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HomeMy WebLinkAbout1996-1015 Council Mtg PACKET Council Meeting Pkt. BARBARA CHRISTENSEN CITY RECORDER Important: Any citizen attending council meetings may speak on any item on the agenda, unless ft is the subject of a public hearing which has been closed. If you wish to speak, please fill out the Speaker Request form located near the entrance to the Council Chambers. The chair will recognize you and Inform you as to the amount of time allotted to you. The time granted will be dependent to some extent on the nature of the ftem under discussion, the number of people who wish to be heard, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL October 15, 1996 I. PLEDGE OF ALLEGIANCE: 7:00 p.m., Civic Center Council Chambers. II. ROLL CALL III. APPROVAL OF MINUTES: Regular meeting minutes of October 1, 1996. IV. SPECIAL PRESENTATIONS & AWARDS: Proclamation declaring October 21-29th as "1996 National Red Ribbon Celebration Week." Proclamation declaring October 20, 1996 as "Senior Citizen Day." V. CONSENT AGENDA 1. Minutes of boards, commissions, and committees. 2. Monthly Departmental Reports - September, 1996. 3. City Administrator's Monthly Report - September, 1996. 4. Approval of Tree Commission's Request to participate in Green Thumb Project. Vi. PUBLIC FOR Business from the audience not included on the agenda. (Limited to 5 minutes per speaker and 15 minutes total.) VII. UNFINISHED BUSINESS: 1. Memorandum from Director of Parks and Recreation regarding application for a ground water permit which would allow for the installation of a well to maintain the pond in Oak Knoll Meadows subdivision. VIII. NEW & MISCELLANEOUS BUSINESS: 1. Memorandum from Fire Chief regarding opportunity to repurchase Ashland's first motorized fire apparatus (1915 American La France). 2. Designation of Mayor as voting delegate to League of Oregon Cities and Susan Reid as alternative. IX. ORDINANCES. RESOLUTIONS AND CONTRACTS: Second reading, by title only, of °An Ordinance Establishing a Pesticide Policy for Department and Divisions of the City of Ashland." Resolution regarding Financing of Street Assessment Bonds. X. OTHER BUSINESS FROM COUNCIL MEMBERS XI. ADJOURNMENT (Reminder: Study Session tomorrow, October 16 at 4:00 p.m. regarding Bus Transportation and other transit issues. i i I I MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL October 1, 1996 d: PLEDGE OF ALLEGIANCE Mayor Golden called the meeting to order at 7:03 p.m., Civic Center Council Chambers. ROLL CALL Councilors Laws, Reid, Hauck, Hagen, and Wheeldon were present, Councilor Thompson was absent. APPROVAL OF MINUTES The minutes of the Regular meeting of September 17, 1996 were approved as,presented with correction to page 4, under Public Hearing - strike the words "and asked if anyone wished to speak on any item that was not on the agenda." SPECIAL PRESENTATIONS & AWARDS 1. Mayor's Proclamation declaring the week of October 6-12, 1996 as "National Fire Prevention Week." 2. Mayor's Proclamation declaring the week of October 6-12, 1996 as "Mental Illness Awareness Weeks." 1. Mayor Golden read aloud the Proclamation declaring the week of October 6-12, 996 as "National Fire Prevention Week." 2. Mayor Golden read aloud the Proclamation declaring the week of October 6-12, 1996 as "Mental Illness Awareness Week." CONSENT AGENDA 1. Minutes of boards, commissions, and committees. 2. Monthly Departmental Reports - September, 1996. 3. Authorization for the Mayor and City Recorder to sign Quitclaim Deeds terminating or adjusting the boundaries of three easements. Councilors Hauck/Reid m/s to approve consent agenda items #1 and #2. Voice vote: all AYES. Motion p ell. Councilors_IlaaclZ and Reid requested that Item No. 3 be pulled off consent agenda and placed under New and Miscellaneous Business. (Council Meeting 10/01/96) 1 PUBLIC FORUM Chris Skrepitos, 4424 Highway 66/Expressed concern with proposed well considered for Oak Knoll Golf Course. He opined that portion of Ashland has water problems and using groundwater for irrigating a golf course a misuse of resources. Submitted that during periods of low water and drought this will have a negative impact on those without a muni supply. Questioned who the applicant is and who is identified as the end user. Asked that it be considered seriously in light of well loss to residents and the city to withdraw application. City Administrator Brian Almquist suggested bringing this back at next council meeting and allow Parks & Recreation Director Ken Mickelsen to address issue. Shurvr Gardner, 615 Faith Avenue/Discussed Bill of Rights and infraction of the constitution of the State of Oregon by council members. Read aloud sections of Oregon Blue Book in particular Bill of Rights. Also questioned legality of electric users' fee as set forth in Chapter 4.28. City Attorney Paul Nolte replied there is no constitutional restriction on the city's ability to adopt a tax. Discussion followed between Councilor Laws and Shurm Gardner as to validity of tax. UNFINISHED BUSINESS 1. Decision on provision of additional office space. Mayor Golden discussed various options and the need to make the City Hall building earthquakes safe, fully accessible and the possibility of building an additional site at the City Center. Ron Roth, 6950 Old Highway 99S/Discussed the merits of all departments in one building, liked the option of the Hillah Temple but preferred to add a third story to City Hall and bring building up to current seismic and ADA codes. Rick Vezie, 446 Walker/Feels recommendations of ad hoc committee not honored in an agreement signed three years previously with council members regarding a resolution to accept recommendations of ad hoc committee or put initiative measure on ballot. David Fine, 735 Frances Lane/Feels any one of the options would be valid and realistic. Discussed how the plaza should be viewed, the convenience and efficiency for the community with officials fully accessible to citizens. Cate Hartzell, 881 E. Main/Addressed council by assuming a study has been done and whether it would be feasible to expand the office space elsewhere than City Hall. Councilor Reid feels citizens of Ashland well served with the resolution council adopted and favors bringing the Engineering Dept. and Public Works Department to Civic Center. 2 (Council Meeting 10/01/96) Would like to maintain City Hall on the plaza and honors the decision made in Council Chambers 12 years ago to do that. Continues to want to buy Hillah Temple;.try and improve space available at City Hall and look at the addition of a third floor. Councilor Wheeldon feels it is necessary to provide adequately for employees in City Hall. Felt if an elevator was to be installed it would remove square footage. Opined future needs would lean towards a third story at City Hall and this could be incorporated into the plan currently with an elevator. Thinks it may be necessary to spend more money than in current pot but better to spend and plan now. Councilor Hagen commented on inaccessibility for wheelchairs at Public Works Department and feels frustrated by lack of facilities making it inefficient for himself and staff. Favors keeping all functions downtown but feels may not get space needed anyway with a third floor. Mayor Golden addressed the issue of Public Works and Community Development working closely together. She also feels it benefits the citizens having easy access to City Hall downtown with only one stop necessary to visit all departments. Councilor Laws proposed to follow a four-point plan and adopt appropriate resolutions and take actions. 1. A commitment to preserve and upgrade City Hall and maintain key city functions there (City Administrator and staff, Finance Department, City Recorder, and the planning part of Community Development; 2. Make commitment to pursue putting Hillah Temple under City control; 3. Develop alternative plans for expansion of City Hall and use Hillah Temple site for key downtown functions; 4. Meet present space needs by building a new building at East Main at Civic Center for Public Works, Computer Services and Fire Department Administration. Councilor Laws/Reid m/s to adopt the four-point plan proposed by Councilor Laws. I. A commitment to preserve and upgrade City Hall and maintain key city functions there (City Administrator and staff, Finance Department, City Recorder, and the planning part of Community Development); 2. Make commitment to pursue putting Hillah Temple under City control; 3. Develop alternative plans for expansion of City Hall and use Hillah Temple site for key downtown functions; 4. Meet present space needs by building a new building at East Main at Civic Center for Public Works, Computer Services and Fire Department Administration. DISCUSSION: Councilor Wheeldon feels Councilor Laws' four-point plan is not specific enough, and not enough commitment is given for the need to expand City Hall. She opined Public Works and Engineering could move to Civic Center. At this point she would not want to make plans for Hillah until the building is owned by the city. (Council Meeting 10/01/96) 3 Councilor Hagen addressed the possibility of Shakespeare sharing an elevator as the most extensive component of a new or existing building. Feels a partial third floor at City Hall beneficial in light of the construction on the second floor. Mayor Golden favored Councilor Laws' four-point proposal and to add a third floor, do seismic upgrades and make building accessible. After maximizing space at City Hall to reassess needs for future buildings at Civic Center. Councilor Laws felt immediate plans could be to build a new building at Civic Center, develop plans for expanding City Hall and as an alternative expand Hillah Temple, and to have a specific adoptive plan to upgrading the present City Hall with a modified configuration. Councilor Wheeldon favors adopting a timeline and a funding source. Councilor Laws suggested City Administrator Brian Almquist draw up a plan for a step by step process to build on Fast Main, expand City Hall and see what commitment could be made with respect to future finance. Councilor Reid indicated council should continue with the motion. Mayor Golden felt additional time is needed to discuss issues further. Councilor Laws proposed a motion 1) Council commit itself to preserving and expanding City Hall to maintain existing functions there with a margin of comfort; 2) Council commit to continue pursuing putting Hillah Temple under city control; 3) That we meet our present space needs by building a new building at East Main Civic Center for Public Works, Computer Services and Fire Department Administration; and 4) That staff develop a plan for funding City Hall and East Main office building. He specified we should not move any further until all these measures are adopted and the plan for financing presumably would have some degree of commitment to move ahead with the entire plan. The first motion proposed by Councilor Laws/Reid m/s was hereby withdrawn. Councilors Laws/Reid m/s that: 1) Council commit itself to preserving and expanding City Hall to maintain existing functions there with a margin of comfort; 2) Council commit to continue pursuing putting Hillah Temple under city control;.3) That we meet our present space needs by building a new building at Fast Main Civic Center for Public Works, Computer Services and Fire Department Administration; and 4) That staff develop a plan for funding City Hall and East Main office building. Roll call vote: Laws, Reid, Hauck, Hagen, Wheeldon, YES. Motion passed. 4 (Council Meeting 10/01/96) NEW & MISCELLANEOUS BUSINESS 1. No. 3 from Consent Agenda: Authorization for the Mayor and City Recorder to sign Quitclaim Deeds terminating or adjusting the boundaries of three easements: With regard to the Quitclaim Deed to Henry Kneebone, Councilor Wheeldon indicated this property had been discussed with respect to improvements on Westwood Street and questioned whether this would be a part of the development. Her understanding is that that property was.exempt from any commitment to an LID on Westwood. Director of Planning John McLaughlin indicated this did not related to the easement presented by Councilor Wheeldon. He said that Mr. Kneebone had intentions to develop the property, and has partitioned off a couple of small lots above Sunnyview. As a part of that survey the easement showed a division of the property. Councilor Wheeldon,questioned whether the easement was a means of protection against the LID and wanted to know if the situation is now different. McLaughlin indicated this is a water line and the right of way is owned by the City. With regard to the Quitclaim Deed to Lloyd Haines, discussion followed among council members and Director of Planning John McLaughlin indicated that Central Street is linked to the phasing of the Haines project. It was agreed among council members that City Attorney Paul Nolte had reviewed the project and everything was in order. Councilors Hauck/Wheeldon m/s to approve Mayor and City Recorder to sign Quitclaim Deeds. Voice vote: All AYES. Motion passed. 2. Street cut on Winburn Way. Public Works Director Susan Wilson Broadus discussed the fact that the existing storm drain had holes in it on Winburn Way and asked for authorization to cut Winbum Way to install a new storm drain for the new ice rink. Discussion followed among council members regarding the need to check out situations before paving in future. Council moved to authorize the Public Works Director make the necessary cut for the new storm drain. Councilors Hauck/Reid m/s to approve Public Works Director make necessary cut on Winburn Way to install new storm drain. Voice vote: All AYES. Motion passed. ORDINANCES RESOLUTIONS AND CONTRACTS 1. Second reading of title only of "An Ordinance Amending the Membership, Powers and Duties of the Cable Access Commission." Councilors Reid/Wheeldon m/s to approve Ordinance #2789. Roll call vote: Laws, Reid, Hauck, Wheeldon, YES. Councilor Hagen out of room. Motion passed. (Council Meeting 10/01/96) 5 �I 2. Fwstt reading of "An Ordinance Establishing a Pesticide Policy for Departments and Divisions of the City of Ashland. City Administrator Brian Almquist read aloud in full the second draft of the pesticide policy. Cate Hartzell, 881 E. Main/Would like council to consider items to be addressed further, in particular voiced concerns as to what is "practical" in use of herbicides. Wants council to move in the direction of health incorporating environmental and wildlife habitat issues. Fred Caruso, 102 Garfield 1{14/Feels a major factor regarding pesticide policy should be health, and the need for major guidelines regarding spraying of pesticides and in particular to control use of pesticides on private property. Brooke Buettner, 315A Luna Vista/Concurs more time should be spent on this issue to get the best possible policy written. Recommends to take out language "or exposure to" in 9.28.020, or put "and exposure to" pesticides to clarify the policy. Feels the wording of practical should be further defined. Would like a list of pesticides to be maintained and how much is used per year to work towards goal of elimination or reduction in use. In section 9.28.040 questioned whether Roundup is a pesticide that would require a warning. Feels Public Works Director Susan Wilson Broadus is doing a good job but needs concurrence of other department heads and the public should be more informed. Horticulturist Don Todt of the Parks Department replied to Buettner's concerns and addressed practicality of which pesticides to be used as stated in the policy, and alternative methods of pest control. With regard to approved pesticides he does not feel that everything need necessarily be included in an ordinance. He opined any use of Roundup should be posted. Discussion followed amongst council members as to the toxicity of Roundup in relation to other chemicals. Facilitating a public education course was favored. Public Works Director Susan Wilson Broadus concurs with a public education course and suggested Councilor Don Laws oversee this and also favors getting an integrated pest management program into the program. Suggested under 9.28.040 adding a section F which would read "a written record shall be kept of ALL pesticide applications, such records to include the following information: A. Name of applicator, date and time. B. Substance used and location applied. C. Mixing ratio. D. Total amount used. E. Weather conditions. F. Other pertinent information. Indicated this would be an improvement to the ordinance language and Don recommended and include under the section in training (9.28.050). It was decided to switch or to an and on 9.28.020 in the last sentence. Councilor Laws feels the City Administrator should designate a city employee to oversee all department heads. Councilor Wheeldon felt comfortable with the changes and passing the ordinance with the idea to schedule an education meeting. 6 (Council Meeting 10/01/96) Councilors Wheeldon/Hauck m/s to approve first reading and place on agenda for second reading of pesticide ordinance. Roll call vote: Councilors Laws, Reid, Hauck, Hagen, Wheeldon, YES. Motion passed. 3. Reading of title only of "a Resolution adopting a City of Ashland Telecommunications policy.". Councilors Hauck/Reid m/s to approve Resolution 91. Roll call vote: Laws, Reid, Hauck, Hagen, Wheeldon, YES. Motion passed. 4. Reading of title only of "a Resolution setting a public hearing on the final assessment of the Oak Street Local Improvement District No. 70." Mayor Golden read aloud a memo from Tom Cantwell dated May 2, 1996 regarding LID improvements. In response to the memo City Administrator Brian Almquist indicated the city is participating by contributing all labor and equipment, and the only charges against the district are the actual materials. Councilors Hauck/Laws m/s to approve Resolution #96-41. Roll call vote: Laws, Reid, Hauck, Hagen, Wheeldon, M. Motion passed. 5. Lease of property located on the north side of E. Main Street at Garfield Street to Community Works. City Attorney Paul Nolte maintained negotiations had taken place between the parties for approval and explained the terms of the lease. Indicated he was satisfied the city's interests are protected and the building will be used for a public purpose. Councilors Hagen/Reid m/s to approve signing of lease with Community Works. Roll call vote: Laws, Reid, Hauck, Hagen, Wheeldon, YES. Motion passed. 6. A Resolution Setting a Renewal Resource Purchase Policy for the City of Ashland. Conservation Manager Dick Wanderscheid indicated the policy should be reviewed within one year but was essentially the same as at the study session. Councilors Hauck/Laws m/s to approve Resolution 1196-42. Roll call vote: Laws, Reid, Hauck, Hagen, Wheeldon, YES. Motion passed. (Council Meeting 10/01/96) 7 c OTHER BUSINESS FROM COUNCIL MEMBERS Councilor Hauck announced availability of information on the Internet that the City Recorder now has added Municipal Codes, Charters and Minutes. ADJOURNMENT Meeting was adjourned at 9:42 p.m. Barbara Christensen, City Recorder Catherine M. Golden, Mayor 8 (Council Meeting 10/01/96) i, .��n°i�' 1! 'q•T�/'.F• � i � „x•'S�+ .,�� f. ��. . ���y9��1..ar;J' � m,� s'ti+— ts;'.� '�` .,�I, ,�l F tk �4�� m z•+ .' 1996 WORLD POPULATI6N AWARENESS WEEK PROCLAMATION z . '. WHEREAS, more than half of the world's population will live .. in urban agglomerations by the turn of the ''century; and „I y a , .`Ilij; WHEREAS, within the first quarter of the 21st Centu_ry_ ur_b_an °^,+f({is;>• population alone will grow by 93 million per year, the equivalent of all annual population growth in the world E =1 today; and y = lie. WHEREAS, the unprecedented burgeoning of cities provides. opportunities, but also portends enormous risks that could intensify poverty, pollution, disease, social > disintegration, violence and human misery; ands: • WHEREAS, urban poverty is already as high as 60 percent in �t {! some metropolitan areas; more than one-third of the urban population have substandard housing; 40 percent lack access Es _f to safe drinking water or adequate sanitation; and rs WHEREAS, in all regions of the world -- north and south, rich and }' •.� + �, poor -- rapid urbanization has spawned a number of .->�� I), common problems, including unemployment; a shortage of adequate housing; traffic congestion; declining ,• infrastructure and lack of funds to provide for basic £ _" [ufLC i P services; and s WHEREAS, urban crises stemming from high population density :� . and activity is expected to be among the major challenges of .:: the 21st century; andi1's. 6 ,." NOW THEREFORE I Catherine M. Golden Mayor of Ashland a� ,,spa>• , . . . . Y . Oregon, P roclaim October 27-November 2. 1996 >, WORLD POPULATION AWARENESS WEEK and urge all citizens of this State to reflect on the 1r consequences of rapid population growth and rapid ;; ;," „ urbanization and the vital necessity of balancing human =� numbers environment and resources to improve the quality of =)V'N-=: life for the world and its people. (Y�J Dated this 15 day of October, 1996. Catherine M. Golden, Mayor Y swo>•> Barbara Christensen City Recorder � u,+ " ` � �\\I s dt+S �I� \ ' I{ r:' R t ,`"m 1/ m '.S. -. •\ �\t/ h.. �fa\\ n � \\ / � fl , ) Y -' '/\ < .>�. •. ..s�"....u. G. . . ..:I f.'1..... ` 1... .... �. .. .i`._ .., .c•) ��.�: .. ..:::•�Y::�� 4.:...` .• .r rl.\...;.1 ... 1.10 f ISl/\\nr rii It ,1/, '•a IP�fvi/\\\/ a '�A 2v/ t L nw/ yr t / 1w,.• 7- i rywrntl 'it. �n 1 rl/ m i ryw/ rvj�i •parr E�( l// w; t t "� 4'r C-;'�'J!£'r ,::� 'f � � w r. :•�� 3 y- .G' 4� r a'� -yr / 4`l�`i�", �- --P:1'� , ( c44 ��/� /!�`,•ri/ V� Nsr `� ,V ael� �+'n M'\• /in �..�we`i°�/ F/�a��.Nre � f r � ys w ')�``t+ii ''slilli k= PROCLAMATION l • a.-�y= WHEREAS the 1996 National Red Ribbon Celebration is October 21 'F ?c; through 29; and WHEREAS, . today the Red Ribbon-symbolizes-the-commitment of countless i(Ili 1 citizens across America fighting to eliminate substance abuse inll;yF h their communities and; WHEREAS, this campaign is designed to: -71,41KWO ♦ Create awareness concerning the alcohol and other drug problems facing every community. t��'/' ♦ Build community coalitions to implement !"•: . comprehensive alcohol and other dru g P revention strategies. ,nom ,£ >�:i ♦ Support healthy, drug-free lifestyles. r: THEREFORE, we urge the citizens of Ashland to join your children, friends, :_ , "aeS• _ 1'�i' neighbors and community in this exciting celebration by wearing a red ribbon, listening to a drug awareness presentation, sharing substance abuse information with your children, helping a friend who is abusing drugs or by seeking help for yourself if you have a drug dependency problem during this week to t#Ib ;I demonstrate to others that you are committed to a drug-free, healthy lifestyle; #(7 p and NOW, THEREFORE, the Mayor and City Council of the City of Ashland do =e' ! hereby proclaim October twenty-first through twenty-ninth as I I 1996 National Red Ribbon Celebration Week Dated this 15th day of October, 1996. i.. Barbara Christensen, Recorder I =-i Catherine M. Golden, Mayor j I m � �', �o\../ro'\. ^�--.+ �Nnlrh✓ A + � i L A ,./'m\ r�"\.� A ��i /�� IA \ �1 PJIp" 4'. l7 Sw7'i •/r m� C.. r� Un i� it r 1 716 A fLt!. �.hi.r - ✓�''^c Nit .e. ,�»„�:�. " t r�r tJ � y_w� ._.v-:1s, a � vim, �,� •r i`�� ,l p4!I.c' . / • Y FZ I Fl<`L MAYOR'S PROCLAMATION '•:fdil(:. y WHEREAS: It-is imperative-that we make use of the vital-resources I,JS.... -- iPTo) r our Senior Citizens provide. We recognize the tremendous f. i\•= contribution these Seniors have made to our community. They are `• I, the people that survived the depression, fought the wars, built the K'sr'i businesses, and raised our families. ,,,\. �;�{ •,:, NOW, THEREFORE, I, Catherine Golden, Mayor of the City of Ashland, Oregon, do hereby proclaim Sunday, October 20, 1996 as: SENIOR CITIZEN DAY =ali g ✓: ;� .