HomeMy WebLinkAbout1998-0915 Council Mtg PACKET Important: Any citizen attending council meetings may speak on any item on the'agenda,.unless it the
subject of a public hearing;which has been closed. If you wish to speak, please fill out the Speaker
Request form located near the entrance to the;Council Chambers. The chair will recognize you and
inform you as to_the amount of time allotted to you. The time granted will be dependent to some extent on
the nature of the item under discussion, the number of people who wish to be heard, and the length of the
agenda.
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
September 15, 1998
Civic Center Council Chambers, 1175 E. Main Street
I. PLEDGE OF ALLEGIANCE: 7:00 p.m., Civic Center Council Chambers.
Il. ROLL CALL:
III. APPROVAL OF MINUTES: Regular meeting minutes of September 1, 1998.
IV. SPECIAL PRESENTATIONS & AWARDS:
1. Presentation of Certificate of Achievement in Financial Reporting to
Director of Finance Jill Turner.
2. Presentation regarding "Smartwood" Certified Sustainable Forest
Programs.
V. CONSENT AGENDA:
1. Minutes of Boards, Commissions and Committees.
2. Financial Report for quarter ending June 30, 1998.
3. Approval of the Jackson-Josephine Region, Rural Investment Fund
Program Grant Award Contract for the Ashland Municipal Airport Sanitary
Sewer Construction.
Vl, PUBLIC HEARINGS: (Testimony limited to 5 minutes per speaker.All hearings
must conclude by 9:30 p.m. or 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.)
VIII. UNFINISHED BUSINESS: ..
(None)
IX. NEW AND MISCELLANEOUS BUSINESS:
1. Council Meeting Look Ahead.
2. Discussion and adoption of 1998-99 Communication Plan.
X. ORDINANCES RESOLUTIONS AND CONTRACTS:
1. Reading by title only of"A Resolution Adopting Franchise and License
Fees for Telecommunications Services and Facilities."
2. Reading by title only of"A Resolution Setting a Public Hearing to Hear a
Petition For, and any Objections to, the Vacation of Clover Lane on
Property Owned by Vernon Ludwig near Interstate 5 and Highway 66."
3. Reading by title only of"A Resolution of the City of Ashland, Oregon
authorizing the reimbursement of expenditures with reimbursement bond
proceeds."
XI. OTHER BUSINESS FROM COUNCIL MEMBERS:
XII. ADJOURNMENT:
Reminder: Council Study Session will be
at 12:30 p.m. on September 16. Topics of
discussion will include: A review of questions
for Citizen Survey; RVTD.service improvement;
Presentation from Falcon Cable.
MARC B. NATHANSON
Chairman & Chief Executive Officer
Falcon-
August 31, 1998
w
Honorary Catherine M. Shaw, Mayor
Members of the Ashland City Council
20 East Main Street
Ashland, Oregon 97520
Dear Mayor Shaw and City Council Members:
On behalf of Falcon, I want to thank you for transferring the cable franchise from TCI.
As Ashland's new cable television operator, we plan to expand upon TCI's record of
quality service by upgrading the existing cable telecommunications system to offer state-
of-the-art products and services, at a reasonable cost.
We believe there is an opportunity for a unique and mutually beneficial, public-private
partnership between Falcon and the City of Ashland. Currently, Falcon is preparing a
detailed proposal for a partnership that will be forwarded to you shortly. There are a
number of detailed technical and engineering issues that we are working through. These
are a direct response to requests made during a meeting attended by Mike Freeman and
Falcon representatives.
As you move forward, please know that Falcon is prepared to meet with the City of
Ashland in a serious and deliberate negotiation to create a public-private partnership that
benefits all the citizens of Ashland. We are willing to work towards a long-term
relationship that could be a model for the country. Here is an opportunity for creating a
partnership meeting both our goals and helping to provide modem telecommunications to
the entire Rogue Valley.
We look forward to working with you in the future.
Sincerely,
hjt=__
Marc Nathanson
cc: Mike Freeman
10900 Wilshire Boulevard • 15th Floor • Los Angeles, California 90024
Tel 310.474.6512 • Fax 310.470.2091
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To: Ashland City Councilors
From: Rick Landt
Date: 16 Sept 98
Re: RVTD Transportation Improvements
Please excuse my absence. I never am sure if I will be allowed to speak,
thus I send this in writing. Thank you for taking the time to read this.
1) I want to applaud and support Don Laws concept of bus pass vouchers
to all utility users in exchange for an equivalent transportation
assessment. This will sustain an effort to improve intermodal
transportation in Ashland.
2) Asssuming the above occurs, what do we do with the money?
a) I suggest increasing increasing duration of bus service as a great place
to start. The frequency is adequate, but current hours are daytime week
days, not a service someone can count on in conducting daily life
without a car.
b) We need to have the vision to create a multi-modal transportation hub
in Ashland. It should be on the railroad tracks, anticipating tourist and
commuter trains. For safety reasons, it needs to be on the downtown
side of the tracks. Folks, there is not many undeveloped places left. We
need to act now. This has been a Council goal in the not too distant past
and I know that the City administration worked on it. I do not want us
asking ourselves where the train passengers will get off the train and
find that we have inadvertently developed all the logical locations. This
is one of those times where vision now can pay big future dividends.
r�
ras�yG9
CITY OF ASHLAND
Department of Administrative Services -
MEMORANDUM OkEGO�...°` '
DATE: September 15, 1998
TO: Mayor and City Council
FROM: Dick Wanderschei�
SUBJECT: 1998 COMMUNITY ATTITUDE SURVEY QUESTIONS
(for September 16, 1998 Council Study Session - 12:30 p.m.)
The City has conducted Community Attitude Surveys in 1995 and 1996. We are
presently in the process of selecting a firm to conduct a survey for the City this fall.
The deadline for proposals from firms is September 25"' and it is a requirement the
survey be completed and delivered to the City by November 20'x.
Attached to this memo is the survey instrument from the 1996 survey. This is nearly
identical to the 1995 survey, but a few questions were added in 1996. In discussing
this survey, Staff thinks we should revisit it and discuss with the Council how it should
be changed for 1998. In general, it appears to be quite lengthy, tends to be very
service and operationally oriented, and might contain some information which may
not be as useful now as in the past.
We have also added some additional questions which we would like to discuss for
possible inclusion by the Council. Since we have some time before we need to
finalize these questions, the Council might want to designate a subcommittee to work
with Staff after the initial discussion if more work is needed in developing the final
survey instrument.
27
SURVEY INSTRUMENT
I
Advanced Marketing Research, Ina .
28
Phone# Date hncrvicwer Qua N
1. "Hello, I'm_with Advanced Marketing Research, conducting a public opinion survey regarding the City of Ashland. (Arc you 18
or over?)
2. What do you like MOST about living in Ashland? (Probe and clarify)
1!. Size of city(23%)
Scenery/terrain(15%)
Friendly people(12%)
Cultural activities(12%)
4. What one thing would you change about Ashland to make it a better place to live?
15. Growth issues(14%)
Traffic issues(13%)
City government(12%)
Cost of living(10%)
Tax issues(101/o)
6. Generally speaking,are you satisfied or dissatisfied with the overall level of services provided by the City of Ashland government?
(Then ask.) Is that VERY or SOMEWHAT(satisfied or dissatisfied)?
1( )Very dissatisfied 2( ) Somewhat dissatisfied 3( ) Somewhat satisfied 4( ) Very satisfied 5( )Don't Know/Refused
5% 6% 48% 36% 6%
Please rate the quality of each of the following city services on a scale of 1 to 5 where 1 is poor and 5 is excellent:
Don't 0
Poor Excellent Know Mean b
7.Providing leadership for the city 1 2 3 4 5 6 3.1
8.Managing your city tax dollars 1 2 3 4 5 6 2.6
9.Preventing crime 1 2 3 4 5 6 3.8
10.Planning and managing growth of 1 2 3 4 5 6 2.8
Ashland
11.Encouraging business development 1 2 3 4 5 6 2.7
and job creation in Ashland
12. Maintaining city park grounds& 1 2 3 4 5 6 4.5
equipment
13.Providing an adequate bikeway system 1 2 3 4 5 6 3.1
14.Encouraging the use of mass transit 1 2 3 4 5 6 2.7
system
15. Maintaining city streets 1 2 3 4 5 6 3.3
16.Providing recreation programs for 1 2 3 4 5 6 3.6
young people
17, Quality of electric service 1 . .. . 2 3- 4 5 .6 . 3.9
18. Efforts at electric&water conservation 1 2 3. 4 5 6 3.6
19.Fire response time 1 2 3 4 5 6 4.5
20. Ambulance response time 1 2 3 4 5 6 4.4
21. Fire-Med insurance program 1 2 3 4 5 6 3.5
22.Providing adequate open space 1 2 3 4 .5 6 3.9
23. Providing senior programs 1 2 3 4 5 6 3.8
24. Quality of water service 1 2 3 4 5 6 3.8
25. Do you believe POPULATION growth in Ashland during the past 10 years has been too fast, too slow,or just about right?
1( )Too fast 2( )Too slow 3( Just about right 4(.)Don't know/Refused
47% 2% 45%.. 6%
Advanced Marketing Research, Ina
q29
26.Do you feel that the City of Ashland should accommodate population growth through: additional housing within existing city limits,
annexing more land,or a combination of both?
19% I( )Additional housing within existing city limits
6% 2( )Annexing more land
52% 3( )Combination of both
19% 4( )Neither(Against growth) (DO NOT READ)
3% 5( )Don't know
27.Do you believe ECONOMIC growth and development in Ashland during the past 10 years has been too fast, too slow,or just
about right?
I( )Too fast 2( )Too slow 3( )Just about right 4( )Don't know/Refused
15% 30% 45% 11%
Please tell me whether you believe the following aspects of life in Ashland have gotten better,worse, or stayed the same over the past year
or two: (!f better or worse, ask) And is that MUCH or SOMEWHAT(better/worse)?
Much Somewhat Somewhat Much Don't
Worse Worse Same Better Better Know Mean
28.Recreational opportunities for young people 1 2 3 4 5 6 3.4
29. Availability of affordable housing 1 2 3 4 5 6 2.1
30.Employment opportunities 1 2 3 4 5 6 2.6
31.Traffic congestion in Ashland 1 2 3 4 5 6 1.8
32.Overall quality of life in the city 1 2 3 4 5 6 3.1
33.Recreational opportunities for adults 1 2 3 4 5 6 3.3
34. Social services for the financially disadvantaged I 2 3 4 5 6 2.9
35.Recycling opportunities 1 2 3 4 5 6 3.9
36. Availability of senior services 1 2 3 4 5 6 3.3
How would you rate the following aspects of life in Ashland,on a scale of 1 to 5,where I is poor and 5 is excellent:
Poor Excellent DK Mean
37.Physical attractiveness of Ashland 1 2 3 4 5 6 4.6
38. Cultural opportunities 1 2 3 4 5 6 4.5
39.A sense of community I 2 3 4 5 6 4.0
40. The character of downtown I 2 3 4 5 6 4.2
41. Citizen involvement 1 2 3 4 5 6 3.8
IOn a scale of 1 to 5 where 1 is hardly any and 5 is a lot, how much(INSERT) is there in Ashland?
Hardly Any A Lot DK Mean
42.Ethnic&cultural diversity 1 2 3 4 5 6 3.0
43.Trust in local government 1 2 3 4 5 6 2.7
On a scale of I to 5,where 1 is a negative attitude and 5 is a positive attitude, how would you rate your attitude toward tourists?
Negative Positive DK Mean
44. Attitude toward tourists 1 2 3 4 5 6 4.0
45. Compared to a year or two ago,do you feel your neighborhood is more safe, less safe, or about the same? (Then ask.) Is that MUCH
or SOMEWHAT(saferAess safe)?
1( )Much less safe 2( ) Somewhat less safe 3( ) About the same 4( ) Somewhat safer 5( ) Much safer 6( ) Don't know
3% 9% 83% 3% 1% 1%
46. Compared to other U.S. cities you have lived or visited; does Ashland's crime rate seem higher, lower, or about the same? (Then ask:)
Is that MUCH or SOMEWHAT (higher/lower)?
I( )Much higher 2( ) Somewhat higher 3( ) About the same 4( ) Somewhat lower 5( ) Much lower 6( ) Don't know
0% 2% 17% 32% .46% 3%
Advanced Marketing Research, Inc.
30
47. Generally speaking,are you satisfied or dissatisfied with the opportunities provided to the citizens of Ashland to give input on city
decisions? (Then ask.) Is that VERY or SOMEWHAT(sarisfred/dissalisfied)?
1( ) Very dissatisfied 2( ) Somewhat dissatisfied 3( ) Somewhat satisfied 4( ) Very satisfied 5( )Don't know/Refused
13% 13% 45% 24% 6%
48. Are you very willing,somewhat willing, or not willing to participate in city government, such as attending forums?
1( )Very willing 2( ) Somewhat willing 3( ) Not willing 4( ) Don't know/Refused
18% 39% 40% 3%
49. Are you very willing, somewhat willing, or not willing to participate in city government, such as volunteering on a short-tern
advisory committee?
1( )Very willing 2( ) Somewhat willing 3( )Not willing 4( ) Don't know/Refused
18% 30% 50% 3%
50. Are you very willing, somewhat willing, or not willing to participate in city government, such as volunteering for a four-year term on
a citizen advisory committee?
1( ) Very willing 2( ) Somewhat willing 3( ) Not willing 4( )Don't know/Refused
10% 19% 67% 4%
51.Have you attended a city council meeting in person in the last:
4% 1( ) 3 months(IF"NO", READ THE NEXT CHOICE)
6% 2( )6 months(IF"NO", READ THE NEXT CHOICE)
5% 3( )9 months(IF"NO", READ THE NEXT CHOICE)
8% 4( )Year
76% 5( )None of the above
0% 6( )Don't know/Refused
52.Have you watched a city council meeting on Cable Access TV in the last:
36% 1( )3 months(IF"NO",READ THE NEXT CHOICE)
13% 2( )6 months(IF"NO",READ THE NEXT CHOICE)
6% 3( )9 months(IF"NO",READ THE NEXT CHOICE)
5% 4( )Year
40% 5( )None of the above
1% 6( )Don't know/Refused
In the past year, have you or your family used the following facilities in Ashland:
Yes No Don't Know
53. A school playground after school hours 1 (45%) 2 3
54.Baseball or softball fields 1 (350/6) 2 3
55. Soccer fields 1 (29%) 2 3
56. Volleyball courts 1 (15%) 2 3
57. City tennis courts 1 (27%) 2 3
58. Hunter Park Swimming Pool 1 (37%) 2 3
59.Hunter Park grounds _. 1 (45%) 2. . 3
60. Garfield Park Water Play Facility 1 (38%) 2 3
61. Garfield Park grounds 1 (46"/0) 2 3
62. Oak Knoll Golf Course 1 (24%) 2 3
63. Lithia Park 1 (92%) 2 3
64.YMCA City Park. 1 (300/,) 2 3
65. A neighborhood park 1 (66%) 2 3
66. Local natural or scenic areas 1 (87%) 2 3
Advanced Marketing Research, Inc.
II 41
67. In what city did you last purchase a major appliance from a retail store'?(stove, refrigerator, ctc.)
24% 1( )Ashland
58% 2( )Medford
4% 3( )Other Oregon city
7% 4( )Other city outside Oregon
6% 5(, )Never purchased
1% 6( )Don't know/Refused
68. In what city did you last stock up on groceries?(a major purchase)
89% 1( ) Ashland
10% 2( )Medford
0% 3( )Other Oregon city
1% 4( )Other city outside Oregon
1% 5( )Never purchased large amounts
0% 6( )Don't know/Refused
69. In what city did you last shop for multiple clothing items?(a major shopping spree)
21% 1( )Ashland
66% 2( )Medford
6% 3( )Other Oregon city
6% 4( )Other city outside Oregon
1% 5( )Never purchased large amounts
II 1% 6( )Don't know/Refused
70.From which of the following sources do you get information about city issues? Please answer yes or no. (READ CHOICES;
CODE ALL THAT APPLY)
48% 01( )Ashland cable access TV
73% 02( )TV news programs
180/0 03( )Community or neighborhood meetings
61% 04( )Free newspapers
87% 05( )Informal discussions with friends/oo-workers
63% 06( )Information mailed from the City
74% 07( )The Ashland Daily Tidings
41% 08( )The Medford Mail Tribune
62% 09( )Radio
3% 71. Other:
72. If you read a local newspaper,which section do you usually read for information about city issues? (DO NOT READ CHOICES;
RECORD UP TO THREE)
6% 01( )Do not read a local paper
42% 02( )Front section
28% 03( )Editorial
22% 04( )Letters to editor
1% 05( )News Articles
1% 06( ) Guest Opinion
0% 07( )Paid advertisements
73. Other: .
4% ' 99( )Don't know
74. Have you contacted the City of Ashland by phone in the last year of two?
51% 1( )Yes
49% 2( )No- SKIP TO Q78
0% 3( )Don't know-SKIP TO Q78
,4dvanced Marketing Research, Inc.
32
75. Were your questions handled in a satisfactory manner?
84% 1( )Yes
16% 2( )No--76. What was the problem you experienced?77. Poor responsiveness 44%
0% 3( )Don't know Arrogant people 15%
Situation unresolved 15%
Call not returned 12%
78.Are you retired?
29% 1( )Yes-SKIP TO Q80
71% 2( )No
0% 3( )Refused
79. If employed, is your place of work located in Ashland?
9% 1( )Not employed
32% 2( )Employed, work outside of Ashland
59% 3( )Employed,work in Ashland
0% 4( )Don't know/Refused
80.Please tell me when I read the category that contains your age:
1( ) 18-30 2( )31-49 3( ) 50-64 4( )65 and over 5( )Refused
12% 40% 29% 19% 0%
81.Do you own or rent your home?
1( )Own 2( )Rent 3( )Don't know/Refused
73% 26% 1%
82.Do you have children under the age of 18 living in your home?
1( )Yes 2( )No 3( )Refused
37% 63% 0%
83.Please tell me when I read the category that best represents your total household income before taxes:
I( )Under$15,000 11% 4( )$35,000-$49,999 23% 7( )Don't know/Refused 14%
2( )$15,000-$24,99914% 5( )$50,000-$74,999 12%
3( )$25,000-$34,99918% 6( )$75,000 or more 9%
"CRANK YOU FOR YOUR TIME! RECORD THE FOLLOWING:
84. Gender: 1( )Male 2( )Female
48% 52%
Advanced Marketing Research, Inc.
ADDITIONAL COMMUNITY ATTITUDE SURVEY
QUESTIONS FOR CONSIDERATION
Generally, how responsive is the City of Ashland to addressing and working on the problems and
needs of the community? Would you say the City is:
Very Responsive
Somewhat Responsive
Not Very Responsive
Not Responsive at All
DK/NA
Generally speaking, do you think that things in Ashland are going in the right direction or do you feel
things are pretty seriously off on the wrong track?
Right Direction
Wrong Track
DK/NA
How would you rate the quality of life here in the City of Ashland - excellent, good, fair, or poor?
Excellent _ Good _ Fair_ Poor_ DK/NA _
b,
Looking back, would you say that life here in Ashland has generally improved during the last few years,
has it gotten worse, or do you feel that things are still pretty much the same as they were a few years
ago?
Improved Gotten Worse _ Stayed the Same _ DK/NA
Are you aware there i.s a separately elected Parks & Recreation Commission which is responsible for
Ashland's parks and recreation system?
Yes No
Which of the following factors is the biggest barrier to your perhaps using RVTD bus service for your
daily commute to work, school or elsewhere [read list] [rotate except for last one] [n=296]?
Bus routes that don't go close enough for you [Ask next section]
Timing and frequency of bus schedules
Current car pool arrangements
Driving other family members
Safety concerns
Or wouldn't you use it under any circumstances
Other factors [do not read]
Don't commute daily [do not read]
Respondent DOES commute with RVTD daily
DK /NA
Is the bus route problem more that the buses don't go close enough to your home, or that the buses
don't go close enough to your work or school? [n=84]
Don't go close enough to home
Don't go close enough to work/school
Both/not close enough to either [do not read]
Bad connections [do not read]
Other problem [do not read]
DK/NA
Green Power is a term used to designate electricity from sources that the environmental community
considers to be easy on the environment, like solar or wind power.
Do you think Ashland should offer a Green Power option to its customers?
Yes No
Green Power usually costs more than power from coal or gas-fueled plants, or from some dams which
have big fish restoration expenses. Would you be willing to pay more for electricity if you knew it came
from sources that were environmentally benign?
Yes .. No
If your power bill was $75/month, how much more would you be willing to pay for Green Power?
$5 $10 $15 More? (How much $ )
Do you think the City of Ashland should be doing more to develop solar power locally?
Yes No
Would you be interested in talking to the City about installing solar power on your roof of elsewhere on
your property?
Yes No
Would you be more interested in buying Green Power from the City of Ashland if it included solar
power generated locally where you could see it?
Yes No
Are you familiar with the electric utility deregulation? Yes No
If yes, do you think it is a good idea? Yes No
Note: ORS 271.110(1) requires this notice:
1. To be published in the newspaper once each week for two consecutive
weeks, with the first day of publication not less than 14 days before the hearing
2. Within 5 days after the first date of publication, the city recorder-
"shall cause to be posted at or near each end of the proposed vacation a
copy of the notice. . . ."
and the notice "shall be posted in at least two conspicuous places in the
proposed vacation area."
ORS 271.110 NOTICE OF HEARING. (1)THE CITY RECORDER OR OTHER RECORDING OFFICER OF THE CITY SHALL
GIVE NOTICE OF THE PETITION AND HEARING BY PUBLISHING A NOTICE IN THE CITY OFFICIAL NEWSPAPER ONCE
EACH WEEK FOR TWO CONSECUTIVE WEEKS PRIOR TO THE HEARING. IF NO NEWSPAPER IS PUBLISHED IN SUCH
CITY,WRITTEN NOTICE OF THE PETITION AND HEARING SHALL BE POSTED IN THREE OF THE MOST PUBLIC PLACES
IN THE CITY.THE NOTICES SHALL DESCRIBE THE GROUND COVERED BY THE PETITION, GIVE THE DATE IT WAS
FILED,THE NAME OF AT LEAST ONE OF THE PETITIONERS AND THE DATE WHEN THE PETITION,AND ANY OBJECTION
OR REMONSTRANCE,WHICH MAY BE MADE IN WRITING AND FILED WITH THE RECORDING OFFICER OF THE CITY
PRIOR TO THE TIME OF HEARING,WILL BE HEARD AND CONSIDERED.
(2)WITHIN FIVE DAYS AFTER THE FIRST DAY OF PUBLICATION OF THE NOTICE THE CITY RECORDING
OFFICER SHALL CAUSE TO BE POSTED AT OR NEAR EACH END OF THE PROPOSED VACATION A COPY OF THE
NOTICE WHICH SHALL BE HEADED, "NOTICE OF STREET VACATION,""NOTICE OF PLAT VACATION"OR"NOTICE OF
PLAT AND STREET VACATION,"AS THE CASE MAY BE;THE NOTICE SHALL BE POSTED IN AT LEAST TWO
CONSPICUOUS PLACES IN THE PROPOSED VACATION AREA.THE POSTING AND FIRST DAY OF PUBLICATION OF
SUCH NOTICE SHALL BE NOT LESS THAN 14 DAYS BEFORE THE HEARING.
-�, (8)THE CITY RECORDING OFFICER SHALL, BEFORE PUBLISHING SUCH NOTICE,OBTAIN FROM THE
PETITIONERS A SUM SUFFICIENT TO COVER THE COST OF PUBLICATION, POSTING AND OTHER ANTICIPATED
EXPENSES.THE CITY RECORDING OFFICER SHALL HOLD THE SUM SO OBTAINED UNTIL THE ACTUAL COST HAS
BEEN ASCERTAINED,WHEN THE AMOUNT OF THE COST SHALL BE PAID INTO THE CITY TREASURY AND ANY
SURPLUS REFUNDED TO THE DEPOSITOR.
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
September 1, 1998
CALL TO ORDER
Mayor Shaw called the meeting to order at 7:00 p.m., in the Civic Center Council Chambers.
ROLL CALL
Councilors Laws, Hauck, Hagen, Wheeldon, and DeBoer were present. Councilor Reid was absent.
APPROVAL OF MINUTES
Councilor Wheeldon asked for confirmation of the amount of the donation authorized at the last meeting for the
animal shelter in Talent. It was confirmed that$500 plus in-kind services had been authorized, as indicated in
the minutes.
The minutes of the regular meeting of August 18, 1998 were approved as presented.
The minutes of the executive sessions of August 18 and 19, 1998 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS
1. Report on Financing the Local Improvement District Committee Recommendations.
City Administrator Mike Freeman provided background information on the Local Improvement District situation,
and discussed financing options for the proposed city match of 40%. Recommended utilizing existing resources,
with the balance to be funded through annual appropriations of capital funds through the budget process.
Councilor Wheeldon noted that the costs shown are greater than had been expected, and pointed out that 36 of
the potential projects are at or above the proposed $4,000 cap, while only 25 fall below the cap. Emphasized
that 14 of those above the cap are nearly twice the$4,000 proposed limit.
Freeman emphasized that this was a budget issue, as it is for a homeowner paying improvement costs.
Discussion of"per linear foot" unit cost determinations. Public Works Director Paula Brown indicated that
these allocations were based on sections, and the determinations involved judgement calls with regard to street
width in reaching the $135 per linear foot amount. Confirmed that this was due to physical constraints as well as
right-of-way issues. Freeman noted that these were preliminary estimates. Councilor Wheeldon also stated she
felt that inflation should be taken into account when looking at improvement project costs over time.
Councilor Hagen questioned the shifting of funds to cover the City's portion under the proposal, and the effect of
the shifting of workloads within the Public Works Department. Freeman explained that time and equipment are
part of the City's existing, in-house resources, and that the proposal involves making street improvement projects
a clearer priority. Discussed use of staff time and the shifting of priorities. Councilor Laws stated that other,
lower priorities could be foregone for a time, as the paving of unpaved streets is a high priority. Mayor Shaw
expressed her concern over the implications of making community projects such as sidewalks and crosswalks a
lower priority, and questioned the numbers for the City share as budgeted presently.
Discussion of project costs. Freeman noted that materials are the main variable. Director of Community
Development John McLaughlin explained that in the staff report before Council, costs to lot owners are based on
current, existing lots. The larger existing lots may include vacant land with development potential, and this will
City Council Meeting 09-01-98 1
bring the costs per lot down considerably. Stated that his feeling was that the larger projects would come down
from$10-12,000 per unit to closer to $5-6,000 per unit.
Councilor Wheeldon reiterated her concerns, but noted that she is committed to changing the present process.
Stated that Council needs to discuss this matter in terms of a twenty year timeframe, through a source outside the
present budget. Public Works Director Paula Brown confirmed that total costs over a twenty year period were
approximately $6 million.
Councilor Hagen noted that despite encouraging alternative transportation being a Council goal, projects have
been on hold for four years due to the availability of funds. Expressed his concerns over the funding of
improvements. Freeman stated that funding is identified based on Council policy. Discussion of funding
continued. Councilor Laws stated that alternative transportation projects have not been ignored, and that the
Council has allocated substantial funding to such projects.
2. Ashland Fiber Network-Technical Advisory Committee Report.
This item was moved to be included with the Ashland Fiber Network public hearing to occur later in the evening.
3. Ashland Fiber Network-Strategic Steering Committee Report.
This item was moved to be included with the Ashland Fiber Network public hearing to occur later in the evening.
CONSENT AGENDA
1. Minutes of Boards, Commissions and Committees.
2. Confirmation of Mayor's appointments to Ad Hoc Sister City Committee.
3. Adoption of Findings of Fact and Conclusions of Law for Planning Action 97-054 --Outline Plan
Approval for a 25-Lot Subdivision Under the Performance Standards Option, located at
Strawberry Lane.
4. Authorize the City Administrator to sign and execute the Contract with the Oregon Department of
Transportation for the FY99 Fund Exchange Program.
