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AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
October 6, 1998
Civic Center Council Chambers, 1175 E. Main Street
I. PLEDGE OF ALLEGIANCE: 7:00 p.m., Civic Center Council Chambers.
II. ROLL CALL:
III. APPROVAL OF MINUTES: Regular meeting minutes of September 15, 1998.
4 &a. 4tuiut�S
IV. SPECIAL PRESENTATIONS & AWARDS:
1. Update on the Proposed Regional Modernization Projects for the 2000-
2003 Oregon State Transportation Improvement Plan (STIP).
,2! Mayor's Proclamation declaring October 4 - 10, 1998, as "Fire Prevention
Week."
3! Mayor's Proclamation declaring the month of October, 1998, as "Crime
Prevention Month in Ashland."
V. CONSENT AGENDA:
1. Minutes of Boards, Commissions and Committees. -
�® .".".erg Departmental Reports.
3. Confirmation of Mayor's appointment of Alexander Amarotico to Planning
Commission for a term to expire April 30, 2001.
f}! Appointment of Mayor Shaw and Councilor Wheeldon as voting delegates
to LOC Annual Business Meeting.
VI. 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).
1. Public Hearing regarding Local Improvements for Waterline Road.
2. Public Hearing regarding vacation of a portion of Clover Lane.
-� Council Meeting Pkt.
+ fi fr BARBARA CHRISTENSEN
CITY RECORDER
I�
I
I
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. Motion authorizing the City Administrator to sign contract for architectural
services for the Civic Center and Office Space Remodel Project.
X. ORDINANCES RESOLUTIONS AND CONTRACTS:
1. First reading title only of"An Ordinance Amending the Ashland City
and Chapter of the Ashland Municipal Code to Redefine the Band Board
h and its Duties Including Duties of the Band Director."
x Reading by title only of "A Resolution Authorizing and Ordering the Local
Improvements for Waterline Road from Morton Street 500 Feet Easterly
for the Waterline Road Local Improvement District and Authorizing
Assessment of the Cost of the Improvements against Property to be
Benefitted and Providing that Warrants Issued for the Cost of the
Improvement be General Obligations of the City of Ashland, and
Authorizing the City to Borrow Money and Issue and Sell Notes for the
Purpose of Providing Interim Financing for the Actual Cost of the Local
Iroeent."
3. "An Ordinance Vacating a Portion of Clover Lane on
perty Owned by Vernon Ludwig Near Interstate 5 and Highway 66."
Xl. OTHER BUSINESS FROM COUNCIL MEMBERS:
XII. ADJOURNMENT:
Reminder: A Special Council Study Session
will be at 1:30 p.m. on Wednesday, October 7
to discuss the LID Committee Report.
h' An executive session will be held on Tuesday,
October 20 at 6:00 p.m.to discuss City
Administrator Six-Month Evaluation.
September 15, 1998
Mr. Shurman A. Gardner
615 Faith Avenue
Ashland , Oregon 97520
Dear Mr . Gardner:
I was not able to attend the public hearing for
the Ashland Fiber Network which the City Council held on
September 1st . I did , however, hear the testimony on TV.
In my view your testimony that the AFN might be in
violation of Oregon 's Constitution merited consideration and
public discussion. The Mayor abruptly cut off consideration
and discussion with the curt comment that she "read the words
of the Constitution differently" . The Mayor then quickly
called for the next speaker. Neither the City Attorney nor
any member of the Council responded to the Constitutional
issues . At a minimum, the City should have a written inde-
pendant legal opinion on the Constitutional issues . The City
Attorney is probably not the one to give an objective, inde-
pendant opinion. He often seems to act as an advocate for
policies that the City Government wants .
A 1996 pamphlet on "Public Subsidies , Private Gain :
Stop Violating the Oregon Constitution" is enclosed . It pre- _
sents views supportive of your testimony. I would have sent
this earlier but did not have your address until the September
1st Meeting minutes were available.
The Governing Body ' s appears to have an attitude
that the AFN is a "done deal" . A Constitutional challenge
would be a long, costly legal battle. Because of health
problems ( I 'm 80 years old ) , I do not have the time, the
energy , nor the money to fight such a battle.
Sincerely yours ,
� t (
John W. Nicholson
1575 Greenmeadows Way
Ashland , Oregon 97520
Phone: 982-9161
MEAN
MA , •
FISCAL INSIGHT
#13
September 1996
Public Subsidies, Private Gain
Stop Violating the Oregon Constitution
By Professor Dale F. Rubin
Consider the following hypothetical situations: answer will be the same: the expenditures are legal
(1) You are an honest, law-abiding, tax-paying because they are expended for a"public purpose."
citizen who has never had an interest in professional But this response is simply wrong. The Public
sports. Your city council decides to incur debt and spend Purpose Doctrine was not created to provide the legis-
millions of dollars to persuade the wealthy owner of a lators an excuse to spend taxpayer dollars on whatever
professional sports team to locate in the city in which project they choose.Furthermore,the Oregon Constitu-
you live.You are informed that the price of the ticket to tion contains clear and unambiguous clauses that ex-
attend a game in which the team is involved is so high
that you could never afford to go even if you wanted.
Your children,who attend public schools,are not being
properly educated because schools are not adequately
funded. What is currently happening in our
country in connection with public
(2)You are the owner of a small retail outlet and a subsidies to private corporations
believer in the free enterprise system where business cries out for a solution.
people rely on their individual ingenuity to become
successful. Your state legislature decides to incur debt
and spend millions of taxpayer dollars to persuade the
board of directors of a major corporation to construct a
large retail franchise operation in your city, which plicitly prohibit the legislature and political subdivi-
puts you out of business. sions from giving any aid to private individuals or
corporations, which of course includes professional
By now you realize that the above examples are not sports teams and powerful corporate franchisors. In
really hypothetical. They are situations which are in fact f act,the courts' misuse of the Public Purpose Doctrine
occurring repeatedly throughout the country. How can has enabled public entities to spend public dollars on
such public expenditures be justified? If you ask a almost any private project in spite of the specific
legislator or petition the court for an explanation, the constitutional prohibition.
CASCADE POLICY INSTITUTE
813 SW Alder, Suite 707
Portland, Oregon 97205
(503)242-0900 242-3822 FAX
e-mail:info@CascadePolicy.org mbsife:hgpJMv .CascadePolicy.org
i
heyday of their prosperity by sojourners and
Article XI, Sections 7 and 9,of the Oregon Consti- irresponsible inhabitants, to be paid when the
tution prohibit the State and its political subdivisions bubble has collapsed, by those who may come
from pledging its credit in aid of any public or private after them. We ought to take heed from Califor-
person,company or corporation,or making any dona- nia,and shut the door against this gigantic evil.
tion or grant to such persons or entities: Needy and healthy improvements could be pros-
ecuted without this power to contract debt -- a
Section 7. Credit of state not to be loaned- power almost certain to be abused. He was not
limitation upon power of contracting debts. The opposed to improvements,but wanted them to be
Legislative Assembly shall not lend the credit of on an honest and healthy basis.'
the state...
/Section 9. Limitations on powers of county or
city to assist corporations. No county,city,town In the 19th Century, to induce
or other municipal corporation, by vote of its railroads and sometimes canal
citizens, or otherwise, shall become a stock- companies to build to or
holder in any joint company, corporation or
association, whatever, or raise money for, or through them, many municipal
loan its credit to,or in aid of,any such company, corporations gave them tax
corporation or association. money, credit or other
Sections 7 and 9 are commonly referred to as valuable advantages.
"Lending of Credit"provisions. Similar provisions are Economic disaster frequently
contained in at least forty-five of the fifty state consti- followed When the railroad
rations. failed in its obligations.
Lending of credit provisions and the public
purpose doctrine were intended to limit the power of
the legislature to spend tax dollars. [Mr.Boise]...wished to see incorporated compa-
nies placed under disabilities. He referred at
This is an extremely important point. The governing length totheir history in Massachusetts and New
body does not have unfettered discretion to spend public England, and expressed the opinion that the
monies. An examination of the history of the Oregon people of those states would today possess more
Constitutional Lending of Credit Provisions and the personal independence,and more physical,moral
early court decisions amply support this assertion. The and intellectual greatness, had they never been
provisions were inserted in the original Constitution of cursed with their gigantic manufacturing estab-
Oregon in 1857 as a result of the disastrous experience lishments. They enslaved and impoverished the
that the state had endured in attempting to finance operatives,and governed,as with a rod of iron,
internal improvements,particularly railroad construc- the state. He believed it would be better for
tion byprivate railroad companies.Witness the attitude Oregon to do its manufacturing by individual
of certain Oregon legislators in the Oregon Constitu- enterprise'
tional debates in 1857 concerning the power to incur
debt and the attitude toward corporations in general: The Oregon Supreme Court also acknowledged the
unsavory history of state involvement in internal im-
Mr. Chadwick said we were peculiarly situated provements in Carruthers v. Port of Astoria'(1968),
here.Towns spring up upon atemporary basis in and stated:
some instances. Debts were incurred in the
Cascade Policy Institute
Fiscal Insight#13
Page 2
In the 19th Century,to induce railroads and Down South,forexample,in Baileyv. CityofTampa'
sometimescanal companies to build to or through (1926), the Florida Supreme Court stated:
them, many municipal corporations gave them
tax money, credit or other valuable advantages. The reason for this [the 1875 lending of credit
Economic disaster frequently followed when the amendment] was that during the years immedi-
railroad failed in its obligations. The obligations ately preceding its adoption,the state and many of
of the municipalities were general in character, its counties, cities, and towns had by legislative
and the general taxpayers were required to pay enactment become stockholders or bondholders
for the defaults. Restrictive provisions such as 7 in,and had in other ways loaned their credit to,and
and 9, Art. XI of the Oregon Constitution were had become interested in the organization and
enacted to protect the public credit against such operation of,railroads,banks,and other commer-
raids. They were placed in constitutions in order cial institutions. Many of these institutions were
that pressures of the moment could not over- poorly managed, and either failed or became
whelm legislatures,municipal ovg emin boards oards heavily involved,and,as a result,the state,coun-
and councils, and even local elections. Where ties,and cities interested in them became respon-
restrictive provisions were not placed in consti- sible for their debts and other obligations. These
tutions,similar restrictions were enforced by the obligations fell ultimately on the taxpayers. Hence
courts through the device of restricting use of the amendment, the essence of which was to
public money or credit to public purposes.' [Em- restrict the activities and functions of the state,
phasis added] county and municipality to that of government
and forbid their engaging directly or indirectly in
commercial enterprises for profit.' [Emphasis
added]
Massive debt, corruption, waste The Maryland Supreme Court,as late as 1976,spoke
and unsavory political practices to the issue in Secretary of Transportationv.ManC:jso7
had a severe impact nationally. (1976)when it Stated:
Can anyone seriously argue
that similar conditions The debates of the Constitution Convention of
1850 abound with references to the difficulty of
do not exist today? marketing State bonds due to the State's poor
credit condition at that time. This situation re-
sulted from the State's extension of long-term
credit to railroad and canal companies from 1820
The Carruthers case will be discussed in more detail to 1840, generally by means of the State's sub-
later in this paper. scription to the securities of the companies. By
1841 The State's financial security was threat-
It cannot be overly emphasized that the conditions ened by the failure of the foregoing investments
which gave rise to the insertion of the lending of credit (or general revenues)to produce funds sufficient
of provisions in the Oregon Constitution were not to pay the State's debt service requirements.
peculiar to Oregon. Excessive state and municipal debt
resulting from public involvement in railroad construc-
tion was a nationwide scandal. Thus, various other It is thus clear that one of the purposes of the
state supreme courts asserted similar rationales for the constitutional debt provision was to guard a ag inst
insertion of lending of credit provisions in their respec- future credit abuses by including within its pur-
tive state constitutions. view any evidence of State indebtedness which is
Cascade Policy Institute
Fiscal Insight#13
Page 3
secured by its taxing power.'[Emphasis added] issue warrants in excess ofthe debt amount specified by
the Oregon Constitution, the court stated:
The situation in Washington state was no different.
In the case of Rauch v. Chapman' (1897), the court These citations[referring in part to the lending of
opined: credit provisions]are sufficient to show the spirit
which pervades the constitution,and to indicate
A recurrence to the history of the times will show the eamess[sic]solicitude of its framers to guard
that many of the counties and municipalities had the people whose fundamental law it is against
become largely indebted, beyond their capacity the burdens of corporate debts and `entangling
to pay for public improvements of various kinds. alliances'with corporations.But in giving effect
In many of these states for a considerable period to that provision [the debt ceiling provision] of
of time, the counties and municipalities aided the constitution under consideration we need not
railway building, and many of them became resort to extrinsic matters, nor even to other
bankrupt by reasons of the obligations and li-
abilities incurred in such aid of various other
public improvements which were deemed advan-
tageous in the rapid development of the territory The language in these provisions
included within the county. Hence another limi- is absolute: no means no.
tation upon the power of counties and other
municipalities to incur indebtedness is found in
these recent constitutions which found exores- portions of the instrument. Its language is plain
sion in that of our state in Section 7 of Article 8 and mandatory. Words,when found in a consti-
[the Washington lending of credit orovisionl.10 tution,as well as in a statute,areto be understood
[Emphasis added.] in their ordinary signification. That which is
plainly expressed admits of no construction "
Various cases from around the country have been
quoted here to impress upon the reader the gravity of the Considering the history which gave rise to the
conditions which formed the basis for the lending of insertionofthe lending ofcredit provisions andtheplain
credit provisions. Massive debt, corruption, waste and language of the provisions, can there be any other
unsavory political practices had a severe impact nation- interpretation but that of a virtually absolute prohibi-
ally. Can anyone seriously argue that similar conditions tion of public aid to private corporations?
do not exist today?
Unfortunately, the answer to the aforementioned
It is important to emphasize some of the wording of question is fraught with ambiguity. While Oregon
the Oregon Lending of Credit Provisions: courts have referred to the lending of credit provisions
and prohibited the expenditure of public funds, such
Section 7:"The Legislative Assembly shallnot courts, seemingly smitten by judicial schizophrenia,
lend the credit of the state..." have created exceptions to the constitutional provisions
and allowed such expenditures in the same or similar
Section 9:"No county,city...shall raisemoney situations. An examination ofthe cases that applied the
for, or loan its credit to...." language of the lending of credit provisions and prohib-
ited aid to private corporations stands in stark contrast
The language in these provisions is absolute: no means to the facile reasoning employed by other courts to
no. Oregon courts have long recognized that constitu- justify such aid.
tional provisions should be given the meaning the draft-
ers intended. In Wormington et al. v. Pierce" (1892), With respect to those cases that have prohibited such
which involved an attempt by the county of Umatilla to aid,the case of Hunter v. City of Roseburg"(1916)is
Cascade Policy Institute
Fiscal Insight#13
Page 4
a good starting point. This case involved the constitu- aid them, and to do so would bind this court by a
tionality of an act passed by the electorate of the City precedent which,while it might work a temporary
of Roseburg to authorize the issuance of bonds in the benefit to that community, would in the end be
amount of$300,000 for the purpose of constructing a detrimental to the best interests of the people as a
railway,the primary beneficiary of which would be a whole. We hold the charter amendment wholly
lumber company. There is no question that the town void and of no effect.'s [Emphasis added].
would have benefitted from the railway. Nevertheless,
the Oregon Supreme Court, exhibiting cogent and In Barde v. Funk16(1933),the Oregon Supreme Court
compelling logic, determined that the act was uncon- faced the question of whether the City of Portland could
stitutional: issue bonds the proceeds of which would be used as
security to redeem scrip which had been previously issued
...can it be said that the city is not attempting to by "public-spirited citizens" engaged in relief efforts
raise money for,or loan its credit to,or in aid of, during the depression. The purpose ofthe plan was to give
the corporation? Viewed from any standpoint some relief to the unemployed during the depression. The
indicated by the contract it is a plain violation of Court held that the use of bond revenues to redeem scrip
our organic law. violated Art. XI Section 9:
As we understood the oral argument of plaintiffs
[city of Portland],the issuance of the scrip in suit
In spite of the country's pathetic is not deemed to be the authorized act of the
history involving the commingling officials of the county or the city,but only the act
of public and private funds..., of public-spirited citizens who seek to use the city
officers as agents merely in carrying out the enter-
modern court decisions have prise. This renders the obligations incurred by the
created such broad exceptions issuance and circulation of such scrip mere private
to the lending of credit provisions debts; and certainly there is no authority in the
that such provisions currently charter or elsewhere for pledging the credit of the
city of Portland for the payment of private indebt-
are virtually meaningless. eaness.�7
The Barde case is significant in yet another respect.
The court also spoke to the duty of the court to follow the
Heeding the language of the Hunter case,the Court in wording of the constitution irrespective of whether the
Haukev. Ten Brook"(1927)invalidated a city charter decision has unpleasant effects. While acknowledging
amendment which empowered the City of Astoria to that its decision would have a deleterious effect on the
release any liens or assessments imposed on the Astoria unemployed, the Court stated:
Box and Paper Company in an effort to assist the
company in rebuilding its fire-ravaged waterfront. This court is composed of men,each of whom has
The Court stated: felt the biting effect of the general depression,and
each of whom sympathizes with,and to the extent
We are not unmindful of the heavy burdens of his ability contributes to,the relief of the unem-
which the great calamity of fire has inflicted ployed.... We s3ppathize with the unemployed,
upon the citizens of Astoria and sympathize but our sympathy cannot alter the course of our
with them in every lawful effort to rehabilitate sworn duty to declare the law as it is and not as the
their community, but there are well defined distressing circumstances attendant upon the case
limitations beyond which the city cannot go and at bar cause us to wish it to be. We are unable to
therefore beyond which this court cannot go to construe the charter provision in suit as conferring
Cascade Policy Institute
Fiscal Insight#13
Page 5
any authority upon the city to pledge the bonds in Thus, in Carnrthers v. Port of Astorra 20 (1968),
the manner sought by the suit herein or at all.1B which involvedthe issuanceby the port authorityofself-
liquidating revenue bonds to finance the building of
Finally, the Oregon Attorney General's Office has wharves and a plant to be leased to a private corporation,
applied the lending of credit provisions in a literal the court declared that the bond issue did not constitute
context. In response to an agency inquiry whether a lending of credit in violation of Art XI Section 9. Since
contributions to the Space Age Industrial Park Develop- the bonds were to be repaid from revenue derived from
ment Association,a private corporation,were in accor- the"rentals and other moneys derived from the lease of
dance with the constitutional lending of credit provi- the project"and not through an issue of general obliga-
sions,the Attorney General stated: tion bonds,the public credit was not at risk and therefore
there was no constitutional violation."
The most that can be said here is that clearly the
section of the constitution in question was meant Many other state courts have taken the same posi-
to prevent each of the possibilities suggested by tion.But the logic of the minority ofcourts that have held
the cases cited, [to prevent speculation and/or the such transactions to be covered by the constitutional
investment of public funds in private enterprise]. prohibition appears irrefutable.
In fact, Article XI [section] 9, was intended to
prevent the union of public and private capital in
any enterprise whatever" [Emphasis added.] The issuance of revenue bonds
In spite of the country's pathetic history involving by the public entity is the
kind of benefit that the
the commingling of public and private funds,in spite of
the considerable constitutional legislative intent indicat- constitution prohibits.
ing unflinching support for the insertion of lending of
credit provisions, and in spite of the fact that early
Oregon courts weighed in heavily against aid to private
corporations,modem court decisions have created such
broad exceptions to the lending of credit provisions that In State ex rel. Beck v. City of York"(1957), which
such provisions currently are virtually meaningless. was cited in Carndhers,the Nebraska Supreme Court
was called upon to decide the constitutionality of a
proposed municipal revenue bond issue,the proceeds of
u Revenue Bond which would be used to construct and leaseback to a
private firm various industrial buildings. The Court
Exception held the scheme unconstitutional and in the process
made several pronouncements that are particularly ap-
Oregon courts have ruled that the issuance of rev- plicable to revenue bonds:
enue bonds by the public entity does not constitute a It is true that the revenue bonds are not a eneral
lending of credit and therefore does not violate the g
constitutional provisions. The debt service on revenue liability the city and they are not subject to
bonds is paid from the proceeds of the project financed Payment th roughtheexerciseofthetaxingpower.
by the bonds. The full faith and credit of the issuing But they do cause burdens upon the city with
entity is not pledged to secure payment on the bonds. reference to their issuance and payment. Thecity
This was the evil that the lending of credit provisions and its officers are charged with the duty of fixing
were designed to protect against. and collecting the rentals from which the revenue
bonds are to be paid....The city is the payer ofthe
bonds and it is primarily liable for their payment.
Cascade Policy Institute
Fiscal Insight#13
Page 6
The bonds become obligations of the city. The rule is referred to as the Public Purpose Doctrine. The
fact that the means of payment is limited does not basic premise of the doctrine is simple: Public monies
make it any less so. may only be spent for"public purposes." As one might
expect, a straightforward rule that was created to limit
*************** expenditures of tax dollars has been so distorted by the
courts that it is totally ineffective. But it was not always
If evidences of indebtedness by interested private that way.
persons are inadequate and revenue bonds of the
city are sufficient,either the credit of the city has The public purpose doctrine was initially pronounced
been extended or their purchasers are victims of in 1853 in the case ofSharpless v.Mayor ofPennsylva-
a base delusion. It seems clear to us that the nia" This case involved a taxpayer lawsuit against the
revenue bonds are issued by the city in its own City of Philadelphia to prohibit the city from issuing
name to give them a marketability and value bonds,the proceeds of whichwould be used to purchase
which they would not otherwise possess Iftheir railroad stock. The taxpayer was concerned that the
issuance by the city is an inducement to industry, incurring of debt by the public entity for the purpose of
some benefits must be conferred, or it would be
no inducement at all." [Emphasis added.]
