HomeMy WebLinkAbout2012-1218 Council Mtg PACKET
CITY OF
ASHLAND
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NEl comments[o the Councilomany item on the Agenda, unless i[ isthe subjet of apublic hearing and the record is closed. Time permPresiding Officer may allow oralRestimony. If you
wish toseplease5c16oukthe akeTRequest form located near the entrance ers. Techair wil recogyouas to ounbotted to you, if esome e111 the nature ot]item under discussion, the
numbero8people who wish to speak,. and the length of the agenda.
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
December 18, 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.]
6:30 p.m. Reception for departing Council members in Lobby
7:00 p.m. Regular Meeting
I: CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENTS
V. APPROVAL OF MINUTES
1. Executive Session of December 4, 2012
2. Business Meeting of December 4, 2012
VI. SPECIAL PRESENTATIONS & AWARDS
1. Presentation of plaques to departing council members
2. Mayor's Proclamation of January 5, 2013 as Christmas Tree-Cycle Day
3. Police Department presentation regarding their new sexual assault reporting
program
VII. CONSENT AGENDA
1. Approval of commission, committee, and board minutes
2. A resolution transferring appropriations within the FY 2012-13 budget
3. Approval of contract for replacement of sidewalks at Hunter Park
4. Liquor license application for The Deli Downstairs located at 107 E. Main
Street
5. Public contract for safety training (in Public Works and Electric)
6. Appointment of Craig Anderson to the Transportation Commission
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT WW W.ASHLAND.OR.US
7. Consideration of Planning Commission Term Completion
8. Confidentiality agreement concerning information submitted by Asante as part
of Ashland Hospital affiliation and lease negotiations
9. Approval of a resolution to repeal bicycle license registration fee in Resolution
2012-21, Miscellaneous Fees and Charges
10. Liquor license application for Tot Restaurant located at 310 Oak Street, #1.
VIII. 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})
None
IX. 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]
X. UNFINISHED BUSINESS
1. FY2011-2012 Comprehensive Annual Financial Report
XI. NEW AND MISCELLANEOUS BUSINESS
None.
XII. ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Second reading of an ordinance titled, "An Ordinance authorizing full faith and
credit bonds for multiple purposes"
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
XIV. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if 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 I).
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT W W W.ASHLAND.OR.US
ASHLAND CITY COUNCIL MEETING
December 4, 2012
Page 1 of7
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
December 4, 2012
Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Stromberg called the meeting to order at 7:03 p.m. in the Civic Center Council Chambers.
SWEARING IN OF COUNCIL MEMBER MARSH
City Recorder Barbara Christensen provided the Oath of Office to Pam Marsh appointed to City Council
Position #6.
ROLL CALL
Councilor Voisin, Morris, Lemhouse, Slattery, Silbiger, and Marsh were present.
MAYOR'S ANNOUNCEMENTS
Mayor Stromberg announced vacancies on the Planning Commission, Forest Lands Commission, Public
Arts Commission, Transportation Commission, Housing Commission, Tree Commission, and Firewise
Commission.
Public Works Director Mike Faught reported on the current water conditions, the potential for flooding,
and the staff action plan.
APPROVAL OF MINUTES
The minutes of the Study Session of November 19, 2012 and Business Meeting of November 20, 2012
were approved as presented.
SPECIAL PRESENTATIONS & AWARDS (None)
CONSENT AGENDA
1. Approval of commission, committee, and board minutes
2. A resolution declaring the canvass of the vote of the election held in and for the City of Ashland,
Oregon on November 6, 2012, and Mayoral proclamation
3. Resolution instructing the US Congress to approve a constitutional amendment granting
Congress and the States authority to regulate campaign contributions and expenditures and to
determine the nature and extent of privileges to entities other than natural persons
4. Approval of an amendment to the cable television franchise agreement with Charter
Communications, Inc.
5. Letter of intent for Washington Street extension to Tolman Creek Road
6. Approval of a public art element for the downtown Plaza
7. Resolution amending City grant application policy and process
Keith Swink/1655 Peachey Road/Explained he was a member on the Historic Commission and
expressed concern regarding Consent Agenda item #6, the approval of public an for the Plaza. The
Historic Commission was not included in the final decision and should have been.
Joseph Kauth/1 Corral Lane/Spoke regarding Consent Agenda item #5, the letter of intent for the
Washington Street extension to Tolman Creek Road. He opposed the extension due to traffic and
building issues. He noted the Lincoln Elementary school was unused and suggested an exchange with
residential units along with a moratorium on the extension.
ASHLAND CITY COUNCIL MEETING
December 4, 2012
Page 1 of 7
Councilor Voisin pulled Consent Agenda item #6 and Councilor Morris pulled item #5 for further
discussion.
