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2012-0501 Council Mtg PACKET
CITY OF ASHLAND Imoortan : Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written comments to the Council on any item on the Agenda,unless it is the subject of a public hearing and the record is closed. Time permitting,the Presiding Officer may allow oral testimony. If you wish to speak,please fill out the Speaker Request form located new the entrance to the Council Chambers. The chair will recognize you and inform you as to the amount of time allotted to you,if any. The time granted will be dependent to some extent on the nature of the item under discussion,the number of people who wish to speak,and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL May 1, 2012 Council Chambers 1175 E. Main Street Note: Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [AMC 2.04.030.E.) 6:45 p.m. Executive Session for Labor Negotiations pursuant to ORS 192.660(2)(d). 7:00 p.m. Regular Meeting I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. COMMUNICATION FROM THE CITY RECORDER RE: MAYOR'S VETO OF GREEN CODES ORDINANCES V1. APPROVAL OF MINUTES 1. Study Session of April 16, 2012 2. Executive Session of April 17, 2012 3. Business Meeting of April 17, 2012 VII. SPECIAL PRESENTATIONS & AWARDS 1. Proclamation and Presentation of May as National Historic Preservation Month 2. Proclamation of May 5-12 as Ashland Firewise Week and May 6 as Firewise Clean- up Day 3. Proclamation of May 14-20 as American Craft Beer Week VIII. CONSENT AGENDA 1. 2012 Annual Appointments to Boards, Commissions, and Committees 2. Approval of a contract amendment in excess of 25 percent for architectural design service for the remodel of the Police station 3. Approval of a Quitclaim Deed to terminate a public utility easement 4. Request for sewer connection to a business located outside the city limits 5. Approval of a Liquor License Application for Brad.Boucher dba Sauce 6. Approval of a Liquor License Application for Brian Dunagan dba Ashland Wine Cellar 7. Approval of a Liquor License Application for Susan Means dba Milagros Fresh COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT WW W.ASHLAND.OR.US Mexican 8. Appointment of Victoria Law to the Historic Commission 9. Amendment to contract with JBR Environmental Consultants for additional work required on the Wetlands Delineation at the Ashland Gun Club 10. Approval of a special procurement for forestry and education in Siskiyou Mountain Park by Lomakatsi Restoration Project 11. Approval of an IGA with Jackson County Community Justice for supervised work crews IX. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the public hearing. All hearings must conclude by 9:00 p.m., be continued to a subsequent meeting, or be extended to 9:30 p.m. by a two-thirds vote of council (AMC §2.04.050)) 1. Two resolutions regarding Water and Wastewater utility rates. X. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all people wishing to speak to complete their testimony.) [15 minutes maximum] XI. UNFINISHED BUSINESS None. XII. NEW AND MISCELLANEOUS BUSINESS 1. Approval of an IGA between Oregon Department of Transportation and City of Ashland for the development of the Normal Avenue neighborhood plan 2. FY 2011-2012 Quarterly Financial Report for January— March 2012 3. Energy efficiency incentive program allocation for SOU housing and dining project XIII. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Second Reading of ordinance titled, "An Ordinance Adding New Sections 18.08.662 and 18.08.636 to the Definitions Chapter (18.08) of the Ashland Land Use Ordinance and Amending the Historic District Design Standards and Downtown Design Standards of the Site Design and Use Standards for Greater Clarity and Consistency with the Secretary of the Interior's Standards for Rehabilitation" XIV. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XV. ADJOURNMENT In compliance with the Americans with Disabilities Act, it you need special assistance to participate in this meeting, please contact the City Administrators office at(541)488-6002(TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting(28 CFR 35.102-35.104 ADA Title 1). COUNCIL 1AE.ETiNGS ARE BROALKCAST LIV E ON C•IIANNEL 9 VLSIT THE C IT 17l,)1= ASI-1LAND'S WRB SITE AT WWW.ASHLAND.t_)R.1i U11 Y t.UUNt:1L 61 UUY J,h6WUN April 16, 2012 Page 1 of 3 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL April 16, 2012 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:31 p.m. in the Siskiyou Room. Councilor Silbiger, Morris, Slattery, and Voisin were present. Councilor Lemhouse arrived at 5:38 p.m. Councilor Chapman was absent. Mayor Stromberg moved the Discussion of the Conservation Commission Report from number 3. on the agenda to 2. 1. Look Ahead Review City Administrator Dave Kanner reviewed items on the Look Ahead. 2. Discussion of Conservation Commission Report. Moved to position 2 Conservation Commission Chair Jim McGinnis submitted a corrected brochure into the record and referenced the January 26, 2011 letter to Council asking for support regarding four environmental goals: 1) Adopt land use codes, building codes, green building standards, and fee structures that creates strong incentives for development that is energy,water, and land efficient and supports a multi- modal transportation system. The Conservation Commission recommended a minimum LEED Silver certification for new City buildings and retrofits. Council noted actual LEED certification was expensive. Additionally, a policy did exist that suggested but did not require LEED Silver standards. 2) Develop a concise sustainability plan for the Community and for City Operations • The Conservation Commission will bring in a sustainability framework expert to City Council to discuss the guiding principles and framework for sustainability. This would consist of a two- hour meeting and involve Council, Commission members and interested public. • Conservation Commission will recommend and ask the City Council to adopt an Ashland Sustainability Resolution that sets the foundation for sustainable City government operations. • The Conservation Commission will further research other Oregon City's Sustainability Plans and provide feedback to the City of Ashland. • The City of Ashland will develop a City Operations sustainability plan with support and input from the Conservation Commission's research. • The City of Ashland will appoint a Sustainability Program Manager to work across all City Departments. This position could be part time, part of a job description or combined with the Conservation Manager. • Continue to educate and enforce anti-idling ordinance 2882 for city vehicles operations. Chair McGinnis confirmed this rule applied to city vehicles only, and exempted public safety and emergency vehicles. 3) Develop a strategy to use conservation and local renewable sources to meet Tier 2 power demands. • Pending 4) Implement specific capital projects and operational programs to ensure that City facilities and operations are a model of efficient use of water • Pending Road Diet Environmental Impact Study(EIS) The Conservation Commission recommended an EIS on the proposed North Main Street Road Diet U17 c vurvuL si UL)r se.61vn April 16, 2012 Page 1 of 3 because additional green house gas and idling issues could result from the project. Conservation Commissioner Tom Beam explained they based the recommendation on Public Works calculations that it would take a car 2.2 seconds per mile, per car to move through North Main. With an average of 11,700 trips a day, they believed the amount of green house gas would increase from idling vehicles. Mayor Stromberg suggested adding the issues to the criteria that would determine whether the Road Diet was a success or not and confirmed it was a one-year experiment. City Administrator Dave Kanner explained the goal was to have the Road Diet in place by the start of school next fall. However, there were some issues in acquiring right of way property for the Wimer-Hersey intersection realignment. Once that was resolved, he estimated the realignment would take three months to complete. The actual striping for the road diet would take two days. Staff intended to create baseline travel and wait times at the cross intersections for before and after measurements. Council thought adding data points were fine but did not think an EIS was necessary. The 6 points addressed in the letter were not measurable. Other Council comments thought pushing the project out a year would allow time to collect a full set of data but would require confirmation from the Oregon Department of Transportation (ODOT) they would hold the funds for restriping. Chair McGinnis added the Commission had funding for the Sustainability Principles consultant through June 30,2012 and wanted to allocate funds towards that training. Council wanted information regarding LEED Silver certification and retrofits as a possible resolution and what the threshold for LEED Silver certification was regarding retrofits, remodeling and maintenance. Council directed staff to add the four points and relating bullets recommended by the Conservation Commission to the Council Goals as part of the greater plan, with the understanding they were recommendations only. Council could add them to the Goals as action items via a motion at a future Council meeting. 3. Discussion of Closing the feedback loop with the City Administrator. City Administrator Dave Kanner addressed six recurring points that resulted from individual conversations he had with Council. 1) The Council does not find much value in the regular written communication tools provided by staff except for the look-ahead. Council consensus approved the new Council Communication format. 2) The study sessions are unproductive and too often involve simply receiving staff reports. The study sessions need to be improved. Council could structure the Study Session making them more informal and make decisions by giving direction to staff. State statute refers to a decision as a final action that would be an ordinance or resolution. Building census on information for staff to bring back to Council was appropriate. Mr. Kanner considered consensus a general agreement and not unanimity. City Attorney Dave Lohman explained Council Rules stated Council could make decisions during a Study Session but not final decisions and suggested it might be useful to amend the ordinance to reflect that. Council discussed televising Study Sessions. Supportive comments included it would increase transparency and stifle innuendo and potential misinterpretation. Opposing comments shared examples where televising Study Sessions impaired the ability to have informal, real discussions and debate. Council did not reach consensus but Mr. Kanner would research televising costs and feasibility. 3) The Council believes the number of board and commission meetings have become unmanageable. Cl I Y cUUNCIL 31VVY stsWuN April 16, 2012 Page 3 of 3 and 4) The role of the Council liaisons is not clear. Council discussed having dedicated time on the agenda for Commission Liaison reports, possibly from 10:00 p.m. to 10:30 p.m. Other suggestions included having individual Commissions provide reports at Council meetings, outsourcing Commission minutes for transcribing and increasing efficiency during Council meetings. Mr. Kanner noted .there were 21 Commissions and all were required to provide an annual report to Council and suggested having one Commission attend each meeting throughout the year. 5) There was frustration expressed with the Comment to the Council list sery and a desire that we create a way for citizens to contact the Council through the web site without having to post something on the list serv. Mr. Kanner explained the listsery link was still active as a public forum but no longer accessible on the website. Council could subscribe to the listsery but were not obligated. A new comment to the Council email replaced the listsery on the website so individuals could contact the Council directly. A slight majority of Council supported retaining the listsery as a public forum on the condition the public knew Council might not read the comments posted. 6) There is frustration with the Council rule that requires an item to be placed on the Council agenda upon request from just one Councilor. Council discussed the results that occurred when a single Councilor added an agenda item to the main agenda without notifying the remainder of the Council leaving them no time to prepare or research the item or be ready for public discussion, even though the action followed Council Rules. Council suggested discussing agenda items submitted by one Councilor in a Study Session prior so everyone was aware and informed. Opposing comments thought it would diminish Council power. Supportive comments noted Council was a policy making body, and in order to maintain good group dynamics, it was beneficial to discuss proposed agenda items during a Study Session first or have the initiating Councilor contact the rest of Council individually. Mayor Stromberg asked Council what constituted a political agenda item that was unacceptable. Council stated adding a controversial item to the agenda, not informing the rest of Council so they could study the issue, then having people misinformed regarding Council's stance constituted political. Mayor Stromberg would bring back sample guidelines on how Council communicated with each other. Council agreed that if they thought a Councilor broke a Council Rule, the first step would be contacting that Councilor directly and that Councilor needed to be willing and available to that discourse. Council needed to communicate honestly with each other and trust what they had to say. Councilor Slattery left the meeting at 7:58 p.m. Council added Councilors should confront each other personally if there were problems and ensure what they relay to the public regarding Council was accurate. 4. Other business from the Council. Item not discussed. Meeting adjourned at 7:54 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder ASHLAND CITY COUNCIL MEETING April 17, 2012 Page I of MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL April 17,2012 Council Chambers 1175 E. Main Street 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, M6rris, Lemhouse, Slattery, Silbiger, and Chapman were present. APPROVAL OF MINUTES The minutes of the Study Session of April 2, 2012, Regular Meeting of April 3, 2012, Executive Session of April 9, 2012 and Study Session of April 9, 2012 were approved as presented. SPECIAL PRESENTATIONS& AWARDS Mayor Stromberg presented the Annual Ragland Volunteer Spirit Award to Joan Spear. The Mayor's proclamations regarding April 15 - 21 as Independent Media Week, April 20 as Ashland-Lithia Springs Rotary Day, and April 30- May 6 as Mediation Week were read aloud. Councilor Lemhouse introduced Tamara Anderson,the Math Teacher from Ashland High School who presented the top math students that participated in the Student Tutor Center. CONSENT AGENDA 1. Approval of the minutes of the Boards,Commissions,and Committees 2. Appointment of Mike Morris as Liaison to the Homeless Steering Committee 3. Appointment of Colin Swales to the Transportation Commission 4. Approval of a contract amendment in excess of 25% for the Bluebird Park Stairway Replacement Project 5. Endorsement of SOPride event for the purpose of hanging a banner 6. Approval of Recommendation of the Public Art Commission 7. Acceptance of a Certified Local Government Grant from the State Historic Preservation Office for the continued operation of the City of Ashland's historic preservation program 8. Approval of contract with Ausland Group for construction of Fire Station#2 Councilor Lemhouse requested Consent Agenda Item number 6 and Councilor Morris requested Consent Agenda Item number 3 be pulled for discussion. Councilor Slattery/Morris m/s to approve Consent Agenda items #1, 2, 4, 5, 7 and #8. Voice Vote: all AYES. Motion passed. Councilor Lemhouse pulled the approval of the Public Art Commission recommendation to change the wording per City Attorney Dave Lohman's advisement. He added the bronze casting would replace the wood sculpture and the City would donate the wood sculpture to a government entity. Councilor Lemhouse/Chapman m/s to accept the recommendation of the Public Art Commission to accept a gift of a bronze sculpture replica of the wooden sculpture"We Are Here" and donate the current sculpture to a government entity or non-profit.Voice Vote: all AYES.Motion passed. Mayor Stromberg explained terminating and reappointing Colin Swales to the Transportation Commission was a special circumstance. The Mayor and Councilor Chapman wanted Mr. Swales to continue his work on the ASHLAND CITY COUNCIL MEETING April 17, 2012 Page 2 of 9 Transportation System Plan(TSP)even thought he was absent from the Commission for two months. Councilor MorrisNoisin m/s to approve Consent Agenda item #6.Voice Vote: all AYES.Motion passed. PUBLIC HEARINGS 1. Adoption of a resolution levying special benefit assessments for the Liberty Street Local Improvement District No. 88 and adoption of findings. Engineering Services Manager Jim Olson explained this was the concluding action for the Liberty Street Local Improvement District (LID). The Public Hearing provided an opportunity for the public to voice objections to the assessment and the assessment district. Following the Public Hearing, Council needed to approve the Resolution and Findings. Public Hearing Open: 7:24 p.m. Public Hearing Closed: 7:24 p.m. Councilor Silbiger/Morris m/s to Resolution#2012-10. A Resolution Levying Special Benefit Assessments in the Amount of $115,522.00 for the Liberty Street Local Improvement District for Improvements to Liberty Street Consisting of Grading, Paving, and Construction of Sidewalks, Curb, Drainage Improvements, and Other Associated Improvements. And adoption of Findings which will include the actions on April 17, 2012. Roll Call Vote: Councilor Voisin, Morris, Lemhouse, Slattery, Silbiger, and ,Chapman,YES. Motion passed. PUBLIC FORUM Ken Khosroabadi/2371 Ashland Street/Explained he was a business owner and was incredulous the City had sent him several letters regarding a banner at one of his businesses and frustrated when he tried but was unable to meet with City staff regarding the issue. Mayor Stromberg assured Mr. Khosroabadi the City Administrator would meet with him. Lisa Beam/21 South 2"d Street/Represented the Ashland Chamber of Commerce and submitted a report of responses from the survey the Chamber conducted of downtown businesses and their experience with transient and panhandling behavior. She also submitted an email into the record from a visitor that intended to move to Ashland and open a small business but did not because of the aggressive behavior of transients and panhandlers she experienced during her past three visits. Allen Drescher/21 South 2"d Street/Spoke as the attorney for the Ashland Chamber of Commerce, submitted a letter into the record supporting the Chamber's survey, and compared his experiences dealing with transients as a Judge in 1975 to present times. He asked Council to take the survey seriously and alleviate the problem. NEW AND MISCELLANEOUS BUSINESS 1. Award of 2012 Community Development Block Grant Funds Housing Program Specialist Linda Reid explained Ashland participated in the Community Development Block Grant(CDBG) program administered by the Department of Housing and Urban Development(HUD). The City received an annual allocation of funds to support activities that predominantly benefit low and moderate-income populations within the community. For 2012, the City received an allocation of$164,556 and four applications in response to their Request for Proposal (RFP), 2 applications for Social or Direct Service activities and 2 applications for Capital Improvement projects. Exclusive of CDBG funds used for program administration, the City could award the total remaining allocation of$131,645 to capital improvement projects. Of the total allocation, the City could award up to 15% or$24,000 in support of Public Service activities. The Housing Commission recommended the following awards: 1. $14,000 to St. Vincent DePaul Home Visitation proposal to fund emergency rental assistance. 2. $10,000 to Maslow Project for outreach and case management of homeless youth enrolled in the ASHLAND CITY COUNCIL MEETING April 17, 2012 Page 3 of 9 Ashland School District. 3. $80,000 to Living Opportunities ACES remodel Capital Improvement proposal. 4. $87,000 to Ashland Emergency Food Bank (AEFB) pending result of their fundraising efforts that will include a second application for the 2013 CDBG RFP. The Housing Commission was asking Council to amend the 2010-2014 Consolidated Plan to allow three projects in a program year instead of two. Staff recommendation varied from the Housing Commission and reflected the Consolidated Plan policy of one Public Service and one Capital Improvement activity. Staff recommended awarding the entire Public Service amount to St. Vincent De Paul rather than splitting the Public Service funds between the two applicants. The remainder of staff's recommendation was consistent with the Housing Commission. Councilor Lemhouse recused himself due to conflict of interest regarding the Ashland Emergency Food Bank and left the room at 7:43 p.m. Housing Commission Chair Regina Ayars explained the Commission split the funds to support the Maslow Project and encourage social service agencies operating in Ashland to apply for CDBG funds. Rich Hansen/Representing St.Vincent DePauVrhanked the Council for past grant awards and shared how the money assisted families in'Ashland and helped three families transition out of homelessness. He went on to explain their services and the processes used assisting people in need. Jim Gochenour/Steve Daws/Representing Living Opportunities/Mr. Gochenour introduced himself as the Director of Development for Living Opportunities, shared their mission to support people with developmental disabilities, and provided background on Ashland Community Employment Services (ACES). The $20,000 award would help remodel their building. Mr. Daws, Director of Employment Services added they were serving approximately 22 individuals through ACES currently employed in Ashland. Lacey Renae/Representing Maslow Project/Explained she was the Mental Health Counselor and Art Therapist for the Maslow Project. The Maslow Project provided youth ages 0-21 and their families with basic needs, support services, and assisted 2,050 individuals and 5,700 visits to the Drop-In Center during the past year. The $10,000 grant award would allow Maslow Project to expand hours of services. Cate Hartzell/892 Garden Way/Encouraged Council to-find a way to distribute funding to all the applicants. Ward Wilson/Introduced himself as a Board Member of the Emergency Food Bank, provided history and statistics that included serving 15,000 individuals each year, and distributing 30,000 pounds of food per month for Ashland and Talent. The cost of the building was $475,000, and the Food Bank was in the process of raising funds. He added it might be necessary to come back to Council the following year and ask for another grant award. Ms. Reid explained the Food Bank had a fundraising schedule to apply for grants and staff would set a date to determine whether they should apply in 2013 to close any gaps. If they did not meet that target day of July 2013, staff would reallocate the funds. Councilor Voisin/Slattery m/s to approve the amendment of the 2010-2014 Consolidated Plan to allow CDBG funds to be awarded to up to three projects in a given program year. DISCUSSION: Councilor Silbiger stated that the Consolidated Plan had the deliberate limitations of two projects for good reasons and Council should not change it. Ms. Reid noted it would be a slight administrative burden to have more than two projects but the change could set precedence for the future that might entail more of a burden to staff. Council could readdress the change for the 2015-2019 Consolidated Plan. Councilor Chapman was not comfortable changing the plan. Councilor Voisin wanted to change distribution amounts. Mayor Stromberg commented the Housing Commission supported this change due to the desperate situations some youth were encountering. ASHLAND CITY COUNCIL MEETING April 17, 1012 Page 4 of 9 Roll Call Vote: Councilor Slattery, Voisin and Morris, YES; Councilor Silbiger, and Chapman, NO. Motion passed 3-2. Councilor Voisin motion to award CDBG funding for the 2012-2013 Program year as follows: • $19,000 to the St. Vincent De Paul Home Visitation Program; • $5,000 to the Maslow Project; • $20,000 to Living Opportunity's Ashland Community Employment Services building remodel; • The balance of the funds (est. $87,646) be placed in reserve for the Ashland Emergency Food Bank site acquisition project contingent upon successful fundraising being completed by March 2013 and in recognition that the AEFB may apply for additional CDBG funds in the 2013 CDBG program year as needed to complete the acquisition. Motion died due to lack of a second. Councilor Slattery/Silbiger m/s to award CDBG funding for the 2012-2013 Program year as follows: • $14,000 to the St. Vincent De Paul Home Visitation Program; • $10,000 to the Maslow Project; • $20,000 to Living Opportunity's Ashland Community Employment Services building remodel; • The balance of the funds (est. $87,646) be placed in reserve for the Ashland Emergency Food Bank site acquisition project contingent upon successful fundraising being completed by March 2013 and in recognition that the AEFB may apply for additional CDBG funds in the 2013 CDBG program year as needed to complete the acquisition. DISCUSSION: Councilor Chapman questioned having four projects when the motion passed allowed three. Ms. Reid clarified the AEFB project would not take place until 2013 when they drew on the funds to acquire the building and would require Council approval at that time. Mayor Stromberg summarized three projects would receive funding through the normal routes and the fourth was a conditional allocation and a reservation. Council Voisin commented that the community would receive more services with St Vincent De Paul and strongly supported increasing their funding. Roll Call Vote: Councilor Silbiger, Chapman, Slattery, Voisin, and Morris,YES. Motion passed. Councilor Lemhouse returned to meeting at 8:24 p.m. 2. Approval of the Internet Service Provider Annual Contract Agreement Interim Assistant City Administrator Lee Tuneberg explained the draft Internet Service Providers (ISPs) contract followed the 2005 contract, agreed with items proposed in the business plan and provided guidelines for partnership and reseller relationship. On page 3 of the agreement, 7. Termination, section 7.4 staff replaced "VOIP" with "ISP." Councilor Silbiger/Slattery m/s to approve the Internet Service Provider Annual Cooperative Agreement. Voice Vote: all AYES. Motion passed. 3. Adoption of Water and Wastewater Master Plans. Ashland Water Advisory Ad Hoc Committee (AWAC) member Pat Acklin introduced members and provided Committee history. Committee member Donna Rhee explained the major problems the Committee addressed were redundancy in the water supply and water treatment. Committee member John Williams shared potential solutions: • Options Considered • Options Recommended—Potential Solutions 1. Add a second WTP: $12M 2. New Reservoir-Water Tanks: $8.7M 3. PipeTID: $I.IM 4. Emergency Only TAP: $2.IM 5. Maintenance: $6.6M ASHLAND CITY COUNCIL MEETING April 17, 2012 Page 5 of 9 • Rate Options • Final AWAC Recommendation—Advance Funding By 2018, the current Wastewater Treatment Plant will be unable to meet the 7.5 million gallons a day capacity needed during the summer. The water supply itself would not be enough by 2038. Joe Graff presented on the Wastewater Treatment Plant: Wastewater System Improvements& Wastewater Financial—$10.8M Total Cost: A. $1.7M - Tree Plantings will protect Bear Creek from solar exposure and offset the warmer water that is reintroduced to the creek. B. $4.1 M-Additional pipes will parallel Bear Creek and aid future capacity and needs. C. $4.1 M -Extra Oxidation ditch to handle expected increase in wastewater flow. D. $.9M - Cleaned water outfall relocated from Ashland Creek to Bear Creek, where it can mix with a greater volume of water. Four Person Family Scenarios • 2012 May Water: $73, Wastewater: $23 • 2014 May Water: $89, Wastewater: $28 • 2016 May Water: $106, Wastewater: $34 • 2018 May Water: $113, Wastewater: $39 • 2020 May Water: $120, Wastewater: $43 • 2021 May Water: $123, Wastewater: $45 Councilor Lemhouse/Slattery m/s to adopt the Water and Wastewater Master Plan as recommended by AWAC and the Wastewater Technical Review Committee. DISCUSSION: Councilor Lemhouse thanked the Committee for their efforts. Even though the increases were painful, it was important that Council take responsible action. Councilor Voisin added the Master Plans enabled the City to apply for grants that could reduce fees and thanked AWAC, consultants, and staff. Councilor Chapman did not think raising the base rate was the fairest route. Councilor Silbiger thought Council should discuss base rates and the impact on conservation later. Councilor Morris wanted to see the maintenance and repair side of the plan accelerated, and postpone the construction of new facilities. Roll Call Vote: Councilor Voisin, Slattery, Lemhouse, Morris, Chapman and Silbiger,YES. Motion passed. 4. Discussion of possible wildlife no-feed ordinance. Dr. Frank Lang, Professor Emeritus of Biology at Southern Oregon University (SOU) and Dr. Michael Parker, Professor and Department Chair of Biology at SOU spoke as citizens concerning potential solutions regarding feeding wildlife. They recommended Council investigate a no feed ordinance for wildlife within city limits. The number one recommendation from State wildlife organizations was not feeding wildlife. They shared statistics from the Street Department regarding Dead on Road (DOR) incidents over the past 10 years along with deer-vehicle collision costs. The Missoula MT ordinance language seemed best suited for Ashland. Enforcement would be complaint driven and initially educational. Controlled hunts were ineffective but Great Falls MT had a 40%reduction culling their deer population by baiting, caging, and euthanizing them. Alison Laughlin/717 Roca Street/Submitted written comment to the record. She observed over time, deer exhibited less wild animal behavior and were becoming aggressive. She supported a ban on deliberate feeding and education on non-deliberate feeding. Don Rhoades/51 Scenic Drive/Urged Council to go forward with an anti-feeding ordinance and shared his personal experience with a neighbor who feeds the deer and the negative impact it has on his property. Councilor Lemhouse/Morris m/s to direct staff to draft an ordinance that restricts intentional feeding of wildlife. DISCUSSION: Councilor Lemhouse had concerns with over regulating behavior and wanted an ASHLAND CITY COUNCIL MEETING April 17, 2012 Page 6 of ordinance that dealt directly with intentional feeding of wild animals that was educational. Additionally, he wanted options on culling deer herds. Councilor Chapman wanted the ordinance to be short and concise. City Attorney Dave Lohman clarified an ordinance directed at all wildlife was more complicated. City Administrator Dave Kanner noted State law prohibited feeding wildlife but it did not extend to deer. Councilor Lemhouse would be willing to look at an ordinance directed specifically at deer. Councilor Silbiger summarized the ordinance would not include people with gardens, compost piles, fruit trees, and plants, and would only address a small portion of the actual problem. Voice Vote: all AYES. Motion passed. ORDINANCES.RESOLUTIONS AND CONTRACTS 1. Second Reading of ordinance titled, "An Ordinance Amending the Site Design and Review Chapter (18.72) of the Ashland Land Use Ordinance to Exempt Solar Energy Systems Meeting Specific Standards from Site Review Requirements" And, 2. Second Reading of ordinance titled, "An Ordinance Amending the Definitions Chapter (18.08) and General Regulations Chapter (18.68) of the Ashland Municipal Code and Land Use Ordinance as amended." And, 3. Second Reading of ordinance titled, "An Ordinance Establishing Provisions for the Keeping of Chickens Within Residential Districts, and Repealing Fence Provisions. Within the Health and Sanitation Chapter 9.08)of the Ashland Municipal Code" Senior Planner Brandon Goldman explained there were no changes to the ordinance amending the Site Design and Review Chapter 18.75. The ordinance amending Definitions in Chapter 18.08 and general Regulations Chapter 18.68 allowed eave extensions up to three feet into required setbacks, and removed the word "gutters" in Chapter 18.08. Changes to Chapter 18.68 regarding fence provisions eliminated the 2X2 structural supports in front yards so someone could use 4X4 supports, added in the 85% visibility through front yard fence, 80% in side and rear yard, open mesh no greater that 1.5 inches in the front yard. For rain barrels, staff removed the size limitation, required 6-foot maximum height in the setback areas, three-foot minimum clearance and a new provision that secured rain barrels to a foundation or platform. The ordinance establishing provisions for the keeping of chickens in Chapter 9.08 Health and Sanitation changed the distance to neighboring dwellings from a 75-foot setback to 20-feet. It retained the number of chickens to five but added the stipulation that properties greater than 5,000 square feet, could add an additional chicken per 1,000 square feet. The ordinance would allow the direct sale of surplus eggs but kept the wholesale restriction. Coop size changed to 40 feet or 4 square feet per bird whichever was greater. Chicken runs were now 100 feet or 10 feet per bird whichever was greater. Airtight non-combustible containers for manure storage were required. The ordinance also removed the prohibition of outdoor slaughtering. Coops were required to protect chickens from predators at night but the birds were not required to be in them at night. Mr. Goldman noted the proposed ordinance would require storing feed in a raccoon proof container, manure in airtight non-combustible containers, and new provisions that related to the attracting predators and rodents. Enforcement was complaint driven. Changing the 75-foot setback to 20-feet would allow more households to keep chickens. Bell lamps housed above combustible materials did not meet code and extension cords could not substitute a permanent installation or serve as a regular electric use. Amy Haptonstall/341 Beach Street/Submitted a letter into the record and expressed concern the ordinance for keeping chickens was too restrictive and not friendly enough. The potential problems of sanitation, noise, coop and run measurement requirements invited an enforcement nightmare. Andrew Kubik/1251 Munson Drive/Shared his concern of salmonella incidences with baby chicks and larger chickens. He supported a 75-foot setback from an inhabited home. He referenced the recent chicken coop fires, and explained how a 75-foot buffer would provide space to deal with a coop fire and protect homes. Barbara Christensen/759 Willow Street/Submitted a letter into the record and explained she had lived in her ASHLAND CITY COUNCIL MEETING April 17, 2012 Page 7 of neighborhood for the past 25 years and noticed an abundance of rats that coincided with the increase in people keeping chickens. No matter how well a person took care of the feed and manure, rats came with chickens. She supported the 75-foot buffer. She urged Council to retain the current ordinance as it was. Mr. Goldman explained Council could modify distance from adjoining properties to 20-feet from an adjoining dwelling or 20-feet from a property line. Councilor Lemhouse/Slattery m/s to approve Second Reading of an Ordinance titled "An Ordinance Establishing Provisions for the Keeping of Chickens Within Residential Districts, and Repealing Fence Provisions Within the Health and Sanitation Chapter(9.08) of the Ashland Municipal Code." Councilor Lemhouse/Slattery m/s to amend the motion that the original 75-foot buffer be reinstated within the ordinance. DISCUSSION: Councilor Lemhouse clarified the intention was to retain the remaining changes to the ordinance but.reinstate the 75-foot setback. Mr. Goldman further clarified the change would apply to 18.68.140(C. 4-A)and 9.08.040(C-6), with the setback from a dwelling and not a property line. Councilor Voisin motioned to amend the main motion and in Chapter 9.08 Section C-4 delete: "...and not for the commercial exchange of goods or commodities..." so the sentence read "In residential zones chickens shall be kept for personal use only with the exception of the sale of surplus eggs directly end consumer." Motioned died due to lack of a second. Mr. Goldman read the following section changes to the ordinances: Ordinance amending the Definitions Chapter 18.08 and General Regulations Chapter 18.68 of the Ashland Municipal Code and Land Use Ordinance. • 18.08.616 Rain Barrel: A barrel used to collect and store rainwater runoff from rooftops via rain gutters for non-potable use." • 18.68.010(D) Deer Fencing: 1. Deer fencing may be attached to a permitted front, side, or rear yard fences provided the area in excess of the allowable fence heights per 18.68.010 is designed and constructed to provide a clear view through the fence. a) Within required front yards at least eighty five percent (85%) of the surface shall be unobstructed to both light and air when viewed perpendicular to the plane of the fence. b) Within required side and rear yards at least eighty percent (80%), of the surface shall be unobstructed to both light and air when viewed perpendicular to the plane of the fence. 2. Deer fencing shall have a minimum height of six and a half feet(6'/2') and shall not exceed eight feet(8')above grade. 3. Permitted deer fencing materials may include, woven wire fencing, field fence, "hog panels," wire strand or polypropylene mesh net that is open and visible through the material. Within front yards all mesh material shall have a minimum open diameter of one and a half(1 '/2) square inches. 4. Deer fencing shall be supported by structural supports,or tension wires,that runs along the top of the fence to prevent sagging. 5. Chain link fences shall not be considered to be deer fences under this section even if they meet the criteria above. 18.68.040 Yard Requirements:Add: Eaves and awnings may intrude three feet(3) into required yards. 18.68.140(C)Accessory Buildings and Structures. A chicken coop and a chicken run may be maintained accessory to a single-family dwelling in a residential district provided the following conditions are met: ASHLAND CITY COUNCIL MEETING April 17, 2012 Page 8 of 9 1. No more than five (5) chickens shall be kept or maintained on properties of less than five thousand (5000)square feet in area; 2. No more than one (1) chicken for each one thousand (1,000) square feet of lot area, up to a maximum of twenty (20) chickens, shall be kept or maintained on properties greater than five thousand (5000)square feet in area, 3. No roosters shall be kept on the property at any time. 4. Chicken coops and chicken runs shall be constructed as follows: a) they shall be located within a side or rear yard only, and shall be at least seventy-five (75) feet from dwellings on adjoining properties. b) structures shall not exceed six(6) feet in height. c) chicken coops shall not exceed forty(40) square feet in area,or four(4)square feet per chicken, whichever is greater. d) chicken runs, as enclosed outdoor structures, shall not exceed one hundred (100) square feet in area,or ten(10) square feet per chicken,whichever is greater. c 5. The keeping of chickens, and the maintenance of their environment, shall be in accordance with Keeping of Animals chapter of the Ashland Municipal Code(Ch. 9.08.040). 18.68.140(E)Accessory Buildings and Structures Rain barrels may be located within required side or rear yards provided such installation and operation is consistent with other provisions of this Title or the Ashland Municipal Code,and as follows: 1. Rain barrels shall not exceed six(6) feet in height; and 2. Rain barrels shall be located so that a minimum clear width of three (3) feet is provided and maintained between the barrel and property line; and 3. Rain barrels shall be secured and installed on a sturdy and level foundation,or platform,designed to support the rain barrel's full weight. 4. Every attempt shall be made to place rain barrels so that they are screened from view of adjacent properties and public streets. Ordinance establishing provisions for the keeping of chickens within residential districts, and repealing fence provision within the Health and Sanitation Chapter 9.08 of the Ashland Municipal Code. 9.08.040(C) Keeping of Animals: No person shall keep or maintain poultry within seventy-five (75) feet of another dwelling, "except that chickens may be kept or maintained provided each of the following requirements is continuously met inside the buffer zone: 1. No more than five (5) chickens shall be kept or maintained on properties of less than five thousand (5000)square feet in area; 2. No more than one (1) chicken for each one thousand (1,000) square feet of lot area, up to a maximum of twenty (20) chickens, shall be kept or maintained on properties greater than five thousand (5000) square feet in area, 3. No chickens shall be allowed on properties containing multi-family complexes,including duplexes; 4. In residential zones,chickens shall be kept for personal use only and not for the commercial exchange of goods or commodities with the exception of the sale of surplus eggs directly to the end consumer. 5. No roosters shall be allowed; 6. Chickens must be secured at all times and located at least seventy five feet (75') from dwellings on adjoining properties: a. During non-daylight hours a secure chicken coop shall be provided to protect chickens from predators; b. During daylight hours, chickens shall be located in a chicken run that meets the requirements of AMC 18.68.140(0)(2)or in a securely fenced backyard; ASHLAND CITY COUNCIL MEETING April 17, 2012 Page 9 of 9 7. To protect public health, the areas in which chickens are kept must be maintained in compliance with AMC 9.08.060 and the following requirements: a. Chicken feed must be kept in rodent- and raccoon-proof containers; b. Chicken manure must be collected, stored, and removed from the property on a regular basis in accordance with the following requirements: i. All stored manure shall be within a non-combustible, air-tight, container and located in accordance with the Oregon Fire Code relating to the outdoor storage of combustibles; ii. No more than one 20-gallon container of manure shall be stored on any one property housing chickens; and iii. All manure not used for composting or fertilizing shall be removed; 8. Chicken coops and runs shall be built in compliance with AMC 18.68.140(C)(2) and with a)l applicable building and zoning codes; 9. The requirements of AMC 18.20.020(D) regarding of the keeping of livestock shall not apply to the keeping of chickens or the buildings and structures that house chickens. 10. Noise resulting from the keeping or maintaining of chickens must not exceed the limitations set forth in AMC 9.08.170." Roll Call Vote on the Amendment: Councilor Voisin, Lemhouse, Slattery, YES; Councilor Morris, Silbiger,and Chapman,NO. Mayor Stromberg broke the tie with a YES vote. Motion passed 4-3. Roll Call Vote on main motion for the Keeping of Chickens, repealing Fence Provisions in Chapter(9.08) of the Ashland Municipal Code as amended. Councilor Slattery, Lemhouse, Morris, and Silbiger, YES; Councilor Chapman and Voisin,NO. Motion passed 4-2. Councilor Morris/Slattery m/s to approve Ordinance#3058 Amending 18.72 Solar Energy Systems. Roll Call Vote: Councilor Silbiger, Chapman, Voisin, Slattery, Morris and Lemhouse, YES. Motion passed. Councilor Morris/Slattery m/s approve Second Reading of an ordinance titled;An Ordinance Amending the Definitions Chapter(18.08) and General Regulations Chapter (18.68) of the Ashland Municipal Code and Land Use Ordinance as amended. Roll Call Vote: Councilor Morris, Silbiger, Lemhouse, and Slattery,YES; Councilor Voisin,and Chapman,NO. Motion passed 4-2. 4. Second Reading of an ordinance titled,"An Ordinance Repealing AMC Chapter 10.24 Fireworks and Amending AMC Chapters 15.28.070 Amendments to the Oregon Fire Code and 15.28.100 Penalties" Councilor Voisin/Silbiger m/s to approve Ordinance #3059. Roll Call Vote: Councilor Silbiger, Lemhouse,Slattery,Voisin,Morris and Chapman,YES. Motion passed. ADJOURNMENT Meeting adjourned at 10:30 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor PROCLAMATION Historic preservation is an effective tool for managing growth, revitalizing ry neighborhoods, fostering local pride and maintaining community character while enhancing livability- ➢°� Q �i E�6 • The historic houses and buildings of Ashland help make our City unique and provide links with aspirations and attainment of the City's pioneers and their descendants. w, These fine examples of Nineteenth and Twentieth century buildings contribute ➢°� Q to an appreciation of our heritage. b� S o Historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic ➢oo �� ➢ backgrounds. r oc� It is important to celebrate the role of history in our lives and the contributions made by dedicated-.individuals in helping to preserve the tangible aspects of the heritage that ft shaped us.as a people. Discovering America's Hidden Gems" is the theme for National Historic D Preservation Month 2012. Ashland has selected May 13 — 19, as Historic P Preservation Week. Ashland's celebrations are co-sponsored by the City of " Ashland's Historic Commission and the National Trust for Historic "Q Preservation. o Q NOW, THEREFORIF the City Council and Mayor, on behalf of the citizens of 6 e Ashland, do proclaim May, 2012 as "National Historic Preservation Month" " and call upon the people of the City of Ashland to join their fellow citizens across D the United States in recognizing and participating in this special observance. Dated this day of 2012 oo Sm ty John Stromberg, Mayor � P ° a t o0 61Q Q Barbara Christensen, City Recorder 00 < Q _ _ \°✓ � yr. ----iiII�[[[[ j�Cd� Cdla�9 o Cepe9 o G�j,,W7C�iq�9 o Cw��9Ccepe9 o CCdG�J Rdla� ({d e9 �/ PROCLAMATION The City of Ashland faces an annual risk of wildfire that can impact homes, 51 businesses and forest and park lands. op Q The City of Ashland recognizes that meaningful preparedness involves �Q multiple stakeholders sharing responsibility for wildfire prevention and 00 preparedness, and endorses the Firewise Communities program to foster the participation and involvement of homeowners, community leaders, and y , #' others in the mission of wildfire preparedness. z �Q • Firewise Communities encourage neighbors working with neighbors to k.,, achieve meaningful and effective defensible space around homes. ➢3 Q QG�0 • Firewise promotes fire-resistant.landscaping and construction materials, oo eoQ maintenance of denfensible space, and community action and awareness. �� • The 2012 Firewise Week theme, "Protect Your Home, Protect Your o Community" serves as a week of awareness for simple and effective actions r that every resident of Ashland can take to help protect their_own homes and r` neighborhoods from home loss to wildfire. THEREFORE, the City Council and Mayor, on behalf of the citizens of Ashland, do hereby proclaim May 5-12, 2012, as: Ashland Firewise Week } Q od lo y � Q and May 6, 2012 as: ➢ �, c �rf Firewise Clean-up Day 1 00 F � in the City of Ashland, and 1 urge all people to protect their homes and i Q neighborhoods by making their homes Firewise by supportmg.the activities and k events throughout the city during this week. Dated this day of , 2012 P d r John Stromberg, Mayor d Q i j Barbara Christensen, City Recorder ti P A A o q o q o \ " A Cam°°ae9 Qdpe9Qd�eD e CCdpe9 a CdpeDCd'EU Ct pe9 CCdlabD a cd�e9 C�°� j n QaAOy G�C'aJ ¢gC�ca (rq�7 ¢�r/atiJ 6�`7aJ ¢qC"�J 6gC'a5J G�VCJ ¢� PROCLAMATION � American Craft Beer Week is annually celebrated in breweries, v � restaurants, and beer stores by craft brewers and home brewers ➢ �Q nationwide; ➢. ° v Q Our local breweries continue to grow their businesses in the city of Ashland and the greater State of Jefferson; � Q American craft brewers employ nearly 100,000 full- and art-time workers and annually generate more than $3,000,000,000 in wages and benefits; 6 0° American craft brewers support American agriculture by purchasing t barley, malt, and hops grown; processed, and distributed in the United D' States; °° And our local breweries are actively involved in the Ashland community y �a ' Y through philanthropy and sponsorship of community events; NOW, THEREFORE, the City Council and Mayor, on behalf of the citizens of a Ashland, herby proclaim May 14 - 20, 2012 as Q "American Craft Beer Week" e And encourage all citizens to support the goals and ideals of American Craft Beer Week, as founded by the Brewers Association, to recognize the significant 6 °° Q contributions of our local breweries to the city of Ashland's economy and to ➢ ` celebrate and appreciate the accomplishments of all craft brewers through events y at our local'breweries. �Q Dated this 1 st day of May, 2012 9 P. Q D �Q John Stromberg, Mayor P ° " Barbara Christensen, City RecorderD ; AV ° � Q � J }�¢d°�9 Cc�peDCVAe3J * Cdp o C�d�e9 o CobDC�vV�D ` Qdpe9Cwp�,9 o Cwlae9 �j CITY OF -ASHLAND Council Communication May 1 , 2012 — Business Meeting 4 2012 Annual Appointments FROM: Barbara Christensen, City Recorder, christeb(a�ashland.or.us SUMMARY Approval of the Mayor's recommendations for the Annual Appointments to the various Commissions and Committees. BACKGROUND AND POLICY IMPLICATIONS: The ending term for most Commission/Board members is April 30, 2012. Proper notice was made in our local newspaper and the City's website on the vacancies. Appointments are 3-year appointments with terms ending April 30, 2015 with exception of the Planning Commission which are 4-year appointments with terms ending April 30, 2016 and the Band Board which are 1-year tenns. Airport Commission Forest Lands Commission Richard Hendrickson - reappointment Albert Pepe - reappointment Dave Wolske - reappointment James Berge— reappointment Stefani Seffinger— new (Parks Liaison) Band Board Historic Commission (All reappointments) Allyson Renwick - reappointment Marvin Belford r Dale Shostrom - reappointment Don Bieghler- Director Samuel Whitford —reappointment Harry Kannasto Doug MacDowell Raoul Maddox Housing Commission (full) David Hoxie Regina Ayars - reappointment Buildings Appeal Board Public Arts Commission Carol Horn Davis - reappointment Dana Bussell - reappointment Royce Duncan - reappointment Margaret Garrington - reappointment Sandra Friend - reappointment Conservation Commission Thomas Beam —reappointment Planning Commission Mark Weir—reappointment Michael Dawkins—reappointment James McGinnis - reappointment Melanie Mindlin —reappointment Troy Brown— new appointment Page 1 of 2 CITY OF ASHLAND Transportation Commission Shawn Kampmann— reappointment Mike Gardiner— reappointment David Young—reappointment Tree Commission Russell Neff— reappointment Casey Roland - reappointment FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: None SUGGESTED MOTION: Motion to approve annual appointinents to the various City Commissions as recommended by Mayor John Stromberg. ATTACHMENTS: Applications received Page 2 of 2 CITY OF -ASHLAND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at- City Hall, 20 E Main Street,or email christelti ashlaoaor.