(i in Ashland and urge all citizens to join in this Observance and 'tai Celebration and continue that support and encouragement all year ' long. F Dated this 15th day of October, 1996. lift , '•alij�. -� y h} Barbara Christensen, City Recorder ird i ./Ili Catherine Golden, Mayor ' it<r 11 ' l . _ \ A c is ::;: :3:;;;::; XXX ASHLAND AIRPORT COMMISSION t �� LT M , lbXii��7:tY1Y.FAiSN Regular Meeting September 4, 1996 Members present: Alan DeBoer; Bill SkiUman; Marty Jacobson; Lillian Insley; and Mayor Catherine Golden. Staff present: Pam Barlow & Caralyn Dusenberry I. CALL TO ORDER: 12:00 Noon, COUNCIL CHAMBERS The meeting was called to order at 12:03 p.m. by Chairman Alan DeBoer. II. APPROVAL OF MINUTES: Wednesday, August 7th, 1996 DeBoer requested a change to the submitted minutes. The section, "Old Business," states DeB6er's business is working on a proposal. This was an incorrect statement, his business is NOT working on a proposal. Skinner stated Section V. should read "260 hours" not 200 6-hour.... DeBoer stated the minutes would be accepted as filed with the corrections noted. III. OLD BUSINESS: A. Flieht Patterns: Follow-up on notifications: Barlow asked Skinner about publications showing the Ashland Airport flight patterns. He stated he would contact OAA and FAA for their approval of proposed change. DeBoer recommended City needs to contact OAA for the procedure required to make the change. An effective date needs to be established. City will look into the process. After proper steps have been taken the City will implement the change. B. OR SB 1113 - Staff: Follow-up Committee: Discussion was held on items 3 and 4. DeBoer stated anyone with comments to contact Barlow. She stated the Port of Portland is looking for leasing in reference to the rules. Discussion was held on the Commission supporting the proposed rules and if a letter of support should be sent. It was the consensus of the Commission that any requested desired changes need to be made on an individual basis. PAGE 1—(c:.ipUmin.0 pt96.14in) .1 C. Maintenance Issues: Staff: Fall Storm Drain Work: Barlow stated the City is looking at doing the storm drain work as soon as the paving season is completed. Discussion was held on a sloped area behind Schaefers hanger to be addressed at the same time storm drain is installed. Steve Geis, Parks Department, has changed timing for irrigating from one large timed daily watering to twice small timed watering. Also, native grass seeds may be planted after the weather has cooled. This may take place during October instead of September because of the Parks Department work load this time of year. The storm drain installation is on the Street Department schedule. Water Line Extension U2date: Mayor Golden stated a clause in the lease hangar lease agreement, waiving the installation of sprinklers, is in direct violation of the State Fire Code. The Administrator, Planning Director, Public Works Director, and Fire Chief held a meeting to discuss this issue. The water flow is extremely low in the Airport area. The Mayor stated we are technically in violation of the Fire Code because of the low flow of water. The installation of the water line extension is on the list of Capital Improvement Projects and will be completed as soon as possible. Also involved in the installation of the water line is the issuance of a permit to the City to cross the creek. The deadline for issuance of this permit is September 15th. The Mayor stated it would be June of next year before the application could be submitted. The requirements for issuing the permit cannot be met before that time. Trenching will be required and can only be done when the soil is dry. The City does not currently have the required pipe in storage. The Mayor stated the City would do the trenching. Discussion was held on storm water drainage. Skinner recommended the City do the trenching at the same time they are placing the storm drain. Skinner stated the other item needed is sewer service. The Mayor stated the sewer is set for three years out because of moving the water line installation up. When a project is moved ahead another project is moved back. DeBoer asked if permits were issued for the lottery drawn hangars. The Mayor stated the issuance of the building permit constitutes a problem because it will have to be modified to accommodate the sprinkler system. DeBoer stated the Fire Department stated they would waive the requirement if there was a date set for the water system. The Mayor stated the Fire Chief needs a certain date for the completion of the water line in order to issue the permit. The Certificate of Occupancy cannot be issued until a date has been set for the water availability. Discussion was held on this issue. Skillman asked if there is anything that would prohibit a commercial business currently coming into the Airport. Skinner stated sewer would have to be addressed which would be an additional and excessive expense. Discussion was held on a sleeve having been placed under the new asphalt. PAGE 2—(c:+i p�m uw%i ptq&mi.) Hydrant Installation: Other: Skillman asked what was being done about the placement of a safety door in Steve's hangar. Barlow stated she has talked with Dale Peters, City employee, and the company that was contacted has been slow in responding to the City's request. It was the consensus of the Commission that Skinner would contact a door company to do the emergency exit as soon as possible. The billing will be sent to the City. D. Review of Safety Reports - FBO Skinner: Skinner stated the safety report is pretty much the same. The maintenance hangar still needs the door fixed, and the weeds, especially by the City hangars. The cracks in the runway also have weeds growing up through them. Skinner stated the fire incident at the Airport involved an airplane from Creswell. He had stopped at the Ashland Airport for refueling. The plane was two hundred feet away when the pilot called back stating there was a problem. When the plane landed the passengers immediately came out of the aircraft. Skinner was there in 30 seconds with a fire extinguisher. He had the people get away from the plane and when he walked back and looked into the cockpit it immediate went into a ball of fire. The response time from the Ashland Fire Department was 20 minutes. The Forest Service responded before Ashland Fire Department. Insley stated she talked to Don Paul, Ashland Fire Department, and he told her they were on a fire drill at Emigrant Lake. She said she was surprised there was no one at the Fire Stations. The State Forest Service is located closer to the Airport and the statement was made that this is why they arrived sooner. Discussion was held on response time and calling for emergency services. DeBoer asked that the City do something different, internally, for training, and that coverage be handled differently. The Commission agreed 15 minutes is too long for a response time. Ward stated two months ago he approached the Commission in reference to obtaining large bottles and a portable, or small truck for fires at the Airport. Barlow will follow up with Bern Case on this issue. Barlow stated Federal surplus equipment may be available to the City and is listed on the Federal surplus pages on the Internet. IV. NEW BUSINESS: Chairman DeBoer stated Dan Harris was present and added him to the agenda: Dan Harris stated that years ago the City approved annexation of property located across Dead Indian Road from the Airport. (He showed a map to the Commission.) The property owners are proposing a creation of a fourth lot. He referred to minutes from a previous Airport Commission Meeting. The minutes referred to the Commission's approval of a residence in the same area. A Hold Harmless Agreement was to be signed as a condition of approval. DeBoer stated Harris was asking the Commission if there were any concerns before he applies for Planning Commission approval. Discussion was held on this issue. The PAGE 3—(c:a pmmm�\s p96.Min) f Commission encouraged Harris to move the construction site as far away as possible from the Airport approach pattern area. DeBoer stated that an airplane out of fuel will come down in this area and if the plane is unable to land in the Airport area that he would rather see the plane hit the trees instead of a home. Jacobson stated when this end of the runway is used for take-off, noise would be a major factor. The Commission agreed. (Mayor Golden left, constituting no quorum at this point in the meeting.) A. &,Wrt from Ashland Airport Association, Summer Break. Yeamans: (Status of compass rose paintingJ: DeBoer stated this item should be placed on the October meeting agenda. Insley or Yeamans will give us a report next month. B. Barbecue/Social Event Planning: DeBoer stated the Ashland Airport Association would need to address this agenda item. C. Status of New Economic Impact Study RgQuest• Insley;. Next meeting agenda. D. Non-commercial Fueling Standards: Discussion: Next meeting agenda. E. Other: DeBoer asked that the financial report Barlow gave to Commissioner members also be mailed to members not present. DeBoer stated the financial report would be discussed at the October meeting. V. AIRPORT MANAGER REPORT/FBO REPORT: A. . . Status of Airport--Skinner: B. Financial Report - End of Fiscal Year Summary: VI. INFORMATIONAL ITEMS: Insley stated Terry Gastin, SOSC, will begin the study on the Airport's economic impact. Barlow stated she has obtained information on awnings for the Airport FBO offices/building. She discussed types and prices with the Commission. DeBoer appointed Jacobson and Skillman to look into this issue. Skinner stated there would be a meeting held at Josephine County on September 12th, 10:00 a.m. - 1:00 p.m. The purpose of the meeting will be to discuss "minimum standards." Barlow stated a number of representative from regional airports will be in attendance. PAGE Ward discussed with the Commission the Fire Marshall approving the cutting of a partial of the 22 acres and not the entire area. Barlow stated the Fire Chief made the call. DeBoer asked Ward to write a letter the City Council stating his concerns in reference to what he thinks is a fire danger. I. ADJOURN: Meeting was dismissed at 1:08 p.m. Respectfully submitted, Caralyn Dusenberry Administrative Secretary Public Works Administration PAGE 5—(c:airplmivut %upt96.Mi.) ....................... .::::.:::::...:... . . ASHLAND AIRPORT COMMISSION Skq•1+4k' »q, 3d33t3 1NX'1dSTY9 Regular Meeting August 7, 1996 Members present: Alan DeBoer; Bill Stillman; Marty Jacobson; Paul Mace; Lillian Insley; Linda Katzen; Mayor Catherine Golden and John Yeamans. Staff present: Pam Barlow I. CALL TO ORDER: 12:00 Noon, COUNCIL CHAMBERS The meeting was called to order at 12:03 by Chairman Alan DeBoer. H. APPROVAL OF MINUTES: Wednesday, June 5th, 1996 Minutes corrected and accepted. III. OLD BUSINESS: A. Airport Rates; Annual Increases Commercial Land Leases' Insley requested background information on rates and CPI. Skinner stated there are fifteen or more names on the hangar waiting list. DeBoer noted it would benefit the City to construct hangars and that his business is working on a proposal. DeBoer noted rates are competitive with those throughout the State. DeBoer stated no one recently has come to the City requesting a commercial lease. Yeamans referred to the last hangar lease. Skillman asked about the hydrant expected to be installed by Mace's hangar. He also stated if this is going to be done it needs to be completed before the new paving. This item was placed on the next Airport Commission meeting agenda. Skillman also requested the commercial land lease item be placed on the next meeting agenda. B. Flight Patterns' Noise Management: Ultra lights: Other: Public Comments from Skinner in which he stated 1,000 AGL [above ground PAGE 1—(c:si pv i.wc .ugwmi.) level] instead of 3,000' elevation, did not like turn on departure. Skillman stated he is against altering departure course. Pilots like I-5 as an emergency strip but non-standard pattern, then raising pattern O.K. but at 2,90' or 1,000 AGL. KCMX towers are of concern. 2,900' common one of two standard patterns. 3,000' is too high as this pattern takes the planes too close to towers. The notification procedure is to notify Oregon Aeronautics, NOTAM, revise flight guides, AOPA Ultra-lights not included (or 200' below published pattern.) Mike Siedlecki stated ultralights fly 500' below the standard right traffic pattern, should ultralights leave this at 300' below or bring their pattern up? Jacobson stated ultralights should stay the same elevation below the new pattern. Skillman moved to raise pattern to 1,000' AGL. Jacobson seconded motion. Motion approved. C. OR SB 1113 - Staff: D. Maintenance Issues: Staff: Awnings - Staff to contact Bill Welch for an estimate of the cost for awnings on the airport administration building. Weeds around City hangars reported. Staff to contact Parks for maintenance. Skinner stated aprons, taxiways and runways still need crack sealing, pavement maintenance. He also noted the availability of an above ground fuel system via Valley Oil's municipal lease program. IV. NEW BUSINESS: A. Secure Storage Expansion: Skillman moved approval of expansion for Secure Storage. Yeamans seconded motion. Motion approved. East Main Street Residential Site Plan: Ashland Airport Commission opposes homes close to Airport and prefers location at Site 'A', closest to East Hills Drive. If residence is to be built, usual regulations are to be applied. B. Report from the Ashland Airport Association (President Clark Hamilton, V.P. John Yeamans): Airport Association is on summer break. PAGE C. Barbecue? It is decided mid or late September would be a possibility for the Airport Commission barbecue. D. Other: Compass Rose - Airport Users Group to do. Katzen notes 99's have specs for this locations discussed. Yeamans thinks this is a good project for the airport association and will check with the group about this. It might work to coordinate this with the barbecue. Insley wants update of economic impact study via S.O.S.C. or Portland State students. She will investigate. V. AIRPORT MANAGER REPORT/FBO REPORT: A. Status of Airport--Skinner: There have been 8-15 transient planes per week using the airport; two-three fly- ins; Bonanza; and September group. New apron makes a great staging area for new groups. Two hundred six hours rentals. Eight thousand two hundred gallons of fuel were sold. This is up 10% from previous year. No increase in noise complaints. Mostly aerobatics. Bern Case working with them to set up a specified area for this activity. B. Financial Report - End of Fiscal Year Summary: VI. INFORMATIONAL ITEMS: Bern Case will forward information on wheeled bottles for fire protection. Katzen congratulated Case and staff on their work with United Airlines. They did an excellentjob. Case thanked Katzen for her group's work. Case stated their noise complaints average one per month, except for the May Air Show. Air Show next year will be sponsored by the Medford Rotary. They will have more regulations. I. ADJOURN: DeBoer adjourned the meeting at 1:08 p.m. PAGE Respectfully submitted, Caralyn Dusenberry Administrative Secretary Public Works Administration PAGE 4—(c:.GplminuwVug96.Min) BICYCLE COMMISSION Agenda Tuesday, September 17th, 1996 4:30 P.M., Council Chambers I. CALL TO ORDER: Councilor Hagen called the meeting to order at 5:05 p.m. II. APPROVAL OF MINUTES: Tuesday, Aug. 20, 1996: III. ITEMS FOR DISCUSSION: A. Bicycle Commission Changes: Hagen requested report to be given by Ellsworth. Ellsworth was not present. Hendricks recommended a separate list with action items be made at each meeting. The person's name that is responsibility would also need to be placed next to the action item. Discussion was held on this type of list being prepared each month. B. Facility Development: UpdatelPlanning: --Status of RR Bikepath iSTEA Grant. Barlow stated the City has received Federal approval. Discussion was held on communications between the Parks Commission and the Bicycle Commission. Hendricks was designated as Commissioner to attend the Parks Commission meeting and discuss communication between the Parks and Bicycle Commissions. --Status of RR Bikepath CMAQ Grant. CMAQ Grant was submitted. Barlow is 90% sure City will receive the Grant. PAGE 1—(c:nikeainuwxwpm.ni.) --Siskiyou Boulevard: Amy Lesch, coordinator for ODOT, is working on the Siskiyou Boulevard project. Barlow will bring map to the next meeting. C. cycle Safety Education: Effective Cycling Instructors' Report: No Commission instructors were present. D. Racks and Lockers: Decision: Hagen stated he had contacted Portland, Eugene, and Salem and discussed the different types of bike lockers these Cities are using. Each City gave recommendations for specific lockers. Decisions were made by the City's before the pie-shape lockers were developed. Key Bank has shown interest in installing this type of locker. Discussion was held on the different types of lockers the City may want to purchase. The City of Portland rents their bicycle lockers for $10 per month. They also have coin-operated lockers. Hagen asked Barlow to locate the packet of information he forwarded to her in reference to the bicycle lockers. E. Effective Cycling Program: Status of classes & videos: Pete Belcastro, Cable Access, stated they have run the "effective bicycle" video six or seven times. Discussion was held on funds for advertising, and times the video should broadcast and be advertised. It was suggested the video be broadcast during the Thanksgiving holidays. Hagen stated he would contact Belcastro. Commissioner Hobbs will prepare the advertisement. Hagen requested Barlow to locate the videos and decide where they would be made available. F.. --.__Oregon Bicycle and Pedestrian Plan: Barlow stated she has a loose-leaf copy of the Oregon Bicycle and Pedestrian Plan that could be loaned to interested persons. IV. COMMENTS: Commission or Spectators: V. INFORMATIONAL ITEMS: Discussion was held on time of day this meeting should be held. Decision was made to move the Bicycle Commission meeting to the third Thursday of the month and the time would be from 4:30 p.m. to 6:00 p.m. The subcommittee will meet before at 3:30 p.m., October 17th. Hagen requested the packet of information on bicycle lockers be made available to the subcommittee members for the October 17th meeting. PAGE Z-(c:bac\minw \ccpc96.Min) r Actions items: 1) Jack Hendricks will attend Parks Commission meeting; 2) Air photo maps will be available at the October meeting; 3) information on bicycle lockers, from Hagen, will be given to subcommittee members; 3) Belcastro will be contacted in reference to advertising and running video on Cable Access TV; 4) Hobbs will prepare advertisement. Hagen asked about the bike racks at Safeway. Barlow stated they are awaiting approval from the headquarters office. Discussion was held on a banner being made for the Fourth of July in reference to the Bicycle Commission. Hagen stated the Commission needs an entry in the parade. Murphy stated he would look into having a banner made for the Commission. He will contact lightning Sign and Banner. Hendricks will attend the conference in Bend. The City will pay conference registration cost and mileage. Discussion was held on placing bike racks throughout the City. VI. ADJOURNMENT: There being no further business the meeting adjourned at 6:02 p.m. Respectfully submitted, Caralyn Dusenberry Administrative Secretary Public Works Administration PAGE 3-(0:biWminw %wpt96.Mm) BICYCLE COMMISSION August 20, 1996 MEETING XEDa M COMMISSIONERS PRESENT: Jack Hendricks; Larry Hobbs; and Chairman Councilor Ken Hagen. Staff present: Pam Barlow and Caralyn Dusenberry. Mayor Golden was also present. I. CALL TO ORDER: The meeting was not called to order because there was not a quorum present. II. APPROVAL OF MINUTES: Tuesday, July 16, 1996 III. ITEMS FOR DISCUSSION: A. Bicycle Commission Goal Setting/Budgeting Report on 08/01 Meeting B. Facility Development: Update/Planning Status of RR Bikepath ISTEA Grant: Status of RR Bikepath CMAQ Grant: Siskiyou Boulevard: C. Bicycle Safety Education: "Street Smarts"/Ffle Holder Distribution Effective Cycling Instructors' Report D. Racks & Lockers: Sites and Costs: E. EFFECTIVE CYCLING PROGRAM: Status of classes: video: F. Oregon Bicycle & Pedestrian Plan: IV. COMMENTS: Commission or Spectators. V. INFORMATIONAL ITEMS VI. ADJOURNMENT Respectfully submitted,', Caralyn Dusenberry Administrative Secretary Public Works Administration BICYCLE COMMISSION July 16, 1996 MEETING Al[NUTES COMMISSIONERS PRESENT: Jack Hendricks; Janine Ellsworth; Sarada and City Council Liaison Ken Hagen. Staff present: Pam Barlow and Caralyn Dusenberry. Barlow presented Keough Noyes a certificate of appreciation for his many years of work, commitment, and service as a Bicycle Commission member. I. CALL TO ORDER: Councilor Hagen called the meeting to order. II. APPROVAL OF MINUTES: Tuesday, June 18, 1996 There was not a quorum at the June 18th meeting. III. ITEMS FOR DISCUSSION: A. Bicycle Commission Goal Setting/Budgeting Hagen stated the Bicycle Commission goals were laid out in general terms but specifics were not identified in reference to bicycle racks, etc. Barlow stated we need to hold off on purchasing bicycle lockers until we get some costs and also racks for the bus stop. Discussion was held on the different. types and styles of bicycle racks. Hagen stated locations need to be identified in order to spend the money budgeted. Discussion was held on the lockers that could be placed at Oregon Shakespeare Festival and Hargadine area. Discussion was held on charges for lockers being based on a monthly or a daily rental. Hagen recommended the lockers be placed as soon as possible. Discussion was held on placing bike lockers at Key Bank. PAGE 1-(c:bikelminutca\jU1Y%-Min) Hagen requested the map showing locations for bike racks be brought to the next meeting. The sub-committee prepared the map and worked on the promotional materials. Discussion was held on the number of bike racks that could be purchased in this years budget. There are currently nine on hand. Discussion was held on placing a bike rack at the Recycling Center. Hagen requested the racks and lockers be looked into as soon as possible and to have them placed right away. Hagen requested Ellsworth contact the businesses on the list Barlow prepared. Sarada stated in the past two weeks there have been two accidents where children were hit riding their bicycles. One was by McDonalds and the other was on Park Street. She is concerned that we make the initial education effort and have the Tidings get this out there. Discussion was held on enforcement by the Police Department. Discussion was held on placing "Ten Commandments for Bicycling" in the utility billing insert. Discussion was held on the bicycling safety classes and advertising. Sarada requested Barlow prepare an ad and have it placed in the Tidings once per week throughout the summer. Hagen recommended a sub-committee be put together for a month by month listing and report for the budgeted funds. He recommended the sub-committee hold a meeting on Thursday, August 1st, 7:00 p.m., in the City Council Chamber or Jury Room. ('Phis was placed on the City Council Chamber E-mail schedule.) B. Facility Development: Update/Planning Siskiyou Boulevard: Hagen stated that Monte Grove, Oregon Department of Transportation, assured the City that the overlay for North Main, from Valley View to the Library (East Main), is the only section they will be overlaying. They would hold back completing the other section until the City comes up with a design for the bicycle lanes. ODOT will be sending the planning maps to the City and then the City will hold public hearings for the public to review give input to the City's proposed design. Grants may be applied for to help towards costs of the project. The City needs to make every effort possible in order to get the design completed and forwarded to ODOT so that it can be implemented into their plan. Hagen stated a Study Session will be held with ODOT on August 21st at 4:00 p.m. This will be the time to review the transportation planning prepared by ODOT. Central Ashland Bikepath/Ph.H--Barlow: This issue was discussed earlier. We are hoping to hear back on the SEAQUAC. PAGE 2-(c:n4dminumdjWy%.Mi.) Bicycle Parking Barlow stated a lot of racks are being placed around the City. C. Bicycle Safety Education: Ellsworth will take video to the Library and Hagen will take videos to the video stores. "Street Smarts"/File Holder Distribution Effective Cycling Instructors' Report They were going to teach class at Fire Department but this did not work out. This course needs to be done in three classes because there is required practicing. Cycle-Analysis in Jacksonville will be having the class held there. Discussion was held on the classes sessions and advertising. Hagen will send PSA's to the television stations. D. Bicycle Commute Week: Evaluation Thank Yous Barlow stated she sent out Thank Yous to the businesses that contributed to Bike Commute Day. Additional Thank Yous need to be sent to the cycle shops. Names of cycle shops were given to Barlow. E. YMCA Way: Modify Bike Lane to allow Two 15 Minute Pkg. Spaces The owner of the Apple Cellar asked for two 15 minute spaces on the street. Barlow displayed map on overhead. Discussion was held on possible bike spaces and locations. Sarada moved this be made a shared lane and parking spaces be placed. Hagen seconded. Motion approved. F. _.._RR Park and Bikepaath Intersection at 8th & A Street Barlow showed the map drawing of this area. Hendricks recommended the path be brought into the Park. Hendricks stated he talked to Mickelsen and it is the Park's Department's understanding that the path would go into the Park. Discussion was held on this issue. Barlow reviewed drawing of a portion of the Bikepath with the Commission members. Barlow stated that Adkins and Emerson should discuss the intersection area and make options for the Commission to address. G. Effective Cycling Video Status: Order, Air Time on RVTV Hagen requested the video be run on the Cable Access channel. PAGE 3-<c:bfkc%miwt kjdyWMW H. New State Bicycle and Pedestrian Plan: IV. COMMENTS: Commission or Spectators. V. INFORMATIONAL ITEMS VI. ADJOURNMENT. Respectfully submitted, Caralyn Dusenberry Administrative Secretary Public Works Administration PAGE 4—(c:bake\m6uwNtwy96.Min) BICYCLE COMMISSION June 18, 1996 MEETING NIINUTFS COMMISSIONERS PRESENT: Jack Hendricks; Janine Ellsworth; and Council Liaison Ken Hagen. Staff present: Pam Barlow and Caralyn Dusenberry. I. CALL TO ORDER: There was no gorum for this meeting II. APPROVAL OF MINUTES: Tuesday, May 21, 1996 III. ITEMS FOR DISCUSSION: A. Bicycle Commission Goal Setting/Budgeting: B. . _Facility Development: Update/Planning Siskiyou Boulevard: Central Ashland Bikepath, Phase If- Barlow: Bicycle Parking: C. Bicycle Safety Education "Street Smarts" Distribution: Effective Cycling Instructors' Report: D. Bicycle Commute Week Evaluation: Thank your: E. Railroad Park & Bikepath Intersection at 8th & 'A' Street: F. Effective Cycling Video Status: Order, Air Time on RVTV: PAGE 1—(c:ca e\min .yMC%.Mi-) G. New State Bicycle and Pedestrian Plan: IV. COMMENTS: Commission or Spectators V. INFORMATIONAL ITEMS: VI. ADJOURNMENT: There being no further business the meeting adjourned at p.m. Respectfully submitted, Caralyn Dusenberry Administrative Secretary Public Works Administration PAGE 2-(c:b&e\min d\unt96.Min) Forest Commission Wednesday, June 12th, 1996. 7:30 - 9:00 p.m. I. Call to Order This meeting was cancelled. II. Minutes of Meeting: May 8th III. Items for Discussion A. Interface Contracting: 1. Spring Project Contracting: Status of Implementation 2. Status of Surveying Parcel 3. Overall Contracting: Woodley B. Project Review/Action Plans: 1. Recreation: a. Public Access Issues, Coppedge b. Alice-in-Wonderland Trail Concerns 2. Public Relations--Presentation, Ravencrojl 3. Other C. Commission Membership 1. Modified Resolution: Review D. Video Tapes Video Library: Bring tapes to return. circulate E. Other F. Next Hike: At location of proposed joint burn project Reset Date for USFS/Forest Commission Joint Hike IV. Review/Set Commission Calendar V. Other Business VII. Adjourn Respectfully submitted, Caralyn Dusenberry Administrative Secretary Forest Commission Wednesday, July 10th, 1996 7:30 - 9:00 p.m. I. Call to Order This meeting was cancelled. II.. - Minutes of Meeting: May 8th III._ Items for Discussion A. Interface Contractine: 1. Contract Status: Woodley B. Project Review/Action Plans: 1. Recreation: a. Public Access Issues, Coppedge b. Alice-in-Wonderland Trail Concerns 2. Public Relations--Implementation of Melanie's Plan 3. Other C. _. . .Report on 6/21 Hike of Proposed Joint Burn Project D.. . Video Tapes, Video Library: Bring tapes to return. circulate E. . '96 Goals: Discussion IV. Review/Set Commission Calendar V. Other Business VII. Adjourn Forest Commission Wednesday, August 14th, 1996 7:30 - 9:00 p.m. in the **Community Center Meeting Room** 59 Winburn Way I. Call to Order: There was not a quorum available to hold this meeting. Meeting was cancelled. H. Minutes of Meeting: (Regular Meeting Cancelled) III. Items for Discussion A. Interface Contractinv 1. Comments re. On-site Review of Spring Contracting, Glenview 2. Marty Main, Contract Status: Woodley 3. Fall Projects/Priorities B. Project Review/Action Plans: 1. Recreation: Public Access Issues, Coppedge Alice-in-Wonderland Trail Concerns 2. Public Relations- 3. Other C. R=rt on 6/21 Hike of Pro2gsed Joint Bum Projec D. ...Video Tapes Video Library Bring tanes to return circulate E. '46 Goals: Discussion IV. Review/Set Commission Calendar V. Other Business VII. Adjourn Forest Commission Wednesday, September 11th, 1996 7:30 - 9:00 p.m. Council Chambers 1175 East Main Street I. Call to Order: There was not a quorum available to hold this meeting. Meeting was cancelled. H. Minutes of Meeting: (Regular Meeting Cancelled) M. Items for Discussion A. Interface Contracting; 1. Comments re. On-site Review of Spring Contracting, Glenview 2. Marty Main, Contract Status: Woodley 3. Fall Projects/Priorities B. Project Review/Action Plans: 1. Recreation: Public Access Issues, Coppedge Alice-in-Wonderland Trail Concerns 2. Public Relations-- 3. Other C. ._ Report on 6/21 Hike of Proposed Joint Burn Project D. Video Tapes, Video Library: Bring tapes to return. circulate E. '96 Goals: Discussion IV. Review/Set Commission Calendar V. Other Business VII. Adjourn ASHLAND TRAFFIC SAFETY. COMMISSION i Thursday, June 27, 1996 Regular Meeting NO PARKING MEMBERS PRESENT: Rodney McWhinney; Ken Hagen; Joanne Navickas; Bob Goeckermann; Staff present: Ray Smith; Pam Barlow; and Officer Brent Jensen. I. CALL TO ORDER: 7:05 p.m., Council Chambers: New Commission members Rodney McWhinney and Bob Goeckermann were introduced. I. APPROVAL OF MINUTES: May 23, 1996: Barlow stated "H and W" needed to be changed to Bill Walsh. III. ITEMS FOR DISCUSSION: A. Public Forum: Ms. Soltan discussed the Wimer Street parking issue. She complained because people are turning around in her driveway. Officer Jensen agreed to meet and discuss this issue with her. B. Stop on Terrace Pines at Ashland Loop Road: Barlow stated there was a problem notifying all the property owners on Terrace Pines because half of the lots have not been developed. Staff made outstanding presentation of Terrace Street layout. Residents Walsh and Marilyn Briggs spoke in favor of the placement of a stop sign on Terrace at Ashland Loop. Officer Jensen was not in favor because of the "false sense of security" that would be caused by installing sign on one leg of 4-way intersection. After discussion Hagen moved that "Stop" sign be installed. Goeckermann seconded motion. Motion approved. Navickas abstained. Commission discussed on placement of bike crossing signs below the "Stop" sign. It was the consensus of the Commission that bike crossing signs would be preferred over "Pedestrian/Bike" sign. -PAGE 1-(u:U fm uwkji 96.Min) <:.