HomeMy WebLinkAbout2009-025 Contract - Taxable Current Refunding Note
Wells Fargo Brokerage Services, LLC
Public Finance Division
3295 Elder Street, Suite 214 MAC U1853-020
Boise, Idaho 83705
SUPPLEMENT TO TAXABLE CURRENT
REFUNDING NOTE
Name and address of Borrower:
Supplement #N003589
The City of Ashland
201 E. Main Street
Ashland, Oregon 97520
This is a Supplement showing the breakdown of the Taxable Current Refunding Note Purchase Contract dated
April 1, 2009 between Lender and Borrower (the "Note"). Upon the execution and delivery by Lender and
Borrower of this Supplement, Lender hereby agrees to lend to Borrower, and Borrower hereby agrees to
borrow from Lender, the Note described below upon the terms and conditions of this Supplement and the
Taxable Current Refunding Note Purchase Contract.
NOTE DESCRIPTION
Quantity Serial Number
Current Refunding of the Series 2004 Note due April 1, 2009
Location of Property (if different from Borrower's address) SCHEDULE OF NOTE PAYMENTS
Basic Rental Number Of Advance
Payments Payments Payments
Note commencement date: 4/1/2009 $19,267.98
20 -0-
Term in months from note commencement Interest Rate First Payment Final Purchase
Due Option Price
120 months
5.75% 10/1/2009 0
Rental payment period (check one)
D Monthly Annually FINANCE AMOUNT: 290,000.00
D Quarterly Other - see additional provisions
X Semi-annually
TOTAL RENT: $385,359.60
Additional Provisions:
Twenty semi-annual payments $19,809.30 beginning October 1,2009 and each April 1 st and October 1 st
By
Its
Senior Vice President
BORROWER: City of Ashland, Oregon
By ~~-
Name 0~ ~~J'i!t:-
Its A~JtlIM S vc-,/ hN~~12 f)fM~_
Name
Date
04/01/2009
Date
04/01/2009
2
CERTIFICATE OF INCUMBENCY OF THE CITY OF ASHLAND, OREGON
$290,000
THE CITY OF ASHLAND, OREGON
TAXABLE CURRENT REFUNDING NOTE, SERIES 2009
I, Barbara Christensen, do hereby certify that I am the duly elected or appointed
Tresurer/Recorder of the City of Ashland, a political subdivision duly organized and
existing under the laws of the State of Oregon that I have custody of the records of such
entity, and that, as of the date hereof, the individuals named below are the duly elected or
appointed officers of such entity holding the offices set forth opposity their respective
names. I further certify that (I) the signatures set opposity their respective names and
titles are their true and authentic signatures and (II) such officers have the authority on
behalf of such entity to enter into that certain Taxable Current Refunding Note Purchase
Contract dated April 1, 2009 between such entity and Wels Fargo Brokerage Services,
LLC.
NAME
TITLE
SIGNA TURE
Richard Appicello
City Attorney
Darlow L. Tuneberg
Finance Director
~
Dated as of the !L day of~, 2009.
IN WITNESS WHEREOF, I have duly executed this certificate and affixed the
seal of such entity hereto this /? day of March, 2009.
F ASHLAND, OREGON
~
TREASURERffiECORDERI
3
March 3, 2009
The City of Ashland
Attention: Lee Tuneberg, Finance Director
20 East Main Street
Ashland, Oregon 97520
TAXABLE CURRENT REFUNDING NOTE
PURCHASE CONTRACT
Wells Fargo Brokerage Services, LLC, (the "Purchaser"), is pleased to offer to
purchase from the City of Ashland, Oregon, (the "Seller") $290,000.00 principal amount
Taxable Current Refunding Note, Series 2009 (the "Note"), such Note to refinance the
Taxable Full Faith & Credit Note, Series 2004. This offer is subject to credit review and
approval and the terms and conditions set forth below and in Exhibit A-I attached, which
when accepted by the Seller shall constitute the terms and conditions of our Purchase
Contract for the Note. Those terms and conditions are as follows:
1. Prior to the date of delivery and payment for the Note ("Closing"), the Seller
shall provide to Purchaser such financial statements, data, and other documents
necessary for satisfactory review and approval of credit and shall adopt a
Resolution (the "Resolution") authorizing the sale of the Note in a form and
substance acceptable to the Purchaser.