Even more poignant is the language of the United It is no longer politic that the
States Supreme Court in Maeallen Co. v. Common- State Should Supply the means of
wealth of Massachusetts"(1929): locomotion by rail to the people,
and this species of work is there-
constitutional cannot ri done directly because of a fore remitted to the care of private
constitutional restriction cannot be accomplished
indirectly by legislation which accomplishes the enterprise, and cannot be aided
same result.... Constitutional provisions,whether by the public funds, any more
operating by way of grant or limitation,are to be than any other private undertaking
enforced according to their letter and spirit, and
cannot be evaded by legislation which, though which in like manner falls outside
not in terms trespassing on the letter, yet in the line of distinction indicated.
substance and effect destroy the grant or limita- The People v. Salem
tion 35
Clearly the issuance of revenue bonds is an attempt to
skirt around the lending of credit provisions. Further- investing in private enterprise was not a public purpose.
more,as the Beck case stated above,the language of the The court allowed the money to be used to purchase the
constitutional provisions is aimed at prohibiting the stock but only because the court deemed the railroad to
public entity from using its status as a public body from be performing a public function, namely the construc-
conferring a benefit on a private corporation. The tion of an internal improvement which the public entity
issuance of revenue bonds by the public entity is the kind traditionally performed: "A Railroad is a public high-
of benefit that the constitution prohibits. way for the public benefit, and the right ofa corpora-
tion to exact a uniform,reasonable,stipulated toll from
The Public Purpose Doctrine those who pass over it, does not make its main use a
private one".11 The court was emphatic,however,that
As mentioned previously,there is ajudicially created public aid to private corporations not performing tradi-
rule which was also designed to impose a limit on the tionally public sector projects was not for a public
power of the governing body to spend tax dollars. This purpose:
Cascade Policy Institute
Fiscal Insight#13
Page 7
private corporation. Justice Cooley's reason for deny-
But the right of eminent domain cannot be used ing the aid seems prophetic:
for private purposes;and therefore if a railroad,
canal, or turnpike,when made by a corporation, . . . these provisions in our constitution do
is a mere private enterprise,like the building of a preclude the state from loaning the public credit
tavern,store,mill,or blacksmith's shop [the use to private corporations,and from imposing taxa-
of eminent domain is unconstitutional].38 tion upon its citizens or any portion thereof in aid
of the construction of railroads. So the people
Three subsequent cases, The People ex rel, The supposed when the constitution was adopted.
Detroit and Howell Railroad Co. v. The Township Constitutions do not change with the varying
Board of Salem" (1870) (the opinion of which was tides of public opinion and desire' and it cannot
written bythe legendary MichiganjuristThomas Cooley), be permissible to the courts that in order to aid
Bay City v. The State Treasurer"(1871)(also aJustice evasions and circumventions,they shall subject
Cooley opinion) and Loan Association v. Topeka" these instruments ... to a literal and technical
(decided in 1874 by the United States Supreme Court)
placed a much more restrictive interpretation on the
Public Purpose Doctrine than did the Sharpless case.
In The People v. Salem, which involved a plan to No line can be drawn in favor of
issue bonds to aid in the construction of a railway to be the manufacturer which would
owned by a private corporation, Justice Cooley stated: not open the coffers of the public
It was at one time in this State deemed true policy treasury to the importunities of
that the government should supply railroad facili- two-thirds of the business men
ties to the traveling and commercial public, and of the city or town.
while that policy prevailed,the right of taxation Loan Association v. Topeka
for the purpose was unquestionable. Our policy
in that respect has changed: railroads are no
longer public works but private property indi-
viduals and not the State own and control them construction as if they great public enemies
for their own profit the public may cap many standing in the way of progress and the duty of
and large benefits from them and indeed are every Food citizen was to get around their provi-
expected to do so but only incidentally.and only sions whenever convenient. They must construe
as they might reap similar benefits from other them as the people did in their adoption . 3d
modes of investing private capital. It is no longer
politic that the State should supply the means of
locomotion by rail to the people.and this species Finally,the ruling of the United State Supreme Court in
ofwork is therefore remitted to the care of private Loan Association v. Topeka 35(1874)should remove all
enterprise and cannot be aided by the public doubt that public monies expended to aid private enter-
funds any more than any other private undertak- prise are not for a public purpose and are therefore
ing which in like manner falls outside the line of unconstitutional. The Topeka case involved an effort by
distinction indicated. Z [Emphasis added] the City of Topeka to issue bonds payable to a private
corporationto encourage the corporationto locate in the
In Bay City v. The State Treasurer73(1871),which city. The Supreme Court,in deciding that the issuance
also involved bond aid to railroads, the Court struck of the bonds was not for a public purpose stated:
down a scheme as not being for a public purpose in that
the plan involved the payment of public monies to a
Cascade Policy Institute
Fiscal Insight#13
Page 8
But in the case before us, in which the towns are (1980), the city established a downtown development
authorized to contribute aid by way oftaxation to district and granted free parking to the public and
any class of manufacturers,there is no difficulty advertising for downtown businesses. Inresponsetothe
in holding that this is not such a public purpose as contention that the city was using public tax money for
we have been considering. If it be said that a private purposes the Court stated:
benefit results to the local public of a town by
establishing manufacturers,thesamemay besaid We agree with the circuit court that the City has
of any other business or pursuit which employs shown that there would be a general benefit to the
capital or labor....No line can be drawn in favor economy of the City as a result of the economic
of the manufacturer which would not open the improvement of the City's central business dis-
coffers of the public treasury to the importunities trict. Thus the City's program of free parking
of two-thirds of the business men of the city or and District advertising serves a legitimate pub-
town. [Emphasis added.] lic pumpose [Emphasis added].
Obviously, these landmark cases were decid- But is this the message that is to be gleaned
edly against public aid to private corporations. As from the Sharpless,Salem and Topeka cases? Were not
Professor Ellis Waldron stated in his work,"The Public these cases very specific in prohibiting aid to private
Purpose Doctrine of Taxation": corporations? And did not Topeka expressly prohibit
the equating of public purpose with public benefit? If
The proposition that private interests might not the Oregon judiciary would give proper respect to the
enjoy public largesse was a major corollary im- considerable and well-thought-out-case precedent, the
plicit in the commonly accepted argument that Public Purpose Doctrine would still have some teeth in
railroads might benefit from public funds because it and properly serve its purpose of imposing a limita-
they further public purposes. " tion on the power of the governing body to spend tax
dollars.
Finally, the total responsibility for the subsi-
If the Oregon judiciary would dies extended by public entities to private corporations
give proper respect to the does not rest solely with irresponsible court rulings. A
large share of the burden should be home by those
considerable and well-thought- public officials who enact the legislation authorizing
out-case precedent, the Public the corporate give-a-ways. But as former Senator Sam
Purpose Doctrine would still Ervin said:
have some teeth in it ... Every Congressman is bound by his oath to
support the Constitution,and to determine to the
best of his ability whether proposed legislation is
Equally as obvious is the willingness of these courts to constitutional when he casts his vote in respect to
play an active role in the determination of what is a it."40
public purpose.
The same can be said of state and local public officials
How have modem Oregon courts applied the with respect to the Oregon constitutional lending of
Public Purpose Doctrine? The answer is that the courts, credit provisions.
by equating public purpose with public benefit have so
broadened the scope of the doctrine as to render it Furthermore,in response to legislative protes-
ineffectiveas a tool to limit the power ofthe public entitA tations that public officials only do what the courts
to spend tax dollars. In Jarvill v. City of Eugene
Cascade Policy Institute
Fiscal Insight#13
Page 9
tations that public officials only do what the courts About the Author
allow,heed the words of Andrew Jackson,spoken over
150 years ago: Dale F. Rubin is a graduate of Stanford
University and the Boalt Hall Law School
If the opinion of the Supreme Court covered the at the University of California Berkeley.
whole ground of this act [referring to the act to He is Editor of the Oregon State Bar Busi-
recharter the U.S. Bank], it ought not to control ness LawDigestand holds two positions
the coordinate authorities of this Government. withtheAmerican Bar Association: Chair-
The Congress the Executive,and the Court must person of its Public Transportation Com-
each for itself be guided by its own opinion of the mittee, and Governing Council member
Constitution. Each public officer who takes an of its State and Local Government Sec-
oath to support the Constitution swears that he tion. He is a former Professor of Law at
will support it as he understands it, and not as it
is understood by others. It is as much the duty of Willamette University In Salem, and re-
the House of Representatives,of the Senate,and sides in Turner, Oregon.
of the President to decide upon the constitutional-
ity of any bill or resolution which may be pre-
sented to them for passage or approval as it is of
the supreme court judges when it may be brought
before them for judicial decision. The Minion of
the fudges has no more authority over Congress
than the opinion of Congress has over the fudges,
and on that point the President is independent of Footnotes
both. The authority of the Supreme Court must
not therefore, be permitted to control the Con- 1. Carey,THE OREGON CONSTITUTION,PROCEEDINGS
gress or the Executive when acting in their legis- AND DEBATES OF THE CONSTITUTIONAL CONVEN-
lative capacities,but to have only such influence OF 1857,pp. 270-271.
as the force of their reasoning may
deserve. I[Emphasis added.] 2. /d.at p. 264.
3. 249 Or. 329,438 P.2d 725 (1968).
4. Id. at 727,citing Notes, 59 CoLum.L. REV.
Conclusion 618,629(1959)and 66 HARv. L. REV. 898 (1953).
History provides the context for why limitations
must be imposed on the governing body with respect to 5. Bailey v. City of Tampa et al., 111 So. 119
the expenditure of public monies. What is currently (1926).
happening in our country in connection with public 6. Id. at 120.
subsidies to private corporations cries out fora solution.
Strangely enough,we have the tools at our disposal: the 7. Secretary of Transportation v. Mancuso, 359
state constitutions. All we have to do is read them and A.2d 79(1976).
follow their dictates.
8. Id. at 81.
9. 16 Wash. 568(1897).
Cascade Policy Institute
Fiscal Insight#13
Page 10
10. Id. at 574. 27. Id, at 169.
11. 22 Or. 606, 30 P. 450(1892). 28. Id. at 170.
12. Id. at 452,citing People v. Wall, 88 III. 75 29. 20 Mich. 452 (1870).
30. 23 Mich. 499(1871).
13. 80 Or. 588, 156 P. 267(1916).
31. 87 U.S. (20 Wall)655 (1874).
14. 122 Or. 485,259 P. 908(1927).
32. Id. at 486.
15. Id. at 910.
33. 23 Mich. 499(1871).
16. 144 Or. 233, 24 P.2d 334(1933).
34. Id. at 505.
17. Id. at 337.
35. 87 U.S. (20 Wall)655 (1874).
18. Id, at 338.
36. Loan Association v. Topeka, 87 U.S. at 665
19. 31 Op. Att'y Gen. 20, 21 (1962). (1874).
20. 249 Or. 329,438 P.2d 725 (1968). 37. Ellis Waldron, The Public Purpose Doctrine of
Taxation,p. 234(1952)(on file with the WILLAMETTE LAW
21. Id. at 729. REVIEW).
22. 164 Neb. 223,82 N.W.2d 269(1957). 38. 289 Or. 157,613 P.2d 1 (1979).
23. 82 N.W.2d at 271, 272. 39. Id. 613 P.2d at 8.
24. 279 U.S. 620, 49 S.Ct. 432, 73 L.Ed. 874 40. P. Schuck,THE JUDICIARY COMMITTEES 175(1975)
(1929). (quoting Senator Sam Ervin).
25. Id. at U.S. 629.
41. A COK4PILATION OF THE MESSAGES AND PAPERS OF
26. Sharpless v.Mayor of Pennsylvania, 21 Pa. 147 THE PRESrDENTS 1144-45 (James D. Richardson ed. 1897-
(1853). 1925).
Nothing written here is to be construed as necessarily reflecting the views of
Cascade Policy Institute, as an attempt to aid or hinder the passage of any
legislation, or as an endorsement of any candidate or initiative.
This report was authorized and paid for by Cascade Policy Institute.
Permission to reprint granted provided proper credit is given. ISSN: 1078-4861
Cascade Policy Institute
Fiscal Insight#13
Page 11
CASCADE POLICY INSTITUTE
Oregon's Free Market Think Tank
813 SW Alder, Suite 707
Portland, Oregon 97205
phone: (503) 242-0900
fax: 242-3822
e-mail: info @CascadePolicy.org
homepage: http://www.CascadePolicy.org
CASCADE POLICY INSTITUTE was formed in January, 1991 to become Oregon's market-
oriented public policy research organization —better known as a think tank. With a respect for
individual liberty and market forces, Cascade's mission is to explore voluntary, market-oriented
answers to Oregon's public policy questions. Cascade joins a growing movement of over sixty such
state and national organizations in bringing this market-oriented perspective to Oregon.
Cascade is a 501(c)(3)not-for-profit,non-partisan educational organization. Focusing on the state
of Oregon,Cascade is not affiliated with any other group or organization,although our research and
information is available to everyone,whether or not they support our work. While the Institute itself
does not lobby or endorse candidates or initiatives, it acts as a vehicle for individuals to research
and comment on a wide range of issues such as education, health care, state budget policies, and
the environment.
Cascade is supported by over 800 individual donors, who provide most of our budget. Our
supporters hold a wide range of viewpoints, from conservative to libertarian; from neo-liberal to
classical liberal. What unites us is a desire to achieve our goals through voluntary,peaceful means,
while remaining tolerant of our differences. We know government is often unable to solve society's
problems for reasons too few understand. We neither solicit nor accept government funding, but
instead rely on tax-deductible contributions from foundations, corporations and individuals.
STAFF: STEVE BUCKSTEIN,President TRACIE SHARP, EzecutiPe Director
KURT T.WEBER,Program Director PATRICK STEPHENS,Program Assistant
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
September 15, 1998
CALL TO ORDER
Mayor Shaw called the meeting to order at 7:15 p.m., in the Civic Center Council Chambers.
ROLL CALL
Councilors Laws, Reid, Hauck, Hagen, Wheeldon, and DeBoer were present.
APPROVAL OF MINUTES
The minutes of the regular meeting of September 1, 1998 were approved as presented.
The study session minutes approved at the previous meeting were discussed, noting that it was Council's
understanding that the weight limits on Oak Street were to be revisited after the traffic calming measures are in
place.
SPECIAL PRESENTATIONS & AWARDS
1. Presentation of Certificate of Achievement in Financial Reporting to Director of Finance Jill
Turner.
Director of Finance Jill Turner was presented with the tenth consecutive Government Finance Officers
Association (GFOA) award. Emphasized that this is the highest award available from GFOA, and it serves to
recognize the high standard the City of Ashland holds itself to. Noted that the City's annual audit document has
been reviewed by a GFOA panel, and explained that an audit document reflects the financial condition of the City,
and provides a narrative of long-range planning, handling of overages and deficits, and points out liabilities.
Pointed out that Ashland is among the less than 15% of Oregon cities to receive this award (there are only 35
Oregon recipients). Emphasized that this certification will be important in bonding and financing, is a positive
statement about the City as an organization, and is an indication that the City is financially credible to its
constituency. Also noted that Turner has received statewide recognition and has been elected to the board of the
Oregon Finance Officers Association.
2. Presentation regarding "SmartWood" Certified Sustainable Forest Programs.
Cate Hartzell/881 East Main Street/Briefly introduced forester Steve Gretzinger, and explained that the City's
support of this program would set an example and stimulate markets. Wanted to gauge the Council's interest in
the program.
Steve Gretzinger, a forester with the Rogue Institute of Ecology and Economy (RIFE), provided some
background information on the SmartWood Program. Emphasized the need to convince those in the industry that
they can protect environmental values while offering revenues. Stated that the program is a way to reward good
forest managers, an educational tool for urban dwellers, a tool to reach consensus on forest management, and a
means to bring environmental and wood products industry groups together.
Explained that this is a third party, independent forestry certification program, that is market driven and allows
consumers to demonstrate support for good forest management practices. Noted that cities such as Berkeley,
Austin, and San Antonio have adopted ordinances to use certified wood products for public works projects,
thereby building public awareness of the program. Stated that this evening's presentation is intended to introduce
the program, and that he would be willing to assist the City in preparing an ordinance at a later date.
City Council Meeting 09-15-98 1
Council discussion of preparing an ordinance, with the suggestion that the ordinance be
referred to the
Conservation Commission and the possibility of certifying the City's forest management practices be referred to
the Forest Lands Commission. Noted the need for a public meeting to bring together timber industry and
environmental groups to make them aware of the program.
Discussion of how an ordinance of this nature would be applied to the bidding process. It was clarified that up to
10% more could be paid to get certified wood, and contractors would have the option of preparing a bid that did
not include certified wood products. Councilor Reid noted the need for legal research on competitive bidding
requirements. Councilor Hagen pointed out that the City's buys a lot of wood for maintenance, and could
purchase certified wood. Gretzinger stated that for bids, the ordinance should be a voluntary price preference,
rather than a requirement that certified woods be used exclusively.
Mayor Shaw stated that this issue should be forwarded to both the Forest and Conservation Commissions for a
presentation, with the directive that they seek certification of city forests and draft an ordinance as discussed.
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.
II Councilors Hauck/Hagen m/s to accept the consent agenda. Voice vote: All AYES. Motion passed.
PUBLIC HEARINGS
None,
PUBLIC FORUM
Bob Taber/97 Scenic Drive/Unable to attend tomorrow's study session regarding Rogue Valley Transportation
District(RVTD) service levels. Noted previous discussion of a transportation hub on Eighth Street, and urged
Council to consider investigating the possibility of such a hub again. Also stated that Councilor Laws' proposal
of an increased Transportation Utility Fee to support alternative transportation is good idea. Urged Council to
adopt the proposal, or move the issue to a public hearing.
Pi David Fine/735 Frances Lane/Noted the existence of an on-going problem affecting public safety in Ashland.
Explained that he has prepared a report after meeting with Chief of Police Scott Fleuter and City Attorney Paul
Nolte. Provided background that recently, a high speed police chase came through Ashland from Medford. The
senior Ashland Police Department(APD) officer on duty became aware of the chase as it was approaching
7 Ashland. The senior officer made a judgement, and APD officers were directed not to join the pursuit.
However, the senior officer could give no such direction to the Medford police officers involved, and the pursuit
continued into Ashland and ended in property damage. Explained that recent court decisions give police
statewide authority to continue pursuit. Stated that the Ashland Municipal Code has not been updated with
regard to the powers of the APD supervisor. Recommended that the APD supervisor be given authority in the
Municipal Code over all police officers in Ashland, and that Ashland seek an Intergovernmental Agreement with
surrounding municipalities, as provided for in the Oregon Revised Statutes, to negotiate this matter. Stated that
this would be akin to the Intergovernmental Agreements for fire protection with the surrounding communities.
Noted that the current agreements are now being renegotiated, and this issue should be addressed now. Also
suggested the use of a common radio channel by area police.
Councilor Laws noted that both Mr. Fine and Mr. Taber are candidates for Council Position#6. Stated that the
issues raised by Mr. Taber are being actively pursued, and that he would like input from the Chief of Police with
regard to Mr. Fine's recommendations.
City Council Meeting 09-15-98 2
Councilor Wheeldon questioned whether Mr. Fine's proposal runs counter to state mandates. Chief of Police
Scott Fleuter suggested that in some respects it would be counter to the state mandates, but that the issues are
timely given the negotiations. Emphasized that a regional agreement could not supersede state law, but an
Intergovernmental Agreement would lead to cooperation that would address this issue.
At Councilor Wheeldon's request, Chief Fleuter discussed the time available for judgement or discussion during
a pursuit, and the protocols involved. Explained that the dispatcher is usually notified prior to a pursuit entering
the City, and discussion does occur. Fleuter noted that facts were incomplete in the recent pursuit incident.
Discussion of the danger to the community posed by the recent pursuit through the plaza. Mayor Shaw
expressed concerns and urged that any pursuit through Ashland be reconsidered, and that the City's policy be
communicated to surrounding police agencies.
Fleuter discussed Mr. Fine's suggestion of a standardized radio frequency at Councilor Hauck's request. He
also recommended working toward standardized training and equipment for police agencies in the region.
Concluded that a reserve officer with one of the agencies in the region has made a helicopter available which
might eliminate the need for high-speed car pursuits in the future.
John Huskey/173 Alder Lane/Director of Communications for the Associated Students of Southern Oregon
University (ASSOU)/Introduced his colleagues ASSOU Admin. & Finance Director Chris Heinze and ASSOU
President Sophia MacDonald.
Chris Heinze/2020 Highway 99 North k33/ASSOU Admin. & Finance Director/Noted the previous letter
from RVTD to Council about the breakdown in negotiations. Emphasized that ASSOU has been meeting with
the bus service since May, and seven times the meetings seemed to end positively. After meeting with Sherrin
Coleman four times, the ASSOU went before RVTD's board to settle on a program. The RVTD board did not
seem interested in negotiating, and the student fare programs have ended. Noted that the students are concerned
about this situation. Explained that in the past, they have paid $8,800 a year for the program, but they are now
asked to pay$45,000. They were willing to pay up to $15,000, but this was turned down unless the students
were willing to accept significant increases in future years. Stated that they have come to the Council for any
support or intervention that might be available. Confirmed that RVTD wants to have this program paid, and
$45,000 would represent be$3.00 per student per term in addition to other student fees.