5. Liquor License Application from Sharon and Gordon Hull d.b.a./The Boudashery Ltd.
Councilor Wheeldon asked Public Works Director Paula Brown to confirm that item H4 dealt with reconstruction
of all of Union Street. Brown confirmed that it was for all of the street.
Councilors Hagen/Wheeldon m/s to accept the consent agenda. Voice vote: All AYES. Motion passed.
PUBLIC HEARINGS
1. Citizens' Committee Report on LID's (continued public hearing).
Public Hearing opened at 7:30 p.m.
Robin & Catharine Carey/527 Walnut Street/Submitted letter to Council.
Rick Davis/478 Fordyce Street/Submitted letter to Council.
Sara Walker/Realtor, Patricia Sprague Real Estate, Inc.lSubmitted letter to Council.
Jack Blackburn/805 Oak Street/Emphasized that he is in favor of Council adoption of the report. Thanked
Committee members, Councilors Laws, DeBoer and Wheeldon, and staff members John McLaughlin and Susan
Yates for their roles in and contributions to the process leading up to the Committee's recommendation.
Emphasized that the $4,000 cap was proposed to equalize the amount paid by everyone, and that the City is a
property owner and should pay its share. Also pointed out the problem under the current methodology with
regard to signed-in favor agreements, which essentially allowed builders to force the creation of an LID.
City Council Meeting 09-01-98 2
Steve Morjig/610 Chestnut Street/Stated that$200,000 per year for twenty years may not be enough. Feels
that Council should accept the Committee's recommendations, but funding and potential shortfalls must be kept
in mind. Proposed some modifications to the report, including a uniform cost per unit, and that funds from those
who prepay should be given to developers if they are paying for improvements. Feels that a Council Resolution
must be contingent upon available funds, and reiterated that $200,000 per year may not be enough. Concluded
that options must be considered and kept open.
Carolyn Eidman/554 Fordyce Street/Noted she resides on Fordyce, where the improvements are complete but
have not yet been billed. Expressed concerns for elderly residents who pay the most, and noted concerns with
the quality of the design and construction of the Fordyce Street improvements. Emphasized that Council needs
to look at all existing projects along with this proposal, but that special attention should be paid to the Fordyce
Street LID.
Harry Bartell/365 Strawberry Lane/Stated that it was his belief that there had been an agreement reached
within the Committee, but that he felt the need to speak in light of Steve Morjig's comments. Asked that
Councilors keep in mind that Morjig's suggested modifications should be kept in perspective with the fact that
the Committee voted 8-2 against Morjig's position.
Public Hearing closed at 7:45 p.m.
2. Ashland Fiber Network (AFN).
Director of Electrical Utilities Pete Lovrovich introduced Southern Oregon University's Richard Holbo, chair of
the Technical Advisory Committee. Provided background, noted that twelve members had held meetings for the
last few months, and noted the memo presented to Council outlining the Committee's recommendation.
Holbo noted that the group had met, and members had broken into categories to consider issues. Explained that
the last page of the memo before Council has the Committee's recommendations. Emphasized that the project is
possible in the City budget, and they would like the City to move ahead and the Committee to continue meeting.
Lovrovich stated that they would bring further technical information to Council at a later date. Mayor Shaw read
the Committee recommendations aloud for viewers: i)The Committee recommends Scenario One from the
Business Plan and revised R.W. Beck financial report and recommends moving forward with the Ashland Fiber
Network(AFN). 2)The Committee recommends that it continue to meet and make further recommendations as
deemed necessary by the Department of Electrical Utilities. 3)The Committee recommends that revenues be
reallocated back into the project for improvements.
Sharon Stern of the Strategic Advisory Committee noted that they had met seven times so far, including meetings
with Ken Harper from R.W. Beck, Inc., and others from around the country who are authorities on similar
projects. Noted the memo prepared by the Strategic Committee, and that discussions had occurred concerning
costs and potential changes necessitated by changing technologies. Recommended that l)The City continue to
utilize the Committees to make recommendations. 2)That the City proceed with the project immediately. 3)That
the City meet with Falcon Cable to discuss system compatibility between the two systems.
City Administrator Mike Freeman noted the importance of this project for the City, and gave a brief history of
the project to date. Noted that various scenarios have been looked at, and R.W. Beck's scenario ql is
recommended. Explained that the initial interest in this project stemmed from the need to find means to deal
with the possibility of eventual deregulation of the utility industry. Federal legislation, in the form of the
Telecommunications Act of 1996 encourages utilities to pursue projects of this nature. Explained the numerous
advantages offered by the proposed Ashland Fiber Network. Noted that staff has done a great deal of work since
the March 17'^public hearing, and staff reports have been revised and reviewed by the two advisory committees.
City Council Meeting 09-01-98 3
Director of Finance Jill Turner emphasized that several scenarios have been looked at thoroughly over the past
I' seven months, and changes have been made. Stated that the present numbers are sound, and would be looked at
favorably on the revenue bond market. Confirmed that she has discussed the project with the City's financial
advisors, and they agree that numbers for the project are favorable and that scenario Nl is recommended.
Explained the timeframe that would follow project approval. First, a reimbursement resolution would be brought
before Council to reimburse current expenses at the time of bond issuance. Second, a rate structure would need
to be designed before seeking financing. Then a marketing resolution would come to Council, so that the City
could pursue sale of revenue bonds privately or on the open market. The final step would be a final resolution
for the bond issuance. Explained that the fiscal process involved would take 60-100 days, and because of
Finance Department workloads she would like to complete the process this fiscal year .
Director of Electrical Utilities Pete Lovrovich confirmed that currently, twelve miles of fiber have been installed,
along with important hardware to enable the Electric Department to use the fiber for outage detection and remote
monitoring. Existing efficiencies will be greatly improved, and the Department would like to begin an
Automated Meter Reading (AMR) pilot project. Provided a tentative schedule for the roll-out of services to
include high speed data transfer, cable modems, and cable access television. Explained that initial connections
would be to local schools, and that this would occur late this fall. At that time, in addition to schools, the
University, City, businesses and other large customers would be connected. Small businesses and residential
service would follow, because these initial connections would be the same ones used to provide CATV service.
Noted that he had met with the Oregon Technology and Telecommunications Committee, which wants to
establish service to the entire state. Emphasized that it is the City's intention to have the capacity for interaction
with other systems, for connectivity to other areas of the valley and beyond. Stated that the Technical Advisory
Committee will continue to look at this issue, and bring further information back to Council.
Councilor Wheeldon asked for clarification of the time frame. Lovrovich explained that the schools, Ashland
Community Hospital, and the library would be connected late this fall. Later in the fall and winter, additional
nodes would be connected. Stated that they hope to have the entire City connected within 14 months, by the end
of October, 1999. Councilor Wheeldon clarified for viewers that this would not be a required service, that
connections would be voluntary and that the project would be financed by its own revenues. Emphasized that in
this regard, it is identical to the water utility. Stated that it would not increase other utility rates, or property
taxes.
Councilor Laws explained that while the project would be funded with revenues, the City would back the
financing in the highly unlikely event that the project failed. Director of Finance Jill Turner confirmed that the
plan is intended to be self-paying, but that a secondary pledge guaranteeing the financing with assets or
secondary revenues might be necessary in the bonding process.
Public hearing opened at 8:05 p.m.
John W. Nicholson/1575 Greenmeadows Way/Submitted a copy of a letter to the Ashland Daily Tidings urging
that further City participation in the project be submitted to a vote of the people.
Marilyn Briggs/590 Glenview Drive/Submitted letter for the record.
Steve Smickland/1180 N. Pioneer Street/Works for OMMI, a non-profit organization funded through SOREDI
to encourage multimedia projects in Southern Oregon. Feels that the AFN would encourage new businesses in
Ashland, and help existing businesses better serve large corporate customers. Stated that he is not alone in
needing to better serve large national corporate clients from Ashland, and only a fiber network system will
provide the level of technology to accomplish this.
City Council Meeting 09-01-98 4
Megan Mitchell/180 N. Pioneer Street/Explained that she works as a daytrader, trading stocks via computer.
The options available to her under the Ashland Fiber Network would make her business more viable. Currently,
she pays approximately $1000 in long distance charges each month, because she needs to call New York City for
6'/2-hours per day for a high speed internet connection. A comparable connection would be available locally
with the AFN.
Senator Lenn L. Hannon/240 Scenic Drive/Speaking as an Ashland citizen of 54 years, rather than as a
legislator. Noted his support for the project, but urged caution in moving forward. Noted that the State of
Oregon is in the process of installing a cable along the I-5 corridor for a statewide network. Urged a
compromise between the factions that have developed around this project, and offered his services to mediate a
dialogue between these public and private factions.
Jim Watson/515 Guthrie Street/Ashland Community Hospital Administrator/On behalf of the board of
directors of the hospital, he expressed support for the project and expressed the desire that it move forward.
John Daggett/355 Fernwood Drive/Ashland School District/Noted that he had spoken with representatives of
Cedar Falls, IA about their similar project, and they are very pleased with the outcome. Emphasized that
Ashland's network is designed to have considerably more capacity, which will enable the City to offer such
features as real-time video conferencing. Emphasized that the School District is interested in a partnership in this
project with the City.
Loren Luman/1701 Butler Creek Road/Ashland School District/Noted that the timing of this technology's
becoming available is good, as the School District has resources available to pursue it. Stated that currently,
interconnectivity between schools is minimal, but that it would be greatly improved with the implementation of
the AFN.
Steve Belsky/609 Elkader Street/Ashland School District/Noted his work with the schools on behalf of Project
A, and explained that the AFN would make possible services such as distance learning, voice identification
programs, video on demand, and will provide for unprecedented interactivity between schools.
Cate Hartzell/881 East Main Street/Excited because the City's participation will bring equity and social values
to the project. Unlike a private business, the City will be able to provide free access stations around town, and a
community web-site. Emphasized that public involvement counts, and that it cannot be matched in the private
sector.
David Fine/735 Frances Lane/Emphasized that in his work as an attorney, he needs the services to be offered
through the AFN now. Provided the example of his work in intellectual property law, wherein he must use his
personal computer in Ashland to access a mainframe in Boston, and download voluminous information via a 56K
modem. In one instance recently, a single download took 25 minutes. But he was able to download the same
information during the AFN Open House in 1'/2 minutes. By the time he transferred the information to clients
on-line with his personal computer, it took him 1'/<hours, but would have taken barely 31h minutes had the AFN
been available. This level of service is needed to encourage jobs in Ashland, and will be a cornerstone to
Ashland's continued economic development.
S.A. "Sherm" Gardiner/615 Faith Avenue/Approves of the AFN for City use, but disapproves of pursuing
business applications. Cited Article 11, Section 9 of the Oregon State Constitution, adopted in June of 1917,
which deals with the "Limitations on Power of County or City to Assist Corporations", as prohibiting the City's
pursuing this project as a business venture.
Tom Garland/47 Union Street/He recently relocated to Ashland in anticipation of the Ashland Fiber Network,
and he endorses the project.
City Council Meeting 09-01-98 5
Gavin Grei/EES Clay Street, 8144/SOU Student/Emphasizes that he, and many ether SOU students, will be
benefitted by the improved download and data retrieval times available through the AFN.
i'
Matt Stillman/220 West Rapp Road, 8138, Talent/ASSOU/Emphasized that technological improvements are
essential, and that SOU students support cheaper, faster, better services.
John Gaffey/637 Oak Street/Stated his opposition to the AFN and to the City's being in business. Stated that
the AFN began as a prophylactic measure to address the possible effects of deregulation on the City's electrical
utility, and suggested that the citizens' desire to continue operating the utility should have been put to a vote.
Also expressed concern that the City has published monthly cable rates already, when no commission has yet
been convened to determine programming content. Questioned whether those expressing support would be
willing to provide up front financial support.
John Huskey/173 Alder Lane/ASSOU Director of Communications/Read letters from Sophia McDonald,
ASSOU President, and William Davis, Director of SOU's Non-Traditional and Commuter Student Center in
support of the project.
Sue Densmore/7 Glen Oak Drive, Medford/Falcon Cable/Noted that Falcon's president has suggested the
possibility of a unique, mutually beneficial public-private partnership between Falcon and the City of Ashland.
Urged that the City and Falcon work together on this project for a win-win situation to save citizen dollars and
benefit the community.
Mike Stallcup/340 A Street/Vice President of Interactive Media Development for Project A/On behalf of the
Interactive Media Development Division, emphasized that high speed data transfer service is essential, and
without this service they would be forced to take that part of their business elsewhere. They are in favor of the
AFN. Noted the time they have invested in support of this project, and in staying in Ashland. Emphasized that
they recently moved into a 11,000 square foot building redesigned to take advantage of the AFN and its services.
Jim Teece/864 Neil Creek Road/President and CEO of Project A/Noted that Project A currently employs over
32 people in Ashland, and they have moved four times in the past six years as their business has expanded.
City Administrator Mike Freeman noted that letters had been received from the Ashland Chamber of Commerce
and Southern Oregon University in support of the AFN.
Bud Coffman/Owner of Croman Corporation/Noted his hope to create a high-tech business park at the former
Croman Corporation mill site on Mistletoe Road. The AFN would be a great asset in this pursuit, and would
generate a great deal of money for the City.
Brad Szymalak/125 Lincoln Street/As an internet user, he feels a project like this is needed for the speed it will
provide. Stated that Ashland will serve as a model for the nation, and that he is honored to be in the community.
Emphasized that the services to be provided will be a model, are visionary, and that money should not be an
issue.
Public hearing closed at 8:57 p.m. (Break called until 9:05 p.m.)
Councilor Wheeldon questioned how cable television rates had been projected. City Administrator Mike
Freeman explained that the City has joined a non-profit organization which provides programming, and as such
has an idea of the potential costs. Emphasized that a committee would need to convene to determine specific
programming content, but at this point, the City knows what programming costs will be. Councilor Hauck also
noted that programming costs and requirements for various service tiers are set under federal regulations.
City Council Meeting 09-01-98 6
Councilor Wheeldon questioned Senator Hannon's statement that the state is installing a cable for a statewide
network. Freeman noted that in recent discussions with US West, he had been told that US West will not be
providing services similar to the AFN in the near future. Stated that he was unaware of a state system.
Councilor Hauck stated that other states have developed a statewide network, and that the AFN would not
prevent a connection to such a network.
Councilor Laws emphasized that approval of the AFN project at this point will leave details open. Emphasized
that partnerships, including a potential partnership with Falcon Cable, would still be a possibility. Explained that
the City's concern is that a private provider should not have a monopoly on the fiber connections. Feels that
connections should be public, but that the City is open to potential partnerships in the delivery of services.
Emphasized the City's desire to seriously look at partnerships.
Councilor Hauck emphasized that the AFN needs to be a community controlled resource, both in terms of access
and technology.
Councilor DeBoer stated that the project will be a challenge, and emphasized the need to look at bookkeeping to
identify the true costs of personnel involved in the project.
Councilor Hagen stated that it is the responsibility of the Council to ensure that the City utilities stay competitive,
and emphasized that this is a huge step in that direction.
City Administrator Mike Freeman noted that his comments which identified letters from SOU and the Ashland
Chamber of Commerce as strongly supporting the AFN may not have been a proper characterization of their
content, and urged that Councilors read these letters.
Reading by title only of"A Resolution Approving the Ashland Fiber Network's Scenario 1 or Most Likely
Case and Authorizing Staff to Develop and Pursue a Financing Plan."
Councilors Hauck/Hagen m/s to adopt Resolution k 98-_. Roll call vote: Laws, Hauck, Hagen, Wheeldon,
and DeBoer, YES. Motion passed.
PUBLIC FORUM
Opened to public comments at 9:15 p.m.
Cate Hartzell/881 East Main Street/Indicated that the "SmartWood" forestry certification program presentation
that she was to have discussed this evening, along with forester Steve Gretzinger of the Rogue Institute for
Ecology and Economy, had been rescheduled to the regular meeting of the Ashland City Council scheduled for
September 15'".
Closed to public comments at 9:17 p.m.
UNFIMSHED BUSINESS
(None)
NEW AND MISCELLANEOUS BUSINESS
1. Council Meeting Look Ahead.
City Administrator Mike Freeman indicated that this item was presented for Council information purposes, and
he would answer any questions the Councilors might have. Councilor Wheeldon questioned item k9, which
stated that there was a public hearing scheduled for September 15'concerning Clover Lane. City Attorney Paul
Nolte explained that an application had been received to vacate a portion of the street, and that it had been
approved by the Planning Commission. Stated that information will be included in the Council packets for
September 15'", and a public hearing will occur October 6'". Freeman indicated that this would be corrected on
the next Look Ahead.
City Council Meeting 09-01-98 7
2. Consideration of L.I.D. Committee Report.
City Administrator Mike Freeman explained that at this point, staff is looking for Council to accept or make
changes to the Committee's recommendations to lead to an eventual ordinance change.
Councilor Wheeldon noted Steve Morjig's comments on funds, and discussed the nuances of finances, limits, and
interfund borrowing. Emphasized the need for neighborhood participation, coordinated with the efforts of Public
Works and Community Development to ensure that streets are of a quality to satisfy both the citizens and the
City. Noted that this will require improvements in the overall process.
Councilor Laws explained that aspects of the process involving neighborhood participation could not be
addressed at the committee level, and it was the assumption of the committee that staff would develop
administrative procedures to improve the process based on the Council's direction.
Councilor Hagen questioned whether improvements involving just sidewalk improvements would be covered at
60% by the City. Council agreed that this would be the case, subject to the availability of funds. Also noted that
the Committee's developing a proposal and expecting that the Council would adopt it as submitted, without any
changes, is distressing.
Mayor Shaw explained that in the committee process, the committee makes a recommendation to the Council and
to the community at large. This recommendation is looked at, and considered along with community input to
yield a decision by the Council. Emphasized that final decisions are not made by committees, and that decisions
are not reached prior to public hearings.
Councilor Hagen suggested that the rest of the community has not had adequate time to understand the
implications of these recommendations, and emphasized that they will affect the levels of service received from
the City.
Councilor Laws, as chairman of the committee, stated that the committee did not say it expected no changes to
its recommendations, but rather individual committee members made this request to the Council through the
public hearing. Emphasized that this situation was due to the disparity in opinions present within the committee.
Explained that despite strong feelings for their individual positions, members were able to compromise in order
to make possible reforms in the LID process. Reiterated that a lot of hard work was involved in reaching a
consensus, and that all members gave ground from their original positions in order that the committee could
reach a consensus that all could sign off on. Noted that this issue has been around for years, and that there will
never be an all-inclusive solution. However, the wide range of views present on the committee were able to
reach a consensus, and it is now up to the Council to reach a decision. Emphasized that if a Councilor disagrees
with the report, he or she should vote accordingly. Stated that the time has come to deal with this issue, and that
it will require addressing financial components as well. Concluded that the LID situation can be worked out
through this process.
Councilor DeBoer recognized that the current LID situation does not work, and urged verbatim passage of the
committee's report as a working document. Stated that there will be changes down the road. Emphasized that
he is committed to alternative transportation. Urged passage of the recommendations and use of available funds.
Future improvements will be guided by funding.
Mayor Shaw stated that the LID issue is acrimonious and most divisive. Emphasized that the common
perception of the process is that citizens pay to support development. Expressed her hope that the
recommendations will solve some of these issues. Recognized that the potential for diversion of funds away
from other options is a concern and will need to be looked at. Also recognized that staff spends a huge amount
of time dealing with issues of the current LID process. A decision tonight could free up staff and council to deal
with other issues. Suggested that any document adopted should not be considered to be a working document, as
any "wiggle room" will come back before the Council. Emphasized that a consistent policy is needed, and that
changes should be made to the current policy and then kept to put the issue to bed once and for all.
City Council Meeting 09-01-98 8
Councilor Hauck noted that being able to prepay an assessment and retaining the right to remonstrate is a
problem. Stated that someone who had already paid their portion of an improvement project should not be able
to stop the project at a later date. Stated that they would still have the opportunity to speak out during the public
process. Also suggested that financial planning should be addressed, and that there will be trade-offs in the
details and priorities. Will need to decide where money is to come from and what will be put off to allow these
projects to continue. If this is not to be the case, other options will need to be identified.
Councilor Hagen noted that bikepath improvements have taken decades, and funds came from ISTEA and
CMAQ. The City did not pay for these projects, though some funds came from sidewalks. Emphasized that the
Central Ashland Bikepath(CAB) will be a critical improvement for the City, and that the fewer people driving
the better. Recognized that the City's fare reduction program with RVTD is good, but improvements could be
made in the City's transit system.
Councilor Wheeldon noted that she was a committee member and had dissented. Stated that her concerns were
with the cap. Emphasized that there could be a$1.7 million increase in the City share due to the caps. Feels
that this should be funded through a bond issue for the amount and time frame necessary. Suggested that the
council take the time to look at this issue, keeping in mind that sidewalks and arterial streets need funding as
well. Feels that the transportation utility fee is suited to use on alternative transportation programs or safety
projects, but a big ticket plan of this nature is more on the level of a system plan. Expressed her hope that the
committee's report can be seen as an agenda from which to move forward.
Mayor Shaw stated that she hopes this will not increase the transportation utility fee. Explained that any increase
in this fee should go towards an RVTD voucher system for citizens.
Councilor DeBoer noted that the cap is presented in a misleading manner in the staff report. Explained that the
committee had dealt with the cap issue, but the report from staff is misleading. Also noted that while he is happy
with the report, he views all documents as "working documents". Emphasized that if handled properly, those
who pre-pay will not remonstrate. Stated that paving costs the citizens, and the City should bear its share.
Agreed with Councilor Hagen on the importance of alternative transportation, and urged passage of this report to
improve the handling of the next LID project, as well as the six that are currently underway.
Discussion of the proposed$4,000 cap, inflation, and the cost of funding a big ticket plan of this nature.
Councilor Laws suggested looking at transportation issues as a whole. Emphasized that all issues being
discussed - including alternative transportation and environmental concerns- are all addressed by paving. Will
need to fund projects year to year, as funding is available in the budget. Stated that dealing with the LID issue
will alleviate much distress: Suggests approving the policy, with any changes, and working out the financial
side.
Councilor Wheeldon suggested that the report is a series of recommendations, and not a policy. Feels that a
policy needs to be built around it, to lock the City in and to clean up some of the details. Stated that
recommendations can be accepted, then a policy formatted and funding found.
Discussion of funding used on Central Ashland Bikepath(CAB) and whether these funds were merely "pass-
through" dollars from ISTEA and CMAQ.
Councilors Hauck/Hagen m/s to extend the meeting to 10:30. Voice vote: All AYES. Motion passed.
MOTION: Councilors Wheeldon/Hauck m/s to accept the L.I.D. Committee Report, to form an L.I.D.
policy using the L.I.D. Committee Report, and to ask staff to bring back information identifying a funding
source for the full amount of the City's participation in local improvement projects over a twenty year
period .
City Council Meeting 09-01-98 9
DISCUSSION: Councilor Hagen questioned whether the City's 40% participation in improvements under
the plan is more than the City can afford. Discussed taking inflation into account in the plan. Councilor
Laws noted concerns with the funding mechanism, as needs will change. Discussion of amending the
motion to adopt the procedure in the report and seek further funding information from staff over time.
Suggested that this is a system plan and emphasized the need to find funding.
City Administrator Mike Freeman asked to clarify the motion. Noted his concerns over the possibility of
funding a plan twenty years out. Explained that uncertainties, such as those brought about by the passage
of Ballot Measure 5, make this very difficult. Stated that some LIDS may not be built and that the need
for funding will be dependent on the timing of individual projects. These will need to he funded as they
arise. Feels that the motion is too specific, and such specificity for a twenty year plan would require
significant assumptions that are difficult to'make in light of the uncertainties involved.
Mayor Shaw stressed the need to identify where funding will be found, and urged that implementation of
the recommendations not detract from other Council goals.
Councilor Laws stated that the City would need to plan on the$200,000 per year cost identified in the staff
report, over a period of time.
Councilor Hagen suggested discussing a fair percentage for City participation.
Councilor DeBoer stated that staff is involved as part of the committee proposal, and that funding could be
found through the budget process. Suggested amending the motion.
MOTION TO AMEND: Councilor DeBoer moved to amend the motion, removing the requirement that
staff bring back information identifying a funding source. Motion died for lack of a second.
DISCUSSION: Discussed what form a financing plan would be brought forth in, and noted the need to find
$4 million over twenty years. Councilor Hauck clarified that Councilor Wheeldon wanted an ordinance
implementing the committee recommendations.
Councilor Laws identified issues that had come forth so fare as I)Where will funding be found? 2)What
parts of the committee's recommendations will be adopted? Suggested that Councilors go back through the
committee report individually, and bring back their comments and suggestions to a later meeting.
Discussed what was needed to reach an agreement. Councilor Wheeldon explained that she would like the
Council to work on developing a City policy based on the committee recommendations.
City Administrator Mike Freeman suggested reopening discussion at a study session, looking at financing
options and drafting an ordinance at a later date. Council stated that this was agreeable, and opted to vote
on the motion before them.
ROLL CALL VOTE (ORIGINAL MOTION): Hauck, Hagen, Wheeldon, and Laws, YES. DeBoer, NO.
Motion passed 4-1.
ORDINANCES. RESOLUTIONS AND CONTRACTS
1. First reading by title only of"An Ordinance Amending Section One of Ordinance 2582 to Extend
the Franchise Term for Ashland Sanitary Service to the Year 2018."
Councilors Hagen/DeBoer m/s to adopt Ordinance 1f 28_. Roll call vote: Hagen, Wheeldon, DeBoer,
Laws, and Hauck, YES. Motion passed.
2. First reading by title only of"An Ordinance Amending Section 9.20.030.A of the Ashland
Municipal Code to Permit Meat to be Packaged in Styrofoam."
Councilors Hagen/Hauck m/s to adopt Ordinance N 28_. Roll call vote: Wheeldon, DeBoer, Laws, Hauck,
and Hagen, YES. Motion passed.
City Council Meeting 09-01-98 t0
3. Reading by title only of"A Resolution of the City Council of the City of Ashland Reiterating its
Policy of Relating the Expenditure of Monies for Economic and Cultural Development to the
Hotel/Motel (Transient Occupancy) Tax and Repealing Resolution 98-02."
Councilors Hauck/Hagen m/s to adopt Resolution#98-_. Roll call vote: DeBoer, Laws, Hauck, Hagen,
and Wheeldon, YES. Motion passed.
4. Reading by title only of"A Resolution Approving the Ashland Fiber Network's Scenario 1 or Most
Likely Case and Authorizing Staff to Develop and Pursue a Financing Plan."
(Dealt with under Public Hearings.)
5. Reading by title only of"A Resolution Authorizing Water Connection Outside of City Limits for
Mary Rolih, 2290 E. Main Street."
Councilors Wheeldon/Laws m/s to adopt Resolution #98-_. Roll call vote: Hauck, Hagen, Wheeldon,
DeBoer, and Laws, YES. Motion passed.
6. Reading by title only of"A Resolution Exempting Personal Services Contract for Management
Information System Consultant from Formal Competitive Selection Procedures Required under
Resolution 94-21."
City Administrator Mike Freeman provided some background information. Noted that in the technology
assessment that was done soon after his coming to the City, it was suggested that the City needed to work on
ensuring that "due diligence" occurred up front in selecting technology. Explained that the use of a Management
Information System Consultant serves that purpose through helping to assess technological needs.
Councilors Hauck/Wheeldon m/s to adopt Resolution #98-_. Roll call vote: Hauck, Hagen, Wheeldon,
DeBoer, and Laws, YES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS
Mayor Shaw noted a recent incident involving someone who was interested in filming a motion picture in Lithia
Park. This request was referred to the Ashland Parks and Recreation Commission and was unanimously
declined because only "non-commercial" ventures were allowed in the park. The Mayor explained the quandary
created, as the Chamber of Commerce, in cooperation with City staff, have prepared a guidebook which
specifically mentions filming in the park. Noted that the Ashland Parks and Recreation Commission is set to re-
examine this issue in January of 1999. Stated that more communication is needed between the Ashland Parks
and Recreation Commission, the City and the Chamber of Commerce, and suggested that the Council draft a
letter on this issue. Councilor Laws suggested that Mayor Shaw and staff meet with Ken Mickelsen, Director of
the Parks Department, and the Ashland Parks and Recreation Commission Chair to address the quandary created
by this policy. Discussion.clarified that the guidebook mentioned had been prepared through the Chamber of
Commerce, but City staff and officials had input.