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name Troy J. Brown Jr. Requesting to serve on: Planning (CommissionAebwwni%e&) Address 345 Hemlock Lane,Ashland 97520 Occupation Retired Phone: Home 541-499-4821 Work none Email troybrownjr @yahoo.com Fax 541-482-1249 1. Education Background What schools have you attended? U.C. Berkeley What degrees do you hold? Master of Architecture What additional training or education have you had that would apply to this position? San Jose Mayor's 10year budget planning committee 1997: Seminars on City budget and finaces San Jose 1997: Presentations before many planning commissions 1962 to 2004 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? San Jose Arts Commission 8yrs 1994 to 2001 last 2 years as President San Jose Redevelopment Agency Architectural Selection Committee for new City Hall 1997-1998 College classes on city planning as par of my Masters Degree Project Manager for the San Jose Redevelopment Agency 1998-2002 Seminars on City Agency Administration 1998 Do you feel it would be advantageous for you to have fiuther training in this field, such as attending conferences or seminars? Why?Yes. If the training is specific to this Citys planning process, issues or any new concepts in city planning theory. Otherwise No. I am quite knowledgeable on the planning process and the public committee rules and processes. S 3. lntere Why are you applying for this position? After 7 years in this community I feel that i car and should contribute to my community much as 1 contributed to my community in San Jose, and I should contribute in an area I have knowledge and experience. 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? Yes. Evening. 5. Additional Information How long have you lived in this community? 7 Years Please use the space below to summarize any additional qualifications you have for this position When I look at my 35 years of Architectural Practice in California, my 8 years on the San Jose Arts Commission, my time on the City Budget Comittee, my time on the City's Architectural Selection Committee and my extensive familiarity with Planning Commissions, having made at least 1 presentation per year in front of a Planning Commission in cities from San Francisco to Santa Cruz I feel that I have a real contribution to make to my current community,the City of Ashland. J I have • d add:tionab in a public caoayw for the city of San Insa California as foxms Chair: Guadalupe River Park Sub Committee 1995 Chair Parades and Festivals Task Force 1995-199 Chair: Cultural Plan Committee 1994 I was also a Project Manager for the San Jose Redevelopment Agency for 3 years giving me good experience workng for a public agency responsible to the public.All of this experience allows me to feel I can be a real asset to the Planning Commission. Febuary 1,2012 tore Date 03/24/2011 18:00 541-488-0712 DON STONE PAGE 02/03 CITY OF -ASHLAND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall,20 Ii Main Sheet,or cmail chnstcbrgW*hland onus. If you have any questions, please foci free to contact the City Recorder at 498-5307. Attach additional sheets if necessary. Nameo r/�c n Slon/t% Requesting to serve on:/ 6 A,✓.Vi ,J . (Commission/Committee) Address 3 4 S /fF��✓�y S� Occupation /Q Ti/lH/J Phone:Home 5y/- yQ!-(aFT o Work Emailefn ��f�/°A'K�•�'''� Pax S�f/-t<R37 -p7t L 1. Education Baek mmud What schools have you attended? .mod/�Rq,�tr/S!�,STXVg //Q/i✓�+�� What degrees do you hold? 24 1Ar,4 #rionldt ,4.110 ECO tlotKrcJ What additional training or education have you had that would apply to this position? 2. Related Ezoerlenee What prior work experience have you had that would help you if you were appointed to this position? 40 FAas EXfi`eiG.+�i�nr /.✓ousnP/.4c �t�o� ?tt�� ��ii,G.�Bs9T,A'r 0.✓ .t%SCri2�,��u'r A�111 /1.4 d/, �oUn/vG.,a nt,PJ �ycr�ss/=y�. rQ-4�JsPoa2y",A/icisJ �.or2P�tri/�5' Do you feel it would be advantageous for you to have further training in this field,such as attending conferences or seminars? Why?��S Tfj �tp©HS/s t/ , r Y .S'rfz. 71� rn 03/24/2011 18:00 541-488-0712 DON STONE PAGE 03/03 3. Inte resfs Why are you applying for this position? /a4<�L/br/ TA•FT/o,f,#A1A11t1,a .lzosr/a„�„�.o�,�� rvA geoso ��.fri-���,sr er,acosr�4s/,�.rufl /.G&/K✓� 7/+�AT /.tJ ate t c/YG4s+Es NA.tPGU.I :.err. E rLa9 s►rUIN u/Ci�/��v� 0140.F �.fcsmeJs .9,t/� .d4snlsTic r oQ.g ✓/TEa 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? 5. Ad monallnfot'mation How long have you lived in this community? Please use the space below to summarize any additional qualifications you have for this position - /Ada so A 4.d.0 /D V6-4W5' , , Y=Y=L~ZAJ /'/1ysr2OTioHJ DYAD row 9u*c /Tri Dr" �.a,y�24a/crs�r, Qdy Acs a / eg:, fT ra �y.9crry � u/�,t_l.- � pT /.b�i.,r/roU.c�b inJ�s/ft•F.c%_ /�Y �llS/A� /=1CP/..•P//-�7/,C6 i�1As �' 'd720f� //t�GTN< / CL/AZ.4-T70AJ 70 S9Y %.G/TA jp,4� Date Signature �r, CITY OF MgR9,4 ,ASH LAN D APPLICATION FOR APPOINTMENT TO CITy COMMIS SION COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall,20 E Main Street,or email -nr�stean��r��r�'S If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. a — Name i n Com m i ss ion/C om m inee) Requesting to serve on: Address j ,�� Phone: Homes'`-�=/ i — r�s.?� Occupation Work_ ___ – Email 1*t4 Fax — 1 Education Background — What schools have you attended? What degrees do you hold? /_ /� 1--kll Ile I'S What dditional training or education have you had that would appl to this position?-_ 7 i h Q 2. Related x rience What prior work experience have you had that would help you if you were appointed to this position? / / i �'/ OC f-) 1 /qP Do you feel it would be advantageous for you to have further training(his�teld, such f J as attending conferences or seminars? Why? 3. Interests Why are you applying for this position? 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? — 5. Additional Information How long have you lived in this community? � ) Please use the space below to summarize any additional qualifications you have for this position Date ZT°J nature ��, CITY OF ASHLAND Council Communication May 1 , 2012 City Council Regular Meeting Approval of a Contract Amendment in Excess of 25 percent for Architectural Design Services for the Remodel of the Police Station FROM: Terry Holderness, Police Chief, holdernet @ashland.or.us SUMMARY The City of Ashland Police Department is coming before the Local Contract Review Board for approval of a contract amendment in excess of 25 percent. The amendment is for the architectural services contract associated with remodeling the police station. The Local Contract Review Board is required to grant approval for contract amendments in excess of 25 percent. BACKGROUND AND POLICY IMPLICATIONS: In 2010 the Public Safety Bond Committee appointed by the Council found that the existing Police Department needed to be expanded or replaced and found that the most cost effective way to meet the space needs of the Police Department would be to remodel the Grove for use as a police facility. The Council accepted and adopted the Public Safety Bond Committee recommendations during the council meeting on May 18, 2010. The funding for architectural services for the project was approved by the Council as part of the CIP budget. At the start of the project it was suggested that the consultant architects also perform an analysis for remodeling the existing Police Station. The analysis included a 3000 square foot and 5000 square foot expansion to the existing structure. The recommendation to perform this additional work required a total in change orders of$16,751, raising the total contract amount from $94,020 to $110,771. This represented a 17.8 percent increase in the total contract amount: At this time the City and architect are looking to enter into a contract amendment for an additional $14,664 for work associated with the design for remodeling of the existing Police Station. This change order will increase the total contract amount to $125,435, representing a 33 percent increase over the initial approved amount and requiring approval of the Local Contract Review Board. The additional fee is associated with landscaping requirements, cost estimating and a design change based on a geotechnical analysis of the location associated with the remodel. FISCAL IMPLICATIONS: The architectural design services are being funded by unused funds associated with dispatch contract and this contract amendment will continue to use this funding method. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that Council accept the change order for a contract total in excess of 25 percent for architectural design services as they relate to the police station remodeling project. Page ] of 2 �r, CITY OF ASHLAND SUGGESTED MOTION: Move to accept the contract amendment in excess of 25 percent for the architectural design services for police station remodel. ATTACHMENTS: N/A Page 2 of 2 CITY OF ASHLAND Council Communication May 1 , 2012 Business Meeting Approval of a Quitclaim Deed to Terminate a. Public Utility Easement FROM: James Olson, Engineering Services Manager, Public Works, olsonj @ashland.or.us SUMMARY The-Council is asked to approve a quitclaim deed which would affect a change in alignment of an existing Public Utility Easement (PUE) within West Bellview Subdivision, Phase 2, located at the comer of Bellview Avenue and Siskiyou Blvd. The original easement was created on the common boundary line between lots 24 and 25. The new easement which has already been granted will shift the alignment slightly to the west, away from the boundary line and away from several pine and fir trees. The attached quitclaim deed will extinguish the City's interest in the original PUE. BACKGROUND AND POLICY IMPLICATIONS: The second phase of the West Bellview Subdivision was platted in 1997 with eight random sized lots and multiple easements including drainage, access, and public utility easements. Lots 24 & 25 were created with an adjoining 5-foot wide PUE located on the west side of lot 24 and the east side of lot 25. The two easements are combined to make a 10-foot wide PUE, which is the City's minimum width for that type of easement. Unfortunately, the full l0-foot width of easement is bisected by the common property line, which is problematic if future property owners wish to install a fence on their property line. The subdivision, although created in 1997 was not developed until March of this year. This development included the installation of all required underground utility services to each lot. The existing easement between lots 24 and 25 was moved to avoid several mature pine and fir trees and to eliminate an easement that was split by a property line. Instead, the service lines were installed on an alternative alignment further to the west where clear access was available to Siskiyou Blvd. A new public utility easement has been acquired for the new alignment between the trees. This easement has been accepted by the City and recorded in the Jackson County records. The only remaining action to complete this easement change is approval, by the Council, of the attached quitclaim deed which will terminate the 1997 PUE. Policy: The sale or disposal of public properties is governed under ORS Section 221.725; however, this action does not constitute a sale of City interest as it is merely a change in location of identical easements. Section 221.725 does not apply to this action. Page 1 of 2 �r, CITY OF ASHLAND -FISCAL IMPLICATIONS: There are no fiscal implications of this action other than expended staff time. All document preparation and recording fees will be borne by the developer. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the attached quitclaim deed which would terminate a public utility easement that was dedicated to the City in 1997, on the plat of the second phase of the West Bellview Subdivision. This easement has already been replaced with a re-aligned easement which will preserve several mature pine and fir trees. SUGGESTED MOTION: Move to approve the attached quitclaim deed which will terminate a public utility easement granted to the City in 1997 on the West Bellview Subdivision, Phase 2. ATTACHMENTS: Vicinity and Detail Maps Photos Quitclaim Deed New Easement Document Page 2 of 2 a WZN Aw / � • U v Cd 0 cd ° CZS �g aa•aaaa�.%rown�1 an.�aaa�.niwnol o F • i N AV.a3MIVM AV 113N At 1 l0 •a Jyv I. ,l. I AV.NIV1Nnow,N �0 W � � o Z' I^ N.S Sb9 ✓ y NM pF N o3e N yz II �e� L _ O i I DETAIL MAP — EASEMENT CHANGE EASEMENT SURVEYMAP \ L77N051WAM V1 \ SOUTHWESTQUARTBR OFSRCTTONI4. TOWMEOP 39 S06l ,,RANGIT I EAST WbLAMyTEI MERIDIAN \ CITY OFASRLAND,.)ACKSGIV COUNTY,OREGON FOR d , SIS=0UBELLWEWLLC b \ 23BOSiU" BUdev — Aa6lmd DrcgoB I \S S A 15 30' 1 \ red W.B.S. 2 � isr E1NEw SUBEDNMESs6 \ OS\ \ Y! PROPOSED Ib PROEASEMENT A' P09CD EA \V SEMENT '8" m N JJ'IB'14"E 7\ IO'P.U.E. PER W.B.S. 2 LOT26 ° 41 /0�1 o a. (TO BE VACATED) 3 n LOT25l " F, I PROPOSED 21 I.Jr' / It N SEMfNi 'B" I/ / LOT 24 g 82b / B.J2' 1 1 ON �N 89'IJ:36"W - S1,hB' 20.49;1' Jr/1 )9.9)' M' 1 i U89 '46"W - IOOA6' 1 LOT 23 J ,EASEMINI t• s 974 '4D' IV-V 10297' W m u 52.99 58.00' I I JO ` 87'40'10"W - NOW W yy� 1 iJ 01 PROPOSED — 1 u I u I EASEMENT C' 4' PROPOSEb C� e M u�Wl 6'IWDE P.UL w � i LOTZI 5 o LOT22 2 4111, a1 q' w $_--- 4.--- fA5 MENET ACCESS 1 I, PER W.B.S. 2 1 9' 59.05' 58.00' 1 W S 89'18'46"f - 11405' M 30'. JO . 1 PR0I+E3810NAL SURVEYED HY.' LAND SURVEYOR POLARIS LAND SURVEYING LLC P.O. BOX 459 _ ASHLAND, OREGON 97520 ORTON N (547) 482-5009 v1Amr RAYPYNq DATE. MARCH 22, 2012 u PROJECT NO. 392-06 RENEWAL DATE` 6/l0/2013 Map No. 39 IL 14 CA, Tax lots 7803. 7804. 7805 & 7807 POLARIS LAND SURVEYING Page 4 of 4 �j p' O v y r � t. •L0o.4 a� ,�'��i� rte. �fJ _ ' I� _ � +l, �)�.c•. rI ' p S vt Ilk t any lr Y b f; a ..._ � �.f•� z �' fA ''��+� +':•:.♦}t -}tt��b� r ��x4�Ry i :e n�if �n L�`Xa et+ � - 12�h--�\I.','l�ai� I {}f 1 Or IiL ri•91 r ftl. �. �f K t �, t y'a v�b� �T t t� �} y. 6C�:n t3 10 LO --_�.-.�~• r - � d �� >,. y t lt^ !t { a II ) 1� 7t ttiyr: A > \✓fl; °,��•���� .f., i { fl�l� {f 1. �p 1 • a t �t o i{ •:�f I ✓. �i 'Hk �� +I :>. V :,.! � r >"t tZ. 'f � -✓A i fit./ ' Sk �� �- , ��i�nn�iur���urm�m�pin�uu�ntn� .;•.;, f . _ R P .r% , 1 ,0.. „ I :J• ,.;t � . A+ � t�'b ay �[ t � .j ry.f � t 4 rt t +"'fit,•y G , 41 r. „tint � •N � v o � � •o s '�'- 0 i " o -wt loll / C� 4 C V ' �° `4 it � �. ' \. o L. ..vh � - `•. .•. a 2 .O � .V w � � •'c - G - tai .rt.N_ V y,.{A.p'. ,n O ca 'J��1 S i la'C A,q���4>) `,_. '� 'i• G s�..-f ,�'Q��9:�- 11 4 _ I AFTER RECORDING RETURN/ MAIL TAX STATEMENTS TO: GRANTOR: City of Ashland 20 East Main Sheet Ashland,Oregon 97520 _ GRANTEE: Siskiyou Bellview LLC P.O.Box 306 _ Ashland,OR 97520 QUITCLAIM DEED KNOW ALL BY THESE PRESENTS that the City of Ashland, Oregon, hereinafter called grantor, for the consideration hereinafter staled, does hereby remise, release and forever quitclaim unto Siskiyou Bellview LLC, an Oregon Limited Liability Company, hereinafter called grantee, and unto grantee's heirs,successors and assigns,all of the grantor's right,title and interest in that certain real property,with the tenements,hereditameats and appurtenances thereunto belonging or in any way appertaining,situated in Jackson County,State of Oregon,described as follows,to-wit: SEE EXHIBIT"A"ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE. To have and to hold the same unto grantee and grantee's heirs,successors and assigns forever. The true and actual consideration paid for this transfer,stated in terms of dollars is$0.00. In construing this deed, where the context so requires, the singular includes the plural, and all grammatical changes shall be made so that this deed shall apply equally to corporations and to individuals. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS,IF ANY,UNDER ORS 195.300,195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO H,CHAPTER 424,OREGON LAWS 2007. TIES INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL,AS DEFINED IN ORS 92.010 OR 215.010,TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL,TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS,IF ANY,UNDER ORS 195.300, 195,301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 1 I CHAPTER 424,OREGON LAWS 2007. IN WITNESS WHREOF,the grantor has executed this instrument on 2012;if grantor is a corporation, it has caused its name to be signed and its seal, if any, affixed by an officer or other person duly authorized to do so by order of its board of directors. DATED this day of ,2012. City of Ashland By:John Stromberg,Mayor,City of Ashland,Oregon STATE OF OREGON ) \ ss: County of Jackson ) This instrument was acknowledged before me on ,2012,by John Sh'omberg,as Mayor,on behalf of the City of Ashland,Oregon. Notary Public for Oregon My Commission Expires: ad as to form LAND SURVEYING , LLC r EXHIBIT°A" LEGAL DESCRIPTION—PUBLIC UTILITY EASEMENT VACATION 903 BELLVIEW AVENUE&2370 SISKIYOU BOULEVARD ASSESSOR'S MAP NO.39 1 E 14 CA,Tax Lots 7806&7807 A vacation of that ten(10.00)foot wide Public Utility Easement,over and across Lots 24 and 25 of West Bellview Subdivision,Phase 2,recorded on July 24, 1998 in Volume 24, Page 29 of the Plat Records in Jackson County,Oregon,lying situate within the Southwest Quarter of Section 14,within Township 39 South,Range 1 East of the Willamette Meridian,City of Ashland,Jackson County,Oregon,more particularly described and bounded as follows,to wit; BEGINNING at a 5/8 inch iron pin at the most northerly comer of Lot 24,West Bellview Subdivision,Phase 2,recorded on July 24,1998 in Volume 24,Page 29 of the Plat Records in Jackson County,Oregon;thence South 28°58'28"West,along the northwesterly line of said described Lot 24,said lute also being the centerline of a ten(10.00)foot wide strip of land, being parallel with and five(5.00)feet each side of said described centerline,a distance . of 62.45 feet(Plat Record South 28 058'54"West,62.43 feet),to the POINT OF TERMINUS,with the sidelines of said ten foot strip being lengthened or shortened to terminate at the south lines of Lots 24 and 25 of West Bellview Subdivision,Phase 2. : Prepared by: - . . ........ Shawn Kampmann Professional Land Surveyor - --/ - --------_-- __-- Polaris Land Surveying LLC 5 �4 P.O.Box 459 Ashland,Oregon 97520 —' Pwn9wal Date:6/30113 Date:March 22,2012 SlsurveysU92- Wm adiriew 2�PUE Va ti L< Ldw P. 0. 50x 459, AsAljnd, 0—go, 97520 - Pho ; (541) 452-5009 - Fs (541) 455.0797 Ma Glle: (541) 6013000 .. inr w.pole rlseu...... EXHIBIT B EASEMENT VACATION MAP \ LYTNG SRUATB RTRmV + SOUTHWEST QUARTER OF SECTION L4, \ MWNSZUP39 SOUM RANGE 1 BAST,RMLAAM77BAMRIDL41V \ CITYOFASULAND,JACKSONCOUNTY,OREGON hVR d SISKIYOUBELLWEWLLC . y \ 2300 Sis6jrou Bad.vmd . Ashl—d,OreOoR \ \ SCALE: 1" = 30' S 1 \ P.U.E. - PUWC UTILITY EASEM£Nr \j \W.8.5. 2 - WEST BELLN£W SUBOMSION \ PmsS 2 yo °S\ I •� O J y / \v s9 \�6y, ) b 10'P.U.E. PER W.B.S. 2 q I LOT26 m �(TO BE VACATED) n b LOT2S ' 8 � I I n LOT24 N I ti F O `N H97131`fi IY - 52 I I I I 20.49' 1 79.97' V� N 89148'46' W - 100.461$ I I GOT23 `v I ml 1 w'S S 874b40"W -y 108.97' _3 a Wyy m I 62.99' v �, 58D0' R b 1 30 �1 j1 b 011 � pi o ti To¢�I �7 b1 b b b ° LOT 2] b LOT 22 =1 0 a P I e 2 l ---- ---------- 4 J L- 4 \ FA 1 ~P U E 1 M 9 SR W.B.S. ^g 1 59.05' 8. 0' S 89'48. '46'E - 110.05' ry1y�� I I RECIS'rERRD SURVEYED BY. PROFESSIONAL Lar1n SURVEYOR POLARIS LAND SURVEYING LLC P.O. BOX 459 ASHLAND, OREGON 97520 OREGON (541) 482-5009 suxN luuvwwn DATE. MARCH 22, 2012 PROJECT NO. 392-06 RENEWAL OATS 8/]0/201] Assessor's Map No. 39 IF 14 CA, Tos Lofs 780J, 7804. 7806 & 7807 POLARIS LAND SURVEYING Grantor: Siskiyou Bellview LLC, an Oregon Limited Liability Company 2300 Siskiyou Boulevard Ashland, Oregon 97520 Grantee: City of Ashland A Municipal Corporation of the State of Oregon Document to be Returned to: Barbara Christensen, City Recorder 20 East Main,Ashland, OR 97520 True and Actual Consideration: $1.00 Send Tax Statements to: Not applicable PUBLIC UTILITY EASEMENT 1. Grantor owns property described as Lots 21,22, 24&25 of West Bellview Subdivision, Phase 2, more particularly described as portions of Tract B described within Instrument No. 2011.009335 of the Official Record of Jackson County, Oregon, also denoted as being within a portion of Assessor's Map No. 391 E 14 CA, Tax Lots 7803, 7804, 7806&7807, located in the City of Ashland,Jackson County, Oregon. 2_ Grantor grants and conveys to Grantee, for the sum of$1.00, a perpetual, nonexclusive easement to construct, reconstruct, install, use, operate, inspect, repair, maintain and remove public utilities on real property described below and further referred to in this easement agreement as the "Easement Area." The Easement Area is located in Jackson County,Oregon and is described as follows: See Attached Exhibits"A"and"B." 3_ Grantee, its agents, independent contractors and invitees shall have the right of ingress and egress to the Easement Area for the purposes connected with this easement. Grantee shall repair to the extent practicable any damage to Grantor's premises, and any Improvements thereon, resulting from Grantee's work on the premises. 4. Grantee shall provide Grantor reasonable notice prior to performing work in the Easement Area. 5. This easement does not convey any right, title or Interest to the surface of the soil, nor any other rights except those expressly stated in this easement agreement. Grantor shall have the right to use the Easement Area for all purposes not inconsistent with uses and purposes of the property and the easement, provided that Grantor shall not build or place any the structures or plant trees upon the Easement Area without the prior written consent of Grantee. 6. The easement granted herein is appurtenant to the real properties described herein. It is the intent of the parties that the easement granted herein shall run with the land. The easement granted herein shall be binding upon and inure to the benefit of the parties hereto, and their successors and EASEMENT . Page 1 of 1 assigns. 7. This easement is granted subject to all prior easements or encumbrances of record. 8. Grantee hereby agrees to hold and save Grantor harmless from any and all claims of third parties arising from Grantee's use of the rights granted herein. 9. In case of suit, action or proceeding to enforce any rights or conditions of this contract or appeal from said suit, action or proceeding, it is mutually agreed that the losing party in such suit, action, proceeding or appeal shall pay the prevailing party therein a reasonable attorney's fee in such amount as set by the court hearing such suit, action, proceeding or appeal. IN WITNESS WHEREOF the parties hereto have subscribed this instrument this"-4day of ,g A&2012. GRANTOR ✓g By: _` /.�/�= i Sisl you Bellwew By: Allan F. Sandler, President, Sandler Films, Inc. STATE.OF OREGON ). ) ss. County of Jackson ) Personally appeared Allan F, Sandler who, being duly sworn, did say he/she is President of Sandler Films Inc and that said instrument was signed in behalf of said entity and acknowledged said instrument to be its voluntary act and deed. Befo 7RY AL //Jy OSTA LiGw— e N OREGON Notary Public for Oregon C . 444228 My commission expires://y MY CS JAN 29,2014 CITY ACCEPTANCE(ORS 93.808) CITY OF ASHLAND,GRANTEE STATE OF OREGON ) C;, - ) ss. - ��o--ten¢-t,I ��.-,,..,s_� �t012 County otJackson ) 2012 Personally appeared Dave Kanner who, being duly sworn, did say he/she is City Administrator for the City of Ashland, Oregon, and that said instrument was signed on behalf of said city and acknowledged said instrument to be its voluntary act and deed. Before me: & j- 1?2ellJ� ,3 �/�t Notary Public for Oregon My commission expires: � \)\��(Ofl t _.-� � "—'"' OFFICIAL SEAL KRISTINE BECHTOLD NOTARY PUBLIC-OREGON EASEMENT COMMISSION NO. 463852 MY COMMISSION E%PIRES NOyEMBER 27,2015 Page 2 of 4 . LAND SURVEYING, LI- C---------- n. 1. EXHIBIT"A" LEGAL DESCRIPTION PUBLIC UTILITY EASEMENTS 903,907&909 BELLVIEW AVENUE&2370 S15KIYOUBOULFVARD ASSESSOR'S MAP NO.39 1 P 14 CA,Tax Lots 7803,7804,7806&7807 Three strips of Ind to be doglicated to the City of Ashland,Oregon for public utility purposes, over and across portions of Tract B,described within Instrument No.2011-009335 of the Official Records of Jackson County,Oregon,said tract lying situate within the Southwest Quarter of Section 14,Township 39 South,Racge I Ent of The Willamette Meridian,City of Ashland, Jackson County,Oregon,more particularly described and bounded as follows,to wit; BASMONT"A" BEGINNING at a 5/8 inch iron pin at the northwesterly cancer of Lot 25,West Bellview Subdivision,Phase 2,recorded July 24,1998 in Volume 24;Page 29 of the Plot Records in Jackson Counly,Oregon;theme South 00*46'50"West(Plat Record Smith 00'46'23"West), along the war line of said Lot 25,a distance of 16-44 feet;thence North 33°18'14"Ent,leaving said west line,a distance of 13.77 f=t to the southwesterly line of Siskiyou Boulevard in the City of Ashland;theme North 56°05'41"West,along said southwesterly line,a distance of 9.84 feet to the POINT OF BEGINNING. BASEMENT"B" Commencing at at a 5/9 inch iron pin at the northeasterly came,of Lot 25,West Bellview Subdivision,Phase 2,recorded July 24,1998 in Volume 24,Pago 29 of the Plat Records in Jackson County,Oregon;theme North 56°05'41"blest,along the som hwesla,ly line of Siskiyou Boulevard in the City of Ashland,a distance of 10,86 feet to the POINT Or BEGINNING of a ton(10.00)foot wide strip of land,theme South 14'49'00"West,leaving said southwesterly line, a distance of 44.24 feet to the easterly Line of said Lot 25;thence continuing South 14'49'00" West,8.32 feet to the north line of so existing Public Utility Easement as denoted on Elie official plat of said West Bellview Subdivision,Phase 2,theme North 89"13'26'West,along said north line,a distance of 231 feet to said easterly line of Lot 25;thence continuing North 89013'26" • West,along said north H=6 a dislance,of 8.00 fact;theme North 14049'00"East,leaving said north line,a distance of 58.52 feet to the said southwesterly It=of Siskiyou Boulevard;[hence South 56°05'41"East,10.58 feet to the POINT OF BEGINNING. EASEMENT"C" BEGINNING at a the northeast comer of Lot 22,West Del Iview Subdivision,Phase 2,recorded July 24,1998 in Volume 24,Page 29 of the Plat Records in Jackson County,Oregon;theme North 89048'46"West,along the north line of W 22 and Lot 21 of said Subdivision, a distance of 108.97 feet to the cast line Of existing Public Utility Easement as denoted on the official plat of • said Subdivision;thence South 04°1 0'16"East,along said cast line,a distance or6.02 feet; thence South 89*46'48"Ent,parallel with and 6.00 feet adjacent to said north line,a distance of 109.44 feet to the west line of Bellview,Avenue;thence North 00'49'43"Fast,6.00 feet to the POINT OF BEGINNING. Prepared by:' Shawn Kmpmam Professional Land Surveyor Polaris Land Surveying LLC P.O.Box 459 Ashland,Oregon 97520 _3 Date:March 22,2012 Renewal Dale:6/30113 S.�umeysV92A tWmIB61vim2.pUELqlss,,,00 N P. 0. Pox 459, Aahland, Oea#on 91620 pho"; (541) 460.5003 A fig: f541) 4A6.0797 1541) 601-3000 Page 3 of 4 Q EXHIBIT B rEASM ENT SURVE YAM P \ LYINO SIR]AM W, . \ SOUIHWESTQUA ROFSECITONI4, TOWNSHEP 39 SOV774 RANGBI +.UST WILLAME778 MERIDIAN \ CITY OFASNLAND,JACKSON COUNTY,OREGON FOR d \ S1SKJY0UBELLWEWLLC 9 \ 2300SIs10you BoMj d AsElnac{01e6aa 171 Scal SCA&61 30" PHASE 1�EW SUSE 2 B0MS ssos\ a \`"�, PROPOSED . O1SEM£NI A' � 90 PROP09£O \\V . n) EASENENi 'D' S�9 m N 33'16'14 E �'0'� \ 10'P.UE. PER W.B.S. 2 `\.rq LOT26 m �l s0.�1° (TO BE VACATED) LOT25'Pi /l )r PROPOSED I ; I . I LOT24 � 9^ I" 6.Do, O �N 69iJ'6'W�- 521 g• I . N 99106'46"W- 100.461 1 LOT Z3 J 1FA9£M��lE C"N M S874 '40'W -V 10697' —31 0 1 .61 ;O 6299 5600' 1 o V I X31�L. S BT40'f0'W - /0644' W PROPOSED I EASEMENT C" 5'PROPOSED v l x ly ¢W,I WIOE P.U£. ql ii LOT21 S o LOT22 c�c1 o $ mpA11 ,4 P b NI u Z n V ______ 81 N I W 4 - ' � \`���___i -__ -PRA'AIE ACCESS � NI Q EASEMENT& RUE�/ PLP WAS 2 5 99YB'46'F - 110.o5' JO JO RWISTSINI PI20RESSIONAL SURVEYED BY: LAND SURVEYOR POLARIS LAND SURVEYING LLC P.O. BOX 459 ASHLAND, OREGON 97520 .. oLR6coN (547) 482-5009 �w snnvn11u31vw1w DATE: MARCH 22, 2012 PROJECT NO. 392-06 RENEWµMTE 6/30/2DI3 �� 's MOP Ne. J9 1E 14 G, Tar Wis 790J, 7604, 7606 8 7807 POLARIS LAND SURVEYING Page 4 014 CITY OF ASHLAND Council Communication May 1 , 2012 Business Meeting Request for Sewer Connection to a Business Located Outside the City Limits FROM: James Olson, Engineering Services Manager, Public Works/Engineering, olsonj @ashland.or.us SUMMARY The Ashland School District has requested permission to connect their transportation maintenance building at 135 Mistletoe Road, which is outside the City limits, to the City sewer system in Mistletoe Road. Ashland Municipal Code (AMC) Section 14.08.030 lists the conditions and requirements for connection of properties located outside the City limits but within the Urban Growth Boundary (UGB). This application currently meets or will meet all conditions of the code for connection to the City sewer system. BACKGROUND AND POLICY IMPLICATIONS: Property Use: The Ashland School District facilities on Mistletoe Road consists of a bus parking area and vehicle maintenance and administration building, which has been in operation since the early 1980s. The property is one of ten adjacent parcels of land that are outside the City limits. To annex any one of these parcels individually would create an island, or islands of unincorporated properties, depending upon which properties were annexed. A future annexation should include as many of these properties as possible, however, the Ashland School District is not looking to annex their property at this time. They consider this sewer connection to be an emergency action. Current System Description: The current sanitary sewer situation at 135 Mistletoe Road is extremely urgent and requires a prompt resolution to avoid possible future environmental pollution. The septic system that supports the building is no longer functioning properly. The septic leach system is not dissipating the inflowing sewage and the septic tank is now operating as a temporary holding tank rather than an operating septic system. The Ashland School District is finding it necessary to have the tank pumped out at regular intervals. Oregon Department of Environmental Quality has inspected the system and has declared it to be non- functioning and have required that the property be connected to the City system since an existing public sewer system exists within 300 feet of the property. They will not issue a permit for repair of the existing system if an option to connect to the public system exists. Pagel of 3 A, CITY OF ASHLAND Impact to the City System: The future connection of the School District building will have minimal impact on the City's sewage system. The building contains three bathrooms, including three water closets, four lavatories, and a single eyewash station comprising only 11.5 plumbing fixture units. There are no laundry or shower facilities and the flow generation impact from this building is less than that of a single family residence. Sewer mains in Mistletoe Road are relatively new and have been sized for commercial usage and can this additional flow with no negative impact. Adherence to Ashland Municipal Code 14.08.030 An occupied dwelling or building located outside the City of Ashland and inside the urban growth boundary may be connected to the sewer system when such connection is determined by the Ashland City Council to be in the best interest of the City of Ashland and to not be detrimental to the City's sewerage facilities. Such connection shall be made only upon the following conditions: A. The applicant for sewer service pays the sewer connection fee and the systems development charges established by the City Council. B. In the event a dwelling or building connected to the sewer system is subsequently replaced for any reason, then the replacement dwelling or building may connected to the sewer system of the City as long as the use of the sewer system will not be increased as determined by the Director of Public Works. C. The applicant shall be responsible for the full cost of extending the City of Ashland sewer main or line to the property for which sewer service is being requested. D. The applicant shall secure, in writing, statements from Jackson County Department of Environmental Quality (now DEQ) that the existing sewage system has failed and that the provision of sewer by the City of Ashland does not conflict with the Jackson County Comprehensive Plan support documents, rules, or regulations. E. The applicant furnish to the City a consent to the annexation of the land, signed by the owners of record and notarized so that it may be recorded by the City and binding on future owners of the land. F. The applicant shall provide for the payment to the City by the owners, at the time of annexation, an amount equal to the current assessment for liabilities and indebtedness previously contracted by a public service district, such.as Jackson County Fire District No. 5, multiplied by the number of years remaining on such indebtedness, so that the land may be withdrawn from such public service districts in accord with ORS 222.520 and at no present or future expense to the City. G. The owner shall execute a deed restriction preventing the partitioning or subdivision of the land prior to annexation to the City. H. That the land is within the Urban Growth Boundary. Page 2 of 3 Ir, CITY OF ASHLAND This application can and/or does meet all of the above listed criteria. The owner has been provided copies of the consent to annexations and the deed restriction and is prepared to sign those documents if the council approves this request. Policy: Properties located outside the city limits but inside the urban growth boundary may be connected to the City sewer system as outlined in section 14.08.030 of the Ashland Municipal Code. FISCAL IMPLICATIONS: Property owners with properties located outside the City,limits, who connect to the City sewer system, are required to pay sewer system development fees (SDC). In this instance the property is commercial and is assessed at $124.18 per plumbing fixture unit. With 11.5 fixture units the SDC fee will be $1,428.07 Properties outside the City limits are also charged a monthly fee that is double that of properties within the City limits. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the School District's request to connect their property at 135 Mistletoe Road, to the City sewer system. The application meets all requirements set forth in AMC 14.08.030; there is adequate capacity in the sewer system and there is a financial benefit to the City for the connection. SUGGESTED MOTION: Move to approve the request to connect the property at 135 Mistletoe Road to the City sewer system. ATTACHMENTS: Vicinity Map Photos Communication from Ashland School District Page 3 of 3 i I I A N �" O {i z 7 N y 0o U 3yo� � x z , I f u � 0 y Q d • a�aa.a33M�.NdWI'1 'aa.7133a:).NVWIOLL —nV.a3altlm nn U331 ° f— I D t ° �OJ nv.umiuno w.a • u.Hbo W •r ti Z o- pjtl N ee Sky3k s II ! — O i ° � I fff ' N 1{V .o +Ft fo ; C i 1 i i co r J. b r r A � S a� l _ :Mn . : o � i I w r z � 1 � IT fi �f I � I 1 . II �J li 1 Y r, \I 1 1 I ! f � I 1 I l I I Jim Olson From: Linda Marron [Linda.Marron@ashland.kl 2.or.usl Sent: Friday, March 23, 2012 7:59 AM To: olsonj @ashland.or.us Cc: Gary Sisk; Jill Turner Subject: city sewer hookup for 135 Mistletoe Rd Attachments: 2012_03_23_07_52_04.pdf Mr.Olson: According to the DEQ,they will not approve a permit for a new septic tank at the above address. Their regulations mandate that if the property is located within 300'of a city sewer system,said property must tie into that system. I have attached the regulation document. Therefore,we request to be added to the next City Council agenda in order to begin the process. Feel free to call me if you need any more information or documentation from Ashland School District, I can be reached at 482-1626. Linda Marron Maintenance Secretary \ t Department of F.nrironatented Quality Neater Oaalit, MW.vian 340-071-0160 Permit Application Procedures-- Construction, Installation,Alteration, and Repair Permits (]) Perm inces. A permit for construction of a system maybe issued under this rule only to the owner of the real property that the system will serve. (2)Application.A completed application for a construction -- installation;alteration_ or repair permit must be submitted to the appropriate agent on approved forms with all required exhibits the applicable permit application lee in OAR 340-071-0140(3).Applications that are not completed in accordance with this section will not be accepted for filing. Fxccpt as otherwise allowed in this division, the exhibits must include: (a)A site evaluation report approving the site for the type and quantity of waste to he disposed. Agents may waive the requirement for the report and fee 1-or applications for repair or alteration pemtits. (b) A land use compatibility statement from the appropriate land use authority signifying that the proposed land use is compatible with the Land Conservation and Development Commission-acknowledged comprehensive plan or complies with the statewide planning goals. (c) Plans and specifications fin•the onsite system proposed for installation within the area identified and approved by the agent in a site evaluation report.The agent must determine and request the minimum level of detail necessary to insure proper system construction. (ii) Any other information the agent determines is necessary to complete the permit application. (3) Deadlines for action.The agent most either issue or deny the permit within 20 days aficr receipt of Lie completed application unless weather condition,or distance and LuMailabilily of transportation prevent the agent from timely action. The anent must notify the applicant in writing of any delay and the reason for delay and must either issue or deny the permit within 60 days after the mailing date of notification. (4) Permit denial.The agent must deny a permit if any of the Following occurs. (a)The application contains false information. (b)The application was wronulidly received by the agent. (c)The proposed system would not comply with applicable requirennents in this division or in OAR chapter 340,division 073. (d)The proposed system; tf constricted, would violate a commission moratorium under OAR 340-071-0460. (e)The proposed system location is encumbered as described in OAR '340-071-0131)(8). (f)A sewerage system that can serve the proposed sewage How is both legally and physically available, as described in paragraphs(A)and(B)of this subsection. (A)Physical availabdrtw. (i) A sewerage system is considered available iftopographic or man-made features do not make connection physically impractical and one ofthe fcllowin�, applies. V Onsire Pr(kgr0on page 071-3_ OAR ch. 3d0.dir. 01 1')%vwt8? Department oJEnvironniental Quality (Pater OualUp Division (1)For a single family dwelling or other establishment with a maximum projected daily sewage flow not exceeding 899 gallons,the nearest sewerage connection point from the property to be served is within 300 feet. (11) For a proposed subdivision or group of two to five single family dwellings or other establishment with the equivalent projected daily sewage flow, the nearest sewerage connection point from the property to be served is not further than 200 feet multiplied by the number of dwellings or dwelling equivalents. (111) For proposed subdivisions or other developments with more than five single family dwellings or equivalent flows; the agent will detennbme sewerage availability. (R) Legal availability. A sewerage system is deemed legally available if the system is not under a department connection permit moratorium and the sewerage system owner is willing or obligated to provide sewer service. (5) Permit effective dates. A permit issued for construction ofa system pursuant to this rule is effective foi one year from the date of issuance.After a system has been installed pursuant to the permit and a Certificate of Satisfactory Completion has been issued for the installation- conditions specified in the Certificate of Satisfactory Completion continue in force as long as the system is in use. (6)Permit renewal, reinstatement,or transfer.An agent may renew, reinstate,or transfer a permit if the following conditions are met. (a) The applicant submits a completed application for permit renewal before the permit expiration date or for reinstatement within one year after the permit expiration date. (b) Applications for transfer of a permit from a perminee to another person must be filed before the permit expiration date. Only the name of the pernittee may be changed in a uansfer. (c) Applications for permit renewal, reinstatement, or transfer must conform to the requirements of this rule and the permit will be issued or denied in accordance with this rule. (7)Temporary holding tank. If a permit has been issued pursuant to these rules but existing soil moisture conditions preclude the construction of the soil absorption system; an muent ma}' approve installation of a septic tank for use as a temporary holding tank for up to l2 months. Before approval, the permittee must demonstrate that the outlet of the tank has been sealed with it water light sent and that the pennittee has entered into a pumping contract for the tank. 'the septic tank must be designed and constructed in accordance with OAR 340-071-0340. Stm.Auth.:ORS 454.625&468.020 , Stars.hnplemenicd:ORS 454.615&454.655 (-list.:DF.Q I0-198 L f.&J.3-20-81:DF.Q I9-1981,f.7-23-81,cf.7-27-91;DL•Q 8-1983,1.&A 5-154'3:DGQ 15-1986,f.&cf.8-6-86;DEQ 27-1994,1. I1-I5-94,cen.cf.4-1-95;DFQ_ 16-1999, L¢.cf. 12-29-99;DEQ 11-2004.f. 12-22-04,cen.cf.3-1-05 Onsite Prognan page 071-36 OdRch. 340,div. 071 r0..--w ov CITY OF ASHLAND Council Communication May 1 , 2012 — Business Meeting Liquor License Application FROM: Barbara Christensen, City Recorder, christebgashland.or.us SUMMARY Approval of a Liquor License Application from Brad Boucher dba Sauce at 1640 Ashland Street. BACKGROUND AND POLICY IMPLICATIONS: Application is for a change of ownership. The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32). In May 1999, the council decided it would make the above recommendations on all liquor license applications. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Endorse the application with the following: The city has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The city council recommends that the OLCC proceed with the processing of this application. SUGGESTED MOTION: Motion to approve liquor license for Brad Boucher dba Sauce at 1640 Ashland Street. ATTACHMENTS: None Page 1 of I CITY OF ASHLAND Council Communication May 1 , 2012 — Business Meeting Liquor License Application FROM: Barbara Christensen, City Recorder, christebnashland.or.us SUMMARY Approval of a Liquor License Application from Brian Dunagan dba Ashland Wine Cellar at 38 Lithia Way. BACKGROUND AND POLICY IMPLICATIONS: Application is for a change in ownership. The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use;business license and restaurant registration requirements (AMC Chapter 6.32). In May 1999, the council decided it would make the above recommendations on all liquor license applications. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Endorse the application with the following: The city has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The city council recommends that the OLCC proceed with the processing of this application. SUGGESTED MOTION: Motion to approve liquor license for Brian Dunagan dba Ashland Wine Cellar. ATTACHMENTS: None Page I of 1 CITY OF ASHLAND Council Communication May 1 , 2012 — Business Meeting Liquor License Application FROM: Barbara Christensen, City Recorder, christebnashland.or.us SUMMARY ' Approval of a Liquor License Application from SusamMeans dba Milagros Fresh Mexican at 1465 Siskiyou Blvd. BACKGROUND AND POLICY IMPLICATIONS: Application is for a new license. The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32). In May 1999, the council decided it would make the above recommendations on all liquor license applications. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Endorse the application with the following: The city has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The city council recommends that the OLCC proceed with the processing of this application. SUGGESTED MOTION: Motion to approve liquor license for Susan Means dba Milagros Fresh Mexican. ATTACHMENTS: None Page I of 1 OW CITY OF ASHLAND Council Communication May 1 , 2012 — Business Meeting Appointment to Historic Commission FROM: Barbara Christensen, City Recorder, christebgashland.or.us SUMMARY Confirmation of the Mayor's appointment of Victoria Law to the Historic Commission for a term ending 4/30/2014. BACKGROUND AND POLICY IMPLICATIONS: This is confirmation by the City Council on the Mayor's appointment to the Historic Commission on application received. Ashland Municipal Code (AMC) Chapter 2.17.020 FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: None SUGGESTED MOTION: Motion to approve appointment of Victoria Law to the Historic Commission with a term to expire April 30, 2014. ATTACHMENTS: Application received Page 1 of I RECEIVED CITY OF APR 19 2012 ASHLAND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street,or email christeb(a)ashland.or us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name Victoria Law Requesting to serve on: Historic(Commission/Committee) Address 406 Iowa Street Occupation Executive Director& Curator Phone Home: 541-261-6605 Work: 541-482-7245 Email: director @ashlandmnuseum.org 1. Education Background What schools have you attended? Southern Oregon University, West Valley College What degrees do you hold? Bachelors of Arts in History from SOU in 2003, Associates Degree in Business Data Processing from West Valley College in 1976 What additional training or education have you had that would apply to this position? Numerous classes in Museum Studies offered through Southern Oregon Historical Society's TAP, Technical Assistance Program, for museums in the Jackson County Heritage Association. Related Experience What prior work experience have you had that would help you if you were appointed to this position? Executive Director and Curator of Ashland Historic Railroad Museum since October 2007. In this position I have produced ten well received history exhibits about Ashland history,and have been responsible for the Museum's history lecture series which has presented 45 history lectures by local historians since 2008,also responsible for "Tombstone Tales"the living history program in the old Ashland Cemetery. Do you feel it would be advantageous for you to have further training in this Feld, such as attending conferences or seminars? Why? Yes,there is always more to learn about historic preservation as techniques are modernized and computers are used more frequently to hold historic information from historic photos to oral histories. 11orwraia, 2. Interests Why are you applying for this position? I am very interested in Ashland history and preserving that history while making it more accessible to the public. 3. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? Yes, I am available for special meetings and evening meetings work better for me. 4. Additional Information How long have you lived in this community? 20 years Please use the space below to summarize any additional qualifications you have for this position Since 2007, through my work at Ashland Historic Railroad Museum I have had a lot of opportunity to work with the public and have seen the joy they have expressed in leaming about the history of their town. From the teens who in looking at historic photos will exclaim"Wow,this was my town!"to the elders who state,"Yes,that is my dad in that photo on the left. Let me tell you his story", no one seems bored by our history. I believe there is a thirst in this community to know more about the history of the town and to have that history made more accessible to the general public. 4-10-2012 ti- Date Signature CITY OF ASHLAND Council Communication May 1 , 2012 Business Meeting Amendment to Contract with JBR Environmental Consultants for Additional Work Required on the Wetlands Delineation at the Ashland Gun Club FROM: James Olson, Engineering Services Manager, Public Works, olsonj @ashland.or.us SUMMARY Last spring JBR Environmental Consultants, Inc. completed a delineation of the wetlands found on the Ashland Gun Club (AGC) lease area. The report was submitted to the Department of State Lands (DSL) for review and acceptance. In return, DSL submitted a list of follow-up questions and a request for a site visit to collect additional soil samples to verify the findings of the report. This additional work is a result of DSL's additional requirements, site visit, and soil sampling which were implemented by J BR. BACKGROUND AND POLICY IMPLICATIONS: r Currently JBR has two contracts with the City for environmental work at the Lithia Springs property, specifically regarding the AGC. The first is to provide soil and groundwater sampling, testing, and monitoring as recommended by the Department of Environmental Quality (DEQ) resulting from their review of a prior ecological assessment report submitted by Brown and Caldwell. The second contract is to delineate the apparent wetlands in and adjacent to the AGC Lease at the Lithia Springs property. The Wetlands Delineation report was submitted to DSL and the Army Corp of Engineers on August 4, 2011. It is DSL's responsibility to review and ultimately approve the delineation shown in any report. Wetlands cannot be designated except through action by DSL. In this instance DSL requested additional information including a site visit which was coordinated and attended by JBR. The site visit was conducted on April 11, 2012 where 20 additional samples were collected for analysis. It was JBR's responsibility to attend this visit, assist in soil sampling, coordinate with the AGC, adjacent neighbors, and the City and to provide additional information as requested by DSL. FISCAL IMPLICATIONS: The original contract with JBR was for$7,871. The addition of$3,100 is an increase of 39.4 percent. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the attached contract amendment to the JBR contract. The extra work is a result of additional requests by DSL and is beyond the control of the City and JBR. SUGGESTED MOTION: Page ] of 2 CITY OF ASHLAND Move to approve a $3,100 amendment to the contract with JBR, for additional work required on the Wetlands Delineation at the AGC. ATTACHMENTS: Contract Amendment Page 2 of 2 PROFESSIONAL SERVICES CONTRACT AMENDMENT NO. 1 Engineering services contract made on the date specified below in Recital A between the City and Consultant as follows: Recitals: A., The following information applies to this contract: CITY: CITY OF ASHLAND ENGINEER: JBR Environmental City Hall - Consultants, Inc. 20 E. Main St. Address: 8160 South Highland Drive Ashland, Oregon 97520 Sandy, UT 84093 541 488-5347 FAX: 541 488-6006 Telephone:541-770-6977 Fax:541-770-7019 Date of this agreement: April 24, 2012 B: RFP Date: Proposal Date: April 28, 2011 ¶2.3 City Contracting Officer: Michael R. Faught, Director of Public Works ¶2.4. Project: Wetland Delineation at the Ashland Gun Club Project No. 2009-07 ¶6.1. Consultant's Representative: Susan Kolan, Controller ¶8.3. Original Contract Amount: $7,871.00 ¶8.4. Previous Contract Ammendments: $ 0 B. AMENDMENT NO. 1 1. Modification to "Services to be provided" Add services per attached proposal and cost estimate dated April 20, 2012 and made a part of this amendment. 