Councilor Hagen suggested that this cost seems reasonable. Councilor Hauck stated that he would prefer to have
both sides available before entering a discussion on this issue.
Sophia MacDonald/1250 Siskiyou Boulevard/ASSOU President/Noted that it has been suggested that a
mediator be brought in to assist the two sides in reaching an agreement. Explained that in addition to the amount
paid to RVTD, the University also pays transit tax of approximately$139,000 per year. While not all of this
money goes to RVTD, RVTD does receive a portion of these funds. Councilor Hauck explained the history of
this "in-lieu" payment for institutions that do not pay property taxes. MacDonald noted that Russ Chapman of
Ashland Sanitary has donated $500 to help subsidize student ridership programs. Stated that the ASSOU is
looking at parking alternatives, and considering having the matter of a fee increase for the student fare program
go to a vote of the students. Huskey stated that they have instituted a pilot program for car pooling using the
Natural History Museum lot.
Mayor Shaw noted that Ashland's reduced and student fare programs resulted from Transportation Plan Advisory
Commission(TPAC) recommendations, where subsidies were begun to encourage citizen bus use. The amount
of the subsidy was to have been based on student ridership, and was to have paid for all student riders. Stated
that monies from the City and SOU were never intended to subsidize the entire RVTD system, but rather as
compensation for those utilizing the fare programs in Ashland. While$3.00 per student per term may seem to
be a reasonable amount, it shifts the focus of these programs away from their original intent.
City Council Meeting 09-15-98 3
Discussion of the "fare-box" dilemma faced by RVTD, and their need to track ridership. Noted the problem
created in their having to track the different fares between Medford and Ashland. Mayor Shaw suggested that
the ASSOU consider a strategy shift, and offer passes to those students who use the bus, and cutting off
negotiations. Councilor Hauck confirmed that Bear Creek Corporation offers employer-paid passes in a program
�I like this. Councilor Laws expressed concerns with this idea, and noted that passes do not encourage non-riders
to use the bus. Suggested that this idea raises questions about the City's continuing subsidy, as passes only to
those students who use the bus could add traffic congestion and undermine the original intent of the City's
subsidy. Emphasized the need to work together to reach a satisfactory agreement, and stated that RVTD
representatives need to be at the table for this discussion.
Heinze stated that the ASSOU would like Council's assistance in facilitating further discussion with the RVTD
board. Councilor Laws noted that he had spoken with Dean Bolstadt of SOU on this matter, and suggested
having City Administrator Mike Freeman look into the issue and bring his suggestions back to the Council.
Councilor Reid suggested that there might be a possibility of Rogue Community College seeking a similar
student fare arrangement with RVTD. Councilor Hagen invited ASSOU representatives to attend the upcoming
study session on RVTD service levels.
UNFINISHED BUSINESS
None.
NEW AND MISCELLANEOUS BUSINESS
1. Council Meeting Look Ahead
City Administrator Mike Freeman noted that this item was presented to Council for informational purposes.
Noted that item number fifteen was a follow-up discussion on the Local Improvement District issue. Discussion
of scheduling this item at 2:00 p.m., with Council requesting that it be rescheduled for 1:30 p.m. on the same
date.
2. Discussion and adoption of 1998-99 Communication Plan.
Councilor Wheeldon questioning what further information needed to be distributed to justify making the City
newsletter a monthly publication. Freeman explained that he would like to see a more detailed monthly calendar,
and would also like to draw attention to individual projects to encourage citizen participation, and emphasize
policy information for upcoming Council meetings that could be better presented in a monthly forum. Councilor
p Reid questioned if the newsletter to be produced would continue to be recyclable. Freeman confirmed that it
would be recyclable, but would not be in a form that is picked up at the curb. Discussed recycling and printing
costs.
Councilor Wheeldon discussed the role of marketing in City operations, and emphasized that promotion could
help community events. Freeman cited the recent "911-Day" as an opportunity to educate citizens about the
services provided, and stated that it could have been better promoted. Councilor Wheeldon noted that the major
goal of"examining and designing public participation process" needs special attention, and suggested that
Councilors have the opportunity to participate in media training.
Councilor Laws noted that a full-time coordinator will need considerable procedural and sales skills, which may
pose a challenge. Also noted concerns that the City should not combine the functions of marketing and
distributing information. Administrative Services Director Dick Wanderscheid stated that the purpose of this
plan is to provide staff with guidance. Freeman emphasized that Council would be actively involved in
evaluating staff performance in executing the plan.
Councilor Wheeldon/Reid m/s adopt the 1998-99 Communication Plan draft. Voice vote: All AYES.
Motion passed.
City Council Meeting 09-15-98 4
ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Reading by title only of"A Resolution Adopting Franchise and License Fees for
Telecommunications Services and Facilities."
Councilors Hagen/Reid m/s to adopt Resolution #98-24. Roll call vote: Laws, Reid, Hauck, Hagen,
Wheeldon, and Definer, YES. Motion passed.
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."
Councilors Hagen/Reid m/s to adopt Resolution #98-25. Roll call vote: Reid, Hauck, Hagen, Wheeldon,
DeBoer, and Laws, YES. Motion passed.
3. Reading by title only of"A Resolution of the City of Ashland, Oregon authorizing the
reimbursement of expenditures with reimbursement bond proceeds."
Councilors Hauck/Wheeldon m/s to adopt Resolution#98-26. Roll call vote: Hauck, Hagen, Wheeldon,
DeBoer, Laws, and Reid, YES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS
Councilor Hauck noted that he had attended a meeting on the Boise Cascade situation. Suggested that the City
support any Boise Cascade employees who may be utility customers. Freeman noted that 400 full-time and 800-
1000 temporary employees are out of work because of the fire, and without the mill, there is a 40% reduction in
the loads being carried by S&P Railroad. Stated that it will require at least 18-24 months to rebuild.
Councilor Reid noted that she would be attending the legislative meeting of the League of Oregon Cities on
Friday.
Public Works Director Paula Brown noted that construction will be beginning on-site at the Wastewater
Treatment Plant (WWTP), with groundbreaking to occur at 11:00 a.m. on September 30'". Also stated that she
would be presenting the Council with an update on the Wetlands Project on November 3r°.
Councilors and viewers were reminded of the City Council study session scheduled for Wednesday, September
16'at 12:30 p.m. to discuss questions for the Citizen Survey, RVTD service improvements, and a presentation
from Falcon Cable.
ADJOURNMENT
The meeting was adjourned to executive session at 8:55 p.m., pursuant to ORS 192.660(e). The regular meeting
resumed at 9:13 p.m.
Councilors Hagen/Hauck m/s to place the item under discussion at the executive session on tonight's
agenda. Voice vote: All AYES. Motion passed.
Councilors Hauck/Wheeldon m/s to authorize the City Administrator to purchase the property discussed in
the executive session at the cost that was discussed in the executive session. Roll call vote: Laws, Hauck,
Reid, Hagen, Wheeldon, and DeBoer, YES. Motion passed.
The meeting was adjourned at 9:15 p.m.
Barbara Christensen, City Recorder Catherine M. Shaw, Mayor
City Council Meeting 09-15-98 5
Council Communication
Public Works Department
October 6, 1998
Submitted by: Paula Brown
Approved by: Mike Freeman o4
Title:
Update on the proposed regional Modernization Projects for the 2000-2003 Oregon State
Transportation Improvement Plan (STIP)
Synopsis:
The Oregon Department of Transportation(ODOT) is responsible for developing the next update
to the State Transportation Improvement Plan (STIP) for the years 2000-2003. This portion of
the STIP concentrates on the Modernization(new construction or significant improvements)
projects slated for construction in the 2000-2003 time period. Development projects (those that
are considered for design or environmental review only) are not included in the modernization
program. The STIP is basically the State's four year capital improvement program. The STIP
assigns priorities and defines the funding mechanism for the approved projects.
Recommendation:
It is recommended that the Council accept the proposed projects for the 2000-2003 STIP as
shown below and direct staff to draft a letter of support to the RVACT for the Mayor's signature.
Background Information:
Staff has been working with the Jackson Josephine Transportation Commission(JJTC) and the
Rogue Valley Council of Governments (RVCOG) in preparation of the revised project list for the
year.2000-2003 STIP Update. During the discussions and in the process of refining project
priorities, the JJTC developed a set of criteria that addresses all of the guidelines in the Oregon
Transportation Plan, the Oregon Highway Plan, and the Transportation Planning Rule. The
criteria incorporated the following elements and relative weighting as shown below:
criteria/element wei¢htine
Utilization of Existing Infrastructure 20%
Enabling Compact Liveable Communities 17%.
Fostering Economic Opportunity 15%
Access/ Reduced SOV Reliance 12%
Environmentally Sensitive transportation Options 100/o
Safety _ 20%
Readiness 6%
total 100%
Based on the project submissions and the ability to complete design and execute construction
within the 2000-2003 time frame, the following projects received the highest rating and priority
from JJTC, and were subsequently forwarded to and discussed by the RVACT:
project total JJTC recom
Million $Million
M Siskiyou Blvd (4" Street to Walker; Addition of Bike Lanes) $ 2.0 $1.5
South Medford Interchange (Ramp Improvements ONLY) $ 0.7 $0.7
Highway 238, Unit 1 $15.0 $9.6+
Highway 62 Corridor $30+ $2+
Fern Valley Road Intersection Improvements $ 5.0 $3.0
Grants Pass Improvements (**) ** $1•0±
Note-**-: At the time of the initial discussions,the projects for Grants Pass were not specifically defined
and did not have enough information for prioritization. Since then,there were three smaller projects
identified by Grants Pass; improvements to River Loop Road, Improvements to Highway 199 at Ringuette
u
Road,and Intersection Improvements at the Grants Pass Parkway and Spalding Road. All three projects
4' have significant local match identified.
w
The Jackson-Josephine region is expecting ODOT to authorize approximately $16-18 million for
this modernization period. The RVACT, acting as a unified regional body to provide a
consolidated recommendation for regional improvements, is required to submit their draft
proposal to the Oregon Transportation Commission(OTC) by October 15'". The JJTC meets on
i, October 5'to provide the final version of staff level recommendations to the RVACT. RVACT
'! meets on October 13' to reach a conclusion on the recommendations for project funding for the
9 modernization program.
6
W
Staff presented information on Siskiyou Boulevard to the RVACT on two occasions; the most
recent discussion occurring on September 15'". At that time,there were several questions raised
regarding the"regional significance" of the Siskiyou Boulevard project. Staff explained that
Siskiyou Boulevard is State Highway 99 and provides the primary access to Southern Oregon
University, Ashland High School, Lincoln Elementary School, and a variety of shopping and
commercial facilities, and provides the through access to other schools, Ashland Downtown,
Lithia Park, Shakespeare, the airport, bus routes, etc. The addition of bike lanes on Siskiyou
Boulevard has been an Ashland priority for many years and is represented in the City's
Transportation System Plan and the Comprehensive Plana The addition of bike lanes to this
facility directly supports the intent of the Transportation Planning Rule and the Oregon
Transpiration Plan. As submitted, the Siskiyou Boulevard project rated the highest in the criteria
developed by JJTC and rated by RVCOG.
There are a total of eight priority projects being considered by JJTC and RVACT for inclusion in
the region's modernization program. The Highway 238 improvements in Medford have been
previously authorized under the "T-21" Federal highway funds. With this authorization there is a
local match requirement. In the past this local thatch was approved in the prior STIP at $9.6
u million. With changes to the design, this local match is now estimated at $10 million. Medford
Page 2-Council Communications October 6, 1998
G:\PAULA\STIP Update-Council Communication.wpd
is recommending the RVACT increase their authorized match to the $10 million level. They are
also asking for up to $4.9 million in match funds for the Highway 62 corridor improvements.
Both projects will include multi modal elements to the improvements. The remaining regional
funds are proposed to be split between Ashland(Siskiyou Boulevard at $1.5 million), Phoenix
(Fern Valley Road/I-5 ramp improvements at $3 million), Grants Pass (three different projects
totaling $800,000 in ODOT funds) and Medford's South Interchange improvements ($700,000).
As proposed, the projects exceed the available funding.
One of the issues facing the City is ODOT's desire that once improved, Siskiyou Boulevard
would become the jurisdiction of the City. It is staffs contention that if Siskiyou Boulevard
(from 4'' Street to Walker) is fully improved including the addition of bike lanes, complete
overlay, along with necessary curb and gutter improvements, that the transfer of jurisdiction
under certain circumstances would be appropriate. The total estimate for the project is $2
million. The City currently provides a majority of the street sweeping, striping, and minor
repairs, with the exception of major pothole repair and any overlay work. The addition of this
section of highway, although more work, would not significantly interfere with maintenance in
the next 15-20 years. Staff will continue to consider the jurisdictional exchange opportunity and
begin negotiation with ODOT. Staff will bring a recommendation on this matter back to the
Council at a future date.
It is recommended that the Council review the proposed projects, fully support the funding for
the Siskiyou Boulevard Bike Lanes for no less than$1.5 million, support the Fern Valley Road
Improvements at $2-3 million, and the three projects in Grants Pass for up to $800,000, and
recommend that the remaining regional allocation go to the ramp improvements to South
Medford Interchange, Highway 238 Unit 1 (up to the match requirements of$10 million), and
Highway 62 Corridor projects.
It is further recommended that should additional funding be allocated to the region (beyond the
$16-18 million for the modernization program),the additional funds should be allocated by
RVACT based upon projects that show merit and value based upon the criteria established by
JJTC and RVCOG.
Page 3-Council Communications October 6, 1998
GAPAULMSTIP Update-Council Communication.wpd
4� .........
... ...... .... .....
MAYORAL PROCLAMATION
WHEREAS, Eight out of every ten fire deaths happen in the home; and
WHEREAS, Most households are not prepared for a fire because they have
not practiced a home escape plan; and
! WHEREAS, Knowing how to react when we hear a fire alarm sounding is a
1 I'm matter of life and death; and
A
WHEREAS, A safe escape during a fire emergency requires a knowledge of at
least two ways out of any building; and
WHEREAS, Ashland Fire & Rescue encourages every family to develop a Rfi,OMUffj;
nd
home fire escape plan and to practice it regularly; a
WHEREAS, Ashland Fire & Rescue joins with the citizens of Ashland in a
Z commitment to the safety of life and property from the devastating
effects of fire; and
NOW, THEREFORE, 1, Catherine Shaw, Mayor of the City of Ashland, do it
iA
hereby proclaim October 4 - 10, 1998, as National Fire Prevention Week. This
Aw
week commemorates the great Chicago Fire of 1871 which killed more than
250 persons, left 100,000 homeless and destroyed more than 17,400 buildings.
N'�(((J)1!1
I call upon the people of Ashland to participate in fire prevention activities at
home, work and school, and to heed the message that the 1998 Fire ivA
i,-
!
Prevention Week theme suggests: &
"FIRE DRILLS: THE GREAT ESCAPE!"
AN
a"MIN
Dated this 6" day of October, 1998.
Catherine Shaw, Mayor
Barbara Christensen, City Recorder
...... ....
Z
........... ......
...........
PROCLAMATION I
WHEREAS, the vitality of our nation depends on how safe we keep our homes,
neighborhoods, and communities, because crime and fear diminish the quality of
life for all;
WHEREAS, people of all ages must be made aware of what they can do to
prevent themselves, their families, neighborhoods, and workplaces from being
V-.
harmed by violence, drugs, and other crime;
4
WHEREAS, the personal injury, financial loss, and community deterioration
sI resulting from crime are intolerable and need to be addressed by the whole
community;
-Z1Z-i>dLR WHEREAS, effective crime prevention programs excel because of partnerships �Jfl
among law enforcement, other government agencies, civic groups, schools and
and shared
i
individuals as they help to rebuild a sense of communal responsibility I
pride; and
av- WHEREAS, crime prevention initiatives are more than self-protection and
security, but must promote positive alternatives to delinquency and drugs among
young people and emphasize the power of youth to better communities. mYt
THEREFORE, 1, Catherine M. Shaw, Mayor, do hereby proclaim October,
1998 as
CRIME PREVENTION MONTH IN ASHLAND
qqqi-
and urge all citizens, government agencies, public and private institutions, and
their participation in our community's
businesses to increase the prevention efforts ill
and thereby promote good citizenship.
I Dated this 6' day of October, 1998.
Barbara Christensen, Recorder
f.
it 11�
Catherine M. Shaw, Mayor
l) , 1 IV's
"'MNZ
Wig Mr— �i"=....... ..111y"n.
17
MINUTES FOR THE STUDY SESSION
ASHLAND CITY COUNCIL
September 15, 1998
CALL TO ORDER
Council Chairperson Wheeldon called the meeting to order at 6:05 p.m. in the Civic Center Council Chambers.
IN ATTENDANCE
Councilors Laws, Reid, Wheeldon and DeBoer were present. Councilors Hauck and Hagen,and Mayor Shaw,
arrived late. Staff present included: City Administrator Mike Freeman,Assistant City Administrator Greg Scoles,
Administrative Services Director Dick Wanderscheid,Director of Finance Jill Turner, City Attorney Paul Nolte,
Public Works Director Paula Brown, Director of Electrical Utilities Pete Lovrovich, and Director of Community
Development John McLaughlin.
DISCUSSION OF DRAFT PUBLIC INFORMATION.COMMUNICATION AND MARKETING PLAN
Administrative Services Director Dick Wanderscheid introduced Ann Seltzer,the City's new Communication&
Marketing Manager,who will begin work in mid-October and be responsible for many aspects of the proposed
Public Information,Communication and Marketing Plan. Emphasized that the plan is a policy framework,and not a
job description for the new position. Noted that this plan was initially presented and discussed in July, and that staff
had since met with the Ad Hoc Citizens' Communications Committee.
Noted that Communication and Marketing Manager position will not become a public information officer, and that
the press will continue to have full access to the department heads and decision makers as they do now.
Explained that the plan has been revised to include the roles of the Mayor and Council,as Councilor Wheeldon
suggested previously. Emphasized that the City recognizes the importance of two-way communication and the
expertise brought to the decision making process through public involvement.
On the issue of the City newsletter, Wanderscheid stated that after discussion, staff felt that it should be produced
on a monthly basis,which is currently beyond the scope of the City Recorder's Office. Based on the plan,the
newsletter would be prepared monthly through administration, beginning in January of 1999.
Discussed the role of marketing in City operations. Wanderscheid emphasized that staff are aware that certain
things are not to be marketed. Suggested that it is important to realize that marketing is not merely about selling,but
about getting out information for people to use in making decisions.
City Administrator Mike Freeman explained that this is not intended to be an implementation document, but a
philosophy to use as a basis for structuring public process. Stated that if Council chooses to move forward with the
plan,staff will bring back a 12-month plan with details of staffing, budget,expected impact and costs.
City Recorder/Treasurer Barbara Christensen noted that the City newspaper"The Ashland City Source"has been a
successful quarterly,but stated that production of a monthly would be beyond what her office is able to do at the
present. Christensen explained that the records management/document imaging project was postponed in order to
produce the quarterly"City Source"because her office could not do both projects. Stated that she is comfortable
with the paper continuing to grow,but that it cannot expand further in her office given staffing and the other
projects at hand.
Councilor Reid suggested that the plan be a living document, with the Communication Committee to review it after
a time. Freeman clarified he will bring information with each year's budget delineating details for the coming 12
months. Also stated that there would be yearly public meetings to get input on the City's progress. Councilor Reid
suggested involving Ann Seltzer in the City Administrator's coffee meetings with Council at least part of the time.
Ashland City Council Study Session Minutes 09-15-98
1
UPDATE ON THE PROGRESS OF THE COMPREHENSIVE WATER MASTER PLAN
Public Works Director Paula Brown introduced Bob Eimstad and Ken Wilkins of Carollo Engineers. Noted that
Eimstad would be presenting some overheads. Emphasized that Councilors were encouraged to ask questions,and
noted that the Water Advisory Group(WAG)had met recently. Stated that this process is not through, but that this
presentation is a step in the continuing process.
Bob Eimstad explained the follow-up that had occurred since the first presentation to the Council. Noted that the
consultants have met with the WAG twice,and that the WAG also met once on its own. Noted that Council had
previously expressed concerns over the base-line demand to be used in the planning process.
Explained that the use of"gpcd" in the overheads refers to"gallons per capita per day",and explained that the water
year begins on October 1". Emphasized that the small size of the City reservoir creates a problem due to high
summer demand. Noted that the 1996-97 demand was 148 gpcd,and explained that because other Oregon cities do
not have similar climate or similar conservation programs,California utilities were used for comparison. The East
Bay Municipal Utility District(MUD),which serves Oakland, Berkeley,and Lafayette, has a demand of 215 gpcd.
Eimstad confirmed for Mayor Shaw that both Lafayette and Walnut Creek are served by East Bay MUD. Shaw
noted that the varied climates served by East Bay MUD would affect planning,and asked whether demand numbers
were available for individual communities. Wilkins recognized this as a valid point, but said that East Bay MUD
did not provide numbers which illustrate a disparity between the communities,as all customers pay the same rates.
Stated that other utilities in the area see demand in the 145-190 gpcd range.
Eimstad noted that demand in Ashland is 100 gpcd for residential and 118 gpcd for commercial,which compares
4 very well with other utilities. Stated that the overall 148 gpcd demand is a starting point for planning,not a starting
point for the City. Emphasized that 148 gpcd is close to the goal identified in SRC Report,and this is a compliment
to staff efforts. Explained that planning would begin with the 148 gpcd as a base, and consider curtailment and
conservation scenarios. Stated that 10%voluntary curtailment on top of a 20%reduction through conservation
would significantly reduce demand to 135 gpcd during a critical time. Stated that a 25%mandatory curtailment
would do very well at reducing summer demand.