City Administrator Mike Freeman noted that there was to be a joint meeting between the Council and the
Planning Commission on September 29'"at 7 p.m.
Freeman also indicated that the Ashland Parks and Recreation Commission had requested a joint meeting to
discuss issues around the Calle, and that a date remains to be announced for that meeting.
Councilors and viewers were reminded that the next City Council meeting is the study session scheduled for
Tuesday, September 15'^at 6:00 p.m., prior to the regular meeting, to discuss the draft communication plan.
ADJOURNMENT
The meeting was adjourned at 10:28 p.m.
Derek Severson,Assistant to the City Recorder Catherine M. Shaw,Mayor
City Council Meeting 09-01-98 11
Cate Hartzell
881 East Main Street
Ashland, Oregon 97520
August 28, 1998
Ashland City Council
20 East Main Street
Ashland, Oregon 97520
Dear Council person,
One of the ways that we move toward sustainable environmental, economic and social practices is
for governmental bodies to shoulder the burden of risk or higher prices inherent in any transition.
The presentation that the Council heard two weeks ago about solar-based electricity generation is a
perfect example of how the City can model movement towards appropriate technology and
practices.
Over the course of the last year, I've had conversations with Steve Gretzinger about how to bring
his work at the international and state level to our own community. Steve is the Technical
Coordinator for the Smartwood Certified Forestry Program at Rogue Institute for Ecology and
Economy. The enclosed packet explains the concept and details of the Smartwood forest
certification program of the Rainforest Alliance; RIFE is the network partner implementing that
program within the state of Oregon. As a forester, Steve is involved both in certifying forest land
that meets established standards and in stimulating the market for the products that are removed
from certified land.
Steve and I plan to speak at the Public Forum this Tuesday, September 1, to talk briefly about the
leadership role that several cities have taken in stimulating markets for timber products derived
from forests whose management has been certified as sustainable. San Francisco,California and
Austin, Texas (and Los Angeles is in the process)have adopted ordinances directing that municipal
building projects purchase lumber from certified forests if the price is within a specified percentage
of the lowest bid price of non-certified lumber.
We will request that the City Council consider adopting an ordinance or policy along the same lines
as San Francisco or Austin. Steve has a copy of San Francisco's ordinance and is willing to dedicate
some time to this effort. We believe that it is consistent with the values of this community. We
invite your review of the packet and if you have any questions, feel free to call me(482-4111) or
Steve (488-2356).
We appreciate your time and look forward to bringing this opportunity before the Council for
consideration.
Sincerely,
Cate Hartzell
Snap- 16-98 01 : 42P
P.03
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CITY OF Los ANGIELES
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RICNARD 1 RIORDAN
ra.eet
November ti, 1997
Honorable Kichard Alareen.Councilmember
Seventh City Council Diarict
Room 21.8, City Ball
Doan Ctiuncilmember Alarcon:
Purchase of Temperate lupdj_Maw IA1aQ;y}lI-Cz0aQtL ] .F- 97 1 kQl
In response to your motion regarding The purchase of tempaiata rainforast woods,the
Environmental Affaira Department and the Oeneral Services Department, in consultation with
the Integrated Solid Waste Management Office and the City's Sustainable Building Task
Force_ have prepared this joint report
Re!•emrn—�d..i...,
Tee Environmental ASirirs Department and 0ancral Services Departtnent recommend the
following for the City Council approval,subject to the approval of the Mayor:
(1) DIRECT the City Attorney to prepare and present to the Environmental Quality
and Waste Management Committee within 45 days an ordinance establishing a 10
percent pvmhage price preference for wend mtltiilrittls and products, including
lumber, that arc certified by a certifier that is weredited,by the Forest Stewardship
Council or its successor organization as having been sustainably produced.
131 PROHIBIT the purchase of wood and wood products that am produced from ald-
growth temperate frees except when such wood and wood products are certified
by a certifier that is seoreditad by the Forest Stewardship Council or its successor
organization as having been susWriably produced.
(3) DSCIARB that it is the intent of the City Council to include rcused/reclaimed
wood and wood products in the City's existing recycled product purchasing
preference program.
.N xaw�eslrLOVeswrt oPevRYtevr7v-.IVrrRMavM worNN aM/LOr6,11 .w....�•.,.... $�
Og/Ob/9e TSR 08:87 ITY/9S NO 96641 ®001
Sep- 1S-98 01 : 42P 4:04
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-(4) INSTRUCT all City departments, including proprietary departments, to substitute
certified wood, underutilized species; rcusedhaalsimed wood, lesser grades of
wood, and reeyeled-content non-wood products whenever feasible.
(5) DECLARE that these requirements Shall apply to the City's Purchasing Agent,to
each of the City's proprietary City depa"ants. and in City construction
specifications for buildings and tenant improvements.
(6) DIRECT the Purchasing Agent to report,on an as needed basis, to the Chair of
Environmental Quality and Waste Management Cemmift m an the
implemeeitation of this policy.
triscall Impart Statement
The fiscal impact of adopting a 10 percent purchase price preference for both certified and
recycled wood products and materials is not significant sine@ most certif+ad woods are
comparably priced with non-certified products and recycled woods are generally less
expensive.
93rkCCSUnd •
On April 20. 1995, the City Council, in an effort to minimize the City's impact on the tropical
rainferci;L adopted a policy on the purchase of tropical hardwoods that required that any
tropical hardwood purchased by the City be certified by It certifier aceredit■d by the Forest
Stewardship Council as having been harvested in a sustainable mannar(CF: 91-0411). On
August 1. 1997. the City Council adopted a motion (Alarcon-Galanter, included as
Attachment A) directing the Environmental Affairs Department to prepare a policy
r•ecommendatiott on the purchase of temperate wood.products consistent with the previous
City Council action on Vopicsil hardwoods. The Council also directed the General Services
Department to prepare an analysis of the City's current purchase of temperate woods
compared with potential substitute materials. This joint report tesponds to both of these
directives.
r_ertlfication
The Forest Stewardship Council is an independent, non-profit, non-governmental
orzanization that was founded in 1993 to support the environmentally appropriate. Socially.
bceieficial, and scbnemieally viable meeag4ment ofthe'world's forests. it comprises
environmental institutions,companies involved in the timber trade, forestry professionals,
indigenous peoples' organizations,community forestry groups, and product certification
urganitntions from 225 countries. The Forest Stewardship Council is broadly seeeptad @ltd
al/as/96 M 4st17 17T/RX NO 95441 (LOGS
Sep- 16-98 01 : 42P
P..05
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FRM :"FSC uS P1MTNE Nu. SM 244 6227 Fab, as 1992 11;32prt Pa
3
internationally recognised 03 the organization with the authotity, legitimacy,and credibility to
accredit foram management certification organizations. The Forest Stewardship Council has
accredited two such organizationvin the United!`tams: Scientifie'C4rtificoon Systems and
Smart Wood. These two organizations are Accredited to certify forest management companies
(sources of lumbers manufacturers,and distributors. It is recommended tharthe City' only
accept certifications from certifier, that have been accredited by the Forest Stewardship
Council or its succatacr organisation.
r1l=nr pt tihasen ofTaf --r. p %ramp e •a Against.oetentifil Substitutes
epsej on ouh dii4wisiaos with the City departments that use wood and.wood maieriels,other
pioduets such as mclaimatvnumd wood and non-wood products(;mob as recycled plpstic
lumber)are acceptable substitutes to wood products depending an the circumstances. Cost
uamparisons of these products indicate that plastic products are generally more expensive than
wood products while reclaimadireused wood products and materials are approximately 30
percent less expensive on average. Additionally,our study indicates that because the
certification of wood attracts a minimal additional cost,wood suppliers do not anticipate price
aureases as a result of the cost of certification.
biseussina of Pumhasino Pali"Optians and Itecommenglarions
In preparing the recommendations for this report,the Environmental Affairs Department and
the General Services Department eonciderad numerous potential policy options relative to the
purchase of temperate woods each of which Is discussed below:
t hrrrf phr Ban nn Mc Pnnlatc nfAll Yemperwra Woody—One of the potential options
considered is a prohibition on the purchase of all temperate wood and wood products.
However, such a policy is not entirely feasible nor desirable for several reasons. First. there
are mahj wood products produced from temperate woods for which no alternatives currently
exist:a ban on their purchase would leave the City unable to meet some ofits needs,
Additionally,the goal that is being sought in the development of this policy is to protect and'
sustain forest lands. A policy thw devalues such lands by prohibiting their sconornii use can
have the unintended consequence of actually accelerating the destruction of forests as
landovmars clear their property of tress so that it can be used for other, more economic uses
such as ngricultuta or grazing. Tomes the goal of protecting the forest,a proper policy
would eonvinca landowners that the hest end most economic choice for the use of their fortot
prop"is to manage and harvest the woods in a sustainable manner,thereby protecting
against the destruction of forests while allowing their aoenomic use. This can be achieved by
greeting a demand for wood and wood products that are certified as having been sustainably
produced.
ovas/2s 19u oa:z7 1TY/n No 26941 49004
Sep- 15-96 01 : 43P v -_._ P.06,
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i
1'gli(:y.l44Vr(11WM)e1119 19'nhu;<e fCerltflul Wrnx/On(y—This approach would be similar to
;he.City'a currant policy relative to tropical hwdv(ooda in.whieh the City has deelared.that it
will only purchase tropical hardwood that is certified as having been sustainably produced.
While such an policy was appropriate for the limited quantities of tropical hardwood that the
City purchased, such a policy is not currently feasible given the significant quantities of wood
products that the City purchases and the limited amount of certified wood currently available
on the market. In our discussions with suppliers of certified wood and wood products, we
were informed that it is very unlikely that the City's demand for wood and wood products
could be consistently mat from certified sources. Evidence of this is the fact that of the
approximately 500 million acres of forest land in the United States that is considered to be
commercial timberland,only 2.2 million acres are sustainably forested by certified timber
companies.according to the Forest Stewardship Council. Furthermore, as of June 1997, there
ware only five certified forest land managers and eight certtfied forest product manufaetucers
and distributors to California. In order to increase the amount of forest land that is sustainably
managed and harvested, purchasing policies should provide incentives to forest managers to
have their operations certified. Once sufficient supply of certified wood and wood products
ties been created.a policy that prohibits the purchase on non-certified wood and wood
products can be considered.
Pureharing('refrrance for Certiflod Snr/dinohle Wnod and Wrrad Products—Qivan the .
eumnt limited supply of certified wood and wood products, it is reeammendad that the City
adopt a 10 percent purchasing preferenca policy in which the City would purchase certified
wood and wood products if its cost is within MIA of the lowest bid. In the late I ilIVS,the
City end many other governmental agencies adopted these types of policies for products
produced from recycled materials in an ctfort to spur the development of such produets. In a
similar fashion, a pueeliasing preference policy for sustainably produced wood and wood
products will provide an incentive to prcducars to sustainably mange their forests and to be
certified in order to supply such products. Additionally,such a purchasing policy sends a
clear,signal to the marketplace that these is a damand for eertifred.waod and wood products
that are sustainably prodaced. As the supply of such woods increases, it may be possible to
adopt purchasing policies that require the purchase of certified wood only.
laruhihit The 1,21 haw of lwrxxl and wroid PnNhrw Avdneed from Tnet in old.Orowlh
.7 entyxnure r'u►esrx Es.%tpi Whan Such Wund and Wood Fruthiols Are C:ar(OWd os Hav(nb(
/Jreh,tit.+lainabl}r prVidlicad• One of the most significant concerns about temperate woods is
the pressure placed by the demand for wood and wood products on the remaining stands of
old-growth forests. 71new areas, knoum as old•grnwth.ancient,or virgin forests,are areas
that have not been previously subject to logging and,thereby,contain the oldest tress:
Becituse a significant portion of the North American old-growth forests have already been
cleared, the remaining old-growth forests are providing an increasingly significant habitat for
i
at/09/9e ffiU 011:17 ITS/az Me 18641 Qoos
Sep- 16-98 01 : 43P P.07
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3
birds and other wildlife,including those that are endangered or'threateried. Therefore. while
we are reodrrtmending a pumbasing policy that focuses en certified wood and wood ptod`u.-. .
the am elso'recommendint that additional action be taken'to'prOtect the remaining ancient
old-growth forest. In particular, we arc recommending that the City prohibit the purchaso of
o(d•tirowth temerste wood eseept in those instances where the Old-growth wood and wood
products am certified as having been sustainably produced. This prohibition should be
enforced by all City use departments. The City purchasing Agent should require suppliers of
non-certified wood and wood products to provide the City with a signed declaration that the
wood and wood products that they are supplying to the City aro not From otd-growth trees.
"this declaration shall be signed by the supplier under penalty of perjury.
This policy would prohibit the City from purchasing old-growth wood from ancient,.
untouched,virgin forests since the taking of trees from such forest cannot be certified as
sustainable. It would, however. allow the purchase of old•grovA wood from remnant old-
growth trees that are located in sustainably managed second and third growth forests where
such trees we pert of a larger forest ecosystem that includes a variety of trees at a variety of
agog,including old second-growth trees. In this way, this policy would protect untouched
old-growth temperate forests without discriminating sgainst certified sustainable forest
managers that have some remnant old-growth trees an their property. It should also be noted
that the Pseifte Forest Trust on behalf of the Forest Stewardship Council is currently
facilitating the development of regional sustainability standards for the Pacific Northwest that
are eape:oted m address the issue of old-growth trees. Once these regional sustainability
standards are finalised and adopted by the Forest Stewardship Council, it may be appropriate
for the City to revisit this prohibition to focus exclusively On certifie>1ti0n.
lnchrsion o rResixod Roe/aimad Wrnri Prruirrcq'in 16c C:iry> 1?cc3c&d Prodtrcr/rrrrcha.rirrg
/,nr}rront •There are malty applications in which the City could use reused and reclaimed
wood and wood produart as an alternative to virgin materials. 8y so doing,the City can
reduce its dcmai4 on forest resources as weli as reduce its io"Wsiricerbus"Iftclaimed
products may be lass expansive than virgin wood products.'While such wood ae ttrr
products would likely qualify for the City's 10 percent purchasing preference program
recycled content products,the City has not actively sought to purchase such roused/reclaimed
world products and materials. It is, therefore, reocmmsndad that the City Council explicitly
include the"wood products within the City's existing purchasing preference praynsm and
direct user departments to identify aPP"cations for which such wood would be appropriate.
The Purolres;ns Anent should seek to procure such wood by collaborating with the Int0irttlted
Solid Waste Management Office to identify end/or develop new supply sources.
02/06/98 WU 01:27 ITX/RX Ito 9054) ®000
Sap- 18-98 01 : 44P P.08
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FROM FSC U! PROM No. t 002 244 6457 Feb. BS 199® 11:34AM F'7 ..
•tf)ixu<(;ity Ucyarlmenrs rn 1'altryndu Ciurt!)ted Wand.,UndenditidaOS/xrelee, -Re'" W"
f.cc<cr Cie
dar ufWorx/,aml Reewled-Confent Non-Wood Ppegh e s Whoriccar Fadrrble -
Sines certified woods may not always be available in all species, City departments should
cbnsider whether it is possible to substitute a different species of wood that is available in a
certified form- Additionally, the City tan reduce its expenditures on wood and wood products
by purchasng reused/reclaimed wood products, underutilized spooies, and lesser grades of
W004 when pubic health and safety or the quality of work is not compromised. Thug,there
may be opportunities to both reduce the City's costs and protect forest lands by specifying
lesser g cedes of wood that are more appropriate to their actual use such as select heart,
.:onstruction heart, or construction cpmrtten. Also, since there is leswr demand for
underutilized species of wood, their cost is less compared to high-demand woods such as
redwood. Finally. there are wood products that the City use{that maybe more appropriately
produced from recycled and recyclable plastic or steel,
Further, in our review of City purchase over the pest four years, it is noted that the City
purchase many redwood products such as surveying stakes and mulch that could easily be
roads from other woods or recycled materials, Indeed, the City's own green waste recycling
program is currently being examined to expand its use of mulch for the City's purposes,
reducing the City's proeuratttent costs for this product and providiha a beneficial use for
another program of the City. In view of the feet that other similar opportunities may exist it is
recommended that the Council diwt all City departments;including Proprietary departments,
to use reclaimed/reused wood. lesser trades of wood, underutilized species, and recycled-
content non-wood products whenever'feasible.
Thank you for your consideration of this report. If you have any questions Or comments,
please contact Gary Gera of the Environmental Affairs Department at(213) 590-1024 or Isaac
Ike of the General Services Department at(213) 495-0740.
Ulhan Kawasok+.General Manager
Randall C. Bacon. General Msnager
.Environmental Affairs Department General Services Department
«: Couneilmoint»Lab Galanter
Councilmembgr 004'Miscikoetski
Michael Garay.Con•Clark
AV,aclancnts .
1)Motion(Alarean.Galanter)
2)list or Person and Orsoniratioot Cill's ad
eR/aS/88 1'911 08:27 iTX/U No 96641 ®007
a
Sap- lfi-98 01 . 45P ,... ____ _ __,.-.. P. 10
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FROM FSC CJs PrrCN6 r O. 6a2 244 6757 F". 95 1998 lit 345th P,6
r .
la.April 1995, the City'Council adopted a purchasing policy to protect tropical rainforests by
requiring that any tropical hardwood purchased by the City be certified as having been
harvested in a sustainable manner. Like the tropical rainforests, the temperate rainforests of
North America race tremendous pressure from logging and other intsmsts_ One of the most
jmpmum trees in the temperate rainforest is the old growth redwood which provides
important habitat for birds and other.wildlife(including those that are ewreatenad and
endangered). Loggia=of these trees can result in soil erosion and damage to salmon
spawning streams. Unfortunately. enl.�. a anall fraction of native old-frOwth redwoods
remain.
The City eeJtrbnelY Dwchaaea severe,types of products made from trees itt tb�;tsretpetate N'
rainforest.Including redwood, for which substitute materials Wray,be iridily svailabl'e. !or
instance.the City's purchasing specifications for mulch and surveying stakes requira so-
called"clear-heart" redwood. According to the Rainforest Action Network, ninety percent of
clear-heart redwood comes from old-growth trees. The City's Own green waste program can
providt mulch and survt}'img stakes can be made from recycled plastic• steel. or other wood
products. Consistent with adopted polic; for tropical hardw•ocKis;the Cit. should also adopt
a policy on the purchase of temperate rainforest woods. including old_growth redwood.
1 THEREFORE -MOVE that(be'Dep4rtnh4nt of General Services Purchasing Ague, in
conjun don with the'Environmental Affairs Department, the Integrated Solid Waste
Management Office, the City's Sustainable attilding Task Force, and any other departments
or bureaus as appropriate, bs insirueted to report to the City Council within 60 days on the
City's current purchases of temperate rainforest woods, acceptable substitute tnorerials for
those purchases, and any cost dif erences between these products.
1 FURTHER !v1OtiE that the Environmental Affairs Department, in conjunction with the.
Department of General Services purchasing Agent,the rntagrared Solid Waste Management
OfFtea,the City's Sustainable Building Task Force, and any othar'da>pnnrnenys'or'bureaus as
apprepriate, be Instructed to concurrently prepare a policy recommendotivn relative to the
City's purchase of temperate wood products consistent width previous City Council action on
tropical hardwoods for consideration by the City Council-
Introduced Introduced by
chard City Co ncil D siri-tt
AUG 01 f997 Seventh City Council D)striit
Seconded by --
Ault Galanter, Couneilmamber
SixthCiWCouncilDistrict ry=......
t
~7 • Pi l'�� ..
62/65/98 THU 68:17 IT%/RI No $0641 11009
Sep- 15-98 01 : 44P _ P.09 a
FRf,;f4 FraC US m-ae N0. 00Z 244 0257 Fab. 05 1999 11:35AM Ps
List of Poona And I
Aitacnmonl 2
I
City Departments
Bureau of Engineering. Architectural Division, Bill HDliand and Kathy Cerrs
Inte$ratad Solid Waste Management Office, Kelly Ingalls&Mary Loquvsm
Department of Recreation and Parks
Bureau of Street Maintenance
Fire Dcpartment
Los Angeles Convention Center
Other Gaverasnastal Agencies
City of Berkeley. Virginia Vafa
City and County of San Francisco, Susan Jerich
Wood Sources, Manufacturers,and Distributors
Big Creek Lumber Company, Janet Webb(Certified Source)
Eco Timber international, Jason Grant(Certified Distributor)
Architectural Forest Enterprises(Catufied Manufacturer)
Harwood Mackenzie(Wholesale Supplier of Certified and Neneertified woods)
McClellan Mountain Ranch (Certified Source and Certified Manufacturer)
Handloagera products(Neneertifed Distributor)
Michael Evenson Natural Resources(Noncertifted Distributor)
Totten Brothers(Nonceetified Distributor)
George L. Throop Company(Noncertified Supplier)
North Pacific Lumber Company(Noncenified Supplier)
H T, Williams Lumber Company(Noneartified Supplier)
Orban Lumber Company(Noncersrficd Supplier)
q
Certification Qrganiiettlons
Forest Stewardship Council, Alan Pierce
Scientific Certification Systems. Debbie Mammall
Forest-Related (Non-Front Organisations
Rainforest Action Network,Chris Hatch& Colin Almio
Natural Resources Defense Council,Kate Heaton
Pacific Forest Trust. John Reid
Certified Forest Products Council, David Ford
I pees net imply enderseMxnt or aurcompt,rilh the conclusions of this report
a2/as/as 1811 06:27 (TS/11 NO 911041 ®009
i
Sep- 1S-98 01 : 42P
07/22i1998 :2:48 5105493UUI CWI.-MMM P.02
FROM Ceuneil..wmber Umdi Milo PRO* NO. : S18 644 6813 Jul. 23 19% It--2QI P2
CI?Y OF BERKELEY
Linda R Maio
courltxwasraaa
ccii;IS>�rr SiAir�
. . July 7, 1998
To. lioaarable Xka gad
1Ntmbm of the City Comm
Now Cow4ftembew Lioda Maio ate Dow Spring
SubjcM PURCHASINO PREMUNCE POR CBRTi81TsD SUSTAL"IABLE
WOOD AMID WOOD PRODUCf3.
That the City Comdl pan a naoMen muting a prafer+nece for go punhaie or cerdeed
suwtin>bk wood -ad wood pmdoots.
That dw Cdowd dao dbW doe Chy MOW toe
1)SOMY the feesibMW d trdopdng a 10 parosru ptmhadeg Pnetaawo Policy is wbich tha
taty woatd purchase otudlled wood amd wood products d do om is wldm 10% of the kmvu
bid snd
Z)swdy We posdWbiy of new Wng do,die City pmchsss torch adkzcd spedme of wood,
seowdMmIshwed woo4 lessor grsda of wood, ad tecycled cmteat ttoo•wood prodwo
wb nevw fndbie.
��S�4SiLB: •
G9d-powrh foams provide'a htibtui for w0dife and bird%laciudieg rook dmamed sod
a damgmd specim Only a hudee of move old-geewdt mu remsW mating the mmaiaiog
noel ant loom imemodmly bgwumt fat vistW lag wed116e that is move to them aoea.
LeSSIng In the dd pvw Owro oaadattef tlgpiss Is coaeequawas bebg do dmuwtitm of
the faM babitaR Of the 30D million MM of commercial dmberload in the Uoiw Ste m
only 22 mWica aaa m cmtfkd to be harvested in amb a w" dw the aroa is Idt as a
su%Waabb rasowoe. Palidea that lava the puwJmn a oerdfied mood and wood products
world Ahmulue a maker The ead>kd astaiaable wood produma WA eeeoump nrewbaes of
tke logging Wdaiay to have &W preodea oerdfred
ilfirria•I�tlta iWg Ja Ciioe Cmeae.tig0 id6lrtla Stxsar•ilaeiide�ciifonrea 94fof
'1Tde�Lo�e(s10)641-a3ss.Pa (ifo)tH4�03S
(,itiCA AN1lp-
Forest Certification Primer
Steve Gretzinger
Rogue Institute for Ecology and Economy (RIEE)
Ashland, Oregon
I Roots of Forest Certification
The following questions are relevant for Southern Oregon and the nation, and are what provided the impetus
for the forest certification movement over 10 years ago:
• How do we convince multiple stakeholders with different perspectives that sustainable forest management
can earn good revenues while simultaneously protecting multiple conservation values at the same time?
• How can citizens and consumers offer positive incentives to forest managers and manufacturers of wood
products to practice exemplary forestry?
• What practical educational tool can be utilized to communicate the environmental benefits of ecologically-
based forest management as a responsible land use?
III What is Forest Certification?
Forest certification is a voluntary, market-driven tool to provide consumers with an independent assessment of
forestry operations. By purchasing products derived from certified forests, consumers can demonstrate their
support for sound forestry practices worldwide. In 1990, SmartWood, a Vermont-based program of the non-
profit organization,the Rainforest Alliance, certified the first forestry operation in the world.
III How has the movement developed?
In 1992, foresters, environmentalists, and social groups held the founding meeting for the Forest Stewardship
Council (FSC) in Washington D.C. In 1993, 130 individuals met in Toronto, Canada and officially created
the FSC as an international organization to:
• accredit and monitor certifiers to ensure they conduct legitimate assessments;
• develop standards (Principles and Criteria)to form the framework of all assessments;and
• ensure valid product claims.
The FSC is an independent, non-profit, non-governmental organization, whose strength lies in a diverse 250
member-strong membership spanning the timber industry, forestry professions, environmental organizations,
indigenous groups, and certifiers from 42 countries. It is a new and evolving organization, that deals with
contemporary forest issues in a participatory, all-inclusive fashion. FSC members belong to one of three
chambers: 1) Economic 2) Environmental, and 3) Social, which are delineated by "northern" or "southern"
locations to weight votes so that no one sector or geographic region dominates the policy-making process. To
date, the FSC supervises the only internationally active, third-party, performance-based certification system
with a recognized product logo:
Forest Certification I
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• 5 organizations have been officially accredited by the FSC as certifiers.
• As of September 8, 1998, over 25 million acres of forests have been certified across the globe as being
ecologically sound, socially responsible and economically viable according to FSC Principles.
• In the U.S. alone, 114 private businesses have been certified by FSC-accredited organizations for Chain-
of-Custody(meaning that processing of certified wood results in a truly certified product).
IV. Benefits of Forest Certification
A. Improved Forest Ecosystems
Certified forestry is based on contemporary, scientifically validated approaches to ecosystem management.
As such, certified operations protect and improve forest conditions.
B. Distinctive Leadership
Innovative producers, manufacturers and users of certified forest products distinguish themselves as being
proactive leaders in finding practical and equitable solutions to environmental problems.
C. Credibility
FSC certification engages a host of stakeholders and disciplines in the development of guidelines and during
certification assessments. Independent,third party assessments are a credible means for making claims as to
one's ecological integrity.
D. Improvement
FSC Certification is a voluntary review that validates sound management decisions, supports reinvestment
into the forest,and promotes continuous improvement on-the-ground.
E. New Economic Horizons
Progressive companies are utilizing certified wood in suspended wood ceilings, plywood, dimension lumber,
wine barrels, guitars, furniture, and cabinets to differentiate themselves from global competitors and improve
local economic conditions based on a more sustainable paradigm.
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F. Education
FSC Certification educates the consumer about ecosystem-based forest management.
V. How?
Through a long, consultative process, the FSC established a set of overriding "Principles and Criteria" which
form the framework for assessments conducted by accredited certifiers around the globe. The standards are
high, yet feasible, and performance-based. The standards look at issues such as Forest Security, Long-term
Management Planning, Environmental Impacts, Sustained Yield, Community and Employee Relations,
Economic Viability and Product Optimization. Certification utilizes local experts with practical experience in
the forest type from different diseinlines and sertnrs to evaluate, the operation in light of the g1jidelines
Forest Certification 2
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Certifiers look at the results of activities on-the-ground, review planning documents and consult with
knowledgeable observers.