2. The Seller shall sell and deliver to the Purchaser its Note; and the Purchaser
shall purchase at the interest rate set forth in paragraph (B) of Exhibit A and
payoff the Series 2004 Note.
3. The Seller represents, warrants to, and agrees with the Purchaser as of the date
and time of Closing that:
a. The Seller has and will have at Closing full legal right, power, and authority
to enter and perform its obligations under this Purchase Contract, to adopt
the Resolution, and to sell and deliver the Note to the Purchaser;
b. This Purchase Contract, the Resolution, and the Note do not and will not
conflict with or create a breach of or default under any existing law,
regulation, judgment, order, decree, agreement, lease, or instrument to
which the Seller is subject or by which it is bound;
c. No governmental consent, approval, or authorization other than the
Resolution is required in connection with the sale of the Note to the
Purchaser;
d. This Purchase Contract, the Resolution, and the Note (when paid for by the
Purchaser) are, and shall be at the time of Closing, legal, valid, and binding
obligations of the Seller enforceable in accordance with their respective
terms, subject only to applicable bankruptcy, insolvency or other similar
laws generally affecting creditors' rights;
e. The Resolution shall have been duly authorized by the Seller, shall be in full
force and effect and shall not have been amended at the time of closing;
f. The Seller covenants and will provide a certification that no materially
adverse changes in the Seller's financial position or status has occurred in the
time period between the date of the most current Financial Statements Audit
(audit period July 1,2007 and June 30, 2008) and the present date that would
adversely affect the City's ability to pay the Note.
g. The Seller will covenant to include in its annual budgets amounts necessary for
the annual interest and principal payments on the Note as set forth in the
Seller's Resolution authorizing issuance of the Note.
5. As conditions to the Purchaser's obligation hereunder:
a. At or prior to Closing, the Purchaser shall have received the following:
1. The Note, in definitive or temporary form, duly executed and
authenticated;
2. An approving opinion of the City of Ashland's City Attorney (the
"Legal Counsel") satisfactory to the Purchaser and dated as of
Closing, to the effect that the Seller has authority to adopt the
Resolution and to issue and sell the Note to the Purchaser; that the
Note is valid, legal, and binding obligations of the Seller, subject to
(i) applicable bankruptcy, insolvency, fraudulent conveyance,
reorganization, moratorium and other similar laws affecting the
creditors' rights generally; (ii) the application of equitable principles
and exercise of judicial discretion in appropriate cases; (iii) common
law and statues affecting the enforceability of contractual obligations
generally; and (iv) principles of public policy concerning, affecting
or limiting the enforcement of rights or remedies against
governmental entities such as the City;
3. A certificate signed by authorized officers of the Seller to the effect
that no litigation is pending and, to the knowledge of the Seller,
threatened against the Seller in any court to restrain or enjoin the sale
or delivery by the Seller of the Note; to question the authority of the
Seller to issue; to question the constitutionality of any statute,
ordinance, or proceeding authorizing the issuance of the Note; to
question the validity or enforceability of the Resolution; to question
the titles of any officers of the Seller to their respective offices or the
legal existence of the Seller under the laws of the State of Oregon or
which might in any material respect adversely affect the transaction
contemplated to be undertaken by the Seller;
4. A certificate signed by authorized officers of the Seller to the effect
that the officers of the Seller who signed or whose facsimile
signatures appear on the Note were, on the date of execution of the
Note, the duly elected, qualified, and acting officers of the Seller;
and that their signatures are genuine or accurate facsimiles.
5. A certified copy of the Resolution;
6. An executed of this Taxable Current Refunding Note Purchase
Contract;
7. Such additional legal opInIons, certificates, instruments, and
documents as the Purchaser may reasonably request to evidence the
truth, accuracy, and completeness of the representations, warranties,
and due performance by the Seller of all agreements and conditions
then to be satisfied by the Seller in connection with this transaction;
6. Upon acceptance, this Purchase Contract shall be binding upon the Seller and the
Purchaser. This Purchase Contract is intended to benefit only the parties hereto.
The Seller's representations and warrants that the Note shall survive any
investigation made by or for the Purchaser. Should the Seller fail to satisfy any of
the foregoing conditions, or if Purchaser's obligations are terminated for any reason
permitted under this Purchase Contract, then the Purchaser shall have no further
obligations under this Purchase Contract.