Noted that the planning horizon being used is fifty years,extending to 2050. Stated that the current study is more
conservative than the one previously conducted by R.W. Beck, but that the consultants feel it is accurate to the
conditions under consideration. Emphasized that it is presumed that conservation and curtailment are to be
implemented at the outset of a drought year, not when shortages begin to become a factor. Explained that careful
planning is needed up front, keeping snow pack in mind from early on.
Discussed the likelihood of a City like Ashland implementing measures discussed.Noted baseline demand
curtailment examples take commercial activity into account. Stated that water availability could not be reduced
much more without adversely affecting the tourist industry. Eimstad stated that the numbers proposed are
aggressive,and the City will have to make an effort to meet these goals. Wilkins noted that regular conservation
efforts make it harder to further reduce in a drought, because once people have reached a baseline it is hard to
reduce further.
Discussed beginning the water season with curtailment. Eimstad explained that with projected growth,the City will
need to be aggressive in order to get reductions and begin curtailment at the start of the dry season. Councilor Reid
asked for clarification of whether the City would need to implement the most stringent measures at the start of the
season. Eimstad stated that curtailment measures would have to begin at this point. Councilor Laws explained that
curtailment does not have an effect until the reservoir levels begin to get low. Eimstad confirmed that this would be
the case, and that curtailment would need to begin in June. Brown emphasized that increased efforts at
conservation will be necessary in June. Reid noted that there is a need to water the City's parks and median strips
for citizens and visitors. Brown explained that curtailment would not be needed every year, but that the City should
Ashland City Council Study Session Minutes 09-15-98
2
make an effort to conserve each year. Eimstad suggested that 20%reductions from conservation are achievable,and
that curtailment scenarios could be looked at further.
Brown confirmed for Councilor Laws that the critical year demand totals are for a single critical year, but that
conditions could be worse if critical demand levels occurred in successive years. Councilor Hauck confirmed that
this was a"1% likelihood"drought year that was being discussed. Eimstad stated that critical low flows have been
repeated several times,and there are a number of future uncertainties. Suggested that some degree of conservatism
is appropriate,and stated that uncertainty must be considered in planning.
Discussion of historical recurrence of drought. Eimstad emphasized that there will likely be similar magnitude
droughts occurring over the planning horizon. Eimstad also confirmed that the 20%conservation being discussed is
in addition to the present levels of conservation. Emphasized that while conservation and curtailment have
significant effects,toward the end of the planning horizon critical demand is predicted to drain the reservoir
completely during two years,and under the most severe conditions(as experienced in 1930)four consecutive years
of depletion are predicted. Emphasized that even with conservation and curtailment,some further measures will
need to be taken eventually.
Discussed the evaluation criteria developed to look at alternatives in the last WAG meetings. WAG created a list of
criteria,and the consultants from Carollo helped to narrow this list to four items,which were weighted for use in
evaluating alternatives. Environmental/ecological concerns were weighted at 40%,cost at 25%,risk at 20%and
implementation/operation at 15%.
Explained that while the final process has not yet been confirmed with the WAG, it looked as though each
alternative would be assigned a score of 1-10 in each category,then the weight given the category would be factored
in to yield a total score. Eimstad noted that there is a need to have the Council buy into the evaluation methods
being used.
Council discussion of the evaluation process. Brown suggested that she could provide a list to Council showing
items falling under each category. Councilor Laws questioned weighting,and suggested that all criteria be equal,
and weighed in the mind of each Councilor. Stated that alternatives cannot be standardized without doing them an
injustice. Emphasized that if weight is used in categories, it will be given a tremendous influence in the final report.
Councilor Hagen noted the complexity involved and emphasized that this is not a straightforward issue. Stated that
the WAG had discussed the difficulty in assigning numbers. Eimstad noted that the engineers will not evaluate,but
the WAG will use in these weight factors to evaluate the alternatives. Councilor Laws suggested that policy
analysis is not mechanical, and cannot be approached as though it is. Eimstad stated that he is open to changes,but
this method has worked effectively for his firm in the past.
Eimstad noted that supply alternatives discussed had included a new reservoir,wastewater recovery,groundwater
wells,"waterbanking",the TID pipeline,the TAP Intertie pipeline,and increasing the snow pack mechanically.
Director of Public Works Paula Brown thanked the WAG members for their attendance tonight,and for the time
they've spent at the WAG meetings. Emphasized that there will be public forums,and more information will come
back to the Council.
ADJOURNED
The meeting was adjourned at 7:05 p.m.
Submitted by Derek Severson,Assistant to the City Recorder
Ashland City Council Study Session Minutes 09-15-98
3
MINUTES FOR THE STUDY SESSION
ASHLAND CITY COUNCIL
September 16, 1998
CALL TO ORDER
Mayor Shaw called the meeting to order at 12:30 p.m., in the Civic Center Council Chambers.
IN ATTENDANCE
Councilors Laws, Reid, Hauck, Hagen, Wheeldon and DeBoer were present. Staff present included City
Administrator Mike Freeman,City Attorney Paul Nolte,Assistant City Administrator Greg Scoles,Administrative
Services Director Dick Wanderscheid, Director of Electrical Utilities Pete Lovrovich, Public Works Director Paula
Brown, Director of Finance Jill Turner,and Director of Community Development John McLaughlin.
REVIEW OF QUESTIONS FOR CITIZEN SURVEY
Administrative Services Director Dick Wanderscheid explained that the City has not conducted a survey since 1996,
and that staff would like to begin discussion of conducting another survey at this time. Suggested that this could
either be done now,or a Council subcommittee could be created to determine the questions to be asked. Stated that
the 1996 survey was lengthy,and that it was oriented more towards service and operations than citizen attitudes.
Suggested that some of the questions from 1996 may no longer be applicable. Noted that the handout provided to
Councilors includes some suggested questions from other surveys, and asked for a recommendation on how to
proceed.
Councilor Reid suggested that all Councilors send suggestions to Wanderscheid. Wanderscheid noted that the
deadline for proposals is Friday, September 25,and that the city will accept a bid the following week. Surveys are
scheduled to be completed in November.
Mayor Shaw discussed the 1996 survey, and emphasized the need to have comparable questions to those used in the
past in order to gauge the City's progress. Wanderscheid explained that it was not staff's intention to throw out the
previous survey,but rather to eliminate some of the previous questions and keep those of value to allow for
continuity. Suggested that Councilors indicate which questions they would like to see removed,kept or added.
Discussed the design and intention of the previous survey,noting the format and some of the questions used in the
past.
Councilor Laws noted that public attitudes as expressed in surveys are not always coherent, but that the data
collected is still valuable if that fact is kept in mind. Councilor Hauck noted that in some cases,responses are as
much to the way questions are worded and defined as to the questions themselves.
Wanderscheid explained that surveys were done originally in 1995,as the Council wanted a baseline community
attitude survey. The questions were based on suggestions from a number of sources. The surveys were somewhat
refined in 1996,and the questions were largely service oriented because various departments wanted information on
the level of citizen satisfaction with the services being provided. Wanderscheid suggested that the coming survey
needs to look more at citizen attitudes.
City Administrator Mike Freeman noted that his previous employer,the City of Thornton,Colorado, had been using
surveys for the past fifteen years. Emphasized that a survey should gauge community attitudes,values, interests,
and satisfaction with services,as well as ways to improve,suggestions, likes and dislikes,and citizen opinions on
special issues such as"Green Power".
Ashland City Council Study Session Minutes 09-16-98
1
Mayor Shaw noted that she first suggested a survey back in 1995 after a presentation by the City of West Linn at a
League of Oregon Cities conference. A West Linn City Councilor had indicated that they conducted phone surveys
quarterly using volunteers,and they felt that the information provided was remarkable.
Councilor DeBoer questioned the number of people used as a sample in the 1996 survey. Wanderscheid noted that
1536 calls had been made to get 400 responses,and explained that this involved a combination of factors including
the need to meet specific demographics,the fact that 135 of those called refused to respond,and the fact that many
calls reached answering machines. Emphasized that there is a need to inform the community in advance of a survey
to increase citizens' willingness to participate. Noted that the previous survey calls had taken 10-11 minutes each,
and the entire process cost about$8,000. Councilor DeBoer suggested that such a lengthy phone survey should not
be used again.
Discussion of using SOU's survey class or business center for conducting a survey. Wanderscheid noted the time
constraints involved in this survey,and stated that it would be difficult for students to complete a survey within that
timeframe. City Administrator Mike Freeman emphasized that the timeframe is of particular importance in
reviewing Council goals for the year.
Discussed the possibility of using the monthly utility billing insert for surveys. It was suggested that a scantron card
could be included as an insert to conduct surveys monthly. Wanderscheid explained that there are qualitative issues
that make using the utility billing insert questionable. Discussed whether similar issues apply to telephone surveys,
given the prevalence of call-screening with answering machines and caller i.d. Wanderscheid explained that the
utility billing insert would not provide a truly random, representative sample and responses would thus not be
statistically valid.
Councilor Laws noted that typically,contacts with citizens are with those who have strong feelings at one extreme
or the other,and are not representative of the City as a whole. Further discussion of whether a random sample can
be achieved anymore. Concluded that what is needed is the most representative sample possible,and a phone
survey is considered the best means to achieve that objective.
Wanderscheid suggested that Councilors indicate the questions they would like to add or delete on the handouts,
and return them to him. Explained that staff would compile Council suggestions and return information to Council.
Requested that Councilors get their responses to him as soon as possible,and suggested that once staff has compiled
information based on Council suggestions, it may be appropriate to form a subcommittee. Wanderscheid suggested
that the final survey would include no more than 50 questions. Discussed whether response formats needed to
remain consistent throughout the survey. Wanderscheid indicated that responses should be returned to him no later
than Wednesday, September 23'.
Councilor Wheeldon asked how many questions would need to address"Green Power". Freeman indicated that this
would not require more than a couple of questions. Councilor Wheeldon suggested that a utility billing insert also
be prepared to explain"Green Power"to the public.
t
Councilor Wheeldon suggested.more questions related to parks, as the Ashland Parks&Recreation Commission
does not do their own survey. Mayor Shaw Parks suggested that Parks has the ability to perform their own survey,
and while a City survey may include generic,park-related questions,the Parks Commission may need to conduct
their own survey to identify specific issues.
RVTD SERVICE IMPROVEMENT
Councilor Hagen indicated that it was time for this issue to be revisited by the Council, and explained that in the
past, Councilor Laws had suggested the possibility of increasing the Transportation Utility Fee by$1.5042.00,and
providing an equivalent value in bus vouchers to each citizen. This would spread the cost of improving bus service
between all citizens,and would further encourage bus use in Ashland.
Ashland City Council Study Session Minutes 09-16-98
2
Mayor Shaw questioned whether this would be part of,or in addition to,the City's present$100,000 subsidy of the
Rogue Valley Transportation District(RVTD). Councilor Hagen suggested that this could be decided at the time of
the fee increase, and would depend on whether service was expanded to later hours and/or weekends. Also stated
that it could provide a means to enhance bus shelters, increase the number of shelters, or provide van service and/or
satellite routes. Emphasized that there were a variety of options available for improving transit service.
Councilor Wheeldon questioned whether an increase in the amount paid to RVTD would bring with it an
expectation of increasing services. Councilor Hagen indicated that he had met with Sherrin Coleman and other
representatives of RVTD and they were favorable to the idea presented.
Councilor Reid suggested a survey of parents who drive their children to school,as she feels that this is a major
contributing factor in the City's increased traffic. Feels that it is necessary to identify the source of this recent
increase and figure out the traffic problem before trying to solve it. Emphasized that she is hesitant to increase
citizeri fees further without first addressing the underlying causes of increased traffic,and stated that she is hesitant
to pay further monies to RVTD until issues are addressed. Emphasized her disappointment in the breakdown in
negotiations between RVTD and the Associated Students of Southern Oregon University.
Councilor Wheeldon stated that while the City needs to continue to work on bus service improvements, the
Transportation Utility Fee is for transportation needs. She would like to continue discussion within the greater
scope of transportation issues. Feels that there is a need to identify enhancements for bus service as well as other
transport needs, and comprehensively increase the Transportation Utility Fee to address the bigger picture. Stated
that while bus service is a worthy cause, there is a need to look at the bus question in relation to other transportation
goals.
Councilor DeBoer stated that a survey of parents is a good idea,and could be accomplished by a senior volunteer at
the school. Stated that it is time to commit to helping bus service,with better shelters and a way to track the use of
passes issued. Emphasized that people will not use the bus unless it is cheap,easy, convenient, and comfortable.
Councilor Laws suggested dealing with the ideas being presented separately. Noted that if bus ticket vouchers were
sent with the utility bills, it would cost more because of the cost of the tickets in addition to the present subsidy.
This was not done when he originally suggested it,and the Transportation Utility Fee has since been increased
several times. Feels that vouchers should be offered when mass transit service is increased. At the present,without
an increase in the fee or in bus service, he suggested a pilot project of sending tickets to all citizens to see how they
will be used. The concept of vouchers with a fee increase was to make people feel that they were getting services
equivalent to the amount of the increase and reducing traffic in the process. The cost would need to be paid in
addition to the subsidy,but even a 50%ticket voucher utilization would greatly reduce traffic.
Councilor Wheeldon suggested that if vouchers are to be sent,that this information be marketed in advance to make
the public aware of the vouchers so the usage results would be valid. Also pointed out that the situation of parents
driving children to schools does not relate to RVTD service, because school buses are available. Councilor Reid
responded that she wants to see comprehensive transportation information before further spending occurs.
City Administrator Freeman noted that work has been underway for some time to refine the City's Transportation
Plan. Emphasized that financing this plan will be complicated, and that the Council will need to consider proposals
within the bigger picture. Suggested looking at the whole transportation issue before committing to a
Transportation Utility Fee increase, as the revised Transportation Plan will be coming before Council in a few
months. Emphasized that Council will be receiving copies of the plan soon, and that there will be a public hearing.
Financing could be difficult,and the possibility of a Transportation Utility Fee increase to encourage bus usage
could be considered at that time.
Ashland City Council Study Session Minutes 09-16-98
3
Mayor Shaw stated that she likes the idea of a survey on bus use in Ashland. Expressed her concern that there is a
perceived need for vouchers,when the current fare is now only a quarter. Stated that there should be a survey to
look at multimodal transportation issues,trail usage, and etc.along with buses. Said that a pilot project would be a
good idea, and stated that she had concerns over any increase in the Transportation Utility Fee. Noted that she is
unsure what is being received from RVTD in exchange for the current subsidy,and suggested that the City has lost
track of what is being sought. Noted that the original subsidy was intended to provide quarter fares and additional
service. Emphasized that there is a need to communicate more clearly that this subsidy is not guaranteed each year,
as it is part of a renewable agreement. Any subsidy money provided needs to yield the desired effects.
Councilor Laws stated that the issue is being made too complicated. Suggested figuring out the cost to each citizen
of the current$100,000 subsidy,and giving each citizen ticket vouchers for an equivalent amount. Vouchers would
then be reimbursed to RVTD. The availability of free vouchers would increase ridership to some degree. Should
not start with an increase in the Transportation Utility Fee.
Councilor Hauck stated that the Council must consider the whole transportation system in Ashland,and determine
how an increase in night or weekend service would relate to the whole.
Councilor DeBoer requested that staff provide a report on the Transportation Utility Fee. Also stated that he would
like a report from RVTD on what service is received for the subsidy. Emphasized that the increase in the RVTD
subsidy was doubled to$100,000 temporarily, and that temporary increase has come to be perceived as permanent.
Councilor Hagen stated that parents drive their children to school because of safety issues related both to traffic
volumes and the generally perceived danger to children in our society. Also suggested that this relates to the role of
the automobile as a status symbol in the world today. Councilor DeBoer noted that bus ridership within the school
district has not decreased, and it would be simple enough to obtain a report from the school district on this
information.
Councilor Hagen stated that there is a need to get those who are addicted to the automobile to finance alternative
' transportation,and stated that the idea of a pilot project, providing vouchers without a fee increase, is a good idea.
Mayor Shaw suggested that ridership levels on RVTD may well relate to people's concerns with getting from their
homes or destinations to the bus stops, and that this may be due to traffic,or the condition of sidewalks. Feels that
there are important determinations to be made here. Council discussion of RVTD, sidewalks, and the use of any
additional Transportation Utility Fee funds.
City Administrator Mike Freeman summarized that Councilor DeBoer had requested a report on the Transportation
Utility Fee from staff, and that the Council desired a separate,simple survey on transportation. Councilors Laws
and Hagen indicated their willingness to work on such a survey. Freeman also noted that he would look into
creating a pilot program without a Transportation Utility Fee increase and would bring further information back to
Council.
PRESENTATION FROM FALCON CABLE
Ron Hren, Falcon Cable's new Divisional Vice President for Southern Oregon and Northern California introduced
himself and briefly explained that they are close to completing their transaction and acquiring TCI's system. Stated
that Falcon will be opening a division office for the region in Medford. Explained that he would be presenting
highlights of Falcon's history and system,and presenting Council with a proposed win-win solution to improve
Falcon's data system while making the City's plan for high speed data transfer and intemet service better as well.
Emphasized that Falcon's proposal is a direct result of meetings and communications with the City over the past six
months. Noted that while it was Falcon's wish to have made this presentation sooner,they have been involved in
dealing with the ownership change in their system.
Ashland City Council Study Session Minutes 09-16-98
4
Discussed the transition taking place within the cable industry, as a result of the varied services available and
increasing competition. Suggested that the future lies with intemet service. Cable providers are uniquely positioned
to provide internet service due to their available bandwidth,and Ashland is unique in that it has double the usual
amount of bandwidth available because of the presence of the two networks. Combining both systems to make
double the bandwidth available to the consumer would be a win-win proposal.
Emphasized Falcon's strong points as being partnered with TCI,the largest cable provider in the world, while
remaining very small. The TCI partnership means that the advantages of both TO and AT&T are available, in
combination with Falcon's experience in small,rural communities. Cited Falcon's history of leadership in city-wide
networks and rural fiber optic use.
Stated that the HFC and high speed data service to be provided in Ashland will be the best in the world,with the
latest technology. Emphasized that this will be better than the largest county system in Florida which is a
combination of efforts between GTE and Time Warner, and suggested that with the joining of the AFN and
Falcon's HFC network there would be a system that would be ahead of everyone.
Proposed working together in a partnership. Emphasized that the City AFN would not be excluded from their
network,while citing the difficulty the phone companies have had in interconnecting different systems. Suggested
partnering for a seamless connection,noting that one entity could control a system better. Also cited the fact that
Falcon is already operating the Asante network,with fiber to the 12 hospitals in the Asante system in Jackson and
Josephine Counties. This system is already active,connecting hospitals from Grants Pass to Ashland.
Emphasized that it would be impossible to get the level of service that would be available through a combined
system because of financial limitations. Stated that Falcon would like to propose a joining of the two systems,to
share in growth and revenues,with an open system. Emphasized that Falcon recognizes the need to be open,
making partnerships available to internet service providers(ISPs). Stated that this would be a pragmatic
partnership,as both sides have significant investments that will only improve if combined,and the City's .
In summary, Hren suggested combining the two systems and sharing revenue equitably. Stated that a 50-50
partnership would be a good place to begin,and emphasized that control was not a concern for Falcon. Noted that
the area's economic development would be helped by such a partnership,with benefits to Ashland and the Rogue
Valley.
Hren confirmed for Councilor Reid that a combined system could connect both within Ashland,and to areas outside
of Ashland. Suggested that the AFN could be used for commercial connections, while Falcon's HFC could be used
for residential connections, for a seamless connection to the whole valley.
Hren confirmed for Councilor Laws that without a partnership,the AFN would not be too much different,except
that if the two systems were combined there would be more bandwidth. Emphasized that Ashland could operate its
system by itself,but this would mean limited bandwidth and a duplication of services. Stated that two duplicate
systems competing for customers would not be as efficient as one larger,seamless system. Mayor Shaw confirmed
that the City is very interested in partnerships and minimizing costs, and suggested that Hren meet with the City
Administrator and Director of Electric Utilities to determine if a partnership is financially feasible.
ADJOURNED
The meeting was adjourned at 2:15 p.m.
Submitted by Derek Severson,Assistant to the City Recorder
Ashland City Council Study Session Minutes 09-16-98
5
ASHLAND HISTORIC COMMISSION
'Minutes
September 2, 1998
CALL TO ORDER
The meeting was called to order at the Community Center by Chairperson Jim Lewis at 7:36 p.m. Members present were
Jim Lewis, Terry Skibby, Dale Shostrom, Keith Chambers, Gary Foll, Joan Steele, Curt Anderson and Joyce Cowan. Also
present were Associate Planner Mark Knox and Secretary Sonja Akerman. Member Vava Bailey was absent.
NEW MEMBER
Lewis introduced Gary Foll, the Commission's new member.
APPROVAL OF MINUTES
Skibby corrected the minutes of the August 5, 1998 meeting under the "Triangle Park Gazebo Facelift" to read ....The
Commission also agreed the color of the brackets should be stained the same as the posts. Shostrom clarified his motion
for Planning Action 98-070 as follows: Shostrom then moved to recommend approval of this application with the condition
the west elevation parapet walls be looked at and possibly eliminated. It was also suggested that an additional first story
roof be added to the rearparking entrance to create more of a sense of entry, and mitigate the effect of the two-story sidewall
height... Cowan then moved and Skibby seconded to approve the minutes as corrected and clarified. The motion passed
unanimously.
