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.
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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
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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
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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)
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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
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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
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''slilli k= PROCLAMATION
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• 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
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MAYOR'S PROCLAMATION
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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
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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)
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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
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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.
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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.
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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.
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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
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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.
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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
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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
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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
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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.
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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.
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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
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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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to cast
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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
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Name
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Submitted by:
(Signature)
Name
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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
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C City of Ashland, Oregon 35