Public Works Director Mike Faught clarified with the exception of the park row, the City maintaining the
streets and sidewalk for the Washington Street extension to Tolman Creek Road was typical. Staff
recommended maintaining the park row as part of the negotiation process with Mr. Brombacher who
opposed the road going through his property. This was only a letter of intent, the plan still needed to go
through the Planning Commission approval process that could result in low impact development options.
As part of the Transportation System Plan Update, staff looked at connections that were important to the
transportation system as a whole. Initially, the State recommended a median from the traffic signal to
Tolman Creek Road due to traffic flow. They delayed implementation but would proceed if traffic
incidents occurred. Staff considered Washington Street an alternative route.
Councilor Morris declared a potential conflict of interest regarding the Washington Street extension. He
had family that owned property above the area in question.
Councilor Slattery/Lemhouse m/s to approve Consent Agenda item 45. Voice Vote: Councilor
Voisin, Morris, Lemhouse, Slattery, and Marsh, YES; Councilor Silbiger, NO. Motion passed.
Councilor Voisin received several comments from the Historic Commission that they wanted to provide
input regarding the public art element for the Plaza. She suggested delaying the decision until the
December 18, 2012 Council meeting so the Historic and Public Arts Commissions could meet.
City Administrator Dave Kanner explained the Public Arts Commission held a special meeting in
September, invited the Historic Commission to discuss artwork on the Plaza but only one member
attended. Management Analyst Ann Seltzer further explained Victoria Law from the Historic
Commission attended the meeting and suggested incorporating historic photos on the plaza as a
component of the public art element. The Public Arts Commission did not have a quorum for that
meeting, but discussed Ms. Law's suggestion and came to the conclusion placing photographs on the seat
wall was not an appropriate location. They responded with three options for the photographs that
included placing them on the exterior of the Information Booth, creating a temporary display during
National Historic Month or a permanent display on the exterior wall of the library.
Councilor Voisin/Slattery m/s to delay Consent Agenda item #6 until December 18, 2012 and in the
interim have a meeting between the Public Arts Commission and the Historic Commission.
DISCUSSION: Councilor Voisin thought the Historic Commission needed the opportunity to comment
on the final decision. Councilor Lemhouse noted the process the Public Arts Commission used had
included the Historic Commission as well as public input. Councilor Slattery added the Public Arts
Commission was in charge of public art implementation and was unclear where the Historic Commission
came into the process. Councilor Voisin responded the Historic Commission did not have the opportunity
to comment on the final decision as a commission. Councilor Silbiger confirmed the Historic
Commission had not voted as a commission to delay the final decision either.
Roll Call Vote: Councilor Voisin, YES; Councilor Lemhouse, Slattery, Marsh, Silbiger, and Morris,
NO. Motion failed 1-5.
Councilor Lemhouse/Slattery m/s to approve Consent Agenda item #6.
DISCUSSION: Councilor Lemhouse thought the Public Arts Commission did their due diligence
regarding their decision. Councilor Marsh explained the City needed to create a vital gathering place for
everyone. Historical elements helped establish a sense of place but in order to get people using the area
it needed to feel like a place designed for the current population. Councilor Voisin would not support the
ASHLAND CITY COUNCIL MEETING
December 4, 2012
Page 3 of 7
motion and reiterated the importance of the Historic Commission providing input regarding the decision.
Councilor Silbiger noted the Historic Commission had provided input in the past regarding the design
process and could always suggest additional items for the Plaza. The motion was a vote regarding one
specific piece of art for the Plaza. Councilor Morris was interested in the Historic Commission's
suggestions for the Plaza. Roll Call Vote: Councilor Morris, Lemhouse, Slattery, Silbiger, and
Marsh, YES; Councilor Voisin, NO. Motion passed 5-1.
Councilor Lemhouse requested Council add a discussion to the agenda regarding the process and direct
the Historic Commission to bring a plan that incorporated historical weigh points for the downtown to a
future Council meeting for review.
Councilor Slattery/Marsh m/s to place the item on the Agenda for discussion.
DISCUSSION: Councilor Marsh thought it was an appropriate time to discuss the item since the Historic
Commission was present. Councilor Voisin wanted to wait until the Historic Commission met the
following day. Councilor Lemhouse clarified the Historic Commission was not meeting the next day.
Roll Call Vote: Councilor Morris, Lemhouse, Slattery, Silbiger, and Marsh, YES; Councilor Voisin,
NO. Motion passed 5-1.
Councilor Lemhouse explained the Historic Commission would come back with a plan to install historical
weigh points or markers in the downtown area that helped citizens and visitors interpret and connect with
the past.
Councilor Lemhouse/Slattery m/s that staff direct the Historic Commission to create a plan that
incorporates a historic presence with an educational component in the downtown area.