VII Chain-0f--Custody
To ensure that products carrying the FSC label have really come from certified forests, it is important to track
the wood throughout the manufacturing process. This tracking process is known as "chain-of-custody" and
provides a guarantee to the consumer. Separate storage facilities,batch runs, marking, inventory methods and
a transparent paper trail are all aspects of the milling, manufacturing and retail operations, that certifiers
recommend for good "Chain-of-Custody". Northwest companies that have been successfully certified for
chain-of-custody include Neil Kelly Cabinets, Columbia Plywood Corporation, Edensaw Lumber, Endura
Hardwoods, Environmental Building Supplies, and Collins Pine among others.
VIII. What has occurred locally?
• RIEE pioneering efforts
• RIEE/SmartWood linkage
• Javna House
• Building with Values Conference
• Local producers (Applegate,Green Springs, Glendale)and manufacturers (Talent, Klamath Falls)
IX. Obstacles
While demand for certified products is slowly increasing, the general public is still relatively unaware of the
existence of certification and the role that it can play in improving environmental conditions.
X. Partial Solution
Cities such as Berkeley, Los Angeles, San Francisco and Austin, have passed, or are in the process of
establishing resolutions that express preferences for the purchase of FSC-certified wood and wood products.
Generally, these have adopted a 10% purchasing preference for such woods, when available, for the
construction of public works. Some also refer to recycled wood or lesser-known species.
The City of Ashland could investigate a similar approach for all City departments, the City's Purchasing
Agent,and in City construction specifications for buildings and tenant improvements.
Forest Certification, 3
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ASHLAND CONSERVATION COMMISSION
MINUTES
July 22, 1998
CALL TO ORDER
The meeting was called to order by Kari Tuck at 7:05 p.m.at the City Council Chambers. Members present were Bruce Moats,John McCory,Russ
Chapman, Kirk Evans, Kari Tuck and Karen Amarotico. Staff present were Dick Wanderscheid and Sonja Akerman from the City,and Dan Murphy
from Ashland Sanitary&Recycling. Members Ken Hagen, Russ Otte and Ashley Henry were absent.
APPROVAL OF MINUTES-The Minutes of the June 24, 1998 meeting were approved as presented.
PUBLIC FORUM-There was no one present who wished to speak.
ASHLAND SANITARY&RECYCLING UPDATE
Murphy reported the fall schedule is as follows:he and Chapman will attend the AOR Conference in Seaside in September;curbside pickup of canned
food will be the week of September 28" to October 2n°;Recycle Products Fair October 3r0(need volunteers for judging);free leaf and grass drop off
during month of November;chipper week in mid November;and the Saturday following chipper week,the chipper will be at the transfer station. Tuck
commented citizens can donate old bikes and green bikes at the Recycle Center. Chapman added he takes food from the drop off to the ICCA office
at 144 North Second Street once or twice a month.
OLD BUSINESS
Styrofoam Ordinance Amendment-Wanderscheid briefly explained the reasoning from the June 24`"meeting which led to the Commission's decision
to ask for an exemption to the styrofoam ban regarding meat. The ordinance will be forwarded to the City Council for the August 18"meeting if
approved by the Conservation Commission. He stated a public hearing is not required, however, the Council will most likely allow public input. If
adopted, it will probably be the beginning of October before anyone will see a difference in the stores. The Commission was concerned about the
possibility of the escalation of styrofoam use and discussed various ways of monitoring this. Chapman asked if the stores could post a notice for
the first few months explaining the change. At Tappin,meat cutter for Meister's Buy Rite,mentioned after last month's meeting,he was in the news
shortly after. As a result,he said he received many positive remarks,none were negative. Wanderscheid asked him if he could report to the City after
a six month period and he answered he could. Evans said the main issue is the biodegradable factor. Since both products currently used for meat
products are non-recyclable, he would like the spirit of the result of the ordinance change to actually focus on finding recyclable alternatives.Tuck
suggested the ordinance change be in effect for a one year period with a six month review, while relying on the fact the City will be talking to the
stores and continue looking for recyclable trays.
Wanderscheid said he will take the Conservation Commission comments as he writes the staff report and it will be forwarded to the members for
their information. He will also ask the stores affected to voluntarily submit a report in six months. Evans suggested posting an By: x 11 inch placard
with an official statement explaining the change in the use of styrofoam,asking for public comment. Wanderscheid said he will work with the stores.
Moats encouraged the use of the utility bill flyer.
Chapman moved and Moats seconded to approve the ordinance as amended and forward it to the City Council. After discussion, the motion was
unanimously passed.
Water Subcommittee- Wanderscheid reported the Water Advisory Group (WAG), which includes Henry and Hagen, had its first meeting. Corollo
engineers have completed a preliminary report looking at water demand and how much water the City will need in the year 2050. This was presented
to WAG,who had two weeks to comment on the report. There will be a public process. The Conservation Commission water subcommittee did not
meet last month. Tuck commented it will be a good year to monitor the water usage because of the heat.
Green Schools Subcommittee-The committee will be meeting August 18". Murphy said a draft letter will be written to send to the schools. Tuck
informed the Commission there will be a festive/for the Creeks on August 22nd at the North Mountain Park. Included in the information available
at the festival will be green school material.
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Jefferson Monthly Article- Murphy will write the August article, Evans will have September and Amarotico will write the October article.
4'"of JUly Parade-The float and the parade were discussed. The float was Hagen's idea,it was built by Murphy and decorated by Chapman, along
with his wife and children.
Compost Class Update -Wanderscheid reported that in the two classes that have already taken place, the original 50 bins have been given away.
Each class is drawing 2025 people. Two more classes remain and 50 additional bins have been purchased for those attendees. Tuck announced
the North Mountain Park will have a compost pile which will be part of the garden display.
Paper Reouests for City's REPS-This item was deferred to the next meeting so Hagen can report.
Sustainable Ashland Video-Wanderscheid recounted the subcommittee had meet with Pete Belcastro. Belcastro submitted the first draft of a script
for the Commission to review in order to see if they were on the right track. He stated almost everything had already been shot and they have some
wonderful footage. They just need standups of Commission members before it is edited. Tuck recommended the introduction set the scene of
Ashland's focus on quality of life while maintaining its natural beauty. It was decided Commission members would submit any revisions to
Wanderscheid, who will see they get to Belcastro.
Evans said he would also like to do about four live call-in shows and would be willing to put in the extra effort
NEW BUSINESS
Motivators for Landlords to Take Part in Resource Conservation Programs-This item was deferred to the next meeting so Hagen can report.
Expense Report-Wanderscheid related the new budget for this fiscal year is $4,000. The video will cost between $2,0002,500.
Proposed Relationship with Tree Commission to Encourage the Planting of Shade Trees-This item was deferred to the next meeting so Hagen can
report. Bobbin Pearce,Tree Commission staff person,commented she is sure the Tree Commission will be excited to do a joint project if that is what
Hagen had in mind. The role of the Tree Commission is to review and comment on landscape irrigation projects for planning actions,plan activities
for Arbor Week,seek grants for tree plantings in the City,and continue to revamp the Recommended Street Tree List. She added the Tree Commission
is very supportive a "green environment".
COMMISSION ITEMS- 1)McCory stated he has seen an ASTRO employee washing gas spills down the storm drain. He subsequently complained
to the City and DEG. Wanderscheid informed him DEG has no authority over this because the quantity is too low, however, because of McCory's
complaint,the City's Code Compliance Officer,Adam Hanks,has been to the location to inform the station Ashland citizens have complained. Also,
the City has no ordinance regulating what goes into storm drains, but will be working on this as part of the Storm Water Master Plan. 2)McCory
also said he has a concern that there is no bike lane on North Mountain Avenue. Kids riding their bikes to the new park will be in a dangerous situation.
Wanderscheid said this should be addressed to the Bike Commission. Tuck stated there will be a bike route through Ashland Village Subdivision.
Wanderscheid said bike lanes may be going in when the street is widened. McCory also voiced his concern there is no bike lane at the bottom of
Tolman Creek Road,which he was informed was half county and half city. Again, Wanderscheid said it is under the purview of the Traffic Safety
Commission and Bike Commission. 4)Tuck reported as part of the North Mountain Park event, there will be a water conserving landscaping tour
which will be lead by Bobbin Pearce. A van will take citizens to four locations- Walker Elementary, a City of Ashland site, and two private sites.
There will be flyers and lists of plants available. Moats moved and Evans seconded to approve up to$100 to promote the event and secure the van
and driver. Tuck said the event will be free but the citizens will need to sign up. The motion passed unanimously. 5)Evans said society is moving
faster and not getting anywhere. He would like the Conservation Commission to draft papers periodically and distribute them to the federal and state
governments regarding Ashland's commitment to sustainability, renewable resources and conservation. This way, Ashland's voice can be heard.
Evans will draft something for the next meeting. 6)Tuck said she is trying to work with the public schools in Ashland in order to pay for a position
to have a liaison at the North Mountain Park, which is being set up to educate citizens where resources come from and where we live. She would
like all Ashland students to know where their water comes from and where it goes.
ADJOURNMENT-The meeting adjourned at 9:09 p.m.
Ashland Conservation Commission 2
Minutes
July 22, 1998
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
AUGUST 11, 1998
CALL TO ORDER
Chairman Steve Armitage called the meeting to order at 7:00 p.m. Other Commissioners present were Anna Howe,
John Fields, Marilyn Briggs, Chris Hearn, Ron Bass, and Russ Chapman. Mike Gardiner and Mike Morris were
absent. Staff present were John McLaughlin, Bill Molnar, Mark Knox, and Susan Yates.
APPROVAL OF MINUTES AND FINDINGS
Howe moved to approve the Minutes of the July 14, 1998 regular meeting. The motion was seconded and carried
with Bass abstaining as he was absent from that meeting.
Briggs moved to approve the Findings of the July 14, 1998 regular meeting. The motion was seconded and carried.
Bass abstained as he was absent from that meeting.
TYPE II PUBLIC HEARINGS
PLANNING ACTION 97-072
REQUEST FOR A CONDITIONAL USE PERMIT AND SITE REVIEW FOR THE ALTERNATION/EXPANSION OF
AN EXISTING NON-CONFORMING USE -AUTOMOBILE FUEL SALES.
440 EAST MAIN STREET
APPLICANT: STEVE MORASCH
Site Visits and Ex Parte Contacts
All Commissioners had a site visit. Bass made a gas purchase.
STAFF REPORT
McLaughlin said about a year ago the applicants filed the request to modify the gas station as part of their upgrading
of the site connected with replacement of the tanks. Just prior to the hearing, the applicant requested a continuance
in order to address issues raised by Staff. Staff now believes many of the issues have been addressed satisfactorily.
One of the main issues has been re-activation or enlargement of the non-conforming use. The applicants have
modified the proposal to where they are maintaining the same number of pumps or reducing the number. There is no
increase in the intensity of use on the site beyond what is actively being used today in the one island.
Several issues were raised about design features with the canopies. The applicants have proposed a canopy design
with a pitched roof with hip ends„ trying to reduce the mass of the structure, replicating some of the features seen
nearby on the edge of the downtown in some of the residential areas. Staff feels this design is much more
compatible and in scale with the small site and appropriate for the downtown area.
The Tree Commission has reviewed and approved the improved landscaping plan.
Other items discussed in the Staff Report are the improvement of the sidewalk around the perimeter of the project.,
modification of the employee parking space to increase some landscaping, and perhaps the consolidation of the drive
approaches on the East Main side.
ASHLAND PLANNING COMMISSION 1
REGULAR MEETING
MINUTES
AUGUST 17,1998
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Staffs main concern is with traffic impact. McLaughlin showed an overhead of the existing traffic patterns and
proposed patterns. The access would be either from Lithia Way or East Main and exit out onto the opposite street.
This is a significant change from the pattern that is occurring today. As noted in the traffic study, most gas station
trips are associated with another trip on the way to one's destination. For example, one would enter from Lithia Way
and exit onto East Main Street and loop around. This would cause the circulation pattern to use existing intersections
which are somewhat confusing and stacking can be a problem with new turning movements, and new exiting and
entrance movements. Staff believes there is not adequate information in the record to make a finding of adequate
transportation.
McLaughlin said the gas sign prices will be a replacement of the existing sign.
Consolidation of the driveway will not affect the traffic impacts but will move the driveway away from the crosswalk
area and should be safer for pedestrians.
Armitage said the traffic study done by a professional firm states there is"no problem'with traffic impacts. What
does Staff want to see? McLaughlin said there is no discussion as to the number of trips or turning movements that
may be entering or exiting the site. There are no assumptions made as to the split of traffic that may happen. From
that point, there should be discussion about the movements coming in and what is the capability of the intersection to
handle that number of new movements. Will conflicts occur by increasing the number of cars entering on the East
Main side between existing traffic movements? There has to be a level of comfort that what is being proposed is
going to work and at this point, Staff is not convinced that what is being proposed will work.
PUBLIC HEARING
JAC NICKELS, Architect, Architectural Design Works, 1105 Siskiyou Blvd.
DAVID C. CRAM, Senior Engineering Technician, Lancaster Engineering, 800 N. W. Sixth Avenue, Portland, OR
97209 said the purpose of doing the GAP study is to find out if there are adequate holes in the traffic for people to
make traffic maneuvers. During Cram's observations, he witnessed large gaps in traffic, allowing cars to make turns
in any direction they wish. He found that half the traffic enters from East Main and half from Lithia Way. People tend
to exit in the direction in which they are traveling and his guess would be 50/50. There is adequate room for a car to
make a U-turn on the site. Presently, cars are lining up onto Lithia Way to get gas. There will be more room under
the proposal for cars to line up at the pumps.
Hearn mentioned that if someone is exiting the station and they wish to travel south on Siskiyou Boulevard, it will
require crossing two lanes and this would be an illegal movement. Cram said this is occurring already from Third
and Gresham. McLaughlin said the Police Department has said crossing from Gresham and Third across two lanes
are illegal moves, however, they do not ticket there because of the configuration.
Nickels showed slides of the landscaping and design. The existing flower shop building will remain with no changes.
The employee parking space will be removed. The sidewalks will be replaced around the perimeter. He is
concerned about consolidation of the driveways because the tankers need a way to get into the lot. The trash bin will
be relocated to an alcove in the building. There will be lighting under the canopy pointing downward. There will be
metal posts, not wood. The height of the canopy will be 14', 6". This is an opportunity to improve the site.
Briggs would find one driveway on each side would be suitable. Nickels said they will consider that to make sure it
will work.
Armitage asked the applicants if they feel they have adequately addressed the concerns expressed about traffic or is
there more they can do to alleviate the concern and still have the design they want. Cram tried to find a specific
scope of work to come up with a black and white answer. Cram met McLaughlin on the site and they discussed the
Vcirculation. He observed and measured and thought he had addressed the issues. This is such an unusual site with
VASHLAND PLANNING COMMISSION 2
REGULAR MEETING
MINUTES
AUGUST 11, 1998
an already established traffic pattern and they cannot base future traffic patterns on the existing patterns.
Staff Response
McLaughlin said it is a matter of changing 20 percent of the traffic exiting onto East Main Street and increasing it to
50 percent. Is that increase going to work? Cram is saying there is an opportunity for cars to slip into traffic. Staffs
concern is that it is still an unknown and they are cautious about experimenting with a re-design. If anything lessens
Staffs concerns, it is not increasing the number of fueling stations. It is an awkward situation with so many turning
movements already and will this just add to the problem? Will the intersection still work? Cram indicates there is
adequate capacity to allow for this new pattern.
Howe is interested in the idea that the number of pumps has been reduced. Two pumps look like the existing four
pumps and an additional pump that has two more spaces(one on each side). It has gone from four spaces to six
spaces even though the number of pumps have been reduced.
Howe noted this is a non-conforming use and the Downtown Plan discourages automobile use. McLaughlin said the
reason non-conforming uses are in the code is to try and get rid of them. The Conditional Use Permit process gives
the City discretion to allow for the change to occur or not. If the Commission does not believe it is appropriate to the
nonconforming use to continue, then the change can be denied. Astro is committed to remain on the site; the use
will not likely disappear. Hearn said this site has been tainted by underground tanks and who is going to touch it but
another gas station. And, if allowed to stay the way it is, it is just going to lapse slowly into a state of disrepair and
become an eyesore.
Rebuttal
John Phimister, ASTRO, 2929 N. W. 29th, Portland, OR 97210, said the station will be staying whether or not the re-
design is approved. The station was designed around the tanker truck and they would prefer the two driveways off
East Main. They are willing to re-evaluate one driveway. A maximum of four cars can be waited on at any one time
with four dispensing points. There will be a diesel island too.
COMMISSIONERS' DISCUSSION AND MOTION
Hearn moved to approve with the Conditions attached and suggested by Staff. Chapman seconded the motion.
Howe believes this is an intensification to the property with six dispensers rather than four. There will be an increase
in traffic onto an intersection with already existing problems. There will more cars on Third Street and more at the
turn by the Fire Dept. The library is concerned about more traffic. This is the wrong place for a gas station and the
ordinance is correct in stating this is the kind of car related use that should be discouraged. She believes with a
different design the whole area could work with keeping the cars on Lithia Way with a potential to have access vis
East Main.
Briggs initially agreed with Howe's assessment, but the gas station is so unattractive and since they plan to stay for
30 years, she is willing to take the leap of faith about the traffic and have the upgrade, making a better visual impact.
Chapman believes if there was going to be significant traffic impacts, the Commission would have heard from the
Fire Chief. There is a new bus route starting along East Main and he is optimistic that some traffic may be reduced
with the bus route. This is a marvelous opportunity to get this corner cleaned up.
Hearn believes the plan is good and there are traffic concerns but he does not believe there will be an overwhelming
number of cars going in and out of the station.
Bass thinks the traffic situation is bad but the City and ODOT are not doing all they can do to improve the situation.
ASHLAND PLANNING COMMISSION S
REGULAR MEETING
MINUTES
AUGUST 11,1998
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There are so many things that could be done to improve it that have nothing to do with the application. The minor
changes in traffic projections will make the transportation inadequate.
Fields is willing to accept the gas station use. Establishments are being chased out of the downtown that are being
used all the time. It will be better with the traffic entering at 90 degrees. We are asking the applicant to establish
adequate transportation but we have no criteria for that. He suggested a right turn only from Gresham and a left turn
only out of the gas station. He would like to see the width of the single opening no greater than the two openings
together(less than would be better).
McLaughlin said the site plan does not indicate trash facilities so a Condition refers to the trash facilities which will
include recycling facilities and enclosed as proposed by the applicant with the design to be approved by the Staff
Advisor and the Fire Department.
In addition, the perimeter sidewalk will be eight feet in width.
The height of the canopy (14'6") is acceptable.
The motion carried with Howe voting "no".
PLANNING ACTION 98-001
REQUEST FOR OUTLINEIFINAL PLAN APPROVAL MODIFICATION OF PHASE II OF ROCA CANYON
SUBDIVISION LOCATED ON ROCA STREET, LEAVING 1.25 ACRES IN OPEN SPACE AND PROVIDE TWO
BUILDING LOTS. PROPOSAL ALSO INCLUDES A REQUEST FOR A DRIVEWAY WIDTH AND GRADE
VARIANCE AND A PHYSICAL CONSTRAINTS PERMIT FOR THE INSTALLATION OF A PEDESTRIAN
CROSSING OVER ROCA CREEK.
APPLICANT: CHARLIE HAMILTON
Site Visits and Ex Parte Contacts
Site Visits were made by all. Howe noted Hamilton has been her real estate agent for six years.
STAFF REPORT
Knox showed an overhead of the original Roca Creek proposal and the new configuration decreasing the lots in
Phase II from nine lots to three lots. Only two of the three lots will be buildable. Lot 1 will be accessed off Prospect
Street and Lot 2 will be accessed off the west side of Prospect Street. Lot 3 is proposed as open space. The
majority of the property owners in Phase I have agreed to purchase the open space. Lot 2 is fairly small but meets
the zoning requirements. With regard to the driveway to Lot 1, the requirement is for a 15 percent grade and the
general slope is about 24 percent. The applicant is proposing a meandering driveway which will allow it to get to 18
percent. There will be a loss of about 2-3 scrub oak trees.
There have been letters from surrounding property owners asking that certain conditions be applied to the lots such
as deed restrictions and maintenance of the open area. The applicant has no problem with the changes presented
by Knox. Staff supports the proposal with the attached 17 Conditions.
The proposed path is to be located in the right-of-way.
PUBLIC HEARING
CHARLIE HAMILTON, 2277 Suncrest Road, said some homeowners from Phase I approached him and they came
up with the proposal for the modification. The homeowners want to preserve their privacy and they are willing to pay
for that. Lot 2 will be accessed off the intersection at Roca/Prospect. There are no substantial trees on the property.
ASHLAND PLANNING COMMISSION 4
REGULAR MEETING
MINUTES
AUGUST 11,1998
The existing homeowners had a problem with installation of a pedestrian pathway. That has been removed from the
application, however, they are providing the easement to make the overall connection. It was too much of a financial
burden for the homeowners to do the installation. At some time in the future when the City installs a pathway, there
will be an easement provided. There will be deed restrictions on all three parcels not allowing further division of
property. There is a public pedestrian easement installed with Phase I but there will be no installed pathway through
the dedicated easement.
Fields wondered if a conservation easement was included. Hamilton said the homeowners wish to irrigate, plant
trees and create a buffer zone. Further restrictions could be difficult but they are paying for it. No buildings and no
dwellings are clearly their intention but beyond that he is not certain.
Howe is concerned that it will be uncomfortable for the City to exercise their easement rights as the home owners get
used to the area being "their"open space. Is there a way to make it clearer? McLaughlin said this can be done
through a deed restriction.
COMMISSIONERS' DISCUSSION AND MOTION
Bass moved to approve PA98-001 with the revised Conditions. Howe seconded the motion and it was unanimously
approved.
PLANNING ACTION 98-075
REQUEST FOR A SITE REVIEW AND LANDSCAPING COVERAGE VARIANCE FOR THE CONSTRUCTION OF A
TWO-STORY OFFICE/COMMERCIAL RESIDENTIAL BUILDING. ALSO INCLUDES A VARIANCE TO THE OFF-
STREET PARKING SECTIN OF THE LAND USE ORDINANCE ALLOWING FOR A REDUCTION IN THE TOTAL
NUMBER OF PARKING SPACES (SIX RATHER THAN EIGHT)AND A STACKED PARKING CONFIGURATION
541 A STREET
APPLICANT: MARK AND REBECCA REITINGER
Site Vists and Ex Parte Contacts
Site visits were made by all Commissioners.
STAFF REPORT
The lot is 25 feet in width and 120 feet in depth, typical of the lots platted around the turn of the century. The existing
building was constructed in 1905. It is significant as it is considered the sole pre-1910 framed commercial building
left in the area. In the recent Railroad District nomination conducted by George Kramer, the evaluation upgraded the
building from secondary to primary, noting the significance as a framed structure.
The applicants wish to demolish the existing building and construct a new two-story structure with a partial third Floor.
The first Floor is designated as office space, the second floor primarily office space with a living room kitchen, and the
third floor the bedroom, library, bath.
At the beginning of the review of this project, the City was in the process of developing the Downtown Design
Standards. There was consideration that the standards applied to the downtown might be considered to be applied
to the Fourth Street commercial area. The applicants have been willing to incorporate many of the elements found in
the Downtown Design Standards. The design was reviewed by the Historic Commission and overall they favored the
building design.
With regard to the Variance, the applicants are asking for six spaces (instead of the required eight), three of which
are in a stacked configuration. The request is based on the historic development pattern in the Railroad District, the
fact the lot is 25 feet in width with alley access. It appears only three spaces could be added on site. The concern is
ASHLAND PLANNING COMMISSION 5
REGULAR MEETING
MINUTES
AUGUST 11, 1998
i
not so much patrons parking but long-term parking using up valuable on-street parking. The applicants got a waiver
from the State to allow for a disabled space to be provided on Fourth Street at curbside. Parking demand has risen
due to increased development in the area. Staffs primary concern is that the application, as proposed, does not put
considerable impact on the parking demand.
Molnar explained there is an existing demand on the area by the pottery studio (next door)that is not being met by
on-site parking. So by examining the parking, the Commission should evaluate the net impact of tonight's proposal.
The issues surrounding the landscape Variance arise from some of the same constraints--narrow lot width--and there
is not an expectation to have side landscaped or front landscaped yard. The applicant has proposed installing street
trees in the sidewalks with root barriers, introduce grass pavers on the parking site on the back, and entertain the
idea of adding rooftop gardens for the residential areas. The option they are proposing is consistent with the 15
percent requirement.
Molnar noted the City Council has to give approval to demolish the existing structure. The Historic Commission
evaluated and recommended approval of removal of the structure. There was discussion requesting tying the
ultimate demolition or removal to a site review approval.
Chapman asked for clarification of the Historic Commission minutes with regard to the parking variance. Molnar said
they were not supportive of the parking variance.
PUBLIC HEARING
MARK and BECKY REITENGER, 1998 Tolman Creek Road. Becky explained they wish to develop a space for their
office in the Railroad District. They are desiring second floor office space. She said there are only eight commercial
and residential 25 foot wide lots in the area. The existing building has open spaces on each side of the building.
They will phlange the building so it will look building to building. They plan to dismantle the building and use as many
products from the building as possible. The site drops from six feet from the front to the back, creating an ideal
condition for a split level rear apartment. The rooftop garden would be a way to add greenery.
Since the handicap space was going to take the most space, they decided to move it off-site. Decreasing the building
size will not increase the parking area available because the parking cannot be turned lengthwise. They thought by
providing stacked parking, that would alleviate the long-term parking issue on A and Fourth. Their employees could
use this parking. The high school has stacked parking that does not appear to be a problem. By using underground
parking, it will not have a big parking lot look. There will lots of bike parking.
Decreasing the building size would not increase the landscaping.
Becky said this is a unique lot. She understood the Historic Commission did not want to recommend approval of the
parking variance, however, she asked that it be looked at and they would defer to the Planning Commission.
JIM LEWIS, 640 A Street, stated he is a member of the Historic Commission but he did not attend the meeting at
which time this action was discussed. He has watched the Railroad Subdivision develop across the street, creating
quite a parking and traffic impact. Most of the buildings were developed under the existing parking ordinances with
no variances. It seems if the Variance is given this will change the ground rules for future development. As a Historic
Commission member, there could be a negative impact on the existing buildings in the area. Owners will want to
increase the density of the properties. He would hope the Variance would be used more as a tool to keep existing
properties as opposed to giving it up and losing the building and the Variance.
Armitage read comments from GARY POWELL, 562 A Street, regarding parking concerns.
�I JEROME WHITE, 253 Third Street, stated he is part owner at 545 A Street located across the street. He is opposed
�I ASHLAND PLANNING COMMISSION 6
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AUGUST 11,1998
to the project because the applicant cannot provide evidence to support 18.100.020(D). He feels the circumstances
have been willfully and purposely self-imposed by the type of design, square footage and parking needs chosen by
the applicant. The photo shown of his building by the applicant had only one car parked in front. The first floor front
space of this building is vacant. They also have tenants from the next door building that use their parking. It is not
currently a problem but when their first floor space becomes occupied, it could become a problem. There is future
development on A Street that will impact the parking. He does not believe stacked parking works. The applicant has
constraints on the parking and why should an exception be granted and what does mean for future applications?
White also believes the negative impacts on the adjacent uses will be greater than the benefits.
DOYLE BRIGHTENBURG, 350 Phelps Street, stated he is part owner of the building across the street. He is a
building designer and has had input on several buildings on A Street and is familiar with some of the problems that
have arisen on A Street. He commended the design of the building. He has a problem with the parking, especially
the stacked parking and the Variance. He does not believe the stacked parking will be used. He is concerned
employees will park on the street. The street in the photo looked vacant, partly because there is no occupant in part
of their building. Brightenburg has used parking bays and feels there are other creative mechanisms to add parking.
He opposes the application.
Hearn moved to continue the hearing until 10:30 p.m. Briggs seconded and everyone approved.
GEORGE KRAMER, 386 North Laurel Street, stated he opposes the proposal. On June 1, 1998, the Planning
Commission and Historic Commission submitted a letter to the City Council supporting the Ashland Railroad Addition
Historic District. The letter stated this would serve as an aid to preserving its unique character and encouraging
appropriate restoration of the District's structures. Last week the Historic Commission voted to deny the parking
Variance and he would urge the Planning Commission to do the same.