2. Modification to "Compensation A. Add cost of extra work = $3,100.00 B. Adjusted total contract amount = $10,971.00 (39.4% increase) CONSULTANT CITY BY BY City Department Head Fed. ID # DATE: Coding: (for City use only) G:1pub-wrksleng109-07 Gun Club EnvironmentalUBR Wetlands Amendment 042412.doe Jim Olson From: Rebekah Brooks[rbrooks @jbrenv.com) Sent: Friday, April 20, 2012 5:22 PM To: 'Mike Morrison Jr; Jim Olson Cc: Donald Martin Subject: Gun Club-Wetland Delineation Additional Budget Mike/Jim, As requested,this email summarizes the additional budget that is needed for the Wetland Delineation at the Ashland Gun Club in order to get the report authorized by DSL. The additional budget requirements include the following: 1) Revision of the Wetland Delineation Report,in response to DSL comments. As authorized by Mike's email on March 13, 2012, $1,500 was requested to respond to DSL comments on the wetlands delineation report. DSL's comments(3 pages)were provided to you in an email dated, March 12,2012, and required revision of maps and response to questions. 2) Site Walk with DSL and Resulting Additional Report Revisions. i As authorized by Jim's email on April 9,2012,an additional$1,600 was requested to conduct the site walk and respond to any additional DSL comments on the report resulting from the site walk. (an additional$300 of this total was for#3 below). This was a separate request than 41, because we were hoping to convince DSL by our response to their comments on the report that a site walk was not necessary. However, they found the project"interesting" and we were unable to convince them otherwise. The site walk included re-staking and taking GIS coordinates on the wetland boundaries(some stakes had gotten displaced since the delineation was conducted in spring 2011 and this was required by DSL for the site walk), accompanying DSL on the site walk,and travel from our Medford office. We are waiting to hear from DSL as to whether additional revision to the report is necessary. 3) Coordination with Mr.Jim Miller DSL requires written permission for an entity to enter a neighboring property to conduct a wetland delineation if it is to be included in the report. The City has a access agreement with Mr.Jim Miller to conduct activities related to the Gun Club, but it does not specifically indicate wetland delineation. Therefore,we coordinated with Mr. Miller to obtain written permission to conduct the delineation on his property. The budget requested for this was$300 (included in total for#2). Total Additional Budget Requested for the Wetland Delineation: $3,100 Please let me know if you need any additional information. Have a nice weekend! Rebekah 1 CITY OF ASHLAND Council Communication May 1 , 2012 Business Meeting Approval of a Special Procurement for Forestry and Education work in Siskiyou Mountain Park by Lomakatsi Restoration Project FROM: Chris Chambers, Forest Resource Specialist, Fire Department, chamberc @ashland.or.us SUMMARY Lomakatsi Restoration Project is the only contracting entity to have done ecologically informed forestry work melded with education in Siskiyou Mountain Park in the past 10 years. The City received $7,000 as part of the PERC grant from The Nature Conservancy and USDA Forest Service and would like to directly award this amount to Lomakatsi based on their unique experience and capacity to offer education. BACKGROUND AND POLICY IMPLICATIONS: Staff recommends that the Sole Source Procurement be approved because Lomakatsi has prior experience at Siskiyou Mountain Park implementing similar treatments and interacting with the public in a positive manner. Parks has written a letter of support that is attached. FISCAL IMPLICATIONS: Funds are from the already approved PERC grant and are budgeted. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends the "Contract-specific Special Procurement' be approved. SUGGESTED MOTION: The Council, acting as the Local Contract Review Board, moves to approve (or decline) the "Contract- specific Special Procurement'. ATTACHMENTS: Form#9, Special Procurement—Request for Approval Form Letter from Parks Proposal from Lomakatsi Restoration Project Page 1 of 1 CITY OF FORM #9 ASHLAND SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Chris Chambers, Fire Department Date: April 25, 2012 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS279B.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). I. Requesting Department Name: Ashland Fire and Rescue 2. Department Contact Name: Chris Chambers 3. Type of Request: Class Special Procurement X Contract-specific Special procurement 4. Time Period Requested: From 5/2/2012 . To: 6/30/2012 5. Total Estimated Cost: Not to exceed$7,000 6. Short title of the Procurement: Eco-Forestry and Education in Siskiyou Mountain Park Supplies and/or Services or class of Supplies and/or Services to be acquired: The services will include designing and implementing forestry activities in Siskivou Mountain Park as part of the Promoting Ecosystem Resiliency through Collaboration(PERC)grant. Work will be integrated with educational opportunities for nark visitors and create opportunities for school visits. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure.The Agency may,but is not required to,also include the following types of documents: Notice/Advertising, Solicitation(s),Bid/Proposal Forms(s),Contract Form(s),and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Background: Lomakatsi Restoration Project is the only contracting entity to have done similar work in Siskivou Mountain Park in the past 10 years.The City received 7.000 dollars as part of the PERC grant from The Nature Conservancy to implement this type of work on properties bordering National Forest Lands. Lomakatsi created a project proposal for this grant project,see attached proposal. Proposed procedure: The Fire Department is seeking an exemption from the competitive bid process to directly award a contract to Lomakatsi Restoration Project for this work. Form#9-Special Procurement-Request for Approval,Page 1 of 3,4/25/2012 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. The combination of prior forestry experience at Siskiyou Mountain Park, the ability to craft and implement an ecologically tailored project,and offer educational opportunities makes Lomakatsi uniquely qualified to provide these services for the City at Siskivou Mountain Park. 9. Findings to Satisfy the Required Standards: This proposed special procurement: X_(a)will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: The PERC grant award is unique in time and scope and will provide additional opportunities for other contractors to benefit from the meant funds on private lands that border National Forests. Siskivou Mountain Park is unique in it's use by the public for recreation, which amplifies the need to conduct and appropriate operation with public education as an element. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.);and X_(b)(i)will result in substantial cost savings to the contracting agency or to the public because: Either Parks staff time or a contract to provide on site education during and after forest treatments are implemented would add additional expense and is seen as a critical element to the success in a public park. Education is included by Lomakatsi as part of the proposed treatment cost. (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings);or X_(b)(ii)will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 279B.055, 279B.060,279B.065, or 279B.070,or any rules adopted there under because: Lomakatsi has implemented 75 acres of similar work in this City park and will create and implement forestry work compatible with the goals of the Parks Department and the Southern Oregon Land Conservancy,who holds a conservation easement on this property. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form#9-Special Procurement—Request for Approval,Page 2 of 3,4125/2012 Public Notice: Pursuant to ORS 279B.085(5)and OAR 137-047-0285(2),a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4)and OAR 137-047-0300.The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven(7)Days before Award of the Contract. After the Special Procurement has been approved by the City Council, the following public notice will be posted on the City's website to allow for the seven(7)day protest period. Date Public Notice first appeared on www.ashland.or.us-1,h1.v 2. 2012 PUBLIC NOTICE Approval of a Special Procurement First date of publication: MaY'. -'01' A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board,on 1(ar-1. -20/2. This S%recicd Procurenu:rrl is a "Cow acl-specific Special Procurement'. Pw propusrd conwaclirn„procedure is dircet urrard Cr, f omakoW Restoration 1'rr>jec[/irr s'ira specific fbrestn,a:ul education irnrk in Slskivou 14ounlam Park Lomokatsi has unique experience workin,r;in this CitY park amioll r.v e:<hrcutionrd oppurhrnines fin-public recrrutiarral users; n Trrch is deemed till essential component q n ecm-irperalions in a public setting. It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts,and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055,279B.060, 279B.065,or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 27913.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland,Kari Olson,Purchasing Representative, 90 N.Mountain,Ashland,OR 97520. The seven(7)day protest period will expire at 5:00pm on May 9'r'. 2012. This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form#9-Special Procurement-Request for Approval,Page 3 of 3,41/2512012 ASHLAND PARKS AND RECREATION COMMISSION 340 SO.PIONEER STREET ASHLAND,OREGON 97520 .......,N Diin Robensu COMMISSIONERS; F AS JcAnre Egge,5 _ y Diiedor Rico Land) TEL:(5c11 488-5320 Jim Levis _ FAX:(521)268-5314 RiU,Rosenthal Stefam 9e1finge, ',OREGON April 12, 2012 Chris Chambers Forest Resource Specialist Ashland Fire and Rescue 455 Siskiyou Blvd. Ashland, OR 97520 Dear Chris: We authorize you to execute a contract; on our behalf, for the PERC grant work of Lomakatsi Restoration Project. We understand that the funds will be used for legacy tree retention and thinning in the lower Siskiyou Mountain Park beginning April 2012. We appreciate your efforts on behalf of Ashland Parks and Recreation. Sincerely, Jeffrey McFarland Central Division Manager Ashland Parks and Recreation 7M:ssd Home of Famous Luria Park 414 �, Lomakatsi Restoration Project storing Ecosystems, Sustaining Communities April 23`d, 2012 Lomakatsi Restoration Project Proposal Promoting Ecosystem Resiliency in Siskiyou Mountain Park Lomakatsi's specific knowledge and prior experience in Siskiyou Mountain Park Lomakatsi has completed approximately 75'acres of ecological fuel reduction, chipping, piling, burning and weed abatement activities in 5 treatment areas of Siskiyou Mountain Park (SMP)from 2005 to 2010. Lomakatsi wrote detailed prescriptions for SMP in regards to managing the specific species composition of the local flora and fauna while addressing how to treat the various forest conditions zone by zone.These documents have been developed in partnership with Ashland Parks and Recreation and Lomakatsi technical forest specialists based on ecological forest health and fuel reduction assessments. Overall, Lomakatsi has a time-tested familiarity on by assessing how the ecosystems within SMP have responded to past treatments and therefore have learned the most effective methods to meet desired outcomes. Lomakatsi will provide on-site education about activity in SMP Lomakatsi has developed an in-school forest ecology and restoration education program called Full Circle Schools(FSC).This program enables Lomakatsi to provide students from ages 10-17 with field tours of completed forest restoration activities. FSC adopts these sites to enable these students to get hands-on experience doing maintenance activities,such as invasive weed pulling and native grass re- seeding, after initial fuel reduction treatments have taken place. Lomakatsi does public outreach and education about active projects, especially when working in high- use public parks such as SMP. Project managers are instructed to take the time to educate the public (dog-walkers, hikers and bikers)who ask questions about restoration activities in progress. Lastly, Lomakatsi uses SMP as an "outdoor classroom"for public presentations about ecological fuel reduction design and implementation Details of the proposed treatment in Siskiyou Mountain Park Lomakatsi is proposing to do drip line and radial thinning around current/future legacy conifer and hardwood representatives(legacy tree release)while reducing the density of surface and ladder fuels that could carry fire into the crowns of this overstory component.This will achieve the objectives of benefiting overall forest health of the legacy specimens by reducing competition while accomplishing fire management goals to abate the threat of catastrophic wildfire in the Wildland Urban Interface.All treatments will be tailored to the site-specific needs of each area. (541) 488-0208 FAX (541488-4909 P.O. Box 3084 Ashland, OR 97520 www.lotn,7katsi.org r Lomakatsi Restoration Project r Restoring Ecosystems, Sustaining Communities Scope of work, acres and cost Lomakatsi is proposing to do approximately 10-12 acres of legacy tree release and density management activities at SMP within a 30 acre footprint.This will be based on daily rate cost of$2,500.00 of an 8 person professional saw crew thinning and doing slash disposal preparation for three days with interactive oversight from 2 Lomakatsi project managers (this includes all planning and administrative overhead costs).Ashland Parks and Recreation will be complete the slash disposal by chipping.The treatment proposal and implementation guide has been reviewed and approved by Jeff McFarland from Ashland Parks and Recreation. This implementation guide will be available for all crews,managers and partners to review. Thank for your consideration of our proposal to perform planned work activities at Siskiyou Mountain Park.We look forward to continuing our ongoing restoration work. Aaron Nauth Contracting and Workforce Division Supervisor Lomakatsi Restoration Project www.lomakatsi.orq _ n a uth(g)loma kats i.or Cell: (541)821-3995 Office: (541)488-0208 Fax: (541)488-4909 P.O. Box 3084,Ashland OR 97520 (541) 488-0208 FAX (541)488-4909 P.O. Box 3084 Ashland, OR 97520 www.lome7katsi.org CITY OF ASHLAND Council Communication May 1 , 2012 - Business Meeting Intergovernmental Agreement with Jackson County Community Justice for Supervised Work Crews FROM: Mike Morrison, Public Works Superintendent, Morrism @ashland.or.us Bruce Dickens, Parks Superintendent, Dickensb @ashland.or.us SUMMARY This intergovernmental agreement continues an arrangement under which the City uses Community Justice work crews for grounds maintenance, litter pick-up and other manual labor on City properties. BACKGROUND AND POLICY IMPLICATIONS: The City and the County desire to cooperate in a program of improving resources in the City of Ashland and to do such work with Community Justice Work Crews. Under this agreement, Jackson County, Community Justice, will provide supervised Work Crews that will accomplish work projects as required by the City. .Work will consist of grounds maintenance of city buildings, cemeteries and parks, trail maintenance, litter pick-up, ditch cleaning, fuel reduction, and similar manual work. Job Type Minimum # of Clients Price per crew or rental Work Crew 6 $400.00 Brushing Crew 6 $450.00 Chipper Rental $127.50 Chipping Crew 2 $450.00 Intergovernmental agreements require the approval of the City Council, and if approved, will grant contract signing authority to the City Administrator. ORS 190.010 Authority of local governments to make intergovernmental agreement. A unit of local government may enter into a written agreement with any other unit or units of local government for the performance of any or all functions and activities that a party to the agreement, its officers or agencies, have authority to perform. The agreement may provide for the performance of a function or activity: (1) By a consolidated department; (2) By jointly providing for administrative officers; (3) By means of facilities or equipment jointly constructed, owned, leased or operated; (4) By one of the parties for any other party; (5) By an intergovernmental entity created by the agreement and governed by a board or commission appointed by, responsible to and acting on behalf of the units of local government that are parties to the agreement; or Page I of 3 CITY OF ASHLAND (6) By a combination of the methods described in this section. [Amended by 1953 c.161 §2; 1963 c.189 §1; 1967 c.550 §4; 1991 x583 §I] ORS 190.020 Contents of agreement. (1)An agreement under ORS 190.010 shall specify the functions or activities to be performed and by what means they shall be performed. Where applicable, the agreement shall provide for: (a) The apportionment among the parties to the agreement of the responsibility for providing funds to pay for expenses incurred in the performance of the functions or activities. (b) The apportionment of fees or other revenue derived from the functions or activities and the manner in which such revenue shall be accounted for. (c) The transfer of personnel and the preservation of their employment benefits. (d) The transfer of possession of or title to real or personal property. (e) The term or duration of the agreement, which may be perpetual. (1) The rights of the parties to terminate the agreement. (2) When the parties to an agreement are unable, upon termination of the agreement, to agree on the transfer of personnel or the division of assets and liabilities between the parties, the circuit court has jurisdiction to determine that transfer or division. [Amended by 1967 c.550 §5] ORS 190.030 Effect of agreement. (1) When an agreement under ORS 190.010 has been entered into, the unit of local government, consolidated department, intergovernmental entity or administrative officer designated therein to perform specified functions or activities is vested with all powers, rights and duties relating to those functions and activities that are vested by law in each separate party to the agreement, its officers and agencies. (2)An officer designated in an agreement to perform specified duties, functions or activities of two or more public officers shall be considered to be holding only one office. (3) An elective office may not be terminated by an agreement under ORS 190.010. FISCAL IMPLICATIONS: See price table listed above. Funds are budgeted and available in the Public Works and Parks Departments. STAFF RECOMMENDATION AND REQUESTED ACTION: Public Works and Parks staff strongly recommends the City participate in this agreement with Jackson County. The City currently utilizes the Jackson County work crews as follows: Cemetery Division: The Cemetery utilizes the work crews for two to three days in late May to do a thorough clean up of the three cemeteries in preparation for Memorial Day. Water Division: In early April, the Water Division uses the crews to clean out the debris that builds up in the TID ditch over the winter. This clean up takes a full work crew about 10 days to complete. Ashland Parks & Recreation: Please refer to the attach memorandum for an understanding of the importance of renewing this agreement with Jackson County to utilize their Work Crews to help in the performance and facilitation of many of Parks goals and programs. Page 2 of 3 CITY OF -ASHLAND City owned property: In early June, the work crews are utilized for about one week to keep City owned property in compliance with fire requirements. Several vacant lots and areas around various city installations such as pump stations and reservoirs are cleared of brush in preparation of fire season. SUGGESTED MOTION: The Council, acting as the Local Contract Review Board, moves to approve (decline)the Intergovernmental Agreement with Jackson County Community Justice. ATTACHMENTS: Master Participating Agreement between Jackson County and City of Ashland Ashland Parks and Recreation Commission Memorandum Page 3 of 3 1�, ' I Jackson County Transition Center JACKSON COUNTY Linda ciRepr i Comarn Representative 5505 S.Pacific Highway Column il. l t y J Il'S t ice Phoenix.OR 97535 Phone:541-774-6637 Fax 541-774-6628 '.. s %vyerlj@jaasoncounty.or0 �.jacksoncounty.org ! j I! March 22, 2012 Kari Olson City of Ashland 90 North Mountain Avenue Ashland, Oregon .97520 Dear Ms. Olson: As requested, please find new Master Participating Agreements between Jackson County Community Justice and City of Ashland for work crew services. Please have your signatory sign all three originals and return all three to my attention. I will then obtain the final signatures from Jackson County's signatory and return one fully executed original to you. Sincerely, - Linda J. Sawyer / Contract Representative Gtclosure(s): 3 \. \ i i I c MASTER PARTICIPATING AGREEMENT Between JACKSON COUNTY And CITY OP ASHLAND f I. ORS 190 AGREEMENT WITH CITY Or ASHLAND 1 This Participation Agreement is hereby entered into by and between the Jackson a County, hereinafter known as the County, and, City of Ashland hereinafter known as the City. A unit of local government may enter into a written agreement with any other unit or units of local government for the performance of any or all functions and activities that party to the agreement, its officers or agencies have authority to perform. (ORS 190) 11. RECITALS A. Jackson County is responsible for supervision and treatment of offenders. It desires to place selected minimum-security offenders in appropriate work situations to perform work for public benefit while providing opportunities for participation offenders to learn work skills and develop appropriate work habits. These training activities will aid the clients in successfully re- entering society with practical skills and a viable work ethic. B. City is responsible for maintaining the land and serving the people within the City of Ashland. The parties have a mutual interest in maintenance of the aforementioned maintenance of land. City and the County desire to cooperate in a program of improving resources in the City and to do such work with Community Service Work Crews. Work will consist of grounds maintenance of city buildings, cemeteries and parks, trail maintenance, litter pick-up,ditch cleaning, fuel reduction, and similar manual work. C. City can facilitate and accomplish work projects for the City by hosting the Jackson County Work Crews, which provide work and training opportunities for the crews. 111. AGREEMENT A. RESPONSIBILITIES In consideration of the above premises, the parties agree as follows: I I. Mutual—County and City shall mutually agree upon a schedule for the performance of the County's services, allowing time for the City Project Manager to review the work. i 1 2. City of Ashland- City a) City will supply a Work Order, in the general form provided as Exhibit A, for each job with Project Work Specifications.Each job will be unique. b) City will supply a person to inspect the work of the County. City will not be on site supervising the County work crew. 3.• COUNTY —County agrees to: a) Perform directly the work under this Agreement as described in work order referred to in subparagraph 111.2.(a). b) County agrees to provide all equipment, tools, labor and materials required to carry out the specifications of the projects. The work shall be performed using the County's own equipment. The County shall furnish all supplies and parts. c) County agrees to perform the work expeditiously in conformance to specified Work Orders and in accordance with relevant industry standards. d) Comity agrees to provide a Work Crew Supervisor on site to directly supervise and lead clients on the crew. B. CHANGES IN WORK ` The County will perform no work beyond that described in the Work Order except pursuant to written change orders submitted to the County by City. 1V. '1'L RM The tenn of this agreement shall begin on the date all parties have signed the agreement and terminate on June 30, 2014. V. CONSIDERATION A. City shall be billed by the County, per eight hour day, the following rates: Job Type Mininmm#of Clients Price per crew or rental Work Crew 6 $400.00 Brushing Crew 6 $450.00 Chipper Rental $127.50 Chipping Crew 2 $450.00 B. Reimbursement for work performed shall not exceed a maximum as may be specified in the Work Order without written consent of both County and City. 2 I. C. Consideration shall be paid only after completed work has been inspected and approved by City Project Manager, upon submission of invoice. Invoices for all work performed under this agreement shall be sent to City of Ashland, Attn: Accounts Payable, 20 East Main,Ashland, OR 97530. City j agrees to pay invoice within (30) days of receipt providing County has met all conditions and requirements of the agreement. VI. TERMINATION A. This agreement may be terminated immediately at any time by mutual consent of both parties, or by either party upon (10) days written notice, in writing, delivered by certified mail. Either party may terminate this agreement effective immediately upon delivery of written notice to the other under any of the following conditions: 1. If funding fi-om federal, state, or other sources is not obtained and continued at levels sufficient to allow for purchase of the indicated quantity 2. If federal or state laws, rules,regulations, or guidelines are modified, changed or interpreted in such a way that services are no longer allowable or appropriate for purchase under this agreement or are no longer eligible for the funding proposed for payment authorized by this agreement. 3. If any license or certifications required by law or regulation to be held j by County to provide the services required by the agreement is for any reason denied, revoked or not renewed. B. Any termination of this agreement under paragraph A of this section shall be without prejudice to any obligations or liabilities of either party already accrued prior to termination. Vi1. DEFAULT A. City by written notice to County of default, including breach of agreement, may terminate the whole or any part of this agreement: I. If County fails to provide services called for by this agreement,or any extension thereof, or, 2. If County fails to perform any of the other provisions of this agreement, or so fails to pursue the wok as to endanger the performance of this agreement in accordance with its terms, and the receipt of written notice from City fails to correct such failures within three days or such longer period as City may authorize. i B. The rights and remedies of City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this agreement. 3 f t K VIII. GENERAL CONDITIONS A. RECORD MAINTENANCE County shall keep and maintain complete and accurate records concerning all aspects of the work. County shall allow City representative to examine j and copy records which are pertinent to the agreement while the work is in progress and within six years after the completion of the work or termination of the agreement. This includes a daily log of who worked at each site on each day. B. ASSIGNMENT County shall not assign or transfer interest in this agreement without the express written consent of the City. C. AMENDMENTS Terns of this agreement shall not be waived, modified, supplemented or amended, in any manner whatsoever except by written instrument and as signed by both parties. D. FORCE MAJEURE C County shall be responsible for delay or default by fire, riot, acts of God and war, which is beyond the County's reasonable control. E. WAIVER The failure of City to enforce any provision of this agreement shall not constitute a waiver by City of that or any other provision. F. INDEMNITY To extent permitted by the Oregon Tort Claims Act, County will indemnify and defend City fi•om any claim or liability resulting from error, oanission, or act of negligence on the part of the County, its officers, employees, or agents in the performance(or nonperformance) of work done pursuant to a Work Order provided by City provided,however, that neither patty shall be required to indemnify the others for any claim, loss or liability arising solely out of the wrongful act of the others officers, employees, or agents. G. INSURANCE The County is self-insured and maintains adequate and appropriate types of insurance coverage in amounts no less than state law requires for workers compensation, comprehensive general liability covering both body injury and property damage, and automobile liability covering both bodily injury and property damage. Should other parties require that additional insurance coverage beyond State of Oregon levels be maintained throughout the term 4 I i ' I of this agreement, such parties agree to reimburse County for the additional j cost as determined by the County Risk Management Office. H. COMPLIANCE WITH APPLICABLE LAW j County agrees to comply with all federal, state, county and local laws, ordinances and regulations applicable to the agreement. 1. MERGER This agreement constitutes the entire agreement between the parties. No E _ waiver, consent,modification or change of terms of this agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given.There are no understandings, agreements, or representations, oral or written not specified in this agreement regarding this agreement. County, by the signature of its authorized representative, hereby acknowledges that it has read this agreement, understands it and agrees to be bound by its terms and condition. I i I i i 1 i j 5 IN WITNESS WHEREOF, COUNTY and CITY OF ASHLAND have executed this agreement as, the date, signature below. COUNTY CITY OF ASHLAND (Printed Name) (Printed Name) (Title) (Title) (Signature) (Date) (Signature) (Date) APPROVED AS TO FORM Exempt J. Ryan Kirchoff Senior Assistant County Counsel s i 6 I I Project Work Order Form Jackson County Community Justice Scheduling—Frank Drake: 774-6638 Questions—Linda Sawyer: 774-6637 Pax: 774-6629 Requesting Agency: Contact Person: Phone Number: Cell Number: Fax Number: Coordinating Project Manager in the field who will explain the project and specifications, what equipment needed,plan work schedules: Project Manager and Phone Number: Description of project, equipment or tools requested, special consideration or restrictions: Requested Date: Ongoing: Agency Representative: Date: CJTC Representative: Date: Please fax request to 774-6629 7 ASHLAND PARKS AND RECREATION COMMISSION 340 SO.PIONEER STREET ASHLAND,OREGON 97520 COM64SSIONERS: .•..........., Oan RB;emon H ` .loMOe&9gmre _ q, olraror Rick L'an<11 �..� Jim Lewis I EL:(5.11)488-5330 Rich Rosenftl - FAX:(541)488 5314 S'cf am scllinyer MEMORANDUM TO Kariann Olson, Purchasing Manager FROM Jeffrey McFarland, Central Division Manager DATE April 19, 2012 SUBJECT Jackson County Justice The Parks Department contract with Jackson County Community Justice is up for renewal. It is very important to the Parks Department to renew this contract so we can continue to have their help in the performance and facilitation of many of our goals and programs. Justice program workers help us leverage our budgets and accomplish a great deal of work each year. The crews often work alongside and complement Parks staff as they work on various properties/projects. They are also often contracted to perform other seasonal projects for the public under Parks staff supervision. Without the ongoing contract with Jackson County Community Justice, many of our programs would be hindered, and it would make it much more difficult for the department to accomplish complementary/supplementary work. Currently the Parks Dept. has both (a) a 3-year fuels reduction grant, with treatments performed in Siskiyou Mountain Park, and (b) a 3-year riparian/restoration grant through Bear Creek Watershed Council in the Ashland Creek/pond area. Many of the treatments in both grant projects are performed by Community Justice forestry crews working alongside and under the supervision of Parks department staff. The ability to use these crews on appropriate forestry/restoration-related projects helps us get more work accomplished by leveraging grant monies we are sometimes fortunate to receive. These crews give us a lot of "bang for the buck" compared to other contractual options. Some of the work we annually use Community Justice crews to help perform include: 1. Weed abatement work to achieve required treatments before City of Ashland mandated deadlines each year. 2. Cutting, grubbing and piling for noxious weed treatments and re-treatments each year on various City parks and City-owned properties/parcels. 3. Forestry work including thinning, cutting, piling, chipping and sometimes slash burning to implement fuels reduction work and stand density management in many of our Wildland Urban Interface properties. Justice crews often work alongside Parks staff and are a great supplement to the in-house and volunteer work performed. 4. Annual various weeding and clearing treatments and re-treatments in some parks and open space areas. 5. On occasion, help with various trails construction, maintenance apd clean-up projects and similar work at the Oak Knoll Golf Course as needed. 6. Other departments in the City use the crews from this program to perform important annual work that must be completed (Cemetery, Water departments). It is vital for us to have the ability to use these crews when impromptu work/other situations arise. Having the immediate and ongoing availability of these crews to perform various tasks has become important to our department, especially with budgets getting tighter. We highly recommend renewal of our contract with the Jackson County Community Justice work program. Jeffrey McFarland, Central Division Manager Ashland Parks & Recreation 541-951-1311 jeffrev.mcfarland(7ash land.or.us CITY OF ASHLAND Council Communication May 1, 2012 Business Meeting Public Hearing on Water and Wastewater Utility Rates FROM: Michael R. Faught, Public Works Director, Public Works Department, faughtm @ashland.or.us SUMMARY This is a public hearing to consider increasing water and wastewater rates as recommended in the recently adopted water and wastewater master plans. The proposed water increase includes 10% on just the base fee plus 8% "across the boards" and the wastewater rate increase is 10%"across the boards." BACKGROUND AND POLICY IMPLICATIONS: On April 17, 2012 the City Council adopted new comprehensive water and wastewater master plans as recommended by both the Ashland Water Advisory Committee (AWAC) and the Wastewater Technical Review Committee (TRC). The plans include $30.5 million for water capital projects and $10.8 million for wastewater capital projects. In addition, the plans include an evaluation of the operations, maintenance and staffing needs in each of the utilities and a financial analysis that proposes a 10-year rate strategy to fully fund recommendations in the adopted plans. The proposed rate increases effective June 8, 2012 are as follows: Water Base Fees 10% Water (including base Fees 8% Wastewater Fees 10% Water Fund Proposed Rate Increase The water financial analysis can be found in chapter 9 of the water master plan (see attached). There are two elements of the financial recommendations. The first recommendation is a 10% increase in the base charge to create revenue stability. This initial base rate increase is recommended to address the under recovery($466,129 in 2011 and $159,000 in 2012) of water revenue and will generate about $165,000 per year. Based on the previous two years of reduced water sales, the base rate adjustment should solve the under recovery problem. However, it is important to evaluate this assumption annually to make sure the under recovery problem has been solved. Page 1 of 6 �r, CITY OF ASHLAND The net impact of the 10% base increase to a residential customer using 1000 cubic feet of water is outlined in the chart below: Base Charge $14.84 $16.32 10.00% Consumption/Volume Charge Zero to 300 cf $5.07 $5.07 0.00% 301 to 1000 cf $14.63 $14.63 0.00% 1001 to 2500cf $0.00 $0.00 0.00% Total Monthly Bill $35 $36 1 4.00% In addition to the proposed base rate increase, the master plan recommends increasing all water rates (including the base) an additional 8%to fund the $30.5 million in capital projects, maintenance and operations and staffing. These projects include a new 2.5 million gallon per day treatment plant; new water storage tank; piping of the Talent Irrigation District (TID) ditch; installation of the emergency Talent, Ashland, Phoenix (TAP) line; replacement of aging pipes and etc. The combined effect of the two proposed rate increases (revenue stability and capital projects/operations/maintenance/staffing) for an average residential customer using 1000 cf or 7500 gallons per month is 12.7%. This specific impact of the proposed rate increase is outlined in the following chart: Base Charge $14.84 $17.63 Consumption/Volume Charge Zero to 300 cf $5.07 $5.49 8.28% 301 to 1000 cf $14.63 $15.82 8.10% 1001 to 2500cf $0.00 $0.00 0.00% Total Monthly Bill $34.54 $38.94 12.70% The following chart provides pre-increase water rate comparisons with other communities in the Rouge Valley: Water Rate Comparisons City Base Rate Volume Charge Rate (a, 10 ccf Ashland $14.84 $1.69/ccf(up to 300 cf) $34.54 $2.09/ccf(up to 1000 cf) Jacksonville $10.90 $1.12 (tiers) $24.30 Phoenix $31.40 > 700 @ 1.40/ccf $35.60 Central Point $3.12 $1.56 per ccf(all) $18.72 Page 2 of 6 �r, CITY OF -ASH LAN D Grants Pass $9.19 $.86 (tiers) $17.79 Talent $12.00 > 3,000 gal. @ $4.05 per 1000 gal. $30.83 Medford $7.55 < 5,000 gal. @ $.41 per 1000 gal. $11.44 AWAC also recommended the following 10-year water rate increases to fund the master plan projects, operations and maintenance and staffing recommendations. It is important to note that City Council will reevaluate these proposed rates on an annual basis. The following chart outlines proposed future water rate increases. Final AWAC Recommendation - Advance Funding Forecast of Average Single Family Residential Water Bills for 10 ccf�7500 gallons/month $70 $65.52 $60 $50 $40 $30 $20 tAverage monthly rate at 10 ccf-New WTP with the funding of a rate stabilization account $10 $0 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Wastewater Fund Proposed Rate Increase The wastewater financial analysis can be found in Chapter 14 of the wastewater master plan (see attached). This financial plan recommends wastewater rate increases to fund $10.8 million capital projects that are primarily regulatory, operations and maintenance and increased staffing. Examples of capital projects identified in the master plan are the membrane replacements; outfall relocation and Bear Creek shading; new oxidation ditch at the treatment plant; new sewer capacity pipes that parallel Bear Creek and pipe replacement projects. Page 3 of 6 �r, C I T Y OF ASHLAND The wastewater financial plan recommends the first rate increase of 10%be implemented for the 2013 fiscal budget. To that end, staff is recommending that the wastewater rates be increased 10% effective June 8,2012 as outlined in the attached wastewater resolution and supporting Exhibit "A" Sewer Rate Schedule. The following chart provides rate comparisons for other communities in Oregon: Base Usage Total Rate Units of Water Usage Chg Bill #/Month # in # Jurisdiction ($/Mo) $/Unit A Base Charged ($/Mo) ($/Mo) Eugene $10.90 $4.07 4.5 0 4.5 $18.32 $29.22 Grants Pass $12.89 $2.63 6.0 0 6.0 $15.78 $28.67 Roseburg Urban Sanitary Authority $25.00 $0.00 $0.00 $25.00 Ashland $18.70 $2.80 6.0 4 2.0 $5.60 $24.30 Rogue Valley Sewer Service (RVSS)f $15.90 $0.00 $0.00 $15.90 Medford $12.18 $0.79 4.5 0 4.5 $3.56 $15.74 Average $23.14 Source:Economic&Financial Analysis,2011-12 Survey f RVSS serves the following communities:Central Point,Eagle Point,Jacksonville,N.Ashland,N.Medford,N.Pheenix,NW Medford. Phoenix,Talent,W. Medford, Whetstone,&White City. Page 4 of 6 �r, CITY OF ASHLAND The following chart outlines proposed future wastewater rate increases. Final Recommendations, Wastewater Technical Review Committee (TRC) Sewer Bill for Single-Family Residence Winter Average of 6 ccf=4,500 gallons/month $50 $45 $47.48 $45.22 $40 $43.06 $39.15 $35 $35.59 $30 $32.35 $29.41 $25 $26.73 $24.30 $20 $15 $10 $5 $0 2012 2013 2014 2015 2016 2017 2018 2019 2020 Fiscal Year Ending June 30, FISCAL IMPLICATIONS: Both the water and wastewater master plans include a financial component that evaluates rate impacts for a 10-year period. In order to accomplish the projects, operational and maintenance recommendations and increase staff it is important that the proposed rate increase is implemented in a timely manner. If the rate increase is not implemented then the recently adopted plans will have to be amended to reflect any potential impacts of reduced funding. The proposed water and sewer rate increase will increase the average monthly bill for both water and sewer from $58.84 to $63.86 per month. The proposed water and sewer rate increase will increase a 4- family August water bill by $10. This increase will generate approximately $589,000. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff is recommending the Council approve the attached resolutions raising water rates effective June 8, 2012 and raising wastewater rates effective June 8, 2012. Page 5 of 6 Ir, C I T Y OF ASHLAND SUGGESTED MOTION: Move to approve the attached resolutions raising water rates effective June 8, 2012 and raising wastewater rates effective June 8, 2012. ATTACHMENTS: 1. Draft Water Master Plan documents may be viewed online at http://www.ashland.or.us/Paiae.asp?NavlD=l 3401 2. The Draft Wastewater Master Plan may be viewed online at http://www.ashland.or.us/Pape.asp?NavlD=14696 3. Water Rates Resolution Draft 4. Water Rates Resolution Attachment 5. Wastewater Rates Resolution Draft 6. Wastewater Rates Resolution Attachment Page 6 of 6 �r, RESOLUTION NO. 2012- A RESOLUTION REVISING RATES FOR WATER SERVICE PURSUANT TO ASHLAND MUNICIPAL CODE SECTION 14.04.030 AND REPEALING RESOLUTION 2011-08. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The water rate charges and rates as shown on the water rate schedule attached as Exhibit"A" shall be effective for actual or estimated consumption on or after June 8, 2012. Prorated calculations are permitted for any bills prepared for a partial month or billing period that overlaps the effective date of this Resolution. Miscellaneous Charges and Connection Fees established by previous resolutions remain in effect until revised by separate Council Action. SECTION 2. Copies of this resolution shall be maintained in the Office of the City Recorder. SECTION 3. Classification of the fee. The fees specified in Section I and Section 2 of this resolution are classified as not subject to the limits of Section 1 I b of Article XI of the Oregon Constitution (Ballot Measure 5). SECTION 4. Resolution 2011-08 is repealed. This resolution was duly PASSED and ADOPTED this day of May, 2012, and the effective date is June 8, 2012 upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of May, 2012. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page I of 1 . CITY OF ASHLAND, OREGON EXHIBIT "A" WATER RATE SCHEDULE RESOLUTION NO. 2012- EFFECTIVE JUNE 8, 2012 METERED SERVICE All water service provided by the City of Ashland will be in accordance with Chapter 14.04 of the Ashland Municipal Code. 1. WATER RATES WITHIN THE CITY LIMITS A. MONTHLY SERVICE CHARGE: The basic service charge applies to all metered water services and does not include any water consumption. OLD NEW 0.75 Inch Meter $14.84/month $17.66/month 1 Inch Meter $29.65/month $35.29/month 1.5 Inch Meter $42.26/month $50.30/month 2 Inch Meter $55.67/month $66.26/month 3 Inch Meter $116.39/month $138.53/month 4 Inch Meter $177.94/month $211.78/month 6 Inch Meter $333.64/month $397.10/month 8 Inch Meter $556.04/month $661.80/month B. WATER QUANTITY CHARGE: All customers will be charged the following rates per cubic feet of water used. Single Family Residential Consumption OLD NEW 0 to 300 cf per month $0.0169/cf $0.0183/cf 301 to 1000 cf per month $0.0209/cf $0.0226/cf 1001 to 2500 cf per month $0.0278/cf $0.0301/cf Over 2500 cf per month $0.0360/cf $0.0389/cf Multi-Family Residential Consumption OLD NEW 0 to 300 cf per month per unit $0.0169/cf $0.0183/cf 301 to 1000 cf per month per unit $0.0209/cf $0.0226/cf 1001 to 2500 cf per month per unit $0.0278/cf $0.0301/cf Over 2500 cf per month per unit $0.0360/cf $0.0389/cf EXHIBIT A-PAGE 1 -Effective June 8, 2012 Non-Residential Consumption OLD NEW 0 - 50,000 cf per month $0.0239/cf $0.0259/cf Over 50,000 cf per month $0.0246/cf $0.0266/cf C. TID IRRIGATION WATER RATES: Unmetered Service $.117.98/acre or portion of an acre-OLD $127.65/acre or portion of an acre-NEW Metered Service Base Service Charge Same as "A" above Water Consumption $0.0039/cf-OLD $0.0042/cf-NEW D. BULK WATER RATE: For water provided on a temporary basis through a bulk meter on a fire hydrant, The following charges apply: OLD NEW Deposit" $1,290.11 $1,395.90 Basic Fee $162.91 $176.27 Cost of Water Same as Commercial 'Deposit is refundable less basic fee, cost of water, and any damage to the city meter, valve, wrench, and/or hydrant. E. FIRE PROTECTION SERVICE WATER RATE: This rate shall apply to all fire protection services or fire guards. The basic service charge will be equal to the minimum basic service charge. Water will be billed at commercial rates. 2. RATES OUTSIDE THE CITY LIMITS All rates and charges for water service provided outside the city limits will be 1.5 times the rates for water service provided within the city limits. EXHIBIT A—PAGE 2—Effective June 8, 2012 3. SURCHARGE IRRIGATION RATES —WATER QUANTITY CHARGE All customers will be charged the following rates per cubic feet of water used for the months of June through September. Single Family Residential Consumption OLD NEW 0 to 300 cf per month $0.0169/cf $0.0183/cf 301 to 1000 cf per month $0.0209/cf $0.0226/cf 1001 to 2500 cf per month $0.0278/cf $0.0301/cf 2501 to 3600 cf per month $0.0360/cf $0.0389/cf Over 3600 cf per month $0.0468/cf $0.0506/cf Multi-Family Residential Consumption OLD NEW 0 to 300 cf per month $0.0169/cf $0.0183/cf 301 to 1000 cf per month $0.0209/cf $0.0226/cf 1001 to 2500 cf per month $0.0278/cf $0.0301/cf 2501 to 3600 cf per month $0.0360/cf $0.0389/cf Over 3600 cf per month per unit $0.0468/cf $0.0506/cf EXHIBIT A—PAGE 3 —Effective June 8, 2012 RESOLUTION NO. 2012- A RESOLUTION REVISING RATES FOR WASTEWATER (SEWER) SERVICE PURSUANT TO ASHLAND MUNICIPAL CODE SECTION 14.08.035 AND REPEALING RESOLUTION 2011-09 THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The wastewater(sewer) rate charges and rates as shown on the wastewater(sewer) rate schedule attached as Exhibit"A" shall be effective for actual or estimated consumption on or after June 8, 2012. Prorated calculations are permitted for any bills prepared for a partial month or billing period that overlaps the effective date of this Resolution. Miscellaneous Charges and Connection Fees established by previous resolutions remain in effect until revised by separate Council Action. SECTION 2. Copies of this resolution shall be maintained in the Office of the City Recorder. SECTION 3. Classification of the fee. The fees specified in Section 1 and Section 2 of this resolution are classified as not subject to the limits of Section l lb of Article XI of the Oregon Constitution (Ballot Measure 5). SECTION 4. Resolution 2011-09 is repealed. This resolution was duly PASSED and ADOPTED this day of May, 2012, and the effective date is June 8, 2012 upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of May, 2012. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 1 of 1 SEWER RATES EXHIBIT"A" PAGE 1 EXHIBIT "A" CITY OF ASHLAND, OREGON SEWER RATE SCHEDULE RESOLUTION NO. 2012- EFFECTIVE JUNE 8, 2012 All sewer service provided by the City of Ashland will be in accordance with Chapter 14.08 of the Ashland Municipal Code. 1. SEWER RATES WITHIN THE CITY LIMITS Single Family Residential June 2011 June 2012 Monthly Service Charge $18.70 $20.60 Quantity Charge per cf $0.0280 $0.0308 Quantity Charge is based on average winter water consumption in excess of 400 cubic feet(cf) per month. Winter consumption is defined as the average of water meter readings taken in the months of January, February and March. Annually on April 1 the bill will be adjusted based on the water meter readings taken during the previous three months. Single family residential water accounts with no consumption during the months of January, February and March will be based on 700 cubic feet. Multi-Family Residential June 2011 June 2012 Monthly Service Charge per Unit $18.70 $20.60 Quantity Charge per cf $0.0280 $0.0308 Quantity Charge is based on average winter water consumption in excess of 400 cubic feet per month per unit. Winter consumption is defined as the average of the water meter readings taken in the months of January, February and March. Multi-family residential accounts are all accounts in which more than one residential dwelling is attached to the same water service. Annually on April 1 the bill will be adjusted based on the water readings taken during the previous three months. Multi-family residential water account with no consumption during the months of January, February and March will be based at 500 cubic feet. Two dormitory rooms are equal to one multi-family residential unit. SEWER RATES EXHIBIT "A" PAGE 2 Commercial, Industrial and June 2012 Governmental June 2011 Monthly Service Charge $19.54 $21.50 Quantity Charge per cf $0.0311 $0.0342 Quantity Charge is based on actual monthly water consumption. Mixed residential and commercial accounts will be billed as commercial. For commercial, industrial or governmental users where monthly water consumption is not measured through city water meters, the sewer rate will be established as follows: The annual water consumption will be determine by an estimate made by the Director of Finance who shall use water consumption records of similar users or water consumption record of past use, if available. The annual water consumption will be multiplied by the Quantity Charge set forth above and the product divided by twelve. The quotient will be added to the Monthly Service Charge set forth above. The sum shall be the monthly sewer rate for the user. This rate shall be effective beginning in the month after the rate is determined until the rate schedule is amended by resolution of the council. At such time the Director shall redetermine the annual water consumption and compute the monthly sewer rate using the formal asset forth above. Water consumption determined in this manner shall be lowered if the user can demonstrate through the use of a meter approved by the city that the user's actual consumption is less than the estimate. 2. ADDJUSTMENTS AND EXEMPTIONS TO COMMERCIAL AND INDUSTRIAL SEWER RATES A. If a commercial, industrial or governmental user can demonstrate that the volume of sewage discharged by the user is less than 50% of the water consumed, the City Administrator may adjust the sewer user charge accordingly. Methodology for Special Cases for City Administrator 1. Greenhouses, Churches, and Schools (grades K-12) operating on a nine month school year. June 2011 June 2012 Monthly Service Charge $19.54 $21.50 Quantity Charge per cf $0.0311 $0.0342 SEWER RATES EXHIBIT"A" PAGE Quantity Charge is based on average winter water consumption. Winter consumption is defined as the average of the meter readings taken in the months of January, February and March. Annually on April 1 the bill will be adjusted based on the water meter readings during the previous three months. 1. Bed and Breakfasts and Ashland Parks Bathroom June 2011 June 2012 Monthly Service Charge $19.54 $21.50 Quantity Charge per cf $0.0311 $0.0342 Quantity Charge is based on winter water consumption. Winter consumption is defined as the total of water meter readings taken in the months of January, February and March. Annually on April 1 the bill will be adjusted based on the water meter readings during the previous three months. B. Water sold through an irrigation meter is exempt from sewer user charge. 