DISCUSSION: Councilor Silbiger preferred the direction to be more of a suggestion rather than a task
and wondered if the Historic Commission thought it was a good idea. Councilor Lemhouse noted
Council often delegated projects to commissions. A directive would provide timelines or the impetus to
complete the task. With Councilor Lemhouse and Slattery's consent, Councilor Marsh offered a friendly
amendment that would not limit the direction to having markers. Instead, it would allow flexibility to
create a historic presence and an educational component. Roll Call Vote: Councilor Morris,
Lemhouse, Silbiger, Marsh, Slattery, and Voisin, YES.
Councilor Silbiger/Slattery m/s to approve Consent Agenda items #1 through #4 and #7. Voice
Vote: all AYES. Motion passed.
PUBLIC HEARINGS
1. A resolution authorizing a rate increase for solid waste collection and hauling services provided
by Recology Ashland Sanitary
City Administrator Dave Kanner explained Recology Ashland Sanitary came to Council the year before
and requested a 23% rate increase in order to bring their profit margin up to a usual and customary level
for garbage collection service. At that time, Council awarded Recology an 11% increase that brought
them to a break-even point and directed staff to hire a consultant to study the rate structure and
Recology's revenues to determine if it merited an additional rate increase. Chris Bell, a certified public
accountant who specialized in this field of work brought back a report that indicated Recology was
entitled to an 8% rate increase across the board. At the time of the report, Council directed staff to form a
committee with Recology to study the services offered in Ashland and work on a new franchise
agreement. Staff recommended Council approve the rate increase.
Mr. Kanner reviewed current franchise agreements from other jurisdictions, planned to provide samples
to the committee then have the committee meet with Recology. The City needed to examine the
possibility of automating garage collection. People interested in participating in the committee were
ASHLAND CITY COUNCIL MEETING
December 4, 2012
Page 4 of 7
encouraged to contact Mr. Kanner at City Hall.
Public Hearing Open: 7:58 p.m.
Public Hearing Closed: 7:58 p.m.
Councilor Slattery/Voisin m/s to approve Resolution #2012-39. DISCUSSION: Councilor Voisin
thought the City had done their due diligence and supported the increase. Councilor Silbiger would not
support the motion citing Recology's manual residential collection services was responsible for their
profit losses. Recology chose where they put their capital improvements. Additionally, the Recycling
Depot losses equated to $1.77 per month for every residential customer in Ashland and duplicated
recycling efforts while taking in a small volume of recyclables. The 8% rate increase would raise
residential bills $1.43. Closing the Recycling Depot could prevent a rate increase. Councilor Lemhouse
understood Councilor Silbiger concerns but thought not approving the increase and making a major
change without reviewing services or soliciting public input might prove detrimental. He supported the
committee and their review.
Councilor Morris would vote in favor of the increase but wanted to participate in the committee to review
the entire operation. Councilor Slattery agreed the Recycling Center needed consideration along with the
City conducting business in a more efficient way. The increase would allow the service to continue with
a reasonable profit for Recology. The committee would help the City begin strategic planning to keep
rates lower over the next 10-20 years. Councilor Voisin added the committee was critical to the process,
would resolve Councilor Silbiger's concerns, and mitigate some of the issues raised by Mr. Bell.
Roll Call Vote: Councilor Voisin, Slattery, Lemhouse, Marsh, and Morris, YES; Councilor
Silbiger, No. Motion passed 5-1.
PUBLIC FORUM (None)
UNFINISHED BUSINESS (None)
NEW AND MISCELLANEOUS BUSINESS
1. Annual appointments to the Citizen Budget Committee
City Recorder Barbara Christensen explained the City received three new applications along with requests
for reappointment from Denise Daehler and David Runkel. Park Commissioner Stefani Seffinger applied
but withdrew her application because Oregon Budget Law allowed a specific number of elected officials
to serve on the Budget Committee.
Ms. Christensen provided Council with ballots. Council majority reappointed Denise Daehler and David
Runkel.
Councilor Voisin/Lemhouse m/s the reappointment of David Runkel and Denise Daehler to the
Citizen Budget Committee with terms ending December 31, 2016. Voice Vote: all AYES. Motion
passed.
2. Appointment to Audit Committee at-large citizen and CounciVMayor liaison
City Recorder Barbara Christensen explained the Audit Committee included a voting Council/Mayor
liaison that Council selected yearly. Additionally, Thomas Hepford submitted an application for the
citizen vacancy on the committee. Ms. Christensen recommended appointing Mr. Hepford with a term
ending April 30, 2015.
Councilor Lemhouse/Morris m/s to appoint Thomas Hepford as the citizen applicant to the Audit
Committee with a term ending April 30, 2015. Voice Vote: all AYES. Motion passed.