-` C. RR=rt from the Crosswalk Awareness Week Subcommitteel4th of July Planning for Safety Chicken: Volunteers: Commission recommended the "Safety Chicken" be in the July 4th parade. Hagen volunteered Joanne for the duty. There will be three volunteers needed to help with the signs, banners, etc. Beardsley and Schumacher were volunteered by the Commission. D. Goal Setting: Back to School Safety Programs: Barlow suggested that we create an Ashland version of the City of Medford's Neighborhood Traffic Safety Manual for goal setting. New Commissioners were encouraged to come to the Public Works Department and review brochures, etc. Discussion was held on designing new brochures. Barlow stated there are new videos available and recommended Commission members view them. Hagen recommended goal setting be postponed time since three members were not present. E. Review of Traffic Requests: Staff member Smith presented an AUTOCAD display of Manzanita Street parking and recommended the School District remove excessive yellow painting which would reinstate four parking spaces. Smith presented "information only" display of shifting the bike lane to allow 15- minute parking spaces on YMCA Way. This suggestion will be present to the Bicycle Commission. Grandview Drive was discussed by the Commission. It was the consensus that it is still not a good idea to limit straight-through traffic to accommodate turning movement. Waldorf School building location is in progress. The request for a handicap parking space was placed "on hold." F. Combine July & August Meetings? It was moved and seconded to not hold a meeting in July and the next Traffic Safety Commission meeting be held August 22nd. Motion approved. G. -Other: Officer Jensen asked when the traffic signal at Maple and Walker would begin functioning. Barlow indicated signal computerization and completion of electrical work takes time. PAGE 2-(c:w utu%jmc96.Min) IV. INFORMATIONAL ITEMS: V. ADJOURN: The meeting adjourned at 8:15 p.m. Respectfully submitted, Caralyn Dusenberry/Ray Smith Administrative Secretary Public Works Administration PAGE 3-(c:u f\ 7nm \j=e96.M1n) ASHLAND TRAFFIC SAFETY COMMISSION Thursday, August 22, 196 Regular Meeting NO PARKING MEMBERS Rodney McWhinney; Ken Hagen; Christine Schumacher; PRESENT: Bob Goeckerman; and Susan Beardsley. Staff present: Ray Smith; Pam Barlow; Caralyn Dusenberry; and Officer Brent Jensen. I. CALL TO ORDER: 7:00 p.m., Council Chambers: Chairman Laws called the meeting to order at 7:00 p.m. I. APPROVAL OF MINUTES: June 27, 1996: Chairman Laws stated the minutes would stand approved as submitted. M. ITEMS FOR DISCUSSION: A. Public Forum: Karen Mayfield read a statement requesting the City to take care of slowing the traffic on Oak Street. She also submitted a copy of the statement she read, to the Commission. (see attached) Janet Williams, 1115 Oak Street, stated she had circulated a petition the previous day. The petition was presented to the Commission. (see attached) She stated their concern is the Nevada Street traffic entering into the traffic flow on Oak Street. She was in an accident ten days previous to this meeting. She presented what she called a "work-up" to the Commission. (see attached) She stated she does not understand what a warrant is and why it is needed to place a "Stop" sign. She presented the Commission with information she received from the City of Eugene. (see attached) She stated if the City does not want to do "Stop" signs there is the option of placement of crosswalks. She stated the street from Eagle Mill into Oak Street is similar to Nevada and there is a "Stop" sign placed at that location. She said she feels the lower end of Oak Street needs to be looked at. Laurie Harris 1113 Oak Street stated their are 16 children in ? number of houses. She asked that traffic safety measures be addressed as soon as possible. Laws asked when the traffic calming was prepared by City Staff. He said their PAGE 1-(=:b1f=intA,\AUgve.Mm) has been several hundreds dollars spent in Staff hours in addressing and working on the Oak Street traffic calming project. Barlow stated in this situation the traffic does not meet the warrants required for a "Stop" sign and the warrants are for a reason. When a "Stop" sign is placed that does not meet the warrants, bigger problems arise. Busy neighborhood streets that place crosswalks in an area with little children, create situations for children to step out into the flow of traffic. Our number one concern is for the safety of the children. If school was in session year around this would be a different situation, but this location is not a year-around crossing. We would be creating a crosswalk that would not be safe. The little children in the audience are not all school age. If they are playing in the neighborhood and step out in front of a car on crosswalk it could be a disastrous situation. State law requires pedestrians the right of way in crosswalks. Barlow recommended traffic calming may be the answer. A four way intersection is not advisable, currently, for the Nevada to Street to have "Stop" signs placed. We have warrants that state what kind of traffic needs "Stop" sign. Ashland and Taylor did not meet the warrants for the placement of a "Stop" sign but there was other criteria, such as vision clearance and slopes that met the "Stop" sign criteria. Traffic Calming would be the answer. The neighborhood process is what the City is waiting for to move forward. We do not want to create a more hazard situation by placing "Stop" signs. Ray Smith stated Oak Street is an arterial in the Ashland Transportation Plan. There are 4,000 cars per day to Hersey, 2400 to Nevada Street. There are 147 cars per day on the east side Nevada and 1164 on the west side of Nevada. The total accidents at Nevada and Oak Street have been four in the last five years. It would be a definite safety hazard to place a "Stop" sign on an arterial because of the number of cars in that flow of traffic. The accident Janet Williams had was 100 feet from the Nevada/Oak Street intersection. Officer Jensen stated even if the warrants showed the "Stop" sign it may have been needed at that location ten years ago because he could not set there and do reports. Today he can park on the side of Oak Street for 45 minutes before a speeder will go by. Hersey and Oak, he thinks, could more possibly warrant a "Stop" sign. He also stated Jackson County would not let the City put a "reduced speed" sign on their land outside the City limit to let people know the change in the speed zone. Warning signs cannot be placed on Jackson County land. It has been proven that the more signs that are placed in an area, the less they are seen. There is a problem with speeders, but not traffic accidents. Barlow stated that the way the intersection exists, and with the current configuration, the City has not had a lot of experience with traffic calming. We are currently trying to work with the Oak Street residents through the L.I.D. process and funding. This is being addressed by City Council and we may have something definite in a couple weeks. Barlow recommended the Oak Street residents continue working with their neighborhood in program. PAGE 2-(.:wxmmwe,%aug95.nsn) Carolyn Christianson, 185 East Nevada Street, stated when she is going to the school and bus stop she has had to wait as long as five minutes to cross the street. She also stated coming back from school is worse. The location she was referring to was is Oak and Nevada. Williams stated she hears "warrants", "criteria", and "don't think so", from Staff and she wants to hear from the other people on the Commission. Laws stated there are solutions and what some think will work may not. We take advantage of all information and come to the best conclusion. Beardsley stated she wants the Commission to approach this by looking at the L.I.D. traffic calming. She asked if there is something that can be done at this specific intersection first, before the entire plan is implemented. Commissioner McWhinney stated if the Commission looked at slowing down traffic it would seem to solve the slowing down but it would also make it more difficult to cross. Jensen stated he sees the Ashland School District employees crossing. All of them are at the school. He will address the warrants for Oak and Nevada. He does not feel there is appropriate signage. Barlow recommended the school be contacted and asked if they have received complaints in reference to the crossing. Hagen explained to McWhinney the different types of traffic calming. Discussion was held on many types. Smith discuss the traffic calming plan and the location of proposed curb bumpouts. Discussion was held on this issue. Schumacher stated on Walker and Siskiyou day-glow pink cones with flags on top. Maybe these could be used at the Nevada and Oak Streets intersection. Laws recommended a sub committee be appointed to look at the neighborhood. He recommended Smith and Jensen be appointed City Staff members along with one of the Commissioners and Councilor Wheeldon. Barlow stated she would contact the School District in reference to the crossing guard program . McWhinney will represent the Commission. Goeckerman asked about rumble strips and recommended they be placed at the entrance of the City limits. Laws recommended this issue be addressed by a subcommittee. Laws requested the subcommittee report no later than the October meeting (October 23rd). He told the parents to work with their children in reference to the dangers. Barlow offered written materials (Oregon Department of Transportation brochures) to the parent for their use in instructing their children on safety issues. The neighbors thanked the Commission for looking at the Oak Street issues. PAGE 3-(aurt Mk-t0I WW%-Miu) B. YMCA Way: Modify Bike Lane to allow two 15-minute Parking Spaces• Barlow stated the Bike Commission recommended the bicycle lane be eliminated along YMCA Way, and the traffic lanes be shared lanes (shared roadway). By removing one existing bike lane this would allow parking which would cause a traffic calming effect. Hagen moved the modification recommended by the Bicycle Commission be adopted. Beardsley seconded motion. Motion approved. C. Crosswalk Awareness: Back to School with Safety Chicken Volunteers: Barlow stated it was recommended that the Safety Chicken be out and about on the first week students return to school. Each school should have the Safety Chicken visit once at school during the first week of school. The Safety Chicken needs an adult escort. Beardsley recommended the utility billing insert have a blurb for volunteers to wear the Safety Chicken costume. Laws stated if anyone of the Commissioner members would like to do this, or know of a volunteer, to contact Barlow. D. - -Discussion: Request for 5-hour Parking at Hareadine Parking Lot: Barlow stated she received a call from Paul Nicholson, Oregon Shakespeare Festival. Nicholson said he received complaints about the four hour parking limit and recommended the time limit be increased to five hours. Discussion was held on the use of parking passes. Barlow will contact Nicholson about parking passes for the Hargadine Parking Lot. E. Review of Traffic Requests: Laws stated the Public Works Department has been slow completing the requests made by the Traffic Safety Commission. Discussion was held on the different requests and when they would be handled. F. Goal Setting; Barlow stated the Medford Neighborhood Traffic Safety Manual was brought to a Commission meeting several months ago. The Commission had an opportunity to glance through the manual and Barlow recommends the Ashland Safety Commission prepare one for themselves. .Barlow showed mylar Halloween bags that could be distributed for children's safety. Laws requested Barlow to use her judgment for choosing the style of bag that would work best. Beardsley stated there were projects submitted by the subcommittee and she recommended funds be spent for those projects. Laws requested Barlow bring the list of proposed projects to the next Commission meeting. PAGE 4-(c:vanmm IA-g96.Miu) G. Other: Hagen asked about the Memorandum in the packet, in reference to the Miscellaneous Concrete Project, and if TPAC funds are being used for this project. Hagen commented about the light agenda (few items) for this meeting and the necessity of four Staff members in attendance. Discussion was held on these two issues. IV. U ORMATIONAL ITEMS: V. ADJOURN: The meeting adjourned at 8:30 p.m. Respectfully submitted, Caralyn Dusenberry Administrative Secretary Public Works Administration PAGE ASHLAND TRAFFIC SAFETY COMMISSION Thursday, September 26, 196 Regular Meeting NO PARKING I. CALL TO ORDER: 7:00 p.m., Council Chambers: This meeting was cancelled due to low number of agenda items. I. APPROVAL OF MINUTES: August 22, 1996: III. ITEMS FOR DISCUSSION: Respectfully submitted, Caralyn Dusenberry Administrative Secretary Public Works Administration PAGE 1 (ca.nmmowVugvs.ia n> ASHLAND PLANNING COMMISSION REGULAR MEETING SEPTEMBER 10, 1996 MINUTES CALL TO ORDER The meeting was called to order by Chairperson Barbara Jarvis at 7:10 p.m. Other Commissioners present were Armitage, Howe, Bass, Hearn, Gardiner, Finkle, and Carr. Girodano was absent. Staff present were McLaughlin, Molnar, and Yates. APPROVAL OF MINUTES AND FINDINGS Howe moved to approve the Minutes and Findings of the September 10, 1996 meeting. Bass seconded and they were approved. PUBLIC FORUM No one came forth to speak. TYPE II PUBLIC HEARINGS Jarvis read the procedures for a public hearing. PLANNING ACTION 96-099 REQUEST FOR A OUTLINE PLAN APPROVAL FOR A SEVEN LOT SUBDIVISION UNDER THE PERFORMANCE STANDARDS OPTION TO BE LOCATED AT 25 WESTWOOD STREET. APPLICANT: ANNA HASSELL Site Visits and Ex Pane Contacts -The Commissioners received a packet from the Westwood neighbors who expressed opposition to the formation of a local improvement district. The packet will be made a part of the record. —Hearn disclosed that the applicant is a client of his law partner, Dan Harris, therefore stepped down. —Site visits were made by the remaining Commissioners. STAFF REPORT This is a continuation from last month of the Outline Plan for a seven lot subdivision. The applicant was given time to address the concerns raised at the last meeting and in the Staff Report. Molnar showed the applicant's revised plan on the overhead. Hassell's surveyor did a topographic survey of the site delineating the far extent of the canopy of the oak trees and defined the building envelopes accordingly. Another issue from last month involved the development of the remainder of the property. The proposal has been modified so there are seven lots on ten acres within the City limits. The lot sizes have not changed with the exception of Parcel 1 which has been made larger to encompass the remainder of the ten acres. This will still allow for the applicant or someone else to come in with a separate application for a potential additional three lots. The applicant has indicated if they come in for more lots, they will provide dedicated open space. Another modification the applicant has shown, is a dirt trail at the end of the cul-de-sac that would be dedicated as a pedestrian easement down into the creek area for use by homeowners of the subdivision. Overall, the issues raised last month have been addressed in the addendum, and the additional site and topographic survey. Staff has recommended approval of the application with the attached nine Conditions. Armitage wondered what assurance the City would have that if Hassell is not the developer in the future, that there will be dedicated open space. Molnar said when the subdivision is platted as a seven lot subdivision, any future changes would be a modification of the that approval and the open space requirement would be spotted right away. Bass noted if the local improvement district is not subsequently formed, this project is a non-project. Jarvis said the applicant could pave it herself. McLaughlin said it should be clarified that the applicant can pave Westwood herself. Howe asked ff the Commission approves Condition 2 that the paving should occur. McLaughlin affirmed since the ordinance requires the access be paved. Jarvis noted that Carr was not at last month's meeting but she listened to all the tapes and will be part of the deliberations. PUBLIC HEARING DAN HARRIS,2101 Dead Indian Memorial Road, is representing the applicant. They have provided the information requested by Staff and the Commission. They have provided an addendum and a map. PAUL ADAMS, 189 Westwood Street, is against having to pay development costs. DARLYN ADAMS, 189 Westwood Street, opposes the LID for Westwood if she would have to pay. The developer should pay all costs for development. DAWN FALLON, 183 Westwood Street, opposes the development and paving of Westwood. KELLY ZAKIS, 145 Westwood Street, opposed the subdivision and paving of Westwood. DAVID SUGAR, 177 Westwood, asked the Commission to read his letter in the packet. MARCO BARCELLI, 145 Westwood Street, is opposed to the formation of a local improvement district. HENRY KNEEBONE, 449 Orchard Street, said he does not want to pay for a half street improvement. It is not right to approve the subdivision without the street being improved. MARY EATON, 155 Westwood, stated she is opposed to the subdivision if it involves the paving of Westwood. She would like the rural flavor preserved. CATE HARTZELL, 881 E. Main, had a question about Criteria C -- runoff into the creek and the proximity to Wrights Creek. McLaughlin said there is nothing in the ordinance that addresses lawn runoff. Hartzell would like to see it addressed in the future. ASHLAND PLANNING COMMISSION 2 REGULAR MEETING MINUTES SEPTEMBER 10, 1996 s Rebuttal Harris said the area is zoned one-half acre with ten lots being placed on 10.1 acres. There were some comments about the rural nature and Hassell is complying with the overall plan by reducing the density by fifty percent. She is doing her best to preserve Wrights Creek by indicating it can be dedicated as open space reserve. COMMISSIONERS DISCUSSION AND MOTION By conditioning such an important aspect of the project, i.e. whether there will be paving to the future, Bass questioned whether or not the criteria have been met today. Can an applicant take an LID question to the Council before bringing the project to the Planning Commission? McLaughlin said the process could begin that way. Armitage said the way we have been approving these types of projects, it does not allow development without paved access. McLaughlin said the improvement is not being deferred to another project unless the applicant chooses to do so. If they do not elect to form a local improvement district, then they are responsible for the improvement. Jarvis said the relevant language is in Criteria B...adequate key facilities 'ban" be provided. Molnar said the applicant has entered into the record a preliminary engineering design for the improvement. Molnar changed the wording to the first sentence of Condition 2 to read: "That a local improvement district for the improvement of Westwood Street be approved by the Council prior to the signature of the final survey plat or that Westwood be improved to City standards through the posting of a bond or full pavement of the improvement by the applicant prior to the signature of the final survey plat'. Howe moved to approve Planning Action 96-094 with the attached Conditions and the modification to Condition 2 as stated by Molnar. Gardiner seconded the motion. Bass wanted to go on record as saying this process should be flipped around with some demonstration that the LID be either in place or on its way or have been considered. The motion carried unanimously. PLANNING ACTION 96-086 REQUEST FOR OUTLINE PLAN AND SITE REVIEW APPROVAL FOR A 40-UNIT, MULTI-FAMILY SUBDIVISION UNDER THE PERFORMANCE STANDARDS OPTION LOCATED AT 2225 SISKIYOU BOULEVARD. APPLICANT: HARLAN DEGROODT Site Visits and Ex Parte Contacts —Carr had a site visit and noticed the burden and potential burden on Clay Street. —Bass had a site visit and noticed the project will back up to a group of homes on Diane Street. —Armitage had a site visit and noticed a "For Sale/Sold" sign on Siskiyou that was with this property and he noticed the condition of Clay Street. -Jarvis had a site visit and said the applicants should be notified that Carl Oates spoke about the ASHLAND PLANNING COMMISSION - 3 REGULAR MEETING MINUTES SEPTEMBER 10,1996 County maintenance of Clay Street last month to the Planning Commission. He made the Commission more aware of Clay Street. —Finkle, Gardiner, Howe and Hearn had site visits. STAFF REPORT Molnar stated this is a proposal for a 40-unit multi-unit subdivision which involves Outline Plan approval. The criteria are covered in the Performance Standard's chapter. A site review or design review approval is also required. A lengthy history of the property is outlined in the Staff Report. Molnar showed an overhead of the property. There is 125 feet of frontage along Clay Street and similar frontage along Siskiyou Boulevard. The project will back Clay Creek Estates subdivision. The site is around three acres with an access driveway that meanders through the site from Siskiyou to Clay. The State (ODOT) would grant a mutual access easement that would serve the existing residence as well as the proposed project. The project is proposed for three phases. Phase I will consist of 14 townhomes with their primary orientation facing Siskiyou Boulevard or the internal private road. Phase II consists of 18 units (duplex-style), and Phase III with eight units (condominium) toward the end of the project near Clay Street. The driveway will be 20 feet in width with a concrete sidewalk that will follow the driveway through the project. The most significant feature on the property is Clay Creek and the associated floodplain. This area is proposed as one of the three open spaces (around 7,000 square feet). There is a triangular area near Siskiyou Boulevard designated open space. The third open space strip is between the driveway off Clay and a parcel in Clay Creek subdivision. Staff has a concern with the status of Clay Street. When the proposed project is fully built it will generate 350 to 400 vehicle trips per day. Clay has been identified as a collector and could handle up to 3,000 trips per day. The improvement is built to County standards, is barely 20 feet in width, patchwork of asphalt, no curbs, ditches to carry storm drainage, gravel shoulders to allow for on-street parking, and no pedestrian facilities on either side. No traffic study was done by the applicant. Even though the vehicle trips from the project will be split, it will result in an overall significant percentage increase of the traffic on Clay Street. At minimum, prior to the second or third phase, Clay Street should be improved to a half-street from the intersection of Siskiyou Boulevard to the entrance of the project on Clay (around 300 feet). Two areas of open space concerns Staff also. While the project does not require providing open space for the purpose of awarding additional density, at least five percent of the total project area is required to be in open space. The definition of open space is "common area designated.....set aside for the common use of the members of the homeowners association which open area may be landscaped and/or left with natural vegetation cover....... The entry open space along Clay Street at the driveway acts more as a buffer to the property fronting on Diane Street. The home on Diane almost has frontage on three streets; two public streets and a 20 foot wide driveway. The open space designated is between the parking area units 28 and 29. That functions more as a side yard for those units as well as buffering from parking instead of acting as true open space. Even without the two questionable open space areas, the project has over five percent. The area along the floodplain exceeds five percent. This area should be integrated both visually and physically to the development so it is clear it is integral with the development. It provides an awkward means of going ASHLAND PLANNING COMMISSION 4 REGULAR MEETING MINUTES SEPTEMBER 10,1996 I down a private driveway to an open space area. A separate type of landscaped pedestrian corridor should be provided to create the connection and comply with the criteria for Outline Plan approval. The Tree Commission noted there is an Asian Persimmon tree on the property. There only five examples of this type of tree in Ashland. The location of the tree is In the bend of the driveway and it is shown to be saved, 'If possible. The Tree Commission was very strong in their recommendation to bend the road or move it up a little in order to retain the tree. The applicant met with Staff today to show an alternative design that would increase the radius around the tree. The applicant made some revisions to the alternate access to the development. Staff has not had much time to evaluate this plan but is still looking for a more centrally designed corridor. Carr asked If a Condition should be included in light of the letter from ODOT. Molnar said a Condition should be added that the access permit be obtained prior to Final Plan approval for the subdivision. Howe commented on the lack of private yard space on units-1-14. Molnar responded that there is a requirement for a certain amount of recreational space in multi-family projects that can be combined. Units 1-14 have front yards which are more ornamental. To give those residents an opportunity for greater outdoor space, Staff felt that was an even stronger reason to create a more visible connection to the main open space of the project which is along the creek. Howe asked If the 300 foot paving of Clay occurs, is the City in a position to accept that portion of Clay? McLaughlin said that would have to be