Respectfully submitted,
WELLS FARGO BROKERAGE SERVICES, LLC
tL
/
Accepted by the City of Ashland, Oregon thislf th ~f~arch, 2009. . ')
~.J:...~ - /,;1--. ATTEST:~ ~-u~..
Finance Officer Treasurer
Taxable Full Faith & Credit Note
City of Ashland, OR
Exhibit A
Costs Funded Payment Rate 20 Payments Level Payment Closing Fees Average Life
$290,000.00 5.750/0 2 per year $19,267.98 $0.00 5.72 years
5.7500/0 Rate Fctr=.066441 68.6 months
Commencement: Apr 1,2009
Closing Date: Apr 1,2009
Total Payment Interest Principal After Payment After Payment Payment Due
Pmt Principal Termination
Due Payment Due Payment Due Date
Balance Value
$0.00 $0.00 $290,000.00 Apr 1,2009
1 $19,267.98 $8,337.50 $10,930.48 $279,069.52 $285,379.67 Oct 1, 2009
2 $19,267.98 $8,023.25 $11,244.73 $267,824.79 $273,602.90 Apr 1, 2010
3 $19,267.98 $7,699.96 $11,568.02 $256,256.77 $261,517.00 Oct 1, 2010
4 $19,267.98 $7,367.38 $11,900.60 $244,356.18 $249,113.84 Apr 1,2011
5 $19,267.98 $7,025.24 $12,242.74 $232,113.44 $236,385.10 Oct 1, 2011
6 $19,267.98 $6,673.26 $12,594.72 $219,518.72 $223,322.23 Apr 1,2012
7 $19,267.98 $6,311.16 $12,956.82 $206,561.90 $209,916.46 Oct 1, 2012
8 $19,267.98 $5,938.65 $13,329.32 $193,232.58 $196,158.79 Apr 1,2013
9 $19,267.98 $5,555.44 $13,712.54 $179,520.03 $182,039.98 Oct 1,2013
10 $19,267.98 $5,161.20 $14,106.78 $165,413.26 $167,550.55 Apr 1,2014
11 $19,267.98 $4,755.63 $14,512.35 $150,900.91 $152,680.77 Oct 1,2014
12 $19,267.98 $4,338.40 $14,929.58 $135,971.33 $137,420.66 Apr 1, 2015
13 $19,267.98 $3,909.18 $15,358.80 $120,612.53 $121,759.97 Oct 1, 2015
14 $19,267.98 $3,467.61 $15,800.37 $104,812.16 $105,688.19 Apr 1,2016
15 $19,267.98 $3,013.35 $16,254.63 $88,557.53 $89,194.53 Oct 1, 2016
16 $19,267.98 $2,546.03 $16,721.95 $71,835.58 $72,267.90 Apr 1,2017
17 $19,267.98 $2,065.27 $17,202.71 $54,632.87 $54,896.96 Oct 1, 2017
18 $19,267.98 $1,570.70 $17,697.28 $36,935.59 $37,070.02 Apr 1, 2018
19 $19,267.98 $1,061.90 $18,206.08 $18,729.50 $18,775.13 Oct 1, 2018
20 $19,267.98 $538.47 $18,729.51 $0.00 $1.00 Apr 1, 2019
Please Note:
The sum of all principal payments differs from total principal by one cent due to
even-cent rounding. This exhibit is a draft only and may not reflect final terms.
Wells Fargo Public Finance (WFPF) bankers are registered representatives of Wells Fargo Brokerage
Services, LLC, or Wells Fargo Institutional Securities, LLC, brokerage affiliates of Wells Fargo &
Company and members of the NASD and SIPC.
Investments: · NOT FDIC insured · May lose value · No bank guarantee
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... I
EXHIBIT A-I
Description of Taxable Current Refundin2 Note~ Series 2009
A. Principal Amount: $290,000.00
B. Interest Rate: 5.750/0
C. Denominations: The full amount of the Note.
D. Dated Date: April 1, 2009
E. Maturity Date: April 1, 2019
F. Redemption: The Note is callable for redemption at the option of the Seller on any
payment date with thirty (30) days written notice in full at par plus accrued interest at
the After Payment Termination Value on the amortization schedule Exhibit "A", which
includes a servicing fee repayment.