PUBLIC HEARINGS
Planning Action 98-091
Site Review
559 Scenic Drive
Ashland Community Hospital Foundation
Knox related the design forthe proposed building was reviewed by the Commission a couple months ago with architect Ken
Ogden. The site is located on the corner of Scenic Drive, Maple Street and Catalina Drive. Jackson County Physical
Therapy currently occupies the existing building,which will be demolished. Staff is supportive of this application. Neighbors
had concerns with the proposed parking accessing off Scenic and Catalina because of the increase in traffic in the residential
area of Scenic Drive. Ingress and egress will now solely be off Catalina Drive. Sidewalks will be installed and trees will be
planted on the three street sides.
Ken Ogden stated the first phase will be the two story portion and the second will consist of the single story portion which
will be at least 1,400 square feet. Future plans will involve a zone change and may also involve the purchase of adjacent
property. All mechanical equipment will be in the loft of the building except the meter area. This will be visually and
structurally screened. Woad siding will be used and the roof will be composition shingles,which will be textured and colored
to harmonize with the building colors. He explained the doctors want patient privacy so the windows are clustered in order
to allow the division of rooms at these points. The lobbies will have more massing of windows, as will the doctors' offices.
Also, all the windows will have blinds which will be the same type and color.
Skibby asked about the length of time between the two phases. Ogden answered the hospital foundation would like to begin
as soon as possible; however, a zone change is required. Shostrom said if the second phase did not get built, he would
question the simple design on the east elevation. Ogden agreed and said it would look better if the glazing was repeated
and one more column was replicated. This would give that elevation more depth and enhance the Maple Street entrance.
The Commission felt it was prudent to look at the project as if the second phase might not happen.
When asked about the emergency exit exterior stairway on the north elevation, Ogden stated he has simplified the design.
The base will be concrete with wood siding. The area will also be landscaped and the screening will help reduce the visual
aspect. Also, the railing will be more simple.
Ogden agreed to submit the east elevation change as discussed. Knox noted for clarification purposes, it will be made a
condition of approval.
Chambers moved to recommend approval of this application with the condition the east elevation changes be incorporated
as discussed,which would include the delineation and replication of the entrance columns, and the stair railings on the north
elevation be simplified to minimize their impact on the design. Steele seconded the motion and it was unanimously
approved.
BUILDING PERMITS
Permits reviewed by members of the Historic Commission and issued during the month of August follow:
44 North Second Street Trinity Church Addition
129 Fifth Street Rexford Smith Addition
241 North Laurel Street Rickert/Leger Second SFR Unit
136"B" Street Joseph Rodriguez Carport
161 East Main Street Treasured Memories Sign
North Main/Maple Streets Ashland Community Hospital Fnd Sign
"A" Street Office Supply 249"A" Street Sign
REVIEW BOARD
Following is the August schedule for the Review Board,which meets every Thursday from 3:00 to at least 3:30 p.m. in the
Planning Department:
September V Skibby, Foll and Lewis
September 10'" Skibby, Bailey, Steele and Cowan
September 17'" Skibby, Bailey, Chambers and Shostrom
September W Skibby, Anderson and Steele
October 1" Skibby, Foll and Lewis
OLD BUSINESS
Proiect Assignments for Planning Actions
PA# Address Persons Assigned
96-086 685"A" Street Curt Anderson/Jim Lewis
97-018 661 "B" Street Jim Lewis
98-022 112 Heiman Street Vava Bailey
98-082 141 Lithia Way Dale Shostrom
98-034 221 Oak Street Dale Shostrom
98-039 Holly Street Joan Steele and Joyce Cowan
98-045 122 Church Street Vava Bailey
98-047 Between 548 &628 North Main Street Joyce Cowan
�C
98-070 595 North Main Street Terry Skibby and Dale Shostrom
97-072 440 East Main Street Joyce Cowan
98-075 542 "A" Street Jim Lewis
98-091 559 Scenic Drive Vava Bailey
Meter Locations
There was nothing new to report
Ashland Historic Commission
Minutes
September 2, 1995 2
Grant for National Register Web Site
Steele updated the Commission on the web site"grant", which will not bring in any dollars,just"glory to the Commission".
She and Knox had spoken to Patrick Andrus regarding the grant and he had suggested all the property owners be notified
by mail explaining the ramifications parameters of having their properties on the web site. She volunteered to write the
letter explaining what the project entails.
Goal Setting/Orientation Meeting
The Commission decided to change the October meeting date to Tuesday, October 6'". The Commission will meet at the
Community Center at 3:00, go to the historic power house for a tour, then come back for the goal setting/orientation
meeting prior to the regular monthly meeting. Kay Atwood will be invited.
NEW BUSINESS
State Advisory Committee on Historic Preservation
The Ashland Railroad Addition Historic District nomination will go before the State Advisory Committee on Historic
Preservation on October 300. Skibby and Foil will ride up with Knox to attend the meeting in Salem.
Commission Discussion
Skibby discussed the siding and window trim that has been applied to the building on the corner of Fourth and "B" Streets.
No permit was required. He also discussed the two new posts and flashing on the front of Briscoe School by the fountain.
No permit was taken out; staff was unsure one was needed.
ADJOURNMENT
With a motion by Shostrom and second by Skibby, it was the unanimous decision of the Commission to adjourn the
meeting at 9:23 p.m.
Ashland Historic Commission
Minutes
September 2, 1998 3
City of Ashland
PARKS AND RECREATION COMMISSION
SPECIAL MEETING
MINUTES
August 26, 1998
ATTENDANCE:
Present: Al Alsing, Bob Bennett, JoAnne Eggers, Laurie MacGraw, Director Ken
Mickelsen
Absent: Teri Coppedge
I. CALL TO ORDER Chair MacGraw called the meeting to order at 11:30 a.m. at the
Department Office, 340 S. Pioneer Street.
II. REVIEW OF BIDS FOR MAINTENANCE FACILITY
Four bids had been offered for the contract to construct the Maintenance Building and Carport at
Oak Knoll Golf Course. Staff recommended that the Commission accept the low bid from WCM
Builders in the amount of$198,078.
Superintendent Gies said that he had spoken with Bill Murphy, owner of WCM Builders, today.
Mr. Murphy is new to this area but had been a builder since 1975. He said that Mr. Murphy has
done some work locally and has a good reputation for the work he has done. In response to
Commissioner inquiries, Director Mickelsen said that the bids had come in between $20,000 and
$30,000 higher than originally budgeted but felt that it could still be handled within the
Department's overall budget framework. The additional cost is due to aesthetic enhancements
which were made to the design. Because the facility would be very visible from Hwy. 66, staff
had worked closely with Planning Department staff to make the facility attractive.
Commissioner Bennett asked about completion deadlines and penalties which might be attached in
not meeting a completion deadline. Director Mickelsen said that the contract which would be
drafted related to the project would include an anticipated completion date but that it would not
include a penalty section per se. Instead, the contract would outline a payment schedule which
would include retainage so that the contractor would be paid percentages for satisfactory
completion of progressive phases of the project and the Department would retain a sufficient
amount from the payments to insure that the project could be completed if the contractor should
default in some manner.
MOTION Following brief discussion, Commissioner Bennett made a motion to accept the bid from WCM
Builders for the Maintenance Building and Carport per bid specifications provided that staff
found that the company's references check out satisfactorily and that a contract was signed which
indicated an approximate completion date and appropriate payment schedule. Commissioner
Alsing seconded.
The vote was: 4 yes - 0 no
W
Special Meeting-August 26, 1998 Page 2
Ashland Parks and Recreation Commission
Review of bids-continued
MOTION Commissioner Alsing made a follow-up motion indicating that if the low bidder did not meet the
conditions stipulated in the above motion, that staff would offer the contract to the next lowest
bidder, R.A. Murphy Construction, provided that company met the conditions. Commissioner
Eggers seconded.
The vote was: 4 yes - 0 no
II ADJOURNMENT With no further business, Chair MacGraw adjourned the meeting.
Respectfully submitted,
)U kda-
Ann Benedict, Business Manager
Ashland Parks and Recreation Department
City of Ashland
PARKS AND RECREATION COMMISSION
REGULAR MEETING
MINUTES
August 17, 1998
ATTENDANCE:
Present: Al Alsing, Bob Bennett, Teri Coppedge, JoAnne Eggers, Laurie MacGraw
Director Ken Mickelsen, Councillor Wheeldon
Absent: None
I. CALL TO ORDER Chair MacGraw called the meeting to order at 7:00 p.m. at the
Council Chambers, 1175 E. Main.
II. ADDITIONS or DELETIONS TO THE AGENDA
Commissioner Alsing requested that an item related to obtaining a grant for rehabilitating the
old auto camp building near the Department office be placed under Old Business.
III. APPROVAL OF MINUTES
A. Regular Meeting - July 20. 1998
Commissioner Alsing made a motion to approve the minutes of the Regular Meeting of
July 20, 1998 as written. Commissioner Bennett seconded.
The vote was: 4 yes - 1 abstain(MacGraw)
IV. REVIEW OF FINANCES
A. Approval of previous month's disbursements
Commissioner Eggers made a motion to approve the previous month's disbursements as
indicated by checks 1120265 through#20763 in the amount of$331,786.94. Commissioner
Alsing seconded.
The vote was: 5 yes - 0 no
B. GFOA Certificate of Achievement for FY 1996-97
Chair MacGraw noted that the Commission had received notice from the Government Finance
Officers Association that it had been awarded a Certificate of Achievement for its
Comprehensive Annual Financial Report for the Fiscal Year ending June 30, 1997. This is the
10' consecutive year that the Commission and Department has received the award. On behalf
of the entire Commission, Chair MacGraw thanked staff for its continued excellence in
maintaining the Commission's financial records.
V. PUBLIC PARTICIPATION
A. Request from Where We Live Productions to film in Lithia Park
Three representatives from Where We Live Production, an Ashland based film company,
were present to gain authorization from the Commission to shoot portions of their film, The
Ruby Princess Runs Away, in Lithia Park. Current Commission policy prohibits use of the
park for commercial ventures other than those community-wide and community-sponsored
activities such as July 4 h celebration.
Regular Meeting-August 17, 1998 Page 2 of 4
Ashland Parks and Recreation Commission
Request to film in Lithia Park-continued
In a letter to the Commission dated August 10, 1998, Malcolm Hillgartner, Creative Director of
Where We Live Productions, indicated that the company had been formed in part to provide a
venue for Ashland residents to work at home rather than commute to Los Angeles, NewYork, or
other cities to make a living. They hoped that as the company grew it would be able to provide
additional job opportunities for people in the area.
Lynn Reynolds, Jahnna Beecham, and Joan McGowan from Where We Live outlined how the
company envisioned using various park locations for The Little Princess, a one-hour video
adaptation of a children's' story. They said that various spots in the park would be ideal for
proposed scenes in the video; two examples were footbridges under which trolls could lurk and the
stairs up to the Perozzi Fountain which could be transformed into the entrance to a castle. During
the presentation, Ms. McGowan indicated that all of the staff from Where We Live were
professionals and very used to adhering to guidelines set for using private or public property when
filming. She said that the company would take great care of the park area if permitted to use it and
would guarantee that it be returned to its original condition prior to filming.
During their presentation, Ms. Beecham indicated that after speaking with Department staff and
learning that the Commission has been consistent over the years in upholding its policy prohibiting
fund-raising events or commercial ventures in Lithia Park, the company had pretty much decided
not to ask for an exception. However, she said that in speaking with other local people involved in
film-making that they said that they use Lithia Park all the time. In fact, earlier this month, a
filming had taken place at the upper pond in Lithia Park on three consecutive days. Both
Commissioners and Department staff were surprised to hear that that level of commercial activity
was taking place in the park without it having come to the attention of staff if not the Commission
itself.
In discussion of the request, Commissioners indicated that although they personally could
appreciate the company's interest in using Lithia Park as a location and hoped that Where We Live
Productions was successful, that they believed the current policy prohibiting using the park for
commercial ventures was in the best interest of the community. In setting policies for the use of
the park, the Commission's intent is to keep the park open to use by the general public as much as
possible. Due to its nature, Lithia Park is in high demand for all kinds of organized activities.
Restricting the use of the park for commercial ventures is a part of the overall policy which helps
keep the park open to general use. Commissioner Bennett said that he would support a review of
the policy.
MOTION Commissioner Eggers made a motion to uphold current policy prohibiting commercial ventures
from using Lithia Park and, thereby, to deny the request from Where We Live Productions.
Commissioner Alsing seconded.
The vote was: 5 yes - 0 no
Following the vote, Councillor Wheeldon suggested that the Commission may choose to review its
policy from the viewpoint of offering economic development opportunities in the community, and,
perhaps, in a Study Session the Commission could gather information from those who would be
interesting in using the park for commercial purposes. Joan McGowan encouraged the
Regular Meeting-August 17, 1998 Page 3 of 4
Ashland Parks and Recreation Commission
Reguest to film in Lithia Park-continued
Commission to review its policy indicating that she believed that it was too broad. She felt that
it would be possible to make some exceptions without having the park over used for
commercial purposes. Chair MacGraw said that in January or February each year the
Commission took the opportunity to review various policies. She asked staff to make a note
that the Commission may want to review this policy at that time.
B. Open Forum None
VI. OLD BUSINESS
A. Applying for grant to rehabilitate the auto camp building
As previously authorized by the Commissioners, Commissioner Alsing said that he and
Commissioner Bennett had been investigating having the old auto camp building near the
Department Office rehabilitated so that it could be preserved. He said that in preliminary
discussions with the So. Oregon Historical Society, it had been determined that they might be
interested if offering a small grant for the project, approximately $2,000. He was asking for
Commission approval to apply for the grant.
MOTION Receiving positive response from Commission, Commissioner Alsing made a motion to
approve applying for a grant from SOHS for the purpose of rehabilitating the old auto camp
building. Commissioner Bennett seconded.
The vote was: 5 yes - 0 no
Following the vote, Commissioner Eggers asked that, if the grant were received, that the full
Commission be advised on the kind of restoration being considered for the building.
VII. NEW BUSINESS None
VIII. COMMUNICATIONS and STAFF REPORTS
Director Mickelsen gave a brief overview on the progress of flood restoration projects in upper
Lithia Park and on Calle Guanajuato. He said that work was progressing rapidly on the in-stream
tasks which had been permitted so that most of the work could be completed within the permit
time-line, approximately the middle of September. Work on the Calle related to FEMA projects
was also underway and staff believed they would be completed by the October 31, 1998, FEMA's
deadline.
IX. ITEMS FROM COMMISSIONERS None
X. UPCOMING MEETING DATES and PROPOSED AGENDA ITEMS
Director Mickelsen said that in order to move forward in a timely manner, the Commission may
want to hold in a Special Meeting to review the bids for construction of the new maintenance
facility at Oak Knoll Golf Course. Tentatively, the Commission set Noon on August 26, 1998 for
a Special Meeting to review the bids.
Regular Meeting-August 17, 1998 Page 4 of 4
Ashland Parks and Recreation Commission
ITEMS FROM COMMISSIONERS-continued
Commissioner Eggers requested that the Commission review the Valdez Principles at its next
Regular Meeting and to consider formally adopting them as policy.
After brief discussion, the Commission set Monday, August 31, 1998 at 7:00 p.m. as the date and
time to hold a brief "open house" at N. Mountain Park to update the public on progress related to
the development of both the active and natural areas.
XI. ADJOURNMENT With no further business, Chair MacGraw adjourned the meeting.
Respectfully submitted,
Ann Benedict, Business Manager
Ashland Parks and Recreation Department
BICYCLE COMMISSION '
Thursday June 18, 1998
Meeting Minutes
Members Present: Darrel Gee, Ken Hagen, Landon Hilliard, Tom Powell, and Tim Gary . Staff present:
Maria Harris, and Mindy Bath.
I. CALL TO ORDER:
City Council Ken Hagen called the meeting to order at 5:07 p.m.
II. APPROVAL OF MINUTES:April 16 1998 & May 21, 1998:
Ken Hagen stated the minutes would stand approved as submitted.
Ill. ITEMS FOR DISCUSSION:
A. Public Forum
No discussion was held.
B. Facility Development
-Oak Sreet Traffic Calming Proposal: Status
Harris brought in the map of the proposal which is still in progress but had the latest plans. The commission
observed and discussed situation about cross-walks, side walks and traffic on Oak and Hersey streets.
-Bicycle Lockers: Status
Harris is still in the process of contacting the salesman. She sent out 10 request for quotes and got 3 back.
The spot for the eight bike lockers is set and ready for them. The commission discussed whether they
wanted a coin operator, rent a lock or have the individual use their own personal lock. Gee made a motion
to try the coin operator, which will be available from the hours of 4:00pm to 2:00am. Gary second the
motion.
C. Planning Issues
-Review Planning Actions: Subcommittee Comments
No discussion was held.
D. Future Events/Promotions
Discussion was held on the problems,concerns and safety issues with bike lanes on certain streets. Hagen
made a motion to send a request to Paula Brown and Mike Freemen that the bike lanes need to be re-
painted and swept.
E. Bicycle Safety Education Committee
PAGE 1-(c:bikfeb98.Min)
-Siskiyou Wheelmen Activities: Status
No discussion was held.
F. Other.
Hagen would like to order the video, Affective Cycling. Hagen made a motion to buy one year use of the
video. Powell second the motion.
Discussed traffic situations and bike lanes on Tolman and East Main Streets.
IV. COMMENTS: Commission or Spectators.
V. INFORMATIONAL ITEMS
A. Other.
VI. ADJOURNMENT
There being no further business the meeting adjourned at 7:04 p.m.
I
i
I
PAGE 2-(c:bikfeb99.Min)
Monthly Building Activity Report: 08/98 Page 1
# Units Value
SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS:
Building:
ACCESSORY RES UNIT 1 37, 000
ADDENDUM/PERMIT 9806079 1 0
ADDITION 2 76, 055
CARPORT 1 5,255
COVERED PATIO 1 5, 000
DEMOLITION OF SHED 1 0
FENCE 5 8, 972
INT. SPRINKLER SYS. 1 4,695
INTERIOR REMODEL 1 19, 900
SFR 5 640,804
SPECIAL INSPECT/BASEMENT 1 0
SPECIAL INSPECTION 2 110
Subtotal: $ 797,791
Electrical:
15 BRANCH CIRCUITS 1 4, 000
ALARM SYSTEM 2 1, 321
LINE FOR FEEDER/3 BR CIRC 1 500
ONE BRANCH CIRCUIT 1 100
PANEL CHANGE 1 700
SERVICE CHANGE 4 3,350
SERVICE CHANGE/1 BR CIR 1 1,200
TEMPORARY POWER 1 137
Subtotal: $ 11,308
Mechanical:
5 GAS LINES/GAS RANGE 1 300
AIR COND/1 BR CIR 1 2, 190
AIR CONDITIONER 1 1, 700
GAS LINE & FURN IN .FUTURE 1 2, 700
GAS LINE/AC 1 1,625
GAS LINE/FURN/AC 1 5, 855
GAS LINE/FURN/AC/2 BR CIR 2 9, 957
GAS LINE/FURN/PLMB/3 BR C 1 6, 581
GAS LINE/FURNACE/l BR CIR 1 3, 347
GAS LINE/FURNACE/AC 3 14,404
GAS LINE/GAS FURNACE 1 2,598
GFAU/AC 1 4,000
Monthly Building Activity Report: 08/98 Page 2
# Units Value
SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS:
Mechanical:
RELOCATE GAS LINE 1 100
WOODSTOVE 1 1, 150
WOODSTOVES (2) 1 1,400
Subtotal: $ 57, 907
Plumbing:
2 BACKFLOW DEVICES 2 2,100
2 SEWER LINES 1 0
ADD LAUNDRY SINK 1 75
BACKFLOW DEVICE 5 4,250
SEWERLINE/WATER LINE 1 500
WATER LINE (1401 ) 1 475
Subtotal: $ 7,400
***Total: $ 874,406
COMMERCIAL:
Building:
ADDITION 1 137,839
ESPRESSO BAR 1 2, 500
FENCE 1 700
INTERIOR REMODEL 2 36,000
MODIFY TANK TOPS 1 8,000
OFFICE 1 400, 000
REROOF 1 17,899
RETAINING WALL 1 22, 000
Subtotal: $ 624, 938
Electrical:
ALARM SYSTEM 2 1,042
ELECTRIC TRAFFIC SIGNAL 1 0
SERVICE/1 BRANCH CIRCUIT 1 2,000
TEMPORARY SERVICE 1 10, 000
Subtotal: $ 13, 042
Mechanical:
ELECTRIC FURNACE 1 2,296
Monthly Building Activity Report: 08/98 Page 3
# Units Value
COMMERCIAL:
Mechanical:
GAS PACKAGE UNIT 1 6, 500
VOIDED ON 09/10/98 1 3, 139
Subtotal : $ 11, 935
Plumbing:
REPLACE SEWER/STORM DRAIN 1 1, 000
Subtotal: $ 1, 000
***Total: $ 650, 915
Total this month: 81 $ 1, 525,321
Total this month last year: 81 $ 2, 702, 936
Total year to date: 180 $ 4, 548, 847
Total last year: 175 $ 5, 037, 871
This month This month This year
last year
Total Fees: 17,653 27, 114 52, 199
Total Inspections: 738 666 1560
o
NEW CONSTRUCTION: 8/98
RESIDENTIAL
PAGE NO. 1
09/17/98
ADDRESS #UNITS CONTRACTOR VALUATION
** ACCESSORY RES UNIT
241 LAUREL ST N MEDINGER CONST. CO. INC. 37000.00
** Subtotal **
37000.00
** CARPORT
136 B ST OWNER 5255.00
** Subtotal **
5255.00
** SFR
115 WESTWOOD ST ASHER, STEVEN DBA ASHER 236235.00
HOMES
309 GRANITE ST OWNER 80315.00
267 NINTH STREET ALLEY COX, FRED--CONSTRUCTION 59254.00
816 BOULDER CREEK LANE MEDINGER CONST. CO. INC. 133000.00
2530 NO ADDRESS MARK JERNIGAN 132000.00
CONSTRUCTION
** Subtotal **
640804.00
*** Total ***
683059.00
NEW CONSTRUCTION: 8/98
COMMERCIAL
PAGE NO. 1
09/17/98
ADDRESS #UNITS CONTRACTOR VALUATION
** ESPRESSO BAR
1080 SISKIYOU BV SISKIYOU PLUMBING INC 2500.00
** Subtotal **
2500.00
** OFFICE
420 WILLIAMSON WY OWNER 400000.00
** Subtotal **
400000.00
*** Total ***
402500.00
LEAGUE OF OREGON CITIES
9998 ANNUAL CONFERENCE AND BUSINESS MEETING
November 6 - 8, 1998 - DoubleTree /Jantzen Beach Hotel, Portland
Designation of Voting Delegate
At Annual Business Meeting
The annual business meeting will be held Sunday, November 8th, at 7:30 a.m. Each city is entitled
to cast one vote at the business meeting; however, all city officials are encouraged to attend.