worked out with Public Works. Finkle mentioned that on pervious larger developments that will have a greater traffic impact, the Commission has conditioned the developments to sign in favor of improvements further away from the development. He wondered If Staff is looking too conservatively at the impact of the development on Clay Street. What are the long-term impacts on this street? Molnar said the improvement Staff has suggested is approximately ten percent of the road length. Jarvis thought It would be important to add a condition to ensure the improvements and utilities are made on Clay Street before utilizing the access to Clay. Molnar agreed that needed to be made clear. PUBLIC HEARING HARLAN DEGROODT, 706 Oak Knoll, stated he always intended to preserve the Persimmon tree by curving the road to the east to get around it. With regard to access through the open space, DeGroodt does not wish to have more of a multiple family residential structure. His primary goal is trying to provide residential character to this neighborhood. He does not want to push four units together to make a multi-family structure. He wanted to have access to both ends of the open space. He is not opposed to Staff's solution. DeGroodt said he would hope the Ashlander could contribute something to the 300 foot improvement of Clay. He would ask that whatever improvements he makes, his contribution is quantified. He would not have a problem blocking the access off to Clay until improvements and utilities are in place. Finkle asked if DeGroodt would favor some type of pathway to the creek area when later phases are developed. DeGroodt said his plan calls for pruning trees and clearing an area under the direction of ASHLAND PLANNING COMMISSION 5 REGULAR MEETING MINUTES SEPTEMBER 10, 1996 the architect. Molnar reiterated that Staff feels there is merit In looking at a more centered access point. DeGroodt said he would rather condition issues that continue the action. EMILY PHELPS, 2770 Diane Street, said she has concerns with adequate drainage from the project. There is a pool that forms behind her property and just sits there. Her garage and lower level of her house flooded last winter. She is also concerned about the parking that backs up to her living room that will create noise, air pollution, car lights, solar, and quality of life. Will there be a fence? There is not adequate safety on Clay or Siskiyou for children walking to school. This project will generate more traffic. The parking on Diane and Clay is already spilling on the streets from the Ashlander. ALAN BERLIN, 2795 Diane Street, said he has drainage problems on his property. He would suggest this be dealt with before the development is built. He explained Diane is the street now used by many to get the freeway. He would imagine many who live in the proposed development will need to access the freeway to get to work. Diane will be overwhelmed by the traffic from this project; particularly by the time Phase II and III are completed. JAMES EARLEY, 2805 Diane Street, thought this project did not meet Criteria B because it will overload i a City service (Diane Street). He is concerned that once Phase II and III are completed, that the traffic will not go down Clay but across Diane. A "Stop" sign at Jaquelyn would help. In addition, he is concerned about the children's safety. JOHN FIELDS, 845 Oak Street, mentioned he is familiar with the site and had planned in his mind, a co- housing project. The number one issue is that ten months out of the year the site is ankle deep in water where Hamilton Creek is located about 200 feet above the floodplain. Fields sees the most difficult part of the proposal as it is being presented, is trying to detach the housing creating little stacks of monoliths. He is not sure solar access for all the units will work because it looks like they will be shadowing each other. The open space issue of the creek and floodplain is the opportunity that needs to be emphasized in the design. Building away from the wetlands opens up the solar access. He feels the applicant is trying to maximize as much land as possible. He envisions the lot as a multi-family, rental, attached housing site rather than trying to detach. Fields wondered if this area was a designated wetland. Molnar said since part of the site contains a wetland, the City is required under State law to notify the Division of State Lands. They will require a more formal delineation that might encompass areas outside the floodplain. Fields said he noted that the site plan seems to disregard the drainage. For example, how will the four feet drop in the daylight basement be remediated? BILL EMERY, 884 Clay Street, stated that his concern is with Criteria B. He wondered if a traffic study had been done for Clay and Diane Streets. The route through Clay takes a half-mile off the trip to shopping and takes cars from out of the area. Parking is a problem particularly during the school year. The developer has 100 feet along Clay that will be turned into private road access onto Clay along with driveway cuts thereby eliminating most of the 100 feet of parking along Clay. Emery said because he is on the corner of Clay and Diane, and the proposed road will be on the south side of his property, he will have a road on three sides of his property. He will be isolated on a peninsula in a high traffic area. ASHLAND PLANNING COMMISSION 6 REGULAR MEETING MINUTES SEPTEMBER 10, 1996 GEORGE CALMENSON, 2790 Diane Street, said the storm drain system needs to be dealt with before any phases begin--before any area is concreted over. He thought there were other places the 25 parking spaces could be instead of across from his backyard. He believes there is a problem with the driveway design as it leads everyone through the parking lot. By moving the east/west driveway to the south end of the property, the same thing could be built. He is also concerned with the heavy traffic use of Diane and Clay. MARY FOSTER, 2810 Diane Street, stated her concern about traffic. She is also concerned about the open space area. She wondered if the creek area was going to be opened up more to create a playground. She is concerned about liability. Her yard on the creek side is not fenced and she does not want a fence. CATE HARTZELL, 881 E. Main, noted that living on an arterial, she does not use her front yard area as recreational space because it is a high traffic area. She cautioned the Commission to think about whether they really want to consider the front yard as a human space or play area for kids, but more as a buffer area. She would agree with Fields that there needs to be information provided by the applicant. about soils and water. Staff Comments McLaughlin commented that in this design, the solar issues have been addressed by not allowing development near the north property line of this property so the lots on the adjoining subdivision to the north are protected. The applicant discussed Siskiyou and Clay in his findings but McLaughlin believes Diane Street should be recognized and will be used as a route to the Tolman Creek Shopping area. No traffic counts were provided. He was not aware of the wetlands. Rebuttal DeGroodt said they provided more parking than required by the ordinance so that no additional cars would be generated outside the site. He has not addressed the Diane Street traffic. He thought it would be desirable to provide access through the development from both directions. Jarvis asked about the water table and DeGroodt responded that they will have to engineer the area and will provide drainage. There is a low spot and that will be addressed by developing the property. DeGroodt said he would prefer landscaping the parking area instead of fencing. He does not intend to have street lighting but low landscaping lights. CARR MOVED TO CONTINUE THE MEETING UNTIL 10:30 P.M. IT WAS SECONDED AND APPROVED. Jarvis felt Hartzell was correct in saying the open space on Siskiyou would not be used for a recreational space. Would DeGroodt be willing to develop a portion of the open space in order to have a place for those residents on Siskiyou? The space along the creek will be used by all three phases. McLaughlin suggested the Commission continue the hearing to give the applicant an opportunity to gather evidence regarding the traffic on Diane, proposed traffic generation from the project, open space access, wetlands and subsurface drainage. ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES SEPTEMBER 10,1996 Carr thought the road work (loop) was not well defined. How will it work with the open space? She is concerned with the open space generally, along with pedestrian access to the creek. Can DeGroodt look at the location of the parking in relation to the private property in the real? Howe would like to better understand from the applicant what the alternatives would be If a significant amount of traffic that will go down Clay will also go down Diane. Jarvis explained to DeGroodt that the Commission could not approve his application because of insufficient evidence. DeGroodt asked for a continuance and waived the 120 daytime limit. Howe asked DeGroodt to clarify what will be done about fencing around the parking and the quality of lighting. She,is interested in seeing the connection from the loop out to some portion of the open space be cleared of any obstacles making access for pedestrians so some of the area could be used by the residents of units 1-14. Finkle felt the drainage needs to be further addressed as a major natural feature. Approximately 200 feet up from the floodplain is muddy and marshy. That area needs to be addressed in some way since it is likely to be built upon. Carr moved to continue Planning Action 96-086. Howe seconded the motion it carried unanimously. CARR MOVED TO CONTINUED THE MEETING UNTIL 11:00 P.M. THE MOTION WAS SECONDED AND APPROVED. APPROVAL OF FINDINGS Armitage moved to approve the Findings of the August 13, 1996 meeting as corrected. Howe said the Findings for 96-086 (Murphy) should state that the change of use changes the traffic generation. Carr seconded the motion and it passed. PLANNING ACTION 96-112 REQUEST FOR A SITE REVIEW TO CONSTRUCT A 16,736 SQUARE FOOT COMMERCIAL BUILDING (RETAIL- 12,530 SQ. FT.; OFFICE - 2232 SQ. FT.; WAREHOUSE - 1974 SQ. FT.) LOCATED AT 249 "A" STREET. APPLICANT: PAUL COMSTOCK Site Visits and Ex Parte Contacts Site visits were made by all. Jarvis looked at the corner and the driveway. She would like Staff to talk about is the driveway that comes straight into the property from 'A' Street before the jog. She is confused about Staff's comment about the entrance on curve. STAFF REPORT Molnar reported this is a proposal for a new commercial building off "A" Street located in the Historic District and within the Detailed Site Review zone. Molnar congratulated the design team for their thoroughness and for incorporating design elements that reflect the district's past. The design elements ASHLAND PLANNING COMMISSION 6 REGULAR MEETING MINUTES SEPTEMBER 10.1996 are outlined in the Staff Report. RVTD is interested in using a portion of the covered plaza area as a potential transit center in the future. The Historic Commission recommended approval of the application. They recommended that the west elevation be embellished slightly and the applicant was agreeable to the suggestion. Staff is anticipating the site to the west will develop some time. This will be the only opportunity to use a shared access easement at the second driveway at First if that is an alternative access point. Now would be the time to allow for those future agreements to become formalized. Staff has recommended approval of the application with the attached 11 Conditions. Finkle noted that the existing fire hydrant does not have adequate pressure. McLaughlin said since there are inadequate flows, it is probably in the City's plan for upgrading the line. PUBLIC HEARING DOYLE BRIGHTENBURG, 350 Phelps Street, is the project designer. JOHN FIELDS, 845 Oak Street. Brightenburg said the biggest challenge was to take a major square footage and put it in an area that needed to be respectful of the street and people. The need for the mass was dictated by the hardware store that is competing with Eagle Hardware in Medford. They have tried to create a motif similar to a warehouse plus the railroad depot and the hotel that was next to the depot years ago. Howe asked what they are planning to do with the light standards. Brightenburg said they will spaced 120 feet apart. Howe wondered if the covered walkway area will be used to store ladders, wheelbarrows, and other large implements. Will this use be restricted at all? Brightenburg said the initial design is for "people space'. Fields is fond of seeing utilitarian stuff outdoors. McLaughlin said outside storage would be limited as a Conditional Use. Howe asked about the truck movement behind the building. Fields said large trucks will drive into First Street against one-way traffic and back into the end of the building, unloading from the side by the roll- up door. Molnar said the width of the entry across from Second Street is shown as 35 feet. Staff thought it would be better to keep that pedestrian crossing a little shorter, so the applicants have provided an exhibit with that opening narrowing to 27 feet. Staff would like to make this as a condition. COMMISSIONERS DISCUSSION AND MOTION Carr moved to approve Planning Action 96-112 with the attached 12 Conditions. Armitage seconded the motion and it carried unanimously. ASHLAND PLANNING COMMISSION g REGULAR MEETING MINUTES SEPTEMBER 10,1996 j TYPE III PLANNING ACTION i PLANNING ACTION 96.116 REQUEST FOR MODIFICATION OF CHAPTER 18.106 OF THE ASHLAND MUNICIPAL CODE PERTAINING TO ANNEXATION CRITERIA. SPECIFIC MODIFICATIONS INVOLVE CLARIFICATION FOR DETERMINING "ADEQUATE TRANSPORTATION" AND "AFFORDABLE HOUSING" REQUIREMENTS. APPLICANT: CITY OF ASHLAND This action will be heard at the October 8, 1996. OTHER The Study Session on September 24, 1996 will be a presentation of the North Mountain Neighborhood Plan. ADJOURNMENT The meeting was adjourned at 11:00 p.m. ASHLAND PLANNING COMMISSION 10 REGULAR MEETING MINUTES SEPTEMBER 10.1996 ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES SEPTEMBER 10, 1996 CALL TO ORDER The meeting was called to order by Chairperson Jarvis at 1:35 p.m. Other Commissioners present were Hearn and Gardiner. Staff present were Molnar and Knox. TYPE I PLANNING ACTIONS PLANNING ACTION 96-103 REQUEST FOR AN EXTENSION OF OUTLINE PLAN APPROVAL OF AN 18-UNIT SUBDIVISION .UNDER THE PERFORMANCE STANDARDS OPTION 525 SHERIDAN STREET APPLICANT: SHERUSUL, INC. This action was approved. PLANNING ACTION 96-105 REQUEST FOR A CONDITIONAL USE PERMIT TO CONVERT THE EXISTING STRUCTURE OFF THE ALLEY INTO AN ACCESSORY RESIDENTIAL UNIT (APARTMENT) 308 LIBERTY STREET APPLICANT: EDDIE CROUCH This action was approved. PLANNING ACTION 96-108 REQUEST FOR A CONDITIONAL USE PERMIT TO CONVERT A PORTION OF A GARAGE INTO AN ACCESSORY RESIDENTIAL UNIT (APARTMENT) 701 INDIANA STREET APPLICANT: RON CLOW This action was approved. PLANNING ACTION 96-109 REQUEST FOR A CONDITIONAL USE PERMIT TO CONSTRUCT AN ACCESSORY RESIDENTIAL UNIT 869 GARDEN WAY APPLICANT: FRANK AND PATTY WARE This action was approved. PLANNING ACTION 96-110 REQUEST FOR A REAR YARD VARIANCE TO CONSTRUCT A CARPORT OFF THE ALLEY 499 IOWA STREET APPLICANT: TOM MARVIN/PATTY WOJAR This action was approved. PLANNING ACTION 98-114 REQUEST FOR A SITE REVIEW TO CONVERT AN EXISTING HOUSE INTO OFFICE SPACE FOR FOUR HOME HEALTH CARE NURSES 287 MAPLE STREET APPLICANT: ASHLAND COMMUNITY HOSPITAL This action was approved. ADJOURNMENT The meeting was adjourned at 1:50 p.m. ASHLAND PLANNING COMMISSION 2 HEARINGS BOARD MINUTES SEPTEMBER 1% 19% CITY OF ASHLAND 9{"oF°°% y� Administrationv a Office of the City Administrator MEMORANDUM ••.°.REGO h DATE: October 8, 1996 TO: Honorable Mayor and City Council FROM: Brian L. Almquist, City Administrator S RE: Monthly Report - September 1996 r. The following is a report of my principal activities for the past month and a status report on the various City projects, and Council goals and notes to staff for 1995-96 and 1996-97. I. PRINCIPAL ACTIVITIES: 1. Met with staff regarding implementation of airport water line project. 2. Attended monthly Chamber of Commerce Board of Directors.meeting at Mark Antony hotel. 3. Met with Street Department employees to update them on various city issues and to provide an opportunity for them to ask questions. 4. Welcomed delegates to NWPPA Accounting and Finance conference at Ashland Hills. 5. Met with staff to discuss options for implementing SDC fees. 6. Met with Daryl Boldt, Larry Medinger, Councilor Wheeldon and staff to discuss SDC staff recommendations and options for implementation. 7. Had coffee with Councilor Wheeldon regarding upcoming public forums on Public Works, Community Development and Finance. 8. Participated in conference call regarding the formation of the Oregon Utility Resource Coordination Association. 9. Met with Councilors Laws, Wheeldon and Hagen and staff, regarding presentation of recommendations for creating an Arterial Street Account and revising other LID policies. 10. Participated in dedication of new Water Filtration Plant. 11. Met with representatives of CES Consulting, our wetlands demonstration project consultants, along with DEQ officials and staff to finalize the project implementation schedule. t 12. Attended annual Chamber awards dinner at Ashland Hills. 13. Met with Ryan Langemeyer and a real estate client of his, to discuss a proposal to bring antique rail cars onto his property off Water Street. 14. Met with City Attorney and representatives of Youthworks to work out details of lease for city property at Civic Center. 15. Had coffee with Councilors Laws, Hauck and Reid to discuss various city issues. 16. Met with new Code Compliance officer and Mac to discuss priorities for code compliance. 17. Attended Council study session to discuss resource purchase policy and revision of SDC fees. 18. Took 3 days of vacation to visit family in California. 19. Participated in conference call with OMECA participants regarding budget issues. 20. Facilitated staff meeting regarding revised draft of pesticide policy. 21. Participated in special public hearing on Space Needs. 22. Attended all-day team building session with Dr. Bill Mathis at Box R ranch. 2 23. Met with TID manager Hollie Cannon regarding renewal of contact for 795 acre feet of water which expires in February of 1997. 24. Met with investment banker John Klein to discuss investment options. 25. Attended Guanajuato Sister City committee meeting to discuss reciprocal visits in 1997. 26. Had coffee with Councilors Hagen, Laws and Reid to discuss various city issues. STATUS OF VARIOUS CITY PROJECTS: 1. Cabal Improvement Plan. A study session was held on June 19 to present the preliminary draft of the plan for Council review. We will have to await a Council decision on SDC fee levels before presenting the official draft report-probably in late November. 2. Indiana/Siskiyou Realignment. The preliminary design has been agreed to by the three parties and all have now approved the contract. At a meeting with college and state officials, it was agreed that city electric crews might be used to relocate some of the signals and thereby allow the project to be completed within budget this summer. Plans are now being prepared for bids. 3. WWTP Upgrade/Wetlands Demonstration Project. The contract for the demonstration Wetlands/soil treatment was awarded at the June 3 meeting. DEQ has approved our schedule. We awarded the bid to CES Engineering and they plan on making their first report to the Council on October 15. 3 i 4. Central Ashland Bikeway Project. Adkins Engineering has been awarded the design contract, and we are hoping to go to bid after the first of the year on the °A° Street to Shamrock Lane portion. The Shamrock to Tolman portion is still the number one priority for CMAC funds. 5. LID/Arterial Street Fund. The committee has requested that the draft of the staff findings and recommendations be sent to all interested parties next week. The report was presented for public discussion at a Council study session on September 18. A public hearing is planned for November 5. 6. E. Main Street widening-RR to Walker. Bids were opened which were substantially over the engineers estimate. We have decided to re-bid the project in February 1997. 7. Mountain/E. Main Signalization. We have been awarded a grant from the Gasoline Anti-trust suit proceeds in the amount of $75,000. We are in the process of preparing the signal plan and hope to be ready to begin the project by late Winter/early Spring with most of the work being performed by the Electric Dept. and Street Division crews. 8. Ice Rink Project. The project will begin the day after Labor Day, using city crews to do the asphalt removal, grading and new paving installation. Construction is to be completed by Thanksgiving weekend. 9. Misc. concrete/sidewalk construction. This project includes the first third of sidewalk replacement on Hwy.66 and sidewalk repairs and construction throughout the city, as well as handicap ramps and other facilities. Bids are out and work should begin late in October or early November. III. STATUS OF 1995-96 COUNCIL GOALS: 1. Resolve office building/space needs issue. Council held a special public hearing on September 24, and decided to simultaneously pursue both the upgrade and expansion of City Hall and the East Main addition, while pursuing the Hillah Temple when it becomes available. Staff is to present timetable and financing plan as soon as practicable. 2. Develop and implement a citizen/government communication program which includes citizen input. No change since last month's report. 4 i IV. 1996-97 COUNCIL GOALS: 1. Encourage alternative transportation modes through such means as: a. Encouraging streetscape improvements that enhance walkability and code enforcement to remove barriers (dead trees, tall hedges, etc.) b. Completing negotiations for bicycle access from Jackson Road to Crowson Road along the railroad tracks. c. Exploring development of a transportation coordinator position. We have now selected a Code Enforcement officer who will be responsible for barrier removal on sidewalks, easements, etc. 2.Reexamine growth management policies as they affect density, transportation, and city services. NOTES .TO STAFF 1995-96: 1. Following TPAC adoption of the transportation plan, Staff is to cost out the various 'traffic calming' recommendations and to report to the Council. (The draft TPAC plan is now available and should be going to hearing before the Planning Commission soon). NOTES TO STAFF 1996-97: 1. Planning Department to consider CUP criteria when Railroad District neighborhood plan is reviewed. (Underway) 2. The City Recorder will video tape City Council meetings and make them available to interested members of the public. Video tapes will be available for one year. (Underway) 3. Administration will continue to explore purchase of land for a Transportation Center that ensures the option for a future rail link. (Spoke again with Paul Comstock who owns land East of Oak Street Tank. He is now not interested in an equity trade due to the fact that he has been unable to locate a larger site at an affordable price. I also spoke with Oak Street Tank owner Gene Morris who has an interest in moving his business, but who has also been unable to find suitable land in town) 4. Administration will work with the School District and RVTD to develop a bus route to E. Main and Walker that serves the Pacific NW Museum of Natural History. 5 I (Councilors Laws and Hauck met with RVTD to discuss options. Cost of route is now being evaluated) 5. Police Dept. to consider extending bicycle patrol through the Railroad District. (This new expanded service began on June 1. Compliments have been received from the public about this program) 6. City Administrator to recontact Vogels about viability of purchase. (I gave the Council a memo at the June 18 meeting indicating that the Vogel's are interested, but don't want to be contacted again until after January 1st) 7. Councilor Hauck will study and report back to Council with recommendations for the City's role in economic development. Possibly use SOSC interns to assist. 