The building is a 1905 structure located in the middle of the primary contributing area of significance. It retains
sufficient integrity that it clearly looks like a 1905 structure. The applicant states it is a vernacular building with no
outstanding architectural features; that is the definition of vernacular. Of 267 contributing properties in the document,
185 were identified as a vernacular architecture. Buildings such as this are restored all the time. This is one of the
few slot commercial buildings left.
Kramer said under 18.92.055 encourages preserving historic structures. If the Commission allows others to use this
Variance request as part of a demolition action, they will be taking away one of the best incentives they have to
preserve the historic and residential buildings of the Railroad District. By approving the Variance, the Commission
would set a precedent that is a threat to the continuing development of the Railroad District.
Staff Response
Molnar said though Staff has concerns about precedent setting, each application is decided on its own merits. Past
decisions do not bind the Commission to future decisions. White mentioned the application failed to meet Criterion 3
(willfully or purposely self-imposed0. Staff has interpreted this (based on Oregon case law and LUBA decisions) as a
modifier for Criterion 1 (unique or unusual circumstances). The key word is circumstances which apply to physical
aspects of the site. If there is a narrow lot configuration, it was not the fault of the applicant. Generally, requesting a
larger building than what is necessary to meet the parking requirements has not been considered self-imposition or
applied that way. It has been used to modify Criteria 1.
The Staff Report has focused primarily on Criteria 2 (benefits outweigh the negative impacts). Does the benefit of a
good urban infill project outweigh the potential unforseen problems in placing more than its fair share of parking
demand?
McLaughlin said the Commission should ask: Is there unique or unusual circumstances to this site? The applicants
say the 25 foot lot along A Street in the Railroad Street is unique and not typically found elsewhere for doing
ASHLAND PLANNING COMMISSION 7
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p commercial development. Is this an unusual circumstance that will be restricted? If the Commission does not
believe it is unique, then the application fails. The nature of the Variance can be large or small which gets weighed
against Criteria 2 . If the Variance request is too large, the negatives outweigh the positive and it is denied. By
requesting a Variance, it is not a self-imposed condition.
Fields thinks there is just too much building and he does not see how to enter the rear of the building because one
has to work his way between cars. He does not see landscaping Variance as a problem.
Rebuttal
Becky said the unique and unusual circumstance is the 25 foot wide lot. The VFW building next door is the only other
one they can find. They cannot turn the parking to provide more. They could post signs in the rear to control parking.
They are very aware of the,historic nature of the building and looked at renovating but she is not sure what they
would be saving.
COMMISSIONERS' DISCUSSION AND MOTION
Fields moved to deny Planning Action 98-075. Chapman seconded the motion.
Hearn moved to continue the meeting until 11:00 p.m. Howe seconded the motion and everyone approved.
Fields does not believe there is anything unique or unusual. The lot is small and is being overbuilt.
Howe agrees the 25 foot wide lot is questionable about its uniqueness. Her concern is the whole idea of the Historic
District. This is a very attractive building that is proposed but the Commission is voting on putting a Disneyland
building in the Historic District because what is there does not look as good as modern re-creations. Criteria 2 is of
concern because it affects the immediate area.
Bass said the size of the lot and the size of the building is a problem on every application the Commission deals with.
When the applicants choose to build a building of a certain size, it seems willfully self-imposed. If approved, it will
encourage applicants to come in with larger projects than what would be allowed. Bass would be interested in seeing
Nolte's interpretation of the ordinance.
McLaughlin reiterated that asking for a Variance does not make it self-imposed.
Hearn said the unusual circumstance is the skinny lot, but if it were not two-stories high and the square footage were
reduced, it would not need as much parking.
The Commission was in agreement that the landscaping Variance is acceptable. The demolition is the City Council's
job to review. The problem is with the parking Variance.
Armitage asked if the applicant wished to have a continuance. The Reitenger's agreed to a 60 day extension to the
120 rule. Howe moved to continue PA 98-075, Briggs seconded the motion and everyone approved.
ADJOURNMENT
The meeting was adjourned at 10:50 p.m.
i,
ASHLAND PLANNING COMMISSION 8
REGULAR MEETING
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AUGUST 11,1998
ASHLAND PLANNING COMMISSION
HEARINGS BOARD
AUGUST 11, 1998
MINUTES
CALL TO ORDER
The meeting was called to order at 1:30 by Ron Bass. Other Commissioners present were Marilyn Briggs and Russ
Chapman. There were no absent members. Staff present were Bill Molnar, Mark Knox,Maria Harris and Susan
Yates.
APPROVAL OF MINUTES AND FINDINGS
Briggs moved to approve the Minutes of the July 14, 1998 meeting as corrected. Planning Action 98-056,251 E.
Hersey Street,(page 6)clarify the parking spaces--the three spaces have to actually exist. They cannot be phantom
spaces. Chapman seconded the motion and they were approved.
Briggs moved to approve the Findings for PA98-046 Chapman seconded the motion and they were approved.
TYPE II PLANNING ACTIONS
PLANNING ACTION 98-041
REQUEST FOR MODIFICATION OF OUTLINE PLAN,INVOLVING A DECREASE IN THE TOTAL
AREA IDENTIFIED AS OPEN SPACE,AND FINAL PLAN APPROVAL FOR A FIVE-LOT
SUBDIVISION UNDER THE PERFORMANCE STANDARDS OPTION LOCATED NEAR THE
GRANITE STREET
APPLICANT: ROB CAIN
Site Visits and Ex Parte Contacts- Site visits were made by all.
STAFF REPORT
The applicant received approval for Outline Plan in September of 1997. Today,they are seeing Final Plan approval
which is generally administrative, however this was called up for a public hearing. Testimony is limited to Final
Plan criteria contained in the packet.
The pedestrian trail was originally located between Lots A and B but the applicant is requesting the trail be modified
to be moved up the north side of the property leading to the TID ditch. Staff does not see a conflict or a
modification over ten percent. The open space is in a natural area and it is difficult to see where it starts and stops.
The reason for the change was to increase the area to be reclaimed in the quarry site.
There is a letter from Rob Cain discussing his desire to remove the requirement for a public pedestrian easement up
to the irrigation ditch. Other letters expressing similar concerns have been submitted by neighbors. Staffs position
after discussing with the City Attorney, feel this would be a change in condition but there has been no formal
request made by Cain. If the applicant desires to remove that condition they can request the proceeding be
continued before the full Commission,or the applicant can request the Hearings Board make a decision on the
application before them and at a later date he can choose to file an application to remove the condition. In the bigger
picture, Staff would be opposed to any removal of the pedestrian easement either up to the ditch or along the TID
ditch because in the 1990's the Council and community adopted an open space plan as part of the Comprehensive
Plan and both trails are noted on the plan. If there are concerns about the plan,the issue should be brought before
the City Council for amendment.
Staff has recommended approval of Final Plan with the attached 15 conditions. The Hearings Board cannot make
adecision to remove the pedestrian path as no formal request was made.
Briggs asked for on-site materials to control erosion in case of an untimely rain. This would happen before the road
and the buttressing are in place during construction(this could include sand bags,concrete,hay bales,etc.). Molnar
said such a condition can be added.
PUBLIC HEARING
TOM GIORDANO, 157 Mominglight Drive and MARK AMRHEIN,Geotechnical Engineer testified.
Giordano said the lowest bid for the reclamation has come in at$750,000. The applicant is still willing to undertake
this even with the cost. Two-thirds of the site is in open space which will be donated to the City as open space. The
path has been relocated in order to take advantage of the natural topography of the site. It will be an easier path to
go up--it won't be a path with all stairs. The applicant is willing to do a path, but when he found out the neighbors
did not want a path, he wanted to go along with the neighbors. Giordano would prefer to be granted approval for
the application before the Board and ask for removal of the path at a later date.
Amrhein said money has been set aside to take care of the temporary construction erosion control measures. Briggs
asked if sandbags and hay bales would be available on site and Amrhein affirmed. Molnar said a Condition 16 can
be added.
DICK MASTAIN,227 Granite Street,said it pleases him to know granite quarry will look better.
BECKY LINDGREN,representing her mother,grandmother&children, said she is concerned about the walkway
and privacy. She is concerned about trespassers on her private property and privacy. She would prefer the path be
located between Lots A and B. Parking will be lost at the granite pit and by putting in a path,parking and privacy
have not been provided. If the walkway goes in,she would like to see it fenced and marked. The public needs to
know where the public property ends.
Bass said three letters have been submitted: Beth Mixon,Joe and Jean Collogne,Bruce Roberts,all expressing
concern about the public accessway. The letters were read aloud.
Rebuttal
Giordano said his client is not opposed to eliminating the pathway. He would like the Hearings Board to approve
the project. He said the applicant could provide a fence along the north property line which would be visible from
the property to the north.
LINDGREN said she would want the whole area fenced that is for public use.
Girodano said the City will have to decide whether to fence the upper portion that will be dedicated to them.
Briggs asked if Giordano is willing to have a Condition to fence between the neighbors to the north and as far as it
goes where it belongs to the City. Giordano could agree if the purpose is to screen the view from the property to the
north.
COMMISSIONERS' DISCUSSION AND MOTION
Chapman would like to approve and have the applicant come back if he wants to make a change. Bass has a
problem even suggesting the applicant ask for reconsideration of the path at a later date since part of the package is
the path and should be accepted as such. He also commented that the public access is more needed that ever
because it is City property connecting other City property. If public access is not provided now, it will never come
up in the future.
Chapman moved to approve 98-041 with the added Condition regarding construction precautions as stated above.
Briggs seconded and the motion carried unanimously.
II
ASHLAND PLANNING COMMISSION 2
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AUGUST 11,1998
PLANNING ACTION 98-077
REQUEST FOR A SITE REVIEW FOR THE CONSTRUCTION OF A MAINTENANCE FACILITY
LOCATED AT OAK KNOLL GOLF COURSE.
APPLICANT: ASHLAND PARKS AND RECREATION DEPARTMENT
Site Visits and Ex Parte Contacts-Site visits were made by all.
STAFF REPORT
This application involves the construction of a new maintenance facility and carport. Access to the proeprty will be
off the existing access road and a driveway off the rear. Generally the two buildings are of fairly low stature,metal
sided with metal roofs. This was initially presented as one long building but has now been broken into two
buildings with the narrower frontages of the buildings towards Highway 66. The proposed shop has been
redesigned to have an "L"to it so the parking and driveways are located behind the building. The materials have
changed so a front porch and entrance have been added facing Hwy.66 with brick columns and brick veneer. The
landscaping plan was reviewed by the Tree Commission and their recommendations forwarded.
Normally this would be an administrative approval, but because of the size of the structures, Staff felt it important to
have a public hearing. Staff has recommended approval with the attached eight Conditions. There are two
corrections needed in the Staff Report. The veneer base around the building is around three feet high at the base of
the buildings and the columns are roughly two feet in width(not five feet).
Briggs objects to any civic building that is metal; it is a throw away building. There is no access from the porch to
the street. The applicant is doing all this "gussying up"to have a throw away building. Molnar said it is being
reviewed in the context of the Site Review Chapter.
Bass wondered why the City is building a building that is not of top quality design.
PUBLIC HEARING
KEN MICKELSON, Director of Ashland Parks and Recreation Department and DONN TODT,Department
Horticulturist, Ashland Parks Department testified.
Mickelson said they are proposing to build the driving range where the present building is located. Cost is a factor
for building a metal building. This is a maintenance facility. They are trying to build an attractive building by
going beyond the basic requirements and still accommodate the City's needs. This building will be de-emphasizing
the facility at Lithia Park. They believe with the landscaping and screening,this will be a very attractive entrance to
the golf course.
Todt said with this being the maintenance headquarters,this should take a lot of traffic away from Lithia Park.
JOE TOBIASSEN,231 Van Ness,spoke with a neighbor and read a letter into the record from that neighbor,
Richard Hutson,2950 Wedgewood Lane.
Tobiassen's parents live in Oak Knoll and he is concerned with the lack of aesthetics already there: chain link
fence,antennas,welding and grinding. This is not good for a golf course. Maybe it would be more conducive for
the City to keep the maintenance facility where it is and it could be modified beautifully and located away from the
main highway. He does not want 25 foot netserected.
CHRIS SKREPETOS,4424 Highway 66,said he travels the road to and from the city daily. Over the years, it has
felt nice to look at open space. He understands the noticing is within 200 foot area,but if Hutson has not been
noticed,the hearing should be continued. He is concerned with the netting and wondered how the Commissioners
would like to have nets in front of their homes. Could the netting be minimized? He wondered why this will be
located at the entrance to the golf course.
ASHLAND PLANNING COMMISSION 3
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AUGUST 11,1998
P
TOM KENNEDY,209 Crowson Road, said it is a State Highway. There are many metal buildings surrounding the
golf course. He does not believe this is beneficial to the real estate in Ashland as the metal is not compatible with
j. the surrounding homes.
Rebuttal
Mickelson said there will not be netting on this facility at all. There willbe a green chain link fence with screening.
COMMISSIONERS' DISCUSSION AND MOTION
Briggs said it appears the building complies with the ordinances. Bass believes it meets the criteria but believes
some further design standards should be needed for public buildings. Briggs and Bass would like to discuss public
buildings at a Study Session. Chapman moved to approve, Briggs seconded and the motion carried.
PLANNING ACTION 98-070
REQUEST FOR SITE REVIEW FOR THE CONSTRUCTION OF A 9775 SQUARE FOOT MEDICAL
OFFICE BUILDING. ALSO INCLUDES A VARIANCE TO THE OFF-STREET PARKING SECTION OF
THE LAND USE ORDINANCE TO ALLOW FOR A STACKED PARKING CONFIGURATION.
595 NORTH MAIN STREET.
APPLICANT: ASHLAND COMMUNITY HOSPITAL FOUNDATION
Site Visits and Ex Parte Contacts- Site visits were made by all.
STAFF REPORT
Staff is pleased with design. The one vehicular access to the property from North Main will be slightly widened.
They wanted to obscure the parking without making a fortress design. A structured trellis has been incorporated
into bike parking. The applicants think they will be able to put the mechanical equipment in the middle of the hip
roof instead of on the back of the building.
The application notes some unusual characteristics of the site, necessitating the request for a Variance. Staff
believes this is a very linear site with steep banks which makes it difficult to provide two circulation aisles. The
applicant is providing an excess in parking and they are requesting approval. If there is a small spillover,there is a
curb area that could handle the extra parking. Staff is not too concerned with the overflow parking. Staff
recommends approval with ten Conditions. Condition I t will include the recommendations from the Historic
Commission . Add Condition 12 that a sign permit be obtained.
PUBLIC HEARING
PAT FLANNERY,280 Maple Street, Director of Ashland Hospital Foundation.
BRUCE ABELOE, 827 Alder Creek Drive, Medford,architect,explained how the mechanical equipment can be
hidden. They have downplayed the parking lot entrance. They have made revisions according the Historic
Commission's recommendations to the north elevation. They have been working with Nancy Tuggle on
landscaping. Also,they will plan to use plastic trash cans.The driveway approach has been narrowed.
TOM KENNEDY,209 Crowson Road,Treasurer for Ashland Hospital Foundation Board. favors the application.
More facilities are needed for physicians.
Bass read NANCY TUGGLE's comments,639 North Main Street into the record.
COMMISSIONERS' DISCUSSION AND MOTION
Briggs likes the way the stacked parking will be used.
Briggs moved to approve PA98-070 with the attached Conditions and added Conditions I I and 12. The motion was
ASHLAND PLANNING COMMISSION 4
HEARINGS BOARD
MINUTES
AUGUST 11,1998
seconded and carried.
TYPE 1 PLANNING ACTIONS
PLANNING ACTION 98-065 .
REQUEST FOR A CONDITIONAL USE PERMIT FOR THE EXPANSION OF A TRAVELER'S
ACCOMMODATION FROM TWO UNITS TO THREE UNITS
868 A STREET
APPLICANT: BETTY CAMNER
This action was approved.
PLANNING ACTION 98-066
REQUEST FOR FINAL PLAN APPROVAL UNDER THE PERFORMANCE STANDARDS OPTION FOR
A 49-UNIT MIXED DENSITY RESIDENTIAL DEVELOPMENT
WILLIAMSON WAY AND HERSEY STREET
APPLICANT: DOUG NEUMAN/MIKE MAHAR
This action was approved.
PLANNING ACTION 98-067
REQUEST FOR A SITE REVIEW AND CONDITIONAL USE PERMIT TO CONSTRUCT A 3466
SQUARE FOOT WAREHOUSE
415 WILLIAMSON WAY
APPLICANT: ACME WEST/JOAN TAYLOR
This action was approved.
PLANNING ACTION 98-068
REQUEST FOR A SITE REVIEW TO CONSTRUCT A 4000 SQUARE FOOT SINGLE STORY MEDICAL
OFFICE BUILDING TO BE LOCATED AT THE SOUTHEAST CORNER OF WILLIAMSON WAY AND
HERSEY STREET.
APPLICANT: THERAPEUTIC INVESTMENTS, LLC
This action was approved.
PLANNING ACTION 98-069
REQUEST FOR A CONDITIONAL USE PERMIT AND SITE REVIEW FOR THE EXPANSION OF AN
EXISTING SECOND FLOOR HOTEL/GROUP DORMITORY USE
437 WILLIAMSON WAY
APPLICANT: MIKE BROOMFIELD
This action was approved.
PLANNING ACTION 98-071
REQUEST FOR A SITE REVIEW FOR PARKING LOT EXPANSION
1400 SISKIYOU BOULEVARD&500 S. MOUNTAIN AVENUE
APPLICANT: SOUTHERN OREGON UNIVERSITY
Harris added the Condition that 18 bicycle parking spaces(with 9 sheltered)shall be installed.
This action was approved.
Bass has trouble with demolition of the existing housing. Bob Taber submitted a letter that will be put in the file.
ASHLAND PLANNING COMMISSION 5
HEARINGS BOARD
MINUTES
AUGUST 11,1998
I `
PLANNING ACTION 98-072
REQUEST FOR A SITE REVIEW TO CONSTRUCT AN APPROXIMATELY 8274 SQUARE FOOT
SINGLE STORY BUILDING TO HOUSE A MEETING SPACE AND OFFICE/RETAILS SPACE
545 CLOVER LANE
APPLICANT: ED BEMIS/ALLEN SANDLER
This action was approved.
PLANNING ACTION 98-073
REQUEST FOR A CONDITIONAL USE PERMIT AND SITE RVIEW TO CONSTRUCT 16 APARTMENT
UNITS OF OLD MILL VILLAGE(PHASE 111) LOCATED ON WIGHTMAN STREET BETWEEN EAST
MAIN AND QUINCY STREETS.
APPLICANT: SOUTHERN OREGON UNIVERSITY
This action was approved.
PLANNING ACTION 98-074
REQUEST FOR A MINOR LAND PARTITION TO DIVIDE A PARCEL INTO THREE LOTS ON
APPLEGATE WAY.
APPLICANT: PAGE TWO PARTNERS
This action was approved.
ADJOURNMENT
The meeting was adjourned at 3:45 p.m.
I
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i
ASHLAND PLANNING COMMISSION 8
HEARINGS BOARD
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AUGUST 11,1998
Council Communication
Finance Department
September 15, 1998
Submitted by: Jill Turner
Title: /
Financial Report for the twelve months ended June 30, 1998.
Recommendation:
No action required.
Background Information:
Accompanying is the financial report for the twelve months ended June 30, 1998, for the City
of Ashland. .It is prepared on the budgetary basis of accounting. It does not include the
activities of the Parks and Recreation Commission, which will be presented separately to that
commission. Unaudited, detailed Balance Sheets, Revenue, and Expenditure reports are
available for your review in the Finance Office.
Budget Compliance
The budgetary compliance presentations on pages one through 18 present the usual Actual
and Budget comparisons. Overall budgetary compliance was high. Only three over
expenditures were found. They are in the Conservation division of the Water Fund ($21),
the Flood component of the Wastewater Fund ($32,361), and the Conservation division of
the Electric Fund ($613).
Cash and Investments
Page 19 presents a comparison of cash balance at June 30, 1997 and 1998 by fund,
indicating an overall increase of$2,939,431.97. The major increases were in the
Wastewater Fund $1,874,070.26, and the Parks & Recreation Component $1,134044.63,
while the major decrease was in the Capital Improvements Fund, $749,147.55.
Long term trends
Page 20 presents an analysis of the comparisons of the actual resources and expenditures
on a trend basis over the previous five years. The largest dollar increase in resources over
last fiscal year is in Charges for Services which rose $652,541 or 3.43%. The second
largest dollar increase was $569,367 in taxes. Property taxes, hotel taxes and food and
beverage taxes all rose over the previous year of 22 %, 8.4% and 7.2% respectively. The
largest percentage increase was in Other Financing Sources. The 1997-98 amount includes
1
$1;080,000 in flood restoration bonds and $1,214,261 in loan from the state for the
wastewater treatment plant upgrade.
On a longer term basis the largest dollar increase was $3,569,498 in the Charges for
Services categories. Leading this category are increases in System development fees of
$502,500; ambulance fees of$726,000, sewer charges of$544,000 and electric charges of
$399,600.
The largest dollar increase and percentage increase in expenditures over the previous fiscal
year is in capital outlay. Major capital expenditures were for the engineering of wastewater
treatment plant, the bridge on Winburn way, and the fiber optic ring. Capital expenditures
are expected to be higher with the construction of the fiber network, and the waste water
treatment plant. Capital expenditures vary with projects while personnel and materials costs
are fairly constant. Personnel Services rose at 4.63% with 4.15 additional positions.
Personnel cost will exceed inflation in the next several years with additional employees and
expected and increases in both retirement and health insurance benefits.
Fund Balances
Page 21 is a schedule of fund balance carryover into the 1998-99 fiscal year. This schedule
shows the actual 1998-99 budget compared to budget. The largest difference was in the
wastewater fund. This large increase is due to the timing of the draw down on the
wastewater plant and the receipt of FEMA monies. The general fund will also carryover more
than anticipated, primarily because of the delay in the communications center software, but
also because revenues were higher than anticipated. The equipment fund carryover is due
to the delay in purchase of the electric line truck and management software.
General Fund
General Fund Resources increased 6.9% from $6,352,868 to $6,790,965 primarily in taxes,
while Expenditures decreased 2.92% from $6,615,805 to $6,452,376. The previous years
Communications division budget was $256,000 more than the year just ended due to large
capital expenditures. Most of the other departments expenditures increased slightly.
Ambulance Fund
Ambulance fund Charges for Services were $725,661, or $54,000 above the budget,
primarily because of a 12% increase in patients . Collections also increased with a larger
percentage of customers covered with traditional insurance. Overtime costs decreased with
the additional personnel.
Water Fund
Fiscal.year 1997-98 was cool in the summer and much wetter in the spring and early summer
leading to a decline in water usage. The combination of lower rates and usage amounted to
a decline of$285,389 which was $81,700 less than anticipated in the 97-98 budget.
Although less than anticipated, revenue was more than adequate to cover expenditures.
2
The operational portion of the Water Fund balance declined slightly, $13,462 in 1997-98. It
is expected to decline again in 1998-99 with the Crowson Reservoir roof and Ashland Street
main line. The preliminary fund balance or working capital carryover in the 1998-99 fiscal
year is $1,098,500. This amount is $219,000 less than anticipated in the 1998-99 budget.
This is due to $90,000 less than expected in water sales revenue as well as additional
expenditures in the Water Operations, Forest Interface, and Water Conservation programs of
$90,000, $38,000 and $5,000 respectively. While having a lower than anticipated fund
balance is not financially desirable, the water fund is still viable .
Wastewater Fund
The flood portion of this fund gained $370,000, to a negative balance of$155,417. This
balance should turn around once the flood disaster relief grant is received. The waste water
fund balance increased by $1.5 million in anticipation of the construction and debt service of
the wastewater treatment plant.
Electric Fund
The Electric Fund Charges for Services increased 2.8% from $7,959,071 to $8,182,226
primarily related to residential growth and the very cool spring. Expenditure exceeded
revenues by $117,070.