3. SEWER RATES OUTSIDE THE CITY LIMITS A. The sewer user charge shall apply to those sewer users permitted under Section 14.08.030 of the Ashland Municipal Code. B. The sewer rates for outside the City limits shall be two times the sewer charges for inside the City limits. Unmetered residential accounts will be calculated on an average winter usage of 700 cubic feet of water for single family residences, and 500 cubic feet per unit for multi-family residences. CITY OF ASHLAND Council Communication May 1, 2012, Business Meeting Approval of an Intergovernmental Agreement between the Oregon Department of Transportation (ODOT) and the City of Ashland for the Development of the Normal Avenue Neighborhood Plan. FROM: Brandon Goldman, Senior Planner, Community Development, Brandon.Goldman @ashland.or.us SUMMARY The City Council's authorization is requested to enter into an Intergovernmental Agreement (IGA) with Oregon Department of Transportation's (ODOT) Transportation and Growth Management (TGM) program to undertake the development of the Normal Avenue Neighborhood Plan. The Normal Avenue Neighborhood Plan is intended to guide future changes to the area in a way that supports a compact neighborhood form, and which will ultimately accommodate a variety of housing, connect a system of greenways,protect and integrate existing creek corridors and wetlands, and enhance mobility for area residents through establishing safe and direct walking and bicycle routes, as well as help to build a foundation that supports future bus service in the area. Plan preparation is expected to be completed by July 2013. This statement of work provided as an exhibit to the IGA describes the responsibilities of all entities involved in this cooperative project. The TGM award for this project in the amount of$70,000 is conditional upon the execution of the Intergovernmental Agreement presented for Council's approval. BACKGROUND AND POLICY IMPLICATIONS: The Transportation and Growth Management ("TGM") Program is a joint program of ODOT and the Oregon Department of Land Conservation and Development. TGM includes a program of grants for local governments for planning projects. The objective of these projects is to better integrate transportation and land use planning and develop new ways to manage growth in order to achieve compact pedestrian, bicycle, and transit friendly development. The City of Ashland has been awarded a $70,000 TGM Grant to develop the Normal Avenue Neighborhood Plan. Upon completion of this project, the Normal Avenue Neighborhood Plan will provide a coordinated approach for future area development. On March 1, 2011 the City Council voted to direct Staff to submit the TGM grant application to obtain funding to master plan the North Normal Avenue Neighborhood. The City received notification of selection on June 23, 2011. On August 16, 2011 the City Council directed staff to work with the Transportation & Growth Management Program to develop a project statement of work, select a consultant team, and draft an Intergovernmental Agreement to undertake master planning the North Normal Avenue Neighborhood. Page 1 of 2 EWA CITY OF ASHLAND A consultant selection committee comprised of five members (John McDonald, ODOT; Brandon Goldman, Ashland Planning; Michael Morris, Ashland City Council, Pam Marsh, Ashland Planning Commission Chair; and Don Greene, Normal Ave. resident representative)reviewed the five proposals submitted by firms qualified to undertake TGM funded projects. The selection committee identified Parametrix as the preferred respondent, and the City Staff, ODOT and Parametrix have agreed upon the statement of work as is included in the IGA. This statement of work further provides the projects timeline with a completion date of July 2013. FISCAL IMPLICATIONS: Upon approval of an IGA, the TGM Program will dedicate $70,000 of the $82,450 project costs. The remaining balance will constitute the City's match in the amount of$12,450. In the FY 2011-2012 the Community Development Department's budget included funds allocated toward professional services for the development of a housing analysis and housing plans consistent with this project. As such sufficient funds are presently available for the City's required match without requiring new funds to be budgeted. Additional City contributions to this project constitute the dedication of Planning Division staff time for completion of two phases of the project. The first phase will include project management, preparation of background materials, mapping and analysis, conducting neighborhood and stakeholder meetings, review of deliverables, meeting preparation and contract management accounting for approximately .35 FTE from May 2012—January 2013). The phase of the project including refining the draft plan and code amendment, and taking them through the local adoption process would result in the use of staff resources totaling approximately .50 FTE (from February 2013 —July 2013). STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that Council approve the Intergovernmental Agreement, directing staff to proceed ahead with the Normal Avenue Neighborhood Master Plan. SUGGESTED MOTION: Move approval of entering into an Intergovernmental Agreement between the City of Ashland and ODOT to undertake the Normal Avenue Neighborhood Plan project. ATTACHMENTS: • Summary of project objectives • Estimated project timeline • Plan area aerial photo • Plan area natural resources map • Intergovernmental Agreement(TGM Grant Agreement No. 28461) • Letters • Dr. Sue DeMarinis letter dated 2/22/2012 • Nicole Lee and Carol Block letter dated 11/07/2011 • Dr. Marc Cooper letter dated 11/06/2011 o Joint letter from Mr. & Mrs Bishop, Mr. & Mrs. Winmill, Mr. & Mrs. Mandell, Mr. & Mrs. Mahar dated 10/25/2011 Page 2 of 2 �r, CITY OF -ASH LAN D Normal Avenue Neighborhood Plan Summary of Project Objectives The City of Ashland has received a grant award from the State of Oregon's Transportation Growth Program to complete a land use and transportation plan for the 94 acre North Normal Avenue area. At the time a property owner requests annexation into the City of Ashland, the Normal Avenue Neighborhood Plan is intended to help guide changes to the area in a manner that creates a system of greenways, protects and integrates existing stream corridors and natural wetlands, accommodates future housing, and enhances overall mobility by planning for safe walking and bicycle routes while providing convenient access to future bus service. This neighborhood planning effort will address the following objectives: Project Objectives • Increase efficiency in the use of land through concentration of housing in a centrally located area within the City UGB planned for future urban development; • Achieve a development pattern that results in a balanced, multi-modal transportation system and that enhances opportunities for walking, bicycling or using transit in areas planned for transit service; • Delineate housing, neighborhood serving commercial, open space, public space, and green infrastructure improvements, in a manner that provides for preservation and enhancement of creeks and wetlands; • Develop new illustrative conceptual architectural and site plans for Project Area consistent with Transportation and Growth Management objectives. Concepts will meet City's and the property owners' development goals and standards. • Design a local street grid for the Project Area including connections to existing and planned street, pedestrian, and bicycle facilities outside Project Area, to more fully integrate the Project Area into the City transportation system; • Provide for pedestrian and bicycle routes and facility improvements within the Project Area that will provide safe access to local schools; • Provide alternatives to, or delay the need for, expansion of the City UGB; • Reduce emissions that contribute to climate change through changes to transportation or land use plans that reduce expected automobile vehicle miles traveled; , • Provide an implementation strategy that includes supporting Comprehensive Plan and updated TSP amendments, form based codes, and design standards; and • Present the Plan and documentation necessary to support adoption to City's Planning Commission (PC) and City Council (Council). Page I of I �r, CL w N m 7 Q 7 7 N C M A 0 O N d Q ' L u m al v LL CI _ N, U Z� QI .. cu Q) 0 t L O v : ^� C F o aci m d .y m (D v 'U) n o -C p, o c aci E ul 3 O m U > E O U m m Y m a N v) O C o�y m a C O 3 Q cu Q °3 O a- E 3 �i D °_ a) > d rn o' E a rn w a) Q ° 2 m E C E Z C "O N Q "O U) x C O 'D CQ' (� c o m m m Y m a) Y m o m m e c W .@ -4 N Z °o m '� o' a. z ii mo LL @o ao L Er Ym n � mt ac o m � ca3i ►` ca i ani � Za �n 'aa � � ❑ a � o L Y E .y "A — U) y0 U « L C . >. L U }+ ON 7 mE m yE c A a m °) mm a0 mm � 'a O y m - o o � m o w m@ ox � m � E � « Sm 0 z W 00 " x x � � cn � C) 0 a 0 z 0 m CL U) Z LL m I e � I Rr Z r ! 7 << r I tyro= y� r r.- --� r-n - L ,, �, b 1:F'j•t?lrt�7,'7•j!itldv�li� l • ` � lI1M1111 - _ LL LL CD - inn1 C 0 . Kb TGM Grant Agreement No.28461 TGM File Code 3A-I 1 EA#TG12LA55 INTERGOVERNMENTAL AGREEMENT City of Ashland, Normal Avenue Neighborhood Plan THIS INTERGOVERNMENTAL AGREEMENT ("Agreement') is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation ("ODOT" or"Agency"), and City of Ashland ("City" or "Grantee"). RECITALS 1. The Transportation and Growth Management ("TGM") Program is ajoint program of ODOT and the Oregon Department of Land Conservation and Development. 2. ' The TGM Program includes a program of grants for local governments for planning projects. The objective of these projects is to better integrate transportation and land use planning and develop new ways to manage growth in order to achieve compact pedestrian, bicycle, and transit friendly urban development. 3. This TGM Grant (as defined below) is financed with federal Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users ("SAFETEA-LU") funds. Local funds are used as match for SAFETEA-LU funds. 4. By authority granted in ORS 190.110, state agencies may enter into agreements with units of local government or other state agencies to perform any functions and activities,that the parties to the agreement or their officers or agents have the duty or authority to perform. 5. . City has been awarded a TGM Grant which is conditional upon the execution of this Agreement. 6. The parties desire to enter into this Agreement for their mutual benefit. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: SECTION 1. DEFINITIONS Unless the context requires otherwise, the following terms, when used in this Agreement, shall have the meanings assigned to them below: - 1 - TGM Grant Agreement No.28461 TGM File Code 3A-I l EA#TG12LA55 A. "City's Amount" means the portion of the Grant Amount payable by ODOT to City for performing the tasks indicated in Exhibit A as being the responsibility of City. B. "City's Matching Amount" means the amount of matching funds which City is required to expend to fund the Project. C. "City's Project Manager" means the individual designated by City as its project manager for the Project. D. "Consultant" means the personal services contractor(s) (if any) hired by ODOT to do the tasks indicated in Exhibit A as being the responsibility of such contractor(s). E. "Consultant's Amount" means the portion of the Grant Amount payable by ODOT to the Consultant for the deliverables described in Exhibit A for which the Consultant is responsible. F. "Direct Project Costs" means those costs which are directly associated with the Project. These may include the salaries and benefits of personnel assigned to the Project and the cost of supplies, postage, travel, and printing. General administrative costs, capital costs, and overhead are not Direct Project Costs. Any jurisdiction or metropolitan planning organization that has federally approved indirect cost plans may treat such indirect costs as Direct Project Costs. G. "Federally Eligible Costs" means those costs which are Direct Project Costs of the type listed in Exhibit D incurred by City and Consultant during the term of this Agreement. H. "Grant'Amount" or"Grant" means the total amount of financial assistance (including City's Matching Amount) disbursed under this Agreement, which disbursements consist of the City's Amount and the Consultant's Amount. I. "ODOT's Contract Administrator" means the individual designated by ODOT to be its contract administrator for this Agreement. J. "PSK" means the personal services contract(s) executed between ODOT and the Consultant related to the portion of the Project that is the responsibility of the Consultant. K. "Project" means the project described in Exhibit A. L. • "Termination Date" has the meaning set forth in Section 2.A below. - 2 - TGM Grant Agreement No. 28461 TGM File Code 3A-11 EA#TG 12LA55 M. "Total Project Costs" means the total amount of money required to complete the Project. N. "Work Product" has the meaning set forth in Section 5.I below. SECTION 2. TERMS OF AGREEMENT A. Term. This Agreement becomes effective on the date on which all parties have signed this Agreement and all approvals (if any) required to be obtained by ODOT have been received. Further, ODOT's obligation to make any disbursements under this Agreement is subject to payment of the City's Matching Amount by City to ODOT. This Agreement terminates on July 31, 2013 ("Termination Date"). The Agency's payments of amounts under this Agreement attributed to work performed after June 30, 2013, is limited to a maximum amount of$3,400. B. Grant Amount. The Grant Amount which includes City's Matching Amount of$12,450 shall not exceed $82,450. C. City's Amount. The City's Amount shall not exceed $0. D. Consultant's Amount. The Consultant's Amount shall not exceed $82,450. E. City's Matching Amount. The City's Matching Amount is $12,450. City shall pay ODOT the City's Matching Amount at time of the signing of this Agreement SECTION 3. DISBURSEMENTS A. Subject to submission by City of such documentation of costs and progress on the Project(including deliverables) as are satisfactory to ODOT, the City may be reimbursed by ODOT for, or may use as part of the City's Matching Amount, as the case may be only Direct Project Costs that are Federally Eligible Costs that City incurs after the execution of this Agreement up to the City's Amount. Generally accepted accounting principles and definitions of ORS 294.311 shall be applied to clearly document verifiable costs that are incurred. B. City shall present cost reports, progress reports, and deliverables to ODOT's Contract Administrator no less than every other month. City shall submit cost reports for 100% of City's Federally Eligible Costs. C. Reserved D. Reserved - 3 - TGM Grant Agreement No.28461 TGM File Code 3A-1 I EA#TG 12LA55 E. Reserved F. ODOT shall limit reimbursement of, or use as part of the City's Matching Amount, travel expenses in accordance with current State of Oregon Accounting Manual, General Travel Rules, effective on the date the expenses are incurred. SECTION 4. CITY'S REPRESENTATIONS, WARRANTIES, AND CERTIFICATION A. City represents and warrants to ODOT as follows: 1. It is a municipality duly organized and existing under the laws of the State of Oregon. 2. It has full legal right and authority to execute and deliver this Agreement and to observe and perform its duties, obligations, covenants and agreements hereunder and to undertake and complete the Project. 3. All official action required to be taken to authorize this Agreement has been taken, adopted and authorized in accordance with applicable state law and the organizational documents of City. 4. This Agreement has been executed and delivered by an authorized officer(s) of City and constitutes the legal, valid and binding obligation of City enforceable against it in accordance with its terms. 5. The authorization, execution and delivery of this Agreement by City, the observation and performance of its duties, obligations, covenants and agreements hereunder, and the undertaking and completion of the Project do not and will not contravene any existing law, rule or regulation or any existing order, injunction,judgment, or decree of any court or governmental or administrative agency, authority or person having jurisdiction over it or its property or violate or breach any provision of any agreement, instrument or indenture by which City or its property is bound. 6. The statement of work attached to this Agreement as Exhibit A has been reviewed and approved by the necessary official(s) of City. B. As federal funds are involved in this Grant, City, by execution of this Agreement, makes the certifications set forth in Exhibits B and C. - 4 - TGM Grant Agreement No.28461 TGM File Code 3A-I I EA#TG12LA55 SECTION 5. GENERAL COVENANTS OF CITY A. City shall be responsible for the portion of the Total Project Costs in excess of the Grant Amount. City shall complete the Project; provided, however, that City shall not be liable for the quality or completion of that part of the Project which Exhibit A describes as the responsibility of the Consultant. B. City shall, in a good and workmanlike manner, perform the work on the Project, and provide the deliverables for which City is identified in Exhibit A as being responsible. C. City shall perform such work identified in Exhibit A as City's responsibility as an independent contractor and shall be exclusively responsible for all costs and expenses related to its employment of individuals to perform such work. City shall also be responsible for providing for employment-related benefits and deductions that are required by law, including, but not limited to, federal and state income tax withholdings, unemployment taxes, workers' compensation coverage, and contributions to any retirement system. D. All employers, including City, that employ subject workers who work under this Agreement in the State of Oregon shall comply with ORS 656.017 provide the required Workers' Compensation coverage unless such employers are exempt under ORS 656.126. Employers Liability insurance with coverage limits of not less than $500,000 must be included. City shall ensure that each of its contractors complies with these requirements. E. City shall not enter into any subcontracts to accomplish any of the work described in Exhibit A, unless it first obtains written approval from ODOT. F. City agrees to cooperate with ODOT's Contract Administrator. At the request of ODOT's Contract Administrator, City agrees to: (1) Meet with the ODOT's Contract Administrator; and (2) Form a project steering committee (which shall include ODOT's Contract Administrator) to oversee the Project. G. City shall comply with all federal, state and local laws, regulations, executive orders and ordinances applicable to the work under this Agreement, including, without limitation, applicable provisions of the Oregon Public Contracting Code. Without limiting the generality of the foregoing, City expressly agrees to comply with: (1) Title VI of Civil Rights Act of 1964; (2) Title V and Section 504 of the Rehabilitation - 5 - TGM Grant Agreement No.28461 TGM File Code 3A-11 EA 4 TG12LA55 Act of 1973; (3) the Americans with Disabilities Act of 1990 and ORS 659A.142; (4) all regulations and administrative rules established pursuant to the foregoing laws; and (5) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. H. City shall maintain all fiscal records relating to this Agreement in accordance with generally accepted accounting principles. In addition, City shall maintain any other records pertinent to this Agreement in such a manner as to clearly document City's performance. City acknowledges and agrees that ODOT, the Oregon Secretary of State's Office and the federal government and their duly authorized representatives shall have access to such fiscal records and other books, documents, papers, plans, and writings of City that are pertinent to this Agreement to perform examinations and audits and make copies, excerpts and transcripts. City shall retain and keep accessible all such fiscal records, books, documents, papers, plans, and writings for a minimum of six (6) years, or such longer period as may be required by applicable law, following final payment and termination of this Agreement, or until the conclusion of any audit, controversy or litigation arising out of or related to this Agreement, whichever date is later. I. (1) All of City's work product related to the Project that results from this Agreement("Work Product") is the exclusive property of ODOT. ODOT and City intend that such Work Product be deemed "work made for hire" of which ODOT shall be deemed the author. 'If, for any reason, such Work Product is not deemed "work made for hire", City hereby irrevocably assigns to ODOT all of its rights, title, and interest in and to any and all of the Work Product, whether arising from copyright, patent, trademark, trade secret, or any other state or federal intellectual property law or doctrine. City shall execute such further documents and instruments as ODOT may reasonably request in order to fully vest such rights in ODOT. City forever waives any and all rights relating to the Work Product, including without limitation, any and all rights arising under 17 USC §106A or any other rights of identification of authorship or rights of approval, restriction or limitation on use or subsequent modifications. (2) ODOT hereby grants to City a royalty free, non-exclusive license to reproduce any Work Product for distribution upon request to members of the public. (3) City shall ensure that any work products produced pursuant to this Agreement include the following statement: "This project is partially funded by a grant from the Transportation and Growth Management (TGM) Program, a joint program of the Oregon Department of Transportation and the Oregon Department of Land - 6 - TGM Grant Agreement No.28461 TGM File Code 3A-1 l EA#TG12LA55 Conservation and Development. This TGM grant is financed, in part, by federal Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), local government, and State of Oregon funds. The contents of this document do not necessarily reflect views or policies of the State of Oregon." (4) The Oregon Department of Land Conservation and Development and ODOT may each display appropriate products on its "home page". J. Unless otherwise specified in Exhibit A, City shall submit all final products produced in accordance with this Agreement to ODOT's Contract Administrator in the following form: (1) two hard copies; and (2) in electronic form using generally available word processing or graphics programs for personal computers via e-mail or on compact diskettes. K. Within 30 days after the Termination Date, City shall (1) pay to ODOT City's Matching Amount less Federally Eligible Costs previously reported as City's Matching Amount. ODOT may use any funds paid to it under this Section 5.K (1) to substitute for an equal amount of federal SAFETEA-LU funds used for the Project or use such funds as matching funds; and (2) provide to ODOT's Contract Administrator, in a format provided by ODOT, a completion report. This completion report shall contain: (a) The permanent location of Project records (which may be subject to audit); (b) A summary of the Total Project Costs, including a breakdown of those Project costs that are reimbursable hereunder and those costs which are being treated by City as City's Matching Amount; (c) A list of final deliverables; and (d) City's final disbursement request. - 7 - TGM Grant Agreement No.28461 TGM File Code 3A-11 EA 4 TG12LA55 SECTION 6. CONSULTANT If the Grant provided pursuant to this Agreement includes a Consultant's Amount, ODOT shall enter into a PSK with the Consultant to accomplish the work-described in Exhibit A as being the responsibility of the Consultant. In such a case, even though ODOT, rather than City is the party to the PSK with the Consultant, ODOT and City agree that as between themselves: A. Selection of the Consultant will be conducted by ODOT in accordance with ODOT procedures with the participation and input of City; B. ODOT will review and approve Consultant's work, billings and progress reports after having obtained input from City; C. City shall be responsible for prompt communication to ODOT's Contract Administrator of its comments regarding (A) and (B) above; and D. City will appoint a Project Manager to: (1) be City's principal contact person for ODOT's Contract Administrator and the Consultant on all matters dealing with the Project; (2) monitor the work of the Consultant and coordinate the work of the Consultant with ODOT's Contract Administrator and City personnel, as necessary; (3) review any deliverables produced by the Consultant and communicate any concerns it may have to ODOT's Contract Administrator; and (4) review disbursement requests and advise ODOT's Contract Administrator regarding payments to Consultant. SECTION 7. ODOT'S REPRESENTATIONS AND COVENANTS A. ODOT certifies that, at the time this Agreement is executed, sufficient funds are authorized and available for expenditure to finance ODOT's portion of this Agreement within the appropriation or limitation of its current biennial budget. B. ODOT represents that the statement of work attached to this Agreement as Exhibit A has been reviewed and approved by the necessary official(s) of ODOT. C. ODOT will assign a Contract Administrator for this Agreement who will be ODOT's principal contact person regarding administration of this Agreement and will - 8 - TGM Grant Agreement No.28461 TGM File Code 3A-1 I EA#TG12LA55 participate in the selection of the Consultant, the monitoring of the Consultant's work, and the review and approval of the Consultant's work, billings and progress reports. D. If the Grant provided pursuant to this Agreement includes a Consultant's Amount, ODOT shall enter into a PSK with the Consultant to perform the work described in Exhibit A designated as being the responsibility of the Consultant, and in such a case ODOT agrees to pay the Consultant in accordance with the terms of the PSK up to the Consultant's Amount. SECTION 8. TERMINATION This Agreement may be terminated by mutual written consent of all parties. ODOT may terminate this Agreement effective upon delivery of written notice to City, or at such later date as may be established by ODOT under, but not limited to, any of the following conditions: A. City fails to complete work specified in Exhibit A within the time specified in this Agreement, including any extensions thereof, or fails to perform any of the provisions of this Agreement and does not correct any such failure within 10 days of receipt of written notice or the date specified by ODOT in such written notice. B. Consultant fails to complete work specified in Exhibit A within the time specified in this Agreement, including any extensions thereof, and does not correct any such failure within 10 days of receipt of written notice or the date specified by ODOT in such written notice. C. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited or ODOT is prohibited from paying for such work from the planned funding source. D. If ODOT fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow ODOT, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement. In the case of termination pursuant to A, B, C or D above, ODOT shall have any remedy at law or in equity, including but not limited to termination of any further disbursements hereunder. Any termination of this Agreement shall not prejudice any right or obligations accrued to the parties prior to termination. - 9 - TGM Grant Agreement No.28461 TGM File Code 3A-11 EA#TG12LA55 SECTION 9. GENERAL PROVISIONS A. Time is of the essence of this Agreement. B. Except as otherwise expressly provided in this Agreement, any notices to be given hereunder shall be given in writing by personal delivery, facsimile, or mailing the same, postage prepaid, to ODOT or City at the address or number set forth on the signature page of this Agreement, or to such other addresses or numbers as either party may hereafter indicate pursuant to this Section. Any communication or notice so addressed and mailed is in effect five (5) days after the date postmarked. Any communication or notice delivered by facsimile shall be deemed to be given when receipt of the transmission is generated by the transmitting machine. To be effective against ODOT, such facsimile transmission must be confirmed by telephone notice to ODOT's Contract Administrator. Any communication or notice by personal delivery shall be deemed to be given when actually delivered. C. MOT and City are the only parties to this Agreement and are the only parties entitled to enforce the terms of this Agreement. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide any benefit or right not held by or made generally available to the public, whether directly, indirectly or otherwise, to third persons (including but not limited to any Consultant) unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Agreement. D. Sections 5(H), 5(I), and 9 of this Agreement and any other provision which by its terms is intended to survive termination of this Agreement shall survive. E. The parties agree as follows: (a) Contribution. If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against ODOT or Grantee ("Notified Party") with respect to which the other party ("Other Party") may have liability, the Notified Party must promptly notify the Other Party in writing of the Third Party Claim and deliver to the Other Party a copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Each party is entitled to participate in the defense of a Third Party Claim, and to defend a Third Party Claim with counsel of its own choosing. Receipt by the Other Party of the notice and copies required in this paragraph and meaningful opportunity for the Other Party to participate in the investigation, defense and settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to the Other Party's liability with respect to the Third Party Claim. - 10 - TGM Grant Agreement No.28461 TGM File Code 3A-11 EA 4 TG12LA55 With respect to a Third Party Claim for which ODOT is jointly liable with the Grantee (or would be if joined in the Third Party Claim ), ODOT shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by the Grantee in such proportion as is appropriate to reflect the relative fault of ODOT on the one hand and of the Grantee on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of ODOT on the one hand and of the Grantee on the other hand shall be determined by reference to, among other things, the parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. The ODOT's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including but not limited to the Oregon Tort Claims Act, ORS 30.260 to 30.300, if ODOT had sole liability in the proceeding. With respect to a Third-Party Claim for which the Grantee is jointly liable with ODOT (or would be if joined in the Third Party Claim), the Grantee shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by ODOT in such proportion as is appropriate to reflect the relative fault of the Grantee on the one hand and of ODOT on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of the Grantee on the one hand and of ODOT on the other hand shall be determined by reference to, among other things, the parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. The Grantee's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including but not limited to the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding. (b) Choice of Law; Designation of Forum; Federal Forum. (1) The laws of the State of Oregon (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this Agreement, including, without limitation, its validity, interpretation, construction, performance, and enforcement. (2) Any party bringing a legal action or proceeding against any other party arising out of or relating to this Agreement shall bring the legal action or proceeding in the Circuit Court of the State of Oregon for Marion County (unless Oregon law requires that it be brought and conducted in another county). Each party hereby consents to the exclusive jurisdiction of such court, waives any objection to venue, and waives any claim that such forum is an inconvenient forum. (3) Notwithstanding Section 9.E (b)(2), if a claim must be brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court for the District of Oregon. This Section 9.E(b)(3) applies to a claim brought against the State of Oregon only to the extent Congress has appropriately - 11 - TGM Grant Agreement No.28461 TGM File Code 3A-I l EA 4 TGI2LA55 abrogated the State of Oregon's sovereign immunity and is not consent by the State of Oregon to be sued in federal court. This Section 9.E(b)(3) is also not a waiver by the State of Oregon of any form of defense or immunity, including but not limited to sovereign immunity and immunity based on the,Eleventh Amendment to the Constitution of the United States. (c) Alternative Dispute Resolution. The parties shall attempt in good faith to resolve any dispute arising out of this Agreement. This may be done at any management level, including at a level higher than persons directly responsible for administration of the Agreement. In addition, the parties may agree to utilize ajointly selected mediator or arbitrator(for non-binding arbitration) to resolve the dispute short of litigation. F. - This Agreement and attached Exhibits (which are by this reference incorporated herein) constitute the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No modification or change of terms of this Agreement shall bind either party unless in writing and signed by all parties and all necessary approvals have been obtained. Budget modifications and adjustments from the work described in Exhibit A must be processed as an amendment(s)to this Agreement and the PSK. No waiver or consent shall be effective unless in writing and signed by the party against whom such waiver or consent is asserted. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of ODOT to enforce any provision of this Agreement shall not constitute a waiver by ODOT of that or any other provision. G. This Agreement may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all parties, notwithstanding that all parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original. On December 1, 2010 the Director of the Oregon Department of Transportation approved DIR-06, in which authority is delegated from the Director of the Oregon Department of Transportation to the Operations Deputy Director and Transportation Development Division Administrator, to approve agreements with local governments, other state agencies, federal governments, state governments, other countries, and tribes as described in ORS 190 developed in consultation with the Chief Procurement Officer. 12 - TGM Grant Agreement No.28461 TGM File Code 3A-I I EA 4 TG12LA55 City Jerri Bohard, Division Administrator Transportation Development Division City of Ashland Date: By: (Official's Signature) Contact Names: Maria Harris City of Ashland (Printed Name and Title of Official) City Hall,20 East Main Street Ashland,OR 97520-1849 Date: Phone: 5415522045 Fax: 541-488-5311 E-Mail: harrism @ashland.or.us John McDonald,Contract Administrator ODOT Transportation and Growth Management Program 3500 NW Stewart Parkway STATE OF OREGON, by and through Roseburg,OR 97470 its Department of Transportation Phone: 541-957-3688 Fax: 541-957-3547 By: E-Mail: John.McDonald @odot.state.or.us - 13 - TGM Grant Agreement No.28461 TGM File Code 3A-11 EA 4 TG 12LA55 EXHIBIT A CITY OF ASHLAND NORMAL AVENUE NEIGHBORHOOD PLAN Acronyms/Definitions Agency/ODOT Oregon Department of Transportation City City of Ashland Council Ashland City Council County Jackson County in Oregon GIS Geographic Information Systems PC City of Ashland Planning Commission Plan City of Ashland Normal Avenue Neighborhood Plan PMT Project Management Team RVMPO Rogue Valley Metropolitan Planning Organization TPAU Transportation Planning Analysis Unit TSP Transportation System Plan UGB Urban Growth Boundary WOC Work Order Contract WOCPM Work Order Contract Project Manager PROJECT MANAGEMENT TEAM ("PMT") Consultant—Parametrix Jason Franklin;Project Manager jfranklin(ae parametrix.com Parametrix 503-416-6167 700 NE Multnomah Suite 1000 Portland, OR 97232 City of Ashland Brandon Goldman, Senior Planner brandon.goldman@ashland.or.us Department of Community Development 541-552-2045 20 E Main Street Ashland, OR 97520 ODOT/TGM Work Order Contract Project Manager john.mcdonald @odot.state.or.us John McDonald 541-957-3688 Oregon Department of Transportation 3500 NW Stewart Parkway Roseburg, OR 97470 - 14 - TGM Grant Agreement No.28461 TGM File Code 3A-I I EA#TG12LA55 This statement of work describes the responsibilities of all entities involved in this cooperative project. The work order contract (for the purposes of the quoted language below the "WOC")with the work order consultant("Consultant") shall contain the following provisions in substantially the form set forth below: "PROJECT COOPERATION This statement of work describes the responsibilities of the entities involved in this cooperative Project. In this Work Order Contract(WOC), the Consultant shall only be responsible for those deliverables assigned to the Consultant. All work assigned to other entities are not Consultant's obligations under this WOC, but shall be obtained by Agency through separate intergovernmental agreements which contain a statement of work that is the same as or similar to this statement of work. The obligations of entities in this statement of work other than the Consultant are merely stated for informational purposes and are in no way binding, nor are the named entities parties to this WOC. Any tasks or deliverables assigned to a subcontractor shall be construed as being the responsibility of the Consultant. Any Consultant tasks or deliverables which are contingent upon receiving information, resources, assistance, or cooperation in any way from another entity as described in this statement of work shall be subject to the following guidelines: I. At the first sign of non-cooperation, the Consultant shall provide written notice(email acceptable)to Oregon Department of Transportation (Agency) Work Order Contract Project Manager(WOCPM)of any deliverables that may be delayed due to lack of cooperation by other entities referenced in this statement of work. 2. WOCPM shall contact the non-cooperative entity or entities to discuss the matter and attempt to correct the problem and expedite items determined to be delaying the Consultant. If Consultant has followed the notification process described in item 1, and Agency finds that delinquency of any deliverable is a result of the failure of other referenced entities to provide information, resources, assistance, or cooperation, as described in this statement of work, the Consultant will not be found in breach of contract; nor shall Consultant be assessed or liable for any damages arising as a result of such delinquencies.Neither shall ODOT be responsible or liable for any damages to Consultant as the result of such non-cooperation by other entities. WOCPM will negotiate with Consultant in the best interest of the State, and may amend the delivery schedule to allow for delinquencies beyond the control of the Consultant." PROJECT BACKGROUND AND OBJECTIVES Project Purpose/Transportation Relationship and Benefit The Normal Avenue Neighborhood Plan (Plan) will guide future development to provide for a compact urban form which better accommodates needed housing types, creates a system of greenways, protects and integrates natural features, enhances overall mobility while reducing reliance on the automobile, and 15 - TGM Grant Agreement No.28461 TGM File Code 3A-I I EA#TG12LA55 supports green infrastructure within the Project Area. Given the project area's central location, it presents an opportunity for a concentration of housing and neighborhood services in a manner that supports efficient land use and transit-oriented development. Project,Area Normal Avenue neighborhood, situated between East Main Street in the north and railroad tracks in the south, Clay Street in the east and the Ashland Middle School in the west. Currently, the 94 acre area has a mix of Comprehensive Plan designations including single family residential and suburban residential, and is presently outside the City of Ashland (City) city limits but within the City Urban Growth Boundary (UGB). See attached Map. Background Residential development in the Project Area has historically been low density -rural residential large lot single family homes - consistent with Jackson County (County) zoning standards. Unfortunately, this pattern of large lot development did not fully consider opportunities for further intensification of land use nor achieve the densities provided for in City's Comprehensive Plan. Project Area constitutes the largest remaining area of residentially designated land that is suitable for medium-to high-density development which remains largely vacant or redevelopable. However, City's current Comprehensive Plan anticipates this area will primarily develop as low density and suburban residential upon annexation into the City. City is concerned that these planned densities may be insufficient to accommodate projected population growth and support a high level of transit service. In 2010, City received a pre-application to annex an individual parcel within the Project Area with a proposed density over twice that of the future zoning anticipated in the underlying Comprehensive Plan. Such high density housing would be supportive of transit and help City maintain a tight urban form. It is City's intention to update the current Comprehensive Plan to provide for a coordinated approach to planning the entire area. This Normal Avenue Neighborhood Plan project(Project)will implement policies of the Comprehensive Plan's Transportation Element and City Transportation System Plan (TSP), currently being updated and likely adopted spring 2012, which aim to reduce automobile dependency by providing enhanced pedestrian, bicycle, and transit connections between the Normal Avenue Neighborhood to the rest of the City. The integrated land use and transportation plan will provide a circulation plan identifying new local streets, bike and pedestrian paths, transit route opportunities, and consolidated access points to the adjacent major arterial street (East Main Street). The Project will seek to implement policies of the Ashland Comprehensive Plan including the provision openspace and greenways within an area of compact transit oriented development. Given its centralized location, equidistant between the downtown and commercial center surrounding 1- 5 interchange 14,the property is well-positioned to accommodate a concentration of a variety of housing in an area where multi-modal transportation options are likely to be convenient and utilized. City's Central Bike Path borders the south side of the Project Area and provides ready access to pedestrians and bicyclists to the City's commercial centers, schools, and recreation opportunities. Along the - 16 - TGM Grant Agreement No.28461 TGM File Code 3A-11 EA#TG12LA55 northern boundary of the Project Area is East Main Street which is a main arterial which previously was served by the Rogue Valley Transportation District's Route 15 bus line. The Draft TSP projects the Project Area will have transit supporting densities upon build-out under the current comprehensive plan designations. The success of transit is largely a factor of the residential or job densities served by the line, and as such the efficient development of these lands will support and enhance the existing transportation system. The Project Area includes the largest locally significant wetland within City's UGB, totaling about five acres in size. The area includes sections of Clay Creek and Cemetery Creek. Preservation and enhancement of these existing wetlands and streams will provide amenities that benefit the area and City as a whole. A coordinated planning effort to accommodate needed housing types in an efficient manner in consideration of these natural resources supports the long-term vision of City. Timeliness As City continues to promote a compact urban form through efficient land use, the development pressure on lands currently outside the city limits yet within the UGB has increased. City recently identified no new growth areas through the Regional Problem Solving process between County and local municipalities. This position is reliant on the expectation that City continues to accommodate future population growth within the existing UGB throughout the Regional Problem Solving planning period. As such, it is imperative that City examines opportunities to most efficiently urbanize remaining lands, secure multi-modal transportation options,.build upon the City's system of greenways as identified in the Parks and Openspace Plan, and remain sensitive to environmental constraints in relation to future development potential. This Project is not contingent upon the ultimate approval of the Regional Problem Solving plan, but rather supports the position that future urbanization should occur within City's existing UGB to accommodate future growth. City recently adopted new ordinances regulating the protection of wetlands and riparian area(chapter 18.63 of the Ashland Land Use Ordinance), which went into effect in January, 2010. Project Area contains both significant wetlands and locally designated streams which would be impacted by future development within County or upon annexation. Plan will serve as a demonstration of how future development can occur in a manner that is sensitive to these vital natural resources. City is currently conducting an update of City's TSP funded in large part through the Transportation and Growth Management program. Anticipating higher residential densities where appropriate will assist in the development of the Updated TSP in factoring such densities to support a high level of transit service. Future updates of the pedestrian and bicycle circulation elements will also benefit from identified linkages Noth internally and to nearby transit stops. The Plan will follow up the momentum established with review and adoption of the Updated TSP with specific neighborhood planning to implement portions of the Updated TSP. Project Objectives • Increase efficiency in the use of land through concentration of housing in a centrally located area within the City UGB planned for future urban development; 17 TGM Grant Agreement No.28461 TGM File Code 3A-11 EA 4 TG12LA55 • Achieve a development pattern that results in a balanced, multi-modal transportation system and that enhances opportunities for walking, bicycling or using transit in areas planned for transit service; • Delineate housing, neighborhood serving commercial, open space, public space, and green infrastructure improvements, in a manner that provides for preservation and enhancement of creeks and wetlands; • Develop new illustrative conceptual architectural and site plans for Project Area consistent with Transportation and Growth Management objectives. Concepts will meet City's and the property owners' development goals and standards. • Design a local street grid for the Project Area including connections to existing and planned street;pedestrian, and bicycle facilities outside Project Area, to more fully integrate the Project Area into the City transportation system; • Provide for pedestrian and bicycle routes and facility improvements within the Project Area that will provide safe access to local schools; • Provide alternatives to, or delay the need for, expansion of the City UGB; • Reduce emissions that contribute to climate change through changes to transportation or land use plans that reduce expected automobile vehicle miles traveled; • Provide an implementation strategy that includes supporting Comprehensive Plan and updated TSP amendments, form based codes, and design standards; and • Present the Plan and documentation necessary to support adoption to City's Planning Commission (PC) and City Council (Council). GENERAL PROVISIONS Expectations about Written and Graphic Deliverables Plan must be written concisely and use a simple and direct style, both to minimize the length of the final document and to make the document understandable to as large an audience as is reasonable. Where possible, information must be presented in tabular or graphic format, with a simple and concise accompanying narrative (e.g. system inventories, traffic conditions). Electronic documents must be in a format easily translated by a screen reader or text-to-voice software. Consultant shall provide copies of written deliverables to the Project Management Team (PMT), including the City and WOCPM, in electronic formats. The following apply to all deliverables unless otherwise specified in this SOW or by Agency: 1. Draft Materials It is expected that draft deliverables shall be substantially complete and that any changes or revisions needed to address comments will be minor. Consultant is not required to make major or extensive revisions without an approved contract amendment. This provision does not limit the right of Agency to require correction of deliverables that do not meet the requirements of this SOW. 18 - TGM Grant Agreement No.28461 TGM File Code 3A-11 EA#TG 12LA55 Consultant shall provide draft deliverables to the PMT at least ten working days prior to the scheduled meeting/public release. City shall submit one set of consolidated, non-conflicting comments on draft deliverables to Consultant within five working days after receipt, unless otherwise directed by PMT. WOCPM shall submit one set of comments on draft deliverables to Consultant within three working days after receipt of draft materials, unless otherwise directed by PMT. Consultant shall make minor revisions and corrections to draft deliverables based on comments received and provide new draft.to City and WOCPM at least two working days prior to meeting/public release. 2. Text memorandums and reports All memorandums and reports are to be delivered to local government and TGM program digitally in Microsoft Word format, or an editable format agreed upon by PMT. Final versions of deliverables must also be provided in an open universally readable format. Memorandums and reports are to be formatted for 8%z-inch by l l-inch or 11-inch by 17-inch paper. The following text must appear in Project's final products: "This project is partially funded by a grant from the Transportation and Growth Management (TGM) Program,a joint program of the Oregon Department of Transportation and the Oregon Department of Land Conservation and Development. This TGM grant is financed, in part, by federal Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), local government, and the State of Oregon funds. The contents of this document do not necessarily reflect views or policies of the State of Oregon." Consultant name or logos may not appear on Final Plan documents, with the exception of the acknowledgement page. 3. Maps and graphic deliverables Maps and site plans must be provided as electronic deliverables which can be read and used directly with ArcGIS 9.0, geo-referenced to the City's Geographic Information System (GIS) base data, or in a format as agreed between Consultant, City, and Agency. Maps and graphics must include details necessary to ensure usability. Maps must include, at a minimum: a scale; a direction indicator indicating north; a color scheme that ensures readability in black and white; a legend; source; and date for the underlying information. All graphics, including but not limited to vector based graphics including perspectives, axonometric drawings and elevations created digitally, are to be delivered to the PMT digitally in both the native format in which they are created (such as Adobe Indesign, Photoshop, Sketch up, AutoCad etc.) and in an open universally readable format(such as PDFs and or JPGs), as agreed between Consultant, City and Agency. 