Use this form to indicate those persons who will represent your city as a voting delegate and alternate
delegate. The voting delegate or alternate should pick up a voting card at the Conference Registration
Desk on Sunday morning prior to the business meeting. NOTE: Delegates may not vote without a
voting card, and voting cards will be issued only to a person indicated on this form Voting by proxy
will not be permitted.
FOR THE CITY OF
VOTING DELEGATE:
Name
Title
ALTERNATE:
Name
Title
Submitted by:
(Signature)
Name
(Print)
Return by October 23 to: Title
League of Oregon Cities City
PO Box 928
Salem, OR 97308 Telephone ( ) Fax
O:ILOCIL000ONFIVOMEL
CITY OF ASHLAND
Office of the Mayor ao
�".0 EGpa,. ^
MEMORANDUM
DATE: September 30, 1998
TO: All City Council Members
FROM: Catherine Shaw, Mayor 6 n
RE: Appointment of Alexander Amarotico to Planning Commission
I would like to confirm approval of the appointment of Alexander Amarotico to the
Planning Commission for a term to expire on April 30, 2001.
Copies of the advertisement as it appeared in the Ashland Daily Tidings and responses
are attached.
45--,4 / /
The City of Ashland has one volunteer position
on the. Planning Commission.: The _vacant
position is for a term that will expire on April 30,
2001 .
If you are interested in being considered for this
volunteer position, please submit your request
in writing with a copy of your resume to Mayor
Catherine Shaw at City Hall, 20 E. Main. Street;
before Friday. September 11,1998.
J.
COMPANY i ,
September 10, 1998
Mayor Catherine Shaw
City of Ashland
20 East Main Street
Ashland,OR 97520
Dear Cathy Shaw,
I am writing in response to the vacant position on the City Planning Commission. I have spoken with John
McLaughlin and several Members of the current Planning Commission, including Steve Armitage and
Mike Morris. Our discussions have included the commission's responsibility to the community and the
time commitment required for members of the commission.
My involvement with the Ashland Planning Commission dates back to the developing stages of Standing
Stone Brewing Company. I welcome an opportunity to be involved in decisions that shape the future of
Ashland. I believed could contribute in this position because of my years of hands on experience with
historical and design issues in the building trades. ,
I am very interested in this position. I believe I can fulfill community responsibilities and the time
commitment required. Enclosed is my resume detailing relevant experience for your review. 'Thank-you
for your consideration. .
Sincerely,
exander Amarotico' l
C', ti\
101 Oak Street Ashland, Oregon 97520-1802 • (841) 482-2448 .
101 Oak Street Phone 541-482-2448
Ashland OR 87520 E-mail dna@mind.net
Alex Amarofico
Professional 1996-.1998 Standing Stone Brewing Co Ashland OR
experience Vice.president
• Management of operations
• Brewing Manager in charge of all brewing systems
• Responsible for all facilities,upkeep
• Planning and execution of ongoing improvements and additions
1992- 1996 Amarotico Construction Co San Francisco CA
Owner
• Specialized in residential renovations
• Solving structural problems(Often related to seismic issues)
• Bidding and record keeping
1987-1992 AGA Construction Bucks County PA
Owner
• Bidding
• General management
• Oversight of workers orr multiple job sights
i
FRENY MDNSHI 6,aa
rr�
Ashland, Oregon 97520
ge� 1 °193
OBJECTIVE
To obtain employment in an office environment. I enjoy dealing With
People. I am friendly, Prompt and eager to learn. I feel that I
would be an asset to your company.
EDUCATION
1989 REAL ESTATE LICENSE: Lumbleau Real Estate
1986 SECRETARIAT. COURSE: Watterson College, Sherman Oaks, CA.
Computer literate
1967 BACHELOR OF ARTS: Loretto Girls College, Calcutta, India
I
EMPLOYMENT EXPERIENCE
ACCOUNTING CLERK- Certified Life Insurance Company
CLAIMS EXAMINER- Blue Cross of Southern California
RECEPTIONIST- Mickey Ardi Realtors, Chatsworth, CA.
DATA ENTRY OPERATOR- Home Savings
LICENSER- Amwest Insurance
HOBBY: Water color painting
II
I
LAW OFFICES OF TOM PETERSEN
521 E. Main street Tel. 15411 482-1700
Ashland, OR 97520 Fax 15411 482-1871
serving Oregon and ealifonda
September 14, 1998
Mayor Cathy Shaw
City of Ashland
20 East Main Street
Ashland, OR 97520
Re: City Planning Commission
Dear Mayor Shaw:
I want to take this opportunity to introduce myself to you and to inform you that I am interested
in being chosen as the next Ashland Planning Commissioner. In support of my request for
consideration, I offer the following.
I have been an avid fan of Ashland since I first visited here in the early 1970s. As a dramatic art
major at U.C. Berkeley, I was taken with the theatre here and how special the blended
atmosphere of Shakespeare and mountain town was. Ashland, it seemed, was a vital place.
Years, miles and professions moved me into other areas, specifically, the law. I have been
practicing law since 1982, and I am admitted in both California and Oregon. In the early to mid-
1990s I worked in Oakland, California with the former City Attorney for that city, David Self.
We were involved in planning and development, representing individual and commercial
developers. We also represented individuals in suits involving municipalities.
In 1994-95 I was a member of the City of Benicia Economic Development Board, a board which
developed a long-range plan for, you guessed it, economic development in the city. As you may
know, Benicia is a port city located at the cusp of San Francisco Bay and the Sacramento River
delta. It is a burgeoning place, with Exxon, the Port, and many auto manufacturers doing
business there. It is also an.environmentally aware place with historic roots. As,a.result, there
were always interesting issues and positions to consider when approaching the plan.
Planning Commission Letter/page two
In 1995 my family and I moved to Ashland. My wife and two daughters have become very active
in local dance and gymnastics; and I opened my practice here last year after taking the bar in
July. We absolutely love Ashland, we own our own home here; and we look forward to merging
with the community more and more as time goes by.
If you are interested in talking to me about the position, please give me a call at 482-1700, 482-
1795 (after 6 p.m.) Or at(800) 773-8926. In addition, if you would like references and a resume,
these are available on request. I look forward to hearing from you.
Yours truly,
Tom Peterse
I�
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Ralph Lepre
2305-C Ashland St. #631 (800) 931-8038
Ashland, OR 97520 PageNoicemail
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RaIpA 2eAe
2305-C Ashland St. #631 (800) 931-8038
Ashland, OR 97520 PogeNoicemoil
EDUCATION
Los Angeles City College Los Angeles, Calif. ART
Glendale College Glendale, Calif. ARCHITECTURE
Art Center School of Design Los Angeles, Calif. PRODUCT DESIGN
EXPERIENCE
1993—Present Actor
Warner Bros., Paramount, Universal, etc.
*Acting in various Motion Pictures,Television and Commercials
1991-1993 Self-Employed
Shore Contractor Services, Belmont Shore
•Maintenance and repair of commercial and residential properties
198()-1991 Owner/Manager
Don Cisco Mexican Restaurant, Belmont Shore
•Supervised and managed restaurant on a daily basis
1976-1982 Designer/Builder—Owner/ Manager
Don Cisco Mexican drive-thru restaurant, Anaheim
-Design, construction, on-site supervision and turnkey completion
*Management of restaurant on a daily basis
1974-1976 Principal Designer
Fluor Engineers and Constructors, 3340 La Palma, Anaheim
Alveska Pipeline Service Co.
•Final checking of pump station I thru 12, Pump Building and
Topping Unit (Crude Surge Drum, Topping Tower, etc.)
1. d ^--- -_
i =-,lOi us,uw�5 Bin+ �.vuew..w,:�, 5557 Fe7gus0❑ Dr., LOS Angeles
National Iranian Oil Co., Esfajan, Iran
-Layout and design of piping for refinery heaters (Crude and
Vacuum. Visbreaker, Platformer) and vessels.
1973 — 1974 Senior Piping Designer
Ralph M. Parsons Co., 100 W. Walnut, Pasadena
Kerr McGee, Trona. Calif'.
•Lavout and design of addition to existing fossil fueled power plant
-Responsibility for palnning,scheduling and supervision
1968-1973 Senior Designer
Litton Ship Systems, 2560 Walnut, Culver City
*Supervision of engineering group of all design disciplines
involved in the integration of machinery and piping within
the ship (U.S. Navy L.H.A.)
• Group provided the interface between Engineering and
Fabrication throught the use of models and composite drawings
REFERENCES Available upon request
Howard W. Braham
800 Acorn Circle
Ashland, OR 97520
(541) 482-7117
August 30, 1998
Vi r.. .. _ r •! i
Catherine Shaw, Mayor `s L`�I
City Hall
20 E. Main Street
Ashland, OR 97520
Dear Mayor.
It is with a great deal of pleasure that I request you include me as a candidate for the
volunteer position on the Citys Planning Commission. A copy of my resume is on file
in your office.
Briefly, here are my qualifications. I have served on or advised several federal, state
and local commissions over the past 25 years including chief U.S. scientific advisor to
the International Whaling Commission; and as a member of Seattle City School's
Sex Equity Commission. During this time I also administered and managed the
planning process of a multimillion dollar research program for the U.S. Department of
Commerce/NOAA; and I routinely participated in regional as well as international
planning activities that required dose coordination with local governments and
special interest groups, including testifying to city and county councils, in front of
commissions and in federal count. I also dealt with the media on a routine basis! I
have a wealth of experienc-_ in public matters that might help to you and the City's
planning process, such as, I am an experienced law enforcement officer, public
school teacher, college professor, coach, real estate salesman, and independent
businessman, among others. Lastly, as a retired person, and a volunteer in Ashland
Public Schools, I am available to address city needs through the interests of our
oldest and youngest human resources.
I would be pleased to serve the City of Ashland and to help us grow and develop in
the most thoughtful ways possible, keeping in mind our historic land-use heritage. .
Sincerely, o
Howard W. Braham
Howard W. Braham
1345 Romeo Dr. U Li FI-i
---------------------------
P.O. Box 1064
Ashland, OR 97520
(541) 482-7117
Education
• PhD - The Ohio State University, Columbus (Environmental/Conservation Biology), 1975
• M.S. - California Polytechnic State University, San Luis Obispo(Marine Biology), 1972
• B.S. - California State Univ., Los Angeles (Criminology/Police Sci. &Admin.), 1966
Professional Employment, Appointments and Administration (permanent positions)
• Director, National Marine Mammal Laboratory,NOAA,Seattle(14 yrs., retired 1997)
• NOAA Fellowship Advisor,National Research Council,National Academy of Sci. (18 yrs.)
• Chairman,U.S. Gray Whale Endangered Species Act Task Force(3 yrs.)
• Steering Committee,U.S.-Russia Environmental Protection Agreement, Area-V (16 yrs.)
• Board of Governors, Society for Marine Maminalogy(Membership Chairman) (4 yrs.)
• Vice-Chairman, U.S. National Humpback Whale Recovery Team (3 yrs.)
• Chief U.S. Scientist and subcommittee chairs, International Whaling Commission(13 yrs.)
• Police Officer, City of West Covina (CA)(4 yrs.)
• Real estate salesman and appraiser(CA)(3 yrs.)
Community Activities
• Coach,girls fastpitch softball, Ashland Little League(OR)
• Member, Sex Equity Commission, Seattle Public Schools (WA)(I yr.)
• Board of Directors, Seattle Aquarium Society(WA) (3 yrs.)
• Coach,junior soccer program,Bellevue/Kirkland Boys &Girls Club (WA) (I yr.)
• Coach, boys hardball,West Covina Little League(CA) (I yr.)
Teaching and University Affiliations
• Adjunct Professor, Department of Biology, Southern Oregon Univ. (OR)(vote pending)
• Affiliate Assoc. Professor, College of Ocean&Fishery Sci., Univ. Washington(18 yrs.)
• Research Associate,Argonne National Laboratory, University of Chicago(IL) (2 yrs.)
• Graduate lecturer, Department of Zoology,The Ohio State University(3 yrs.)
Research Associate, U.S. Fish and Wildlife Service,The Ohio State University(I yrs.)
• Instructor,Department of Biological Sciences, Cal Poly(3 yrs.)
• Math teacher and Head Coach, Burke Junior High School (CA) (I yr.)
• Substitute teacher,West Covina Unified School District(CA) (4 yrs.)
Publications and Other Support
• Authored over 125 scientific publications and technical reports (about 75 peer papers)
• Generated or supervised work on more than $50,000,000.00 in Federal and private dollars
• Worked with Congress and policy advisors on helping to enact Federal legislation
• Sat on or advised more than 100 committees,commissions or working groups (over 25 yrs.)
• Visited or worked in 45 U.S. states and 15 countries
Recognition and Awards
• U.S. Department of Commerce Bronze Medal (for recovery of the California gray whale)
• Unit Citation and Certificate of Excellence(in response to the Exxon Valdez oil spill)
• Distinguished Alumnus of the Year, California Polytechnic State University
• NOAA Administrator's Award(for excellence in science and management)
Council Communication
Public Works Department
October 6, 1998
Submitted by: Paula Brown
Reviewed by: Paul Nolte C
Approved by: Mike FreemanM
Title:
A Resolution Authorizing and Ordering the Local Improvements for Waterline Road from
Morton Street 500 Feet Easterly for the Waterline Road Local Improvement District and
Authorizing Assessment of the Cost of the Improvements against Property to be Benefrtted and
Providing that Warrants Issued for the Cost of the Improvement be General Obligations of the
City of Ashland, and Authorizing the City to Borrow Money and Issue and Sell Notes for the
Purpose of Providing Interim Financing for the Actual Cost of the Local Improvement
Synopsis:
Council,through resolution, directed staff to develop cost estimates for the improvements to the
Waterline Road. October 6, 1998 was established as the public hearing date at the September 1,
1998 Council meeting. The attached resolution establishes the level of improvements and
assessments for the Local Improvement District(LID) for Waterline Road. Assessments of
$3,608.68 for each lot in the LID are shown on Exhibit A to the resolution and the map of the
assessment area is shown on Exhibit B.
Recommendation:
Staff recommends the Council adopt the attached resolution for the formation of Waterline Road
Improvements LID. It is also recommended that no final assessments will be made on benefitted
properties for the Waterline Road improvements until a city-approved preliminary development
plan for three or.more lots is in effect for Tax Lot 300, 39 l E 16 AC, also known as the Alston
property. The attached resolution includes language to this effect.
Background Information:
The Waterline Road improvements include curb, gutter, pavement, storm drain improvements,
two fire hydrants, an inch water line, and retaining wall structures as required. .Sidewalks are
not recommended as a part of these improvements due to extraordinary site conditions and
excessive additional,work that would be required for the additional road improvement width.
Staff is proposing to maintain a narrow road section through the improvement area and is
generally recommending a 20 foot pavement section as opposed to the 22 foot section shown on
the estimate. Staff also proposes that the 8" ductile iron pipe water line be part of the City's cost.
The estimate has not been revised to show these changes, as the full design of the street section
and associated improvements has not been completed, pending formation of the LID., The cost to
each lot within the LID is estimated at$3,608.68.
v 1
Staff has meet with representatives of the Park Estates Subdivision Home Owners Association
(HOA) on several occasions. The representatives of the HOA requested that the City consider
forming the LID, but not require the actual improvements to the road be made until an approved
development plan for three or more lots (consistant with subdivision requirements) was adopted
for the Alston property adjacent to Waterline Road. Staff has received remonstrance notification
from 38 of the 47 lots in the proposed LID should the Council determine that an approved
development plan not be necessary for the formation of the LID. The remonstrance would be
null and void should the Council adopt the language as proposed in the attached resolution. The
option of delaying the actual improvements meets the needs of the City.
Should the Council not want language in the resolution delaying the actual street and associated
improvements until a development plan of three lots or more is approved for the Alston property,
then the remonstrances must be considered to exist so that "all action on the improvement shall
be suspended for a period of six months." (Ashland Municipal Code § 13.20.050.C; see also
Ashland City Charter Article 11, §2). If action is suspended the Council could still set a date at
least six months from tonight's council meeting (April 6, 1999) for the adoption of the formation
resolution without such language. No further notice to the lot owners would be necessary.
I.
In such case, the Council should direct the city recorder to report on any lien searches on Park
Estates lots occurring between October 6, 1998, and April 6, 1999, that the lots are subject to the
pending formation of a local improvement district, the formation of which will be considered by
the City Council on April 6, 1999.
I
f
I .
RESOLUTION NO. 98-
A RESOLUTION AUTHORIZING AND ORDERING THE LOCAL
IMPROVEMENTS FOR WATERLINE ROAD FROM MORTON STREET
500 FT. EASTERLY FOR THE WATERLINE ROAD LOCAL
IMPROVEMENT DISTRICT AND AUTHORIZING THE ASSESSMENT
OF THE COST OF THE IMPROVEMENTS AGAINST PROPERTY TO BE
BENEFITTED AND PROVIDING THAT WARRANTS ISSUED FOR THE
COST OF THE IMPROVEMENT BE GENERAL OBLIGATIONS OF THE
CITY OF ASHLAND, AND AUTHORIZING THE CITY TO BORROW
MONEY AND ISSUE AND SELL NOTES FOR THE PURPOSE OF
PROVIDING INTERIM FINANCING FOR THE ACTUAL COST OF THE
LOCAL IMPROVEMENT.
RECITALS:
A. The Council has declared by resolution its intention to develop the improvements
described in the above title and in the improvement resolution previously adopted
and to assess upon each lot or part of lot benefitted by the improvement its
proportional share of the cost of the improvement; and
B. Notice of such intention was duly given, a public hearing was held and it appears
to the Council that such improvements are of benefit to the city and all property to be
assessed will be benefited to the extent of the probable amount of the respective
assessments to be levied for the costs.
THE CITY COUNCIL OF THE CITY OF ASHLAND RESOLVES:
SECTION 1. A local improvement district is created and shall consist of all the tax
lots described in the attached Exhibit A. The district shall be called the Waterline
Road Local Improvement District, No.
SECTION 2. The council intends to make. local improvements to provide the
improvements described in the above title. Such improvements will be in
accordance with costs estimated to be $169,608 all of which will be paid by special
...assessments on benefited properties. Costs will.be allocated on a per lot basis. of
approximately $3,608.68 per lot. Lots will be assessed as specified on the attached
Exhibit A. The council also directs that no final assessments will be made on benefitted
properties for the Waterline Road improvements until a city-approved preliminary
development plan for three of more lots is in effect for Tax Lot 300, 39 1 E 16 AC,also
known as the Alston property.
SECTION 3. The City of Ashland is authorized to borrow money and issue and sell
notes for the purpose of providing interim financing for the actual cost of the local
improvement. The notes may be payable from the proceeds of any bonds, issuance
of additional notes.or from any other sources from which the bonds are payable.
PAGE 1-FORMATION RESOLUTION.(G:wnuvawatenae LID ReSaetm(pt,).wpd)
This borrowing shall be issued according to the terms of ORS 223.235(7).
SECTION 4. The assessment imposed upon benefitted properties is characterized
as an assessment for local improvement pursuant to ORS 305.583(4).
SECTION 5. The city recorder is directed to prepare the estimated assessment of
the respective lots within the local improvement district and file it in the lien records
of the city.
This resolution was read by title only in accordance with Ashland Municipal Code
§2.04.090 and duly
SECTION 6. The City of Ashland expects to make expenditures from its available
funds to pay for the costs of the improvement project. 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 improvement project. To permit interest on
the Reimbursement Bonds to be excludeable from gross income, the Internal
Revenue Code of the United States require the City declare its intent to reimburse
itself from Reimbursement Bond proceeds within 60 days after the expenditures are
made. The City expects that the principal amount of the Reimbursement Bonds will
not exceed $187,000.
PASSED and ADOPTED this day of 1998.
I'
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of 1998.
Catherine M. Shaw, Mayor
Approved as to form:
Paul Nolte, City Attorney
j
PAGE 2-FORMATION RESOLUTION (G:wnuw%watenne LID Rewiuton.(ab).wpd). _
EXHIBIT A
WATERLINE ROAD (EAST)
PROPOSED LID COMPOSITION & ESTIMATED COSTS
NO. MAP NO. TAX LOT SUBDIVISION LOT ESTIMATED COST*
NO.