3
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PRELIMINARY
FINANCIAL REPORT
For the twelve months ended June 30, 1998
i
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the twelve months ended June 30, 1998
ACTUAL BUDGET VARIANCE %
GENERALFUND
RESOURCES
Taxes $ 5,039,457 $ 4,784,000 $ 255,457 1.05
Licenses and Permits 497,393 396,000 101,393 1.26
Intergovernmental Revenue 404,295 373,000 31,295 1.08
Charges for Services 468,995 429,000 39,995 1.09
Fines and Forfeitures 209,568 195,000 14,568 1.07
Interest on Investments 65,143 43,000 22,143 1.51
Miscellaneous Revenues 66,114 65,000 1,114 1.02
Operating Transfers In 40,000 40,000 0 1.00
TOTALS 6,790,965 6,325,000 465,965 1.07
EXPENDITURES
Human Resources 83,030 85,000 1,970 0.98
Economic Development 233,350 250,850 17,500 0.93
Miscellaneous revenues 90,339 91,000 661 0.99
Debt Service 78,416 82,000 3,584 0.96
Operating Transfers Out 3,000 3,000 0 1.00
Operating Contingency 0 343,150 343,150 0.00
Police 2,432,221 2,523,000 90,779 0.96
Municipal Court 191,203 196,000 4,797 0.98
Communications 375,998 504,000 128,002 0.75
Fire 1,997,420 2,034,000 36,580 0.98
Senior Program 119,709 125,000 5,291 0.96
Planning Division 505,718 521,000 15,282 0.97
Building Division 341,972 342,000 28 1.00
TOTAL EXPENDITURES 6,452,376 7,100,000 647,624 0.91
Excess (Deficiency) of
Revenues over Expenditures 338,589 (775,000) (181,659) (0.44)
Working Capital Carryover 809,606 875,000 (65,394) 0.93
Ending Fund Balance $ 1,148,195 $ 100,000 $ 1,048,195 11.48
1
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the twelve months ended June 30, 1998
ACTUAL BUDGET VARIANCE %
CEMETERY FUND
RESOURCES
Taxes $ 242,090 $ 196,000 $ 46,090 1.24
Charges for Services 50,255 57,000 (6,745) 0.88
Interest on Investments 11,286 5,000 6,286 2.26
Miscellaneous Revenues 543 0 543 0.00
Operating Transfers In 38,903 45,000 (6,097) 0.86
TOTALS 343,077 303,000 40,077 1.13
EXPENDITURES
Personnel Services 85,739 105,000 19,261 0.82
Materials and Services 121,387 151,000 29,613 0.80
Capital Outlay 10,845 21,000 10,155 0.52
Operating Transfers Out 500 1,000 500 0.50
Operating Contingency 0 40,000 40,000 0.00
TOTALS 218,471 318,000 99,529 0.69
Excess (Deficiency) of
Revenues over Expenditures 124,606 (15,000) (59,452) (8.31)
Working Capital Carryover 109,317 106,000 3,317 1.03
ENDING FUND BALANCE $ 233,923 $ 91,000 $ 142,923 2.57
2
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the twelve months ended June 30, 1998
ACTUAL BUDGET VARIANCE %
BAND FUND
RESOURCES
Taxes $ 67,863 $ 54,000 $ 13,863 1.26
Interest on Investments 5,622 3,000 2,622 1.87
TOTALS 73,485 57,000 16,485 1.29
EXPENDITURES
Personnel Services 3,520 5,000 1,480 0.70
Materials and Services 45,069 52,000 6,931 0.87
Operating Contingency 0 10,000 10,000 0.00
TOTALS EXPENDITURES 48,589 67,000 18,411 0.73
Excess (Deficiency) of
Revenues over Expenditures 24,896 (10,000) (1,926) (2.49)
Working Capital Carryover 73,847 64,000 9,847 1.15
ENDING FUND BALANCE $ 98,743 $ 54,000 $ 44,743 1.83
3
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the twelve months ended June 30, 1998
ACTUAL BUDGET VARIANCE %
COMMUNITY BLOCK GRANT FUND
RESOURCES
Intergovernmental Revenue $ 211,664 $ 509,000 $ (297,336) 0.42
EXPENDITURES
Personnel Services 35,279 38,000 2,721 0.93
Materials and Services 137,384 431,000 293,616 0.32
Capital Outlay 35,000 35,000 0 1.00
Operating Contingency 0 5,000 5,000 0.00
TOTALS 207,663 509,000 301,337 0.41
Excess (Deficiency) of
Revenues over Expenditures 4,001 0 4,001 0.00
Working Capital Carryover 0 0 0
ENDING FUND BALANCE $ 4,001 $ 0 $ 4,001 0.00
4
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the twelve months ended June 30, 1998
ACTUAL BUDGET VARIANCE %
STREET FUND
RESOURCES
Taxes $ 333,231 $ 332,000 $ 1,231 1.00
Intergovernmental Revenue 800,464 1,728,000 (927,536) 0.46
Charges for Services 788,699 760,000 28,699 1.04
Interest on Investments 34,257 42,000 (7,743) 0.82
Miscellaneous Revenues 107 5,000 (4,893) 0.02
TOTALS 1,956,758 2,867,000 (910,242) 0.68
EXPENDITURES
Personnel Services 529,264 604,000 74,736 0.88
Materials and Services 920,602 1,201,000 280,398 0.77
Capital Outlay 830,007 1,402,000 571,993 0.59
Debt Service 2,755 3,000 245 0.92
Operating Transfers Out 80,000 80,000 0 1.00
Operating Contingency 0 93,000 93,000 0.00
TOTALS EXPENDITURES 2,362,628 3,383,000 1,020,372 0.70
Excess (Deficiency) of
Revenues over Expenditures (405,870) (516,000) 110,130 0.79
Working Capital Carryover 884,667 766,000 118,667 1.15
ENDING FUND BALANCE $ 478,797 $ 250,000 $ 228,797 1.92
5
l
CITY OF ASHLAND
I, STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the twelve months ended June 30, 1998
ACTUAL BUDGET VARIANCE %
AIRPORT FUND
RESOURCES
Charges for Services $ 51,706 $ 54,000 $ (2,294) 0.96
Interest on Investments 2,800 2,000 800 1.40
Operating Transfers In 0 68,000 (68,000) 0.00
TOTALS 54,506 124,000 (69,494) 0.44
EXPENDITURES
Personnel Services 0 1,000 1,000 0.00
Materials and Services 42,134 56,000 13,866 0.75
Capital Outlay 0 80,000 80,000 0.00
Operating Contingency 0 5,000 5,000 0.00
TOTALS EXPENDITURES 42,134 142,000 99,866 0.30
Excess (Deficiency) of
Revenues over Expenditures 12,372 (18,000) 30,372 (0.69)
Working Capital Carryover 34,484 33,000 1,484 1.04
ENDING FUND BALANCE $ 46,856 $ 15,000 $ 31,856 3.12
6
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the twelve months ended June 30, 1998
ACTUAL BUDGET VARIANCE %
CAPITAL IMPROVEMENTS FUND
RESOURCES
Taxes $ 281,383 $ 251,000 $ 30,383 1.12
Intergovernmental Revenue 73,714 0 73,714 0.00
Charges for Services 194,454 221,000 (26,546) 0.88
Assessment Payments 31,036 302,000 (270,964) 0.10
Interest on Investments 65,654 86,000 (20,346) 0.76
Miscellaneous Revenues 170,069 43,000 127,069 3.96
Other Financing Sources 0 941,000 (941,000) 0.00
Operating Transfers In 80,000 80,000 0 1.00
TOTALS 896,310 1,924,000 . (1,027,690) 0.47
EXPENDITURES
Personnel Services 0 1,000 1,000 0.00
Materials and Services 95,389 123,000 27,611 0.78
Capital Outlay 1,320,623 1,788,000 467,377 0.74
Operating Transfers Out 303,000 303,000 0 1.00
Operating Contingency 0 200,000 200,000 0.00
TOTALS EXPENDITURES 1,719,012 2,415,000 695,988 0.71
Excess (Deficiency) of
Revenues over Expenditures (822,702) (491,000) (331,702) 1.68
Working Capital Carryover 1,758,067 1,572,000 186,067 1.12
ENDING FUND BALANCE $ 935,365 $ 1,081,000 $ (145,635) 0.87
7
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the twelve months ended June 30, 1998
ACTUAL BUDGET VARIANCE %
BANCROFT BOND FUND
RESOURCES
Assessment Payments $ 224,800 $ 290,000 $ (65,200) 0.78
Interest on Investments 12,527 15,000 (2,473) 0.84
Miscellaneous Revenues 453 0 453 0.00
TOTALS 237,780 305,000 (67,220) 0.78
EXPENDITURES
Debt Service 465,302 510,000 44,698 0.91
Operating Transfers Out 40,000 40,000 0 1.00
TOTALS EXPENDITURES 505,302 550,000 44,698 0.92
Excess (Deficiency) of
Revenues over Expenditures (267,522) (245,000) (22,522) 1.09
Working Capital Carryover 381,623 395,000 (13,377) 0.97
ENDING FUND BALANCE $ 113,195 $ 150,000 $ (36,805) 0.75
8
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the twelve months ended June 30, 1998
ACTUAL BUDGET VARIANCE %
GENERAL BOND FUND
RESOURCES
Taxes $ 292,779 $ 288,000 $ 4,779 1.02
Interest on Investments 18,426 16,000 2,426 1.15
Operating Transfers In 162,000 162,000 0 1.00
TOTALS 473,205 466,000 7,205 1.02
EXPENDITURES
Debt Service 424,694 462,000 37,306 0.92
Excess (Deficiency) of
Revenues over Expenditures 48,511 4,000 44,511 12.13
Working Capital Carryover 272,919 273,000 (81) 1.00
ENDING FUND BALANCE $ 321,430 $ 277,000 $ 44,430 1.16
9
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the twelve months ended June 30, 1998
ACTUAL BUDGET VARIANCE %
DEBT SERVICE FUND
RESOURCES
Charges for Services $ 36,183 $ 37,000 $ (817) 0.98
Interest on Investments 14,852 4,000 10,852 3.71
Miscellaneous Revenues 6,225 9,000 (2,775) 0.69
Operating Transfers In 306,000 306,000 0 1.00
TOTALS 363,260 356,000 7,260 1.02
EXPENDITURES
Debt Service 324,613 361,000 36,387 0.90
Excess (Deficiency) of
Revenues over Expenditures 38,647 (5,000) 43,647 (7.73)
Working Capital Carryover 47,712 82,000 (34,288) 0.58
ENDING FUND BALANCE $ 86,359 $ 77,000 $ 9,359 1.12
10
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the twelve months ended June 30, 1998
ACTUAL BUDGET VARIANCE %
AMBULANCE FUND
RESOURCES
Charges for Services $ 725,661 $ 671,000 $ 54,661 1.08
Interest on Investments 4,448 1,000 3,448 4.45
Miscellaneous Revenues 210 2,000 (1,790) 0.11
Interfund Loans 0 350,000 (350,000) 0.00
TOTALS 730,319 1,024,000 (293,681) 0.71
EXPENDITURES
Personnel Services 172,931 180,000 7,069 0.96
Materials and Services 450,989 476,000 25,011 0.95
Capital Outlay 13,266 27,000 13,734 0.49
Debt Service 271,824 319,000 47,176 0.85
Operating Contingency 0 68,000 68,000 0.00
TOTALS EXPENDITURES 909,010 1,070,000 160,990 0.85
Excess (Deficiency) of
Revenues over Expenditures (178,691) (46,000) (132,691) 3.88
Working Capital Carryover 377,617 146,000 231,617 2.59
ENDING FUND BALANCE $ 198,926 $ 100,000 $ 98,926 1.99
11
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the twelve months ended June 30, 1998
i
ACTUAL BUDGET VARIANCE %
WATER FUND
RESOURCES
Charges for Services $ 2,843,014 $ 2,791,000 $ 52,014 1.02
Interest on Investments 190,612 111,000 79,612 1.72
Miscellaneous revenues 28,598 25,000 3,598 1.14
TOTALS 3,062,224 2,927,000 135,224 1.05
EXPENDITURES
FOREST INTERFACE 72,032 100,000 27,968 0.72
OPERATIONS 1,958,737 2,448,000 489,263 0.80
Debt Service 337,744 366,000 28,256 0.92
Operating Transfers Out 162,000 162,000 0 1.00
Operating Contingency 0 264,000 264,000 0.00
CONSERVATION 100,021 100,000 (21) 1.00
TOTALS EXPENDITURES 2,630,534 3,440,000 809,466 0.76
Excess (Deficiency) of
Revenues over Expenditures 431,690 (513,000) 944,690 (0.84)
Working Capital Carryover 2,541,473 2,364,000 177,473 1.08
ENDING FUND BALANCE $ 2,973,163 $ 1,851,000 $ 1,122,163 1.61
12
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the twelve months ended June 30, 1998
ACTUAL BUDGET VARIANCE %
SEWER FUND
RESOURCES
Taxes $ 1,007,423 $ 945,000 $ 62,423 1.07
Intergovernmental Revenue 663,249 0 663,249 0.00
Charges for Services 2,329,094 2,372,000 (42,906) 0.98
Interest on Investments 299,376 313,000 (13,624) 0.96
Other Financing Sources 2,294,261 6,996,000 (4,701,739) 0.33
TOTALS 6,593,403 10,626,000 (4,032,597) 0.62
EXPENDITURES
Personnel Services 478,460 519,000 40,540 0.92
Materials and Services 792,028 817,000 24,972 0.97
Capital Outlay 1,548,596 6,213,000 4,664,404 0.25
Debt Service 0 173,000 173,000 0.00
Flood Restoration 1,283,361 1,251,000 (32,361) 1.03
Operating Transfers Out 50,000 200,000 150,000 0.25
Operating Contingency 0 745,000 745,000 0.00
TOTALS EXPENDITURES 4,152,445 9,918,000 5,765,555 0.42
Excess (Deficiency) of
Revenues over Expenditures 2,440,958 708,000 1,732,958 3.45
Working Capital Carryover 4,164,332 5,681,000 (1,516,668) 0.73
ENDING FUND BALANCE $ 6,605,290 $ 6,389,000 $ 216,290 1.03
13
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the twelve months ended June 30, 1998
I�
ACTUAL BUDGET VARIANCE %
ELECTRIC FUND
RESOURCES
Intergovernmental Revenue $ 307,269 $ 240,000 $ 67,269 1.28
Charges for Services 8,182,226 8,089,000 93,226 1.01
Interest on Investments 105,804 76,000 29,804 1.39
Miscellaneous Revenues 44,256 63,000 (18,744) 0.70
TOTALS 8,639,555 8,468,000 171,555 1.02
Conservation 499,613 499,000 (613) 1.00
Operations 8,207,012 8,281,000 73,988 0.99
Debt Service 50,000 57,000 7,000 0.88
Operating Contingency 0 430,000 430,000 0.00
TOTALS EXPENDITURES 8,756,625 9,267,000 510,375 0.94
Excess (Deficiency) of
Revenues over Expenditures (117,070) (799,000) 681,930 0.15
Working Capital Carryover 1,992,634 1,883,000 109,634 1.06
ENDING FUND BALANCE $ 1,875,564 $ 1,084,000 $ 791,564 1.73
I'
14
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the twelve months ended June 30, 1998
ACTUAL BUDGET VARIANCE %
CENTRAL SERVICES FUND
RESOURCES
Charges for Services $ 2,628,000 $ 2,633,000 $ (5,000) 1.00
Interest on Investments 17,317 9,000 8,317 1.92
Miscellaneous Revenues 2,217 2,000 217 1.11
TOTALS 2,647,534 2,644,000 3,534 1.00
EXPENDITURES
Administration 671,019 674,000 2,981 1.00
Finance 970,628 1,085,000 114,372 0.89
City Recorder 113,673 115,000 1,327 0.99
Public Works 552,731 567,000 14,269 0.97
Computer Services 381,954 383,000 1,046 1.00
TOTALS EXPENDITURES 2,690,005 2,824,000 133,995 0.95
Excess (Deficiency) of
Revenues over Expenditures (42,471) (180,000) 137,529 0.24
Working Capital Carryover 159,753 180,000 (20,247) 0.89
ENDING FUND BALANCE $ 117,282 $ 0 $ 117,282 0.00
15
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the twelve months ended June 30, 1998
ACTUAL BUDGET VARIANCE %
INSURANCE SERVICES FUND
RESOURCES
Charges for Services $ 317,789 $ 339,000 $ (21,211) 0.94
Interest on Investments 89,774 66,000 23,774 1.36
Miscellaneous Revenues 4,898 12,000 (7,102) 0.41
TOTALS 412,461 417,000 (4,539) 0.99
EXPENDITURES
Personnel Services 13,522 15,000 1,478 0.90
Materials and Services 646,038 704,000 57,962 0.92
Operating Contingency 0 300,000 300,000 0.00
TOTALS EXPENDITURES 659,560 1,019,000 359,440 0.65
Excess (Deficiency) of
Revenues over Expenditures (247,099) (602,000) 354,901 0.41
Working Capital Carryover 1,192,050 1,131,000 61,050 1.05
ENDING FUND BALANCE $ 944,951 $ 529,000 $ 415,951 1.79
�I
16
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the twelve months ended June 30, 1998
ACTUAL BUDGET VARIANCE %
EQUIPMENT FUND
RESOURCES
Charges for Services $ 1,071,356 $ . 936,000 $ 135,356 1.14
Interest on Investments 121,606 89,000 32,606 1.37
Miscellaneous Revenues 26,718 60,000 (33,282) 0.45
TOTALS 1,219,680 1,085,000 134,680 1.12
EXPENDITURES
Personnel Services 166,982 167,000 18 1.00
Materials and Services 385,866 412,000 26,134 0.94
Capital Outlay 304,037 948,000 643,963 0.32
Operating Contingency 0 127,000 127,000 0.00
TOTALS EXPENDITURES 856,885 1,654,000 797,115 0.52
Excess (Deficiency) of
Revenues over Expenditures 362,795 (569,000) 931,795 (0.64)
Working Capital Carryover 1,667,713 1,926,000 (258,287) 0.87
ENDING FUND BALANCE $ 2,030,508 $ 1,357,000 $ 673,508 1.50
17
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the twelve months ended June 30, 1998
ACTUAL BUDGET VARIANCE %
CEMETERY TRUST FUND
RESOURCES
Charges for Services $ 10,703 $ 11,000 $ (297) 0.97
Interest on Investments 43,470 45,000 (1,530) 0.97
Operating Transfers In 500 1,000 (500) 0.50
TOTALS 54,673 56,000 (1,327) 0.98
EXPENDITURES
Operating Transfers Out 38,903 45,000 6,097 0.86
Excess (Deficiency) of
Revenues over Expenditures 15,770 11,000 4,770 1.43
Working Capital Carryover 635,506 637,000 (1,494) 1.00
ENDING FUND BALANCE $ 651,276 $ 649,000 $ 2,276 1.00
ii
18
CITY OF ASHLAND
DISTRIBUTION AND SOURCE OF CASH
June 30, 1997 and 1998
06/30/97 6/30/98 Variance Percent
Fund Distribution Balance Balance Increase(decrease) of Total
General Fund $ 788,478.53 $ 1,316,673.00 $ 528,194.47 6.33
Cemetery Fund 115,206.95 248,858.59 133,651.64 1.20
Band Fund 74,985.77 101,050.28 26,064.51 0.49
Community Block Grant Fund 5,501.33 (29,530.28) (35,031.61) -0.14
Street Fund 717,432.68 376,141.19 (341,291.49) 1.81
Airport Fund 40,724.40 46,688.00 5,963.60 0.22
Capital Improvements Fund 1,569,214.75 820,067.20 (749,147.55) 3.94
Bancroft Bond Fund 380,118.67 112,109.04 (268,009.63) 0.54
General Bond Fund 271,683.25 319,049.63 47,366.38 1.53
Debt Service Fund 40,665.20 87,220.17 46,554.97 0.42
Ambulance Fund 294,482.93 53,830.05 (240,652.88) 0.26
Water Fund 1,994,808.85 2,499,150.96 504,342.11 12.01
Wastewater Fund 3,059,087.38 4,933,157.64 1,874,070.26 23.71
Electric Fund 1,378,591.15 1,349,071.10 (29,520.05) 6.48
Central Services Fund 386,349.56 329,198.61 (57,150.95) 1.58
Insurance Services Fund 1,635,679.69 1,625,043.21 (10,636.48) 7.81
Equipment Fund 1,671,761.71 2,031,178.73 359,417.02 9.76
Cemetery Trust Fund 633,816.31 645,019.31 11,203.00 3.10
Total City Component 15,058,589.11 16,863,976.43 1,805,387.32 81.05
Ski Area Agnecy Fund 570,148.00 739,916.00 169,768.00 3.56
Parks and Recreation Fund 2,238,930.86 3,203,207.49 964,276.63 15.39
Total Outside Components 2,809,078.86 3,943,123.49 1,134,044.63 18.95
Total Fund Distribution $ 17,867,667.97 $ 20,807,099.92 $ 2,939,431.95 100.00
Cash and Investments
Petty Cash $ 973.00 $ 965.00 $ (8.00) 0.00
General Banking Accounts (178,570.53) 303,989.38 482,559.91 1.46 .
L.G.LP. 4,486,099.65 11,619,799.56 7,133,699.91 55.85
U S Treasury Notes and Bills 1,799,859.38 (1,799,859.38) 0.00
Bankers Acceptances 2,935,291.66 2,288,830.14 (646,461.52) 11.00
U S Agency Investments 8,824,014.81 6,593,515.84 (2,230,498.97) 31.69
Total Cash and Investments $ 17,867,667.97 $ 20,807,099.92 $ 2,939,431.95 100.00
19
CITY OF ASHLAND
SUMMARY OF FUNDS
Actual Actual Actual Actual Actual One Year Four Year
1993-94 1994-95 1995196 1996197 1997/98 Variance % Variance
RESOURCES
Taxes 5,941,418 6,934,901 6,562,257 6,694,859 7,264,226 569,367 108.50% 1,322,808 122.26%
Licenses and Permits 309,465 314,867 378,940 429,301 497,393 68,092 115.86% 187,928 160.73%
Intergovernmental Revenu 1,486,106 1,625,294 2,007,945 1,928,140 2,460,655 532,515 127.62% 974,549 165.58%
Charges for Services 16,128,637 17,179,672 17,942,882 19,045,594 19,698,135 652,541 103.43% 3,569,498 122.13%
Fines and Forlietures 347,611 164,296 186,736 173,258 209,568 36,310 120.96% (138,043) 60.29%
Assessment Payments 376,816 357,450 387,363 339,202 255,836 (83,366) 75.42% (120,980) 67.89%
Interest on Investments 391,596 587,844 1,048,236 869,980 1,117,786 247,806 128.48% 726,190 285.44%
Miscellaneous Revenues 632,527 379,620 324,066 924,274 349,502 (574,772) 37.81% (283,025) 55.25%
Operating Transfers In 509,400 623,716 546,423 578,612 627,403 48,791 108.43% 118,003 123.17%
Other Financing Sources 0 4,212,000 1,085,969 605,000 2,294,261 1,689,261 361.21% 2,294,261
Total Revenues 26,123,576 32,379,660 30,470,817 31,588,220 34,774,765 3,186,545 116.42% 8,651,189 133.12%
Working Capital Carryover 10,704,646 11,813,954 16,532,652 13,954,600 17,103,320 3,148,720 122.56% 6,398,674 159.77%
Total Resources 36,828,222 44,193,614 47,003,469 45,542,820 51,878,085 6,335,265 112.95% 15,049,863 140.87%
EXPENDITURES
Personnel Services 8,203,854 8,631,341 8,983,351 9,520,201 9,819,476 299,275 104.63% 1,615,622 119.69%
Materials and Services 12,119,135 12,677,499 13,190,765 13,262,314 13,655,884 393,570 102.97% 1,536,749 112.68%
Capital Outlay 2,216,360 4,214,929 7,356,273 2,768,041 6,891,338 4,123,297 248.96% 4,674,978 310.93%
Debt Service 1,926,816 1,536,506 2,637,132 1,736,901 1,955,348 218,447 112.58% 28,532 101.48%
Operating Transfers Out 565,400 7,442,409 601,423 659,612 677,403 17,791 102.70% 112,003 119.81%
Other Financing Uses 0 0 140,000 0 0 0 0.00% 0 0.00%
Total Expenditures 25,031,565 34,502,684 32,908,944 27,947,069 32,999,449 5,052,380 127.01% 7,967,884 131.83%
Operating Contingency 0 0 0 0 0.00% 0 0.00%
Total Use of Resources 25,031,565 34,502,684 32,908,944 27,947,069 32,999,449 5,052,380 118.08% 7,967,884 131.83%
Ending Fund Balance 11,796,657 9,690,930 14,094,525 17,595,751 18,878,636 1,282,885 107.29% 7,081,979 160.03%
L.
20
CITY OF ASHLAND
ANALYSIS OF CARRYOVERS
June 30, 1998
Tenative BUDGETED
FUND FUND 1 Year 5 Year
BALANCE BALANCE Gain Gain
Fund June 30 98 June 30 98 Differance % (Loss) (Loss)
General Fund $ 1,148,195 $ 680,000 $ 468,195 168.85% $ 338,589 $ 594,797
Cemetery Fund 233,923 191,000 42,923 122.47% 124,606 182,878
Band Fund 98,743 87,000 11,743 113.50% 24,896 59,458
Community Block Grant Fund 4,001 0 4,001 4,001 4,001
Street Fund 478,797 287,000 191,797 166.83% 203,737 340,166
Airport Fund 46,856 45,000 1,856 104.12% 12,372 38,417
Capital Improvements Fund 935,365 1,120,000 (184,635) 83.51% (822,702) 537,373
Bancroft Bond Fund 113,195 99,000 14,195 114.34% (268,428) (294,073)
General Bond Fund 321,430 311,000 10,430 103.35% 48,511 168,725
Debt Service Fund 86,359 83,000 3,359 104.05% 38,647 (18,956)
Ambulance Fund 198,926 185,000 13,926 107.53% (178,692) 198,926
Water Quality Fund 2,973,163 3,222,000 (248,837) 92.28% 1,861,157 2,512,495
Sewer Fund 6,605,290 5,965,000 640,290 110.73% 4,801,188 6,279,152
Electric Fund 1,875,564 1,731,000 144,564 108.35% (117,069) 1,117,611
Central Services Fund 117,282 120,000 (2,718) 97.74% (42,471) (211,383)
Insurance Services Fund 944,951 1,135,000 (190,049) 83.26% (247,099) (392,500)
Equipment Fund 2,030,508 1,682,000 348,508 2,032,790 614,175
Cemetery Trust Fund 651,276 650,000 1,276 100.20% 15,770 51,806
Total City Component $ 18,863,824 $ 17,593,000 $ 1,270,824 107.22% $ 7,829,803 $ 11,783,068
21
Council Communication
Public Works Department
September 15, 1998
Submitted by: Paula Brown
Approved by: Mike Freeman KKK
Title: Approval of the Jackson- Josephine Region, Rural Investment Fund Program
Grant Award Contract for the Ashland Municipal Airport Sanitary Sewer
Construction
Synopsis:
The attached Rural Investment Fund grant for$25,000 is for the construction of the Ashland
Municipal Airport Sanitary Sewer. Approval of this item would provide authorization to design
and construct an extension of sanitary sewer services to the Airport.
Recommendation:
It is recommended that the Council approve the Jackson- Josephine Region, Rural Investment
Fund Program Grant Award Contract for the Ashland Municipal Airport Sanitary Sewer
Construction.
Background Information:
The Southern Oregon Regional Economic Development Inc. (SOREDI) sponsored the Jackson-
Josephine Rural Investment Fund Board last spring. As a result, they offered a$25,000 grant to
the City for the Airport Sewer Line Construction project. This is the third time the project has
been before the Board.
The attached grant agreement describes the conditions of accepting the grant funds. Of the terms
and conditions, most notable is the required timing for the entire project. By accepting this grant,
the City is obligated for construction completion be June 30, 1999. The City is also obligating a
match of at least $187,000 for the total project completion..
The majority of the Airport sewer line construction can be funded through Systems Development
Charges (SDC).funds that are currently available. The Airport Sewer line extension are shown in
the Airport Master Plan and as a future project within the SDC funding program. At least 80%
of this project is eligible for SDCs. The entire project, design and construction, is estimated at
$212,000; 80% is $169,600. Of the remaining funds, $25,000 would be provided through the
Rural Investment Fund grant and $17,400 out of the current sewer and engineering budgets.
This project is critical for the future of the airport. The Airport Commission unanimously
supported the construction of the sewer line to the Airport. There have been several requests and
inquiries for new hanger construction. These and the future of the FBO and increased operations
at the airport would benefit greatly with the addition of sewer facilities. As such, it may be
appropriate to encumber the Airport budget for a portion of the $17,400 for completion of the
project. Currently the Airport is served by restroom facilities in the FBO connected to a holding
tank which is pumped on a regular basis.
It is proposed that the Engineering Division design the sewer line extension and contract the
construction work in the spring of 1999 to complete the project by June 1999.
I'
Southern Oregon
Regional Economic Deccloptnenl. Inc.
SOREDI
July 29, 1998
Paula C. Brown, Public Works Director
City of Ashland
20 E. Main Street
wk^'°on`rK' Ashland, OR 97520
Baker ConslruPUOn C.
Bea.Cleek Cwoola„n Dear Ms. Brown: _
Bunill Peal ESM1e,LLC
CaY of Autf n, Enclosed please find the Rural Investment Fund contract for the Ashland Municipal
CU'w cemr.I eonm Airport Sanitary Sewer Construction project. Review the contract and then you will
c„e1 G,ant.ea„ need to have Mayor Shaw sign it on page 11.
Ci,of Metllortl
Bu7lne B.8.11.11 turn. Return the signed contract to me as soon as possible. Once it is signed by the
Jason Count Chairman of the Jackson- Josephine Regional Strategies Board,I will mail a copy of
„N,hlne County the completed document back to you. I will also send a Status Report form and
BOIe,"ineO.oCI 1.11.Co. Drawdown form to you at that time.
Ke,➢"e Co
Knsmatka.Donnell,a Co,tt, If you have any questions or find any discrepancies with the contract, please call me at
(541)779-2608 or(800)805-8740.
M1a'nEPMe Me01ar0 MPEical Center
8oe�e wa,tP B„te�.In<.
Sincerely,
SBBlames Canvunan eo. 2 .
Spint C
I1.B_Bank CheryIE. ut
B'C°no`urn,.” ° Regional Strategies Coordinator
Welk run,Bank
Wetter Bank Enc:
NIP Natural Gat L'
Yergen 8 MPYer CUPS '
332 West Sixth Street
Medford.Oregon 97501-2711
tel 541.773.8946
800.805.8740
email so.redi®magick.net
fax 541.779.0953
I
JACKSON - JOSEPHINE REGION
RURAL INVESTMENT FUND PROGRAM
GRANT AWARD CONTRACT
City of Ashland
Ashland Municipal Airport Sanitary Sewer Construction
This contract, dated September 17, 1997, is made and entered into by and
between the Jackson - Josephine Region, Regional Strategies Board,
acting by and through its grant administrator Southern Oregon Regional
Economic Development, Inc. , 332 W. 6th, Medford, Oregon 97501,
(hereinafter, "Region") and City of Ashland (hereinafter, "Recipient") .
1. A Contract, dated September 17, 1997, has been entered into by
the State of Oregon by and through its Economic Development Department,
775 Summer Street, N. E. , Salem, Oregon 97310, (hereinafter "State") and
the Region consisting of Jackson and Josephine Counties to make an award
from the Rural Investment Fund created by ORS 285.648.
2. The Jackson - Josephine Region, Regional Strategies Board
approved funding for the Recipient's project as outlined in the Rural
Investment Fund Project Application attached hereto as Exhibit D.