G. Estimated Closing Date: April 1, 2009, or such other date mutually agreed to by the
parties to this Purchase Contract.
H. Method ofPavn1ent: Federal Funds draft or wire.
$290,000
UNITED STATES OF AMERICA
THE CITY OF ASHLAND, STATE OF OREGON
TAXABLE CURRENT REFUNDING NOTE, SERIES 2009
INTEREST RATE:
5.750/0
DATED DATE:
APRIL 1,2009
Registered Owner:
***WELLS FARGO BROKERAGE SERVICES, LLC***
Principal Amount:
***TWO HUNDRED NINETY THOUSAND AND NO/lOO
DOLLARS***
Know All Men by these Presents:
THE CITY OF ASHLAND, OREGON ("the City"), for value received, hereby
acknowledges itself to be indebted, promises to pay to the registered owner hereof from the
pledge of all legally available revenues of the city and secured by the full faith and credit of the
City, the sum of
TWO HUNDRED NINETY THOUSAND AND NO/IOO DOLLARS
In lawful money of the United States of America, semi-annually on October 1, 2009 and each
April 1 st and October 1 st through 2019, at Wells Fargo Brokerage Services, LLC, in Minneapolis,
Minnesota, with interest thereon (calculated on the basis of a 360-day year consisting of twelve
30-day months) at a rate of five and seventy-five hundreds (5.750/0) percent per annum from the
date hereof until the final date of payment.
The Note known as "THE CITY OF ASHLAND, STATE OF OREGON TAXABLE CURRENT
REFUNDING NOTE, SERIES 2009", (the "Note") being issued and sold for an aggregate
principal amount of Two Hundred Ninety-Nine Thousand Dollars ($290,000) issued under and
pursuant to the Constitution and laws of the State of Oregon.
Both principal of and interest on this Note are payable in lawful money of the United
States of America at Wells Fargo Brokerage Services, LLC , 608 Second Avenue South, Fifth
Floor, Operations, Minneapolis, Minnesota 55479. The Note is redeemable at the option of the
City on any payment due date with thirty (30) days written notice in full at par plus accrued
interest to the payoff date plus an amortization of the servicing fee at the After Payment
Termination Value on the amortization schedule.
This Note has been authorized and issued by the City of Ashland, State of Oregon, to
provide refinancing of the Series 2004 Taxable Full Faith & Credit Note of the City. The Note is
secured by a pledge of all legally available revenues of the City and the full faith and credit of
the City to repay the principal and interest on the Note.
The City has covenanted and agreed with the Registered Owner of the Note that it will
keep and perform all of the covenants of this Note and of the Resolution to be by it kept and
performed.
IT IS HEREBY CERTIFIED AND DECLARED that all acts, conditions, and things
essential to the validity of this Note do exist, have happened, and have been done and that every
requirement of the Constitution and statutes of the State of Oregon and the ordinances and
resolutions of the City affecting the issue hereof have been duly complied with; a portion of the
Revenues have been pledged and will be set aside to be used for the payment of principal of and
interest on this Note.
IN WITNESS WHEREOF, the City of Ashland, Oregon has caused this Note to be
executed by the manual signature of the Treasurer of the City, countersigned by the Finance
Director, and its official seal affixed hereto as of the April 15\ 2009.
THE CITY OF ASHLAND, STATE OF OREGON
~
TREASURER
ATTEST:
,d~ ..;t. ". · ~-r
FINANCE DIRECTOR
(SEAL)
-2-
CITY OF
ASHLAND
LEGAL DEPARTMENT
Richard Appicello, City Attorney
Megan Thornton, Asst. City Attorney
Ali Brooks, Paralegal
March 19, 2009
Wells Fargo Brokerage Services, LLC
Public Finance Division
3295 Elder Street, Suite 214
MAC U 1853-020
Boise, Idaho 83705
RE: The City of Ashland, Oregon, Negotiable Taxable Current Refunding Note Series 2009
(Purchase Contract N003589), Aggregate Principal Refinance Amount $290,000.00,
dated April 1 s\ 2009 (2004 Bank Loan refinancing associated with constructing a hangar
at the Ashland Municipal Airport).