1 391E16AB 2200 LOT 1 BLK 2 $3,608.68
2 391E16AB 2201 LOT 2 BLK 2 $3,608.68
3 391E16AB 2202 LOT 3 BLK 2 $3,608.68
4 391E16AB 2203 LOT 4 BLK 2 $3,608.68
5 391E16AB 2205 LOT 2 BLK 3 $3,608.68
6 391E16AB 2213 LOT 9 BLK 1 $3,608.68
7 391E16AB 2214 LOT 10 BLK 1 $3,608.68
8 391E16AB 2215 LOT 11 BLK 1 $3,608.68
9 391E16AB 2220 LOT 6 BLK 3 $3,608.68
10 391E16AC 400 LOT 3 BLK 4 $3,608.68
11 391E16AC 401 LOT 1 BLK 1 $3,608.68
12 391 E16AC 402 LOT 2 BLK 1 $3,608.68
13 391 E16AC 403 LOT 3 BLK 1 $3,608.68
14 391 E16AC 404 LOT 4 BLK 1 $3,608.68
15 391 E16AC 405 LOT 5 BLK 1 $3,608.68
16 391 E16AC 406 LOT 6 BLK 1 $3,608.68
17 391 E16AC 408 LOT 7 BLK 1 $3,608.68
18 391 E16AC 411 LOT 2 BLK 4 $3,608.68
19 391 E16AC 412 LOT 1 BLK 4 $3,608.68
20 391E16AC 414 LOT.) BLK5 $3,608.68
21 391 E16AC 415 LOT 2 BLK 5 $3,608.68
22 391 E16AC 416 LOT 3 BLK 5' $3,608.68
23 391 E16AC 418 LOT 4 BLK 5 $3,608.68
24-_ 391.E16AC 419, LOT 5 BLK 5 $3,608.68
25 . 391 E16AC 420. LOT 6 BLK 5. $3,608.68.
26 391 E16AC 421 LOT 7 BLK 5 $3,608.68
27 391 E16AC 422 LOT 8 BLK 5 $3,608.68
28 391 E16AC 424 LOT 9 BLK 5 $3,608.68
29 391 E16AC 425 LOT10 BLK 5 $3;608.68
G:Dawn\EngineerLLlD\Waterline Road Assessment Cost Memo to Paula.wpd -
i
NO. MAP NO. TAX LOT SUBDIVISION LOT ESTIMATED COST'
NO.
30 391 E16AC 426 LOT 11 BLK 5 $3,608.68
31 391E16AC 427 LOT 12/13 BLK 5 $3,608.68
32 391 E16AC 429 LOT 14 BLK 4 $3,608.68
33 391 E16AC 430 LOT 15 BLK 4 $3,608.68
34 391 E16AC 431 LOT 16 BLK 4 $3,608.68
35 391 E16AC 433 LOT 15 BLK 5 $3,608.68
36 391 E16AC 434 LOT 14 BLK 5 $3,608.68
37 391 E16AC 435 LOT 13 BLK 5 $3,608.68
38 391 E16AC 436 LOT 12 BLK 5 $3,608.68
39 391 E16AC 437 LOT 11 BLK 5 $3,608.68
40 391 E16AC 438 LOT 10 BLK 5 $3,608.68
41 391 E16AC 439 LOT 9 BLK 5 $3,608.68
42 391 E16AC 440 LOT 8 BLK 5 $3,608.68
43 391 E16AC 441 LOT 7 BLK 5 $3,608.68
44 391 E16AC 442 LOT 6 BLK 5 $3,608.68
45 391 E16AC 443 LOT 5 BLK 5 $3,608.68
46 391 E16AC 444 LOT 4 BLK 5 $3,608.68
47 391El6AC 447 LOT 8 BLK 1 $3,608.68
TOTAL $169,608.00
*Without Sidewalks
1
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G:Dawn\Engineer\UD\Waterline Road Assessment Cost Memo to Paula.wpd
EXHIBIT B
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L.I.D. BOUNDARY
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...................
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...... LIMIT OF IMPROVEMENTS
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PROPOSED WATERLINE ROAD L.I.D. .
424 x:
PARK ESTATES SUB., PHASE 1 AND 2
Re: Waterline Road from Morton to Our Property Line :formation of a LID
We will go along with the request from Park Estates to not pay for the
Waterline Road from Morton Street to our property line until there is a preliminary
approval from planning for three or more houses on our property as it relates to the
sale currently in progress. If the sale is not finalized then we request the following
conditions regarding a future sale.
1. If only one or two houses are wanted by a buyer ( that buyer might later
apply for additional sites then Park Estates will be required to put in the city
approved road from Morton to our property line, with no remonstration
allowed by the owners of properties in Park Estates, they will be billed by
the city without further appeal) the city would be responsible to bring the
existing road to a safe & usable condition to our property line and
will also maintain it until such time as our property owner should decide
later to build two or more additional houses--then Park Estates would build
the road to the standards for that time, and if any new requirements for
the road were necessary, Park Estates would be required without
remonstrance, to pay the additional costs.
2. If a buyer desires to build less than three houses and insists (for the sale of
property) that a paved road from Morton St. to our property line be completed
The city will initiate the construction of that paved road at such time as a
permit to build is applied for and given to the buyer. Park Estates will then
be billed by the city without remonstrance.
3. If a buyer desires three or more houses we will then agree to the
preliminary approval from planning for the triggering of the road
completion by the city and Park Estates will be billed by the city for the
costs.
We would like to thank you for your consideration of our request.
Sincerely,
Robert & Mary Ann Alston _
831 Liberty St. '
P O Box 1312
Ashland, OR 97520 I "
482-4277 ---------
Capital
Property
Management, LLC.
September 22, 1998
City Council
City of Ashland
City Hall
20 East Main Street
Ashland, Oregon 97520
Attn.: Water Advisory Group
Subject: Medford Water Intertie
Please accept this letter as a formal plea to your committee to recommend to the City of
Ashland, City Council that they grant approval to engineer and construct a water
intertie system between Medford and Talent of such size (24" or larger) so as to meet
the needs of the City of Ashland through the year 2050.
Capital Property Management represents the interests of 386 property owners within
the City of Ashland and the rental occupants of 1150 bedrooms at the locations owned
by these property owners. This rental population represents over 7% of the population
of the City. Our property management company is responsible for the well being of this
population including the provision of water and other utilities to their living units. A
major catastrophe that resulted in the destruction of the water supply would leave our
clients virtually homeless. Our vision of a major catastrophe includes the destruction of
our watershed by a major fire, a major flood that destroys our dam and reservoir and the
very real possibility of a major earthquake that could also destroy our dam and
reservoir. The dam at Reeder reservoir is over 70 years old and it wouldn't take much to
render it useless.
We are certainly sensitive to and concerned about the issues involved in your decision
making process which include limiting or controlling growth within the City,
conserving city capital, the environmental impact of a larger population and limiting the
construction of new structures within the city limits. We are also, however, concerned
9 about the impact of a major disaster on the residents of our dwellings. If a disaster
occurs, the city could be without water for months or even years. The economic and
social impact would be devastating. Certainly tho-majority of the population would be
forced to move out of Ashland and occupy dwellings in the Talent, Phoenix or Medford
areas. Property owners could be forced to default on their mortgages and lose their
homes. The Oregon Shakespeare Festival would be forced to close down as would
Southern Oregon University. Ashland would be a "ghost town".
Please take the responsible path and recommend the installation of the Water Intertie to
the Talent area. In the event of a catastrophe, water could be delivered to Ashland via a
temporary water lines in a matter of days and the disruption to the residents of Ashland
would be minimal.
Thank you for your consideration of the request.
Sincerely,
I
Capital Property M agement
Charles L. Butler
Partner
cc: Paula Brown, Director of Public Works, City of Ashland
Council Communication
Public Works Department
October 6, 1998
Submitted by: Paula Brown
Reviewed by: Paul Nolte
Approved by: Mike Freeman M,
Title:
An Ordinance Vacating a Portion 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 partial
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 the partial vacation.
Recommendation:
It is recommended that the Council adopt the attached ordinance to vacate a portion 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. As required by ORS Section.
271.110, all of the abutting owners and 2/3 of the owners of the surrounding area have signed the
petition,. The $500 ftling.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 is recommended that Council approve the partial vacation and authorize the signing
of the deed however, recording of the document shall be contingent upon approval of the land
partition.
G:\PAULA\Clover Lane PH Council Communication.wpd
ORDINANCE NO.
AN ORDINANCE VACATING A PORTION OF CLOVER
LANE ON PROPERTY OWNED BY VERNON LUDWIG
NEAR INTERSTATE 5 AND HIGHWAY 66
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. On the date specified in section two of this ordinance, the public right of
way described on the attached Exhibit A is vacated.
SECTION 2. The attached described right of way shall be deemed vacated upon the
date a partition map is recorded dedicating a new right of way for Clover Lane on
property where the vacated Clover Lane is located.
The foregoing ordinance was first READ on the day of 11998,
and duly PASSED and ADOPTED this day of , 1998.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of 11998.
I
Catherine M. Shaw, Mayor
Reviewed as to form:
Paul Nolte, City Attorney
i
PAGE 1 - ORDINANCE CA WINDOWMTEMM"cafion ordinance eclover laae.wpd
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 Southerly portion of that
street known as Clover Lane granted to the City of Ashland.
Jackson County Oregon in Volume 271 Paee 548 , Deed Records
said County and State and in Volume 582 Paee 417 , said Deed
Records and in Document Number 88-28029 , Official Records ,
said County and State being. more particularly 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
Willamette Meridian, Jackson County , Oregon, which is South
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 of 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.
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Council Communication
Administration
October 6, 1998
Submitted by: Greg g coles
Approved by: Mike Freeman �n
Title:
Authorization of City Administrator to sign contract for architectural services for the Civic
Center and Office Space Remodel Project.
Motion:
Authorizing the City Administrator to sign contract for architectural services for the Civic Center
and Office Space Remodel Project.
Synopsis:
On August 12, 1998, the City issued a Request for Qualifications (RFQ) for the Civic Center and
Office Space Remodel Project. The RFQ was a solicitation for Statements of Qualifications
from qualified architectural firms. The required services were listed as follows: Programming,
Conceptual Design, Design Development, production of Construction Documents and
Specifications, preparation of Statements of Probable Construction Cost and Cost Estimates for
new city office space (either new construction or remodel).
Recommendation:
It is recommended that the Council authorize the City Administrator to negotiate and execute a
contract with the most qualified consultant, as was recommended by the evaluation committee.
Should the negotiations be unsuccessful then the City Administrator should proceed to negotiate
with the next most qualified consultant.
Background Information:
The City mailed out nearly 50 RFQs for the project (15 in Jackson County). On August 24,
1998, there was a mandatory pre-submittal meeting, which was attended by representative of nine
architectural firms. On September 14, 1998, six firms submitted Statements of Qualifications for
the project. Four of these firms submitted outstanding statements and were invited to an
interview which was held on September 29, 1998. The interviewed firms were, Berry Architects
(Eugene), Ogden/Schmitz & Assoc. (Medford), Skelton, Straus & Siebert Architects (Medford)
and Lombard Conrad Architects (Bend).
An evaluation committee was established to review the Statement of Qualifications, interview
the architectural firms and make a recommendation to the City Administrator. The evaluation
committee had the following members: John Fields, Planning Commission; Rick Vezie, Our
Town Committee; Jim Lewis, Historic Commission; Ted Mularz, Architect; Mike Freeman, City
Admin.; and John McLaughlin, Com. Dev. Dir. The committee interviewed the consultants and
developed a recommendation for the City Administrator. They ranked the various consultants
based on their response to the RFQ and the presentation made at the interview, but this ranking is
subject to subsequent reference checks with other municipalities/clients which the consultants
have worked for. The committee recommended the City Administrator negotiate with the most
qualified consultant and initially enter into a contract for the programming phase of the project as
was outlined in the RFQ. Other phases of the project will follow, based on the success of the
programming phase. It is anticipated the contract will be executed by October 13, 1998, and the
first project meeting to be held in late October.
A copy of the RFQ is attached for reference.
I
�I
I
CITY OF ASHLAND
CIVIC CENTER OFFICE BUILDING
and
PARTIAL REMODELING OF CERTAIN EXISITNG SPACES
IN THE CIVIC CENTER AND CITY HALL
REQUEST FOR QUALIFICATIONS
for
ARCHITECTURAL SERVICES
PROPOSAL TITLE: City of Ashland Architectural Services
DUE DATE AND TIME: Monday, September 14, 1998, 2:00 PM
INTRODUCTION
The City of Ashland is soliciting submittals of Statements of Qualifications for Architectural
Services. Services will consist of: Programming, Conceptual Design, Design Development,
production of Construction Documents and Specifications, preparation of Statements of
Probable Construction Cost and Cost Estimates for a new city office building and the re-
configuration of spaces within two existing City buildings as may be required to fulfill Pro-
gram Requirements.
PROJECT STATEMENT
For more than five years the City of Ashland has had a need for additional office space as
well as the need to upgrade deficient spaces in the existing City Hall located on the Plaza.
The Engineering Department, also located on the Plaza, occupies space as a tenant on the
second floor of a-historic building across the street from the City Hall. Access to the Engi-
neering offices.is awkward and the space is inefficient. Additionally, a Civic Center building
on East Main Street currently houses the Council Chambers and City Court facilities. If de-
sirable and practical, some of these facilities may be relocated to a new building utilizing
the vacated space for better use.
To the north of the Main Street Civic Center is a site available for office expansion. AI-
though a building was designed for this site once before, program requirements and condi-
tions have changed necessitating a reconsideration of City office facilities requirements.
RFQ 8/98 Page 1. City of Ashland
Ashland citizens have strongly voiced their opinion that the City maintain its presence and
image, as a vital part of the community, by continuing to maintain offices in the existing City
Hall building on the Plaza. Consequently, many of the City services and offices, which are
now in the City Hall, will remain there. These are noted later in this RFQ package.
Funding for the project and professional fees will come from available City funds. A provi-
sion has been made in the current budget for architectural services.
MANDATORY PRE-PROPOSAL MEETING AND TOUR
A Pre-Submittal meeting and tour will be held at 9:30 AM on Monday, August 24, 1998.
Representatives of interested architectural firms will meet at the City of Ashland Civic Cen-
ter Council Chambers, 1155 East Main Street, Ashland, Oregon 97520. The purpose of
this meeting will be to define the project scope�in greater detail, outline specific require-
ments of architectural services, discuss proposal requirements, answer questions, and view
the building site. Because of the nature of this project, attendance by interested firms is
mandatory. Submittals will not be accepted from firms who do not attend.
PROJECT SCHEDULE
It is anticipated that an architectural firm.will be selected on Tuesday, October 6; 1998
based on submittals due on Monday, September 14, 1.998 and interviews conducted on
r Tuesday, September 29, 1998.
I
The duration of this project, including the initial phase of programming project require-
ments, will be approximately sixteen months, from October 1998 to February 2000.
PROJECT DESCRIPTION
It is anticipated that a structure of 7,500 — 10,000 sq.ft. in size will provide the space needed
for additional and/or relocated offices. .
Apreliminary task in the planning process will be to analyze certain spaces and operations
in existing buildings to determine where they will function best. However, because it is im-
portant that the City maintain its presence and image on the Plaza, offices for the following
will remain in the existing City Hall building: . Mayor, Administrator, City Attorney, Adminis-
trative Personnel, Community Development, City Reorder,. and Utility Billing and Admini-
stration:. Consideration may be given to the relocation of the Engineering Offices to the City
Hall building so they can be in closer proximity to the Community Development offices
(Planning offices, Building Department, etc.).
Offices which will be considered for relocation from the existing City Hall building are the
City Finance offices which include: Payroll, Finance and Budget, Accounting, and Conser-
I;
RFQ 8/98 Page 2. City of Ashland
vation. Since none of these functions have a direct walk-in relationship with the public, they
can easily be relocated without an affect on City presence in the core of the City.
It will also be necessary to upgrade toilet rooms, enlarge offices which are sub-par, add
meeting rooms, and generally upgrade the spaces within the building so ADA requirements
are satisfied. However, it will not be a total remodeling of the interior and some spaces may
stay untouched but take on a different use.
For planning purposes, and allocation of spaces, the existing Civic Center and proposed
new building can be considered as a unit. To be explored will be a connection between
the two in order to facilitate a single reception area for both. If practical and desirable,
some of the functions currently housed in the existing Civic Center may be relocated to the
new building, if the space in the existing building can be better utilized for other occupants.
An inventory of City spaces and requirements will be necessary, as part of the program-
ming process, to determine which of he three buildings under consideration will be best for
which space of function.
Programmed spaces for the two buildings on East Main Street might include: Council
Chambers w/ Ancillary Meeting Room, Computer Services, Court and Court Clerks, City
Finance Offices, Engineering (unless it is determined that it would be best to locate them to
City Hall) and, Fire Department Administrative Offices. Some of these uses such as the
Council Chambers and Court Clerks are already housed in the existing Civic Center but
may be relocated to the new building if it is found to be more efficient, practical, and desir-
able.
It is also important that the exterior design of the new structure be harmonious with the ex-
isting Civic Center.
Reference to the above allocation of spaces is at this time only a consideration and not a
firm commitment. The development of a Program of Space Needs and Requirements will
be necessary to accurately determine where City offices will be best located or relocated —
other than those mandated to remain in the existing City Hall building on the Plaza.
SCOPE OF ARCHITECTURAL SERVICES
Architectural services will include:
• To work directly with the Assistant City Administrator, various City. Department staff,
and.a Citizen's Committee as may be necessary to coordinate a complete Program of
space and structural-requirements fora new Civic Center building. Such now building
will be'built on the same site.as, and adjacent to, the existing Civic Center Building on
East Main Street. See: "Exhibit A- Site Plan"
Sub-Programs will be developed for spaces to be reorganized, reallocated, and/or
expanded in the existing City Hall building on East Main Street as described in the
RFD 8/98 Page 3. City of Ashland
Project Statement. From this information, the size and scope of the new Civic Center
building will be determined and a square foot summary prepared.
Pursuant to the square foot summary for the new building and the remodeling work to
be done in the existing buildings, the architect will prepare and submit a Statement of
Budget Requirement (Probable Construction Cost) for each of the three project sites.
NOTE: The Programming Phase will serve to clearly identify the Project Scope as
related to buildings, structures, and/or spaces involved. It is possible that the Program
of Space Requirements may include or substitute structures other than those men-
tioned in this Request for Qualifications.
• Preparation of conceptual design plans for all three project, sites, plus elevations of
the new Civic Center building, for approval by the City of Ashland staff, Council, and
Citizen's Committee. One color rendering of the approved conceptual design will be
prepared by the architect to be used for public display.
• From the approved conceptual plans, prepare Design Development documents, and
Construction Drawings and Specifications. An updated Statement of Probable Con-
struction Cost will be provided at the conclusion of:each architectural phase, for ap-
proval by the City.
Prepare and issue the bid packages, defining the scope of each bid or bids as,re-
quired, and assist the City in obtaining competitive bids from qualified general con-
tractors.
• Provide construction administration services during construction (weekly site meet-
ings and periodic site visits as required, processing of Change Orders, processing of
Applications for Payment from the general contractor, coordination of site visits by
consultants, etc.) and working closely with the owner's representative as appointed by
the City Administrator.
p GENERAL COMMENTS RELATED TO SCOPE OF ARCHITECTURAL SERVICES
• If Addenda are required for clarification in response to questions, they will be issued
as needed up until 5`.00 PM, Thursday, September 10, 1998. 'Questions remaining
unanswered at the Pre-Proposal meeting may be addressed through the issuance of
an Addendum. Each firm should register name, voice and FAX telephone numbers,
and the name of the contact person, with the City in order to receive Addenda if any.
A sign-up sheet will be available for this purpose at the Pre-Proposal meeting.
• Submittals will be accepted only from single prime consultants (as opposed to joint
ventures). Arrangements between firms to form a team may occur on a prime consult-
ant - subcontractor basis.
RFQ 8/98. - Page 4. - .City of Ashland
• The Owner and Architect shall enter into an agreement to include only those profes-
sional services required for Programming Project Space Requirements and Needs.
• For subsequent phases of the work, including services from Schematic Design
through Construction, the Owner and Architect shall enter into a second agreement
separate from the Programming Phase.
• Upon completion of the Programming Phase, the City of Ashland reserves the right to
select alternate architectural firms for any of the project sites based on a reissuance of
Requests for Proposals.
INSURANCE
The selected architectural firm is required to carry professional liability insurance of no less
than $500,000 with a maximum deductible of $5,000.00
FEE
Architect's compensation for the Programming Phase, as outlined, shall be as negotiated
on an hourly basis with a guaranteed maximum.
Architect's compensation for all other phases for each of the three project sites, as outlined,
shall be a stipulated sum (fixed fee) to be negotiated on the basis of a percentage of actual
construction cost. This fee will be based on the building construction budget determined at
the conclusion of the Programming Phase and will include fees for structural, mechanical,
electrical, or any other design team consultants deemed necessary for the project by the
architect. The selected firm will be expected to design within the City of Ashland building
budget as determined, and to meet all applicable codes, ADA requirements, and any other
related regulations for the negotiated fee. The fee should cover a reasonable number of
owner requested design changes plus selected alternates which will not affect the base bid
by more than five percent (5%). All design changes due to codes, structural, mechanical,
and related requirements will be included in the fixed fee.