3. The Region is willing to make this subgrant to fund the
project as described in Exhibit D on the terms and conditions of this
Contract. Accordingly, the parties agree as follows:
1 - Jackson - Josephine Region
Rural Investment Program
Grant Award Contract
L
SECTION 1
GRANT APIARD
Section 1.01. Grant. The Region shall provide a maximum of $25, 000.00
from the Rural Investment Fund in accordance with the terms of this
agreement including all schedules and attachments.
Section 1.02. Draw Downs. Recipient shall receive grant monies after
it submits a request for such monies on a Draw Down Form. Grant draw
downs shall be requested in increments of at least $5, 000 except in
cases of final draw down. Attached to the Draw Down Form shall be
documentation satisfactory to the Region on the use of grant monies and
on the use of matching funds, such as invoices, bid proposals, and .
contracts. The Region shall review the documents and may require
additional reasonable documentation if necessary. If the Region does
not request additional documentation within thirty days after receipt of
the information from Recipient, the documents shall be deemed approved
and payment shall be made. In the event the Region requests additional
information from the Recipient, The Region shall have thirty (30) days
from the date of receipt of the information to review the information
and request additional documentation, after which time the documents
shall be deemed approved and payment shall be made. Recipients shall
deposit all grant monies in a separate account and spend the grant
monies as set forth in Exhibit A on approved activities as set forth in
Exhibit C.
Section 1.03. Final Draw Down. Recipients shall submit the Final Draw
Down Form not later than sixty (60) days after the Contract Completion
Date of June 30, 1999. A Draw Down Form received after these dates
shall be ineligible for funding under this Contract.
Section 1.04. Availability of Funds. This grant award is subject to
the availability of lottery money in the Rural Investment Fund.
Section 1.05. Availability of Matching Funds Recipient shall
demonstrate to the satisfaction of the Region that it has obtained and
invested all non-Rural Investment funds as set out and described in
Exhibit A, Exhibit B, and Exhibit C.
Section 1.06. No Default. No draw down will be paid to Recipient if
Recipient is in default of its obligations under this agreement.
2 - Jackson - Josephine Region
Rural Investment Program
Grant Award Contract
SECTION 2
OSE OF GRANT MONIES
Section 2.01. Eligible Activities. The Recipient' s use of the grant
monies is subject to the Conditions of Approval set forth in Exhibit B
and is also limited to those activities listed in Exhibit C.
Section 2.02. Ineligible Activities . Grant monies shall not be used to
retire any debt, reimburse any person, entity, or municipality for
expenditures made or expenses incurred prior to the date of this
Contract between Region and Recipient or for non-grant related or
approved operating expenses.
Section 2.03. Unexpended Funds Any grant monies disbursed to the
Recipient that are not used on the project set out in Exhibit A and
Exhibit C or which remain after the project is completed or this
contract is terminated shall be immediately returned to the Region. Any
interest earned by the Recipient on grant monies shall be spent on the
Project or returned to the Region, as directed by the Recipient.
Section 2.04. Use of Funds. Prior to the Region approving draw down of
funds, the Recipient must approve all Project expenditures and confirm
in writing the deposit of all matching funds or other contributions from
entities other than the Rural Investment Fund Program. Rural Investment
funds shall not be used to retire debt or reimburse any person, entity,
or municipality for expenditures made or expenses incurred prior to the
date of this Contract or prior to the date the Region approved funding
for the Project, whichever is later.
Section 2.05. Modification of Budget Allocation, The Region and the
Recipient may jointly agree to modify budget allocation categories
within the Project depending upon Project needs. All modifications must
be requested for by the recipient in writing and be approved in writing
by the Region in advance of commitment or expenditure of funds.
Section 2.06. nroiect Completion. While any Project remains unfinished
and prior to the final draw down, Recipient agrees that, unless the
Region shall otherwise consent in writing: Work on the Project shall be
fully completed in accordance with Exhibit B and Exhibit C, including
creation of the specified number of jobs. In the event that the total
amount of the grant set out in Section 1.01 hereof is not available, the
Recipient will not be required to complete the Project. However, if the
non-Rural Investment monies which Recipient has committed to the
Project, as set out in Exhibit A and Exhibit C, are not available or
sufficient, the Recipient will nevertheless be required to complete the
Project but only that portion of the Project proportionate to funds
received. Any Project that is not completed by June 30, 1999 shall be
ineligible for funding under this contract.
3 - Jackson - Josephine Region
Rural Investment Program
Grant Award Contract
SECTION 3
RECIPIENT'S REPRESENTATIONS AND WARRANTIES
Recipient represents and warrants to the Region that:
Section 3.01 Existence and Power. Recipient is a municipality and is
recognized under the laws of Oregon; and Recipient has full power and
authority to transact the business in which it is engaged, and the
person or persons executing this agreement on behalf of Recipient
warrant that they have full power, authority and legal right to make
this Contract and to incur and perform its obligations hereunder.
Section 3.02. Authority No Contravention. The making and performance
by Recipient of this Contract (a) have been duly authorized by all
necessary action of the Recipient, (b) do not and will not violate any
provisions of any applicable law, rule, regulation or order of any
court, regulatory commission, board or other administrative agency and
(c) do not and will not result in the breach of, or constitute a default
or require any consent under any other agreement or instrument to which
Recipient is a party or by which Recipient or any of its properties may
be bound or affected.
Section 3.03. Binning Obliaation This Contract has been duly executed
and delivered by Recipient and will constitute the legal, valid and
binding obligation of Recipient, enforceable in accordance with its
terms.
Section 3.04 Approvals. No additional authorization, consent, license,
approval of or notification to, any government body or regulatory or
supervisory authority is required for the execution, delivery or
performance by Recipient of this Contract.
Section 3.05. Matching Funds. Recipient shall obtain and use matching
funds approved as a part of this grant, if any, in accordance with the
Project budget set out in Exhibit A.
Section 3.06. Compliance With Land Use Regulations and Comprehensive
Plan, The Project for which grant funds are provided will comply with
applicable city or county comprehensive plans, public facility plans and
land use regulations.
4 - Jackson - Josephine Region
Rural Investment Progrem
Grant Award Contract
SECTION 4
COVENANTS OF RECIPIENT
While any Projects remain unfinished and prior to the final Draw Down,
Recipient agrees that, unless the Region shall otherwise consent in
writing:
Section 4.01. Reports . Recipient shall provide reports to the Region
on a biannual basis or at such times as requested.
Section 4.02. Compliance with Laws. Recipient will comply with the
requirements of all applicable laws, rules, regulations and orders of
any governmental authority, except where contested in good faith and by
proper proceedings. Applicable laws and rules include, but are not
limited to, State procurement guidelines (ORS Chapter 279) , minimum wage
and hour standards (ORS Chapter 279) , municipal budget and audit law
(ORS Chapter 270) , workers' compensation laws (ORS Chapter 656) , and
affirmative action (ORS Chapter 243.305) .
Section 4.03. Books Inspection Recipient will keep proper books of
record and account on all activities associated with the Project.
Recipient will permit the Region, the State and the Secretary of State
of the State of Oregon to inspect its properties, all work done, labor
performed and materials furnished in and about the Project, and to
review and make excerpts and transcripts of its books of account and
record with respect to the receipt and disbursement of grant monies
received from the Region.
Section 4.04. Signs and Notification. Recipient shall include the
following statement on all plans, reports or bid advertisements relating
the Project.
"The preparation of this report (document) was (this Project is)
funded in part with a grant from the Oregon State Lottery through
the Rural Investment Fund administered by the State of Oregon
Economic Development Department. "
The statement shall be prominently placed on the document, i.e. , on the
title page of reports or documents, on the cover of the blueprint sets,
as part of map legends.
For. construction Projects, the recipient shall display a sign, to be
provided by the State, near the Project construction site and readily
visible to the public, specifying the Project is being funded by the
Oregon State Lottery for the purposes of promoting economic development.
S - Jackson - Josephine Region
Rural Investment Program
Grant Award Contract
Section 4.05. First Source Aareements The Region may require any firm
which it certifies as receiving direct or substantial benefit from Rural
Investment Funds to enter into a first 'source agreement with publicly
funded job training providers in accordance with OAR 123-70-300 through
123-70-370.
Section 4.06. Access for Disabled Persons. If Recipient operates a
commercial facility or public accommodations, as those terms are defined
in the Americans with Disabilities act of 1990, P.L. 101-336, Recipient
shall comply with the Americans with Disabilities Act. In addition, if
the Project is for capital construction of a building with more than
4, 000 square feet of ground area or a height of 20 feet, which is used
by the public, the building shall be accessible to and usable by
handicapped persons in the manner prescribed in ORS 447.210 to 447.280.
Section 4.07. Cooperation with State's Reaional Development Officers
The Recipient shall coordinate all industrial marketing with the
regional development officer, Bruce Laird - (541) 776-6234 .
6 - Jackson - Josephine Region
Rural Investment Rrogrant
Grant Award Contract
SECTION 5
TERMINATION, MODIFICATION AND DEFAULT
Section 5.01. Mutual Termination. This Contract may be terminated by
mutual consent of both parties.
Section 5.02. Termination or Modification by the Region The Region may
terminate this Contract effective upon delivery of written notice to
Recipient, or at such later date as may be established by the Region, if
insufficient monies are available in the Rural Investment Fund or if
there has been a change in Federal or State laws, rules, regulations or
guidelines so that the Project funded by this Contract is no longer
eligible for funding. This Contract may be modified by the Region to
accommodate a reduction in funds.
Section 5.03. Default, The Region, by written notice to the Recipient,
may terminate the whole or any part of this contract for, among other
things, any of the following events:
(a) Recipient defaults in the performance or observance of any of
its covenants or agreements contained herein or in Exhibit A, Exhibit B,
or Exhibit C; or
(b) Any representation made by the Recipient in the Projects'
description, schedule, budget, Draw Down Forms, or any other documents
and reports relied upon by the Region to measure progress on the Project
and performance by the Recipient, are untrue in any material respect; or
(c) Recipient (i) applies for or consents to the appointment of,
or taking possession by, a receiver, custodian, trustee, or liquidator
of itself or of all of its property, (ii) admits in writing its
inability, or is generally unable, to pay its debts as they become due,
(iii) makes a general assignment for the benefit of its creditors, (iv)
is adjudicated as bankrupt or insolvent, (v) commences a voluntary case
under the Federal Bankruptcy Code (as now or hereafter in effect) , (vi)
files a petition seeking to take advantage of any other law relating to
bankruptcy, insolvency, reorganization, winding-up, or composition or
adjustment of debts, or (vii) fails. to controvert in a timely and
appropriate manner, or acquiesces in writing to, any petition filed
against it in an involuntary case under the Bankruptcy Code; or (viii)
takes any corporate action for the purposes of effecting any of the
foregoing.
Notice of default shall specify with reasonable particularity the
deficiencies. in Recipient's performance and shall provide Recipient
fifteen (15) days, or such longer period as the Region may authorize in
its sole discretion, to correct such deficiencies.
7 - Jackson - Josephine Region
Rurai Investment Program
Grant Award Contract
section 5.04. Remedies Upon Default In the event Recipient is found
in default, the Region may pursue any remedies available at law or in
equity. Such remedies may include, but are not limited to, termination
of this Contract, prohibition against further grant draw downs, a demand
for return of all or any portion of the grant amount or payment of
interest earned on the grant amount, and declaration of ineligibility
for the recipient for the receipt of future Rural Investment Fund or
Regional Strategies Fund awards.
8 - Jackson - Josephine Region .
Rural Investment Program
Grant Award Contract -
SECTION 6
MISCELLANEOUS
Section 6.01. No Implied Waiver Cumulative Remedies No failure on
the part of the Region to exercise, and no delay in exercising any
right, power, or privilege under this Contract shall operate as a waiver
thereof, nor shall any single or partial exercise of any right, power,
or privilege under this Contract preclude any other or further exercise
thereof or exercise of any other such right, power, or privilege. The
remedies provided herein are cumulative and not exclusive of any
remedies provided by law.
section 6.02. Governing Law. This Contract shall be governed by and
construed in accordance with the law of Oregon.
Section 6.03. Notices . All notices, requests, demands, and other
communications to or upon the parties hereto shall be in writing and
shall be deemed to have been duly given or made when deposited in the
mails, addressed to the party to which such notice, request, demand, or
other communication is requested or permitted to be given or made
hereunder at the addresses set forth below or at such other address of
which such party shall have notified in writing the other party hereto.
Those notices, requests, demands, and other communications relating to
termination, default, and amendment shall be in writing and mailed
certified and postage prepaid.
If to the Region:
Southern Oregon Regional Economic Development, Inc.
332 W. 6th Street
Medford, OR 97501
If to the Recipient:
Paula C. Brown, Public Works Director
City of Ashland
20 E. Main Street
Ashland, OR 97520
Section 6.04. Amendments, This Contract, including timeframes for the
completion of the Project but excluding interim timeframes, may not be
waived, altered, modified, supplemented, or amended in any manner except
by written instrument signed by the parties. Such written modification
will be made a part of this Contract and subject to all provisions of
this Contract.
9 - Jackson - Josephine Region.
Rural Investment program
Grant Award Contract
Section 6.05. Severability. If any provision of this Contract shall be
held invalid or unenforceable by any court of competent jurisdiction,
such holding shall not invalidate or render unenforceable any other
provisions hereof. If any provision of this contract or exhibits 'A'
through 'C' of this contract are in conflict with Exhibit 'D' of this
contract, the provisions of this contract and Exhibits 'A' through 'C'
shall control over any conflicting language contained in Exhibit 'D' of
the contract.
Section 6.06. Successors and Assians This Contract shall be binding
upon and inure to the benefit of the Region and Recipient. Recipient
may not assign or transfer its rights or obligations hereunder or any
interest herein without prior consent in writing from the Region.
Section 6.07. Attorney's Fee. The prevailing party in any dispute
involving the breach as enforcement of this Contract shall be entitled
to recover from the other its reasonable attorney's fees at trial and on
appeal.
Section 6.08. Indemnity. To the extent permitted by Article XI,
section 10 of the Oregon Constitution and by the Oregon Tort Claims Act,
Recipient shall indemnify the Region and its officers, employees and
agents against any liability for damage to life or property arising from
the Recipient's actions under this Contract or the actions of
Recipient's subcontractors, agents or employees.
Section 6.09. Taxes. Any taxes, federal or state, if any, accruing
pursuant to the disbursement of Rural Investment Funds are solely the
responsibility of the Recipient.
Section 6.10. Recipient's Income Tax Information
Recipient's Federal I. D. #93-6002117
Recipient's State I. D. N/A
Section 6.11. Entire Agreement This Contract constitutes the entire
agreement between the parties. There is no understanding, agreements or
representations, oral or written, not specified herein regarding this
Contract. Any waiver or consent, if made, shall be effective only in
the specific instance and for the specific purpose given.
10 - Jackson - Josephine Region
Rural Investment Program
Grant Award Contract
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
duly executed as of the date set. forth below their respective
signatures.
JACKSON - JOSEPHINE REGION City of Ashland
REGIONAL STRATEGIES BOARD
acting by and the
Southern Oregon Regional
Economic Development, Inc.
By: By:
Barbara Scott Cathy Shaw
Chairman Mayor
Date: Date:
EXHIBIT A - Summary of Award
EXHIBIT B - Conditions of Approval
EXHIBIT C - Approved Project Work Plan
EXHIBIT D - Rural Investment Project Application
li
11 - Jackson - Josephine Region
Rural Investment Program
Grant Award Contract
GRANT ANARD CONTRACT
EXHIBIT A
Sun=ary of Award
Approved Project Name: Ashland Municipal Airport Sanitary Sewer
Construction
runding:
Rural
Investment Other
Fund Proaram State Federal Local Private Total
$25, 000 $ .00 $.00 $187, 000 $ .00 $212, 000
Budget Summary:
Project Rural Local
Component Investment Match Total
Easements $ .00 $ 3, 000.00 $ 3, 000.00
Sanitary Sewer Facilities $ 25, 000.00 $144, 600.00 $169, 600.00
Preliminary Design/Final
Design and Engineering $ .00 $ 39, 400.00 '$ 39, 400.00
$ 25, 000-00 $187, 000.00 $212, 000.00
,12 Jackson - Josephine Region _
.. Rural Investment Program
Grant Award Contract
GRANT AWARD CONTRACT
EXHIBIT B
Conditions of A Rronal
Before any Rural Investment Funds are disbursed, Recipient shall
demonstrate that all funds other than Rural Investment Funds ("Matching
Funds") , as set out in Exhibit A and Exhibit C, are in place or
contracted to be in place during the duration of this Contract. The
disbursements of Rural Investment Funds will be limited to those
activities set out in Exhibit C unless otherwise modified in advance, in
writing, by the Region.
Disbursement of all Rural Investment Funds will be subject to specific
conditions as follows:
1. Rural Investment Funds will be disbursed in proportion to matching
funds invested.
2. Recipient shall provide SO-REDI with biannual reports (due April
10 and October 10) on the use of grant funds,project status,
matching funds invested, job creation and other pertinent
information until the Final Status Report is submitted. SO-REDI
will send the report forms to the Project Contact on or about
March 31 and September 30 of each year.
3. Recipient shall invest $187, 000.00 in matching funds in the
Project before the completion date of the Contract, which is June
30, 1999, in accordance with the provisions of the Contract.
4 . In the event the Recipient does not meet the matching funds
investment requirements, Recipient shall be required to repay the
INI' grant funds on a pro-rata basis as follows: the Recipient shall
repay grant funds exceeding the percentage of matching funds
invested. This means, for instance, that if the Recipient has
only invested 408 of the matching funds required then 608 of the
Grant funds must be repaid.
5. Recipient shall submit a Final Report to SO-REDI on or before
August 30, 1999. SO-REDI will send a Final Report form to the
Project Contact on or about June 30, 1999. This Final Report
shall include, if appropriate, the number of FTE jobs created by
the project, calculated as follows:
a. Total employee hours worked / 1, 820 =
(1 year 1 day - 2 years)
b. Total employees as of Contract date =
C. Subtract b. from a. _
d. Total jobs required for other State
programs =
e. Subtract d'. from c. _
13 - Jackson - Josephine Region
Rural investment Program
Grant Award Contract
GRANT AWARD CONTRACT
EXHIBIT C
AMroved Project Work Plan
June 1998
Preliminary Engineering
Easement Acquisitions
July 1998
Final Design and Engineering
September 1998
Construction
14 - Jackson - Josephine Region
Rural Investment Program
Grant Award Contract
I�'
I .
4,
J. DAVID FINE
— Area Code 541 —
50 Third Street
Attorney at Law Telephone: 489-1458
P.O. Box 66 cellular:840-4804
Ashland, Oregon 97520 ���„ Fax:488-1923
Home study tel.&fax:482-4978
(800)848-1458
E-Mall:0REGONLAW Qe1GF00T.COM
httpJMww.ashlandweb.coMoregonlaw
My ref.: civic
Your ref.: Powers of Chief of Police;Officers of Other Police Departments Acting in Ashland
10 September 1998
,r
Hon. Catherine Shaw, Mayor
n 1J9a
SOP 0 City of Ashland 1„
20 East Main Street
Ashland, Oregon 97520 _.........................-
Dear Cathy:
As I'm sure you're aware, officers of police departments other than the Ashland
Police Department were involved in a high-speed chase through the streets of Ashland earlier
this month. A press clipping on point is attached as Exhibit I to this letter.
I have reviewed all of the APD's records relating to this incident, and I have listened
to the audio tapes provided by the APD relating to this chase. Additionally, I have discussed
this incident at length with Chief Scott Fleuter,and I then spoke with our City Attorney,Paul
Nolte, about the matter.
It appears that the ranking APD officer on duty learned of the high-speed chase as
officers of other agencies were approaching the Ashland city limits. APD has a standing
policy which required this APD supervisor to decide whether the risk a high-speed chase
through Ashland city streets posed to the public could be justified by a variety of other
factors. These included the likelihood of apprehending the suspect by means other than a
high-speed car chase and the offense for which he was wanted. Based on these and factors,
the APD supervisor directed APD officers on the streets not to join in this high-speed chase.
Following discussion with the Chief of Police and with the City Attorney, I wish to
recommend that the Mayor and City Council take three specific steps, enumerated below,
to help assure that the policies of Ashlan d's Mayor and Cliuncil, arid,of our professional
Chief of Police, in future will guide the conduct of all peace officers exercising their State-
wide
powers in Ashland'
F:biviclshaw.071.wpd lo.ix:98 - page I of
1 Additional Provision in Ashland Municipal Code
I would suggest that Council make it clear that it wishes the Chief of Police of
Ashland to have the authority, in his discretion, to regulate the conduct of all police
operations within the City. This sentiment is not presently reflected in any of the Municipal
Code provisions relating to the Ashland Police Department. It therefore is not an express
City policy at present. (The Ashland Municipal Code's current provisions pertaining to our
Police Department are attached as Exhibit 2 to this letter.)
To set forth such a policy, I tentatively suggest that the following additional sentence
be added to AMC §2.28.300:
The Chief of Police shall have authority to regulate and
direct the activities of all peace officers as they carry out
their duties within the City of Ashland.
The language I propose merely gives the Chief authority to act. It would enable him
to exercise his professional judgment, through Departmental Standing Orders or otherwise,
as to the types of situations involving officers of other agencies in which APD supervisors
should intervene. It would not stand to require, for example, that the APD involve itself in
every instance in which a Talent Police Department officer or a Jackson County Sheriff's
deputy comes to Ashland to interview a witness. By contrast though, it would afford a basis
upon which our Police Department's supervisors could take further steps than they have
thought themselves able heretofore, to cause high-speed car chases through Ashland city
streets to be terminated, and when the circumstances would not justify our own officers to
conduct the same high-speed car chase.
2 Intergovernmental Agreement
I am advised that the City of Ashland is a party to intergovernmental agreements
which provide for our Fire Department to cooperate with other local fire departments. I am
further advised that these agreements clearly state which fire department will be the lead
agency, and which supervisory officer is to have over-all comman d authority, in different 1.
types of incidents.
However, I am told by the City Attorney.that no such agreements now are in effect
to delimit each local police department's command responsibilities in different types of inter-
agency police situations. There was therefore no basis upon which the APD supervisor in
charge the other week felt himself to have authority to issue direction to the Medford officer
immediately behind the car being chased through our streets at high speed. I should hope
` that such an agreement might come about through intergovernmental negotiation.
page 2 of 4
FAcivic\shaw.071.wpd IO.ix.98 -
(A copy of the Oregon statute under which the City has the authority to enter into
intergovernmental agreements with other units of local government (ORS
§§189.007-190.110), with state agencies (ORS §190.110), and if appropriate even with
nearby California cities and counties (ORS §190.410-190.420 and 190.472), comprises
Exhibit 3 to this letter.)
I therefore respectfully propose that, by resolution, the City Council authorize the
Mayor and the City Administrator to enter into negotiations with all surrounding local
governments which have law enforcement agencies,and with the Department of State Police.
(Perhaps the Rogue Valley Council of Governments might provide an appropriate forum for
some or all of these discussions.) The terms of a police mutual assistance agreement to
emerge from such negotiations might include the obligation of all peace officers, regardless
of their commissioning agency, to obey the general or standing orders of the police
department in whose territory they come to exercise police authority. The new intergovern-
mental agreement also might include a provision enabling a supervisory or senior officer of
each department to give such instruction to the officers of other departments temporarily in
the supervisor's territory as that supervisor might give to his own department's officers in
the same situation.
3 Radio Frequencies
Following my discussion with Chief Fleuter,it appears that due to the use of different
radio frequencies by different local police departments, our police supervisor may not have
been in the best situation to communicate on a real-time basis with the officers of other local
departments as they raced into and through Ashland the other week. I wonder whether it
might not be appropriate for the Mayor and Council, by informal action, to advise Chief
Renter that they share such concern as he may have in this regard.
Perhaps while local governments are discussing the terms of a formal intergovernmen-
tal agreement on police cooperation, local police agencies might begin to discuss such
fundamental matters as equipping all police cars with radios capable of switching to a
common, predetermined frequency, designated and reserved for use by whichever
department's supervisor comes to control a multi-departmental incident, such as a car chase
proceeding through different cities and unincorporated areas ofJosephine,Jackson,Klamath,
or Siskiyou Counties.
With your permission, I propose to speak to this matter briefly in the Public Forum
segment on the City Council meeting on Tuesday, September 15". I would therefore
F:\civic\shaw.071.wpd - l0.ix.98 - page 3 of 4
appreciate distribution of this letter and its Exhibits as a part of the packets going to Council
Members in advance of that meeting.
Thank you in advance for your attention to this matter.
Yours truly,
/000*Z0010
J. David Fine
cc: Scott Fleuter, Chief of Police
Mike Freeman, City Administrator
Paul Nolte, City Attorney
I
F:\civiclshaw.071.wpd - IO.ix.98 - page 4 of 4
Why no high-speed
chases for Ashland
cops? Safety, they say
By Kate Symes
Ashland Daily Trdings
Residents of Ashland may never 'I think it's kind of
again see a high-speed police chase
like the one that buzzed through the a philosophical
downtown area Wednesday night,
I / because the Ashland Police Depart- difference. We
1 t ment has one of the most restrictive
pursuit policies in the area. think it's more
2 People commonly say that we
have a no pursuit policy,and that's important to keep
siPuyou ye sai snce ursui � the public safe than
Lisa Brooks.Ashland police haven't apprehend a
pursued a suspect by car in.at least a pp
five years,she added. Suspect at all cost'said the department's
policy is different fom many police
departments and from the law, - Sgt. Lisa Brooks,
which maintains that high-speed On why Ashland
pursuits are often a necessary part
of police work. police rarely engage
I think it's kind of a philosophi-
cal difference. We think it's more
important to keep the public safe
than apprehend a suspect at all
cost 'she said. said Brooks.
Wednesday night, Medford and In the event of a chase,Ashland
Talent police officers chased an al- police may only have two cars chas-
legedly drunk and reckless driver ing a suspect at one time. Wednes-
into Ashland and through the Plaza. day night's chase included at least
Police apprehended Thomas R. four police cars from three different
Phelps, K and lodged him in the law enforcement agencies.
Jackson County Jail on charges of Oregon State Police heads a co-
driving under the influence of in operative agreement plan between
toxicants,reckless driving,attempt- police agencies In Jackson County.
ing to elude a police officer, crimi- Since 1995, the Ashland Police De-
nal mischief;and unauthorized use partment has been working under
of a motor vehicle. the Interagency Pursuit Policy.The
Phelps also was wanted on sever- policy maintains that Jackson
al charges in Nevada,including en- County police departments will
dangering a child and several help each other any way they can
counts of assault. during pursuits. Even though
Ashland police officers were at Wednesday night's chase did not
the scene when Phelps was arrest- meet Ashland Police Department
ed,but they would not get involved criteria,the best they can do is alert
in the chase.In fact,there are very the officer in pursuit to the condi-
few instances when the Ashland Po- tions they're driving into.
lice will become involved in a high- "We don't tell people to stop their
speed chase,Brooks said. chases,"said Brooks.