8. Computer services will evaluate, as part of its on-going assessment, City needs for new technology and present to Council through Administration. Councilor Hauck will continue to review and present broader community needs to Council for consideration. Possibly use SOSC interns to assist. (Dick Wanderscheid has agreed to chair a task force of user representatives to develop an RFP, select a consultant and prepare a strategic 5 year plan for our information network. This will begin in August) Brian L. Almquist City Administrator BA:dg2 6 I �. HAL C IT Y O F A S H L A N D '�' C I T SYAND,OREGON 87510 L telephone(code 503)482-3211 October 8 , 1996 Mayor Cathy Golden Ashland City Council City Hall 20 East Main Street Ashland, Oregon 97520 Honorable Mayor and City Council: Todd Beveridge, Executive Director of GreenThumb Northwest, attended our last Tree Commission meeting and gave a presentation on the GreenThumb project. GreenThumb is an organization which interfaces between the business community and the community as a whole and gives businesses the opportunity to participate in environmentally sound projects which benefit the community. This particular project involves donating live Christmas trees to needy families in the Ashland area. After Christmas, the trees would be planted in appropriate locations within the community since many of the recipient families don't have the space to plant a potentially large tree. Todd asked the Tree Commission if we would participate in the project and find locations where the live trees might be planted. The commission suggested several possibilities, including the Natural History Museum, a Tree Commission project near Clay Street and the new Mountain Street park. The Tree Commission and GreenThumb request Council approval and support for this worthy project. If you have any questions about the project, please contact me at the Parks Department (488-5340) or Todd Beveridge at 488-9221. Respectfully, Donn Todt Tree Commissioner cc: Todd Beveridge, GreenThumb Ashland Tree Commission ASHLAND PARKS AND RECREATION COMMISSION 340 SO. PIONEER STREET ASHLAND,OREGON 97520 PARK COMMISSIONERS: KENNETH J.MICKELSEN F`Asti PATRICIAADAMS =,��G �yjE Director ALLEN A.ALSING BOB BENNETT TERI COPPEDGE TEL.:(541)488-5340 LAURIE MacGRAW G i d, FAX:(541)488.5314 ., REGG MEMORANDUM TO: Honorable Mayor and City Councilors City of Ashland FROM: Kenneth J. Mickelsen, Director DATE: October 11, 1996 SUBJECT: Well request for Oak Knoll Golf Course BACKGROUND INFORMATION: In January of 1994 the lease expired with the private operator of Oak Knoll Golf Course. A decision was made at that time for the course to be managed and operated by the Ashland Parks and Recreation Commission rather than by a private operator. For at least the last forty years there has been a pond that is not located on golf course property but is in close proximity to the course which has functioned as an irrigation holding pond for the course. According to the City's Engineering Department, since the pond's construction over 40 years ago, the City has had an easement for the pond and owns the water rights. The land on which the pond is located is part of the open space for the Oak Knoll Meadows subdivision and is now owned by the subdivision. POND FUNCTION: The water source for the pond is from TID. During the TID season water flows into the pond and it is then used to irrigate the golf course. Because of the volume of water flow during TID's season the water level of the pond can be maintained at near capacity. Once the TID season ends, the golf course continues to irrigate out of the pond until it reaches such a low level that there is no longer sufficient water to pump. At this time, because TID has ceased to flow there is no flow of water to replenish water in the pond. There is a secondary source of water for the pond and that is potable city water. This source of water is used only during spring and fall when TID is not available and there is not sufficient rainfall to maintain the turf on the golf course. When City water is in use, the water level in the pond is only increased to the point where it is possible to use the pump to have the water delivered to the irrigation system. During drought times, the use of domestic city water for irrigating the golf course has been a concern. Home of Famous Lithia Park I , � Page 2 Memorandum to Council 10-11-96 Well Permit for Oak Knoll It is important to point out that the sole purpose of the pond has been for the irrigation of the golf course. It was not designed to function as or be utilized as an aesthetic enhancement since the water level fluctuates seasonally. THE ISSUE: It is extremely important that a good, reliable water source be available for the golf course to protect the multi-million dollar investment the City has in the course. The establishment of a well for the golf course will not only provide a reliable water source when TID is not available but it will also resolve two related topics. First, it will relieve the golf course's dependency on City potable water during drought times, and, secondly, it will help to resolve a major problem for the Oak Knoll Homeowners Association. RELATED CONCERN: The Oak Knoll Meadows subdivision is fairly new, and, prior to the construction of the this subdivision there were no homes around the pond. Prior to the City assuming management of the golf course, the irrigation pond became an issue among the neighbors in the Oak Knoll Meadows subdivision because the property owners in the subdivision were under the impression when they purchased their homes that the pond was an aesthetic enhancement and that it would have water in it year-round. Prior to this issue arising, no one contacted the City to inquire whether the water in the pond fluctuated during different times of the year. The neighbors around the pond and the members of the Oak Knoll Meadows Homeowners Association have been upset about the fact that from October through May that the pond is almost empty. They have approached City staff on numerous occasions about the fact that they would like the City to provide potable water to fill up the pond so it would be the kind of aesthetic enhancement that they were told it would be. City Administration has told them that the City made no commitments to anyone that the pond would have water in it year-round, and, that the pond was strictly an irrigation pond, that the water level has always fluctuated, and that their complaint was with whoever sold them the property. Although the City has no legal obligation to the Oak Knoll Homeowners Association, a well would enable the City to keep sufficient water in the pond to make it more aesthetically pleasing to our neighbors on a year-round basis. THE PROCESS: There is a state regulated process that one must follow in order to obtain permission to drill a well. The City is following that process and the decision on whether or not the City will be granted permission to drill a well will be determined by the State Water Resource Department. For the above stated reasons, both the Parks and Recreation staff and City staff strongly believe that a well will benefit the citizens of Ashland and we strongly recommend that we continue with the state's well permitting process. Applicant's Notice of Proposed Final Order Regarding Application for a Water Use Permit WATER RESOURCES DEPARTMENT This notice is to inform you of the decision made on your application(s)for water use and describe some of your options. Based on the information from your application and comments generated, the Department has issued a Proposed Final Order. Basically, the Proposed Final Order is how the Department understands your request, how it fits into Oregon Water Law and how the decisions were reached. Read both the Proposed Final Order and the Draft Water Use Permit carefully! Items the Department suggests yQu pay special attention to: 1. Review the period water is available very carefully. The season of use you have requested may be more than the months water is available. There may also be a 'rate and duty assigned which is less than you have requested. 2. General conditions you should be aware of- A). Measuring and Reporting may be required. If so, you would have to measure on a monthly basis and report that use annually. Inspect the Draft Permit to see what category your use fits. B) Fish Screens may be required. The out of stream diversions will be required to meet ODFW specifications for adequate protection of aquatic life. The Draft Permit should specify this item, if not contact your local office of the Department of Fish and Wildlife. There are three main reasons he Department is informing you of these conditions: 1. Regulatory actions to shut off junior users or users that do not have a permit for the full season are expensive. Further, if the Department is taking a regulatory action, a senior user has already been negatively impacted. 2. More importantly to you, investments in distribution systems are expensive. If your use will be regulated annually without your gaining beneficial use from the water, it is not likely that certification of the permit to a full water right will occur: 3. If a curtailment plan or an alternative water supply is needed, you should implement one of these options. You may want to identify which option you are going to take. This may prevent conflicts with other users. Commerce Building 158 12th Street NE Salem,OR 97310-0210 (503) 378-3739 FAX (503) 378-8130 Oregon Water Resources Department Water Rights Division I Water Rights Application Number G-13824 i Proposed Final Order Summary of Recommendation: The Department recommends that the attached draft permit be issued with conditions . Additional items needed: Notice to affected landowners must be published before a permit can be issued. ORS 537. 130 (3) requires notice to all landowners affected by the works of the project. ORS 537 .130 (4) allows for the publication of notice if there are more than 25 landowners involved. OAR 690-310-020 (2) allows the applicant to publish this notice themselves . A map describing proposed point of appropriation and the distance from a recognized corner. Application History On September 13, 1994, the City of Ashland submitted an application to the Department for the following water use permit : ■ Amount of Water: 0 . 949 CUBIC FOOT PER SECOND • Use of Water: Supplemental Irrigation and recreational use • Source of Water: A WELL IN TOLMAN CREEK BASIN • Area of Proposed Use : Jackson County within Section 13 , T 39 S, • 1 E, WM. • Description of delivery system: a pipe will deliver water from the well to the pond, from there the existing system will be used for irrigation. On MAY 30, 1996, the Department mailed the applicant notice of its Initial Review, determining that use of 0 . 949 cubic foot per second from a Well for Irrigation of 75 . 89 acres and Recreation use will not likely be available in the amounts requested without injury to prior rights and/or within the capacity of the resource. The applicant did not notify the Department to stop processing the application within 14 days of that date . On June 3 , 1996 the applicant amended the application reducing the request from 0 . 949 cfs to 0 . 167 cfs. On JUNE 18, 1996, the Department gave public notice of the application in its weekly notice. The public notice included a request for comments, and information for interested persons about both obtaining future notices and a copy of the proposed final order. No written comments were received within 30 days . However, the file contains previous comments from Mr. Chris Skrepetos. 1 Application G-13824 In reviewing applications, the Department may consider any relevant sources of information, including the following: - comments by or consultation with another state agency - any applicable basin program - any applicable comprehensive plan or zoning ordinance - the amount of water available - the rate and duty for the proposed use - pending senior applications and existing water rights of record - designations of any critical groundwater areas - the Scenic Waterway requirements of ORS 390 . 835 - applicable statutes, administrative rules, and case law - any general basin-wide standard for flow rate and duty of water allowed - the need for a flow rate and duty higher than the general standard - any comments received Findings of Fact The Rogue Basin Program allows the following uses : Irrigation and recreation Senior water rights exist on A WELL .IN TOLMAN CREEK BASIN or on downstream waters . A WELL IN TOLMAN CREEK BASIN is above a State Scenic Waterway. Water is available for further appropriation (at percent exceedance probability) for the period The period of allowed use is MARCH 1 THROUGH OCTOBER 31 . The Department finds that no more than 0 . 167 CUBIC FEET PER SECOND BEING 0 . 134 CFS FOR SUPPLEMENTAL IRRIGATION AND 0 . 033 cfs for recreation would be necessary for the proposed use. The amount of water requested, is allowable . The Department determined, based upon OAR 690-09, that the proposed groundwater use will, if properly conditioned, adequately protect the surface water from interference . The Groundwater Section finds that there is NOT a preponderance of evidence that the proposed use of groundwater will measurably reduce the surface water flows necessary to maintain the free-flowing character of a scenic waterway in quantities necessary for recreation, fish and wildlife . Conclusions of Law Under the provisions of ORS 537 . 621, the Department must presume that a proposed use will ensure the preservation of the public welfare, safety and health if the proposed use is allowed in the applicable basin program established pursuant to ORS 536 . 300 and 536 . 340 or given a preference under ORS 536 . 310 (12) , if water is available, if the proposed use will 2 Application G-13824 not injure other water rights and if the proposed use complies with rules of the Water Resources Commission. The proposed use requested in this application is allowed in the Rogue Basin Plan. No preference for this use is granted under the provisions of ORS 536 . 310 (12) . Water is available for the proposed use. The proposed use will. not injure other water rights . The proposed use complies with rules of the Water Resources Commission. The proposed use complies with the State Agency Agreement for land use . For these reasons, the required presumption has been established. I under the provisions of ORS 537 . 621, once the presumption has been established, it may be overcome by a preponderance of evidence that either: (a) One or more of the criteria for establishing the presumption are not satisfied; or (b) The proposed use would not ensure the preservation of the public welfare, safety and health as demonstrated in comments, in a protest . . . or in a finding of the department that shows : (A) The specific aspect of the public welfare, safety and health under ORS 537 . 525 that would be impaired or detrimentally affected; and (B) Specifically how the identified aspect of the public welfare, safety and health under ORS 537 . 525 would be impaired or be adversely affected. In this application, all criteria for establishing the presumption have been satisfied, as noted above. The presumption has not been overcome by a preponderance of evidence that the proposed use would impair or be detrimental to the public interest . The Department therefore concludes that water is available in the amount necessary for the proposed use; the proposed use will not result in injury to existing water rights; and the proposed ,use would ensure the preservation of the public welfare, safety and health as described in ORS 537 . 525 , I 3 Application G-13824 Recommendation The Department recommends that the attached draft permit be issued with conditions. DA 4Se tembe 17 1996 Dwigench Watehts Section Manager Protest Rights Under the provisions of ORS 537 . 621 (7) , you have the right to submit a protest against this proposed final order. Your protest must be in writing, and must include the following: • Your name, address, and telephone number; • A description of your interest in the proposed final order, and, if you claim to represent the public interest, a precise statement of the public interest represented; ■ A detailed description of how the action proposed in this proposed final order would impair or be detrimental to your interest; ■ A detailed description of how the proposed final order is in error or deficient, and how to correct the alleged error or deficiency; ■ Any citation of legal authority to support your protest, if known; and ■ If you are not the applicant, the $200 protest fee required by ORS 536. 050 and proof of service of the protest upon the applicant . ■ If you are the applicant, a statement of whether or not you are requesting that a contested case hearing be held. If you do not request a hearing, the Department will presume that you do not wish for a hearing to be held. Your protest must be received in the Water Resources Department no later than November 1, 1996 . After the protest period has ended, the Director will either issue a final order or schedule a contested case hearing. The contested case hearing will be scheduled only if a protest has been submitted and if ■ upon review of the issues the director finds that there are significant disputes related to the proposed use of water, or ■ the applicant requests a contested case hearing within 30 days after the close of the protest period. WHF 4 Application G-13824 DRAFT This is not a permit M DRAFT STATE OF OREGON COUNTY OF JACKSON DRAFT PERMIT TO APPROPRIATE THE PUBLIC WATERS THIS DRAFT PERMIT IS HEREBY ISSUED TO CITY OF ASHLAND 20 E MAIN ST ( 503) 488-5347 ASHLAND, OREGON 97520 The specific limits for the use are listed below along with conditions iof use. APPLICATION FILE NUMBER: G-13824 SOURCE OF WATER: A WELL IN THE TOLMAN CREEK BASIN WITHIN THE ROGUE BASIN PURPOSE OR USE: SUPPLEMENTAL IRRIGATION AND POND. MAINTENANCE MAXIMUM RATE: 0. 167 CUBIC FEET PER SECOND BEING 0 . 134 CFS FOR SUPPLEMENTAL IRRIGATION AND 0 . 033 CFS FOR POND MAINTENANCE PERIOD OF USE: MARCH 1 THROUGH OCTOBER 31 DATE OF PRIORITY: September 13 , 1994 POINT OF DIVERSION LOCATION: 321 feet south of the SW SW and 74 feet east of the SW SW Section 13, T 39 S, R 1 E, W.M. The amount of water used for irrigation under this right, together with the amount secured under any other right existing for the same lands, is limited to a diversion of ONE-EIGHTIETH of one cubic foot per second (or its equivalent) and 2 . 5 acre-feet for each acre irrigated during the irrigation season of each year. THE PLACE OF USE IS LOCATED AS FOLLOWS : NW 1/4 NW 1/4 13 . 8 ACRES SW 1/4 NW 1/4 41 . 6 ACRES SE 1/4 NW 1/4 8 . 9 ACRES NE 1/4 SW 1/4 7 :8 ACRES NW 1/4 SW 1/4 NW 1/4 SW 1/4 3 . 73 ACRES SECTION 13 TOWNSHIP 39 SOUTH, RANGE 1 EAST, W.M. Application G-13824 Water Resources Department PERMIT DRAFT 5 Application G-13824 Measurement, recording and reporting conditions : A. Before water may begin under this permit, the permittee shall install a meter or other suitable measuring device as approved by the director. The permittee shall maintain the meter or measuring device in good working order, shall keep a complete record of the amount of water used each month and shall submit a report which includes the recorded water use measurements to the department annually or more frequently as may be required by the Director. Further, the Director may require the permittee to report general water use information, including place and nature of use of water under the permit . B. The production well and observation wells on the subject property shall be outfitted with the proper pressure gauges and access ports for determination of shut-in pressure, static water levels and pumping levels . Water Resources Department staff, including the watermaster, shall have access for the purpose of inspecting meters, measuring water levels and/or instrumenting water wells with water level recording devices . Interference Condition If substantial interference with a senior water right occurs due to withdrawal of water from any well listed on this permit, then use of water from the well (s) shall be discontinued or reduced and/or the schedule of withdrawal shall be regulated until or unless the Department approves or implements an alternative administrative. action to mitigate the interference. The Department encourages junior and senior appropriators to jointly develop plans to mitigate interference. Seven Year Minimum Measurement Condition To monitor the effect of water use from the well (s) authorized under this permit, the Department requires the water user to make and report semi-annual static water level measurements . The static water level shall be measured in the months of April and October. Reports , shall be submitted to the Department within 30 days of measurement . Measurements must be made according to the following schedule : Before Use of Water Takes Place Once well construction is complete, the Department requires the permittee to submit semi-annual static water level measurements until use of water begins; and Application G-13824 Water Resources Department PERMIT DRAFT G Application G-13824 After Use of water has Begun The user shall submit seven consecutive sets of semi-annual static water level measurements . The first two of these measurements (April and October) will establish the reference levels against which future measurements will be compared. Based on an analysis of the data collected, the Director may require that the user obtain and report additional static water level measurements beyond the seven year minimum reporting period. The additional measurements may be required in a different month. If the measurement requirement is stopped, the Director may restart it at any time . All measurements shall be made by a certified water rights examiner, registered professional geologist, registered professional engineer, licensed well constructor, or pump installer licensed by the Construction Contractors Board and be submitted to the Department on forms provided by the Department . The Department requires the individual performing the measurement to: t (A) Identify each well with its associated measurement; and (B) Measure and report water levels to the nearest tenth of a foot as depth-to-water below ground surface; and (C) Specify the method used to obtain each well measurement; and (D) Certify the accuracy of all measurements and calculations submitted to the Department . The water user shall discontinue use of, or reduce the rate or volume of withdrawal from, the well (s) if annual water level measurements (comparing April to April, or October to October) reveal any of the following events : (A) An average water level decline of three or more feet per year for five consecutive years; or (B) A water level decline of 15 or more feet in fewer than five consecutive years; or (C) A water level decline of 25 or more feet; or (D) - Hydraulic interference leading to a decline of 15 or more feet in any neighboring well with senior priority. The period of non or restricted use shall continue until the annual water level rises above the decline level which triggered the action or until the Department determines, based on the permittee' s and/or the Department' s data and analysis, that no action is necessary because the aquifer in question can sustain the observed declines without adversely impacting the resource or senior water rights . The water user shall in no instance allow excessive decline, as defined in Commission rules, to occur within the aquifer as a result of use under this permit . If more than one Application G-13824 Water Resources Department PERMIT DRAFT 7 Application G-13824 well is involved, the water user may submit an alternative measurement and reporting plan for review and approval by the Department . Well Location Condition If the number, location, or construction of any well deviates from that proposed in the permit application or permit conditions, the conclusions of the review under which this permit was granted may be revised, conditions may be appropriately revised, or this permit may not be valid. STANDARD CONDITIONS The wells shall be constructed in accordance with the General Standards for the Construction and Maintenance of Water Wells in Oregon. The works shall be equipped with a usable access port, and may also include an air line and pressure gauge adequate to determine water level elevation in the well at all times . The use shall conform to such reasonable rotation system as may be ordered by the proper state officer. Prior to receiving a certificate of water right, the permit holder shall submit the results of a pump test meeting the department' s standards, to the Water Resources Department . The Director may require water level or pump test results every ten years thereafter. Failure to comply with any of the provisions of this permit may result in action including, but not limited to, restrictions on the use, civil penalties, or cancellation of the permit . This permit is for the beneficial use of water without waste . The water user is advised that new regulations may require the use of best practical technologies or conservation practices to achieve this end. By law, the land use associated with this water use must be in compliance with statewide land-use goals and any local acknowledged land-use plan. The use of water shall be limited when it interferes with any prior surface or ground water rights . The Director finds that the proposed use (s) of water described by this permit, as conditioned, will not impair or be detrimental to the public interest . Application G-13824 Water Resources Department PERMIT DRAFT 8 Application G-13824 Actual construction of the well shall begin within one year from permit issuance, and shall be completed on or before October 1, 1998 . Complete application of the water to the use shall be made on or before October 1, 1999 . Issued 199 DRAFT - THIS IS NOT A PERMIT Water Resources Department Director Application G-13824 Water Resources Department PERMIT DRAFT Basin Rogue Volume 3 NEIL CREEK & MISC District 14 WHF MGMT.CODE 9. ASHLAND PARKS AND RECREATION COMMISSION 340 SO.PIONEER STREET ASHLAND.OREGON 97520 PARK COMMISSIONERS: •" " KENNETH J.MICKELSEN •••OF �hL•'•. Director PATRICIA ADAMS °.�y `L ' ALLEN A.ALSING - v - BOBBENNETT - TERI COPPEDGE TEL:(503)488-5340 LAURIE MacGRAW - O FAX:(503)488-5314 REGG July 19,. 1995 Dudley Jay 1060 Oak Knoll Drive Ashland, Oregon 97520 Dear Dudley and home owners around pond: The purpose of this letter is to state the position of the Ashland Parks and Recreation Department and the City of Ashland in reference to the pond in the Oak Knoll Meadows subdivision that is used for irrigation of the golf course. The function and purpose of the pond is to provide irrigation water to the Oak Knoll Golf Course. It is our understanding that the pond has always fluctuated through the years and that the water was not maintained at any specific level . During TID irrigation season, there is a certain level of water that is maintained in the pond to provide adequate storage and flow for golf course irrigation needs. During the remaining portion of the year, there is no specific level of water that the City maintains in the pond. Once the flow from TID is shut off for the season, there is no source of water that flows into the pond. Prior to the area being developed with homes around the pond, .there was no concern about water level . Now that development has occurred, surrounding area neighbors have expressed concern about maintaining a specific water level for aesthetic purposes. As stated previously, the purpose for the pond is to provide Irrigation storage capacity for the golf course and was never intended to serve an aesthetic function. In reviewing information pertaining to the development of the Oak Knoll Meadows sub-division, there are no records or references to the City having any obligation to keep the pond at any level . The City was not involved in any type of arrangement with the developer in regards to providing water to the pond so that it would remain full ; nor did any representative of the City make any commitments to the developer or home buyers that the pond would remain full or that the water level would not fluctuate during the year . Letter to Dudley Jay Page 2 07-19-95 Neither the City nor the Parks and Recreation Department assume any responsibility for maintaining the water level in the pond except for maintaining sufficient water needed for irrigation of the golf course. At the present -time, the water level in the pond will continue to fluctuate, especially when TID water is shut off for the season. Neither the City nor the Parks and Recreation Department is aware of what transpired between the developer and home buyers concerning the pond. We would suggest that you contact the developer regarding any understanding you may have had with him concerning the pond. i Both the City and the Parks and Recreation Department have been willing to cooperate with Oak Knoll Meadows home owners in trying to find a solution to your wishes regarding the water level in the pond. We had hoped that our cooperative efforts to provide a well on the golf course would be a solution. Unfortunately, due to the backlog of well requests at the state level , it could take up to 4 or 5 years for the state to review our well permit i application. We remain willing to work with the parties involved to see if your problem with water level fluctuation in the pond can be resolved. Sincerely, rian Almquis ty Administrator enneth J. ck lsen, Director Ashland Pa k nd Recreation Department I J.Mo f f¢tt ISO Hidden Ln - ' -44) X lug y < .;,_::: i i o a.J '�`� '(���„�,�7� ..