19 - TGM Grant Agreement No.28461 TGM File Code 3A-I I EA#TG12LA55 4. Web Access to All Materials Consultant shall provide the PMT continued web access to all completed project files throughout the duration of the Project. Consultant may satisfy this requirement for an online repository of electronic project files by providing a dedicated webpage for PMT use which includes links to each file, providing access to a File Transfer Protocol site enabling direct downloading of Project files, or an alternative distribution method as agreed between Consultant, City and WOCPM. Exaectations About Meetings and Public Involvement The Public Involvement program must comply with Statewide Planning Goal 1 (Citizen Involvement), which calls for"the opportunity for citizens to be involved in all phases of the planning process." City shall consider environmental justice issues, which is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. Fair treatment means that no group of people, including a racial, ethnic, or a socioeconomic group, should bear a disproportionate share of the negative environmental consequences resulting from industrial, municipal, and commercial operations or the execution of federal, state, local, and tribal programs and policies. Meaningful involvement means that: (I) potentially affected community residents have an appropriate opportunity to participate in decisions about a proposed activity that will affect their environment and health; (2) the public's contribution can influence the regulatory agency's decision; (3) the concerns of all participants involved will be considered in the decision making process; and (4) the decision makers seek out and facilitate the involvement of those potentially affected. City shall consider Title VI regarding outreach to minorities, women, and low-income populations. Special efforts shall be directed to ensuring outreach to and representation of minorities, women, and low income populations. The primary aspect of public involvement is through the City's PC. City shall ensure that commission meetings include outreach to and'opportunity for representatives of the following interests to be heard: property owners, property development, business, residents-at-large, freight, and environmental justice. Specific information regarding the deliverables and responsibility of public involvement tasks are listed under the appropriate task. In general the following applies to all public involvement: Meetings a. City shall schedule and arrange all PC/Council meetings b. City shall provide support for all meetings including published and mailed notices as appropriate, meeting space and collecting feedback after the meeting. c. City shall maintain a project webpage on the City web site containing all materials and information relevant to development of the plan. d. City shall facilitate PC/Council Study Sessions. - 20 - TGM Grant Agreement No.28461 TGM File Code 3A-11 EA I1 TGI2LA55 e. Consultant shall present materials and answer questions at PC/Council Study Sessions, as agreed between Consultant and Agency. f. Consultant shall provide hard copies of large scale maps and concept plans for use at public meeting that are a minimum 2-foot by 3-foot in size. g. Meeting notes must confirm that Consultant conducted or attended the meeting as required. Meeting notes are a brief summary of the attendees, topics discussed, and decisions reached. Clear, handwritten notes taken during the meeting are acceptable. Minutes from public meetings before City Commissions or Council shall be completed by the City and shall satisfy this provision. Expectations About Traffic Analysis An Oregon-registered professional engineer(civil or traffic) shall perform or oversee all traffic analysis work. Traffic analysis software must follow Highway Capacity Manual 2010 procedures. Traffic analysis must comply with ODOT Analysis Procedures Manual. Consultant shall coordinate all analysis with ODOT's Transportation Planning Analysis Unit(TPAU). Consultant shall get approval of methodology from TPAU prior to beginning analysis. The planning horizon year for future scenarios is 2034 to provide consistency with other local and regional planning efforts. The expectations for the evaluation of the existing and future traffic conditions are more fully described in the related tasks. Project Workscove Task 1: Information Assembly and Existing Conditions Analysis 1.1 Project Management Meeting#1 Consultant shall facilitate Project Management Meeting#1 via video- or teleconference with PMT to initiate the Project and discuss the planning process, schedule, and issues. Consultant shall submit Meeting Summary of Project Management Meeting#1 to City and WOCPM within one week following Project Management Meeting#1. 1.2 Project Schedule Consultant shall prepare and submit to City and WOCPM at Project Management Meeting#1 a Project Schedule using MS Project compatible software. Consultant shall update Project Schedule as needed, as WOCPM requests, and distribute updated schedule to City and WOCPM. Consultant shall provide Project Schedule and updates to City for placement on Project Webpage (see Task 2). 1.3 Background Information Summary City shall prepare and submit Background Information Summary to Consultant and WOCPM within two weeks following Project Management Meeting#1. The Background Information Summary must include a simple and concise narrative of the background information as it pertains to Plan. - 21 - TGM Grant Agreement No.28461 TGM File Code 3A-I I EA#TG12LA55 Background information must include, but is not limited to: • City Comprehensive Plans, maps and text; • Development regulations, zoning maps and text; • City Street Standards(City Handbook for Planning and Designing Streets); • City most recent Buildable Lands Inventory; • Section 18.63 of the Ashland Land Use Ordinance; • City Local Wetlands Inventory; • National Flood Insurance Program Study for County; • TSP; • Draft TSP including all technical memoranda; • Multi-modal LOS methodology used in City TSP update; • Site Surveys or detailed maps of the Project Area and immediate surroundings; • Aerial photography; • Topographic maps; • GIS shapefiles including taxlots, wetlands, floodplains, roads, buildings, soils, and other relevant data; • Site plans or pending applications within the Project Area, including existing conceptual plans; • Traffic studies prepared for previous applications within the Project Area; • Rogue Valley Transit District routes and schedules; • Rogue Valley Transit District Strategic Business and Operations Plan; • City Capital Improvement Program; and • Any other pertinent data specific to the Project Area. 1.4 Base Maps City shall prepare and submit to Consultant and WOCPM Base Maps depicting relevant existing conditions for use in later tasks. Base Maps must include a digital copy of the map, and geospatial data files developed to create Base Maps. Base Maps must include: • Streets; • Railroad; • pedestrian and bike paths; • property boundaries; • tax lots; • buildings; • designated wetlands; • wetland buffer areas; • creeks; • floodplains; and • other significant natural features. 1.5 Stakeholder Meetings and Summary City shall arrange and conduct Stakeholder Meetings interviewing up to twenty stakeholders or stakeholder groups. City shall provide a location in Ashland for Stakeholder Meetings. Potential participants include: - 22 - TGM Grant Agreement No. 28461 TGM File Code 3A-I 1 EA#TG12LA55 • Property owners of parcels in and next to Project Area; • Representatives from religious institutions in and next to Project Area; • Representatives of the Ashland business and civic community; • Representatives of the City's Community Development, and various City Departments; • Rogue Valley Transportation District; • County Planning Department; and • Other Stakeholders as identified. City may use Base Maps for illustrative purposes at Stakeholder Meetings. City shall prepare and submit Summary to Consultant and WOCPM within two weeks following Stakeholder Meetings outlining the topics of discussion and comments of each Stakeholder Meeting/interview. 1.6 Annotated Map City shall prepare Annotated Map of the key opportunity areas, constraints and issues for Project Area based upon information obtained from subtasks 1.1 through 1.4. Annotated Map must include a digital copy of the map, and geospatial data files developed to create the map. 1.7 Existing Site Conditions Executive Summary City shall prepare Existing Site Conditions Executive Summary and submit to Consultant and WOCPM. Existing Site Conditions Executive Summery must.include: • An evaluation of the Project Area in relation to schools, commercial business districts, commercial and civic attractors, and adjacent residential development; An inventory and delineation of existing natural areas including wetlands, riparian areas, floodplains, significant trees, and other significant natural features; • An evaluation of the existing road classifications and transit availability as they relate to the Project Area; • Photos of the Project Area; and • Stakeholder Meetings Summary City Deliverables 1.1 Project Management Meeting#1 1.3 Background Information Summary 1.4 Base Maps 1.5 Stakeholder Meetings and Summary 1.6 Annotated Map 1.7 . Existing Site Conditions Executive Summary Consultant Deliverables 1.1 Project Management Meeting#1 1.2 Project-Schedule Task 2: Public Involvement Objective: Ensure early involvement of property owners, residents, local and state government, and other interested parties in developing an identity and vision for the Project Area. - 23 - TGM Grant Agreement No.28461 TGM File Code 3A-1 I EA#TG12LA55 2.1 Project Webpage City shall develop and maintain a public Project Webpage on the City's website containing all materials and information relevant to development of the Plan. Webpage with all project related information and materials developed, all GIS products and graphics, and meeting information (times, locations, agendas, summaries, and materials). Project Webpage will be "live"within eight weeks of Notice to Proceed. 2.2 Project Area Mailing and Summary City shall prepare Project Area mailing and submit to WOCPM. City shall mail the Project Area Mailing to all property owners within the Project Area (up to 25 mailers). Project Area Mailing must include: • A summary sheet that outlines Project Objectives and processes; • A general outline of the public involvement process and timeline; • Project Webpage information (from City); • A Key Participant Survey; • A stamped return envelope for survey responses; • A framework to examine residents' expectations about the future development of the Project Area and their property; • A means of eliciting comments regarding potential development constraints and opportunities in the Project Area; and • A request for contact information including email to receive future information regarding the Normal Avenue Neighborhood Plan development City shall prepare Summary which must include a summary of responses received. 2.3 PC/Council Update and Summary City shall update the Council and PC on the Plan's initial phase. City shall provide PC and Council an analysis of input received from Key Participant Survey, Stakeholder Meetings Summary, and Project Webpage. City shall solicit from Council/PC any specific and general goals and guiding principles for the Project. City shall prepare and submit to Consultant and WOCPM a Council/PC update Summary. Summary must include materials presented, feedback received, questions asked, and meeting minutes. 2.4 City-wide Mailing City shall prepare a Project Summary for inclusion in the CitySource publication to be included in city utility bill. City-wide Mailing must include a general description of the Project and Project Area to be evaluated, clear direction regarding how residents can participate in the planning process and obtain more detailed information, and Project Webpage information. City Deliverables 2.1 Project Webpage 2.2 Project Area Mailing and Summary 2.3 PC/Council Update and Summary 2.4 City-wide Mailing Consultant Deliverables none -24 - TGM Grant Agreement No.28461 TGM File Code 3A-I I EA#TG12LA55 Task 3: Alternatives Development and Analysis Objective: To develop'a series of neighborhood framework overlays which identify and illustrate alternatives for the concentration, density, and types of land uses in relation to neighborhood transportation networks, significant natural area, open spaces and community facilities. 3.1 Housing and Land Use Framework Consultant shall prepare and submit to City and WOCPM Housing and Land Use Framework which must include: • A summary of the City Buildable Lands Inventory(provided by City) land supply within the Project Area; • A summary of the City Housing Needs Analysis (provided by City); • Market Feasibility Report, including: market profile, market demand scenarios, and describing the potential ranges of numbers and types of dwelling units; • A summary of Housing Equity opportunities providing for a broad range of housing types of varying costs commensurate with area income ranges; • A summary and illustrative plan outlining housing development potential under two alternative land use development scenarios: 1. Development consistent with existing Comprehensive Plan designations; 2. Development consistent with a high density residential Comprehensive Plan designation. Scenario 2 above may additionally consider the inclusion of neighborhood-serving commercial uses where appropriate. (In recognition of Ashland's position in the Regional Problem Solving Plan, to maintain the existing Urban Growth Boundary in its present location, each scenario above must include an evaluation of whether the objective of accommodating future population growth within the existing UGB is supported by the scenario.) • An evaluation of opportunities for neighborhood serving commercial uses and mixed use development within the Project Area. 3.2 Greenway and Openspace Framework Consultant shall prepare and submit to City and WOCPM Greenway and Openspace Framework, consistent with subtask 3.1, which must include: • Identification of natural areas including wetlands, riparian area, and other environmentally- sensitive areas; • Identification of opportunities for public spaces and parks; and • Identification of opportunities for private openspace. 3.3 Mobility Framework Consultant shall prepare and submit to City and WOCPM Mobility Framework, consistent with subtask 3.1, which must include: • A circulation system for bicyclists and pedestrians that includes connectivity with the Ashland Central Area Multi-Use Path, open space and natural areas, and safe routes to schools; - 25 - TGM Grant Agreement No.28461 TGM File Code 3A-I1 EA#TG 12LA55 • A circulation system for automobile connectivity within the existing street system in keeping with the Transportation Element policies of the Comprehensive Plan; • Identification of street alignment opportunities to maximize building solar orientation opportunities; • Identification of specific access points along East Main Street and Clay Street; • Analysis of current and potential opportunities for transit service; and identification of future transit stop locations and amenities. • Preliminary identification of safety focus locations requiring further study in Task 5. Safety focus locations are defined as those intersections or roadway segments where the existing five- year crash rate exceeds published Crash Rate Tables for similar facilities. 3.4 Infrastructure Framework Consultant shall prepare and submit to City and WOCPM Infrastructure Framework, consistent with subtask 3.1, which must include • Identification of location and extension of key public facilities including sewer, water, electric and the Ashland Fiber Network; and • Identification of storm water management strategies and regulations to be implemented through the development of public facilities and site design, including: o Green streets; o Pervious parking and hardscape requirements; o Study Area water retention location opportunities; and o Landscaping and water conservation requirements. 3.5 Sustainable Neighborhood Framework Consultant shall prepare and submit to City and WOCPM Sustainable Neighborhood Framework which must include: • A summary of the relationships between frameworks (subtasks 3.1 to 3.4) in creating and fostering a sustainable neighborhood; • Examination of LEED-ND requirements and application opportunities in the Project Area; • Identification of opportunities to increase energy efficiency and sustainability in site planning, and building design; and • Identification of incentives (e.g density bonuses, height bonus, expedited permitting and planning application process) for achieving efficiency in energy use, water conservation, waste reduction and in providing support of a multimodal transportation system. 3.6 Conceptual Plan Consultant shall use assembled data, comments from PMT, Stakeholder Interviews, Annotated Map, and frameworks developed in tasks 3.1 through 3.5 to generate one Conceptual Plan. The Conceptual Plan is intended to show ideas for development of the Project Area based on the requirements and desires of participants in Stakeholder Meetings and City. The Plan must illustrate an alternative development scenario that could presently be achievable under the existing Comprehensive Plan designations and development standards. The Conceptual Plan must include area plan showing proposed zoning; openspace areas; street circulation and design; pedestrian and bike facilities; housing density; building massing, photos of existing examples to-demonstrate the general character and scale of proposed structures; and other graphic materials necessary to show the overall design of the Conceptual Plan. The - 26 - TGM Grant Agreement No.28461 TGM File Code 3A-I I EA#TG 12LA55 Conceptual Plan does not require a high level of architectural design detail, but must be suitable to the local context(i.e. the "small-town character"of Ashland). Conceptual Plan must • include development types identified in Housing and Land Use Framework • identify best locations for concentrations of housing, and any proposed neighborhood serving mixed-use commercial components. • show any designated greenways or public open space. • identify locations for consolidated storm water management water retention facilities if proposed. • each include adequate methods of accommodating pedestrian, bicycle, and motor vehicle traffic through Project Area. • show any connections to existing or planned transportation facilities within, or neighboring, the Project Area. Consultant shall coordinate with PMT to ensure the Concept Plan is adequate to meet City and ODOT requirements for issues such as access management and local street standards The Conceptual Plan must include: • Plan views showing zoning and lot layouts in consideration of natural features and transportation network; o Vehicular, pedestrian, and bicycle circulation plans, including their connections to the City transportation system; • A short narrative with the highlights including a summary of: Housing and Land Use Framework Greenway and Openspace Framework; Mobility Framework Infrastructure Framework and • Sustainability Framework City Deliverables 3.1 Summary of Buildable Lands Inventory and City Housing Needs Analysis Consultant Deliverables 3.1 Housing and Land Use Framework 3.2 Greenway and Openspace Framework 3.3 Mobility Framework 3.4 Infrastructure Framework 3.5 Sustainable Neighborhood Framework 3.6 One Conceptual Plan 27 - 6 TGM Grant Agreement No. 28461 TGM File Code 3A-11 EA 4 TG12LA55 Task 4: Concept Plan Alternatives Review 4.1 Project Management Meeting #2 Consultant shall facilitate Project Management Meeting #2 via video- or teleconference with PMT to review the Three Conceptual Plan Alternatives and provide guidance to Consultant prior to the charrette. Consultant shall prepare summary and submit to City and WOCPM within one week. 4.2 Charrette Consultant shall conduct the charrette in Ashland to exhibit the Conceptual Plans and Frameworks, obtain input from key stakeholders and the public and create a preferred alternative. City will arrange the charrette space and logistics, including ensuring proper amount of studio space with adequate facilities and provide at least one staff person full time to provide ongoing logistical support. The charrette will occur over four consecutive days and three nights with the following general schedule. Day 1 Day 2 Day 3 Day 4 Staff& Technical Studio Studio to package Meetings deliverables One-on-one Lunch stakeholder meetings Site Tour and Lunch Break Lunch Break Stakeholder meetings Public Meeting to Studio Public meeting to resent Frame present work Consultant shall prepare summary and submit to City and WOCPM within one week of charrette; summary must include a brief outline of the charrette (time, location, duration, summary of materials presented),participants list, comment and feedback, and comment and feedback trends. Consultant shall prepare and submit to City and WOCPM Final Charrette Materials, including up to two (2) illustrations of key opportunity sites, and a plan that addresses each framework component (housing, land use, mobility, openspace, infrastructure, and sustainability). The charrette will result in the development of a preferred alternative for inclusion in the draft Plan as well as draft language for code and design changes to be included in the draft plan. The public meetings must include diagrams, maps and drawings necessary to convey the ideas and issues present in the Project Area. City Deliverables 4.1 Project Management Meeting#2 4.2 Charrette Consultant Deliverables 4.1 Project Management Meeting#2 4.2 Charrette and Final Charrette Materials -28 - TGM Grant Agreement No.28461 TGM File Code 3A-I I EA#TG12LA55 Task 5: Transportation Analysis ` 5.1 Traffic Counts ODOT will conduct 4-hour PM peak period (2-6 PM) counts of the following intersections: • OR66/Normal Ave (only needed if a plan alternative will include formalization of the Normal Avenue railroad crossing) • East Main/Clay • East Main/Tolman Creek Road Counts must include vehicular traffic by type, pedestrian movements, bicycle, wheeled pedestrians (wheelchairs, skateboards, etc.), and whether bicyclists are wearing helmets. Counts must use 15- minutes intervals over the entire period. Counts should be taken when school is in session and avoid any holiday weeks(September-May). ODOT will submit traffic counts, recordings, and related data to WOCPM, City, and the Rogue Valley Metropolitan Planning Organization (RVMPO). 5.2 Existing Traffic Analysis Consultant shall prepare and submit to City and WOCPM Existing Traffic Analysis for all traffic count intersections identified in subtask 5.1 and shall include the Draft TSP analysis of the intersections of East Main/Walker, OR66/Walker, and OR66/Tolman Creek Road in order to judge impacts on the surrounding system. Analysis must include deficiencies (e.g. failure to meet application state or local policies or laws). Operational analysis for all facilities, regardless of jurisdiction, must include: • Volume-to-capacity ratio • Level of Service • Multi-Modal Level of Service, utilizing the methodology in the current City TSP Update • 95`h Percentile queuing • Turning movements Non-automobile transportation analysis must include: • Volume • Type • Direction • For non-automobile devices that typically require safety equipment(e.g. bicycle, skateboard), the percentage of users wearing safety equipment(at least helmets). Consultant shall obtain approval of methodology and assumptions for the existing conditions, (and for future conditions and altematives).from TPAU and Region 3 Traffic Office prior to beginning analysis of existing conditions. Consultant shall prepare a Methodology and Assumptions Memorandum for review by TPAU and Region 3 traffic. Methodology and Assumptions Memorandum must cover analysis methodologies and assumptions for developing 30'h highest hour volumes, 2034 future baseline volumes (to be developed from forecasts in the City's Draft TSP Update), and 2034 volumes for any - 29 - TGM Grant Agreement No.28461 TGM File Code 3A-1 I EA#TG12LA55 alternatives,travel demand model scenario descriptions, and any other relevant analysis methodologies/assumptions/major parameters used throughout the analysis tasks. Consultant shall obtain three to five years of crash data from Agency's Crash Data & Reporting Unit for Project Area intersections and adjacent roadway segments. Consultant shall calculate segment and intersection crash rates in the Project Area. Intersection crash rate calculations must use the Highway Safety Manual Critical Rate method. Segment crash rates must be compared with Table 11 in the Agency's published Crash Rate Tables for similar facilities. For any identified locations that exceed the published segment or calculated critical intersection rate, Consultant shall identify and present crash patterns and potential countermeasures/safety improvements in the Existing Traffic Analysis. Consultant shall document summary crash data results including crash rates in Existing Traffic Analysis. All traffic volumes must use the 30`h Highest Hour. All traffic analysis, including electronic files, must be submitted to ODOT Region 3 Traffic for approval. Consultant shall submit all traffic count analysis to WOCPM, City, and the RVMPO. Consultant shall collect (either from the Draft TSP work or from site-visits) all necessary inventory data to support the base and future analysis. City Deliverables None 'ODOT Deliverables 5.1 Traffic Counts 5.2 Crash Data Consultant Deliverables 5.3 Existing Traffic Analysis Task 6: Final Plan and Imalementing Code Amendments Objective: To prepare the final adopted plan and related code amendments. 6.1 Project Management Meeting#3 Consultant shall schedule and facilitate Project Management Meeting#3 via teleconference with PMT to review the results of the public involvement efforts, and to determine which Concepts or elements from Task 3 to include in the Draft Normal Avenue Neighborhood Plan. Consultant shall prepare and submit a meeting summary to City and WOCPM within one week of Project Management Meeting#3. 6.2 Draft Normal Avenue Neighborhood Plan Consultant shall refine Concepts and prepare a Draft Normal Avenue Neighborhood Plan based upon the input received from the charrette and direction of the PMT. The Draft Normal Avenue Neighborhood Plan must include, at a minimum: • Maps, plans, and drawings as refined from the previous tasks. - 30 _ TGM Grant Agreement No.28461 TGM File Code 3A-11 EA tl TG12LA55 • At least one perspective or axonometric drawing of Project Area to convey the essence of the Plan's implementation. • Internal and external street designs for Project Area consistent with City's Street Standards, or clearly identify any recommended deviations, that accommodates pedestrian, bicycle, and motor vehicle traffic. The Draft Normal Avenue Neighborhood Plan must be consistent with City's development requirements or clearly identify any recommended deviations. Consultant shall coordinate with PMT to ensure Draft Normal Avenue Neighborhood Plan is adequate to meet City and ODOT requirements for issues such as driveway spacing, access management, and capacity impacts to major and minor intersections as identified in Task 5. 6.3 Draft Area Site Design and Use Standards Consultant shall prepare and submit to City and WOCPM Draft Area Site Design and Use Standards. Draft Area Site Design and Use Standards must address any deviations from the City's existing Site Design Standards which are necessary to regulate development of the Project Area consistent with the Draft Normal Avenue Neighborhood Plan. Consultant shall draft code language to incorporate site design and use Standards. Code language will not be adoption ready but have enough detail to allow staff to put into adoption format. 6.4 Draft Chapter 18 Code Amendments Consultant shall prepare and submit to City and WOCPM Draft Chapter 18 Code Amendments. Draft Chapter 18 Code Amendments must address any deviations from the City's existing Chapter 18 necessary to allow the development of the area consistent with the Draft Normal Avenue Neighborhood. Code language will not be adoption ready but have enough detail to allow staff to put into adoption format. 6.5 Public Open House and PC Study Session Consultant shall conduct a Public Open House directly before a PC Study Session, in coordination with City staff, providing an opportunity for citizens to review the Draft Normal Avenue Neighborhood Plan. Consultant shall prepare and submit to City and WOCPM a meeting summary one week after Public Open House and PC Study Session. • City Deliverables 6.1 Project Management Meeting#3 6.5 Public Open House and PC Study Session Consultant Deliverables 6.1 Project Management Meeting#3 6.2 Draft Normal Avenue Neighborhood Plan 6.3 Draft Area Site Design and Use Standards 6.4 Draft Chapter 18 Code Amendments 6.5 Public Open House and PC Study Session - 31 - TGM Grant Agreement No.28461 TGM File Code 3A-11 EA 4 TG12LA55 Task 7: Final Draft Plan and ImMementine Ordinances Objective: To prepare an adoption-ready plan and related ordinances. 7.1 Final Draft Normal Avenue Neighborhood Plan Consultant shall prepare and submit to City and WOCPM Final Draft Normal Avenue Neighborhood Plan, incorporating feedback from subtask 6.5 into draft. Consultant shall provide two hard copies and two electronic copies—both .pdf and editable format - on compact disc to both City and WOCPM at conclusion of Project. City shall make any necessary final changes to make the Plan adoption ready. 7.2 Final Draft Area Site Design and Use Standards City shall prepare and submit to Consultant and WOCPM Final Area Site Design and Use Standards, incorporating feedback from subtask 6.5 into draft. City shall provide two hard copies and two electronic copies—both .pdf and editable format -on compact disc to WOCPM at conclusion of Project. 7.3 Final Chapter 18 Code Amendments City shall prepare and submit to Consultant and WOCPM Final Chapter 18 Code Amendments, incorporating feedback from subtask 6.5 into draft. City shall provide two hard copies and two electronic copies—both .pdf and editable format - on compact disc to WOCPM at conclusion of Project. 7.4 Final Buildable Lands Inventory and Housing Needs Analysis City shall prepare and submit to Consultant and WOCPM Final Buildable Lands Inventory and Housing Needs Analysis. 7.5 Comprehensive Plan Change Planning Application City shall prepare and submit to WOCPM Comprehensive Plan Change Planning Application. 7.6 Transportation Planning Rule Findings City shall prepare and submit to WOCPM Transportation Planning Rule Findings. 7.7 Final Presentations City shall present the Final Normal Avenue Neighborhood Plan, Comprehensive Plan Changes, and associated Ordinance Amendments to the Planning Commission at a Public Hearing for final approval and recommendation to the Council. City shall present the Final Normal Avenue Neighborhood Plan, Comprehensive Plan Changes, and associated Ordinance Amendments to the Council at a Public Hearings for adoption. City shall provide the PMT a Public Hearings Summary, identifying issues, feedback received and guidance given by decision-makers, and a copy of adopted Findings relating to the final decision of the City. 7.8 Title VI Report City shall prepare and submit to WOCPM a report delineating Title VI activities, documenting project process and outreach for all low income, race, gender, and age groups. - 32 - TGM Grant Agreement No.28461 TGM File Code 3A-I 1 EA#TG12LA55 City Deliverables 7.2 Final Area Site Design and Use Standards 7.3 Final Chapter 18 Code Amendments 7.4 Final Buildable Lands Inventory and Housing Needs Analysis 7.5 Comprehensive Plan Change Planning Application 7.6 Transportation Planning Rule Findings 7.7 Final Presentations 7.8 Title VI Report Consultant Deliverables 7.1 Final Draft Normal Avenue Neighborhood Plan - 33 - TGM Grant Agreement No.28461 TGM File Code 3A-11 EA 8 TG12LA55 Consultant Amounts per Deliverable and Schedule Task Description Total Fixed Amount Schedule Payable to Consultant Per Deliverable 1.1 Project Management Meeting#1 $650 June 1, 2012 1.2 Project Schedule $900 June 1, 2012 Task 1 Total $1550 Task 2—No Consultant Deliverables 3.1 Housing and Land Use Framework $6,250 August 2012 3.2 Greenway and O ens ace Framework $2,050 August 2012 3.3 Mobility Framework $2,000 August 2012 3.4 Infrastructure Framework $1,300 August 2012 3.5 Sustainable Neighborhood Framework $1,550 August 2012 3.6 One Conceptual Plan $11,500 October 2012 Task 3 Total $24,650 4.1 Project Management Meeting#2 $500 November 2012 4.2 Charrette and Final Charrette Materials $26,500 December 2012 Task 4 Total $27,000 5.3 Existing Traffic Analysis $7,900 August 2012 Task 5 Total $7,900 6.1 Project Management Meeting#3 $650 February 2013 6.2 Draft Normal Avenue Neighborhood $8,500 Plan 6.3 Draft Area Site Design and Use $2,500 March 2013 Standards 6.4 Draft Chapter 18 Code Amendments $2,500 Aril 2013 6.5 Public Open House and PC Study $3,800 May 2013 Session Task 6 Total $17,950 7.1 Final Draft Normal Avenue $3,400 July 2013 Neighborhood Plan Task 7 Total $3,400 Project Total $82,450 - 34 - TGM Grant Agreement No.28461 TGM File Code 3A-I I EA#TG 12LA55 Project Area Map tJ 9! L'•kl�I y�'.�� mac- -. � y�O 1 �I SL 2S •. „ A-� 'S^�a J A � i i I 1. _ `ter-�, 5J l! � _ s+.-,o :.i•4u1.7 _ Walk �Avei,�._7, T1 TJ :'� � i1 m 1 •.F. it _ No WA�o.(uolmP yM ed_t rl w ULF Iwo"q0 G ,w "fit•, . Li2GSY' _ L 1 2 2 n,IN TT fD C L —J� �t-�•~T� Isve i ; 1.. ----r 0011. MO Q D� C fir -: tl To an;Cre`8k R aµ; t? j0 a c - 35 - TGM Grant Agreement No.28461 TGM File Code 3A-1 I EA#TG12LA55 EXHIBIT B(Local Agency or State Agency) CONTRACTOR CERTIFICATION Contractor certifies by signing this contract that Contractor has not: (a) Employed or retained for a commission, percentage,brokerage,contingency fee or other consideration,any firm ' ' or person(other than a bona fide employee working solely for me or the above consultant)to solicit or secure this contract, (b) agreed,as an express or implied condition for obtaining this contract,to employ or retain the services of any firm or person in connection with carrying out the contract,or (c) paid or agreed to pay,to any firm,organization or person(other than a bona fide employee working solely for me or the above consultant),any fee,contribution,donation or consideration of any kind for or in connection with, procuring or carrying out the contract,except as here expressly stated(if any): Contractor further acknowledges that this certificate is to be furnished to the Federal Highway Administration,and is subject to applicable State and Federal laws,both criminal and civil. AGENCY OFFICIAL CERTIFICATION(ODOT) Department official likewise certifies by signing this contract that Contractor or his/her representative has not been required directly or indirectly as an expression of implied condition in connection with obtaining or carrying out this contract to: (a) Employ,retain or agree to employ or retain,any firm or person or i (b) pay or agree to pay,to any firm,person or organization,any fee,contribution,donation or consideration of any kind except as here expressly stated(if any): Department official further acknowledges this certificate is to be furnished to the Federal Highway Administration,and is subject to applicable State and Federal laws,both criminal and civil. EXHIBIT C Federal Provisions Oregon Department of Transportation 1. CERTIFICATION OF NONINVOLVEMENT IN ANY DEBARMENT AND SUSPENSION Contractor certifies by signing this contract that to the best of its knowledge and belief,it and its principals: I. Are not presently debarred,suspended,proposed for criminal offense in connection with obtaining, debarment,declared ineligible or voluntarily attempting to obtain or performing a public(federal, excluded from covered transactions by any Federal state or local)transaction or contract under a public _ department or agency; transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft, 2. Have not within a three-year period preceding this forgery,bribery falsification or destruction of proposal been convicted of or had a civil judgment records,making false statements or receiving stolen rendered against them for commission of fraud or a property; Rev.5/102000 AGR.FEDCERT - 36 - TGM Grant Agreement No. 28461 TGM File Code 3A-I I EA#TG12LA55 3. Are not presently indicted for or otherwise criminally certification, in addition to other remedies available or civilly charged by a governmental entity to the Federal Government or the Department may (federal,state or local)with commission of any of terminate this transaction for cause of default. the offenses enumerated in paragraph(1)(b)of this certification;and 4. The Contractor shall provide immediate written notice to the Department to whom this proposal is 4. Have not within a three-year period preceding this submitted if at any time the Contractor learns that application/proposal had one or more public its certification was erroneous when submitted or transactions(federal,state or local)terminated for has become erroneous by reason of changed cause or default. circumstances. Where the Contractor is unable to certify to any of the 5. The terms"covered transaction","debarred", statements in this certification,such prospective participant "suspended", "ineligible","lower tier covered shall attach an explanation to this proposal. transaction", "participant","person","primary covered transaction", "principal",and "voluntarily List exceptions. For each exception noted, indicate to whom excluded",as used in this clause,have the meanings the exception applies,initiating agency,and dates of action. set out in the Definitions and Coverage sections of If additional space is required,attach another page with the the rules implementing Executive Order 12549. following heading: Certification Exceptions continued, You may contact the Department's Program Section Contract Insert. (Tel.(503)986-3400)to which this proposal is being submitted for assistance in obtaining a copy EXCEPTIONS: of those regulations. Exceptions will not necessarily result in denial of award,but 6. The Contractor agrees by submitting this proposal will be considered in determining Contractor responsibility. that,should the proposed covered transaction be Providing false information may result in criminal entered into,it shall not knowingly enter into any prosecution or administrative sanctions. lower tier covered transactions with a person who is debarred,suspended,declared ineligible or The Contractor is advised that by signing this contract,the voluntarily excluded from participation in this Contractor is deemed to have signed this certification. covered transaction,unless authorized by the Department or agency entering into this transaction. IL INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT,SUSPENSION,AND OTHER 7. The Contractor further agrees by submitting this RESPONSIBILITY MATTERS—PRIMARY COVERED proposal that it will include the Addendum to Form TRANSACTIONS FHWA-1273 titled,"Appendix B--Certification Regarding Debarment,Suspension, Ineligibility and 1. By signing this contract,the Contractor is providing Voluntary Exclusion--Lower Tier Covered the certification set out below. Transactions",provided by the Department entering into this covered transaction without modification, 2. The inability to provide the certification required in all lower tier covered transactions and in all below will not necessarily result in denial of solicitations for lower tier covered transactions. participation in this covered transaction. The Contractor shall explain why he or she cannot 8. A participant in a covered transaction may rely provide the certification set out below. This upon a certification of a prospective participant in a explanation will be considered in connection with lower tier covered transaction that it is not the Oregon Department of Transportation debarred,suspended,ineligible or voluntarily determination to enter into this transaction. Failure excluded from the covered transaction,unless it to furnish an explanation shall disqualify such knows that the certification is erroneous. A person from participation in this transaction. participant may decide the method and frequency by which it determines the eligibility of its 3. The certification in this clause is a material principals. Each participant may,but is not representation of fact upon which reliance was required to,check the Nonprocurement List placed when the Department determined to enter published by the U. S.General Services into this transaction. If it is later determined that Administration. the Contractor knowingly rendered an erroneous Rev.5/10/2000 AGR.FEDCERT - 37 - TGM Grant Agreement No.28461 • TGM File Code 3A-11 EA#TG12LA55 9. Nothing contained in the foregoing shall be 4. The terms"covered transaction',"debarred", construed to require establishment of a system of "suspended", "ineligible","lower tier covered records to render in good faith the certification transaction","participant',"person', "primary required by this clause.The knowledge and covered transaction',"principal", "proposal",and information of a participant is not required to "voluntarily excluded",as used in this clause,have exceed that which is normally possessed by a the meanings set out in the Definitions and prudent person in the ordinary course of business Coverage sections of rules implementing Executive dealings. Order 12549. You may contact the person to which this proposal is submitted for assistance in 10. Except for transactions authorized under paragraph obtaining a copy of those regulations. 6 of these instructions,if a participant in a covered transaction knowingly enters into a lower tier 5. The prospective lower tier participant agrees by covered transaction with a person who is submitting this contract that,should the proposed suspended,debarred,ineligible or voluntarily covered transaction be entered into,it shall not excluded from participation in this transaction,in knowingly enter into any lower tier covered addition to other remedies available to the Federal transaction with a person who is debarred, Government or the Department,the Department suspended,declared ineligible or voluntarily may terminate this transaction for cause or default. excluded from participation in this covered transaction,unless authorized by the department or Ill. ADDENDUM TO FORM FHWA-1273,REQUIRED agency with which this transaction originated. CONTRACT PROVISIONS 6. The prospective lower tier participant further agrees This certification applies to subcontractors,material by submitting this contract that it will include this suppliers,vendors,and other lower tier participants. clause titled, "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary • Appendix B of 49 CFR Part 29- Exclusion--Lower Tier Covered Transaction', without modification,in all lower tier covered Appendix B--Certification Regarding Debarment, transactions and in all solicitations for lower tier Suspension, Ineligibility,and Voluntary covered transactions. Exclusion--Lower Tier Covered Transactions 7. A participant in a covered transaction may rely Instructions for Certification upon a certification of a prospective participant in a lower tier covered transaction that it is not 1. By signing and submitting this contract,the debarred,suspended,ineligible or voluntarily prospective lower tier participant is providing the excluded from the covered transaction,unless it certification set out below. knows that the certification is erroneous. A participant may decide the method and frequency 2. The certification in this clause is a material by which it determines the eligibility of its representation of fact upon which reliance was principals. Each participant may,but is not placed when this transaction was entered into. If it .required to,check the nonprocurement list. is later determined that the prospective lower tier participant knowingly rendered an erroneous 8. Nothing contained in the foregoing shall be certification,in addition to other remedies available construed to require establishment of a system of to the Federal Government,the department or records to render in good faith the certification agency with which this transaction originated may required by this clause.The knowledge and pursue available remedies,including suspension information of a participant is not required to and/or debarment. exceed that which is normally possessed by a prudent person in the ordinary course of business 3. The prospective lower tier participant shall provide dealings. immediate written notice to the person to which this contract is submitted if at any time the prospective 9. Except for transactions authorized under paragraph lower tier participant learns that its certification was 5 of these instructions,if a participant in a covered erroneous when submitted or has become erroneous transaction knowingly enters into a lower tier by reason of changed circumstances. covered transaction with a person who is Rev.5/10/2000 AGR.FEDCERT - 38 - TGM Grant Agreement No.28461 TGM File Code 3A-I I EA#TG12LA55 suspended,debarred,ineligible or voluntarily entitled to rely on the accuracy,c6mpetence,and excluded from participation in this transaction, in completeness of Contractor's services. addition to other remedies available to the Federal Government,the department or agency with which V. NONDISCRIMINATION this transaction originated may pursue available remedies, including suspension and/or debarment. During the performance of this contract,Contractor, for himself,his assignees and successors in interest, Certification Regarding Debarment,Suspension, hereinafter referred to as Contractor,agrees as follows: Ineligibility,and Voluntary Exclusion--Lower Tier Covered Transactions 1. Compliance with Regulations. Contractor agrees to comply with Title VI of the Civil Rights Act of a. The prospective lower tier participant certifies, 1964,and Section 162(a)of the Federal-Aid by submission of this proposal,that neither it Highway Act of 1973 and the Civil Rights nor its principals is presently debarred, Restoration Act of 1987.Contractor shall comply suspended,proposed for debarment,declared with the regulations of the Department of ineligible or voluntarily excluded from Transportation relative to nondiscrimination in participation in this transaction by any Federal Federally assisted programs of the Department of department or agency. Transportation,Title 49,Code of Federal Regulations,Part 21,as they may be amended from b. Where the prospective lower tier participant is time to time(hereinafter referred to as the unable to certify to any of the statements in this Regulations),which are incorporated by reference certification,such prospective participant shall and made a part of this contract. Contractor,with attach an explanation to this proposal. regard to the work performed after award and prior to completion of the contract work,shall not IV. EMPLOYMENT discriminate on grounds of race,creed,color,sex or national origin in the selection and retention of I. Contractor warrants that he has not employed or subcontractors,including procurement of materials retained any company or person,other than a bona and leases of equipment. Contractor shall not fide employee working solely for Contractor,to participate either directly or indirectly in the solicit or secure this contract and that he has not discrimination prohibited by Section 21.5 of the paid or agreed to pay any company or person,other Regulations, including employment practices,when than a bona fide employee working solely for the contract covers a program set forth in Contractors,any fee,commission,percentage, Appendix B of the Regulations. brokerage fee,gifts or any other consideration contingent upon or resulting from the award or 2. Solicitation for Subcontractors,including making of this contract. For breach or violation of Procurement of Materials and Equipment. In all this warranting,Department shall have the right to solicitations,either by competitive bidding or annul this contract without liability or in its negotiations made by Contractor for work to be discretion to deduct from the contract price or performed under a subcontract, including consideration or otherwise recover,the full amount procurement of materials and equipment,each of such fee,commission,percentage,brokerage fee, potential subcontractor or supplier shall be notified gift or contingent fee. by Contractor of Contractor's obligations under this contract and regulations relative to 2. Contractor shall not engage,on a full or part-time nondiscrimination on the grounds of race,creed, basis or other basis,during the period of the color,sex or national origin. contract,any professional or technical personnel who are or have been at any time during the period 3. Nondiscrimination in Employment(Title VII of the of this contract,in the employ of Department, 1964 Civil Rights Act). During the performance of except regularly retired employees,without written this contract,Contractor agrees as follows: consent of the public employer of such person. a. Contractor will not discriminate against any 3. Contractor agrees to perform consulting services employee or applicant for employment because with that standard of care,skill and diligence of race,creed,color,sex or national origin. normally provided by a professional in the Contractor will take affirmative action to performance of such consulting services on work ensure that applicants are employed,and that similar to that hereunder. Department shall be employees are treated during employment, Rev.5/102000 AGR.FEDCERT - 39 - TGM Grant Agreement No.28461 TGM File Code 3A-I 1 EA#TGI2LA55 without regard to their race,creed,color,sex or direction,Department may,at its option,enter into such national origin. Such action shall include,but litigation to protect the interests of Department,and, in not be limited to the following:employment, addition,Contractor may request Department to enter upgrading,demotion or transfer;recruitment or into such litigation to protect the interests of the State of recruitment advertising; layoff or termination; Oregon. rates of pay or other forms of compensation; and selection for training, including VI. DISADVANTAGED BUSINESS apprenticeship. Contractor agrees to post in ENTERPRISE(DBE)POLICY conspicuous places,available to employees and applicants for employment,notice setting forth In accordance with Title 49,Code of Federal the provisions of this nondiscrimination clause. Regulations,Part 26,Contractor shall agree to abide by and take all necessary and reasonable steps to comply b. Contractor will,in all solicitations or with the following statement: advertisements for employees placed by or on behalf of Contractor,state that all qualified DBE POLICY STATEMENT applicants will receive consideration for employment without regard to race,creed, DBE Policy. It is the policy of the United States color,sex or national origin. Department of Transportation(USDOT) to practice nondiscrimination on the basis of race,color,sex 4. Information and Reports. Contractor will provide and/or national origin in the