For five years, the department Nonetheless,Brooks thinks Ash-
has operated under a restricted pur- land's policy is a safe one and feels
suit policy that states that a suspect that suspects can be pushed into Fmust pose an immediate threat to dangerous driving behaviors if pur-citizens in order for
police to chase sued.
him or her.The responding officers "All I can say is, thank God no-
must prove that the suspect pre- body was hurt,or we would be talk-
sents a greater danger to innocent ing a lot differently right now,"she
bystanders than would a car chase, said.
n
i
II
2.28.280 Police Department--Created. 'A Police Department is hereby created which is under
the direction of the Chief of Police, and consists of such employees provided for by the position
classification plan or City budget, and such other employees as the City Administrator may
assign to said Department. (Ord. 1399 S27, 1965; Ord. 2266 S9, 1983)
2.28.290 Police Chief--Duties. The Chief of Police, subject to the approval of the City
Administrator and City Council, shall organize and maintain such divisions in said Department
as the operations may, in the judgment of the Chief, require, and shall be responsible for the
supervision and control of all divisions of said Department and for performance of the functions
herein assigned to said Department. The Chief of Police shall, in the lawful exercise of the
duties of Police Chief, and subject to the provisions of the City Charter, have all the powers that
are now or hereafter may be conferred upon sheriffs by the laws of the State, and shall be entitled
to the same protection. (Ord. 1399 528, 1965; Ord. 2266 S10, 1983)
2.28.300 Police Chief--Department Administration. The Chief of Police shall have authority
to adopt rules and regulations for the administration, discipline, equipment and uniforms of the
members and officers of the Department, fixing powers and duties and prescribing penalties for
violations of any such rules and regulations, and providing for their enforcement. (Ord. 1399
S29, 1965)
2.28.310 Police Department--Functions. The functions of the Police Department are the
maintenance of law and order in the City; the enforcement in the City of all laws of the United
States and of the State, and all ordinances of the City, except when such enforcement is by such
law, ordinance or charter of the City made the responsibility of another officer or Department, or
when such enforcement is the responsibility of a State or Federal agency or officer; the
administration of the City lockup and the care, custody and control of prisoners; the performance
of such other functions as may be assigned by the City Administrator or prescribed by ordinance
of the Council or by applicable State law. (Ord. 1399 S30, 1965; Ord. 2266 S11, 1983)
EXHIBIT
. / n
INTERGOVERNMENTAL
COOPERATION
190.003 Definitions for ORS 190.003 to 190.110 Authority of units of local
190.125. As used in ORS 190.003 to 190.125, government and state agencies to coop-
"unit of local government" includes a county, erate; agreements with American Indian
city, district or other public corporation, tribes. (1) In performing a duty imposed
commission, authority or entity organized upon it or in exercising a power conferred
and existing under statute or city or county upon it, a unit of local government or a state
charter. [1967 e.550 §21 agency of this state may cooperate, by
190.007 Policy; construction. In the in- agreement or otherwise, with a unit of local
terest of furthering economy and efficiency government or a state agency of this or an-
in local government, intergovernmental co- other state, or with the United States,1+ ,
r
operation is declared a matter of statewide a United States governmental agency,
concern. The provisions of ORS 190.003 to with an American Indian tribe or an
a
190.125 shall be liberally construed. [1967 a55o agency of an American Indian tribe. This
§31 power Includes power to provide jointly for
190.010 Authority of local govern- administrative officers.
ments to make intergovernmental agree- (2) With regard to an American Indian
ment. A unit of local government may enter tribe, the power described in subsection (1)
into a written agreement with any other unit of this section includes the power of the
or units of local government for the per- Oregon Department of Administrative Serv-
formance of any or all functions and activ- ices to enter into agreements to insure that
ities that a party to the agreement, its the state, a state agency or unit of local
officers or agencies, have authority to per- government does not interfere with p in-
form. The agreement may provide for the fringe on the exercise of any right or bens
performance of a function or activity: o f a tribe be American Indian tribe or members
of a tribe held or granted under any federal
(1) By a consolidated department; treaty, executive order, agreement, statute,
(2) By jointly providing for administrative policy or any other authority. Nothing in
officers; this subsection shall be construed to modify
(3) By means of facilities or equipment the obligations of the United States to an
American Indian tribe al its members con-
jointly constructed, owned, leased or oper- cerning real or personal property, title to
ated;
which is held in trust by the United States.
(4) By one of the parties for any other [Amended by 1963 c.189 §2; 1967 c.550 §7; 1985 c.267 §1]
party; 190.1211 [1955 e164 §1; 1959 c.662 §3; 1961 e.108 §8;
(5) By an intergovernmental entity cre- renumbered 297.910]
ated by the agreement and governed by a
board or commission appointed by, responsi-
ble to and acting on behalf of the units of
local government that are parties to the
agreement; or
(6) By a combination of the methods de-
scribed in this section. [Amended by 1953 x161
§2; 1963 c.189 §1; 1967 c.550 §4; 1991 c.583 §11
EXHIBIT
INTERSTATE COOPERATION 190.472 Mutual interstate law enforce.
190.410 Definitions for ORS 190.410 to ment assistance agreements. A full-time,
190.440. As used in ORS 190.410 to 190.440, fully compensated police officer commis-
"public agency" includes: sioned by the State of Washington, Idaho or
California or any full-time, fully compensated
(1) An county, city, special district or police officer commissioned by a unit of local
other public corporation, commission, au- government of the State of Washington,
thority or entity organized and existing un- Idaho or California may exercise any au-
der laws of this state, or any other state, or thorit that the officers commission vests in
under the city or county charter of any the officer throughout the territorial bounds
county or city of this or any other state; and of Oregon if the officer is acting pursuant to
(2) Any agency of this state or any other a mutual law enforcement assistance agree-
state. [1969 c.990 §1; 1997 e.126 §11 ment between a law enforcement agency of
190.420 Authority of public agency to the neighboring state and a law enforcement
ty P cY agency of Oregon. [1997 c.855 §11
make agreements with public agencies in Note: 190.472 to 190.478 were enacted into law by
other states; content of agreement; li- the Legislative Assembly but were not added to or made
ability of public agency. (1) Any power or a part of ORS chapter 190 or any series therein by leg-
powers, privileges or authority exercised or islative action. See Preface to Oregon Revised Statutes
capable of exercise by a public agency in this for further explanation.
state may be exercised and enjoyed jointly
with any public agency in another state to
the extent that the laws of the other state
permit such joint exercise or enjoyment.
(2) Public agencies in this state and in
another state may enter into agreements
with one another for joint or cooperative ac-
tion. Such action must be recorded by ordi-
nance, resolution or in other lawful manner
by the governing bodies of the participating
public agencies.
(3) An agreement under subsection (2) of
this section must specify its duration, the
organization, composition and nature of any
separate legal or administrative entity cre-
ated to exercise the functions agreed upon,
the purpose of the agreement, the method of
financing the joint or cooperative undertak-
ing, the methods to be employed to terminate
the agreement, and any other necessary and
proper matters.
(4) No agreement under subsection (2) of
this section shall relieve any public agency
of any obligation or responsibility imposed
on it by law. [1969 090 §21
EXHIBIT
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Council Communication
Finance Department
September 15, 1998
Submitted by: Jill Turner
Approved by: Paul Nolte
Approved by: Mike Freeman�A
Title:
A resolution adopting franchise and license fees for telecommunications services and
facilities.
Synopsis:
The City's telecommunications ordinance calls for adopting the franchise and license
fees by resolution. This resolution provides for grouping telecommunications carriers
into different classes. Providers within each class are equally taxed. This fee assures
that the city's current and ongoing costs of granting and regulating private access to,
and the use of, public rights-of-way are fully compensated by the persons seeking
such access and causing such costs and to secure fair and reasonable
compensation to the city and its residents for permitting private use of the public
right of way.
Recommendation:
Staff recommends adoptionSof the attached resolution.
Background Information:
The 1996 Federal Telecommunications Act allowed cities to adopt clear local guidelines
to govern telecommunications carriers and the service they offer. Council approved the
Telecommunications Ordinance this spring. The Ordinance calls for a resolution setting
the franchise fee for all telecommunications providers. The current US West Franchise
franchise is 7% of local access revenues. The current Sprint franchise is $1.22 per foot
of cable. The three groupings of telecommunications carriers are as follows:
Competitive Local Access Carrier
State law is silent as to how to tax an unregulated competitive access carrier. Staff is
suggesting 5% of gross revenues. This is the standard rate being implemented around
the state. The City of Ashland's fiber network would be subject to this provision on
services other than cable. (Section 1 A)
� 1
I
Incumbent Local Exchange Carrier
State law limits a franchise fee to 7% of the gross revenues of the telecommunication
utility earned within the boundary of the municipality. A telecommunications utility is
defined as regulated by the state Public Utility Commission. Gross revenues are further
defined as revenues derived from access services. Local access revenues comprises
a little over 60% of the basic residential fee and as little as ten percent on a large
commercial customer account. The utility is permitted to add this fee as a separate
charge when the fee exceeds 4%. Accordingly, Ashland customers see a 3%
Franchise fee itemized on their US West Statement. (Section 1 B)
Limited Use Telecommunications Carrier
This telecommunications utility does not provide local service but uses the City's right of
way for its;jutility. Currently city's are charging per lineal foot withlrates per foot varying
from $1.00 to $3.00. Staff recommends an initial rate at $1.22 per foot which is equal
to the current Sprint Franchise, which terminates in 2001. In 2001 the fee will increase
to $2.50 per foot. (Section 1 C)
G:\.JILL\WPkCOUNCIL\Resolutions\Telecommuncications.wpd
RESOLUTION NO. 98-
A RESOLUTION ADOPTING FRANCHISE AND LICENSE FEES FOR
TELECOMMUNICATIONS SERVICES AND FACILITIES.
Recitals:
A. The city's telecommunications ordinance adopted in 1998 and codified in Title
16 of the Ashland Municipal Code provides that the city council shall set
telecommunication fees by resolution.
B. Telecommunication franchise and license fees are established by the city for
the purpose of assuring that the city's current and ongoing costs of granting and
regulating private access to, and the use of, public rights-of-way are fully
compensated by the persons seeking such access and causing such costs and to
secure fair and reasonable compensation to the city and its residents for permitting
private use of the public right of way.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Franchise and License Fees (AMC § 16.24.070).EAs compensation for the
benefits and privileges under its franchise or license and in consideration of permission
to use the rights-of-way of the city, a telecommunications grantee shall pay a fee to the
city, through the duration of its franchise or license, as follows:
A. For all grantees except as provided in paragraphs B and C, a fee of 5% of
gross revenues paid quarterly. The minimum quarterly fee shall be $1,000.
Gross revenue is defined in section 16.04.040.E of the Ashland Municipal Code.
B. For local exchange carriers, 7% of the gross revenues of the
telecommunication utility earned within the city. Gross revenues for local
exchange carriers are defined by statute as revenues derived from exchange
access services, as defined in ORS 401.710, less net uncollectibles from such
revenues.
The franchise fee from a local exchange carrier shall not exceed the maximum
amount under Oregon law. The city shall accept from a local exchange carrier, in
full payment of the franchise fee, the maximum amount allowed under Oregon
law.
C. For limited use telecommunications grantees, a minimum annual fee,
payable in advance, of$4,000 or $1.22 per lineal foot of right-of-way used,
whichever sum is greater. This fee shall increase annually in July of each year,
by multiplying the fee by a fraction, the numerator of which is the CPI Index
Figure for the month of March preceding the July in which the fee is to be
I,.
increased and the denominator of which is the Base CPI Index Figure. As used
in this section, "Index" refers to the All Urban Consumers (CPI-U), U.S. City
Average, CPI index published by the Bureau of Labor Statistics of the United
States Department of Labor. 'Base CPI Index Figure" shall refer to the Index
number indicated for the month of March, 1998, and the "CPI Index Figure" for
any other month shall refer to the Index number for that month.
Beginning July 1, 2001, the fee shall be $2.50 per lineal foot. This fee shall
increase annually by the CPI Index asset forth above. The base CPI will be
March of 1998.
A limited use telecommunication grantee is defined as one whose franchise or
license limits the amount of linear feet the grantee may occupy or one who has a
current franchise for the purpose of long distance telecommunications.
SECTION 2. Other telecommunication fees are established as follows:
A. Construction Permit Fee (AMC § 16.12.070). Unless otherwise provided in a
license or franchise agreement, prior to issuance of a construction permit, the
applicant shall pay a permit fee equal to $250.00 or six tenths of one (0.6%) of
the estimated cost of constructing the telecommunications facilities, whichever is
greater.
B. Application and Review Fee for a License or Franchise (AMC § 16.20.040).
Unless otherwise provided in a license or franchise agreement the applicant will
shall pay a review fee of$250.00
II On request, grantee must provide documentation to support its calculation.
This resolution was read by title only in accordance with Ashland Municipal Code
§2.04.090 duly PASSED and ADOPTED this day of 1998.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of 1998.
Catherine M. Shaw, Mayor
R ie ed as t ;for
Paul Nolte, City Attorney
Council Communication
Public Works Department
q September 15, 1998
Submitted by: Paula Brown Y
Reviewed by: Paul Notle 1
Approved by: Mike Freeman 4
Title: A Resolution Setting a Public Hearing to Hear a Petition for, and Any Objections
to, the Vacation of Clover Lane on Property Owned by Vernon Ludwig near
Interstate 5 and Highway 66
Synopsis:
The proposed modifications to development plans in the Clover Lane area require a vacation and
realignment of Clover Lane. The proposed Clover Lane Realignment is described and shown on
Exhibits A and B. A public hearing is required for this realignment.
Recommendation:
It is recommended that the Council adopt the attached resolution setting a public hearing on
October 6, 1998,to hear a petition for, and any objections to,the vacation of Clover Lane on
property owned by Vernon Ludwig near Interstate 5 and Highway 66.
Background Information:
Mr. Bob Robertson of Pacific Western LLC has assumed the Vern Ludwig development plans
for the Clover Lane area. The plans call for the relocation of Clover Lane further to the east. A
land partition plat has been prepared which will create a new 53 foot wide right of way and cul-
de-sac which will provide access to five new lots.
A vacation of the former Clover Lane right of way is required as a part of the development plan.
Petitions requesting the vacation have been received and verified (see attached). As required by
ORS Section 271.110, 100% of the abutting owners and 2/3 of the owners of the surrounding
area have signed the petition. The $500 filing fee was waived with the original 1994 application.
The final approval of this vacation must be contingent upon the approval of the land partition
which will create the new right of way. The land partition, in turn is contingent upon the
relocation (or bonding for) all existing utilities.
In addition to the street vacation, Mr. Robertson has prepared a bargain and sale deed which will
transfer title to the vacated Clover Lane, following the vacation, to Vernon G. and Ofelia
Ludwig. It will also be necessary for Council to approve and authorize the signing of this deed at
a separate Council Meeting.
G:\PAULA\Clover Lane Vacation Council Communication.wpd
i
RESOLUTION NO. 98-
N A RESOLUTION SETTING A PUBLIC HEARING TO HEAR A PETITION
FOR, AND ANY OBJECTIONS TO, THE VACATION OF CLOVER LANE
ON PROPERTY OWNED BY VERNON LUDWIG NEAR INTERSTATE 5
AND HIGHWAY 66.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Pursuant to Ashland Municipal Code Chapter 4.16 and ORS 271.080
to 271.150, the City Council of the City of Ashland will conduct a public hearing on
October 6, 1998, at 7:00 p.m. in the Council Chambers, 1175 East Main Street,
Ashland, Oregon, to hear the petition for, and any objections to, the vacation of
Clover Lane where it is located on property owned by Vernon Ludwig.
SECTION 2. The city recorder is directed to give notice of the petition and hearing
by publishing a notice in the Daily Tidings, once each week for two consecutive
weeks prior to the hearing and such other notice as may be required by ORS
271.110.
This resolution was read by title only in accordance with Ashland Municipal Code
§2.04.090 duly PASSED and ADOPTED this day of
1998.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of 1998.
Catherine M. Shaw, Mayor
Reviwed as to form:
Paul Nolte, City Attorney
PAGE 1-RESOLUTION (p:ordftvawUOnc1merres)
EXHIBIT A
EAGLE-EYE SURVEYING CORPORATION
( formerly Edwards Surveying & Land Planning Inc. )
23 North Ivy Street , Medford
P.O. Box 4397 , Medford, Oregon 97501-0170
Tel . (541 ) 776-2313 Fax . ( 541 ) 776-9978
DESCRIPTION FOR: Pacific Western LLC August 11 , 1998
VACATED PORTION OF CLOVER LANE: The Souther ! y Portion of that
street known as Clover lane ¢ranted to the City of Ashland,
Jackson County. Ore on in Volume 271 PaF e 548 ,. Deed Records
said Count and State and in Volume 582 P a a t1 said Deed
Records and in Document Number 88-28029 Official Records
said County and State bein more Rarticularly described as
follows :
Commencing at a point on the East line of Government Lot
1 , in Section 14 , Township 39 South, Range 1 East of the
houth
Willamette Meridian, Jackson County, Oregon, which
0°00 ' 02" West a distance of 413 . 43 feet from the Northeast
corner of said Lot 1 ; thence West a distance of 486 . 87 feet
to a point on the Westerly Right of Way line of Clover Lane
as described in Volume 271 , Page 548 , Deed Records , said
County and State , said point also being the TRUE POINT OF
BEGINNING; thence South 00'02 ' 16" West , a distance oY 346 . 73
feet to the Easterly Right of Line of Interstate Highway
Number 5 , as described in Volume 509 , Page 241 , said Deed
Records ; thence South 23 °46 ' 18" East , along said Easterly
Right of Way line, a distance of 127 . 15 feet ; thence
continuing along last said Right of Way line South 18°06 ' 12"
East a distance of 7 .73 feet to a point on the South line
of that tract described in Volume 272 , Page 618 , said Deed
Records ; thence East , along last said South line , a distance
of 49. 21 feet ; thence North 18'06 ' 12" West a distance of
27 .67 feet ; thence North 23 °46 ' 18" West a distance of 161 . 83
feet ; thence North 00'02 ' 16" East a distance of 296 . 05 feet ;
thence West a distance of 29.00 feet to the point of
beginning.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
JAY v,m4
1 D BRAUGHTON
Expires 12/31/99
PROPOSED L;LVV K 'Lfv . Kr✓-ALtl7iv iv1�PJ"1'
EXHIBIT 13- WP
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-, 2800 2700
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PROPOSED NEW ALIGNMENT. eoo
703
- 3 ` 900 .rs9.ty
Z ERNON LUDWIG
9 s 1 � -![ 700 �\ �:C 2 : � '\��. S•
,.:.?,:r. ..... . '%i t. .. , .PROPOSED VACATION . `} : P.i .
IIIOI'
f•Iw.) 1103 1102
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latce
VERNON LUDWIG
1105 �� ].c.a : 7N
— � PARTITION PLAT +. y � �,', moo
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y I (P-12528) \,
1107 0 ' >9�A
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1400 �.
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0.4 1.'2500 v]]gv]v le
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'1500 . .
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2400 ►� . .
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CALE: 1' = 200'
Council Communication
Finance Department
September 15, 1998
Submitted by: Jill Turner
Approved by: Paul Nolte
Approved by: Mike Freeman,%Af
Title:
A resolution of the city of Ashland, Oregon authorizing the reimbursement of expenditures with
reimbursement bond proceeds.
Synopsis:
The city intends to reimburse itself for capital fiber optic network expenditures with bond
proceeds. The IRS requires the city to declare this intent prior to the payment of expenditures.
This is an initial step in the financing of the Ashland Fiber Network..
Recommendation:
Staff recommends approval of the attached resolution.
Background Information:
This is one of the many requirements in the financing process. The cost of the Electric
department staff constructing the network will be reimbursed by the bond proceeds.
N AFiber\Reimburse.wpd
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ASHLAND, OREGON
AUTHORIZING THE REIMBURSEMENT OF
EXPENDITURES WITH REIMBURSEMENT BOND
PROCEEDS
THE CITY COUNCIL OF THE CITY OF ASHLAND, OREGON, RESOLVES:
Section 1. The City of Ashland, Oregon (the "City") expects to make
expenditures from its available funds to pay for the costs of a fiber-optic network, cable
television and telecommunications system (the "Project").
Section 2. The City reasonably expects to issue bonds or other
obligations (the 'Reimbursement Bonds") and to use the proceeds of the
Reimbursement Bonds to reimburse the City for the expenditures it makes from its
available funds for the Project.
Section 3. To permit interest on the Reimbursement Bonds to be
excludable from gross income, the Internal Revenue Code of the United States requires
that the City declare its intent to reimburse itself from Reimbursement Bond proceeds
within 60 days after the expenditures are made.
Section 4. The City expects that the principal amount of the
Reimbursement Bonds will not exceed $6 million.
The foregoing resolution was READ BY TITLE ONLY and DULY
ADOPTED at a regular meeting of the City Council of the City of Ashland on the 15th
day of September, 1998.
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of September, 1998
Catherine M. Shaw, Mayor
R 11 i wed as o for
Paul Nolte, City Attorney
CITY OF ASHLAND
Department of Community Development
Planning Division 1
MEMORANDUM
DATE: September 11, 1998
TO: Honorable Mayor and City Council
FROM: John McLaughlin, Director of Community Development
RE: UPDATE ON BICYCLE AND PEDESTRIAN COMMISSION ORDINANCE
AMENDMENT.
Background:
In April, 1998, the Council reviewed an ordinance expanding the existing Bicycle Commission to
the Bicycle and Pedestrian Commission. Concerns were raised about duplicating duties
between this commission and the Traffic Safety Commission. Specifically these involve powers
and duties related to traffic safety education and bike and pedestrian safety laws. After
discussion with Councilor Laws (council member on the Traffic Safety Commission), it was
determined that it would be most appropriate for the Traffic Safety Commission to retain the
responsibilities associated with transportation safety education, and pedestrian safety laws. The
Bicycle and Pedestrian Commission would be best suited to be responsible for bicycle safety
programs.
Staff Action:
Unless the Council recommends otherwise, Staff will be bringing back the attached ordinance,
with section 2.22.040.B. deleted and 2.22.040.C. modified to only refer to bicycle safety laws
(changes indicated on attached draft).
J
ORDINANCE NO.
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
Annotated to show deletions and additions to the code sections being modified.
Deletions are fined-thfough and additions are shaded.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2.22 of the Ashland Municipal Code is replaced in its entirety to
read:
Chapter 2.22
BICYCLE AND PES
EDTRIAN COMMISSION
Sections:
2.22.010 Established — Membership
2.22.020 Term —Vacancies
2.22.030 Quorum — Rules and Regulations
2.22.040 Powers and Duties — Generally
2.22.050 Reports
2.22.060 Compensation
2 22 010 Established — Membership,Thee is established a Bicycle and Pedestrian
Commission whieh s established and 'shall_consist of seven (7) nine voting members,
one of which shall be a city councilor, and four, including one member frorn the City
non-voting members including a
representative from Rogue Valley Transportation District, theDirector of Community
Development, the Director of Public Works and the Pefieethe Chief of Police.
2.22.020 Term —Vacancies. The term of the voting
members shall be appointed for three-(3)years, expiring on April 30 of each year. Any
vacancy shall be filled by appointment by the mayor, with confirmation by the city
council, for the unexpired portion.of the term terrms. Initially, two (2) members Shall be
appointed to terms expiFing April !990, two (2) nienibem to terms expiring April 30,
1991, and two (2) members to terms expiring April 30, . The seven commission
members currently serving as of the date of this 1998 amendment shall serve their
remaining terms. For the two members to be appointed to the commission as a result of
this 1998 amendment, one shall be appointed to a term expiring April 30, 2000, and
I, one member to a term expiring April 30, 2001.. The successors shall be appointed to
three-(3) year terms. Any member who is absent for four (4)-or more meetings in a one-
year period shall be considered no longer active and the position vacant, and a new
Page 1 -ANNOTATED ORDINANCE(paumrdxbicycie and ped.anompd)
member shall be appointed to fill the vacancy.
2.22.030 Quorum — Rules and Regulations. Four(4)-voting members of the
commission shall constitute a quorum. At its first meeting of the year, the commission
shall elect a chair, vice-chair and a secretary, who shall hold office at the pleasure of
the commission. The commission may make rules and regulations for its meetings,
consistent with the laws of the state and city charter and ordinances, and shall meet at
least once every month.
2.22.040 Powers and Duties — Generally. The primary,purpose powers, daties and
responsibilities of the Bicycle and Pedestrian Commission shall be to advocate the
equal opportunity to use non-automotive=forms of travel,:and to ensure the,development
of-bicycle and pedestrian facilities into;a well'-designed; integ rated:transportation
network for all Ashland citizens. In doing so, the powers, duties and responsibilities of
the commission shall be as follows:
A. . To
promote bicycl ngwand.walking in_A_§,hlandl
C. T,o promote
. afefy lav_ns
programs_:
D. To serve in a liaison capacity between the city and Oregon Bicycle and
Pedestiar Advisory Committee in developing the statewide bicycle and
-,ridi
pedestrian.' program, and in meeting the goals of the State of Oregon
Bicycle Wster andfPedes it Plan.
E. To serve in a liaison capacity between the city and the Jackson County
Bicycle Committee in developing overall coordinated plans for bikepaths
bicycle' facilities and bicycle safety programs.
F.
®n"a
yearly§basis',tOirevleWland rnake`reCOm 'ndat(ons on transportation
protects as�related to bicycle and,pedestnan issues mthe city
G. To
u x . n.. , 8a"i ..,,,,,
rewew�andurecommend transportation pr�olect pnont¢ation,and fundin.`g as
OR fi $:.
related to bicyclea�ndlpedestnan�(ssuesaim°�th�e city:
H. . To=review
and make recommend'ations'�ontfie long=range transportation plans as
related to bicycle andt0 0d .rian issues€of�,the,city
I. Te foster public kiiowledge and stippert of bieyeling laws, enforeeme
needs.and traffic engineering problems and To assist in the
implementation of the Transportation Element of the Comprehensive
Plan.
Page 2 —ANNOTATED ORDINANCE(pauKordmicycle and ped.anompd)
J.
' . To develop and recommend to the city
council and planning commission adoption of ordinances and policies for
the planning and maintenance of bicycle and pedestrian facilities
throughout the city:.
Kr To advise the planning commission in the administration of the site review
process with respect to bicycle and pedestrian facilities and parking.
L. To advise the city administrator and city departments regarding bicycle
and pedestrian issues in the city.
2.22.050 Reports. The commission shall submit copies of its minutes to the city council
and shall prepare and submit such reports as from time to time may be requested of
them by the city council or planning commission.
2 22.060 Compensation.
the City Voting members of the commission shall receive no compensation
for services rendered.
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.
I
II
Catherine M. Shaw, Mayor
Approved as to form:
Paul Nolte, City Attorney
Page 3 —ANNOTATED ORDINANCE(paWftordUcyde and ped.anompd)
J
Robert L. Ingalls --------- .......September 2, 1998
_\SC=-----E
-
343 B Street
- --
Ashland, OR 97520
482-4628
TO: THE MAYOR AND CITY COUNCIL OF THE CITY OF ASHLAND
I, Robert L. Ingalls hereby respectfully request that the following items be placed on
the Agenda for Public Hearing before the City Council:
1. That an ordinance be drawn and presented forbidding the operation of
privately owned motor vehicles in residential areas, except under certain
conditions such as medical or moving.
2. That a resolution be sought to set up parking areas outside the residential areas
and to provide electric shuttle service from the parking lots to people's homes.
3. That southbound Highway 99 from the Plaza to East Main be closed to all but
delivery, emergency and public transportation vehicles, or that air quality
studies be done during heavy traffic hours and the results be posted on signs in
the area.
STATEMENT OF SUPPORT
General
The 14th Amendment of the Constitution of the United States of America specifically
provides that all citizens be equally protected under the law. The City of Ashland has
various ordinances protecting people from dogs, cats, skate boarders, sleepers,
people drinking or smoking in the wrong places, etc., but has failed to protect its
citizens from the real clear and present danger of the Automobile.
Driving a car is a privilege. Drivers are continually infringing upon the rights of non-
drivers with their complete disregard for the environment and endangering the health
and safety of those who choose not to drive or who are unable to drive because of
their age: the children. These are the people who would most benefit from laws set
up to protect us from this growing problem.
In support of my first request residential areas have the most accidents involving
pedestrians and operating motor vehicles in these ares poses the greatest risk to the
children. There are no reasons other than selfishness, greed, laziness and the
complete inconsideration for the future of the children and the environment that we
should not live with the transportation provided in my second request.
page 1 of 2
In support of my third request, the area from the Plaza to East Main on Highway 99
is more or less like a big mall area with very heavy pedestrian traffic, but also very,
very heavy automobile traffic. I think that it is obvious that the health and safety of our
citizens as well as the tourists is in great danger when walking through that area and
that if we can't close this section of road that we should put signs warning people of
the danger.
CONCLUSION
I hereby request made of re-routing traffic, ordinances against driving, setting up
public transportation and parking and environmental studies and signs warning
people of automobile hazards are reasonable to ensure public safety and health of the
citizens of Ashland and are completely under the control and powers of City
government, and that the 14th Amendment of the Constitution is specific that Equal
Protection under the law will be provided to all citizens. So I say to you that non-
drivers have the right to be protected from the effects of driving which is not a right but
a privilege.
Sin rely,
i
obert L. Ingal s
page 2 of 2