Mr. Jim C. Wrigley:
On March 3, 2009 City Council approved Resolution 2009-06 approving and authorizing the
Administrative Services/Finance Director to refinance the remaining portion of the bank loan
used to fund T-hanger construction at the Ashland Municipal Airport in 2004. The loan
originated in 2004 with a four and sixty eight (4.680/0) taxable rate over a maximum of five
years with a refinancing to occur April 1 s\ 2009.
The Note to refinance is authorized under Resolution No. 2009-06, dated March 3rd, 2009, and
enacted by the City of Ashland, Oregon (the Note Resolution"). The Note is secured by a
pledge of all legally available revenues of the City and the full faith credit of the City to repay
the principal and interest on the Note. The Note is dated as of April 1 s\ 2009, and bears
interest at the rate of five and seventy-five hundreds (5.750/0) percent for 10 years, to become
due and payable at the offices of Wells Fargo Brokerage Services, LLC, 608 Second Avenue
South, Fifth Floor, Operations, Minneapolis, Minnesota 55479. The Note is callable on any
payment due date by the City prior to maturity with a thirty day written notice in full at par plus
accrued interest to the payoff date plus an amortization of the servicing fee at the After
Payment Termination Value on the amortization schedule.
LEGAL DEPARTMENT
20 East Main Street
Ashland, Oregon 97520
Tel: 541-488-5350
Fax: 541-552-2092
TTY: 800-735-2900
appicelr@ashland.or.us
brooksa@ashland.or.us
www.ashland.or.us
~-,
-:<' 100% Post-Consumer Content
CITY OF
ASHLAND
LEGAL DEPARTMENT
Richard Appicello, City Attorney
Megan Thornton, Asst. City Attorney
Ali Brooks, Paralegal
In our capacity as the Legal Counsel we have examined such other documents, records of the
City of Ashland and other instruments as we deemed necessary to enable us to express the
opinions set forth below including the original counterparts or certified copies of the documents
executed by the City in respect of the Note.
Based on the foregoing, it is our opinion that:
1. The foregoing proceedings have been had in substantial legal conformity with the
Constitutions of the United States and of the State of Oregon and the resolutions of the City of
Ashland.
2. The Note has been duly authorized and issued by Resolution 2009-06 and constitutes the
valid, legal and constitutional indebtedness of the City and is a full faith and credit obligation of
the City, subject to the limitations of Sections 11 and 11 b of Article XI of the Oregon
Constitution, payable from all legally available revenues of the City.
3. The interest on the Note is includable in gross income for federal income ta purposes.
~iChard A
City Attorne
City of Ashland
LEGAL DEPARTMENT
20 East Main Street
Ashland, Oregon 97520
Tel: 541-488-5350
Fax: 541-552-2092
TTY: 800-735-2900
a ppicelr@ashland.or.us
brooksa@ashland.or.us
www.ashland.or.us
~<.
...1
to:' 100% Post-Consumer Content
- r
CITY OF
ASHLAND
Certification of True Copy
I certify that I have compared the foregoing documents, Resolution 2009-06, A Resolution of City of
Council of the City Ashland, Authorizing the Refinancing of the 2004 Bank Loan Associated with
Constructing a Hanger at the Ashland Municipal Airport, minutes of the City of Ashland Council
confirming action on this item dated March 3, 2009 and that these foregoing true and correct copies.
Dated this 19th day of March, 2009.
B);
Barbara Christensen
Ashland City Recorder/Treasurer
Ashland, OR
CITY RECORDERfTREASURER Tel: 541-488-5307
20 E MAIN STREET Fax: 541-552-2059
Ashland, Oregon 97520 . TTY: 800-735-2900
www.ashland.or.us
Ell
RESOLUTION NO. 2009- olo
CERTIFIED
COpy
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND,
OREGON, AUTHORIZING THE REFINANCING OF THE 2004 BANK
LOAN ASSOCIATED WITH CONSTRUCTING A HANGAR AT THE
ASHLAND MUNICIPAL AIRPORT
Recitals:
The City Council finds as follows:
A. The City financed costs of constructing a fourteen-airplane, nest-configured
T -hangar building at the Ashland Municipal Airport (the "Project") in 2004.