���• .lea-S� �,,s��4,J �., j �;-� yo�..c dam�-..ov,s . j7• han� �OH. �`� ��� _. PPE VCx, Ashland Fire & Rescue 1� PPO iEC1 PP fExYf 455 SISKIYOU BOULEVARD tGo p` ASHLAND,OREGON 97520 (541) 482-2770 FAX (541) 488-5318 October 7, 1996 Memo To: Mayor Cathy Golden and City Co ncil From: Keith E. Woodley, Fire Chief Subject: Acquisition of 1913 LaFrance Ye Engine The City of Ashland began providing fire & life safety services to our community in 1859, when the Common Council created the Fire Committee under the competent leadership of Fire Brigade Captain Abel D. Helman. At that time, the only method of combatting fires within the city was the bucket brigade. The leather buckets were hung beneath the steps of two saloons in town, The Alhambra (situated where Calle Guanajuato is today) and another nearby saloon along Ashland Creek. The rationale used in the placement of the fire buckets at the saloons was that this was where the necessary manpower could usually be found, and the water of Ashland Creek was nearby. Fortunately, Ashland Fire & Rescue has improved on this early system, as radios and telephone pagers have replaced "hanging out" at the saloons waiting for a fire call. Over the ensuing years, fire hose and hose carts replaced fire buckets as the primary means of fire control. As time elapsed, the firefighters were getting older, the city's hills seemingly much steeper and the weaknesses of a hose cart fire protection delivery system much more apparent. On February 21, 1913, The City of Ashland received delivery of its first motorized fire engine. The new fire engine was a 1913 American LaFrance manufactured in Elmira, New York. It could travel at speeds of 45 mph on level ground, and up to 15 mph when traveling up 20% grades. City hall was constructed in 1913 and the Fire Department hired its first paid firefighter and moved into what is now the utility billing office. At some point during the 19301s, the City sold the fire engine to the City of Talent, where it remained until it was used as a trade-in on a new fire engine. Mr. Duane Smith purchased the LaFrance from the equipment dealer and began an exhaustive restoration project on the vehicle. Later, as Duane Smith was liquidating some assets, the engine was sold at auction to Mr. Glen Hobbs of Medford. Mr. Hobbs is retiring and wishes to sell the engine back to the City of Ashland, its original owner. Mr. Hobbs has indicated that he feels the engine rightly belongs in Ashland, where its public service career began 83 years ago. The sale price for the vehicle is $13 , 000. Memo to Mayor Golden and City Council October 7, 1996 Page Two This issue is being brought before the Council, as it is unusual in the respect that the City does not normally invest in vehicles that no longer have a useful service life, in the standard sense of the term. However, our heritage as a community has always been honored, respected and promoted by city government, and in this case, I believe that is the issue here. The Fire Department is very interested in seeing the vehicle returned to the City to be used at community events, such as the 4th of July, to cause our citizens to reflect on those early years the people of Ashland invested in building our community. We would probably use the engine in place of the 1924 Reo, which is not as mechanically sound as the LaFrance, to carry the "Firehouse Five" in the parade. The Fire Department would house the engine under the vehicle canopy behind Fire Station No. 2, and provide regular maintenance. The issue before the Council is to determine whether or not this project merits the expense of public funds. The option exists of attempting to raise the necessary funds through a donation drive within the community, which carries with it advantages and disadvantages. If purchased with volunteer funds, ownership of the vehicle is often an issue. We routinely receive requests for the use of the 1924 Reo for weddings and other events both in and outside of Ashland. We have always declined with the explanation that the vehicle is under public ownership, and private use would be a violation of city policy. In my opinion, it would be a much better arrangement for us to have the vehicle city-owned and maintained. In speaking for the firefighters in our community, both past and present, we hope that you will find value in this opportunity to restore and maintain a small part of our community's history that has been missing for the past 60 years. Excerpt from April 1, 1913 Ashland City Council Meeting: April 1, 1913 Special report of the Committee on Auto Truck was read recording that the City purchase the American LaFrance Fire Engine, same costing with single 40 gallon chemical Tank F.O.B. Ashland $5,500 or with two 35 gallon chemical tanks $5,800 F.O.B. Ashland with the following guarantee: "We hereby agree that the material and workmanship shall be of the best character obtainable and we will, at our expense, replace such parts as may fail, if such failure be attributable to defective material or inferior workmanship; and we hereby guaranty the said apparatus and equipment to perform efficient duty, accident excepted when properly and fairly handled. Respectfully submitted, AMERICAN LAFRANCE FIRE ENGINE CO. , INC. By A.G. Long, General Agent Said car to also be lighted by electricity without extra charge. Mr. A.G. Long being present made extended remarks explanatory of the manufacture of their car. After discussion said report was referred to adjourned meeting of April 2nd. 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The.annual,business me( will berheldiSunday„November 17th at 7 00 a ms 4rEach city isnentitled n` to cast QC vote`at the business meeting, AIj aty;officials are encouraged to attend `N` '`� I ..+ , ,. 1y i -11 a sw r.if. ,.'YJV . .F , k - JT .✓o P r h w.ni � k- 7I i4 Use this form to indicate`those persons who will represent your aty as,a votmg:delegate;and altemate. delegate The:°voting ,delegate or alternate,>3should pick;)up'`a= voting card at the Conference Regisfrafion Desk on'Morid�ay rooming pnor to the business meefing-FNOTE Delegates may not Vote withou#a voting cartl andrvofing cards will be issueiironlynto a person,indtcated on thi form Voting` i by pr_�pr will not'be errrntte�+ p J + rY . 5 J VOTING DELEGATE,,% -x r w ALTERNATE Name Title Submitted by: (Signature) Name (Pant) Return by October 25 to: Title League of Ore' regon;Cities City PO Box 28 _ Salem,'OR 97,308 Telephone ( ) ORDINANCE NO. AN ORDINANCE ESTABLISHING A PESTICIDE POLICY FOR DEPARTMENTS AND DIVISIONS OF THE CITY OF ASHLAND ANNOTATED TO SHOW DELETIONS AND ADDITIONS TO THE ORDINANCE READ IN FULL AT THE COUNCIL MEETING ON OCTOBER 1, 1996. DELETIONS ARE AND ADDITIONS ARE 0.1 THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The following chapter 9.28 is added to the Ashland Municipal Code: Chapter 9.28 PESTICIDE POLICY Sections: 9.28.010 Policy Adoption. 9.28.020 Purpose. 9.28.030 Use of Pesticides. 9.28.040 Application of Pesticides. 9.28.050 Training and Authorization. 9.28.060 Purchases of Pesticides. 9.28.070 Storage of Pesticides. 9.28.080 Annual Review. 9.28.090 Violation of Policy. 9 28 010 Policy Adoption. The pesticide policy set forth in this chapter is adopted for all departments and divisions of the City of Ashland. This policy does not apply to the and Recreation Commission. The Ashland Parks and Recreation Department has Parks similar policy in place. g 28 020 Purpose. This policy is designed to reduce the risk of illness or injury resulting from city employee and citizen exposure to pesticides used in the course of performing city operations and also from the accidental exposure of employees and other persons to such pesticides. The policy requires city workplace practices designed to reduce or eliminate the use of, eFd exposure to, pesticides. 9.28.030 Use of Pesticides. Use of pesticides, including but not limited to herbicides, insecticides and growth retardants, shall be eliminated by the city except p as provided in this chapter. A. Mechanical and cultural methods shall be utilized whenever practical for control of noxious vegetation and pests. Practicality shall be determined by an Oregon Certified PAGE 1-ORDINANCE (p:ord\herbmide.ord) f Pesticide Applicator and the respective department head or the department head's designee. Worker safety and terrain shall be among the factors considered in this judgement. B. When mechanical and cultural methods are not practical, only the safest, lowest toxicity products available shall be used. No "restricted use" pesticides shall be used. C. Primarily, species which do not require high inputs of herbicide shall be used in landscaping. D. City staff shall monitor noxious vegetation and pest populations and rely on biological control when appropriate and effective. 9.28.040 Application of Pesticides. All pesticides shall be applied by, or under the supervision of, an Oregon Certified Pesticide Applicator. The certified applicator shall be responsible for overseeing and authorizing all pesticide use by city staff. A. If pesticides with active ingredients having a greater acute toxicity than table salt (LD 50 = 2,500) are applied, the area of application shall be posted in advance and for the duration of the re-entry time specked on the pesticide label or MSDS sheet. For those application areas within fifty feet of the property line of a residence, written notice shall be given to such residence by mail or personally delivered. B. Effort shall be made to determine the LD 50 of inert ingredients prior to application of a pesticide. If pesticides with inert ingredients having a greater acute toxicity than table salt (LD 50 = 2,500) are applied, the area of application shall be posted in advance and for the duration of the re-entry time specified on the pesticide label or MSDS sheet. For those application areas within frfty feet of the property line of a residence, written notice shall be given to such residence by mail or personally delivered. C. Consideration shall be given to the possible short and long-term adverse impacts of the application upon humans, animals and plants of the proposed pesticide and of any chemical alternatives. D. Different pesticides shall not be mixed. E: No application shall be made when wind, rain, temperature or other environmental .conditions would likely cause the pesticide to drift off target or onto adjoining property. A wnt en record;sFta� be f<ept of atl pesticde appiicatwns Such records are to Ind'-d" the fA[Ipw,r g inFormauO 7 Name of apFUCat°or and tlate and time of appl,cation Substance usBtlaaid kacatrrtped 3 ifing ratlp 4........ [ mtiur t,usetl PAGE 2-ORDINANCE Ip:ordlherbcide.ord) �� ' �'I`I't�C1��YE / ,/,,,% ,^�118t 'F�,./., 8p%EketlttBd4 ;NhAl,.ii,,, ..� . 9 28 050 Training and Authorization A No city employee shall use or apply any pesticide without prior trainingC ?1 SY zri( �#d„aExGhuatt it i//� /o 1 of // s rnrti as '/ ns�eratic�na TyI ''t actrnlr�tstret � a:�r'•[l4P/Y�/ �e'€o�e res}�rts�i�1:cir the �raat�n and i�"rersfiaing�`tr� ltd B. No city employee shall use or apply any pesticide mechanically or by hand without approval of the employee's department head or the department head's designee and event specific authorization from a certified applicator. 9 28 060 Purchase of Pesticides. Pesticides shall only be purchased by the City Purchasing Agent after consultation with a certified applicator and the approval of the respective department head or the department head's designee. 9 28 070 Storage of Pesticides. All pesticides shall be stored in a safe, secure environment. The purchasing agent, certified applicators and department heads shall have exclusive access to the storage area. 9.28.080 Annual Review. An annual review of policies and procedures regarding the use and application of pesticides shall be conducted at the department head level. Attendance at the review is mandatory for all city personnel who apply pesticides. 9 28 090 Violation of Policy. Violation of any of any portion of this policy shall be . grounds for disciplinary action. The foregoing ordinance was first READ on the 1st day of October , 1996, and duly PASSED and ADOPTED this 15th day of October , 1996. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 1996. Catherine M. Golden, Mayor Approved as to form: Paul Nolte, City Attorney PAGE 3-ORDINANCE (P:ord\herbcide.ord) Memorandum October 10, 1996 Q, Mayor and City Council ram: Jill Turner, Director of Finance 1I�IjPtf: Limited Tax Improvement Bonds Recommendation: Approve the attached resolution authorizing the issuance of Limited Tax Improvement Bonds. Discussion: It is time once again to finance the Local Improvement District Applications. In today's market place there are two options for financing these projects. The first being the traditional bond sale which requires the City to issue an official statement, advertise, obtain a bond rating and other processes. The second method is direct placement of the bonds with a bank based on an RFP and a competitive quote. The second method is simpler and costs less-up front. With the help of Regional Financial Advisors, Inc., the City has prepared the request for proposal which is attached. On Wednesday the low bid of 5.789% by Bank of America was chosen for our financing. The attached resolution authorizes the Director of Finance to complete this transaction. (gAjill\wp\wuncil\bonds) 10/11/96 FRI 11:54 FAX 503 248 9085 PRESTON LAW FIRM (6002 RESOLUTION NO. 96- A RESOLUTION OF THE CITY.COUNCIL OF THE CITY OF ASHLAND AUTHORIZING THE ISSUANCE AND SALE OF A LIMITED TAX 134PROVEMENT BOND. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Findings. 1.1. The City is authorized,pursuant to the Constitution and laws of the State of Oregon, including Oregon Revised Statutes Chapter 288 and Sections 223.205 to 223.295 and the City Charter, to construct publicly owned and operated local improvements which specially benefit properties, to assess the specially benefited properties for the costs of local improvements, and to issue limited tax bonds to finance the costs of those improvements. 1.2. Article )G, Section I lb of the Oregon Constitution states that assessments for local improvements will not be"taxes"which are subject to that section's limitations if the local improvement is a capital construction project undertaken by the City: (a) which provides a special benefit only to specific properties or rectifies a problem caused by specific properties; (b)the costs of which are-assessed against those properties in a single assessment upon the completion of the project; (c) for which the payment of the assessment plus appropriate interest may be spread over a period of at least ten years; and, (d) for which the total of all assessments do not exceed the actual costs incurred by the City in designing, constructing and financing the project. 1.3. The City has completed construction of certain local improvement district projects (which are described below in the definition of"Projects"), and has assessed their costs against benefited properties in compliance with Article XI, Section l lb, The assessments are not "taxes" which are subject to that section's limitations. 1.4. Oregon Revised Statutes Section 223.235(2) limits the principal amount of limited tax bonds to the unpaid balance of all contracts for installment payment of final assessments for the Projects, plus the amount necessary to pay any financing costs. The unpaid balance of contracts for installment payment of final assessments for the Projects, plus financing costs, equal or exceed $605,000. 1.5. The City adopts this resolution to establish the terms under which it will issue its Limited Tax Improvement Bond, Series 1996 pursuant to Oregon Revised Statutes Chapter 288 and Sections 223.205 to 223.295. 1.6. The City's financial advisor has solicited proposals from potential purchasers of the Bond. Page 1 -Resolution 10/11/96 FRI 11:54 FAX 503 248 9085 PRESTON LkW FIRM ig uua 1.7. 'The City's financial advisor has analyzed the proposal of Bank of America National Trust and Savings Association and finds the rates, terms and conditions offered by the proposal to be beneficial to the City. SECTION 2 Definitions. Unless the context clearly requires otherwise, the following terms shall have the following meanings' "Assessment Payments" means all amounts required to be paid to the City under all contracts for installment payment of final assessments for the Projects, and the net proceeds of foreclosing any such assessments. "Available General Funds" means all taxes and other legally available general funds of the City. "Bancroft Bond Debt Service Fund" means a fund or account, which the City accounts for separately, but which may be commingled with other funds or accounts for investment purposes, into which the City shall deposit all Assessment Payments. "Bank" means Bank of America National Trust and Savings Association. "Bond" means the City's Limited Tax Improvement Bond, Series 1996 which is authorized by this Resolution. "City Official" means the City Administrator or Finance Director, or the person designated in writing by the City Administrator to act on behalf of the City pursuant to this Resolution. "Code" means the Internal Revenue Code of 1986, as amended. "Government Obligations" means direct noncallable obligations of the United States, or obligations the principal of and interest on which are fully and unconditionally guaranteed by the United States. "Projects" means the following local improvement projects of the City: Lori Lane Street, Peachey/Paradise Sewer, Tolman Creek Street, Railroad Park, Tolman Creek Signal, Mountain Avenue Sewer, Strawberry Sewer, Railroad Village and Oak Knoll Parking Lot. "Proposal" means the proposal of the Bank to purchase the Bond which is attached to this Resolution as Exhibit B, with such changes as may be approved by the City Official. "Qualified Consultant" means an independent auditor, an independent financial advisor, or similar independent professional consultant of which the City determines has experience and expertise in the area for which the consultant is retained by the City to provide services under this Resolution. Page 2 - Resolution .. J:�a�rossnSHL aTA ESLDoc 110/11/96 FRI 11:55 FAX 503 248 9085 PRESTON LAW FIRM 004 "Resolution" means this Resolution authorizing the Bond. SECTION 3. Authorization of Bond. For the above purposes, the City shall issue its Limited Tax Improvement Bond, Series 1996, in an amount of not to exceed Six Hundred Five Thousand Dollars ($605,000). The Bond shall be sold to the Bank, or one of its affiliates, in accordance with the Proposal. The City Official is hereby authorized to execute any documents, make any agreements, of take any action which the City Official reasonably determines is desirable to issue, sell and deliver the Bond in accordance with this Resolution and the Proposal. SECTION 4. Bond Form, The Bond shall be initially issued in the form of a single, typewritten, installment bond, substantially as shown in Exhibit A, with such changes as the City Official may approve. The Bond shall be executed with the manual signatures of the Mayor and a City Official. SECTION 5, Optional Redemption. The City reserves the right to redeem all or any portion of the Bond as authorized in the Proposal. SECTION 61 Notice of Redemption of Bond. The City shall notify the registered owner of the Bond of any early redemption not less than 30 days prior to the date fixed for redemption. SECTION 7. Payment. The City shall make Bond principal and interest payments directly to the Bank. SECTION 8. Security. 8.1. The Bond shall be payable primarily from the Assessment Payments. The City hereby pledges all Assessment Payments to pay the Bonds. Pursuant to ORS 223.235(5)(c), the lien on the Assessment Payments shall be valid, binding and fully perfected from the date of issuance of the Bonds. The Assessment Payments shall be immediately subject to the lien without the physical delivery thereof, the filing of any notice or any further act. The lien shall be valid, binding and fully perfected against all persons having claims of any kind against the City or the property assessed whether in tort, contract or otherwise, and irrespective of whether such persons have notice of the lien. 8.2. The Bond shall be a limited tax bond of the City, and, to the extent that the Assessment Payments (and any Available General Funds the City may elect to provide) are not sufficient to pay the Bond, the City is authorized to,levy a tax on all taxable property within its boundaries as authorized by ORS 223.235(4), subject to the limitations of Page 3 - Resolution L%MIkI ESs VLANmEs:EY-C Article XI, Section 11 b(l) of the Oregon Constitution. The City hereby covenants with the Bank to levy such a tax annually, during each year that any portion of the Bond is outstanding. 8.3. The City hereby pledges its full faith and credit to pay the Bond. The Bond is a limited tax improvement bond of the City, and the City shall pay the Bond from Available General funds to the extent that Assessment Payments and any taxes described in Section 8.2 are not sufficient to pay the Bonds. 8.4. The City shall deposit all Assessment Payments into the Bancroft Bond Fund. So long as the Bond is outstanding, the City shall use amounts deposited in the Bancroft Bond Fund only to pay Bond principal, interest and any redemption premium. SECTION 9. Maintenance of Tax-Exempt Status, 9.1. The City covenants for the benefit of the owners of tfie Bond to comply with all provisions of the Code which are required for Bond interest to be excluded from gross income for purposes of federal income taxation under Section 103(a) of the Code. In determining whether how an action or omission affects the exclusion of Bond interest from gross income, the City may rely on an opinion of nationally recognized bond counsel.. The City makes the following specific covenants with respect to the Code: 9.1,1. The City shall not take any action or omit any action, if it would cause the Bond to become an "arbitrage bond" under Section 148 of the Code and shall pay any rebates to the United States which are required by Section 148(f) of the Code. 9.1.2. The City shall operate the facilities financed with the Bond so that the Bond is not a "private activity bond" within the meaning of Section 141 of the Code. 9.2. The covenants contained in this section and any covenants in the closing documents for the Bond shall constitute contracts with the owners of the Bond, and shall be enforceable by them. SECTION 10 Designation of Bond as a Qualified Tax-Exempt Obligation. The City designates the Bond as a qualified tax-exempt obligation pursuant to Section 265(b)(3) of the Code. The City covenants not to so designate tax-exempt obligations in the current calendar year in an aggregate amount of more than $10,000,000. The City (and all subordinate entities thereof, if any) does not reasonably expect to issue more than $10,000,000 of tax-exempt obligations during the current calendar year. Page 4 - Resolution wcciTie. x�waaes .uoc 10/11/96 FRI 11:56 FAX 503 248 9085 PRESTON LAW FIWI 0006 SECTION 11. Rebate. The City (and all subordinate entities thereof, if any) do not reasonably expect to issue tax-exempt obligations in calendar year 1996 which have an aggregate face amount of more than $5,000,000. Accordingly, the Bond will be exempt from the rebate requirement of Section 148(f) of the Code. SECTION 12. Defeasance. The City may defease all or any portion of the principal installments of the Bond by setting aside, with a duly appointed escrow agent, in a special escrow account irrevocably pledged to the payment of the principal installments to be defeased, cash or Government Obligations in an amount which, in the opinion of a Qualified Consultant satisfactory to the escrow agent, without reinvestment, is at least equal to the principal installments of the Bond to be defeased, plus interest which will accrue thereon until maturity or any earlier date for which the issuer has given irrevocable instructions for redemption. Such principal installments shall be paid hereunder, and shall cease to be entitled to any lien, benefit or security under this Bond Resolution except the right to receive payment from such special escrow account; such principal installments of the Bond shall not for any purpose of this Bond Resolution be deemed outstanding. SECTION 13. SEC Compliance. The City Official is hereby authorized to take any action and enter into any agreements or undertakings which may be required to comply with Securities and Exchange Commission Rule 15c2-12. SECTION 14. Contract with Bondowners. The covenants, representations, and warranties contained in this Resolution and the Bond and any covenants, representations and warranties in the closing documents relating to the Bond shall constitute contracts with the Bondowner, and shall be enforceable by them. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this_day of October, 1996, City Recorder SIGNED AND APPROVED this_day of October, 1996. Mayor Reviewed as to form: Page 5 - Resolution vwacm¢s sxuw uFSi.00 10/11/96 FRI 11:56 FAX 500 248 9085 PRESTON LAW FIRS[ 0007 City Attorney Page 6 - Resolution i.w &a CMES LANDkMSI.00c 110/11/96 FRI 11:56 FAX 503 248 9085 PRESTON LAN` FIRM 0008 Exhibit A Form of Bond No. R- $ United States of America City.of Ashland, Oregon Limited Tax Improvement Bond Series 1996 City of Ashland, Oregon(the "City"), for value received, acknowledges itself indebted and hereby promises to pay to the aggregate principal amount of $605,000, in the following installments, together with interest on those installments at the rates indicated below. Principal Installment Principal Payment Date Interest Rate [to be added] Interest is payable semiannually on and , commencing 199_,,, and shall be computed on the basis of a 360-day year of twelve 30-day months. This bond is issued in the aggregate principal amount of$605,000 and is designated as the City's Limited Tax Improvement Bond, Series 1996 (the "Bond"). The Bond is issued to finance local improvement projects in the City of Ashland. This Bond is issued under and pursuant to a Resolution of the City adopted on<<Resolution Date>> (the "Resolution"), and in full and strict accordance and compliance with all of the provisions of the Constitution and Statutes of the State of Oregon and the Charter of the City. This Bond is a valid and legally binding obligation of the City. This Bond is payable primarily from the Assessment Payments, as defined in the Resolution. The full faith and credit of City are also pledged to pay the principal and interest on this Bond when due. In addition, the City has covenanted to levy annually, as provided by law, a direct ad valorem tax upon all of the taxable property within the City, subject to the limitations of Article.XI, Section I lb of the Oregon Constitution, to pay this Bond promptly as it matures, and the City has covenanted with the Owner of the Bond to levy such a tax annually during each year that any portion of the Bond is outstanding. The City reserves the right to redeem all or any portion of the principal installments of this Bond which mature after May 1, 2002, on May 1, 2002, and on any date thereafter, at par plus accrued interest to the date fixed for redemption, upon notice given to the Bondowner not less than thirty days prior to the redemption date. Principal installments of this Bond maturing on May 1, 2006, may be redeemed by the City on May 1, 1997, and on any interest payment date thereafter. Page I -Exhibit A (Form of Bond) 10/11/96 FRI 11:57 FAX 503 248 9085 YR1 S'IUIN LA" PIKM LpjUVV Any transfer of this Bond must be registered with the City. This Bond maybe registered only by surrendering it, together with a written instalment of transfer which is ,. satisfactory to the City and which is executed by the registered owner or his duly authorized ` attorney. Upon registration, a new registered Bond shall be issued to the transferee. The City may treat the person in whose name this Bond is registered on the bond register as its absolute owner for all purposes, as provided in the Resolution. IT IS HEREBY CERTIFIED, RECITED, AND DECLARED that all conditions, acts, and things required to exist, to happen, and to be performed precedent to and in the issuance of this bond have existed, have happened, and have been performed in due time, form, and manner as required by the Constitution and Statutes of the State of Oregon; that the issue of which this bond is a part, and all other obligations of the City, are within every debt limitation and other limit prescribed by such Constitution and Statutes. IN WITNESS WHEREOF, the City Council of City of Ashland, Oregon, has caused this bond to be signed by signature of its Mayor and attested by signature of its City Official, as of the_day of 1996. City of Ashland, Oregon Mayor City Official Page 2 -Exhibit A(Form of Bond) 10/11/96 FRI 11:57 FAX 503 248 9085 PRESTON LAW FIRM Q010 Assignment FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto Please insert social security or other identifying number of assignee this bond and does hereby irrevocably constitute and appoint as attorney to transfer this bond on the books kept for registration thereof with the full power of substitution in the premises. Dated: NOTICE: The signature to this assignment must correspond with the name of the registered owner as it appears upon the face of this bond in every particular, without alteration or enlargement or any change whatever, Signature Guaranteed (Bank, Trust Company or Brokerage Firm) Authorized Officer The following abbreviations, when used in the inscription on the face of this bond, shall be construed as though they were written out in full according to applicable laws or regulations. TEN COM-- tenants in common TEN ENT -- as tenants by the entireties JT TEN -- as joint tenants with right of survivorship and not as tenants in common OREGON CUSTODIANS use the following CUST UL OREG MIN as custodian for (name of minor) OR UNIF TRANS MIN ACT under the Oregon Uniform Transfer to Minors Act Additional abbreviations may also be used though not in the list above. Page 3 -Exhibit A(Form of Bond) 10/11/96 FRI 11:57 FAX 503 248 9085 PRESTON LAW FIRM 4J 011 Exhibit B Proposal (attach proposal after this page) Page I -Exhibit B (Proposal) 10/09/9b 10:44 U503 275 1377 r11VANUTAL uvar WJUU1 Bank of America October 9, 1996 Public Finance 8832 Jill Turner Director of Finance City of Ashland 20 East Main Ashland, OR 97520 Dear Ms. Turner: Re: Limited Tax Assessment Bonds, Series 1996 RFP Response Bank of America, National Trust And Savings Association is pleased to respond to the City of Ashland's Request for Proposal received October 2, 1995. The RFP response is for the City's $605,000 limited tax assessment bonds to be issued for financing the costs of local improvement projects that have been assessed against the benefited properties in the City and to pay for issuance costs of the bond. Borrower: City of Ashland, Oregon, an Oregon municipal corporation. Instrument: Bond Purchase Agreement. The Bank will hold the Bond on its own books and does not require registration. Amount: $605,000 or as agreed by the parties. Purpose: To provide term financing for public improvements in nine City created local improvement districts. Interest Rate and Maturity: May 1 of the following years in the following principal amounts: Maturity Date Principal Amount Interest Rate May 1, 1997 $50,000 4.51% May 1, 1998 80,000 4.71% May 1, 1999 80,000 4.91% May 1, 2000 80,000 5.11% May 1, 2001 75,000 5.31% May 1, 2002 75,000 5.41% May 1, 2003 55,000 5.51% Bank of America Oregon Bank of America Financial Center 121 SW Morrison Street Suite 1700 Portland, OR 97204 Phone 5031275-1026 Fax 503/275-1391 10/09/96 10:44 $503 275 1377 FINANCIAL INST @002 City of Ashland Limited Tax Assessment Bonds RFP Response October 9, 1996 Page 2 May 1, 2004 35,000 5.61% May 1, 2005 15,000 5.71% May 1, 2006 60,000 5.829e' The Bonds are to be certified as a bank-qualified, tax-exempt obligation. Interest is to be computed on a 30/360-day basis. Interest Payable: Semiannually on May 1 and November 1 of each year, commencing May 1, 1997, until final maturity. Security: Full faith and credit of the City subject to the limits of Article XI, Section llb of the Oregon Constitution; also secured by a pledge of revenues from foreclosable liens upon the benefited properties. Disclosure: No public disclosure document required. Customary Bank underwriting requirements will apply. Registrar / Paying Agent: Not required. Loan Fee: $1,210.00 (0.20%). Legal Fees: All legal counsel fees shall be for the account of the City. We are prepared to accept documentation and opinion of the law Firm of Preston Gates & Ellis, LLP, but reserve the right for the Bank's counsel to review and approve documents. The Bank anticipates that fees for the review and approval of documents by the Bank's counsel will be paid in full from the loan fee. Prepayment: Not permitted before May 1, 2002; permitted at any time thereafter, with no penalty, with the exception of the Bonds maturing May 1, 2006 which may be prepaid on any interest payment date, beginning May 1, 1997, at par plus accrued interest. Reporting Requirements: The City will furnish its annual audited financial statements within 180 days of fiscal year end and annual budgets within 30 days of adoption. Other Covenants: 0 The City will not permit the aggregate amount of bonded iv oa a.. iv.Ya uovo 4,o Loll P1 1101..l i .oa City of Ashland Limited Ta Assessment Bond RFP Response October 9, 1996 Page 3 debt to exceed 3.00% of the real market value of the City. o The City will levy an annual, direct ad valorem tax upon all taxable property within the City in the amount sufficient, with all other available funds, to pay all principal of and interest on the Bonds which is due and payable in that year, provided that the amount of such tax will not exceed the amount permitted under section l lb(1), Article XI of the Oregon Constitution. O The City will place all installment assessment payments, delinquent payments and foreclosure proceeds in the City's Bancroft Bond Fund and will be applied to the payment of principal and interest on the Bonds. This letter is not a commitment to lend or otherwise to advance funds. Such commitment can only be given pursuant to our complete due diligence and receipt of complete documentation satisfactory in form and content to the Bank. Cost of documentation shall be for the account of the City. Documentation will require an opinion of bond counsel to the City as to the legality, validity, and binding effect of the Bond, as well as to its status as a bank-qualified, tax-exempt obligation. The terms proposed herein lapse at 5:00 p.m. on Monday, October 21, 1996, unless extended by mutual agreement. Please contact Wayne at (503.)275-1026 or me at (503) 275-1033 if you have any questions or would like the Bank to proceed with the financing on the terms outlined above. Under Oregon law, most agreements, promises and commitments made by us after October 3, 1989, concerning loans and other credit extensions which are not for personal, family or household purposes or secured solely by the borrower's residence must be in writing, express consideration and be signed by us to be enforceable. Sincerely, / c//c=� /i RONALD D. HOWELL WAYNE E. OLSON Assistant Vice President Vice President/Manager Regional Financial Advisors, Inc. lieu-Oanh Nguyen,Vice President 733 SW Vista Ave,Portland,OR 97205-1203 (503)227.2009 FAX(503)227-2510 October 2, 1996 CITY OF ASHLAND, OREGON REQUEST FOR PROPOSAL for FINANCING PROPOSALS for the direct placement of approximately $605,000'` LIMITED TAX ASSESSMENT BONDS SERIES 1996 The City of Ashland wishes to finance the costs of local improvement projects that have been assessed against the benefited properties in the City and to pay for costs of issuance. The Bonds are secured by the full faith and credit of the City and by a limited taxing power (see "security" for more information). The Bonds will not be rated. The City's general obligation bonds have been rated A by Moody's Investors Service. The Bonds are bank-qualified. ' Preliminary, subject to change CityofAshland RFP Page 2 The City is soliciting competitive proposals from commercial banking firms for a direct placement of the Bonds. These proposals are due on Wednesday, October 9, 1996 by 12:00 Noon Pacific Time, whereupon they will be evaluated for the most favorable terms by the City. The City will select the most favorable proposal by Thursday, October 10, 1996. Proposals will be reviewed with the proposer regarding its terms and conditions which may be subject to further negotiation or clarification by the proposer or the City. The City may reject all bids, and reserves the right to waive any irregularities. Since this will be a direct placement, the City is not expecting to produce an Official Statement but will provide a copy if its 1994-95 audit upon request. A copy of the General Fund and the Bancroft Bond Fund's schedules of Revenues, Expenditures and Changes in Fund Balance for the year ending June 30, 1995 is attached for your reference. The 1995-96 audit will not be available until November or December, 1996. The legal opinion for the Bonds will be provided by Preston Gates & Ellis. INFORMATION ON THE BONDS Authorization and Purpose The Limited Tax Assessment Bonds are issued under the authority of ORS 223.235 and 288.155. Security The Bonds are limited tax bonds of the City. The City has assessed benefited properties for the costs of local improvements and has received applications to pay assessments in installments. The Bonds will be issued in an amount not greater than the unpaid balance of all such final assessment, plus the amounts necessary to pay financing cots associated with the Bonds. All installment assessment payments, delinquent payments and foreclosure proceeds will be placed in the Bancroft Bond Fund and applied to the payment of principal and interest on the Bonds. In addition, the full faith and credit of the City are pledged to the owner of the Bonds for the punctual payment of such obligations, when due. The City has covenanted to levy an annual, direct ad valorem tax upon all of the taxable property within the City in the amount sufficient, with other available funds, to pay all principal of and interest on the Bonds which is due and payable in that year, provided that the amount of such tax will not exceed the amount permitted under section 11b(1), Article XI of the Oregon Constitution. The Bonds are also secured by foreclosable liens upon the benefited properties. Regional Financial Advisors, Inc. 10/2/96 i aya. City of Ashland RFP Tax Exemption of interest and Bank Qualification The use of the bond proceeds are for general governmental purposes, and therefore will be tax-exempt. Since the City does not plan to issue more than $10 million in tax- exempt borrowings 1996, the Bonds will be bank qualified. Bond Counsel for the City is Preston Gates & Ellis. Maturity Schedule The Bonds are dated November 1, 1996, and accrue interest from that date until maturity or earlier redemption payable semiannually on each May 1 and November 1, commencing May 1, 1997. Principal payments are due May 1 beginning May 1, 1997 based on the following schedule: Due Due May 1 Principal Amount May 1 Principal Amount 1997 $50,000 2002 $75,000 1998 80,000 2003 55,000 1999 80,000 2004 35,000 2000 80,000 2005 15,000 2001 75,000 2006 60,000 Redemption Provisions Optional Redemption. The City reserves the right to redeem all or any portion of the Bonds maturing after November 1, 2002 by lot on November 1, 2002, and on any date thereafter, at par plus accrued interest to the date fixed for redemption. Extraordinary Redemption. The City may redeem Bonds maturing on May 1, 2005 on any interest payment date, beginning with May 1, 1997, at par plus accrued interest to the date fixed for redemption, from assessment prepayments, amounts received from the foreclosure of assessment liens, surplus proceeds, taxes levied to pay Bonds, or other amounts deposited in the debt service fund for the Bonds. Closing The City wishes to close the Bonds before November 4, 1996. Regional Financial Advisors, Inc. 10296 City of Ashland RFP Page 4 Description of the Projects The Bonds are being issued for certain improvement projects constructed within the City limits. The Bonds are backed by signed assessment contracts from nine local improvement districts. Property owners assessed the cost of local improvements have the option of signing contracts for payment of the assessment. The following table provides a summary of the projects: District Project Description Lori Lane Street Curbs, gutters, storm drain, sidewalks, paving. Peachey/Paradise Sewer Sanitary sewer line. Tolman Creek St. Curbs, gutters, storm drain, sidewalks, paving Railroad Park Park land. Tolman Creek Signal Traffic signal_ Mountain Avenue Sewer Sanitary sewer line. Strawberry sewer Sanitary sewer line. Railroad Village Curbs, gutters, storm drain, streetlights, paving. Oak Knoll Parking Lot. Parking lot improvements. There is a total of 45 benefited properties being financed. Of these, 37 contracts totaling $338,187 are for private properties, 6 contracts totaling $237,699 are for city- owned properties and 2 contracts totaling $19,010 are for non-profit properties owned by Goodwill and YMCA. The city-owned and non-profit properties are not assessed so there is no assessed valuation information available. The following table lists the value to loan ratios of the 37 private property assessments: Ratios Number of Total Outstanding Total 1996-97 Value to Loan Properties Contract Balance Assessed Value 15 and above 24 $135,680 $9,464,460 15-10 2 15,589 187,360 10-8 0 0 0 8-6 2 18,555 114,360 . 6-5 1 43,294 234,120 5-4 1 16.510 75,900 4-3 6 45,619 154,690 3-2 1 62,940 133,630 2-1 0 0 0 under 1 0 0 0 Total 37 $338,187 $10,364,520 Regional Financial Advisors, Inc. 10/2/96 City of Ashland RFP Page 5 PROPOSAL CONTENT Please provide the following information regarding the Bonds. It is understood that additional information may be required by the bank and therefore final interest rates will be negotiated once the bank has received all necessary documentation. Therefore, this proposal is expected to provide preliminary fee and rate indications, subject to satisfactory review of all financial data after the bank is selected (similar to a negotiated sale of bonds). This will enable the City to select the bank with which to work and can then provide more extensive information and refine the actual maturity schedule and redemption provisions. Proposals should include BRIEFLY the following information. A proposal may contain more than one approach to the financing, but each option must address all items below. 1. Indicate the annual interest rates which would be charged for each of the maturity, based upon a 301360 day basis. If term bonds are desired, please indicate which years would be termed. 2. Indicate the maximum due for any fees and charges of your firm, including loan fee, set-up fees and charges, origination fees, legal fees, etc. 3. Indicate if the City or the City's legal counsel will need to prepare any legal documents other than the legal opinion. 4. Describe the credit approval process and document requirements from the City. 5. Describe all substantive covenants, security requirements, or other terms and conditions not covered above, such as an escrow agent, paying agent, etc. 6. What are your reporting requirements during the term of the bonds? 7. Indicate any other information which you deem pertinent. Regional Financial Advisors, Inc. 10!2/36 City of Ashland RFP Page 6 PROPOSAL SUBMITTAL ' One copy of the proposal shall be submitted to Kieu-Oanh Nguyen, Regional Financial Advisors, Inc_, 733 SW Vista Avenue, Portland, OR, 97205-1203; phone 503-227-2009; FAX 503-227-2510. One copy of the proposal shall be submitted to Jill Turner, Finance Director, City of Ashland, 20 E. Main St., Ashland, OR 97520, phone 541-482-3211; FAX 541-488- 5311. The proposals shall be received not later than 12:00 Noon Pacific Time on Wednesday, October 9, 1996 at RFA. Proposals may be submitted by fax. Proposals received by the deadline at RFA will qualify even if the City's copies arrive late. Hard copies will not be required. The City reserves the right to reject any or all proposals. Regional Financial Advisors, Inc. 1012196 I . Bancroft Bond Fund Schedule of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual for the year ended June 30, 1995 t i 1 Actual Variance. G�p Budget Favorable Basis Adius� tments Bash Budget (UnfaYatable) Revenues; $ 189,435 5 089,43S) ` Special assessments o 17 SS 15,000 $ 2.273 Interest on investments --�73 2 206,708 (189.435) 17,273 15,000 2,273 Total revenues Other financing sources: 0 189435 189.435 220,000 (30.565) Principal payments received tt Total revenues and other financing 206,7Q8 0 20670.8 235.000 (28.292) sources Expenditures; Debt service: 173 000 0 173,000 242,000 59,000 Principal 58.453 0 58.453 122.000_ 63.547 Interest Total expenditures 231.453 0 231.453 364000 732.547 Deficiency or revenues and other p (2a,7a5) (t 29,000) 104,255 financing sources over expenditures (24.745) Fund balance,July 1,1994 457.991_ 0 457." 456 000 1,991 433 48 b 0 a33 55 S 106 248 Fund balance,June 30,1995 �.�— I � 45 City of Ashland, Oregon TOTAL P.11 r General Fund Schedule of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual for the year ended June 30, 1995 s. x: I Actual Variance- GAAP Budget Favorable Basis Adiustments Basis Budget (unfavorable) �.; Revenues: Taxes $ 4,738.406 S 0 $ 4,738,405 S 4,431,600 $ 306,806 F; Fees,Licenses and permits 314,867 0 314,867 294,500 20,367 ji Intergovernmental 404,536 0 404,536 405,000 (464) Charges for services 271,765 0 271,765 234,600 37,165 Fines and forfeitures 164.296 0 164,296 203,900 (39,604) a' Interest on investments 35,100 0 35,100 15,000 20,100 Miscellaneous 104.602 0 104.602 57 900 46,702 Total revenues - 6,033,572 0 6,033,572 5,642,500 391,072 Other financing sources: Transfer from Insurance Services Fund 0 0 0 30.000 f30 0001 Total revenues and other financing sources 6.033.572 0 6.033 572 5.672500 367,072 Expenditures: Human Resources 74,410 0 74,410 76,000 1,590 Economic Development 223,500 0 223,500 223,500 Interdepartmental: Debt service 96,603 0 96,603 98,000 1,397 Operating contingency 106,100 106.100 Miscellaneous 113,405 0 113,405 119,400 5,995 Police 2,127,087 0 2,127,087 2,148,000 20,913 Municipal Court 153,430 0 153.430 174,000 20,570 Communications _ 363.479 0 363,479 435,000 71,521 Fire 1,784,788 0 1,784,788 1,861,000 76,212 Senior programs 120,747 0 120,747 137,000 16,253 Planning Division 407,946 0 407,946 408,000 S4 Building Division 269.060 0 269.060 290.000 20.940 Total expenditures 5,734.455 0 5,734.455 6,076,000 341.545 Other financing uses: Transfer to Parks and Recreation Fund 63.000 0 63.000 63.000 0 Total expenditures and other financing uses 5,797,455 0 5.797.455 6.139 000 341.545 Excess(deficiency)of revenues and other financing sources over expenditures and other financing uses 236,117 0 236,117 (466,500) 702,617 1 Fund balance,Jury 1.1994 743.450 0 743.450 616.500 126.950 Fund balance,June 30,1995 S 979.567 E 0 b 979.567 5 150.000 5 829.567 I r j I City of Ashland, Oregon 35 Aemorandum w. E00�,.�: October 10, 1996 �D. Mayor and City Council ram: Jill Turner, Director of Finance Anhiprf: Limited Tax Improvement Bonds / Recommendation: Approve the attached resolution authorizing the issuance of Limited Tax Improvement Bonds. Discussion: It is time once again to finance the Local Improvement District Applications. In today's market place there are two options for financing these projects. The first being the traditional bond sale which requires the City to issue an official statement, advertise, obtain a bond rating and other processes. The second method is direct placement of the bonds with a bank based on an RFP and a competitive quote. The second method is simpler and costs less up front. With the help of Regional Financial Advisors, Inc., the City has prepared the request for proposal which is attached. On Wednesday the low bid of 5.789% by Bank of America was chosen for our financing. The attached resolution authorizes the Director of Finance to complete this transaction. (gAjdl\wp\wunod\bonds) 10/11/98 FRI 11:54 FAX 503 248 9085 PRESTON LAW FIRM Q002 RESOLUTION NO. 96- A RESOLUTION OF THE CITY.COUNCIL OF THE CITY OF ASHLAND AUTHORIZING THE ISSUANCE AND SALE OF A LIMITED TAX RAPROVEMENT BOND. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Findings. 1.1. The City is authorized.pursuant to the Constitution and laws of the State of Oregon, including Oregon Revised Statutes Chapter 288 and Sections 223.205 to 223.295 and the City Charter, to construct publicly owned and operated local improvements which specially benefit properties, to assess the specially benefited properties for the costs of local improvements, and to issue limited tax bonds to finance the costs of those improvements. 1.2. Article XI, Section l lb of the Oregon Constitution states that assessments for local improvements will not be"taxes"which are subject to that section's limitations if the local improvement is a capital construction project undertaken by the City: (a) which provides a special benefit only to specific properties or rectifies a problem caused by specific properties;(b) the costs of which are assessed against those properties in a single assessment upon the completion of the project; (c) for which the payment of the assessment plus appropriate interest may be spread over a period of at least ten years; and, (d) for which the total of all assessments do not exceed the actual costs incurred by the City in designing, constructing and financing the project. 1.3. The City has completed construction of certain local improvement district projects (which are described below in the definition of"Projects"), and has assessed their costs against benefited properties in compliance with Article XI, Section l lb. The assessments are not "taxes" which are subject to that section's limitations. 1.4. Oregon Revised Statutes Section 223.235(2)limits the principal amount of limited tax bonds to the unpaid balance of all contracts for installment payment of final assessments for the Projects, plus the amount necessary to pay any financing costs. The unpaid balance of contracts for installment payment of final assessments for the Projects, plus financing costs, equal or exceed $605,000. 1.5. The City adopts this resolution to establish the terms under which it will issue its Limited Tax Improvement Bond, Series 1996 pursuant to Oregon Revised Statutes Chapter 288 and Sections 223.205 to 223.295. 1.6. The City's financial advisor has solicited proposals from potential purchasers of the Bond. Page 1 -Resolution iwwac�susx axaaesi.uoc 10/11/98 FRI 11:54 FAX 503 248 9085 PRESTON LAW FIRM la 003 1.7. 'The City's financial advisor has analyzed the proposal of Bank of America National Trust and Savings Association and finds the rates, terms and conditions offered by the proposal to be beneficial to the City. SECTION 2. Definitions. Unless the context clearly requires otherwise, the following terms shall have the following meanings' "Assessment Payments" means all amounts required to be paid to the City under all contracts for installment payment of final assessments for the Projects, and the net proceeds of foreclosing any such assessments. "Available General Funds" means all taxes and other legally available general funds of the City. "Bancroft Bond Debt Service Fund" means a fund or account, which the City accounts for separately, but which may be commingled with other funds or accounts for investment purposes, into which the City shall deposit all Assessment Payments. "Bank" means Bank of America National Trust and Savings Association, "Bond" means the City's Limited Tax Improvement Bond, Series 1996 which is authorized by this Resolution. "City Official" means the City Administrator or Finance Director, or the person designated in writing by the City Administrator to act on behalf of the City pursuant to this Resolution. "Code" means the Internal Revenue Code of 1986, as amended. "Government Obligations" means direct noncallable obligations of the United States, or obligations the principal of and interest on which are fully and unconditionally guaranteed by the United States. "Projects" means the following local improvement projects of the City:.Lori Lane Street, Peachey/Paradise Sewer, Tolman Creek Street, Railroad Park, Tolman Creek Signal, Mountain Avenue Sewer, Strawberry Sewer, Railroad Village and Oak Knoll Parking Lot. "Proposal" means the proposal of the Bank to purchase the Bond which is attached to this Resolution as Exhibit B, with such changes as may be approved by the City Official. "Qualified Consultant" means an independent auditor, an independent financial advisor, or similar independent professional consultant of which the City determines has experience and expertise in the area for which the consultant is retained by the City to provide services under this Resolution. Page 2 - Resolution �m �. 10/11/98 FRI 11:55 FAX 509 248 9085 PRESTON LAW FIRM Z004 "Resolution" means this Resolution authorizing the Bond. SECTION 3. Authorization of Bond. For the above purposes, the City shall issue its Limited Tax Improvement Bond, Series 1996, in an amount of not to exceed Six Hundred Five Thousand Dollars ($605,000). The Bond shall be sold to the Bank, or one of its affiliates, in accordance with the Proposal. The City Official is hereby authorized to execute any documents, make any agreements, of take any action which the City Official reasonably determines is desirable to issue, sell and deliver the Bond in accordance with this Resolution and the Proposal. SECTION 4. Bond Form, The Bond shall be initially issued in the form of a single, typewritten, installment bond, substantially as shown in Exhibit A, with such changes as the City Official may approve. The Bond shall be executed with the manual signatures of the Mayor and a City Official. SECTION 5. Optional Redemption. The City reserves the right to redeem all or any portion of the Bond as authorized in the Proposal, SECTION 6. Notice of Redemption of Bond. The City shall notify the registered owner of the Bond of any early redemption not less than 30 days prior to the date fixed for redemption, SECTION 7. Payment. The City shall make Bond principal and interest payments directly to the Bank. SECTION 8. Security. 