award and administration all information and reports required by the of USDOT assist contracts. Consequently,the DBE Regulations or orders and instructions issued requirements of 49 CFR 26 apply to this contract. pursuant thereto,and will permit access to his books,records,accounts,other sources of Required Statement For USDOT Financial information,and his facilities as may be determined Assistance Agreement. If as a condition of assistance by Department or FHWA as appropriate,and shall the Agency has submitted and the US Department of set forth what efforts he has made to obtain the Transportation has approved a Disadvantaged Business information. Enterprise Affirmative Action Program which the Agency agrees to carry out,this affirmative action 5. Sanctions for Noncompliance. In the event of program is incorporated into the financial assistance Contractor's noncompliance with the agreement by reference. nondiscrimination provisions of the contract, Department shall impose such agreement sanctions DBE Obligations. The Oregon Department of as it or the FHWA may determine to be Transportation(ODOT)and its contractor agree to appropriate,including,but not limited to: ensure that Disadvantaged Business Enterprises as defined in 49 CFR 26 have the opportunity to a. Withholding of payments to Contractor under participate in the performance of contracts and the agreement until Contractor complies;and/or subcontracts financed in whole or in part with Federal funds. In this regard,Contractor shall take all b. Cancellation,termination or suspension of the necessary and reasonable steps in accordance with agreement in whole or in part. 49 CFR 26 to ensure that Disadvantaged Business Enterprises have the opportunity to compete for and 6. Incorporation of Provisions. Contractor will perform contracts. Neither ODOT nor its contractors include the provisions of paragraphs 1 through 6 of shall discriminate on the basis of race,color,national this section in every subcontract,including origin or sex in the award and performance of procurement of materials and leases of equipment, federally-assisted contracts. The contractor shall carry unless exempt from Regulations,orders or out applicable requirements of 49 CFR Part 26 in the instructions issued pursuant thereto.Contractor award and administration of such contracts. Failure by shall take such action with respect to any the contractor to carry out these requirements is a subcontractor or procurement as Department or material breach of this contract,which may result in FHWA may direct as a means of enforcing such the termination of this contract or such other remedy as provisions,including sanctions for noncompliance; ODOT deems appropriate. provided,however,that in the event Contractor becomes involved in or is threatened with litigation The DBE Policy Statement and Obligations shall be with a subcontractor or supplier as a result of such included in all subcontracts entered into under this contract. Rev.5/102000 AGR.FEDCERT - 40 - TGM Grant Agreement No.28461 TGM File Code 3A-I 1 EA#TG12LA55 influence an officer or employee of any Federal Records and Reports. Contractor shall provide agency,a Member of Congress,an officer or monthly documentation to Department that it is employee of Congress or an employee of a Member subcontracting with or purchasing materials from the of Congress in connection with the awarding of any DBEs identified to meet contract goals.Contractor Federal contract,the making of any Federal grant, shall notify Department and obtain its written approval the making of any Federal loan,the entering into of before replacing a DBE or making any change in the any cooperative agreement,and the extension, DBE participation listed. If a DBE is unable to fulfill continuation,renewal,amendment or modification - the original obligation to the contract,Contractor must of any Federal contract,grant, loan or cooperative demonstrate to Department the Affirmative Action agreement. steps taken to replace the DBE with another DBE. Failure to do so will result in withholding payment on 2. If any funds other than Federal appropriated funds those items. The monthly documentation will not be have been paid or will be paid to any person for required after the DBE goal commitment is satisfactory influencing or attempting to influence an officer or to Department. employee of any Federal agency,a Member of Congress,an officer or employee of Congress or an Any DBE participation attained after the DBE goal has employee of a Member of Congress in connection been satisfied should be reported to the Departments. with this agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form DBE Definition. Only firms DBE certified to Report Lobbying",in accordance with its by the State of Oregon,Department of Consumer& instructions. Business Services,Office of Minority,Women& Emerging Small Business,may be utilized to satisfy This certification is a material representation of fact this obligation. upon which reliance was placed when this transaction was made or entered into. Submission of this CONTRACTOR'S DBE CONTRACT GOAL certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31, DBE GOAL 0 % U. S.Code. Any person who fails to file the required certification shall be subject to a civil penalty of not By signing this contract,Contractor assures that good less than$10,000 and not more than$100,000 for each faith efforts have been made to meet the goal for the such failure. DBE participation specified in the Request for Proposal/Qualification for this project as required by The Contractor also agrees by signing this agreement ORS 200.045,and 49 CFR 26.53 and 49 CFR,Part 26, that he or she shall require that the language of this Appendix A. certification be included in all lower tier subagreements,which exceed$100,000 and that all VII. LOBBYING such subrecipients shall certify and disclose accordingly. ' The Contractor certifies, by signing this agreement to the best of his or her knowledge and belief,that: FOR INQUIRY CONCERNING ODOT'S 1. No Federal appropriated funds have been paid or DBE PROGRAM REQUIREMENT will be paid,by or on behalf of the undersigned,to CONTACT OFFICE OF CIVIL RIGHTS any person for influencing or attempting to AT (503)986-4354. Rev.5/10/2000 AGR.FEDCERT -41 - TGM Grant Agreement No. 28461 TGM File Code 3A-I I EA#TG12LA55 EXHIBIT D ELIGIBLE PARTICIPATING COST DESCRIPTION PERSONNEL SERVICES Salaries -Straight time pay for regular working hours in a monthly period. Includes standard labor distributions like Social Security Taxes, Workers Compensation Assessments and Medical, Dental, Life Insurance. Excludes mass transit tax,vacation leave, sick leave and compensatory time taken. Overtime=Payments to employees for work performed in excess of their regular work shift. Shift Differential -Payments to employees, in addition to regular pay,for shift differential work as descibed in labor contracts or Personnel Rules. Travel Differential -Payments to employees, in addition to regular pay,for travel time to and from work on projects in excess and beyond an 6 hour day as described in labor contracts or Personnal Rules. SERVICES AND SUPPLIES In-State Travel-Per Rates Identified in State Travel Handbook Meals&Misc. -Payment for meals incurred while traveling within the State of Oregon. Lodging &Room Tax -Payment for lodging, including room taxes, incurred while traveling within the State of Oregon. Fares,Taxi, Bus,Air, Etc. Per Diem -Payment for per diem, incurred while traveling within the State of Oregon_ Other -Payment for other miscellaneous expense, incurred while traveling within the State of Oregon. Private Car Mileage -Payment for private car mileage while traveling within the State of Oregon. Office Expense Direct Project Expenses lnduding: Photo,Video&Microfilm Supplies -Payment for photography,video and microfilm supplies such as film for cameras, blank video tapes, storage folders, etc. Printing, Reproduction &Duplication -Expenditures for services to copy_print, reproduce and/or duplicate documents. Postage Payment for direct project postage. Freight&Express Mail -Payment for direct project freight services on outgoing shipments. Telecommunications Phone Toll Charges(long-distance -Payment for telphone long distance charges. Publicity 8 Publication Publish &Print Photos -Payment for printing and publishing_photographs to development of publicity and publications. Conferences (costs to put on conference or seminars) Equipment$250-$4,999 NOT ELIGIBLE Employee Training, Excluding Travel NOT ELIGIBLE Training In-State Travel NOT ELIGIBLE CAPITOL OUTLAY INOT ELIGIBLE -42 - Letter regarding the Normal Avenue Neighborhood Plan From: "Sue D." <suedem @charter.net> To: molnarb@ashland.or.us Sent:Wednesday, February 22, 201212:26:38 PM Subject: Normal Ave Neighborhood Development Plan/Sue's comments February 22, 2012 'Please add to Thurs.2123 Meeting' Ashland Planning Commission Ashland Transportation Commission RE: Projects 19&20 of the Roadway Project Transportation System Plan,Ashland,OR I am a resident at 145 Normal Ave, on the portion of the road that is not within the current city limits of Ashland, but rather zoned within Jackson County. I chose to own a home in this area because of its central location, low housing density, and lack of traffic. My 6 year old daughter, along with my neighbor's 9 yr. old son, and our dogs are safely able to play outside without worry of any passing traffic or public trail thoroughfare (a large concern now since the bikepath homicide). If the area surrounding my home is to be potentially annexed into the Ashland City limits, I would hope that the Master Plan considers all the effects of zoning changes and transportation challenges, as well as the environmental impacts, it will bring. 1. Wetlands and Creeks—already mapped and existing on the Normal Ave Neighborhood Plan done by the Dept.of Community Development. These water features need to be preserved and not concreted over or shunted through covered canals/pipes (as is what happened to Clay Creek below Siskiyou Blvd). At minimum, an Environmental Impact Statement should be done for these areas if any future development is considered. 2. Floodplains — also already mapped on Normal Ave Neighborhood Plan. The potential for flood damage or excessive run-off, onto existing, future or adjacent properties to these features, could be devastating to both financially and environmentally if the floodplains are filled in or curtailed by asphalt/concrete: 3. Farm Land—a major portion of this area is currently used for farming and grazing land. The soil and grasslands of this area are fertile and productive. Beneficial use of this land should consider development of sustainable local farm/community gardens, not depleting or covering them with impervious surfaces. 4. Wildlife Habitat — There are many varieties of wildlife, including birds such as red tailed hawks, and killdeer. I have seen their nests and young in the tall trees, and grasslands respectively. It has been a joy and education for my family and friends to watch the silver fox, wild rabbits, and families of deer which are interdependent upon each other in this small ecosystem. 5. Multi-family Housing— increased density of people/potential crime, lights, noise, solar blockage, pollution,traffic would all change this area. The impact would be a burden to existing homeowners, wildlife, and property values. 6. Traffic Impacts—any development of new or wider roads will completely change this area. a. New road cutting across from Clay Street to Normal Ave. would impact the drainage, habitat, and soils. Digging, removing soil, bushes,trees, lawns,would greatly impact the existing species in this area. b. Increased traffic patterns on our country lane would change the safety for- our children on bikes,the dog walkers, and people walking to get their mail. c. Railroad crossing—on Normal Ave. would have to be improved, maintained and negotiated with DOT to become a heavily used crossing that can be exchanged with an existing one. Increased housing density would bring more traffic usage and require such a change. Finally, since this area is within the Urban Growth Boundary of the City of Ashland, I would hope that all these concerns would be taken into consideration before laying out a plan that "might' be utilized within the next 10-20 years. As a citizen of the area included in your Project 19 & 20 of the Transportation System Plan, I strongly urge you to hear the concerns of the local residents who would be directly impacted by any zoning or planning changes. Thank you, Dr.Sue DeMarinis 145 Normal Ave.,Ashland, OR 97520 suedem(o)charter.net Letter regarding the Normal Avenue Neighborhood Plan From: "Nicole Lee" <fleaf2 @earthlink.net> To: moinarb @ashiand.or.us Sent: Monday, November 7, 2011 10:25:45 AM Subject: Land Use Plan Normal Avenue To: Mr. Bill Molnar I am a resident at 355 Normal Avenue, Ashland. It is my understanding that the Ashland City Council is contemplating a land use plan for the general-area of Normal Avenue, East Main, Walker Avenue, and Clay Street locations, for future development. Our area on Normal Avenue below the railroad tracks is composed of 14 homes. It is a very special neighborhood here. We live in the "country" but are minutes away from all city businesses and activities. It is rare to be able to enjoy the benefits of both. My co-owner of this property and I share the consideration of an urban growth plan for this area to be a dreadful proposition. This prospect would totally change the neighborhood we chose to invest in and enjoy. We urge the City Council to respect what I'm sure will be a near unanimous vote against such a plan, and not proceed with an analysis of a land use project. I would appreciate it if we can receive any meeting notifications by the City for the contemplation of a land use plan for our area. Sincerely, Nicole Lee Carol Block Letter regarding the Normal Avenue Neighborhood Plan From: "M Cooper" <mcooper @masterycompany.com> To: molnarb @ashland.or.us Cc: joannefeinberg @gmail.com, chezhood @gmail.com, hmiller @jeffnet.com, janicemarvin @charter.net, suedem @charter.net, wrodden @mind.net, "Nicole Lee" <fleaf2 @earth link.net>, "Niki Newkirk" <nnewkirk @charter.net>, "Don Greene" <greenewood @charter.net> Sent: Sunday, November 6, 2011 3:16:06 PM Subject: Re: neighbor plan On Sat, Nov 5, 2011 at 4:37 PM, Don Greene <areenewoodAcharter.net> wrote: Dear Normal Neighbors, I mentioned to Carol about this and wanted to let the rest of you know what is afoot on Normal. As I understand it you are the planning director for the city and are considering the possibility of doing a land use plan for our Normal Street neighborhood. Bottom line, I have no interest in developing my property beyond it's current footprint. In addition, if you annex my property, I would expect (demand) that you install a sewer system, a city water system, bury the electric lines underground, improve the current road and pay for the rail road crossing upgrades, given we would be part of the city. I'm not sure how this would impact our relationship with TID but if it put my acreage at risk for water utilization, and that is a consequence of being annexed, I'd expect fair compensation and a plan for irrigation. Dr. Marc B. Cooper 273 Normal Avenue Ashland OR 97520 Letter regarding the Normal Avenue Neighborhood Plan From: "Tom Winmill" <tomw @catheatres.com> To: "Bill Molnar" <molnarb @ashland.or.us> Cc: wbishop 1 40@aol.com, "Mahar Homes" <mahar @maharhomes.com>, "Gerry Mandell" <rvafi @hotmail.com> Sent: Tuesday, October 25, 2011 8:30:48 AM Subject: support letter! Mr. Molnar: The residents listed below, and hereby known as "The South Normal Ave Project," are excited about aligning.ourselves with the City of Ashland to develop this extraordinary area. We are all in agreement that in-fill is the proper way to go with developing the City of Ashland, rather than having to expand the city's urban growth boundaries. With the proximity of schools and services, this area will only enhance the city's attractiveness to new residents. Sincerely, Wesley & Elizabeth Bishop 280 Normal Ave, Ashland, Oregon 97520 _ Tom & Debbie Winmill 200 Normal Ave Ashland, OR 97520 Gerry & Caroline Mandell 340 Normal Ave Ashland, OR 97520 Mike & Mary Mahar 391 E100002500, 9.96 ACRES - 220 MAIN ST E, ASHLAND 391 E l ODD00700, 4.06 ACRES- 300 NORMAL AVE, ASHLAND CITY OF ASHLAND Council Communication May 1 , 2012 Business Meeting FY 2011-2012 Quarterly Financial Report for January — March, 2012 FROM: Lee Tuneberg, Administrative Services/Finance Director, tuneberl @ashland.or.us SUMMARY The Administrative Services Department submits reports to Council on a quarterly basis to provide assurance of budget compliance and for informational and comparative purposes throughout the year. This report includes the first nine months of the fiscal year and is an indicator of how the end of year will look. It also is used to validate or adjust much of the information included in the proposed budget for the ensuing year. BACKGROUND AND POLICY IMPLICATIONS: The reports are intended to present information in formats consistent with the department, fund and business activity presentations included in the adopted FY 2011-2012 budget document and the manner in which they will be shown in the end of year report. Unaudited, detailed balance sheets, revenues and expenditure reports are available for your review in the Administrative Service Department office should you require any additional information. FISCAL IMPLICATIONS: These reports indicate the financial condition of the City, compliance with budget law and are the basis for adjustments as needed. There are several departments and funds that will require budget adjustment prior to the end of the year including supplemental budgets for grant awards and transfers of appropriations to address unanticipated expenses. Staff will bring known adjustments to Council later in May but some needed adjustments may not be confirmed and ready until June. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that Council accept the quarterly report. SUGGESTED MOTION: I move to accept the third quarter financial report for FY 2011-2012. ATTACHMENTS: Financial Report Financial Statements Page I of I �r, c I r r OF Quarterly Financial -Report.._ - �4SHLAND - - - Third uarter o FY 2011-2.0 2 This Quarterly Financial Report is an analysis of the financial status of the City's major funds including Parks through the third quarter of Fiscal Year (FY) 2011-12, covering the period from July 2011 through March 2012. The report provides a review of each fund's revenues, expenditures and fund balances as compared to the FY 2011-12 budget and to ending fund balance policy targets. It is to be used as an indicator of how the end of year will look, and to validate or adjust much of the information included in the proposed budget for the ensuing year. Summary of Cash and Investments provides an understanding of changes in the City's cash position across funds and investment types. The citywide cash balance has increased $4,990,750 between fiscal years at the end of the third quarter to $30,144,429. This is a larger increase than what was reported for the third quarter in the last two years, primarily due to Fire Station 2 bond proceeds and a higher property tax levy. For the current year, the citywide cash balance has increased by $6,997,893 in the first three quarters of fiscal year 2011-2012, and increased by $3,395,058 in first three quarters of the prior fiscal year. Third Quarter Cash Balance Comparisons $30,144,429 $30,000,000 $23,146,537 $25,153,680 $21,758,621 $22,262,310 $22,500,000 $19,389,300 30%Cash 16%Cash 15%Cash $15,000,000 Balance Balance Increase of Increase of Balance $7,500,000 $6,997,892 $3,395,059 Increase of $2,873,010 $0 313112012 71112011 313112011 71112010 313112010 71112009 The change in cash during the third quarter of each year normally will not fluctuate significantly. The cash balance decreased $298,229 in this quarter this year and decreased $241,820 this quarter last year. Changes in cash during the fourth quarter of each year can fluctuate significantly depending on the capital projects and equipment purchases during the last quarter of the year. Last year the cash balance dropped $2 million in the last quarter, and the year before it dropped $504,000, and the prior year before that it increased $205,000. Page 1 of 11 �r, f Prior Years Fourth Quarter Cash Balance Comparisons $30,000,000 $25,153,680 $23,146,537 2 $22,262,310 $19,389,300 $22,500,000 19,184,572 8%Cash$15,000,000 al Cash Balance Balance Decrease of$7,500,000 52007,143 Increase of $204,728 $0 613012011 313112011 613012010 313112010 613012009 313112009 The cash balance changes that changed the most between years at the end of the third quarter were in the Reserve Fund, Capital Improvements Fund, Water Fund, and the Electric Fund. The Reserve Fund increased from transfers of $499,000. The Capital Improvements fund has the fire station bond receipt. The Water Fund increased as a result of rate increases. The Electric Fund decreased due to increases in costs primarily in the Distribution Division. The distribution of cash and investment balances has changed considerable between years. There is $5 million more in total cash and investments with $9.9 million more held in the Local Government Investment Pool, $4 million less in other City Investments and almost $900,000 less in General Banking Accounts. No money is held in investments outside the Pool. Statement of Revenues and Expenditures — Citywide is similar to presentations in the annual financial report. It is intended to provide the reader an overall sense of the City's financial activity for the periods covered and the fund balances at the end of those periods. Revenue and operating expenses citywide resulted in an excess of revenue over operating expenditures of$6,124,781 for the first three quarters of the current fiscal year as compared to $2,298,488 this time last year. The 5.2% increase in total revenues is primarily from the Fire Station 2 bond proceeds, the grant revenue in the Street Fund and property tax revenue in the Debt Service Fund. Operating expenditures overall held steady with a 3% increase in personal services offset by 25% decrease in debt service. Debt service decreases resulted from refinancing the DEQ loan, the payoff of the CEDS building loan and the maturing of other property notes. Further detail of Revenue and expenditures will be provided on the following pages. Budgetary resources and requirements citywide consisted of financing of $3,060,434; and Interfund loans and operating transfers of $408,000 and $531,474 respectively. The only changes in the budgetary resources and requirements were operating transfers into the general fund from the cemetery trust and into the debt services fund from the capital improvement fund this quarter for a total of$10,166. Unappropriated Ending Fund Balance (EFB) is budgeted to be $17,112,922 at the end of the current fiscal year. The budgeted EFB for the end of the last fiscal year was $17,416,070. Page 2 of 11 The EFB at the end of the third quarter of the current fiscal year is $29,747,133 and the EFB at this time last year was $24,605,759. The changes between EFB's between fiscal years are the same reason as stated in the changes in cash balances and in changes in revenues and expenditures citywide. Total revenue and budgetary resources exceed operating expenditures and requirements which results in a $6,124,781 increase to Unappropriated Ending. Fund Balance at the end of the third quarter. A citywide reduction of $2,444,976 (not including contingency) was budgeted for the reduction in the citywide ending fund balance. This difference is primarily from uncompleted capital projects, reduced amount of financing from what was budgeted, and debt service payments yet to be paid. Third Quarter Ending Fund Balance Comparisons $35,000,000 $29,747,133 $30,000,000 $24,605,759 $23,622,352 $22,307,271 $22,503,453 $25,000,000 nncreaeo 262 $20,000,000 26%EFB 10% EFB Increase of Increase of$15,000,000 $6,124,781 $2,298,488 `-`' $10,000,000 3/3112012 71112011 313112011 71112010 313112010 71112009 Schedule of Budgetary Compliance is intended to present expenditures on a budget basis by fund, consistent with the resolution adopting appropriation levels for the year. Appropriations are as adopted, except for those adjusted by the resolution identified in the heading of the Schedule of Budgetary Compliance. The identified resolution represents transfers of appropriations to remain compliant with Oregon Budget law. Staff anticipates adjustments through supplemental budgets and transfers from contingency as new revenue streams or unusual expenses occur in the last quarter. Total revenue and budgetary resources are 74.8% of the annual budget as of the end of the third quarter of the current fiscal year, and total operating expenditures and requirements are 60% with personal services at 71.7%, materials and services at 70.2%, debt service at 53.6%, capital outlay at 24.7%, and budgetary requirements at 34.8%. Capital projects and seasonal expenses will accelerate total expenditures as compared to budget in the last quarter. The General Fund has used $243,000 of its $500,000 of contingency leaving the remaining citywide contingency available of$1,683,000. Highlights of Selected Revenue Tax Revenues of all types make up about 30% of the citywide revenue budgeted. The citywide tax revenue increased 3.2% or $489,639 over last year as of the end of the third quarter. Page 3 of 11 �r, Property Tax Revenues increased by 6.2%. The tax rate levy changed by 2.34% from the prior year. The general fund tax rate dropped from 1.9455 to 1.9295 per thousand, the rates for the bonds increased from 0.3903 to 0.5103 per thousand, and the rate for Parks remained at 2.0928 per thousand. Property Taxes Through the Third Quarter of Each Year $10,000,000 $8,000,000 $6,000,000 - $4,000,000 $2,000,000 YTD 2012 YTD 2011 YTD 2010 Debt Serive Fund $937,725 $376,735 $360,982 ■General Fund $4,147,816 $4,306,270 $4,052,229 ■Parks& Rec $4,089,721 $3,911,092 $3,734,445 Food and Beverage Taxes budgeted for the current fiscal year 2011-12 is $2,202,000 and were $2,115,000 for previous fiscal year FY 2010-11. Food and beverage tax revenue through the third quarter of this fiscal year is $1,193,960 up by 6.6% from this same time last year. Last year at this time food & beverage tax revenue was $1,120,062. F&B tax revenue is 55% of budget as of the third quarter of this year, and was 53% of budget this time last year. Food & beverage taxes for the entire year of 2010-11 increased to $2,021,847 by 2% over the previous fiscal year 2009-10 at $1,979,759. The allocation of food & beverage taxes to the Central Services Fund pays for the recovery efforts by Finance Legal staff. Food & Beverage Tax for Third Quarter of Each Year $1,200,000 ;,....,.._ .. _ $1,000,000 $800,000 $600,000 $400,000 $200,000 YTD 2012 YTD 2011 YrD 2010 Central Services Fund $27,229 $22,239 $- •CapitallmprovementFund $233,346 $219,565 $223,830 •Wastewater Fund $933,385 $878,258 $895,321 Page 4 of 11 Hotel/Motel Tax revenue recorded for the third quarter of this year is $1,172,637 and has declined by 2.8% from this time last year. The hotel/motel tax at the end of the third quarter last year was $1,206,454. The hotel/motel tax revenue is 62% of budget in the third quarter of this year, and was 67% of budget this time last year. Budgeted hotel/motel taxes for FY 2011- 12 are $1,884,600 and were budgeted at $1,800,000 in FY 2010-11. Hotel / Motel Taxes $1,250,000 $1,200,000 $1,150,000 $1,100,000 YTD 2012 YTD 2011 YTD 2010 ■Hotel Taxes $1,172,637 $1,206,454 $1,155,713 Franchise Fee Revenues consist of internal and external sources. , The sources of the external fees are from the following utilities: sanitation, natural gas, and 'cable providers. The internal sources are from the City of Ashland utilities. Water, and Wastewater franchise payments to the Street Fund were suspended in 2011, and Water franchise fees to the General Fund were reduced by 2% from 8% to 6% in 2012. Total franchise fees as of the third quarter of this fiscal year is $1.7 million down from $1.9 million, or 8% from this time last year. The increase from YTD 2010 to YTD 2011 was a result of increased revenue in Telecommunications. Franchise Fees - Third Qua Each Year $2,000,000 .. _ $1,800,000 $1,600,000 . $1,400,000 YTD 2012 YTD 2011 YTD 2010 :SF-Internal $- $- $115,494 SF-External $26,228 $26,350 $28,681 ®GF-External $61,666 $61,482 $66,923 ■GF-Internal $1,708,543 $1,853,898 $1,686,422 Utility Revenue from rates makes up about 55% of the citywide revenue. Utility revenue increased 3.8% or $629,280 between fiscal years at the end of the third quarter. Electric sales in dollars are up by 1.3% at the end of the third quarter and units sold are down by 1.2%. Water sales in dollars are up 9.2% even though units of water sold are 5% less. Wastewater sales revenue is up 5.9% and AFN is up by 3.3% at the end of third quarter compared to the prior year. Electric rates increased 4% at the end of the second quarter of this fiscal year. . Water rates increase 10% in the fourth quarter of FY 2011. Wastewater rates increased 6% in the fourth quarter of FY 2011. Page 5 of 11 Utility Revenue - Third Quarter of Each Year $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $- — •YTD 3/2012 $9,371,213 $3,655,799 $2,694,451 $1,505,008 YTD 3/20111 $9,247,475 $3,347,611 $2,544,740 $1,457,365 •YTD 3/2010 $9,045,138 $3,409,650 $2,429,563 $1,371,020 Capital Outlay Expenditures year-to-date at the end of the third quarter of this fiscal year is $3,530,038 as compared to $2,163,553 for the same period last year. The allocations of capital outlay are shown in the following chart. Parks& Capital Outlay $70,22 Rec 7 Equipment $111,704 - 1.99% $563,708 15.97% Streets Administrative $742'987 Services, $152,846 21.05% ,4.33% AFN CIP Open Space $77,539 $228,704 6.48% 2.20% Electric Facilities $333,261 $398,068 9.44% Wastewater Water 11.28% $538,434 $312,560 15.25% 8.85% Capital Outlay Expenditures for the Police Department were for architectural services for the Grove. Street Fund capital expenditures were for street projects, such as Jefferson Avenue, Laurel Street, Hersey realignment, street slurry seal, and the Belleview pathway. Capital expenditures in CIP Open Space were for Clay Street improvements and irrigation. Capital expenditures for CIP public works were for Fire Station No. 2 bond sale, the airport improvements, and painting the community, center. The Water Fund capital expenditures included Hosler dam spill gate paint & repairs and SDC projects. Wastewater costs were for 10% of the filters, and the Ashland Creek project. The Electric Fund expended capital on internal projects such as transformers, poles and line upgrades. The AFN capital expenditures were for the network and server. The Administrative Services division expenditures were for Page 6 of 11 �r, the new utility billing software. The Equipment Fund capital expenditures were primarily for the new ambulance for the fire department, new 2012 Suburban for the Police Department, and Wastewater filters. An overview by fund is as follows: General Fund — Total Revenues are 80.2% of budget and expenditures are 72.7% with $243,000 out of $500,000 of contingency used. The budget includes $788,878 reduction in ending fund balance, but there was an increase in planning fees and building permits. The estimated reduction in ending fund balance is now $313,206. It s expected this fund will meet its target fund balance at the end of the year. Street Fund — Total Revenues are 50.5% of budget. There has been no external financing of the $1,300,000 that was budgeted. Expenditures are 36.8% with no contingency used. The estimated reduction in ending fund balance is expected to be in line with the budgeted reduction of $340,176. This fund's ending fund balance continues to need to be increased to make up the estimated deficiency of$575,000 the target ending fund balance. Capital Improvements Fund — Total revenues are 64.6% of budget with $1,609,566 of financing not expected to occur. Expenditures are 20.6% of budget. Facilities capital outlay of $1,958,000 and parks open space capital outlay of $1,637,050 budgeted amounts are not expected to be spent at those levels. This fund's ending fund balance contains the Fire Station Bond proceeds; therefore it exceeds the target balance. Debt Service Fund - Taxes are 94.7% of budget, internal charges are 83.9% and payments on debt are 70.2% of budget. The increase in fund balance is expected to be in line with budget. This fund's ending fund balance continues to need to be increased. Water Fund - Charges for services is down by 13.6% this quarter from last year, and it is projected to be down 3.6% for the year. The change in the ending fund balance is $128,735 as of the end of the third quarter. This is an improvement over last year at this time when there was a deficit of ($216,651). This fund's ending fund balance is getting closer to the target amount and is estimated to be $95,500 short at the end of the current fiscal year. Wastewater Fund - Wastewater rates revenue is up $149,711 (5.9%). Collection and Treatment costs are up by 14.6% over last year as of the third quarter. The remaining debt service payment amount due in the fourth quarter in the same this year as last year of $1,390,000. The estimated food and beverage tax revenue is estimated to be 103% of the DEQ debt and last year it was 83%. Electric Fund - Revenue to date in the Electric Fund held steady between the YTD as of the end of the third quarters. Expenditures are up $838,310 (8.8%) over this same time last year resulting in a larger reduction in fund balance by $768,539 over the third quarter of the prior year. The Electric Fund had increases in costs primarily in the Distribution Division; 18% increase in personal services from adding an interim director, and a 12% increase in materials and services from increases in internal charges and professional services. The supply costs for the electric fund increased 3% at the end of the third quarter between fiscal years. The ending fund balance carried forward from FY 2010-11 was $185,836 greater than budgeted. Page 7 of 11 �r, This combined with the increased costs brings the ending fund balance more in line with the target by an estimated $30,000. Telecommunications Fund - Revenue to date in the Telecommunications Fund is up $36,697 (2.5%) at the end of the third quarter from the prior year. Personal services and material service are down $89,711 (7.8%) at the end of the third quarter from the prior year. Internal charges for technology debt have been reduced by $291,000 from $700,000 FY 2010-11 to $409,000 for FY 2011-12. With the reduction of the technology debt payment offsetting the higher costs of personal services and materials and services; this fund is estimated to be in excess of the target fund balance by $70,000. Revenues in the last quarter for CAN will be less due to the service agreement in these services and that will impact ending fund balance. Central Services Fund - Revenue is at $4.4 million (76% of budget), and greater than last year by $134,573 (3%) at the third quarter. Revenue in the Central Services fund is up because internal charges for central services fees budgeted for FY 2011-12 increased by $165,000, a 3% increase. All departments are below the 75% mark at March 31, except the City Recorder which is $3,165 over the 75% mark. This results in a positive cash flow of $104,211 or $395,844 better than what was budgeted for the year. This fund is estimated to have the ending fund balance $423,000 in excess of target. Insurance Services Fund - Revenue is at $558,741 which is 73% of budget. Expenditures are 81% of budget at the end of the third quarter. This results in a negative cash flow of $54,638. There is an unused contingency of $150,000. Reserves continue to be needed in this fund to achieve the target ending fund balance. It is estimated that the ending fund balance will be 60% of target at the end of this fiscal year. Equipment Fund - Revenue is at $1.8million (79% of budget) which includes $408,000 of Interfund loan repayments. Expenditures are 70% of budget at the end of the third quarter. This results in a positive cash flow of $543,738. There is an unused contingency of $47,000. The Street Sweeper estimated to cost $175,000 that was scheduled to be purchased this year will not be purchased until the next fiscal year (FY 2012-13). This fund is estimated to have the ending fund balance $772,000 in excess of target. Although the target ending fund balance is exceed, the funds need for replacement of existing equipment is not currently fully funded. Parks and Recreation Fund — Revenues are ahead of Expenditures at this point by $803,417 due to advance collections of property taxes. Charges for services are at $635,088 (76% of budget) and $39,622 over last year at this time. Divisions are 71% of budget. The approximately $3 million ending fund balance at the end of the third quarter will continually drop through June as expenditures funded by property taxes reduce the amount, and will also be needed for July though October expenses since property taxes are not received until November. Parks is estimated to exceed the estimated targeted ending fund balance of $1,242,000 by $845,750. Page 8 of 11 �r, Targeted Ending Fund Balances for the General, Enterprise Funds, and Parks & Recreation: In February 2010, Resolution No 2010-05 was adopted to establish the Financial Management Policies for targeted ending fund balances. As part of the FY 2011-12 City Council Goals, an organizational goal was to implement 2010 Council direction on Ending Fund Balance targets. Following is a description of the progress of this goal using projected unassigned (after restrictions and commitments) ending fund balances for FY 2011-12: The General Fund unassigned ending fund balance is estimated to be $1,967,863 or 1% over the policy target ending fund balance at the end of FY 2011-12. The FY 2011-12 ending fund balance policy target is $1,804,000. Estimated year end General Fund revenues are $15 million which is 1.5% greater than the budget amount. Estimated expenditures are $15.3 million or, 1.6% under the appropriated amount. A reduction of $531,878 (not including contingency) was budgeted for the General Fund's unassigned fund balance in order to align with the target policy of 12% of annual revenues. The projected reduction in the unassigned ending fund balance is $314,206. With this lower reduction, the projected General Fund's unassigned fund balance is projected to be 13% of revenues. General Fund 100% 2012 2012 Budget Estimate $15,000,000 75% $10,000,000 - 50% $5,000,000 25% $0 Actual Actual Actual Actual Actual Amended Estimated Projection 0% 2007 2008 2009 2010 2011 2012 2012 2013 111111111111111111Total Revenues $13,260,087 $13,621,941 $13,923,923 $14,431,588 $15,114,663 $14,820,110 $15,036,782 515,391,775 ®Total Expenditures $13,219,309 $13,907,989 $14,035,133 $14,142,474 $14,650,677 $15,608,988 $15,350,988 $16,339,114 Unassigned Fund Balance $2,367,714 $1,817,779 $1,770,430 $1,952,282 $2,366,151 $1,651,188 $1,967,863 $1,713,584 %b %of Revenues 18% 13% 13% 14% 16% 11% 13% 11% Policy Requirement 10% 10% 10% 10% 12% 12% 12% 12% Page 9 of 11 �r, The Enterprise Funds require an adjustment for the Fire Interface program. Although reported in the Water Fund, it is part of the Fire Department's activities. The total of all Enterprise Funds unassigned (after commitments and restrictions) ending fund balances are estimated to be $3,510,423 or 12% under policy target ending fund balances. The FY 2011-12 estimated unassigned ending fund balance policy target based on the percent of revenue for all enterprise funds is $3,986,260. Estimated year end Enterprise Funds revenues are $24.7 million or 8.3% below budget after adjusting for the Fire Interface program. Estimated year end expenditures are $26.3 million or 12.5% below budget after adjusting for the Fire Interface program. A reduction of $1,956,101 (not including contingency) was budgeted for the Enterprise Funds' unassigned fund balances. The estimated reduction for fiscal year 2011-2012 is $1,592,335 which is a $363,766 difference (improvement) from budget. Rate increases and interfund borrowing in the last two fiscal years were used to bring the Enterprises ending fund balances and the policy targets closer together. Total Enterprise Funds 2012 2012 $30,000,000 Budget Estimate 120% $25,000,000 100% $20,000,000 80% $15,000,000 so% $10,000,000 40% $5,000,000 20% $0 2007 2008 2009 2010 2011 2012 2012 2013 0% Actual Actual Actual Actual Actual Budget Estimate Proposed Total Revenues $23,839,745 $23,456,329 $23,930,616 $23,893,465 525,106,999 26,769,505 24,713,672 31,505,879 - ®Total Expenses $26,709,063 $26,732,958 $23,293,442 $24,144,550 $24,832,512 29,604,606 26,306,007 32,167,090 t•Unassigned Fund Balances $5,151,394 $2,350,986 $3,026,204 $3,833,504 $4,358,965 $2,892,576 3,510,423 4,198,689 Fund Balances%of Revenue 22% 10% 13% 16% 18% 11% 14% 16% --*—Avg Enlreprise EFB Target% 14.7% 15.2% 14.8% 14.8% 14.8% 14.6% 16.3% 14.6% Page 10 of 11 Ir, Parks ending fund balance is estimated to be $2,087,749 or 40% over the policy target ending fund balance at the end of FY 2011-12. The FY 2011-12 ending fund balance policy target is $1,242,000. Estimated year end parks revenues are $5.2 million which is less than 1% greater than the budget amount. Estimated expenditures are $5.3 million or 2.2% under the appropriated amount. A reduction of $247,470 (not including contingency) was budgeted for the Parks Fund's unassigned fund balance. The projected reduction in the unassigned ending fund balance is $126,282. The Park's ending fund balance continues to be above target. 2012 2012 100% $5,930,000 Ashland Parks & Recreation Budget Estimate 90% $4,930,000 80% 70% $3,930,000 60% $2,930,000 50% 40% $1,930,000 30% 20% $930,000 10% ($70,000) 0% Actual Actual Actual Actual Actual Amended Estimated Projection 2007 2008 2009 2010 2011 2012 2012 2013 Total Revenues $4,448,517 $4,913,592 $5,143,244 $5,023,437 $5,154,671 $5,147,700 $5,190,000 $5,284,500 ®Total Expenditures $4,774,972 $4,893,062 $4,964,935 $4,615,407 $4,728,421 $5,435,170 $5,316,282 $6,081,810 Unassigned Fund Balance $1,180,912 $1,201,442 $1,379,751 $1,787,781 $2,214,031 $1,703,840 $2,087,749 $1,290,439 a %of Revenues 27% 24% 27% 36% 43% 33% 40% 24% --9—Policy Requirement 1 20% 1 20% 1 20% 1 20% 1 25% 1 25% 11 25% 1 25% Unaudited, detailed balance sheets, revenue and expenditure reports, and fund statements are available for your review in the Administrative Services Department office at City Hall should you require any additional information. Page 11 of 11 City of Ashland Summary of Cash and Investments March 31,2012 Balance Balance Change From Fund March 31,2012 March 31,2011 FY 2011 General Fund $ 3,728,698 $ 3,736,103 $ (7,405) Community Block Grant Fund 6,274 9,466 (3,192) Reserve Fund 1,012,447 149,211 863,236 Street Fund 3,064,556 2,492,792 571,764 Airport Fund 68,781 22,126 46,655 Capital Improvements Fund 4,945,655 2,029,157 2,916,498 Debt Service Fund 1,253,447 870,368 383,079 Water Fund 2,016,440 1,311,660 704,780 Wastewater Fund 3,803,167 3,830,300 (27,133) 'Electric Fund 1,480,674 2,139,696 (659,022) Telecommunications Fund 329,156 261,395 67,761 Central Services Fund 893,406 647,730 245,676 Insurance Services Fund 805,831 898,466 (92,635) Equipment Fund 2,415,972 2,551,694 (135,722) Cemetery Trust Fund 855,487 827,725 27,762 $ 26,679,990 $ 21,777,890 $ 4,902,100 Parks&Recreation Agency Fund 3,464,439 3,375,790 88,649 3,464,439 3,375,790 88,649 Total Cash Distribution $ 30,144,429 $ 25,153,680 $ 4,990,750 Manner of Investment General Banking Accounts $ 39,595 $ 928,479 $ (888,884) Local Government Inv.Pool 30,104,834 20,195,871 9,908,963 City Investments 4,029,329 (4,029,329) Total Cash and Investments $ 30,144,429 $ 25,153,680 $ 4,990,750 Dollar Distribution Cash Balance Distribution Pae.ad Cmtra Savkee. Re .d.FUnd. Claims& I .and 11% SDCS, Equp„m Fad. $5,687,169, Judgments, 14% &°�'a(Ge.; 19% $400,000,1% Tms($855,915 w G mmenq ',3% Debt Reserved, 52,486,570,8% Unassigned, $18,095,581, 60% Other Reserved, $2,318,014,8% Asset FOrleBetl tweln.aiype - TOT Tourism 8129,510,1% Funda 25% 100,563,0% zsx 9.MaM2Fn.ARep ft 4Q2 12 1 City of Ashland Statement of Revenues and Expenditures - City Wide For the ninth month ended March 31, 2012 Fiscal Year 2012 Percent Fiscal Year 2011 Year-TO-Dale Fiscal Year 2012 Collected 1 Year-TO-Date Resource Summary Actuals Amended Expended Balance Actuals Revenues Taxes $ 15,589,483 $ 19,433,650 80.2% $ (3,844,167) $ 15,099,844 Licenses and Permits 606,674 482,750 125.7% 123,924 371,083 Intergovernmental Revenues 2,627,288 5,972,025 44.0% (3,344,737) 1,644,820 Charges for Services-Rate B lnlema' 28,230,103 37,552,541 75.2% (9,322,438) 27,840,487 Charges for Services-Misc.Service fees 505,055 437,181 115.5% 67,874 359,903 System Development Charges 298,801 202,000 147.9% 96,801 222,476 Fines and Forfeitures 125,846 165,000 76.3% (39,154) 131,369 Assessment Payments 11,633 5,000 232.7% 6,633 16,973 Interest on Investments 116,015 257,200 45.1% (141,185) 159,186 Miscellaneous Revenues 494,064 484,602 102.0% 9,462 356,126 Total Revenues 48,604,964 64,991,949 74.8% (16,386,987) 46,202,267 Budgetary Resources: Other Financing Sources 3,060,434 7,437,200 41.2% (4,376,766) 324,400 Interfund Loans 408,000 408,000 100.0% - 208,000 Transfers In 541,640 491,482 110.2% 50,158 598,389 Total Budgetary Resources 4,010,074 8,336,682 48.1% (4,326,608) 1,130,789 Total Resources 52,615,038 73,328,631 71.8% (20,713,595) 47,333,056 Requirements by Classification Personal Services 17,520,495 24,437,430 71.7% 6,916,935. 