B. The City is authorized by ORS 271.390 to enter into financing agreements in
order to finance the cost of any real or personal property that the City determines
is needed.
C. The Project was needed to provide services for the City and its citizens.
D. The terms of the financing required refinancing by April 1 , 2009.
E. The City desires to refinance the remaining portion of the 2004 loan with a
similar loan that will retire the obligation in ten years.
THE CITY OF ASHLAND RESOLVES AS FOllOWS:
Section 1. loan Aareement Authorized. The City is authorized to enter into a loan
agreement in an aggregate principal amount of not more than $290,000 (the "Loan
Agreement"). loan proceeds shall. be used to re-finance the remaining portion of the
original loan. The Administrative Services/Finance Director or designee of the
Administrative Services/Finance Director (anyone or which is described as the "City
Official"), on behalf of the City and without further action by the City Council, may:
1.1. accept the most desirable bank proposal to refinance the 2004 loan
Agreement, negotiate the terms of the loan Agreement, and execute the loan
Agreement in an aggregate principal amount of not more than $290,000;
1.2. execute and deliver a note reflecting the City's obligation to make the
payments due under the loan Agreement:
1.3. provide that interest payable under the loan Agreement will be includable in
gross under the Internal Revenue Code of 1986, as amended (the "Code");
1.4. execute and deliver any other certificates or documents and take any other
actions which the City Official determines are desirable to finance the Project with the
Page 1 of 2
Loan Agreement in accordance with this resolution.
CERTIFIED
COpy
Section 2. Security. The City Official may pledge the City's full faith and credit and
taxing power within the limitations of Sections 11 and 11 b of Article XI of the Oregon
Constitution, and any and all of the City's legally available funds, to make the payments
due under the Loan Agreements.
SECTION 3. This resolution was duly PASSED and ADOPTED this 8 day of March,
2009, a d takes effect upon signing by the Mayor.
. Barbara Christensen, City Recorder
SIGNED and APPROVED this ~ay of March. 2009:
~m~
Reviewed as to form:
Page 2 of 2
ASHLAND CITY COUNCL MEETING
March 3, 2009
Page I of8
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL ~'\ EJ}."<':W Q 1. --I F.I. g: ~~t
March 3,2009 U Ii . . [~ ~Ij
Council Chambers COpy
1175 E. Main Street ~..IJ Ii..., ;j
CALL TO ORDER
Mayor Stromberg called the meeting to order at 7 :00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman were present.
MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES
Mayor Stromberg announced that applications are being accepted for the annual appointments to Commissions
& Committees and the deadline for submitting applications is March 13, 2009. It was also noted that the
Senior Board is looking for a volunteer.
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The minutes of the Executive Session ofF ebruary 17, 2009 and Regular Council meeting ofF ebruary 17, 2009
were approved as presented.
SPECIAL PRESENTATIONS & AWARDS
Mayor Stromberg's Proclamations of March as National Intellectual and Developmental Disabilities
Awareness Month (NIDDA) and March 8 as International Women's Day were read aloud. Invites were
extended for March 9, sponsored by Southern Oregon University celebrating International Women's Day.
It was announced that Wednesday night from 6:00-7:00 p.m. was the monthly RVTV Town Hall meeting with
the following subjects: Proxy Education Project supporting "streams", review on the history of "Roots of
Sustainability" hosted by Jeff Golden. In addition, the Mayor was hosting a community conversation regarding
wildlife in the City of Ashland at the Ashland Library in the Gresham Room at 7:00 p.m.
CONSENT AGENDA
1. Does the Council accept the Minutes of Boards, Commissions, and Committees?
2. Does the Council wish to approve a Liquor License Application from Vin Mehta dba Taj Indian
Cuisine at 31 Water Street?
3. Does the Council wish to approve a Liquor License Application from Marlene Webb dba Ashland
Bistro Cafe at 38 E Main Street?
4. Should the Council continue the public hearing on adoption of ordinances adding Chapter 18.36
Water Resources Protection Zones to and modifying Chapter 18.62 Physical and Environmental
Constraints of the Ashland Land Use Ordinance (ALUO), amending the Ashland Comprehensive
Plan to include a Water Resources Map and revising the Floodplains Map, and adopting the Local
Wetlands Inventory (LWI) as a technical study from March 3,2009 to April 21, 2009?