Depending on the complexity.of the Program Requirements and work to be performed, fee
structures other than the above may be considered upon completion of Program Require-
ments.
SUBMITTAL REQUIREMENTS
Submittals must be received by The City of Ashland no later than 2:00 PM, Monday, Sep
tember 14, 1998 at the Office of the Administrator, 20 East Main Street, Ashland, Oregon
97520. For assistance or questions related to contractual or financial matters contact Greg
Scoles, Assistant City Administrator, by FAX at 541 488-5311.
RFQ 8/98 Page 5. C ty of Ashland
Late and incomplete submittals will not be considered.
i
i; Submit proposals in a sealed envelope marked: City of Ashland Architectural
j; Services
Submittals, as presented, must be in 8-1/2"x11" portrait format.
• Submit five bound copies and one unbound original of the proposal.
• Other material such as the firms brochure may be submitted but must be in a separate
binding.
Proposal submittals are to be informative and contain required information to be consid-
ered by the City, however, they should be as concise as possible. Proposals must include:
I
• Name, address, and telephone numbers of the firm with the name of the contact per-
son.
• Type of organization: . Individual or sole ':proprietorship professional Corpora-
tion/Association - Corporation -Partnership -etc.
• General Information related to the Firm:
Names of Principals
Age of Firm and Professional History
Registration Status
Professional Affiliations
Key Personnel
Total Number of Staff and Related Disciplines
Number of Registered Architects.
Honors and Awards
Professional and Civic Involvement
• A List of consultants who will be a part of your design team and their qualifications:
Structural
Mechanical
Electrical
Others you feel necessary
A' list of similar significant projects in excess of 5,000 sq.ft. the firm has designed
and/or been involved with in the last three years. Include:
A brief description of the project
Size (square feet)
Total Cost and Cost per sq.ft.
I
RFQ 8/98 Page 6. City of Ashland ..
Owner and Owner Contact
Completion Date
Contractor/Construction Manager
• A description of the firms experience with cost control and administration of the con-
struction contract.
• Discuss your firms approach to the specific project for which a proposal is being sub-
mitted. Address specifically your leadership and organizational approach to program
development, planning, and design and construction processes.
• Present an anticipated project schedule addressing specifically proposed time peri-
ods for the following phases: (Each of the three sites may be considered separately.)
Programming Project Requirements
Schematic Design
Design Development
Construction Documents
Bidding
Construction
Final Punch List and Completion of Construction
• State the firms hourly rates which will apply to the Programming Phase. Outline an-
ticipated reimbursable expense costs which will be incurred during this phase.
State a percentage cost fee 'range" for each of the three project sites which will be
used as reference in determining a fixed fee, including all consultant costs antici-
pated.
SELECTION PROCESS
• Written submittals will be reviewed and ranked by a Committee as appointed by the
City.of Ashland. Pursuant to this review, at least four firms (if four qualified firms are
available) will be selected for a personal interview with the Committee. Finns will be
notified of interview on or before Thursday, September 17, 1998.
• Interviews will be held on September 29, 1998 at a time and place to be designated.
The proposed Principal in Charge and Project Architect of each firm must attend.
Consultants to be used in the project are encouraged to attend.
• After the review of submittals and subsequent interviews, short-listed firms will be
evaluated and ranked by the Interviewing Committee. All firms who have submitted
proposals will be notified by FAX of the rankings. Negotiations related to the Owner-
Architect Agreement will be scheduled with the top ranked firm. Following this meet-
RFQ 8/98 Page 7.' City of Ashland
ing, and approval by the Ashland City Council, the Owner-Architect Agreement for the
Programming Phase will be executed with the successful firm.
• If the Committee and top rated firm are unable to reach an acceptable agreement
within a week of notification, then negotiations with that firm will be canceled and ne-
gotiations initiated with the second ranked firm, etc.
SELECTION CRITERIA
The following criteria and points will be used to evaluate each proposal:
CRITERIA POINTS
1. Firms educational experience 5
2. Firms municipal/office facility experience 10
3. Firms programming experience 15
4. Design team experience 10
5. Consultants 10
6. Firms approach to schedule 10
7. References 10
8. Jackson County Office 5
9. Firm.approach to this project 20
10. Hourly and/or Percentage Fee Range 5
SUBTOTAL 100
11. Interview
Presentation 25
Response to questions 25
I
TOTAL 150
"SAMPLE".OWN ER-ARCHITECT AGREEMENTS
AIA Document B-727, "Standard Form of Agreement Between Owner and Architect for Spe-
cial Services - 1988 Edition."
AIA B-.141 "Standard Form of Agreement Between Owner and Architect - 1997 edition."
Both Agreements as listed above will be subject to adjustment and/or modification as per-
tains to this specific project and in keeping with City of Ashland contractual policies.
li
RFQ 8/98 Page 8. City of Ashland
RESERVATIONS
• All costs related to the submittal, interview, and negotiation of the Owner-Architect
Agreement are the responsibility of the proposer.
• The City of Ashland has the right to reject any and all proposals.
NEWS RELEASES
No news release related to this RFQ process or architect selection are to be made without
prior of approval of The City of Ashland.
DISCLOSURE
After contract award a summary of price information will be available to all firms participat-
ing in the RFQ upon their request. Proprietary information contained in the proposal will be
held in confidence and not disclosed or discussed with other firms.
NON-DISCRIMINATION
The submitting firm agrees not to discriminate against any client, employee or applicant for
employment or services because of race, color, religion, sex, national origin, handicap, or
age.
RFQ 8/98 Page 9. City of Ashland
Council Communication
Legal Department
October 6, 1998
Submitted by: Paul Nolte 6—'
Approved by: Mike Freeman �^�^
Title:
An Ordinance Amending the Ashland City Band Chapter of the Ashland Municipal Code to
Redefine the Band Board and Its Duties Including Duties of the Band Director.
Synopsis:
The proposed changes in this ordinance were initiated at the request of the city band and more
accurately reflect how the band now operates. An annotated copy as well as a copy of how the
ordinance will read if approved is attached.
Recommendation:
As this ordinance was published pursuant to Article X, Section 2(c) of the Ashland Municipal
Code, this ordinance can be read by title only and approved for first reading at the Council's
October 6, 1998, meeting.
Background Information:
For years the city band has been operating under a system which does not conform to the city
ordinances. The system works so well, however,that when Raoul Maddox resigned as band
chair, he suggested the ordinance be changed to reflect the actual operation of the band. Raoul's
suggestions also created an opportunity to change the code provisions to make them more .
uniform with other commissions and committees. These changes resulted in the mayor making
the appointments to the band board, which is recognized in the ordinance as being the official
body overseeing the band. Additionally, the terms and expiration dates have been brought into
conformity with other commissions. Also, the appointment of.the band director has been
streamlined and the process made more uniform with other mayoral appointments. And the band
committee, consisting of three council members, has been eliminated since this aspect of the
existing ordinance has not been followed for several years.
G:�sharlene\COUNCIL\Communications\city pand ord.098.wpd -
ORDINANCE NO.
AN ORDINANCE AMENDING THE ASHLAND CITY BAND
CHAPTER OF THE ASHLAND MUNICIPAL CODE TO
REDEFINE THE BAND BOARD AND ITS DUTIES INCLUDING
1 DUTIES OF THE BAND DIRECTOR
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
Annotated to show deletions and additions to the code sections being modified.
d-throa
Deletions are fine and additions are 'shaded.
SECTION 1. Chapter 2.56 of the Ashland Municipal Code is amended to read:
Chapter 2.56
CITY BAND'
Sections:
2 56.010 abllshed=Membership.
2 56y015 Banc) Board Term�sacancies
2 56 020 Quorum Rules amend Meetings
— -
2
®uties 56{0251 Powersmandk Generally
w� -
2 56.030 f3rceetierrDirector--Appointment--Duties -Compensation.
2.56.040 Budget.
2.56.05E) Gemirmattee.
2.56.060 Performances.
2 56 010
be held in the menth of dune eaeh Band Board'Established-'Membership%The
�T�cA're Is
Ashland BanBoard establlshetl antlshall conslstof six voting members appointed
byahe mayor uvith.confirmation by�thes`council The�board shall also consist of one�non`=
votingezoffao member,who shall be the dirgctor ofthe band.
1-56.0,15 BandeBoard Terms-Vacancies The term of voting members,shall be for
th eeyears; expinp on Apnl 30 of each year. TLfie mein,bers serving on the band
board as of„Septeml er 19'98 hall°serve untihA°prif 30,1999 A," vacancy shall be
filled by appointment by the mayor with confirmation by the city council for the
unexpired porton of then termioTo helterfns�ofthefsix members appointedito succeed
tfioseFmembers,whosetermsyexpiremApril�199n9+shall best ggeredatn-,the4following
manner: Two members shall appointed for one year, two members for two
' For provisions regarding the city band, see City Charter, Art. XXI.
Page 1 -ORDINANCE c:wnuuORMbaad om annompd
years, and two members for three years. The length of the initial terms for these six
members shall be determined by the mayor at the time of appointment. Their
successors shall-be appointed for three-year terms. Any board member who is
absent from four or more meetings in a one-year period shall be considered no
longer active and the position vacant, and a'new,person shall be appointed to fill the
Vacancy.',
2.56.020 Officers D ted. The officers of the Band sha" consist of a President, a
Vice President, a Business Manager, and a Secretary. These officers shall eonstiti
the Executive Ganirnittee.
The Presodent of the Band shall preside at all meetings and shall perform the usual
functions of a President. Subject to the approve' of a majority of the Band rnernbefs
present at any regular meeting, the President shall appoint a librariam and a
quartermaster.
The Vice Presedemt shall preside at meetings and perforrm the other functions of the
President um the absence of that officer. The Btisiness Manager shall set as the
busimess representative of the Band in a" business relationships an which the Band-tis
directly or The Secretary shall keep 9" records of the
organizations and shall particularly keep a careful and accurate record of attendance-by
a" members. The Secretary's records, signed by the Secretary and certified to by the
Band Bereetor, shall serve as the bas's for compensation to be paid to miembers of
Gity Band. No person may serve as Secretary of the Band who has not been appr
by the Gity GotineiF
The "brarean shall have charge of and she" carefully keep all the sheet music now
owned or hereafter acquired by the Ashland Gity Bamd. The quartermaster shall have
charge of and shall carefully keep a" band uniforms and other property which *9 now
owned or may hereafter be acquired by the Band. The librarian shall keep proper and
complete records of a" property placed in his/her etistnell- slnH 4th.nl! M...O%-,�proper
Quorum- Rules:and;Meetincps..f
Four voting members of'the board shall constitute a quorum. lf'a°quorum is present;
the affirmative vote of a majonty of,members present at the meeting and=entitled to .
vote shall be sufficient to conduct business. 'The board may make rules-and
regulations for its meetings and proceduresconsistent with city ordinances, and
shall,meet`as"hecessaryaiuf not less than once"per-year. Atits first meeting,'the_
board shall elect a chair,.who shall preside over all meetings and perform such other
duties as may be necessary for the administration of the band, band board and this
chapter. A vice chair shall also be elected who_shall serve in th`e'_absence:of the
chair:
2.56.025 Powers and Duties--Generally. The powers, duties and responsibilities of the
Ashland Band Board shall be as follows:-
Page 2-ORDINANCE c:wnuuORMband ord annompd
A. General supervision and control over the.Ashland City Band.
B. Report at;least annually-to the mayor and city-council of the activities of the
band.
C. On or prior to,December 15 of each year, report to the mayor asto the
activities and welfare of the band.-
D. Determine;compensation_for the band director,and members in accordance
with:the band's approved budget.:
2 56 030 Director--Appointment--Duties--Compensation. On or prior to Becember 15
of each year hereafter, the Exeeutive Gommittee of the Band shall recornmiend to the
Mayor the person who they wish to have serve as Bireeter of the Band for the enstling
year. If acceptable, the Mayor, wILLI-I the approval and eonsent of he Gity Gotineil, shaff
appoint the persun so recommended as Direeter of the City Band. if not aeeeptable7
the Mayor, not less than five (5) days before the first ectineil rneetimg of the year, s
netffify the Exeetitive 6ornmittee of the Band of this deeision with or without reasons
therefor. Thereupon the Mayor may present a reeornmendation for Band Direetor, a,id
make the se'ectmon. In case of a tme vote in the 6otlneil, the Mayor may vote to break
the tie as is now provided by the ordinanees of the-W.
It shall be the duty of the Band Bireetor to prornote, organize, and direct the Ash'
Gity Band and to perform sueh oth ky be reasonably requested by th-e
earnpensation as shall be fixed and determined by the Oity Gotineil�--
-
r _ ,JA Prior, 6,, anuary ofaeachsyear aft erjreceeivmgtheareport of-tFie band board
untler section 2 5 0 5, the mayor, with confifirmatidrII ,the coon il, shap!appolrit a
an dlrectorwhoshall sery e at the-pleasure of the mayor.,
B.. The director shall;
T prom ote°o[ganrze,,ancJ directrthe A land City Ba
2Selectith`ernuslaans forthe band
3. Appoint a band secretary who shall keep minutes of all band board
meetings;'recordsofwthe orgarozatlonandshallrpartcularlykeep a careful
and accurate=record�olattendanceFbyall:membersThes'ecretary shall-
serve at the lea s r e of the director and perform such other duties'asmay
be.. assigned by the director.
4 Appoint a_band librarian, who shall have charge of and hall carefully
Page 3-ORDINANCE GAPAWUORD\bana om snnompd
keep all the sheet music,now owned or hereafter acquired by band. The
librarian shall keep proper and complete records of all property placed in
the.librarian's;custody,and shall,make,a proper inventory andrtaecountinq
thereof at'the end`ofthe yeaK The librarian shall serve at the pleasure of
the director and such other duties as _may be.assignedrby the
director
5. Appoint a quartermaster who�shall have charge of and shall carefully
keep all;;band-uniformms.and otherproperty:which is now owned or may
hereafter'be acqu�e theliand The"rquartermaster shall serve at the
pleasu�etof the'director$and5perform such other duties as may be
assigned by the dgector_!
6 Perform such;;other services=as,may be;reasona,bly_requested-by the
bantllioa_rd.
2.56.040 Budget. Prior to the preparation of the City budget each year, the Exeecxtive
@ernmittee bandwboard shall cause a careful estimate to be made of the band's needs
for the ensuing year in view of the funds to be available and shall submit same to the
Eity EeaneifA rector of„finence'ffor consideration with the other budgetary matters.
Thereapan.rough ctysi;budgetiprocessthe City Council shall fix and determine
the Band's budget for the ensuing year.
2.56.050 Gornniftt,-.- The Mayor shall annually appoint a Band Committee eornp
of three (3) members of the Gity Getineil and this eemirmittee shall have genera'
supery s on and camtrel over the Gity Band, and shall report to the P qayer amd 0 LY
Gotineil relating to the setivities and welfare of the Band frern tinl--
2.56.060 Performances The City Band shall present not less than ten ooyconcertsy
cludingtheFourthofJuly<parade, during eachasummersea one
speeial eivie ceeasions as may be requested by the Band Oornrni
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of 1998,
and duly PASSED and ADOPTED this day of 1998.
Barbara Christensen, City Recorder
Page 4-ORDINANCE c:PA000RMbana ord anno wpo
SIGNED and APPROVED this day of 11998.
Catherine M. Shaw, Mayor
Reviewed as to form:
Paul Nolte, City Attorney
I
I
I
Page 5-ORDINANCE c:TAUL\owu and om anno.wpd
ORDINANCE NO.
AN ORDINANCE AMENDING THE ASHLAND CITY BAND
CHAPTER OF THE ASHLAND MUNICIPAL CODE TO
REDEFINE THE BAND BOARD AND ITS DUTIES INCLUDING
DUTIES OF THE BAND DIRECTOR
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2.56 of the Ashland Municipal Code is amended to read:
Chapter 2.56
CITY BAND'
Sections:
2.56.010 Band Board Established—Membership.
2.56.015 Band Board Terms--Vacancies.
2.56.020 Quorum--Rules and Meetings.
2.56.025 Powers and Duties--Generally.
2.56.030 Director--Appointment--Duties--Compensation.
2.56.040 Budget.
2.56.060 Performances.
2.56.010 Band Board Established—Membership. The Ashland Band Board is
established and shall consist of six voting members appointed by the mayor with
confirmation by the council. The board shall also consist of one non-voting ex officio
member, who shall be the director of the band.
2.56.015 Band Board Terms--Vacancies. The term of voting members shall be for
three years, expiring on April 30 of each year. The members serving on the band
board as of September 1998 shall serve until April 30, 1999. Any vacancy shall be
filled by appointment by the mayor with confirmation by the city council for the
unexpired portion of the term. The terms of the six members appointed to succeed
those members whose terms expire in April 1999 shall be staggered in the following
manner: Two members shall be appointed for one year, two members for two
years, and two members for three years. The length of the initial terms for these six
members shall be determined by the mayor at the time of appointment. Their
successors.shall be appointed for three-year terms. Any board member who is
absent from four or more meetings in a one-year period shall be considered no
' For provisions regarding the city band,.see City Charter, Art. XXI.
Page 1 -ORDINANCE c:wAUBOROmad ord.wpd
longer active and the position vacant, and a new person shall be appointed to fill the
vacancy.
2.56.020 Quorum--Rules and Meetings. Four voting members of the board shall
constitute a quorum. If a quorum is present, the affirmative vote of a majority of
members present at the meeting and entitled to vote shall be sufficient to conduct
business. The board may make rules and regulations for its meetings and
procedures consistent with city ordinances, and shall meet as necessary but not less
than once per year. At its first meeting, the board shall elect a chair, who shall
preside over all meetings and perform such other duties as may be necessary for
the administration of the band, band board and this chapter. A vice-chair shall also
be elected who shall serve in the absence of the chair.
2.56.025 Powers and Duties--Generally. The powers, duties and responsibilities of the
Ashland Band Board shall be as follows:
A. General supervision and control over the Ashland City Band.
B. Report at least annually to the mayor and city council of the activities of the
band.
C. On or prior to December 15 of each year, report to the mayor as to the
activities and welfare of the band.
D. Determine compensation for the band director and members in accordance
with the band's approved budget.
V 2 56 030 Director--Appointment--Duties--Compensation.
A. Prior to January of each year, after receiving the report of the band board
under section 2.56.025, the mayor, with confirmation by the council, shall appoint a
r band director who shall serve at the pleasure of the mayor.
I'
B. The director shall:
1. Promote, organize and direct the Ashland City Band,
2. Select the musicians for the band,
3. Appoint a band secretary who shall keep minutes of all band board
meetings, records of the organization and shall particularly keep a careful
and accurate record of attendance by all members. The secretary shall
serve at the pleasure of the director and perform such other duties as may
be assigned by the director.
Page 2- ORDINANCE c:wnuuoaD\band ord.wpd
4. Appoint a band librarian, who shall have charge of and shall carefully
keep all the sheet music now owned or hereafter acquired by band. The
librarian shall keep proper and complete records of all property placed in
the librarian's custody and shall make a proper inventory and accounting
thereof at the end of the year. The librarian shall serve at the pleasure of
the director and perform such other duties as may be assigned by the
director.
5. Appoint a quartermaster who shall have charge of and shall carefully
keep all band uniforms and other property which is now owned or may
hereafter be acquired by the band. The quartermaster shall serve at the
pleasure of the director and perform such other duties as may be
assigned by the director.
6. Perform such other services as may be reasonably requested by the
band board.
2.56.040 Budget. Prior to the preparation of the City budget each year, the band board
shall cause a careful estimate to be made of the band's needs for the ensuing year in
view of the funds to be available and shall submit same to the director of finance for
consideration with the other budgetary matters. Through the city's budget process, the
City Council shall fix and determine the Band's budget for the ensuing year..
2.56.060 Performances. The City Band shall present not less than ten concerts,
including the Fourth of July parade, during each summer season.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of 1998,
and duly PASSED and ADOPTED this day of 1998.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of 1998.
Catherine M. Shaw, Mayor
Reviewed as to form:
Paul Nolte, City Attorney
Page 3-ORDINANCE c:wnuuoao band ord.wpd
Council Communication
Finance Department
October 6, 1998
Submitted by: Jill Turner
Approved by: Mike Free an
Title: Historical report on Transportation Utility fee
Recommendation:
None - Information item.
Background Information:
The City of Ashland adopted chapter 4.26 Transportation utility fee in 1986. The first
Transportation Utility Fee was collected in July of 1986. The fees for residential service have
been increased as follows:
Effective Monthly
Date Rate Increase Reason for increase
Aug 1, 97 3.27 .49 Bus Service
April 1, 97 2.78 .37 Arterial Assistance
July 1, 96 2.41 .38 Street Fund
Aug 1, 94 2.03 .43 Street Fund
July 1, 93 1.60 .10 Street Fund
July 1, 92 1.50 .30 Special Trans
Feb 1, 90 1.20 .20 Street Fund
July 1, 86 1.00
The 1998-99 budget estimate for the total Transportation Utility fee is $475,000. Of this amount
$50,000 is dedicated to the Arterial Street Assistance account ( Resolution 97-15), $50,000 is
used for bus service and $54,000 is used for special.transportation. Special Transportation is
defined as pedestrian facilities, facilities including handicap access and bicycle facilities either
within or adjacent to existing public streets or off public streets in AMC Chapter 4.24. Special
Transportation projects included in the 1998-99 budget are TPAC sidewalks of$31,000 and
miscellaneous.concrete projects of$21,000.. The bikepath.project is also carried forward from
last year.
The 1998-99 budget includes $31,000 in TPAC sidewalk
N:\SlreelCrr.ms Utility Pee I lislory