16,799,210 Materials and Services 21,971,612 31,304,307 70.2% 9,332,695 21,889,211 Debt Service 2,518,471 4,695,628 53.6% 2,177,157 3,376,205 Total Operating Expenditures 42,010,580 60,437,365 69.5% 18,426,787 42,064,626 Capital Construction Capital Outlay 3,530,038 14,286,760 24.7% 10,756,722 2,163,553 InlerfundLoans 408,000 408,000 100.0% - 208,000 Transfers Out 541,640 641,482 84.4% 99,842 598,389 Contingencies 1,683,000 0.0% 1,683,000 Total Budgetary Requirements 949,640 2,732,482 34.8% 1,782,842 806,389 Total Requirements 46,490,258 77,456,607 60.0% 30,966,351 45,034,568 Excess(Deficiency)of Resources over Requirements 6,124,781 (4,127,976) 248.4% 10,252,757 2,298,488 Working Capital Carryover 23,622,352 21,240,898 111.2% 2,381,454 22,307,271 Unappropriated Ending Fund Balance $ 29,747,133 $ 17,112,922 173.8% $ 12,634,211 $ 24,605,759 B.MSFYltfnutitl Wynl.aW 125801] 2 City of Ashland Schedule of Budgetary Compliance Per Resolution #2011-18 As Amended Per Resolution #2011-33 For the ninth month ended March 31, 2012 Fiscal Year 2012 Year-To-Date Fiscal Year 2012 Percent Actuals Amended Used Balance General Fund Administration $ 67,506 $ 258,829 26.1% $ 191,323 Administration-Library 274,339 376,720 72.8% 102,381 Administration-Municipal Court 326,212 452,123 72.2% 125,911 Administrative Services-Social Services Grants 118,865 122,710 96.9% 3,845 Administrative Services-Economic&Cultural Grants 501,503 626,078 80.1% 124,575 Administrative Services-Miscellaneous 48,358 127,546 37.9% 79,188 Administrative Services-Band 36,456 58,500 62.3% 22,044 Police Department 4,141,679 5,563,481 74.4% 1,421,802 Fire and Rescue Department 4,141,142 5,528,533 74.9% 1,387,391 Public Works-Cemetery Division 239,726 321,125 74.7% 81,399 Community Development-Planning Division 841,013 1,153,310 72.9% 312,297 Community Development-Building Division 464,196 612,533 75.8% 148,337 Transfers 150,500 150,500 100.0% - Contingency - 257,000 0.0% 257,000 Total General Fund 11,351,495 15,608,988 72.7% 4,257,493 Community Development Block Grant Fund Personal Services 30,451 44,300 68.7% 13,849 Materials and Services 153,045 221,845 69.0% 68,800 Total Community Development Grant Fund 183,496 266,145 68.9% 82,649 Street Fund Public Works-Street Operations 1,969,293 5,040,020 39.1% 3,070,727 Public Works-Storm Water Operations 405,963 713,551 56.9% 307,588 Public Works-Transportation SDC's 106,432 401,110 26.5% 294,678 Public Works-Storm Water SDC's 15,558 146,850 10.6% 131,292 Public Works-Local Improvement Districts 744 391,140 0.2% 390,396 Contingency - 100,000 0.0% 100,000 Total Street Fund 2,497,990 6,792,671 36.8% 4,294,681 Airport Fund Materials and Services 38,757 64,950 59.7% 26,193 Debt Service 19,268 43,536 44.3% 24,268 Contingency - 5,000 0.0% 5,000 Total Airport Fund 58,025 113,486 51.1% 55,461 9.Mar F'inarcul FaPO�du arxao12 iz 3 Schedule of Budgetary Compliance Per Resolution #2011-18 As Amended Per Resolution #2011-33 For the ninth month ended March 31, 2012 Fiscal Year 2012 Year-To-Dale Fiscal Year 2012 Percent Actuals Amended Used Balance Capital Improvements Fund Public Works-Facilities 870,698 4,269,180 20.4% 3,398,482 Administrative Services-SDC(Parks) - 121,350 0.0% 121,350 Administrative Services-Open Space(Parks) 232,879 1,785,650 13.0% 1,552,771 Transfers 38,572 121,982 31.6% 83,410 Other Financing Uses(Interfund Loan) 208,000 208,000 100.0% - Contingency 1 50,000 0.0% 50,000 Total Capital Improvements Fund 1,350,148 6,556,162 20.6% 5,206,014 Debt Service Fund Debt Service 1,579,362 2,248,574 70.2% 669,212 Total Debt Service Fund 1,579,362 2,248,574 70.2% 669,212 Water Fund Electric-Conservation 113,864 171,526 66.4% 57,662 Public Works-Forest Lands Management Division 316,718 1,843,458 17.2% 1,526,740 Public Works-Water Supply 300,652 620,922 48.4% 320,270 PublicWorks-WaterTreatment 694,698 1,056,289 65.8% 361,591 Public Works-Water Division 1,610,816 2,347,519 68.6% 736,703 Public Works-Reimbursement SDC's 53,800 110,000 48.9% 56,200 Public Works-Improvement SDC's 38,141 250,000 15.3% 211,859 Public Works-DebtSDC's 113,129 124,860 90.6% 11,731 Debt Service 518,269 560,298 92.5% 42,029 Other Financing Uses(Interfund Loan) 200,000 200,000 100.0% - Contingency - 194,000 0.0% 194,000 Total Water Fund 3,960,088 7,478,872 53.0% 3,518,784 WasteWater Fund Public Works-Wastewater Collection 1,251,097 1,937,482 64.6% 686,385 Public Works-Wastewater Treatment 1,823,324 2,478,433 73.6% 655,109 Public Works-Reimbursements SDC's 1,273 21,250 6.0% 19,977 Public Works-Improvements SDC's 159,396 351,912 45.3% 192,516 Debt Service 250,950 1,670,573 15.0% 1,419,623 Contingency - 160,000 0.0% 160,000 Total Wastewater Fund 3,486,040 6,619,650 52.7% 3,133,610 Electric Fund Electric-Conservation Division 423,932 509,841 83.1% 85,909 Electric-Supply 4,687,836 7,095,300 66.1% 2,407,464 Electric-Distribution 4,457,001 6,164,617 72.3% 1,707,616 Electric-Transmission 675,282 953,000 70.9% 277,718 Debt Service 23,207 24,565 0.0% 1,358 Contingency - 425,000 0.0% 425,000 Total Electric Fund 10,267,258 15,172,323 67.7% 4,905,065 9.Mar FYQFineo Re d.du 4a 12 4 Schedule of Budgetary Compliance Per Resolution #2011-18 As Amended Per Resolution #2011-33 For the ninth month ended March 31, 2012 Fiscal Year 2012 Year-To-Date Fiscal Year 2012 Percent Actuals Amended Used Balance Telecommunications Fund IT-Internet Personal Services 442,968 670,620 66.1% 227,652 IT-Internet Materials&Services 615,193 856,959 71.8% 241,766 IT-Internet Capital Outlay 43,535 140,640 31.0% 97,105 Debt-To Debt Service Fund 409,000 409,000 100.0% - Contingency - 100,000 0.0% 100,000 Total-Telecommunications Fund 1,510,696 2,177,219 69.4% 666,523 Note.In Intemet appropriation Central Services Fund Administration Department 912,927 1,364,801 66.9% 451,874 IT-Computer Services Division 843,240 1,188,042 71.0% 344,802 Administrative Services Department 1,304,251 1,736,601 75.1% 432,350 City Recorder 236,232 310,756 76.0% 74,524 Public Works-Administration and Engineering 1,039,809 1,390,453 74.8% 350,644 Contingency - 145,000 0.0% 145,000 Total Central Services Fund 4,336,459 6,135,653 70.7% 1,799,194 Insurance Services Fund Personal Services 60,069 79,580 75.5% 19,511 Materals and Services 553,310 676,500 81.8% 123,190 Contingency - 150,000 0.0% 150,000 Total Insurance Services Fund 613,379 906,080 67.7% 292,701 Equipment Fund PublicWorks-Maintenance 723,133 988,614 73.1% 265,481 Public Works-Purchasing and Acquisition 563,702 800,000 70.5% 236,298 Contingency - 47,000 0.0% 47,000 Total Equipment Fund 1,286,835 1,835,614 70.1% 548,779 Cemetery Trust Fund Transfers 3,568 20,000 17.8% 16,432 Total Cemetery Trust Fund 3,568 20,000 17.8% 16,432 9.MuM2FNbld31Rq nt. e12 5 Schedule of Budgetary Compliance Per Resolution #2011-18 As Amended Per Resolution #2011-33 For the ninth month ended March 31, 2012 Fiscal Year 2012 Year-To-Date Fiscal Year 2012 Percent Actuals Amended Used Balance Parks and Recreation Fund Parks Division 2,550,563 3,500,240 72.9% 949,677 Recreation Division 751,012 1,103,040 68.1% 352,028 Golf Division 286,545 432,890 66.2% 146,345 Transfers 349,000 349,000 100.0% - Contingency 50,000 0.0% 50,000 Total Parks and Recreation Fund 3,937,121 5,435,170 72.4% 1,498,049 Youth Activities Levy Fund Materials and Services - 20,000 0.0% 20,000 Total Youth Activities Levy Fund 20,000 0.0% 20,000 Parks Capital Improvement Fund Capital Outlay 68,296 70,000 97.6% 1,704 Total Parks Capital Improvement Fund 68,296 70,000 97.6% 1,704 Total Appropriations $ 46,490,258 $ 77,456,607 60.0% $ 30,966,349 9.MarM2 Finaoa'Re Au 0264912 6 City of Ashland Statement of Resources,Requirements,and Changes in Fund Balance March 31,2012 Fiscal Year 2012 Percent Fiscal Year 2011 Fiscal Year 2011 Year-Tc-Date Fiscal Year 2012 Collected) Year-TO-Dale Endof-Year Actuals Amended Expended Balance Actuals Actuals 110 General Fund Taxes $ 9,330,546 $ 11,908,650 78.4% $ (2,578,104) $ 9,651,665 $ 12,121,415 Licenses and Permits 606,674 482,750 125.7% 123,924 371,083 482,275 Intergovernmental 510,246 690,600 73.9% (180,354) 440,712 655,817 Charges for Services 1,107,384 1,450,510 76.3% (343,126) 1,124,157 1,489,665 Fines 125,846 165,000 763% (39,154) 131,369 183,239 Interest on Investments 13,338 40,000 33,3% (26,662) 20,314 19,619 Miscellaneous 193,359 62,600 308.9% 130,759 59,975 157,334 Transfer In(Cemetery Fund) 3,568 20,000 17.8% (16,432) 5,464 5,298 Total Revenues and Other Sources 11,890,962 14,820,110 80.2% (2,929,148) 11,804,739 15,114,663 Administration 67,506 258,829 26.1% 191,323 140,554 182,883 Administration-Library 274,339 376,720 72.8% 102,381 266,349 355,132 Administration-Municipal Court 326,212 452,123 722% 125,911 323,452 432,486 Finance-Social Services Grants 118,865 122,710 96,9% 3,845 118,558 118,568 Finance-Economic B Cultural Grants 501,503 626,078 801% 124,575 473,955 571,455 Finance-Miscellaneous 48,358 127,516 37.9% 79,188 35,821 61,012 Finance-Band 36,456 58500 62,3% 22,044 38,684 56,214 Police Department 4,141,679 5,563,481 74.4% 1,421,802 3,938,457 5,232,383 Fire and Rescue Department 4,141,142 5,528,533 74.9% 1,387,391 3,990,406 5,251,735 Public Works-Cemetery Division 239,726 321,125 74.7% 81,399 221,745 297,274 Community Development-Planning Division 841,013 1,153,310 72.9% 312,297 826,352 1,141,351 Community Development-Building Division 464,196 612,533 75.8% 148,337 429,041 589,185 Transfers(Cemetery and Reserve Fund) 150,500 150,500 100.0% - 500 361,000 - Contingency 257,500 0.0% 257,000 Total Expenditures and Other Uses 11,351,495 15,608,988 72.7% 4,257,493 10,803,874 14,650,678 Fxcess(Defidency)of Revenues and Other Sources over Expenditures and Other Uses 539,467 (781 168.4% 1,328,345 1,000,865 463,985 Fund Balance 1,2011 2,938,556 2,518066 1167% 420,490 2,474,570 2,474,570 Fund Balance,Mar 31,2012 $ 3.478.023 $ 1,729,188 201.1% $ 1,748,835 $ 3,475,435 $ 2,938,556 Reconciliation of Fund Balance: Restnded and Committed Funds 757,103 Unassigned Fund Balance $ 2,720,919 9.Ir Fll3 Rad Rprt,b, vmatre 7 City of Ashland Statement of Resources,Requirements,and Changes in Fund Balance March 31,2012 Fiscal Year 2012 Percent Fiscal Year 2011 Fiscal Year 2011 Year-To-Date Fiscal Year 2012 Collectedl Year-To-Date Endo(-Year Actuals Amended Expended Balance Actuals Actuals 250 Community Development Block Fund Intergovernmental $ 152,759 $ 266,145 57.4% $ (113,386) $ 152,189 $ 238,794 Total Revenues and Other Sources 152,759 266,145 57.4% (113,366) 152,189 238,794 Personal Services 30,451 44,300 687% 13,849 27,977 41,556 Materials and Servces 153,045 221,845 69.0% 68,800 156,122 200,238 Total Expenditures and Other Uses 183,496 266,145 68.9% 82,649 184,099 241,794 Excess(Deficiency)of Revenues and Other Sources over Expenditures and Other Uses (30,737) - NIA (30,737) (31,910) (3,000) Fund Balance,Jul 1,2011 34,424 NIA 34,424 37,424 37,424 Fund Balance,Mar 31,2012 $ 3.687 $ NIA $ 3,687 $ 5.514 $ 34424 Reconciliation of Fund Balance: Restricted and Committed Funds 3,687 Unassigned Fund Balance $ 9.1/s Fl13 Fx,s,NflgaLtic nsrzoix 8 City of Ashland Statement of Resources,Requirements,and Changes in Fund Balance March 31,2012 Fiscal Year 2012 Percent Fiscal Year 2011 Fiscal Year 2011 Year-To-Date Fiscal Year 2012 Collected l Year-TO-Date End-of-Year Actuals Amended Expended Balance Actuals Actuals 255 Reserve Fund Interest on Investments $ 3,766 $ 10,000 37.7% $ (6,234) $ 960 $ 930 Transfer in(General Fund) 150,000 - NIA - - - Transfer In(Parks General Fund) 349,000 349,000 100.0% 360,500 Total Revenues and Other Sources 502,766 359,000 140.001. - 950 361,430 Total Expenditures and Other Uses N/A Excess(Deficiency)of Revenues and Other Sources over Expenditures and Other Uses 502,766 359,000 140.0% 143,766 960 361,430 Fund Balance,Jul 1,2011 509,502 510,172 .99.9% (670) 148,072 148,072 Fund Balance,Mar 31,2012 $ 1.01 2r268 $ 869.172 1165% $ 143,096 $ 149,032 $ 509.502 Reconciliation of Fund Balance: Restricted and Committed Funds 1,012,268 Unassigned Fund Balance $ (0) 9.MW fY12 Fu WRgv .M1 9 City of Ashland Statement of Resources, Requirements,and Changes in Fund Balance March 31,2012 Fiscal Year 2012 Percent Fiscal Year 2011 Fiscal Year 2011 Year-To-Dale Fiscal Year 2012 Collected/ Year-To-Date End-of-Year Acluals Amended Expended Balance Acluals Actuals 260 Street Fund Taxes $ 26,288 $ 50,000 52.6% $ (23,712) $ 26,350 $ 52,848 Intergovernmental 1,694,584 3,007,495 56.3% (1,312,911) 735,647 1,319,244 Charges for Services-Rates 1,415,355 2,015,800 70.2% (600,445) 1,417,722- 1,890,667 Charges for Services-Mist.Service Fees 12,934 10,200 126.8% 2,734 8,303 17,789 System Development Charges 89,096 40,000 222,7/ 49,096 48,649 80,061 Assessments 11,633 5,000 232.7% 6,633 16,973 17,867 Interest on Investments 10,230 19,000 53.8% (8,770) 18,414 17,900 Miscellaneous 340 5,000 6.8% (4,660) 4,217 5,101 Other financing Sources 1,300,000 0.0% (1,300,000) Total Revenues and Other Sources 3,260,460 6,452,495 50.5% (3,192,035) 2,276,275 3,401,477 Pudic Works-Street Operations 1,969,293 5,040,020 39.1% 3,070,727 1,955,503 2,986,071 Public Works-Storm Water Operations 405,963 713,551 56.9% 307,588 417,285 586,524 Pudic Works-Transportalion SDC's 106,432 401,110 26.5% 294,678 60,178 196,484 Pudic Works-Storm Water SDC's 15,558 146,850 10.6% 131,292 29,041 41,289 Public Works-Local Improvement Dsmcls 744 391,140 0.2% 390,396 163,050 175,326 Confingenq 100,000 0.0% 100,000 Total Expenditures and Other Uses 2,497,990 6,792,671 36.8% 4,294,681 2,625,057 3,985,694 Excess(Defidency)of Revenues and Other Sources over Expenditures and Other Uses 762,470 (340,176) 324.1% 1,102,646 (348,782) (584,217) Fund Balance 1,2011 2,236,300 2,545,596 87.8% (309,296) 2,820,517 2,820,517 Fund Balance 31,2012 $ 2,998,770 $ 2,205.420 136.0% $ 793,350 $ 2,471,735 $ 2,236,300 Reconciliation of Fund Balance: Restricted and Committed Funds 1,980,292 - Unassigned Fund Balance $ 1,018,478 o a.nsn,.,a.nw�m, mvm,z 10 City of Ashland Statement of Resources, Requirements,and Changes in Fund Balance March 31,2012 Fiscal Year 2012 Percent Fiscal Year 2011 Fiscal Year 2011 Year-TO-Dale Fiscal Year 2012 Collected l Year-TO-Date Em:144ear Acluals Amended Expended Balance Acluals Acluals 280 Airport Fund Charges for Services-Rates $ 78,823 $ 115,000 68.5% $ (36,177) $ 80,511 $ 125,835 Interest on Investments 257 300 85.5% (43) 225 219 Total Revenues and Other Sources 79,079 115,300 68.6% (36,221) 80,736 126,054 Materials and Services 38,757 64,950 59.7% 26,193 49,004 59,595 Debt Service 19,268 43,536 44,3% 24,268 19,268 38,536 Contingency - 5,000 0.0% 5,000 - - Total Expenditures and Other Uses 58,025 113,486 51.1% 55,461 68,272 98,131 Excess(Deficiency)of Revenues and Other Sources over Expenditure and Other Uses 21,054 1,814 1160.6% 19,240 12,464 27,923 Fund Balance 1,2011 60,083 42,573 141,1% 17,510 32,160 32,160 Fund Balance 31,2012 $ 81,137 $ 44,387 182.8% $ 36,750 $ 44,624 $ 60,083 Reconciliation of Fund Balance: Restricted and Committed Funds 81,137 Unassigned Fund Balance $ 0 B.W FYI3 F,amlRpvtle , arsmaa 11 City of Ashland Statement of Resources, Requirements,and Changes in Fund Balance March 71,2012 Fiscal Year 2012 Percent Fiscal Year 2011 Fiscal Year 2011 Year-TO-Dale Fiscal Year 2012 Collected 1 - Year-TO-Date Endof-Year Acluals Amended Expended Balance Acluals Acluals 410 Capital Improvements Fund Taxes $ 233,346 $ 432,000 54.0% $ (198,654) $ 219,565 $ 398,224 Intergovernmental 33,069 175,000 18.9% (141,931) 4,734 1,428,253 Charges for Services-Internal 696,470 930,000 74.9% (233,530) 829,144 1,105,526 Charges for Services-Misc.Service Fees 36,504 60,000 45,6% (43,496) 41,051 58,345 System Development Charges 18,106 22,000 82.3% (3,894) 11,655 22,701 Interest an Investments 12,800 24,000 53.3% (11,200) 15,178 14,784 Miscellaneous 1,301 1,000 130.1% 301 794 81,077 Other Financing Sources 3,060,434 4,670,000 65.5% (1,609,566) Total Revenues and Other Sources 4,092,030 6,334,000 64.6% (2,241,970) 1,122,121 3,10$910 Public Works-Facilities 870,698 4,269,180 20.4% 3,398,482 465,353 2,222,865 Administrative Services-SDC(Parks) - 121,350 0.0% 121,350 - Administra0ve Services-Open Space(Packs) 232,879 1,785,650 13.0% 1,552,771 47,063 52,509 Transfers(Debt Service Fund) 38,572 121,982 31.6% 83,410 592,425 631,051 Interfund Loan(Equipment Fund) 208,000 208,000 100.0% - 208,000 208,000 Contingency - 50,000 0.0% 50,000 - - TotalExpendituresandOtherUses 1,350,148 6,556,162 20.6% 5,156,014 1,312,841 3,114,425 Excess(Deficiency)of Revenues and Other Sources over Expenditures and Other Uses 2,741,882 (222,162) 1334.2% 2,964,044 (190,720) (5,515) Fund Balance,Jul 1,2011 2,132,661 2,050,612 104.0% 82,049 2,138,176 2,138,176 Fund Balance,Mar 31,2012 $ 4,874,543 $ 1,828,450 266.6% $ ' 3,046,093 $ 1,947,456 $ 2,132,661 Reconciliation of Fund Balance: Restricted and Committed Funds 3,851,025 Unassigned Fund Balance $ 1,023,518 12 City of Ashland Statement of Resources, Requirements,and Changes in Fund Balance March 31,2017 Fiscal Year 2012 Percent Fiscal Year 2011 Fiscal Year 2011 Year-To-Date Fiscal Year 2012 Collected l Year-TO-Date End-of-Year Actuals Amended Expended Balance Actuals Actuals 530 Debt Services Taxes $ 937,725 $ 989,750 94.7% $ (52,025) $ 376,735 $ 405,655 Charges for Services-Internal 967,975 1,153,878 839% (185,903) 1,225,000 1,430,000 Charges for Services-Misc.Service Fees 55,196 74,511 74.1% (19,315) 53,453 72,081 Interest on Investments 2,425 5,000 485% (2,575) 3,455 3,312 Miscellaneous 29,302 29,302 100.0% (0) 29,302 29,302 Transfer In(CIP) 38,572 121,982 31.6% (83,410) 592,425 631,051 Total Revenues and Other Sources 2,031,194 2,374,423 85.5% (343,229) 2,280,370 2,571,401 Debt Service 1,579,362 2,248,574 70.2% 669,212 2,164,631 2,524,351 Total Expenditures and Other Uses 1,579,362 2,248,574 702% 669,212 2,164,531 2,524,351 Excess(DeUdency)of Revenues and Other Sources over Expenditures and Other Uses 451,832 125,849 359.0% 325,983 115,739 47,050 Fund Balance,Jul 1,2011 809.248 894,697 911 (85,449) 762,199 762,199 Fund Balance,Mar 31,2012 $ 1,261,080 $ 1,020,546 123.6% $ 240,534 $ 877,938 $ 809,248 Reconciliation of Fund Balance: Restricted and Committed Funds 1,261,080 Unassigned Fund Balance $ o w.n�:r,.mRm�m • mvm,z - 13 City of Ashland Statement of Resources, Requirements,and Changes in Fund Balance March 31,2012 Fiscal Year 2012 Percent Fiscal Year 2011 Fiscal Year 2011 Year-TO-Dale Fiscal Year 2012 Collected Year-TO-Dale End-of-Year Actuals Amended Expended Balance Actuals Actuals 670 Water Fund Taxes $ 48 $ 50 95.7% $ (2) $ 40 $ 45 Intergovernmental 215,259 1,669,965 12.9% (1,454,706) 132,976 344,396 Charges for Services-Rates 3,655,799 4,738,430 77.2% (1,082,631) 3,347,611 4,230,879 Charges for Services-Misc.Service Fees 59,845 14,470 413.6% 45,375 8,622 19,376 System Development Changes 142,687 100,000 1427% 42,687 114,326 180,604 Interest on Investments 8,582 13,200 65.0% (4,618) 10,473 10,006 Miscellaneous 6,603 31,200 21.2% (24,597) 20,978 21,297 Intedund Loan(Equipment Fund) NIA 550,000 Total Revenues and Other Sources 4,088,823 6,567,315 623% (2,478,492) 3,635,026 5,356,603 Electric-Conservation 113,864 171,526 66.4% 57,662 126,450 175,495 Public Works-Forest Lands Management 316,718 1,843,458 17.2% 1,526,740 257,327 369,116 Public Works-Water Supply 300,652 620,922 48.4% 320,270 249,935 299,099 Public Works-Water Treatment 694,698 1,056,289 65.8% 361,591 689,327 993,703 Public Works-Water Operations 1,610,816 2,347,519 68.6% 736,703 1,767,400 2,284,546 Public Works-Reimbursement SDC's 53,800 110,000 48.9% 56,200 90,823 113,549 Public Works-Improvement SDC's 38,141 25Q000 15.3% 211,859 45,084 48,783 Public Works-Debt Serdce SOC's 113,129 124,860 90.6% 11,731 111,765 124,992 Debt Service 518,269 560,298 92.5% 42,029 513,566 586,805 Other Financing Uses(Interfund Loan) 200,000 200,000 100.0% - - - Contingency - 194,000 0.0% 194,000 Total Expenditures and Other Uses 3,960,088 7,478,872 53.0% 3,518,784 3,851,677 4,996,087 Excess(De0ciency)of Revenues and Other , Sources over Expenditures and Other Uses 128,735 (911,557) 114.1% 1,040,292 (216,651) _ 360,516 Fund Balance,Jul 1,2011 2,212,401 2,033,088 108.8% 179,313 1,851,885 1,851,885 Fund Balance,Mar 31,2012 $ 2,341,136 $ 1,121,531 208.7% $ 1,219.605 $ 1,635,234 $ 2,212,401 Reconciliation of Fund Balance: Restricted and Committed Funds 1,969,219 Unassigned Fund Balance $ 371,917 o.a.nufn...0 ew�xm usewx 14 City of Ashland Statement of Resources, Requirements,and Changes in Fund Balance March 31,2012 Fiscal Year 2012 Percent Fiscal Year 2011 Fiscal Year 2011 Year-TO-Date Fiscal Year 2012 Collected Year-To-Dale End-of-Year Actuals Amended Expended Balance Actuals Actuals 675 Wastewater Fund Taxes $ 933,385 $ 1,728,000 54.0% $ (794,615) $ 878,258 $ 1,592,897 Charges for Services-Rates 2,694,451 3,556,000 75.7% (863,549) 2,544,740 3,373,748 Charges for Services-Misc.Serdce Fees 14,987 12,000 1249% 2,987 9,000 12,000 System Development Charges 48,912 40,000 122.3% 8,912 47,847 68,956 Interest on Investments 13,681 30,000 45.6% (16,319) 23,020 22,476 Miscellaneous 2,145 - NIA 2,145 - - Other Financing Sources 467,200 0.0% (467,200) 324,400 324,400 Total Revenues and Other Sources 3,707,561 5,835,200 63.5% (2,127,639) 3,827,265 5,394,477 Pudic Works-Wastewater Collection 1,251,097 1,937,482 64.6% 686,385 1,149,488 1,552,808 Pudic Works-Wastewater Treatment 1,823,324 2,478,433 73.6% 655,109 1,532,115 1,954,120 Public Works-Reimbursements SDC's 1,273 21,250 6.0% 19,977 1,127 - 2,606 Public Works-Improvements SDC's 159,396 351,912 45.3% 192,516 138,463 210,606 Debt Service 250,950 1,670,573 15.0% 1,419,623 529,346 1,920,235 Contingency - 160,000 0.0% 160,000 - - TotalExpendituresandOtherUses 3,486,040 6,619,650 52.7% 3,133,610 3,350,539 5,640,375 Excess(Defipency)of Revenues and Other Sources over Expenditures and Other Uses 221,521 (784,450) 128.2% 1,005,971 476,726 (245,898) Fund Balance,Jul 1,2011 3,250,111 3,116,654 104.3% 133,457 3,496,009 3,496,009 Fund Balance 31,2012 $ 3,471,632 $ 2,332,204 148.9% $ 1,139,428 $ 3,972,735 $ 3,250,111 Reconciliation of Fund Balance: Restnded and Committed Funds 2,591,234 Unassigned Fund Balance $ 880,398' s.WHIZ F....0 RmrnrW 15 mvmu City of Ashland Statement of Resources,Requirements,and Changes in Fund Balance March 31,2012 Fiscal Year 2012 Percent Fiscal Year 2011 Fiscal Year 2011 Year-To-Date Fiscal Year 2012 Collected/ Year-To-Date Endof-Year Aduals Amended Expended Balance Actuals Actwls 690 Electric Fund Intergovernmental $ 21,372 $ 145,000 14.7% $ (123,628) $ 161,119 $ 187,436 Charges for Services-Rates 9,371,213 12,548,455 747% (3,177,242) 9,247,475 12,126,401 Charges for Services-Mist.Service Fees 139,273 115,000 121.1% 24,273 82,914 112,315 Interest on Investments 7,439 19,500 38.1% (12,062) 11,263 10,817 Miscellaneous 152,646 145,500 104.9% 7,146 119,400 154,772 Other Finanang Sources 1,000,000 NIA (1,000,000) Total Revenues and Other Sources 9,691,942 13,973,455 69.4% (4,281,513) 9,622,171 12,591,741 Electric-Conservation Division 423,932 509,841 83.1% 85,909 414,984 547,421 Electric-Supply 4,687,836 7,095,300 66.1% 2,407,464 4,553,805 5,573,812 Electric-Distribution 4,457,001 6,164,617 72.3% 1,707,616 3,784,409 5,210,098 Electric-Transmission 675,282 953,000 70.9% 277,718 652,407 814,013 Debt Service 23,207 24,565 94.5% 1,358 23,343 24,836 Contingency - 425,000 0.0% 425,000 Total Expenditures and Other Uses 10,267,258 15,172,323 67.7% 4,905,065 9,428,948 12,170,180 Excess(Deficiency)of Revenues and Other Sources over Expenditures and Other Uses (575,316) (1,198,868) 52.0% 623,552 193,223 421,561 Fund Balance 1,2011 2,476,294 2,290,459 108.1% 185,835 2,054,733 2,054,733 Fund Balance,Mar 31,2012 $ 1,900,978 $ 1,091,591 174.1% $ 809,387 $ 2,247,956 $ 2,476,294 Reconciliation of Fund Balance: Restricted and Committed Funds Unassigned Fund Balance $ 1,900,978 a wrrix r,.,wxym.m 16 vxsaorz City of Ashland Statement of Resources,Requirements,and Changes in Fund Balance March 31,3012 Fiscal Year 2012 Percent Fiscal Year 2011 Fiscal Year 2011 Year-To-Date Fiscal Year 2012 Collected) Year-To-Date EW4-Year Actuals Amended Expended Balance Acluals Acluals 691 Telecommunications Fund Charges for Services-Rates $ 1,505,008 $ 2,056,000 73.2% $ (550,992) $ 1,457,365 $ 1,944,756 - InterestonInvestments 1,225 5,000 24.5% (3,775) 2,403 2,348 Miscellaneous 1 2,500 0.0% (2,499) 9,770 12,481 _ Total Revenues and Other Sources 1,506,235 2,063,500 73.0% (557,265) 1,469,538 1,959,587 Personal Services 442,968 670,620 66.1% 227,652 475,941 629,561 Matenals B Services 615,193 856,959 71.8% 241,766 671,931 858,492 Capital Outlay 43,535 140,640 31.0% 97,105 184,510 206,933 Debt-Transfer to Debt Service Fund 409,000 409,000 100,0°/ - 700,000 700,000 Contingency 100,000 0.0% 100,000 Total Expenditures and Other Uses 1,510,696 2,177,219 69.4% 666,523 2,032,382 2,394,986 Excess(Deficiency)of Revenues and Other Sources over Expenditures and Other Uses (4,462) (113,719) 96.1% 109,257 (562,844) (435,399) Fund Balance 1,2011 517,916 453,183 114.3% 64,733 953,315 953,315 Fund Balance,Mar 31,2012 $ 513,455 $ 339,464 151.3% $ 173,991 $ 390,471 $ 517,916 Reconciliation of Fund Balance: Restricted and Committed Funds Unassigned Fund Balance $ 513,455 v,rmxr..a+xmx,m 17 .12 City of Ashland Statement of Resources, Requirements,and Changes in Fund Balance March 31,2012 Fiscal Year 2012 Percent Fiscal Year 2011 Fiscal Year 2011 Year-Tc-Date Fiscal Year 2012 Collected Year-To-Dale End-of-Year Acluals Amended Expended Balance Acluals Actuals 710 Central Service Fund Taxes $ 38,425 $ 42,000 91.5% $ (3,575) $ 36,140 $ 56,534 Intergovernmental - 2,820 0.0% (2,820) 2,820 2,820 Charges for Services-Internal 4,209,600 5,613,200 750% (1,403,600) 4,085,929 5,447,906 Charges for Services -Mist.Service Fees 108,035 81,000 133.4% 27,035 113,726 146,591 Interest on Investments 3,505 5,000 701% (1,495) 3,852 3,685 Miscellaneous 81,105 100,000 811% (18,895) 63,630 84,796 Total Revenues and Other Sources 4,440,670 5,844,020 76.0% (1,403,350) 4,306,097 5,742,332 Administration Department 912,927 1,364,801 66.9% 451,874 942,203 1,194,059 IT-Computer Services Division 843,240 1,188,042 71.0% 344,802 831,203 1,110,765 Administraive Services Department 1,304,251 1,736,601 75.1% 432,350 1,221,255 1,616,191 City Recorder Division 236,232 310,756 76.0% 74,524 221,930 300,356 Public Works-Administration and Engineering 1,039,809 1,390,453 74.8% 350,644 .942,444 1,296,235 Contingency 145,000 0.0% 145,000 - - Total Expenditures and Other Uses 4,336,459 6,135,653 70.7% 1,799,194 4,159,035 5,517,606 Excess(Deficiency)of Revenues and Other Sources over Expenditures and Other Uses 104,211 (291,633) 135.7% 395,844 147,062 224,726 Fund Balance,Jul 1,2011 491,546 301,659 162.9% 189,887 266,819 266,820 Fund Balance 31,2012 $ 595,757 $ 10,026 5942.1% $ 585,731 $ 413,881 $ 491,546 Reconciliation of Fund Balance: Restricted and Committed Funds Unassigned Fund Balance $ 595,757 ve m�z zrawimi 18 City of Ashland Statement of Resources, Requirements,and Changes in Fund Balance March 31,2012 Fiscal Year 2012 Percent Fiscal Year 2011 Fiscal Year 2011 Year-To-Date Fiscal Year 2012 Collected) Year-To-Date Endaf-Year Actuals Amended Expended Balance Actuals Actuals 720 Insurance Service Fund Charges for Services-Internal $ 547,191 $ 729,705 75.0% $ (182,514) $ 472,399 $ 635,747 Interest on Investments 3,340 9,200 36.3% (5,850) 5,959 5,770 Miscellaneous 8,210 30,000 27.4% (21,790) 21,967 21,992 Total Revenues and Other Sources 558,741 768,905 72.7% (210,164) 500,325 663,509 Personal Services 60,069 79,580 75.5% 19,511 57,622 77,134 Materials and Services 553,310 676,500 81.8% 123,190 448,458 620,542 Contingency 150,000 0.0% 150,000 - - TotalExpendituresandOtherUses 613,379 906,080 671% 292,701 506,080 697,676 Exoess(Deficiency)of Revenues and Other Sources over Expenditures and Other Uses (54,638) (137,175) 60.2% 82,537 (5,755) (34,167) Fund Balance 1,2011 605,943 783,477 77.3% (177,534) 640,110 640,110 Fund Balance,Mar 31,2012 $ 551,305 $ 646,302 85.3% $ (94,997) $ 634,355 $ 605,943 Reconciliation of Fund Balance: Restricted and Committed Funds 400,000 Unassigned Fund Balance $ 151,305 B.W fY1IFFSU'P�vltiv umoiz 19 City of Ashland Statement of Resources,Requirements,and Changes in Fund Balance March 31,2012 Fiscal Year 2012 Percent Fiscal Year 2011 Fiscal Year 2011 Year-To-Date Fiscal Year 2012 Collected) Year-Tc-Date End-of-Year Actuals Amended Expended Balance Actuals Actuals 730 Equipment Fund Intergovernmental $ - $ - NIA $ - $ - $ 26,264 Charges for Services-Internal 1,321,172 1,761,563 75.0% (440,391) 1,393,203 1,838,688 Charges for Services -Miss.Service Fees 78,281 50,000 156.6% 28,281 42,834 64,042 Interest on Investments 20,745 35,000 59.3% (14,255) 21,541 24,055 Miscellaneous 2,374 55,000 4.3% (52,626) 11,021 11,271 Other Financing Sources 408,000 408,000 100.0% 208,000 208,000 Total Revenues and Other Sources 1,830,573 2,309,563 79.3% (478,990) 1,676,599 2,172,320 Public Works-Maintenance 723,133 988,614 731% 265,481 721,586 983,346 Public Works-Purchasing and Acquisition 563,702 800,000 70.5% 236,298 400,328 540,310 Contingency - 47,000 0.0% 47,000 - 550,000 Total Expenditures and Other Uses 1,286,835 1,835,614 70.1% 548,779 1,121,914 2,073,656 Excess(Deficiency)of Revenues and Other Sources over Expenditures and Other Uses 543,738 473,949 114.7% 69,789 554,685 98,664 Fund Balance,Jul 1,2011 1,858,969 650,551 285.8% 1,208,418 1,760,305 1,760,305 Fund Balance,Mar 31,2012 $ 2,402,707 $ 1,124,500 213.7/ $ 1,278,207 $ 2,314,990 $ 1,858,969 Reconciliation of Fund Balance: Restricted and Committed Funds Unassigned Fund Balance $ 2,402,707 , 9.W FY13 Fnmti Pyalpp mvzoiz 20 City of Ashland Statement of Resources, Requirements,and Changes in Fund Balance March 31,2012 Fiscal Year 2012 Percent Fiscal Year 2011 Fiscal Year 2011 Year4c Date Fiscal Year 2012 Collected I Year-Tc Dale EnclgA-Year Actuals Amended Expended Balance Actuals Actuals 810 Cemetery Fund Charges for Services $ 24,574 $ 22,000 111.7% $ 2,574 $ 19,765 $ 23,305 Interest on Investments 2,806 20,000 14.0% (17,194) 5,464 5,298 Transfer(General Fund) 500 500 100.0% 500 500 Total Revenues and Other Sources 27,881 42,500 65.6% (14,619) 25,729 29,103 Transfers 3,568 20,000 17.8% 16,432 5,464 5,298 Total Fxpendilures and Other Uses 3,568 20,000 17.8% 16,432 5,461 5,298 Excess(Deficiency)of Revenues and Other Sources over Expenditures and Other Uses 24,312 22,500 108.1% 1,812 20,265 23,805 Fund Balande,Jul 1,2011 831,602 830,297 100.2% 1,305 807,797 807,797 Fund Balance,Mar 31,2012 $ 855,914 $ 852,797 100.4% $ 3,117 $ 828,062 $ 831,602 Reconciliation of Fund Balance: Restricted and Committed Funds 855,915 Unassigned Fund Balance $ (0) f s u.112n.eiagortm 21 .11 City of Ashland Statement of Resources,Requirements,and Changes in Fund Balance March 31,2012 Fiscal Year 2012 Percent Fiscal Year 2011 Fiscal Year 2011 Year-TO-Dale Fiscal Year 2012 Collected/ Year-To-Date Enc!4-Year Acluals Amended Expended Balance Acluals Actuals 211 Parks and Recreation Fund Taxes $ 4,078,732 $ 4,263,200 95.7% $ (184,468) $ 3,898,063 $ 4,192,178 Intergovernmental - 15,000 0.0% (15,00(3) 14,623 21,139 Charges for Services 635,088 827,000 76.8% (191,912) 595,466 879,023 Interest on Investments 10,040 20,000 50.2% (9,960) 14,969 14,441 Miscellaneous 16,678 22,500 74.1% (5,822) 15,073 47,888 Total Revenues and Other Sources 4,740,537 5,147,700 92.1% (407,163) 4,538,194 5,154,669 Packs Division 2,550,563 3,500,240 72.9% 949,677 2,324,954 3,372,135 Recreation Division 751,012 1,103,040 68.1% 352,028 795,014 1,050,140 Golf Division 286,545 432,890 66.2% 146,345 228,663 306,146 Other Financing Uses-Transfers 349,000 349,000 100.0% - - - Contingency 50,000 0.0% 50,000 - - TotalExpendituresandOlherUses 3,937,121 5,435,170 72.4% 1,498,049 3,348,631 4,728,421 Excess(Deficiency)of Revenues and Other Sources over Expenditures and Other Uses 803,417 (287,470) 379.5% 1,090,887 1,189,563 426,248 Fund Balance 1,2011 2,214,031 1,991,310 111.2% 222,721 1,787,781 1,787,781 Fund Balance,Mar 31,2012 $ 3,017,448 $ 1,703,840 177.1% $ 1,313,608 $ 2,977,344 $ 2,214,031 Reconciliation of fund Balance: Restricted and Committed Funds Unassigned Fund Balance - $ 3,017,448 I 4 W R12F.d Rmem .12 22 City of Ashland Statement of Resources,Requirements,and Changes in Fund Balance March 31,2012 Fiscal Year 2012 Percent Fiscal Year 2011 Fiscal Year 2011 Year-To-Date Fiscal Year 2012 Collected Year-TO-Date End-of-Year Actuals Amended Expended Balance Actuals Actuals 221 You0t Activities Levy Fund Taxes $ 10,989 $ 20,000 54.9% $ (9,011) $ 13,029 $ 18,141 Total Revenues and Other Sources 10,989 20,000 54.9% (9,011) 13,029 18,141 Materials and Services 20,000 0.0% 20,000 27,138 30,776 Total Expenditures and Other Uses - 20,000 0.0% 20,000 27,138 30,776 Excess(Ceficiency)of Revenues and Other Sources over Expenditures and Other Uses 10,989 - 0.0% 10,989 (14,109) (12,635) Fund Balance,Jul 1,2011 9,899 0.0% (9,899) 22,534 22,534 Fund Balance 31,2012 $ 20,888 $ 0.0% $ 1,090 $ 8,425 $ 9,899 Reconciliation of Fund Balance: Restricted and Committed Funds 20,888 Unassigned Fund Balance $ B.W H12 FEW Ryv ..12 23 City of Ashland Statement of Resources,Requirements,and Changes in Fund Balance March 31,2012 i Fiscal Year 2012 Percent Fiscal Year 2011 Fiscal Year 2011 Year-To-Date Fiscal Year 2012 Collected) Year-TO-Date Endof-Year Acluals Amended Expended Balance Acluals Actuals 411 Parks Capital Improvement Fund Charges for Services $ - $ 33,000 0.0% $ (33,000) $ - $ 222,335 Interest on Investments 1,836 2,000 91.8% (164) 1,697 1,655 Miscellaneous NIA Total Revenues and Other Sources 1,836 35,000 5.2% (33,164) 1,697 223,990 Capital Outlay 68,296 70,000 97.6% 1,704 43,987 43,987 Total Expenditures and Other Uses 68,296 70,000 97.6% 1,704 43,987 43,987 Excess(DeBCiency)of Revenues and Other Sources over Expenditures and Other Uses (66,460) (35,000) -89.9% (31,460) (42,290) 180,003 Fund Balance 1,2011 432,866 228,504 189.4% 214,362 252,864 252,864 Fund Balance,Mar 31,2012 $ 366,406 $ 193,504 189.4% $ 172,902 $ 210,574 $ 432,866 Reconciliation of Fund Balance: Restricted and Committed Funds 265,000 Unassigned Fund Balance $ 101,406 4.4a FY12 F-W R�. ..12 24 CITY OF ASHLAND Council Communication May 1 , 2012 Business Meeting Energy Efficiency Incentive Program Allocation — SOU Housing and Dining Project FROM: Lee Tuneberg, Administrative Services Director, tuneberl @ashland.or.us SUMMARY Southern Oregon University has requested qualifying energy efficiency incentives for the new student housing and dining facilities that are beyond the typical scale of the City's energy efficiency program annual allocation. This necessitates a funding strategy different from that normally used for Bonneville Power Administration(BPA) energy efficiency incentives administered through the Conservation Division budget. BACKGROUND AND POLICY IMPLICATIONS: General Program Background The Conservation Division operates a variety of energy efficiency programs available to residential, commercial and institutional customers of the City of Ashland Electric Utility. The majority of the energy efficiency incentives are in the form of small to mid-sized rebates for qualifying equipment and fixture installations, such as appliances, lighting and heating/AC systems that exceed standard Oregon Building Code requirements and qualify through BPA as a deemed measure. This means that BPA has ' certified through research and testing that a specified kilowatt hour savings will be achieved with the installation of the qualifying equipment/fixtures compared to current Code standards. Funding for these incentives come from a bi-annual allocation from BPA, called an Energy Efficiency Implementation (EEI). The funding for this upcoming federal fiscal year(Oct 2012-Sept 2013) is approximately $170,000 and is expected to remain fairly consistent in future years, although the actual bi-annual rate period allocation has not yet been announced by BPA. In previous years, the Conservation Division has consistently utilized all of the EEI allocation each year and often has been able to achieve additional conservation efforts with supplemental allocation from BPA. Project Background The large scale energy efficiency measures proposed by SOU, and verified by BPA and City Conservation Staff for heating and air conditioning of the 700 unit dorm buildings and dining facilities has been projected to save 637,454 kWh of electricity annually compared to a standard Code compliant system. The associated incentive rebate payment for that level of energy savings is projected to be approximately $160,000. The actual amounts of the energy savings and reimbursement amount will be Page 1 of 4 CITY OF -ASHLAND determined after the equipment is installed and energy savings are calculated, measured and verified according to BPA approved protocols. In addition to the heating and conditioning equipment, several other qualifying incentives are available for high performance energy star lighting and commercial kitchen equipment upgrades, with anticipated energy savings of 60,000-80,000 kWh annually and incentive reimbursements totaling roughly an additional $20,000. Conservation Staff has been working with SOU project engineers and BPA technical staff throughout the plan development process and this resulting project proposal offers a window of opportunity to implement cost effective energy efficiency measures that are only available during initial construction. Policy Implications Associated with the construction of the new housing and dining facility is the removal of the old dorms and Cascade Dining Hall located near Indiana and Oregon Street at the southeast corner of the campus. Because the old dorms were heated with steam and did not have air conditioning, the new housing and dining facility does represent a significant electrical load increase. All efficiency savings achieved through the proposed measures assists in offsetting the increased load and beneficially contributes towards meeting the Council goal of using conservation and local renewable sources to meet Tier 2 power demands. FISCAL IMPLICATIONS: This window of opportunity also provides a challenge to maintain the City's commitment to existing and available program offerings to all of its customers as the SOU proposal would utilize virtually one hundred percent of the incentive allocation for the entire 2013-14 fiscal year leaving significant BPA funding shortfalls for the small to mid size projects that are the mainstays of the overall energy efficiency program. The project is scheduled to be completed in the fall of 2013, with efficiency verification and testing occurring four to six months after occupancy of the buildings. "Upon final equipment verification, the final reimbursement amount will be calculated and due to SOU, likely totaling $160,000. The smaller lighting and commercial kitchen payments will be tested and verified upon initial installation and reimbursements will occur prior to or at initial occupancy of the buildings, but likely to also occur in the 2013-14 fiscal year. BPA anticipates that its partner utilities will occasionally have larger"one-time"projects that significantly affect annual efficiency program operations and has made available a"Large Project Fund". This fund allows utilities to pay the efficiency incentive and use future year BPA allocations to pay it back, in effect creating a payment plan using future allocations of up to five years. Unfortunately, while the proposed SOU project is large in Ashland terms, it does not meet the qualifying requirements to be eligible for the BPA Large Project Fund so that funding option is not available. Page 2 of 4 CITY OF -ASH LAN D Several options are available to address this issue, with solutions dependent on the preferred funding source, the level of impacts to other energy efficiency programs and the desired duration of the financial impact Staff has identified the following potential funding options to address the 2013-14 fiscal year impacts associated with these qualifying energy efficiency measures: 1) Utilize the entire BPA EEI allocation for FY 2013-14 for the SOU project incentive payment This option would require the suspension of all other BPA related energy efficiency programs for FY 2013-14, including commercial lighting, residential and commercial appliance rebates and residential high efficiency heating and air systems. Because the project is defined as a custom project, the Conservation Division would not receive the typical administrative fees, called performance payments, if BPA EEI allocations were used. 2) Utilize FY 2013-14 Electric Fund resources instead of BPA EEI allocation for the SOU project incentive payment This option, termed"self funding" by BPA, would preserve funding for all current BPA related energy efficiency programs providing the ability to continue to offer energy efficiency programs to all electric utility customers, while also capturing the energy efficiency savings of the SOU housing and dining project. However, this option would also have the potential to impact future electric rates, but energy efficiency savings may offset rate impacts with avoidance of Tier 2 wholesale power purchase rates. 3) Utilize FY 2013-14 Electric Fund resources instead of BPA EEI allocation for the incentive payment and "payback" the Electric Fund over 3-5 years with reduced "self funding" in the Conservation Division budget. This option would provide a reduced level of funding for non BPA energy efficiency programs operated by the Conservation Division, including solar system incentives and conservation loans for high efficiency heating and air systems, but would provide Staff with the ability to manage program offerings and participation levels to mitigate the annual impacts and ensure that all electric utility customers have some level of energy efficiency opportunity available. This option would have no impact on the use and availability of annual BPA EEI allocations and would not directly affect future electric rates. Additionally, by self funding the SOU proposal that is not eligible for the administrative performance payment to the City, the use of BPA EEI allocation for our standard programs will maximize the ability to receive the full performance payments for that work. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends option #2 of utilizing Electric Fund resources to "self fund" the project, which captures the over 700,000 kWh annual savings, mitigating the project's future impact on the Electric Utility's Tier 2 exposure and maintains the ability of the Conservation Division to utilize the annual BPA EEI allocation to continue to pursue and achieve energy efficiency savings with all of the Electric Utility's customers. By self-funding the SOU proposal and utilizing the annual BPA EEI allocation for Page 3 of 4 116141AL CITY OF ASHLAND the standard energy efficiency programs offered, administrative performance payments will continue to be paid for the deemed measures completed throughout the year. Options #1 and#3 both have the effect of reducing future energy efficiency opportunities and negatively impact the ability to avoid or mitigate the Electric Utility's exposure to Tier 2 wholesale power purchase rates due to direct reductions in energy efficiency funding in the Conservation Division. SUGGESTED MOTION: I move that Council accepts and approves the staff recommendation to utilize FY 2013-14 Electric Fund resources to "self fund" the SOU Housing and Dining energy efficiency project proposal and retain annual BPA EEI allocations for existing energy efficiency program offerings. ATTACHMENTS: N/A Page 4 of 4 CITY OF ASHLAND Council Communication May 1 , 2012 Business Meeting Second reading of an ordinance adding new sections to the Definitions Chapter 18.08 and amending the Site Design and Use Standards' Historic District Design Standards and Downtown Design Standards for greater clarity and consistency with the Secretary of the Interior's Standards for Rehabilitation. FROM: Derek Severson, Associate Planner, derek.severson @ashland.or.us SUMMARY The ordinance being presented to the City Council for Second Reading includes the addition of new sections 18.08.622 "Rehabilitation" and 18.08.636 "Restoration"to the Definitions Chapter (AMC 18.08) of the Ashland Land Use Ordinance, and amendments to the Historic District Design Standards and Downtown Design Standards of the Site Design and Use Standards for greater clarity and consistency with the Secretary of the Interior's Standards for Rehabilitation. BACKGROUND AND POLICY IMPLICATIONS: The City Council held a public hearing on April 3, 2012 and passed first reading of the ordinance. A draft of the proposed revisions was previously presented to Council on August 2, 2011 at which time staff was directed to bring the revisions back for adoption. The revisions in ordinance form were reviewed by the Historic Commission and Planning Commission at their March 2012 meetings, and both bodies unanimously recommended approval and adoption by Council. The adopted minutes of these meetings are attached,along with the signed findings reflecting the Planning Commission's recommendations. The "Ashland Preservation Plan 2009-2018" was developed using Certified Local Government (CLG) grant funds in 2008. This plan set forth a number of goals to further historic preservation planning in Ashland, including a goal identifying the, "Need to Revise and Expand Existing Residential Standards."To move this goal forward, in 2010 the City received and the Council accepted a grant to evaluate and revise Ashland's Historic District Design Standards to bring them more into line with the Secretary of the Interior's Standards for Rehabilitation while also providing for greater internal consistency within our own Site Design and Use Standards. The project was not envisioned to be a substantial modification of the existing standards but rather a fine-tuning of standards that have served the city well since their adoption in 1985. The consultant team of J. Todd Scott, a preservation architect, and Julie Koler, an architectural historian, worked with staff and the Historic and Planning Commissions over six months in 2011 to craft the revisions to the standards. The changes proposed are primarily to "Section IV: Historic District Development" of the Site Design and Use Standards (fully detailed in the Ordinance's Exhibit A, attached), with limited changes to "Section VI: Downtown Ashland" of the Site Design and Use Page I of 2 CITY OF ASHLAND Standards (fully detailed in the Ordinance's attached Exhibit B), and the addition of definitions for "rehabilitation" and "restoration" in the Land Use Ordinance's Definitions Chapter 18.08. In addition, five "Historic Building Briefs" addressing living with historic buildings, windows, exterior materials, additions and garages & outbuildings were developed to provide issue-specific supplementary educational hand-outs in support of the revised standards. FISCAL IMPLICATIONS: N/A. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that Council approve second reading of the ordinance. SUGGESTED MOTION: Move to approve second reading and adopt the ordinance titled. "An Ordinance Adding New Sections 18.08.622 and 18.08.636 to the Definitions Chapter(18.08) of the Ashland Land Use Ordinance and Amending the Historic District Design Standards and Downtown Design Standards of the Site Design and Use Standards for Greater Clarity and Consistency with the Secretary of the Interior's Standards for Rehabilitation." ATTACHMENTS: Proposed Ordinance Exhibit A —Ordinance's Proposed Changes to the Site Design & Use Standards Exhibit B — Ordinance's Proposed Changes to the Downtown Design Standards Revised Exhibit H —ADOPTED Historic Commission Minutes of March 7, 2012 Revised Exhibit I—ADOPTED Planning Commission Minutes of March 13, 2012 Exhibit K— Planning Commission's signed findings dated April 10, 2012 NOTE: The April 3, 2012 Council packet contains the following materials presented at First Reading: Proposed Ordinance Exhibit A —Ordinance's Proposed Changes to the Historic Design Standards Exhibit B —Ordinance's Proposed Changes to the Downtown:Design Standards Exhibit C — Matrix of the Proposed Changes ` Exhibit D—Map of Ashland"s Four National Register-Listed Historic Districts Exhibit E — Secretary of the Interior's Standards for Rehabilitation Exhibit F— Proposed Building Briefs Exhibit G — Planning Action #2011-01523 Staff Report date March 13, 2012 Exhibit H — DRAFT Historic Commission Minutes of March 7, 2012 Exhibit I— DRAFT Planning Commission Minutes of March 13, 2012 Exhibit J — Existing Historic District Design Standards Page 2 of 2 ORDINANCE NO. AN ORDINANCE ADDING NEW SECTIONS 18.08.622 AND 18.08.636 TO THE DEFINITIONS CHAPTER (18.08) OF THE ASHLAND LAND USE ORDINANCE AND AMENDING THE HISTORIC DISTRICT DESIGN STANDARDS AND DOWNTOWN DESIGN STANDARDS OF THE SITE DESIGN AND USE STANDARDS FOR GREATER CLARITY AND CONSISTENCY WITH THE SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION. Annotated to show deletions and additions to the code sections being modified. Deletions are bold and additions are in bold underline. WHEREAS, Article 2. Section I of the Ashland City Charter provides: Powers of the Citv The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the City of Ashland Comprehensive Plan includes policy 1.31.7 which states that, "The City shall develop and implement through law design guidelines for new development as well as for alteration of existing structures within the historic interest areas for structures and areas that are historically significant." WHEREAS, the City of Ashland adopted the Historic District Development standards as additional approval standards for Site Design Review in 1985. WHEREAS, the City of Ashland created the "Ashland Preservation Plan 2009-2018" which sets forth a number of goals and implementation measures to further historic preservation planning in Ashland including a goal to revise the existing standards, noting that in some cases they conflict with or contradict the Secretary of the Interior's Standards for Rehabilitation or with the Downtown Ashland development standards; WHEREAS, the City of Ashland received a Certified Local Government Grant for the purpose of evaluating, revising and expanding Ashland's Historic District Design Standards in order to bring these standards more into line with the Secretary of the Interior's Standards for Rehabilitation, the national standards for historic preservation, while also providing for greater internal consistency within the City of Ashland's Site Design and Use Standards; WHEREAS, the City of Ashland Historic Commission considered appropriate amendments to the Ashland Municipal Code, Land Use Ordinances and Site Design and Use Standards at a duly Page ] of 3 advertised public hearing on March 7, 2012, and following deliberations recommended approval of the amendments; WHEREAS, the City of Ashland Planning Commission considered appropriate amendments to the Ashland Municipal Code, Land Use Ordinances and Site Design and Use Standards at a duly advertised public hearing on March 13, 2012, and following deliberations recommended approval of the amendments; WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the amendments to the Ashland Municipal Code, Land Use Ordinances and Site Design and Use Standards on April 3, 2012; WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Municipal Code and Land Use Ordinance in manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The above recitations are true and correct and are incorporated herein by this reference. SECTION 2. The following new sections are hereby added to AMC Chapter 18.08 [Definitions]: SECTION 18.08.622 Rehabilitation The act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values. SECTION 18.08.636 Restoration The act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a restoration project. Page 2 of 3 SECTION 3. The Site Design and Use Standards [Section IV Historic District Development] is hereby amended as detailed in the attached Exhibit A. SECTION 4.The Site Design and Use Standards [Section VI Downtown Ashland] is hereby amended as detailed in the attached Exhibit B. SECTION 5. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 6. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section', or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions, and text descriptions of amendments (i.e. Sections 1, 3-4) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the 3`a day of April , 2012, and duly PASSED and ADOPTED this 1 s` day of May 2012. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of , 2012. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 3 of 3 Exhibit A—Proposed Changes to Historic District Design Standards SECTION IV Historic District Development A. Development in Ashland's Historic District Ashland's Historic District is very important to all of the City's residents. Not only does this area contain the City's beginnings, but it is also the area of some of the most prominent landmarks in Ashland, e*Gktdiag-including the Plaza, East Main Street commercial area, Lithia Park,and many important residential districts.For the most part,the main architectural themes have already been laid down, and must be considered in the design of any new structures or renovation of existing structures. This does not mean that all new structures must be a lavish imitation of an architectural style whose heyday is past, but sensitivity to surrounding buildings and the existing land use patterns is essential to the successful development. While it is critical that buildings be made habitable and safe, it is equally imperative that the architectural character of a building be respected in the process of structural improvements. Unfortunately, this has not always been done in Ashland. The architectural merit of a building has too often been sacrificed for a more contemporary design. For this purpose,the following standards were conceived as a guide to design decisions in the hope that the architectural integrity of Ashland's homes and commercial buildings will no longer be unnecessarily lost. It is suggested that you think of your building as a whole—a single unit with no removable parts. Every change that you make can chip away at the integrity of the whole, like surgery. Efforts to personalize and update the building will leave you with an assortment of miscellaneous parts that bear no relation to each other, or to the original design.Wrought iron columns, asbestos shingles and aluminum frame windows have only one thing in common—the local hardware store.Older buildings in Ashland were built one at a time and such added options can obscure their individuality. Restoration,Rehabilitation and Remodeling Because there is so much activity these days in the improvement of older housing, new terminology has been introduced. The difference between "fesert7egrestorina "rehabilitating",and"remodeling"may seem academic,but each results in a major difference in the way the job or project may turn out. To"restore"is to return a building to its original condition as if it were a precious museum piece. This technique it typically used for structures of particular significance, such as historic landmarks where accuracy will serve an educational purpose as well as a visual one. Restoration is the most painstaking improvement process and usually the most expensive because it requires technical skill and historical precision for successful results. It can involve the removal of extraneous elements as well as the recreation of original features which may have become deteriorated or been destroyed. A fine example of a restoration project in Ashland is the Swedenberg home found on Siskiyou Boulevard. Great care has been taken to assure that the architectural integrity of the building exterior is practically identical to that when it was built in the early 1900s. Restoration is also defined in Ashland Municipal Code Section 18.08 Exhibit A Page 1 of 15 Exhibit A-Proposed Changes to Historic District Design Standards _ Remodeling a building is normally at the opposite end of the improvement spectrum from restoration. Unless it is done with sensitivity, to remodel a building is to redesign it so that the generic features are obliterated and the basic character destroyed in the name of modernization.A remodeling job is to often considered a success if the original structure is unrecognizable in the end result. Remodeling is appropriate only usedfor buildings which are not historic and have fallen into a state of disrepair due to vacancy or vandalism. Remodeling can also be a proper course of action when a non-historic structure undergoes a change in use, say from a single-family residence to commercial office space. Unfortunately, it is quite common for a.house to be remodeled and totally divested of its valuable characteristics when conditions do not require such radical treatment. Hence, the expression "remodel" can have bad connotations. To many people H,suggests a waste of valuable resources. It is possible, however, to remodel with sensitivity, especially with the help of a talented architect. To "rehabilitate" is to take corrective measures which will make a structure livable again. Some aspects of rehabilitation entail renovation and the introduction of new elements. Fefe exampleFor example, it is likely that eutmede4-inadequate electrical circuits would be required to be brought up to code to ensure safety and to provide adequate service for today's modern appliances. When rehabilitating a building, it is essential to protect those portions or features which convey its historical. cultural and architectural characlerthe These are the very features through which the visual integrity and the economic value of the building are preserved.Modern elements shall only be introduced when absolutely necessary,and in a manner which is sympathetic to the original design.An excellent example of a successful rehabilitation is the Ashland Community Center on Winburn Way. Rehabilitation is also defined in Ashland Municipal Code Section 18.108. The rewards of sensitive home improvements are many. First there is the satisfaction of knowing you have done the job right. Second,there is the gratification from compliments of other people who appreciate what you have done.Third,there is the pleasure of living in an attractive, comfortable and historically preserved home.While these benefits are difficult to measure, such restoration or rehabilitation can result in significant economic benefits. A perceptive combination of restoration and remodeling will actually contribute to the resale value of your home.Finally,a good rehabilitation project can be surprisingly influential on an entire neighborhood. The City of Ashland has adopted ordinances to assure that all development, including development in the Historic District, remains compatible with the existing integrity of the district. In new construction of a single-family residence, the Historic Commission will use these standards to make recommendations to the applicant. If an applicant requires a Staff Permit, Site Review, or a Conditional Use Permit which involves new construction, a remodel, or any use greater than a single-family use, the authority exists in the law for the Staff Advisor and the Planning Commission to require modifications in the design to match these standards. In this case the Historic Commission advises both the applicant and the Staff Advisor or other City decision maker. Exhibit A Page 2 of 15 F,xhibit A—Proposed Changes to I Iistoric District Design Standards B. Rehabilitation and-Rernedet-Standards for Existing Buildings and Additions The purpose of the following standards is to prevent incompatible - Fomvtted:msMed treatment of F fted;Fom:(Default)MWI,11 pt buildings in historic districts and to ensure that new additions and materials maintain the historic and architectural character of the district. These standards apply primarily to i Formatted:Font:(Default)Mal,11W residential historic districts, residential buildings in the Downtown Historic District, and National Register-listed historic buildings not located within historic districts. i t Fwmattee:rant:(Default)nnai,11 pt IV-13-33 Be SUFO the ADModeled portion has aideFiGF wall fin nh that mmtnhAA the .Replacement finishes on exterior walls of historic buildings shall match the orioinal finish. Exterior finishes on new additions to historic buildings shall be compatible with, but not replicate. the finish of the historic building. IV-B-27 Design window additions aFe Is dUpliGate existing GF GFkjif4W windows-Replacement windows in historic buildings shall match the original windows. Windows in new additions shall be compatible in proportion,shape and size,but not replicate original windows in the historic building. IV-B-" Reconstructed roofs on historic buildings shall match the pitch and form of the original roof. Roofs on new 8esign-the-reet-en-additions ec-rernedels-te pave-the-same-shall match the pitch and form of the historic building.ea-the and shall be attached at a different height so ' the addition can be clearly differentiated from the historic building. .Ewtend had roofs are acceptable for one-story rear additions. IV-13-410 . New porches or entries shall be compatible with, but not replicate,the historic character of the building. IV-13-5 Met& the --l-, Af any additGAS to the soleFe used an the eusling ' exterier.Exterior wall colors on new additions shall match those of the historic building. - IV-13-62 TFY is rehab Mate and F96tOFS 06 MORY fOStUFSS as pose ble.Original architectural features shall be restored as much as possible, when those features can be documented. Exhibit A Page 3 of 15 Exhibit A—Proposed Changes to IIistoric District Design Standards IV-8-79 Asphalt or Sawn ShiAgle OAGI, fQF SGGAGFRY omposition shingle roofs are preferred. Asphalt shingles which match the original roof material in existing color and texture are acceptable. Wood sShake wood—shingles, tile and metal roofs shall be avoided IV-B-84 Diagonal and vertical siding shall be avoided on new additions or on historic buildings except in those instances where it was used as the original siding. IV-B-66 Imitative materials including but not limited to sash-asasphalt siding, wood - textured aluminum_siding eland artificial stone_ are not oempat4leshall be avoided IV-B-4011 An New detached l in s shall be compatible with the existing associated historic building and shall conform to the above standards. IV-S-14 aveidedHistoric architectural styles and associated features shall not be replicated in new additions or associated buildings. lWBA2 The latest version of the Secretary of the Interiors Standards for Fom tted:Font:(Defauft)arias,tt pc Rehabilitation and Guidelines for Rehabilitating Historic Buildings shall be used in clarifying and determining whether the above standards are met. Formatted:Tab stops: 5.05-,Left • Exhibit A Page 4 of 15 Exhibit A-Proposed Changes to Historic District Design Standards C. Historic District Design Standards In addition to the standards found in Section II "Approval Standards and Policies",the following additional standards will be used by the Planning and Historic Commissions for new develepment-construction, restoration and rehabilitation mien of existing skaeNxee buildings within the Historic District. For projects located at the boundary between zoning i l rotted:rove rr pt districts or overlays, appropriate adiustments to building form. massing, height, scale, placement or architectural and material treatment may be considered to address compatibility with the transitional area while not losino sight of the underlying standards or reouirements applicable to the subject property. IV-C-1 Height RECOMMENDED AVOID \\�v J �j Y00 Q 00? Y00 0Y c Construct new buildings to a height within Avoid-Npwconstruction that @Featly — ropp>,ttes:Left the range of existinghistoric building significantly varies in height(too high f �:UR heights a n and, or too low)from eldeFhis buildings across the street. in the vicinity. Exhibit A Page 5 of 15 Exhibit A—Proposed Changes to Historic District Design Standards IV-C-2 Scale RECOMMENDED AVOID ° B e u o gi Fq EDTICD e B p e a e Relate the size and PFBPGAie�H eight,width Ave id-build ings-thaWi Hheight,width, romuam:ten,No ,Space Before: °pt, and massing of new sisasturesbuildinas to or massing existing of new Don't keep next,DmI keep 1" togne conform with ihe-seale-ef-adjae hlistoric buildings that is out of-scale et-with For�atcea:t ,Nore,space Befm: s pt, buildings in the immediate vicinity. historic buildings in the areavicinily. =t keep Ott,orxt.Don't keep nom togemer Exhibit A Page 6 of 15 Exhibit A—Proposed Changes to Historic District Design Standards IV-C-3 Massing RECOMMENDED AVOID m a n a ® mu J168 e all Aveid sSingle,monolithic forms that ft.t :tart,Noee,spaee Before: o pt, awaflef§mall,varied masses whisp-are are not relieved by variations in •� Do^t keep with nW,Don't keep lines tagetha ewfoon-ea-mast-consistent with historic massing. w�m.tem:ten,None,space Before: B M buildings(FeFn the h stGAGpeFiedIn the Don't keep with next Don't keep lines togeAhe+ immediate vicinity. Exhibit A Page 7 of 15 Exhibit A—Proposed Changes to Historic District Design Standards IV-C-4 Setback RECOMMENDED AVOID � 8 � a e Fomwtted:Left,None,Space Before: 0 M �Ffront walls of new Don't keep with next,Donl keep lMe together buildings are in the same plane as the Ffront walls that are constructed Format :Left,Nom,Space Before: 0 M facades of adjacent historic buildings. forward of or behind setback line of Don'[keep with next,Don't keep lines together acracen the-historic fagade haeb it in s. , Exhibit A Page 8 of 15 Exhibit A—Proposed Changes to Historic District Design Standards IV-CS Root-Shams RECOMMENDED AVOID 8 e a B a 8 a Ali —` a Relate the-newiRoof shape.Pitches and A FAW Rtredusinl}Rwof shapes, Fo tlm:Lett,None,span Before: o K materials consistent with historic femwef-the pitches,or materials not traditieRally �l keep" nex��'t keep h�Wgethe< buildings in these deuRd-in the historically used in the area imme iate M. teed:left,No ,space Beore: o M 8reaimmediate vicinity. vicinity. Don't keep Wth ne ,Don't keep lines togetlier Exhibit A Page 9 of 15 Exhibit A—Proposed Changes to Historic District Design Standards IV-C-6 Rhythm of Openings RECOMMENDED AVOID B /-KD 6 B 8 � 8 8 li 8 8 � B Pattern or rhythm of wall to door/window ft ttd:Left,Now,Space Before: o pt. openings on fagadeA-patterns or tpet-upset-fhe •� p 't keep wiN r ,D t keep fly tlgMer he rhythm of window/door openings that is ft.ftd:Left,None,Space Before: 0 pt, p ri mary fayade or other visually Prominent inconsistent with Bile er elevation is maintained.Also-sensider 6urreundiAgstraeEaresadiacent historic theMaintain compatible-width-to-height ratio buildings. of bays in the fayade. Exhibit A Paee 10 of 15 Exhibit A—Proposed Changes to Historic District Design Standards IV-C-7 Base or PlaHorms RECOMMENDED AVOID J The-use-Of A FA Sed A clearly defined base. Ave id-4riagiag the-Wwalls that appear romutcea:Lett,None,span Berm: o M o�lafform biting to rise ef-4uklings-straight out of the pVt keep Ith pert,CoA keep lines together characteristic of ground without a distinct sense-of corm :Left,None,Sp Berm vi-Ashlandhistoric buildings in the immediate platform or base at the around level. Dml kftro Wth nr t,Done keep im eoyema vicinity. Exhibit A Page 11 of 15 Exhibit A—Proposed Changes to Historic District Design Standards IV-C-8 Form RECOMMENDED AVOID vw Form Relate-the-venicaV horizontal Form that varies from that of existing Forma teE:Left,None,spare Before: o pt, emohasis of building)that is consistent with adjacent historic buildings. Ave id - oon'r keep wan next,Done keep Ikcs together that of adjacent historic OFReadirestieaal Format :left,Nate,Space Beore: 0 pt, Don't keep wah next,Wn't keep Ilnas together buildings. SIFUrAUF86 n the immed ate Ms. Exhibit A Page 12 of 15 Exhibit A—Proposed Changes to Historic District Design Standards IV-C-9 Sense-efEntrancesM RECOMMENDED AVOID OD 8 B 8 � i f8�0 Agisulate-themain-Well-defined Primary Avoid-Fiasades with ne-s7rengWas Fomutted:Left,None,Space eNOre: opt' entrances with covered of-minimally defined primary Dpn't keep with next,Donn keep Ines together porches,porticos,and other pronounced entryances. Furmattetl:ten,None,space MOM: o M architectural fem .features compatible but o°n't keep with next•Don't keep iIms togeha not imitative of historic counteroarts. Exhibit A Page 13 of 15 Exhibit A—Proposed Changes to Historic District Design Standards . IV-C-10 Imitation of Historic Features RECOMMENDED AVOID � AIL RECOMMENDED AVOID ® Y AM AJW. L44ize aAccurate restoration ot_opvtsuaHy Aveid-Rreplicating or imitating the Mo tted:left,None,space Berm: o M riainal styles,motifs,or details of elder Don't keep"nn nex,Don't keep fines tayethc architectural features on historic-buildings. ft , tten:tert,None,spxe Before: D pt, FecNaew construction,including additions. Don't keep wan ne ,Don't keep roes loge ne that is clearly contemporary in design which enhances but does not compete visually sharaster efthe istoric_at areabuildings. GharaGter-ekhe-with adiacent historic dtshis4 aheslcl4e-ssedbuild inps. Exhibit A Page 14 of 15 Exhibit A—Proposed Changes to Historic District Design Standards IV-C-11 Additions RECOMMENDED AVOID 0� Additions that are visually unobtrusive from a Additions on the Primary facade or any C FomrattBd:Farr 11 a Public naht-of-way.and do not obscure or elevation that is visually orominent Formatted:Font:11 pt eliminate character defining features of from a Public right-of-way.and historic buildings. additions that obscure or deslrov character defining features. • IV-C-12 Garage Placement RECOMMENDED AVOID Fomotted:Font:(Defmft)Mlal,Il a (uI� 0o Garage placed behind the primary historic Garage placed beside or in front of the romwtted:Font mwr:naro building with access from a side street or primary historic building. alley if available. Exhibit A Page 15 of 15 Exhibit B—Proposed Changes to Downtown Design Standards, Formatted:Font 1 pp way. It is not the intent of the Design Standards to freeze time and halt progress or restrict an Formatted:Height: 14" individual property owner's creativity, but rather to guide new and remodeled proposals to be in context with their historic surroundings. Personal choice should be and can be expressed within the framework of the standards. While many communities across America are attempting to "create" or "recreate" an urban downtown of their own, the Downtown Design Standards are an attempt to preserve what Ashland already has; a "main street' historical district with diverse individual buildings that collectively create an organized, coordinated and ageless rhythm of buildings. As a collective group, the downtown can retain its "sense of place", its economic base, its history and its citizen's vision. Under the procedures of the City's Site Design and Review Process, the applicant must demonstrate the proposal meets all of the design standards in order for the decision making body to approve the proposal. As such, the standards should help increase objectivity and reduce subjectivity. For proiects subject to both Section IV "Historic District Development* and Section VI "Downtown Ashland". Section VI shall prevail,with Section IV supplementing where possible to improve overall project design and compatibility. For proiects located at the boundary between zoning districts or overlays, appropriate adjustments to building forth, massing, height, scale, placement or architectural and material treatment may be considered to address compatibility within the transitional area while not losing sight of the underlying standards and requirements applicable to the subiect property. �— Formatted:dusuw The following criteria are adopted with this plan and shall be used as part of the land use approval process: VI-A Height 1. Building height shall vary from adjacent buildings, using either"stepped"parapets or slightly dissimilar overall height to maintain the traditional "staggered" streetscape appearance.An exception to this standard would be buildings that have a distinctive vertical division/fayade treatment that"visually"separates it from adjacent buildings, or for restoration of historic facades.(Illustration: Recommend 1,5&10;Avoid 3) 2. Multi-story development is encouraged in the downtown. (Illustration: Recommend 1,5,6&10). " d..t c parapet m�Ple Formatted:Font:(Dehult)Anal,11 pt aryhtty I ouAaK dieNntilar � de4ds Md rrof i wept M1dgFt r^ L. om-�] clear liewrdwiebn rc5ldmiAal .)[at of ground level floor or commercul upper floor sn=bore fiat flop F.t E1 Q avml,ys brut at i pmetero .M.. wed door ohandc arc tranopa2nt of material_ (glaod) It b=ee ILLUST6 WN I RECOMMENDED i Formatted:Font:10 pt Formatted:Font:10 pt Formatted:Ford:10 pt Exhibit B Page I of 1 !� CITY Of REVISED Exhibit H—ADOPTED Historic Commission Minutes(See Item C, Old Business) ASHLAND ASHLAND HISTORIC COMMISSION Meeting Minutes March 7,2012 Community Development/Engineering Services Building-51 Winburn Way-Siskiyou Room CALL TO ORDER— REGULAR MEETING, 6:00 am Historic Commissioners Present: Dale Shostrom, Keith Swink,Tom Giordano,Ally Phelps, Kerry Kencairn,Terry Skibby,Sam Whitford Commission Members Absent: Allison Renwick(E),Tobin Fisher(E) Council Liaison: Greg Lemhouse High School Liaison: None Appointed SOU Liaison: None Appointed Staff Present: Planner: Derek Severson;Clerk: Billie Boswell Chairman Shostrom introduced Dave Kanner, new City Administrator, Mr. Kanner explained his background and a little about himself and answered a few questions from the Commissioners. APPROVAL OF MINUTES Ms. Boswell pointed out an error in the permit number for 787 Morse and changed it to PA-201 7-01755. Mr. Whitford moved to approve the February 8, 2012 minutes as amended. The motion was seconded by Ms. Kencairn and was approved unanimously. PUBLIC FORUM: No one in the audience wished to speak. PUBLIC HEARING: PLANNING ACTION: 2012-00237 SUBJECT PROPERTY: 27 Second Street APPLICANT: City of Ashland Public Arts Commission DESCRIPTION: A request for Site Review approval to install Public Art at 27 Second Street along the Ender's Alley on the Enders Building a Nationally Registered Historic Contributing building. Mr.Severson described the mural that Ashland High School student, Nicole Shutters is proposing to paint on the side of the Dan's Shoe Repairshop facing Enders Alley for her senior class project. He explained that the project had already been approved by both the Art Commission and the City Council prior to it being discovered that the project needed review by the Historic Commission. Mr. Skibby asked if the building was listed on the National Register. Mr. Severson said Ms. Gunter,the planner for the project, had contacted SHPO and they supported the proposal. Chairman Shostrom was concerned about the roof posts supporting baskets and lights,and also about the awning material installed above the roof-line. Applicant, Nichole Shulters,described her Ashland senior project, why she is doing it and the process she has gone through with the Arts Commission. Her father, Dan Shutters,who is also the owner of Dan's Shoe Repair shop where the mural would be painted, explained the awning fabric he put up to keep people off the roof of the building. Ms.Shutters described the mural representing the Ashland hills and the downtown roof lines. Motion activated lights would be used to shine down on the mural from the roof. Tysin Senestram,owner of Paddy Brannon's Pub, Exhibit H Page 1 of 3 C I T V OF REVISED Exhibit H-ADOPTED Historic Commission Minutes(See Item C, Old Business) ASHLAND supported the proposal saying that sprucing up the area and adding lights would make the area safer. Mr. Severson read an email from Dave of Bloomsbury Coffee House in support of the mural project. There being no further questions and no one in the audience wishing to speak,the public hearing was closed. "Chairman Shostrom introduced Greg Lemhouse, the new City'Council liaison, whojoined the meeting. Mr. Skibby questioned how the AC unit would be incorporated into the mural design, but overall felt the design would be an improvement over what's there now. Ms. Phelps approved the overall concept of the mural but was concerned about how dark the design was. Mr. Swink felt the mix of urban and quaint town was a good look. Mr. Whitford made a motion to approve the project as presented and Ms. Kencairn seconded it. Discussion followed. Chairman Shostrom brought up the striped awning material across the roof and felt that it detracted from the mural. There was general consensus about the striped awning. The public hearing was reopened to question Mr. Shutters about other options. It was agreed to use a plain, less decorative fabric and raise it above the top of the roof to expose the parapet cap. There was also agreement to paint the posts black to minimize them. Chairman Shostrom made a motion to recommend approval of the project but amended to use a non-descript fabric and to raise the awning above the parapet roof cap. Ms. Phelps seconded the motion and it was approved unanimously. OLD BUSINESS: A. Review Board Schedule March 81h Terry, Keith,Allison March 151h Terry, Kerry,All March 22nd Terry,Tom, Tobin March 29th Terry,Tobin, Dale Aril 51h Terry, Keith, Dale B. Project Assi nments for Planning Actions—no changes BD-2007-01764 160 Helman Batzer-Comm Bld s Recession Extension approved)) Shostrom/Giordano PA-2007-01939 175 Lithia W y(formerly 165 Lilhia Archerd&Dresner-Mixed Use Bldg—(Expired 712517o) Renwick BD-2011-00855 165 W Fork-New SFR on hillside(new owner-Suncrest Hms)(under construction) Swink/Shostrom BD-2011-00436 426A St(Sidney Brown)Mixed Use Bldg (permit issued5-tatt)) Giordano PA-2009.00785 255 E Main(Ashland Elks)Balcony on rear(No permityer expired 8127110.) Swink PA-2010-00069 175 N Pioneer Deli Terrell (Previous owner taking back ownershi &fixing) Shostrom BD-2011-01029 400 Allison RobinBiermann New SFR (Read toissue) Whitford/Renwick BD-2011-00820 156 Seventh Annie McIntyre) (Issued 7-12-11) Renwick BD-2011-00368 928 C St 92 Eighth St Charter ARU issued 7-17-11 Swink BD-2011-01059 260 First St S ken house to retail sales (appealed-blog permit issued 8-25-11) Phelps PA-2011-00244 485 A St Hoxmeier enclosed porch&food truck no permit) Giordano BD-2011-01079 134 Terrace Allman New SFR (issued 2-17-12) Whitford BD-2011-00621 89 Oak St Amorotico New fa adeonbuildin under construction Shostrom BD-2011-00802 66 Scenic(Forsyth)Solar Variance issued7-15-11 Phelps PL-2011-01781 191 Oak St(Cycle Sport)Site Design for enlarging garage issued 1-37-12 Kencairn PL-2011-01656 181 Morse(Malms)CUP to exceed MPFA for ARU Fisher Exhibit H Page 2 of 3 I CITY OF REVISED Exhibit H -ADOPTED Historic Commission Minutes(See Item C, Old Business) ASHLAND OLD BUSINESS: (cont.) C. Mr. Severson reported that the Historic Review Standards document was going through the ordinance process. The only change since the Commissioners last saw the draft was adding in lines addressing the transitional areas between joining districts. There was agreement to the change by the Commissioners. D. Chairman Shostrom requested an OK to attend the March 161h CLG Seminar in Jacksonville regarding brick renovation. Mr. Swink, Mr. Skibby, and Mr.Giordano also expressed an interest in attending. There was consensus from the group for approval. E. Historic Preservation Week—It was agreed that the Historic Preservation Week will be May 13-21, 2012. The Historic Preservation Award ceremony will be as the Ashland Public Library on Thursday, May 17th at noon. The Gresham Room has been reserved from 11:30 to 1:30. After reviewing all the nominees,the Commissioners selected the following award winners: • 116 Church Street and 66 Scenic for Historically Compatible New Accessory Structure • 155 Eight Street, 111 Nursery Street and 355 Scenic Drive for Historically Compatible Residential Addition • Ashland Historic Railroad Museum for an Organization Award • JCLS Ashland Library for a Civic Award Note: 89 Oak was selected for a Commercial Renovation Award but was found to be ineligible because it was unfinished. Ms. Boswell will send owner/contractor/arch-designer information on each winner to the Commissioners to assist in the write-ups. There was also consensus on doing the Hargadine Cemetery tour. DISCUSSION ITEMS: COUNCIL LIAISON REPORT: Greg Lemhouse, Council Liaison reviewed the Land Use Code Revisions discussed at the last City Council meeting. Most of the public discussion had been regarding the keeping of chickens, bees and other backyard animals. The Council remanded it back to the Planning Commission to address some of the concerns. New deer fencing codes were also discussed and revised to require the upper section of the fence to have 80%visibility clearance. New City Administrator Dave Kanner,was introduced and he reviewed with the Commissioners his background and his interest in remaining informed of their issues. ADJOURNMENT: It was the unanimous decision of the Commission to adjourn the meeting at 7:55 p.m. Exhibit H Page 3 of 3 REVISED Exhibit I—ADOPTED Planning Commission Minutes CITY OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES March 13,2012 CALL TO ORDER Chair Pam Marsh called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Michael Dawkins Bill Molnar, Community Development Director Eric Heesacker Derek Severson,Associate Planner Richard Kaplan April Lucas,Administrative Supervisor Pam Marsh Debbie Miller Melanie Mindlin Absent Members: Council Liaison: None Dennis Slattery ANNOUCEMENTS Commissioner Marsh welcomed Dennis Slattery and announced he is the Commission's new council liaison. City Administrator Dave Kanner introduced himself and stated he is always available if the Commission has questions or concerns regarding City business. Commissioner Marsh announced the Planning Commission will hold its annual retreat on May 5;and asked the group to submit agenda topics and places to visit on the Feld trip. Commissioner Dawkins commented on the Green Codes public hearing before the City Council last week, and noted the significant amount of public testimony regarding the keeping of chickens. He stated when the Commission held their hearing no one came to speak,and wished they had received this same level of input. Councilor Slattery stated it was an interesting meeting and the term "urban farming"was used quite a bit. He added the Council will likely be looking at this as a new Council goal. Commissioner Marsh questioned how to raise more awareness of the issues before the Planning Commission in order to improve public participation,and stated it would have been better if they could have been aware of the public's concerns before this item went before Council. CONSENT AGENDA A. Approval of Minutes. 1. February 14,2012 Regular Meeting. 2. February 28,2012 Special Meeting. Commissioners DawkinslMindlin mis to approve the Consent Agenda.Voice Vote: all AYES.Motion passed. PUBLIC FORUM No one came forward to speak. UNFINISHED BUSINESS A. Council Memo—Pedestrian Places Re-Review Community Development Director Bill Molnar stated the Pedestrian Places Re-Review will be on the Council's April 3b agenda. No objections were raised to forwarding this Memo to the City Council. Ashland Planning Commission March 13, 2012 Exhibit I Page 1 of 3 REVISED Exhibit I-ADOPTED Planning Commission Minutes PUBLIC HEARINGS A. PLANNING ACTION:#2011-01523 DESCRIPTION:A proposal to revise the Historic District Design Standards found in Section IV of Ashland's Site Design and Use Standards. These standards are approval criteria for Site Review applications for multi-family residential,commercial and industrial applications in the four National Register-listed historic districts,as well as for exterior modifications requiring building permits on single family residential properties that are individually listed on the National Register of Historic Places. The proposed revisions are intended to bring the standards more into line with the Secretary of the Interior's Standards for Rehabilitation,and to provide greater internal consistency within the standards themselves. In conjunction with the revisions,supporting educational materials have been created to further explain and illustrate the standards with regard to specific topics including living with historic buildings, windows,exterior materials,additions,garages and outbuildings. Staff Report Associate Planner Derek Severson provided a general overview of the Historic District Design Standards update. He explained the Standards have served the City well since the 1980s, however in preparing the Historic Preservation Plan it was found that there are occasions where the existing Historic District Design Standards contradict with the Secretary of the Interior's Standards for Rehabilitation. Mr. Severson stated this update is intended as a fine tuning of the standards to address those conflicts. Mr. Severson explained the Historic District Design Standards apply in the City's four historic districts, and only apply to construction that requires site review or conditional use permit approval. He reviewed the locations of the Ashland historic districts and also provided the contributing and noncontributing property figures for each district. Mr. Severson provided an explanation of the Secretary of Interior's Standards for Rehabilitation and reviewed the specific sections of the Ashland Historic District Design Standards that are proposed to be changed. He noted the Historic Commission met several times to review these changes and have recommended approval by the City Council. Mr.Severson also commented briefly on the Historic Briefs that were prepared,which provide additional information on: Living with Historic Buildings,Windows, Exterior Materials,Additions, and Garages/Outbuildings. Deliberations and Decision Commissioner Mindlin suggested two minor corrections to page one: 1) she stated the word"lavish"is used incorrectly in the first paragraph, and 2)she stated the following sentence in paragraph three seems dated, "Wrought iron columns, asbestos shingles, and aluminum frame windows have only one thing in common-the local hardware store."She also commented that some of the language makes it sound like these things are required and not advisory,and asked staff to clarify. Mr.Severson clarified for single family homes that do not require site review or a conditional use permit,the standards are advisory. He added the Historic Commission Review Board has the opportunity to make recommendations to the applicant,and typically meets with homeowners or contractors and makes recommendations when the building permit is issued.Commissioner Mindlin asked what would happen if someone wants to tear down their home and build a brand new one. Mr. Severson stated the applicant would have to first obtain a demolition review permit,and the Historic Commission is notified and given opportunity to comment. He also clarified as part of the demolition review,the applicants must provide sufficient evidence that rehabilitation is financially unfeasible. Commissioner Dawkins voiced concern that the standards don't have enough"teeth", and that ultimately it is all just a recommendation. Mr. Severson noted the Historic Preservation Plan outlines a request for the City to consider residential site review for homes in the historic districts,and review by the Historic Commission for things that do not require permits(replacement of siding,etc.). He added the Historic Commission has also voiced their desire to revise the demolition ordinance and give it more teeth. He clarified when the ordinance was first adopted, you could not prohibit demolition based on a structure's historic significance. He added as future grant cycles come up,this might be something the City wants to pursue. Commissioner Dawkins asked if the City could require an additional fee if people decide to not follow the standards; and Commissioner Miller asked if it is legal to have more restricted standards for single family homes in the historic districts. Mr. Molnar commented that 95%of people who purchase properties in historic areas do so because they like the resource and want to maintain those features. He stated more often than not people choose to follow the guidance given by the Historic Review Board, even if it is not mandatory.Mr. Severson commented that in some cases, removing the old building is not bad. He cited the LEED Ashland Planning Commission March 13, 2012 Exhibit I Page 2 of 3 REVISED Exhibit I—ADOPTED Planning Commission Minutes certified mixed-use development on A Street and stated the old building was dilapidated, had no discernable historic features,and was a non-contributing structure. He added there are some instances where demolition is appropriate and supported by the Historic Commission: Commissioner Marsh commented that one of the best things they can do is to affirm as a community people's choices when we see them doing great projects;to give them easy to understand handouts;and to continue to applaud and promote the historical buildings in our community. She also suggested the City assemble a map of the national historic structures in Ashland and believes this would be a great promotional piece for the City. Commissioner Marsh noted the planning application at 400 Allison and questioned if the Floor Area Ratio issue that came up with that action has been resolved. Mr. Molnar indicated staff will add this to the list of items that need to be addressed. Commissioners MillerlHeesacker m/s to approve the Historic District Design Standards as revised and forward to the City Council. DISCUSSION: Commissioner Dawkins stated he is supportive of these standards, but would like to reopen this discussion as it relates to the Downtown Plan, particularly on Lithia Way. Suggestion was made for this to be an agenda topic at the Commission's annual retreat.Voice Vote:all AYES.Motion passed 6-0. Commissioner Dawkins commented further on Lithia Way. He stated this is a transition zone and suggested they discuss rezoning the north side of the street. He commented on the Northlight property and suggested this area be rezoned as high density residential;and stated a viable downtown needs smaller housing units where people can live,work,and walk. He added he does not believe the downtown area needs to get any bigger. Comment was made questioning if the City has the ability to rezone a property and increase the density to allow for a much taller building. Staff clarified this is possible, however when you rezone a piece of property you do not own, it is best to have support from the property owner. Commissioner Mindlin stated she has some of the same concerns as Dawkins and noted her desire to talk about pocket neighborhoods and denser neighborhood communities.Commissioner Marsh stated she would like to hear about the research Mindlin has done in these areas and asked her to bring this forward for discussion at the retreat. ADJOURNMENT Meeting adjourned at 8:45 p.m. Respectfully submitted, April Lucas,Administrative Supervisor Ashland Planning Commission March 13, 2012 Exhibit I Page 3 of 3 Exhibit K-Planning Commission signed findings dated April 10,2012 BEFORE THE PLANNING COMMISSION City of Ashland,Jackson County,Oregon April 10,2012 IN THE MATTER OF PLANNING ACTION#2011-01523,A REQUEST ) TO AMEND THE DEFINITIONS CHAPTER OF THE ASHLAND LAND ) USE ORDINANCE BY ADDING NEW SECTIONS 18.08.622 AND ) 18.08.636 AND TO AMEND THE HISTORIC DISTRICT DESIGN ) RECOMMENDATION STANDARDS AND DOWNTOWN DESIGN STANDARDS OF THE SITE ) DESIGN AND USE STANDARDS FOR GREATER CLARITY AND ) CONSISTENCY WITH THE SECRETARY OF THE INTERIOR'S ) STANDARDS FOR REHABILITATION. ) APPLICANT: City of Ashland ) -------------------------------------------------------------------------------------------------------------- RECITALS: 1) The application is to amend the Definitions Chapter (AMC 18.08) of the Ashland Land Use Ordinance by adding new sections 18.08.622 "Rehabilitation"and 18.08.636 "Restoration"and to amend the Historic District Design Standards and Downtown Design Standards of the Site Design and Use Standards. The Historic District Design Standards serve as approval criteria for Site Review and Conditional,Use Permit applications for multi-family residential, commercial and industrial applications in Ashland's four National Register-listed historic districts, as well as for exterior modifications requiring building permits on single family residential properties that are individually listed on the National Register of Historic Places, The proposed revisions are intended to bring the standards more into line with the Secretary of the Interior's Standards for Rehabilitation, and to provide greater clarity and internal consistency within the standards themselves. In conjunction with the revisions, supporting educational materials have been created to explain and illustrate the standards with regard to specific- topics including living with historic buildings, windows, exterior materials, additions,,garages and j outbuildings. 2) A Legislative Amendment is defined in AMC 18.08.345 and is subject to the requirements for a Legislative Amendment described in AMC 18.108.170 as follows: SECTION 18.08.345 Legislative amendment. An amendment to the text of the land use ordinance or the comprehensive plan or an amendment of the zoning map, comprehensive plan maps or other official maps including the street dedication map described in section 18.82.050, for land involving numerous parcels under diverse ownerships. SECTION 18.108.170 Legislative Amendments. A. It may be necessary from time to time to amend the text of the Land Use Ordinance or make other legislative amendments in order to conform with the comprehensive plan or to meet other changes in PA#2011-01523_14istoric Design Standards April 10,2012 Page 1 Exhibit K Page 1 of 6 Exhibit K-Planning Commission signed findings dated April 10,2012 circumstances and conditions.A legislative amendment is a legislative act solely within the authority of the Council. B. A legislative amendment may be Initiated by the Council, by the Commission,or by application of a property owner or resident of the Cfty. The Commission shall conduct a public hearing on the proposed amendment at its earliest practicable meeting after ft Is submitted, and within thirty days after the hearing, recommend to the Council, approval, disapproval, or modification of the proposed amendment. C. An application for amendment by a property owner or resident shall be filed with the Planning Department thirty days prior to the Commission meeting at which the proposal is to be first considered. The application shall be accompanied by the required fee. D. Before taking final action on a proposed amendment, the Commission shall hold a public hearing. After receipt of the report on the amendment from the Commission, the Council shall hold a public hearing on the amendment. Notice of time and place of the public hearings and a brief description of the proposed amendment shall be given notice in a newspaper of general circulation in the City not less than ten days prior to the date of hearing. E. No application of a property owner or resident for a legislative amendment shall be considered by the Commission within the twelve month period immediately following a previous denial of such request, except the Commission may permit a new application if, in the opinion of the Commission, new evidence or a change bl circumstances warrant it. 3) The Planning Commission, following proper public notice as required in AMC 18.108.170.D, held a public hearing on March 13, 2012 at which time testimony was received and exhibits were presented. Following the closing of the public hearing, the Planning Commission held their deliberations and recommended that the City Council approve the proposed amendments to.the Definitions Chapter (AMC 18.08) and to the Site Design and Use Standards' Historic District Design Standards and Downtown Design Standards. Now,therefore,the Planning Commission of the City of Ashland recommends as follows: I SECTION 1.EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits,data, and testimony will be used. I Staff Exhibits lettered with an "S" I Proponent's Exhibits, lettered with a"P" Opponent's Exhibits, lettered with an"O" I Hearing Minutes,Notices,and Miscellaneous Exhibits lettered with an "M" I PA#2011-01523—Historic Design Standards April 10,2012 Page 2 Exhibit K Page 2 of 6 Exhibit K-Planning Commission signed findings dated April 10,2012 SECTION 2. CONCLUSORY FINDINGS 2.1 The Planning Commission finds that it has received all information necessary to make a recommendation based on the Staff Report,public heating testimony and the exhibits received. 2.2 The Planning Commission finds that the proposal for a Legislative Amendment to amend the Definitions Chapter(AMC 18.08) of the'Ashland Land Use Ordinance by adding new sections 18.08.622 and 18.08.636 and to amend the Historic District Design Standards and Downtown Design Standards of the Site Design and Use Standards for greater clarity and consistency with the.Secretary of the Interior's Standards for Rehabilitation meets all applicable criteria for the approval of Legislative Amendment as described in Chapter 18.108.170. The Planning Commission recommends approval of the ordinance amendments as proposed. 2.3 The Planning Commission finds that the Comprehensive Plan includes Policy I-7 which directs that, "Tire City shall develop and implement through law design guidelines for new development as well as for alteration of existing structures within the historic interest areas for structures and areas that are historically significant." The Commission further finds that the City's Site Design and Use Standards have included Historic District Design Standards to guide development in Ashland's four historic districts since their adoption in 1985. The Planning Commission finds that Ashland's four existing historic districts are the Ashland Downtown District, the Siskiyou-Hargadine District, the Skidmore Academy District, and the Railroad Addition District. These districts were established by the city in 1982 with the adoption of the Comprehensive Plan, and each district was subsequently individually considered and ultimately listed on the National Register of Historic Places between 1998 and 2002. A map of these districts is provided as staff's"Exhibit D—Historic Districts Map." The Commission finds that the Site Design and Use Standards and the Historic District Design Standards found in Section IV thereof already apply within these districts for projects subject to Site Review or Conditional Use Permit, and further finds that the proposed revisions do not expand the applicability of the standards beyond those areas where they already apply but are instead intended to provide greater consistency both with accepted national standards and with other sections of the Site Design and Use Standards and Land Use Ordinance. 2.4 The Planning Commission finds that the Secretary of the Interior is responsible for establishing standards for all programs under the jurisdiction of the Department of the Interior and for advising agencies on the preservation of historic properties listed in or eligible for listing in the National Register of Historic Places. The Secretary of the Interior's Standards for Rehabilitation were originally developed to determine the appropriateness of proposed project work on registered properties supported by federal grants. These standards address rehabilitation, the most typical treatment to historic buildings, which is defined therein as "the act or process of making possible a compatible use for a property through repair, alterations and additions while preserving those portions or features which convey its historical, cudtta•al or architectural values." As stated in the definition, the treatment of rehabilitation assumes that at PA#2011-01523—Historic Design Standards April 10,2012 Page 3 Exhibit K Page 3 of 6 e Exhibit K-Planning commission signed findings dated April 10,2012 least some repair or alteration of the historic building will be needed to provide for efficient contemporary use; however, the standards seek to ensure that these repairs and alterations not damage or destroy materials, features or finishes that are important in defining a building's historic character. The Commission finds that The Secretary of the Interior's Standards for Rehabilitation are intended to assist in the long-term preservation of historic materials and features, and as such pertain to historic buildings of all materials, construction types, sizes and occupancy and consider both the building site and the surrounding environment which provides its context. To be certified for federal tax purposes, a rehabilitation project must be found by the Secretary of the Interior to be consistent with the historic character of the structure(s) and, where applicable, the district in which it is located. The Commission further finds that over the years since their creation, the Secretary's Standards have been used to determine if a rehabilitation project qualifies for federal tax incentives as well as to guide federal agencies in carrying out their responsibilities for properties in federal ownership or control. In addition, they have come to be used by state and local officials across the nation to review rehabilitation proposals and have been adopted by historic and planning commissions across the country. The Planning Commission finds that the Oregon State Historic Preservation Office (SHPO) administers the Certified Local Government (CLG) program, which is a federal program to promote historic preservation at the local level. SHPO also assists property owners, local governments, and interested citizens in listing Oregon's most historically important resources on the federal National Register of Historic Places. As a Certified Local Government with four National Register-listed historic districts,there is an expectation that the city will support historic preservation programs with adequate funding, staff, and access, and ensure that ordinances and other legislation designed to protect historic cultural resources are enforced. 2.5 The Planning Commission finds that, as noted in the "Ashland Preservation Plan 2009- 2018", some of the existing Historic District Design Standards from Section IV of the Site Design and Use Standards conflict with or contradict the Secretary of the Interior's Standards for Rehabilitation, and that this could be a potential problem for properties in the Oregon Special Assessment program as SHPO utilizes the Secretary of the Interior's Standards for Rehabilitation when evaluating projects. Any work that does not comply with the Secretary of the Interior's Standards for Rehabilitation could cause a property to be removed from the program. Here, the Commission notes as an example that existing standards IV-13-1, 3, 4 and 5 encourage new additions to match existing features as much as possible, which contradicts the Secretary of the Interior's Standard #9 which requires, "The new hark shall be differentiated from the old." Another example of a conflict is found in IV-B-3 requiring that roof ridge lines be extended where possible, which poses potential conflicts with the Secretary of the Interior's Standard #10 which requires, "New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential farm and integrity of the historic property and its environment would be unimpaired." PA#2011-01523—Historic Design Standards April 10,2012 Page 4 Exhibit K Page 4 of 6 Exhibit K-Planning Commission signed findings dated April 10,2012 The Commission accordingly finds it necessary and appropriate that the existing standards be amended to provide greater consistency with the Secretary of the Interior's Standards for Rehabilitation as a way to further protect the character and integrity of Ashland's four National Register-listed historic districts. To this end, the Commission finds that the addition of a new, twelfth standard to Section IV-B which states that, "The latest version of the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings shall be used in clarifying and determining whether the above standards are met," will allow the use the federal standards as a supporting reference for clarification when questions arise in the application of the Historic District Design Standards. The Planning Commission finds that the addition of a new standard and illustration as IV-C-11 "Additions" which encourage additions that are visually unobtrusive and do not obscure or eliminate character defining features and discourage additions on the primary fagade or any elevation that is visually prominent or which obscure or destroy character defining features is in keeping with the Secretary of the Interior's Standards for Rehabilitation which calls for addition to protect the historic integrity of both the historic property and its environment. The Planning Commission finds that the addition of a new standard and illustration as IV-C-12 "Garage Placement" is appropriate and necessary. Development patterns in Ashland's historic districts in many cases pre-dated the automobile's current dominant role in modern life, and the j placement of new garages behind primary historic buildings with access from a side street or j alley rather than in front of the primary historic building is a key element in ensuring historically compatible development and preserving district character. 2.6 In addition to addressing consistency with the Secretary of the Interior's Standards for Rehabilitation, the Planning Commission finds that the proposed revisions include changes intended to provide greater clarity and internal consistency between the Historic District Design Standards and other city standards. I The Planning Commission finds that for the purposes of clarity in explaining the standards, the addition of shading in the illustrations is a simple and effective way to add emphasis to the points being made in each of the illustrated standards in Section IV-C. The Planning Commission finds that within the Site Design and Use Standards, Section IV-C-I of the Historic District Design Standards calls for buildings to be constructed to the height of existing historic buildings on and across the street while Section VI-A-1 of the Downtown Design Standards seeks buildings which vary in height to maintain the downtown's traditional staggered streetscape appearance. The Planning Commission finds that for the sake of internal consistency, the revisions proposed to Section IV-B have made clear that the rehabilitation and remodel standards are to apply primarily to the residential historic districts and to residential buildings in the downtown, and that the Downtown Design Standards are to take precedence for commercial development within the downtown overlay. In addition, the revisions include clarification in Section VI-A-1 making clear that the restoration of a historic fagade line which PA#2011-01523—Historic Design Standards April 10,2012 Page 5 r Exhibit K Page 5 of 6 Exhibit K-Planning Commission signed findings dated April 10,2012 was not historically staggered would provide a basis for an exception to the standard calling for varying heights to maintain a generally staggered streetscape appearance. The Planning Commission further finds that the addition of definitions for "rehabilitation" and "restoration" to the Definitions Chapter (AMC 18.08) is necessary as the standards refer directly to rehabilitation and restoration and as such, their meanings should be clearly defined. The Planning Commission finds that in past applications, it has at times been questioned how to address the area of transitions between zones as the current standards often seek compatibility with buildings in the vicinity when on occasion that vicinity may include other zoning districts, which are subject to different regulations and different development standards. For instance, it was questioned during the "Northlight" application at the comer of Lithia Way and First Street how to best address the transition between the subject property's C-1 Commercial zoning which was to be developed under Basic Commercial and Detail Site Review subject to both the Historic and Downtown Design Standards when the immediately adjacent property was residentially zoned R-2 property in the Railroad Addition along B Street. The Planning Commission funds that the proposed revisions to both Section IV-C and Section VI are intended to make clear that at the edges of zoning districts or overlays with differing regulations and standards, adjustments to building form, massing, height, scale, placement or architectural and material treatment may be considered as a means to address compatibility within the area of transition while not losing sight of the underlying zoning or applicable standards for the subject property. 2.7 The Planning Commission finds that the five proposed "Historic Building Briefs" which address "Living with Historic Buildings", "Windows", "Exterior Materials", "Additions" and "Garages and Outbuildings" provide issue-specific educational materials and guidance in support of the revised standards, and while these"Historic Building Briefs"are not to be codified they provide an appropriate mechanism to help explain the revised standards to homeowners, their designer professionals and contractors. SECTION 3:DECISION 3.1 Based on the record of the Public Hearing on this matter, the Planning Commission recommends approval of Planning Action#2011-01523. Anril 10.2012 Planning Cormnission Approval Date PA#2011-01523—Historic Design Standards April 10,2012 Page 6 �I Exhibit K Page 6 of 6