8.1. The Bond shall be payable primarily from the Assessment Payments. The City hereby pledges all Assessment Payments to pay the Bonds. Pursuant to ORS 223.235(5)(c), the Gen on the Assessment Payments shall be valid, binding and fully perfected from the date of issuance of the Bonds. The Assessment Payments shall be immediately subject to the lien without the physical delivery thereof, the filing of any notice or any further act. The lien shall be valid, binding and fully perfected against all persons having claims of any kind against the City or the property assessed whether in tort, contract or otherwise, and irrespective of whether such persons have notice of the lien, 8.2. The Bond shall be a limited tax bond of the City, and, to the extent that the Assessment Payments (and any Available General Funds the City may elect to provide) are not sufficient to pay the Bond, the City is authorized to.levy a tax on all taxable property within its boundaries as authorized by ORS 223.235(4), subject to the limitations of Page 3 -Resolution wwaKmesusx Nuv esi.00c 10/11/96 FRI 11:55 FAX 503 248 9085 PRESTON LAW FIRM Z005 Article)a, Section l lb(1) of the Oregon Constitution. The City hereby covenants with the Bank to levy such a tax annually, during each year that any portion of the Bond is outstanding. 8.3. The City hereby pledges its full faith and credit to pay the Bond. The Bond is a limited tax improvement bond of the City, and the City shall pay the Bond from Available General Funds to the extent that Assessment Payments and any taxes described in Section 8.2 are not sufficient to pay the Bonds. 8.4. The City shall deposit all Assessment Payments into the Bancroft Bond' Fund. So long as the B_and is outstanding, the City shall use amounts deposited in the Bancroft Bond , Fund only to pay Bond principal, interest and any redemption premium. SECTION 9. Maintenance of Tax-Exempt Status, 9.1. The City covenants for the benefit of the owners of the Bond to comply with all provisions of the Code which are required for Bond interest to be excluded from gross income for purposes of federal income taxation under Section 103(a) of the Code. In determining whether how an action or omission affects the exclusion of Bond interest from gross income, the City may rely on an opinion of nationally recognized bond counsel.. The City makes the following specific covenants with respect to the Code: 9.1.1. The City shall not take any action or omit any action, if it would cause the Bond to become an "arbitrage bond" under Section 148 of the Code and shall pay any rebates to the United States which are required by Section 148(f) of the Code. 9.1.2. The City shall operate the facilities financed with the Bond so that the Bond is not a "private activity bond" within the meaning of Section 141 of the Code. 9.2. The covenants contained in this section and any covenants in the closing documents for the Bond shall constitute contracts with the owners of the Bond, and shall be enforceable by them. SECTION 10. Designation of Bond as a Qualified Tax-Exempt Obligation. The City designates the Bond as a qualified tax-exempt obligation pursuant to Section 265(b)(3) of the Code. The City covenants not to so designate tax-exempt obligations in the current calendar year in an aggregate annount of more than $10,000,000. The City (and all subordinate entities thereof, if any) does not reasonably expect to issue more than $10,000,000 of tax-exempt obligations during the current calendar year. Page 4 - Resolution JAJMWCmc_h�3HLwanasuxwc 10/11/96 FRI 11:56 FAX 503 248 9085 PRESTON LAW FIRM la 006 SECTION 11. Rebate. The City(and all subordinate entities thereof, if any) do not reasonably expect to issue tax-exempt obligations in calendar year 1996 which have an aggregate face amount of more than $5,000,000. Accordingly, the Bond will be exempt from the rebate requirement of Section 148(f) of the Code. SECTION 12 Defeasance. The City may defease all or any portion of the principal installments of the Bond by setting aside, with a duly appointed escrow agent, in a special escrow account irrevocably pledged to the payment of the principal installments to be defeased, cash or Government Obligations in an amount which, in the opinion of a Qualified Consultant satisfactory to the escrow agent, without reinvestment, is at least equal to the principal installments of the Bond to be defeased, plus interest which will accrue thereon until maturity or any earlier date for which the issuer has given irrevocable instructions for redemption. Such principal installments shall be paid hereunder, and shall cease to be entitled to any lien, benefit or security under this Bond Resolution except the right to receive payment from such special escrow account; such.principal installments of the Bond shall not for any purpose of this Bond Resolution be deemed outstanding. SECTION 13. SEC Compliance. The City Official is hereby authorized to take any action and enter into any agreements or undertakings which may be required to comply with Securities and Exchange Commission Rule 15c2-12. SECTION 14. Contract with Bondowners. The covenants, representations, and warranties contained in this Resolution and the Bond and any covenants, representations and warranties in the closing documents relating to the Bond shall constitute contracts with the Bondowner, and shall be enforceable by them. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this_day of October, 1996. City Recorder SIGNED AND APPROVED this_day of October, 1996. Mayor Reviewed as to form: Page 5 -Resolution uvtwacmes�sxuxnvcsi.00c 10/11/96 FRI 11:56 FAX 503 298 9085 PRESTON LAW FIRM 0 007 City Attorney Page 6 - Resolution wwncmesusxcnxou ssi.00c 10/11/98 FRI 11:58 FAX 503 248 9085 PRESTON LAW FIRM Q008 Exhibit A Form of Bond No. R- $ United States of America City.of Ashland, Oregon Limited Tax Improvement Bond Series 1996 City of Ashland, Oregon (the "City"), for value received, acknowledges itself indebted and hereby promises to pay to the aggregate principal amount of $605,000, in the following installments, together with interest on those installments at the rates indicated below. Principal Installment Principal Payment Date Interest Rate [to be added] Interest is payable semiannually on and , commencing 199_". and shall be computed on the basis of a 360-day year of twelve 30-day months. This bond is issued in the aggregate principal amount of$605,000 and is designated as the City's Limited Tax Improvement Bond, Series 1996 (the "Bond"). The Bond is issued to finance local improvement projects in the City of Ashland. This Bond is issued under and pursuant to a Resolution of the City adopted on«Resolution Date>> (the "Resolution"), and in full and strict accordance and compliance with all of the provisions of the Constitution and Statutes of the State of Oregon and the Charter of the City. This Bond is a valid and legally binding obligation of the City. This Bond is payable primarily from the Assessment Payments, as defined in the Resolution. The full faith and credit of City are also pledged to pay the principal and interest on this Bond when due. In addition, the City has covenanted to levy annually, as provided by law, a direct ad valorem tax upon all of the taxable property within the City, subject to the limitations of Article.XI, Section 11 b of the Oregon Constitution, to pay this Bond promptly as it matures, and the City has covenanted with the Owner of the Bond to levy such a tax annually during each year that any portion of the Bond is outstanding. The City reserves the right to redeem all or any portion of the principal installments of this Bond which mature after May 1, 2002, on May 1, 2002, and on any date thereafter, at par plus accrued interest to the date fixed for redemption; upon notice given to the Bondowner not less than thirty days prior to the redemption date. Principal installments of this Bond maturing on May 1, 2006, may be redeemed by the City on May.1, 1997, and on any interest payment date thereafter. Page 1 -Exhibit A(Form of Bond) 10/11/96 FRI 11:57 FAX 503 248 9085 PRESTON LAW FIRM [a 009 Any transfer of this Bond must be registered with the City. This Bond may be registered only by surrendering it, together with a written instrument of transfer which is satisfactory to the City and which is executed by the registered owner or his duly authorized attorney. Upon registration, a new registered Bond shall be issued to the transferee. The City may treat the person in whose name this Bond is registered on the bond register as its absolute owner for all purposes, as provided in the Resolution. IT IS HEREBY CERTIFIED, RECITED, AND DECLARED that all conditions, acts, and things required to exist, to happen, and to be performed precedent to and in the issuance of this bond have existed, have happened, and have been performed in due time, form, and manner as required by the Constitution and Statutes of the State of Oregon, that the issue of which this bond is a part, and all other obligations of the City, are within every debt limitation and other limit prescribed by such Constitution and Statutes. IN WITNESS WHEREOF, the City Council of City of Ashland, Oregon, has caused this bond to be signed by signature of its Mayor and attested by signature of its City Official, as of the_day of 1996. City of Ashland, Oregon Mayor City Official Page 2 -Exhibit A(Form of Bond) 10/11/96 FRI 11:57 FAX 503 248 9085 PRESTON LAW FIRM 16010 Assignment FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto Please insert social security or other identifying number of assignee this bond and does hereby irrevocably constitute and appoint as attorney to transfer this bond on the books kept for registration thereof with the full power of substitution in the premises. Dated. NOTICE: The signature to this assignment must correspond with the name of the registered owner as it appears upon the face of this bond in every particular, without alteration or enlargement or any change whatever. Signature Guaranteed (Bank, Trust Company or Brokerage Firm) Authorized Officer The following abbreviations, when used in the inscription on the face of this bond, shall be construed as though they were written out in full according to applicable laws or regulations. TEN COM-- tenants in common TEN ENT -- as tenants by the entireties JT TEN-- as joint tenants with right of survivorship and not as tenants in common OREGON CUSTODIANS use the following CUST UL OREG MIN as custodian for (name of minor) OR UNIF TRANS MIN ACT under the Oregon Uniform Transfer to Minors Act Additional abbreviations may also be used though not in the list above. Page 3 -Exhibit A(Form of Bond) 10/11/96 FRI 11:57 FAX 503 248 9085 PRESTON LAW FIRM 1A 011 Exhibit B Proposal (attach proposal after this page) Page 1 -Exhibit B (Proposal) 10/09/96 10:44 $503 275 1377 FINANCIAL INST laoo1 Bank of America October 9, 1996 Public Finance 8832 Jill Turner Director of Finance City of Ashland 20 East Main Ashland, OR 97520 Dear Ms. Turner: Re: Limited Tax Assessment Bonds, Series 1996 RFP Response Bank of America, National Trust And Savings Association is pleased to respond to the City of Ashland's Request for Proposal received October 2, 1995. The RFP response is for the City's $605,000 limited tax assessment bonds to be issued for financing the costs of local improvement projects that have been assessed against the benefited properties in the City and to pay for issuance costs of the bond. Borrower: City of Ashland, Oregon, an Oregon municipal corporation. Instrument: Bond Purchase Agreement. The Bank will hold the Bond on its own books and does not require registration. Amount: $605,000 or as agreed by the parties. Purpose: To provide term financing for public improvements in nine City created local improvement districts. Interest Rate and Maturity: May 1 of the following years in the following principal amounts: Maturity Date Principal Amount Interest Rate May 1, 1997 $50,000 4.51% May 1, 1998 80,000 4.71% May 1, 1999 80,000 4.91% May 1, 2000 80,000 5.11% May 1, 2001 75,000 5.31% May 1, 2002 75,000 5.41% May 1, 2003 55,000 5.51% Bank of America Oregon Bank of America Financial Center 121 SW Morrison Street Suite 1700 Portland, OR 97204 Phone 503/275-1026 Fax 5031275-1391 ors pe 10/09/96 10:44 $503 275 1377 FINANCIAL INST Q002 City of Ashland Limited Tax Assessment Bonds RFP Response October 9, 1996 Page 2 May 1, 2004 35,000 5.61% May 1, 2005 15,000 5.71% May 1, 2006 60,000 5.82% The Bonds are to be certified as a bank-qualified, tax-exempt obligation. Interest is to be computed on a 30/360-day basis. Interest Payable: Semiannually on May 1 and November 1 of each year, commencing May 1, 1997, until final maturity. Security: Full faith and credit of the City subject to the limits of Article XI, Section lib of the Oregon Constitution; also secured by a pledge of revenues from foreclosable liens upon the benefited properties. Disclosure: No public disclosure document required. Customary Bank underwriting requirements will apply. Registrar / Paying Agent: Not required. Loan Fee: $1,210.00 (0.20%). Legal Fees: All legal counsel fees shall be for the account of the City. We are prepared to accept documentation and opinion of the law film of Preston Gates & Ellis, LLP, but reserve the right for the Bank's counsel to review and approve documents. The Bank anticipates that fees for the review and approval of documents by the Bank's counsel will be paid in full from the loan fee. Prepayment: Not permitted before May 1, 2002; permitted at any time thereafter, with no penalty, with the exception of the Bonds maturing May 1, 2006 which may be prepaid on any interest payment date, beginning May 1, 1997, at par plus accrued interest. Reporting ' Requirements: The City will furnish its annual audited financial statements within 180 days of fiscal year end and annual budgets within 30 days of adoption. Other Covenants: 0 The City will not permit the aggregate amount of bonded 10/09/96 10:45 $503 275 1377 FINANCIAL INST 1a003 City of Ashland Limited Tax Assessment Bond RFP Response Oember 9, 19% Page 3 debt to exceed 3.00% of the real market value of the City. o The City will levy an annual, direct ad valorem tax upon all taxable property within the City in the amount sufficient, with all other available funds, to pay all principal of and interest on the Bonds which is due and payable in that year, provided that the amount of such tax will not exceed the amount permitted under section I lb(1), Article XI of the Oregon Constitution. o The City will place all installment assessment payments, delinquent payments and foreclosure proceeds in the City's Bancroft Bond Fund and will be applied to the payment of principal and interest on the Bonds. This letter is not a commitment to lend or otherwise to advance funds. Such commitment can only be given pursuant to our complete due diligence and receipt of complete documentation satisfactory in form and content to the Bank. Cost of documentation shall be for the account of the City. Documentation will require an opinion of bond counsel to the City as to the legality, validity, and binding effect of the Bond, as well as to its status as a bank-qualified, tax-exempt obligation. The terms proposed herein lapse at 5:00 p.m. on Monday, October 21, 1996, unless extended by mutual agreement. Please contact Wayne at (503.)275-1026 or me at (503) 275-1033 if you have any questions or would like the Bank to proceed with the financing on the terms outlined above. Under Oregon law, most agreements, promises and commitments made by us after October 3, 1989, concerning loans and other credit extensions which are not for personal, family or household purposes or secured solely by the borrower's residence must be in writing, express consideration and be signed by us to be enforceable. Sincerely, - RONALD D. HOWELL WAYNE E. OLSON Assistant Vice President Vice President/Manager Regional Financial Advisors, Inc. Kieu-Oanh Nguyen,Mm President 733 SN vista Ave,Portland,OR 97205-1203 (so3)227-2009 FAX(503)227-2510 October 2, 1996 CITY OF ASHLAND, OREGON REQUEST FOR PROPOSAL for FINANCING PROPOSALS for the direct placement of approximately $6051,000* LIMITED TAX ASSESSMENT BONDS SERIES 1996 The City of Ashland wishes to finance the costs of local improvement projects that have been assessed against the benefited properties in the City and to pay for costs of issuance. The Bonds are secured by the full faith and credit of the City and by a limited taxing power (see "security" for more information). The Bonds will not be rated. The City's general obligation bonds have been rated A by Moody's Investors Service. The Bonds are bank-qualified. Preliminary, subject to change City of Ashland RFP Page 2 The City is soliciting competitive proposals from commercial banking firms for a direct placement of the Bonds. These proposals are due on Wednesday, October 9, 1996 by 12:00 Noon Pacific Time, whereupon they will be evaluated for the most favorable terms by the City. The City will select the most favorable proposal by Thursday, October 10, 1996. Proposals will be reviewed with the proposer regarding its terms and conditions which may be subject to further negotiation or clarification by the proposer or the City_ The City may reject all bids, and reserves the right to waive any irregularities. Since this will be a direct placement, the City is not expecting to produce an Official Statement but will provide a copy if its 1994-95 audit upon request. A copy of the General Fund and the Bancroft Bond Fund's schedules of Revenues, Expenditures and Changes in Fund Balance for the year ending June 30, 1995 is attached for your reference. The 1995-96 audit will not be available until November or December, 1996. The legal opinion for the Bonds will be provided by Preston Gates & Ellis. INFORMATION ON THE BONDS Authorization and Purpose The Limited Tax Assessment Bonds are issued under the authority of ORS 223.235 and 288.155. Security The Bonds are limited tax bonds of the City. The City has assessed benefited properties for the costs of local improvements and has received applications to pay assessments in installments. The Bonds will be issued in an amount not greater than the unpaid balance of all such final assessment, plus the amounts necessary to pay financing cots associated with the Bonds. All installment assessment payments, delinquent payments and foreclosure proceeds will be placed in the Bancroft Bond Fund and applied to the payment of principal and interest on the Bonds. In addition, the full faith and credit of the City are pledged to the owner of the Bonds for the punctual payment of such obligations, when due. The City has covenanted to levy an annual, direct ad valorem tax upon all of the taxable property within the City in the amount sufficient, with other available funds, to pay all principal of and interest on the Bonds which is due and payable in that year, provided that the amount of such tax will not exceed the amount permitted under section 11b(1), Article XI of the Oregon Constitution. The Bonds are also secured by foreclosable liens upon the benefited properties. Regional Financial Advisors, Inc. City of Ashland RFP Tax Exemption of Interest and Bank Qualification The use of the bond proceeds are for general governmental purposes, and therefore will be tax-exempt. Since the City does not plan to issue more than $10 million in tax- exempt borrowings 1996, the Bonds will be bank qualified. Bond Counsel for the City is Preston Gates & Ellis. Maturity Schedule The Bonds are dated November 1, 1996, and accrue interest from that date until maturity or earlier redemption payable semiannually on each May 1 and November 1, commencing May 1, 1997. Principal payments are due May 1 beginning May 1, 1997 based on the following schedule: Due Due May 1 Principal Amount May 1 Principal Amount 1997 $50,000 2002 $75,000 1998 80,000 2003 55,000 1999 80,000 2004 35,000 2000 80,000 2005 15,000 2001 75,000 2006 60,000 Redemption Provisions Optional Redemption. The City reserves the right to redeem all or any portion of the Bonds maturing after November 1, 2002 by lot on November 1, 2002, and on any date thereafter, at par plus accrued interest to the date fixed for redemption. Extraordinary Redemption. The City may redeem Bonds maturing on May 1, 2006 on any interest payment date, beginning with May 1, 1997, at par plus accrued interest to the date fixed for redemption, from assessment prepayments, amounts received from the foreclosure of assessment liens, surplus proceeds, taxes levied to pay Bonds, or other amounts deposited in the debt service fund for the Bonds. Closing The City wishes to close the Bonds before November 4, 1996. Regional Financial Advisors, Inc, 10296 City of Ashland RFP Page 4 Description of the Projects The Bonds are being issued for certain improvement projects constructed within the City limits. The Bonds are backed by signed assessment contracts from nine local improvement districts. Property owners assessed the cost of local improvements have the option of signing contracts for payment of the assessment. The following table provides a summary of the projects: District Project Description Lori Lane Street Curbs, gutters, storm drain, sidewalks, paving. Peachey/Paradise Sewer Sanitary sewer line. Tolman Creek St. Curbs, gutters, storm drain, sidewalks, paving Railroad Park Park land. Tolman Creek Signal Traffic signal. Mountain Avenue Sewer Sanitary sewer line. Strawberry sewer Sanitary sewer line. Railroad Village Curbs, gutters, storm drain, streetlights, paving. Oak Knoll Parking Lot Parking lot improvements. There is a total of 45 benefited properties being financed. Of these, 37 contracts totaling $338,187 are for private properties, 6 contracts totaling $237,699 are for city- owned properties and 2 contracts totaling $19,010 are for non-profit properties owned by Goodwill and YMCA. The city-owned and non-profit properties are not assessed so there is no assessed valuation information available. The following table lists the value to loan ratios of the 37 private property assessments: Ratios Number of Total Outstanding Total 1996-97 Value to Loan Properties Contract Balance Assessed Value 15 and above 24 $135,680 $9,464,460 15-10 2 15,589 187,360 10-8 0 0 0 8-6 2 18,555 114,360 6-5 1 43,294 234,120 5-4 1 16,510 75,900 4-3 6 45,619 154,690 3-2 1 62,940 133,630 2-1 0 0 0 under 1 0 0 0 Total 37 $338,187 $10,364,520 Regional Financial Advisors, Inc. 1012/96 City of Ashland RFP rageo PROPOSAL CONTENT Please provide the following information regarding the Bonds. It is understood that additional information may be required by the bank and therefore final interest rates will be negotiated once the bank has received all necessary documentation. Therefore, this proposal is expected to provide preliminary fee and rate indications, subject to satisfactory review of all financial data after the bank is selected (similar to a negotiated sale of bonds). This will enable the City to select the bank with which to work and can then provide more extensive information and refine the actual maturity schedule and redemption provisions. Proposals should include BRIEFLY the following information. A proposal may contain more than one approach to the financing, but each option must address all items below. 1. Indicate the annual interest rates which would be charged for each of the maturity, based upon a 30/360 day basis. If term bonds are desired, please indicate which years would be termed. 2. Indicate the maximum due for any fees and charges of your firm, including loan fee, set-up fees and charges, origination fees, legal fees, etc. 3. Indicate if the City or the City's legal counsel will need to prepare any legal documents other than the legal opinion. 4. Describe the credit approval process and document requirements from the City. & Describe all substantive covenants, security requirements, or other terms and conditions not covered above, such as an escrow agent, paying agent, etc. 6. What are your reporting requirements during the term of the bonds? 7. Indicate any other information which you deem pertinent. Regional Financial Advisors, Inc. 10296 City of Ashland RFP page PROPOSAL SUBMITTAL One copy of the proposal shall be submitted to Kieu-Oanh Nguyen, Regional Financial Advisors, Inc., 733 SW Vista Avenue, Portland, OR, 97205-1203; phone 503-227-2009; FAX 503-227-2510. One copy of the proposal shall be submitted to Jill Turner, Finance Director, City of Ashland, 20 E. Main St., Ashland, OR 97520, phone 541-482-3211; FAX 541-488- 5311. The proposals shall be received not later than 12:00 Noon Pacific Time on Wednesday, October 9, 1996 at RFA. Proposals may be submitted by fax. Proposals received by the deadline at RFA will qualify even if the City's copies arrive late. Hard copies will not be required. The City reserves the right to reject any or all proposals. Regional Financial Advisors, Inc. 10296 Bancroft Bond Fund Schedule of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual for the year ended June 30, 1995 Actu Variance- GAAP Budget Favorable Basis Ad'usstments Basts sudelet (Unfavorable) Revenues: Special assessments $ 189,435 S (189.435) 15,000 2.273 Interest on investments 17173 0 S 17,273 $ Total revenues 206,708 (189,435) 17,273 1s,000 2,273 Other financing sources: Principal payments received 0 189__435 189.435 220,000 (30.565) Total revenues and other financing 206.708 0 206.708 235.000 (28.292 sources ) Expenditures: Debt e: Principal cipal 173,000 0 173,000 242,000 69,000 Interest 58.453 0 58.453 122.00.0 M.547 Total expenditures 231.453 0 231.453 364,000 132.547 Deficiency of revenues and other 104,255 financing sources over expenditures (24,745) o (24,745) (129,000) Fund balance,July t, 1994 457.991 0 457.921 456000 1.99). Fund balance,June 30,1995 433 46 S 0 a5 33.24 5 327.000 S 1062 City of Ashland, Oregon 45 TOTAL P.11 General Fund Schedule of Revenues, Expenditures and Changes in Fund Balance - ;.i Budget and Actual for the year ended June 30, 1995 s. c .,i Actual Variance- j GAAP Budget Favorable Basis Adiustrnents Basis Budget (Unfavorable) Revenues: Taxes $ 4,738,406 S 0 $ 4,738,406 S 4,431,600 5 306,806 Fees,licenses and permits 314,867 0 314,867 294,500 20,367 Intergovernmental 404,536 0 404,536 405,000 (464) Charges for Services 271,765 0 271,765 234,600 37,165 Fines and forfeitures 164.296 0 164,296 203,900 (39,604) Interest on investments 35,100 0 35,100 15,000 20,100 Miscellaneous 104.602 0 104.602 57 900 46.702 Total revenues 6,033,572 0 6,033,572 5,642,500 391,072 Other financing sources: Transfer from Insurance Services Fund 0 0 0 30.000 (30.0001 Total revenues and other financing sources 6.033.572 0 6,033572 -672.500 361.072 Expenditures: Human Resources 74,410 0 74,410 76,000 1,590 Economic Development 223,500 0 223,500 223,500 Interdepartmental: Debt service 96,603 0 96,603 98,000 1,397 Operating contingency 106,100 106,100 Miscellaneous 113,405 0 113,405 119.400 5,995 Police 2,127,087 0 2,127,087 2.148,000 20,913 Municipal court 153.430 0 153.430 174,000 20,570 Communications _ 363,479 0 363.479 435,000 71,521 Fire 1,784,788 0 1,784,788 1,861,000 76,212 Senior Programs 120,747 0 120,747 137,000 16,253 Planning Division 407,946 0 407,946 408,000 S4 Building Division _269.060 0 _ 269.060 290.000 20.940 Total expenditures 5,734.455 0 5,734,455 6,076,000 341.545 Other financing uses: Transfer to Parks and Recreation Fund 63.000 0 63,000 83,000 0 Total expenditures and other financing uses 5.797.455 0 5.797.455 6.139.000 341.545 Excess(deficiency)of revenues and other financing sources over expenditures and other financing uses 236,117 0 236,117 (466,500) 702,617 Fund balance,July 1.1994 743.450 0 743.450 616.500 126.950 Fund balance,June 30,1995 S 979.567 S 0 5 979.587 S 150,000 S 829.567 1 I i it C City of Ashland, Oregon 35