5. Should Council approve a resolution authorizing the Administrative ServicesIFinance Director to
refinance the remaining portion of the bank loan used to fund T -hangar construction in 2004?
6. Will Council endorse a letter in support of two federally earmarked ODOT projects on Interstate 5
in Southern Oregon?
7. Will the Council consider selecting street overlay projects as a top priority for the anticipated
transportation-related federal economic stimulus package funds?
8. Does the Council wish to authorize the City Administrator to send a letter to Ashland Community
Hospital (ACH) that waives the City's right to terminate the Facilities lease and resume
responsibility for operation of the Hospital?
- r
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u'-~ t ,,! !1, '.
Councilor Chapman requested that consen~neX be removed for discussion.
ASHLAND CITY COUNCL MEETING
March 3, 2009
Page 2 of8
Councilor Lemhouse/Chapman m/s to approve Consent Agenda items 1-5 and 7-8. Voice Vote: all
AYES. Motion passed.
Councilor Chapman voiced his concern regarding safety issues associated with these projects and was opposed
to spending up to $100 million on another interchange. He preferred that the Council take no action by not
sending a letter of support for these Oregon Department of Transportation (ODOT) projects.
City Engineer Jim Olson clarified this was a $75 million project that involved two phases. These include
signalization on both sides of the freeway and relocation of the Fern Road. He stated that there are significant
traffic challenges and without safety improvements, conditions would degrade within 10 years. The second
phase of the project has been underway since 2004 and meetings with all the major stakeholders have
consistently occurred since that time. He expected the City of Ashland would experience similar situations in
regards to Exits 14 and 19. He confirmed that residents of the City of Phoenix have been deeply involved and
that a majority of funds had been received. He explained that the letter of endorsement from all entities is
being sought by ODOT and anyone with interest is invited to comment. He clarified that the City of Ashland
has not been involved in the planning aspect of this project.
Councilor ChapmanN oisin m/s that Council take no action on the matter. DISCUSSION: Councilor
Lemhouse understood the concerns, but because this project is in the second phase and monies have been
committed, it was important to move forward. He felt that this project would provide needed employment and
supported the efforts of those that have been involved. Councilor Silbiger noted the controversy regarding Exit
24 is more on the "where" rather than the "if' and that those involved understood the need. He did not see any
harm in sending a letter of support.
Roll Call Vote: Councilor Chapman, Voisin, YES; Councilor Lemhouse, Silbiger, Jackson and
Navickas, NO. Motion failed 2-4.
Councilor Lemhouse/Jackson m/s to approve consent agenda item #6. Roll Call Vote: Councilor
Lemhouse, Silbiger, Jackson and Navickas, YES; Councilor Chapman and Voisin, NO. Motion passed
4-2.
PUBLIC HEARINGS (None)
PUBLIC FORUM
UNFINISHED BUSINESS
1. Does the Council wish to adopt criteria for prioritizing City services and programs-duringtbe- FY
2010 Budget Process?
City Administrator Martha Bennett commented that these criteria would be used internally by staff when
developing the budget. Comments by Council on the criteria were sought by staff. She shared the process in
which the criteria were determined in that these are the things that the City needs to protect as opposed to
things that may be cut. The intent was to speak positively rather than negatively.
Council voiced support for the category of .priorities and the approach that staff had taken. Ms. Bennett
clarified that the "local control" under the category "Lower Priority" had to do with decisions made involving
other jurisdictions and provided some examples. She explained that there would be opportunity to make .
changes on the proposed criteria during the budget process with the Citizen's Budget Committee. It was noted
that the critical point was in giving staff direction and consensus was voiced that this was a good starting point
on prioritization.
Councilor V oisinlLemhouse m/s to adopt the criteria as proposed. DISCUSSION: Ms. Bennett clarified
INVOICING PROCEDURES
Re: Taxable Current Refunding Note Purchase Contract No. N003589
with
The City of Ashland, Oregon
Please provide us with the name, address, and phone number of the appropriate personnel
we can contact regarding invoicing and payments:
(Name of Contact) Lee Tuneberg, Finance DiOrector
(Address) 20 East Main Street
Ashland, Oregon 97520
(Phone)
541/552-2003
(FAX)
541/488-5311
(E-mail)
tuneberl@ashland.or.us
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