ASHLAND CITY COUNCIL MEETING
December 4, 2012
Page 5 of 7
Councilor Lemhouse/Silbiger m/s to appoint Councilor Slattery as Council/Mayor Liaison to the
Audit Committee. Voice Vote: all AYES. Motion passed.
Ms. Christensen suggested Council appoint a Citizen Budget Committee liaison to the Audit Committee
at this time.
Councilor Silbiger/Slattery m/s to reappoint Roberta Stebbins as Citizen Budget Committee
Liaison to the Audit Committee. Voice Vote: all AYES. Motion passed.
Councilor Voisin suggested adding an agenda item to a future Study Session to discuss the need for an
alternate Council liaison in case the liaison was unable to attend an Audit Committee meeting. Ms.
Christensen and the City Attorney were attending the December 17, 2012 Study Session regarding
commissions and would add an alternate liaison for the Audit Committee to the discussion. Council
agreed.
3. Portable toilet adjacent to Calle Guanajuato recycling area
City Administrator Dave Kanner explained the portable toilet received moderate use over the past year
with some vandalism in the past two months that resulted in an extra charge to the City. Currently the
City paid approximately $150 a month for the portable toilet. Council needed to make a decision whether
to continue the service for another year.
Community Development Director Bill Molnar added the portable toilet was a temporary use of land
usually covered in a Conditional Use Permit (CUP). He would need input from the City Attorney to
confirm whether a CUP would be required.
Parks and Recreation Director Don Robertson explained keeping the permanent restroom facilities open
24 hours created unsafe situations, additional vandalism, and people would mostly likely sleep there at
night. He confirmed there were two additional portable toilets located by the Ice Skating Rink that would
remain until the end of February.
Keith Haxton/110 7`e Street/Used the restroom facility often and knew several others that did as well
and hoped Council would approve it for another year. Vandalism occurred in all the public restrooms in
the city and the cost to the portable toilet was far less than the permanent facilities. He believed the cost
for leaving the permanent restrooms open was over $10,000 because of the vandalism. Vandalism costs
for the portable toilet was approximately $20 a month. The facility was very useful for homeless people
and patrons coming from the bars as well. He urged Council to approve it for one more year.
Councilor Voisin/Marsh m/s to direct staff to leave the portable toilet in the Calle Guanajuato
recycling area. DISCUSSION: Councilor Voisin noted this was a public health issue and the portable
toilet received slightly more than moderate use. Council should continue the service for another year then
work on the CUP. Councilor Marsh thought the City should secure the two portable toilets at the skating
rink at night and reserve them for people using the ice rink. The cost for the portable toilet was negligible
and removing it created a perception of taking something away that was there to serve people.
Councilor Lemhouse agreed with Councilor Marsh on securing the portable toilets at the ice rink at night.
He was concerned the portable toilet would become an annual Council decision and wanted staff to work
through the zoning issues and give the City Administrator the authority to decide when to remove it in the
event of long-term vandalism. Councilor Slattery thought the City should deal with the resource on a
permanent basis instead of using a portable toilet. The abuse of the portable toilet would determine
whether the City continued that service. He suggested a permanent structure with a camera. Councilor
ASHLAND CITY COUNCIL MEETING
December 4, 2012
Page 6 of 7
Morris agreed the City needed a facility whether it was a permanent structure or modifying the other
bathrooms to make them safer at night.
Councilor Silbiger agreed with Councilor Morris and Slattery. The portable toilet had been there for a
year and that made it more than a temporary structure. The City needed to meet planning codes soon.
Councilor Voisin thought the issue of the CUP was complaint driven and restated it was a public health
issue. Roll Call Vote: Councilor Voisin, Lemhouse, Morris, Silbiger, Marsh, and Slattery, YES.
Motion passed.
Council directed staff to research replacing the portable toilet with a permanent restroom facility.
4. Procedure on selection of Park Commissioner position 43
City Recorder Barbara Christensen explained Parks Commissioner Rich Rosenthal won the election for
City Council Position #5 during the November 6, 2012 election. He would resign from the Parks
Commission December 31, 2012. The City Charter stated Council needed to fill the vacant office within
60 days but did not provide a separate process for the Parks Commission. Ms. Christensen provided two
options. The Parks Commission could work with Ms. Christensen as the City Elections Officer to
determine a process for vetting applications, and selecting an applicant for Council approval no later than
March 1, 2013. The second option was Council conducting the selection process themselves in
conjunction with the City Elections Officer.
Councilor Silbiger/Lemhouse m/s the City Council use the same procedure previously used in
accepting applications for the Parks Commission and let City Council make that decision.
DISCUSSION: Council Silbiger noted the City Charter gave Council the responsibility and Council
should make the decision. Councilor Lemhouse was uncomfortable selecting a commissioner for another
elected body and wanted input from the Parks Commission regarding the process. Councilor Voisin
agreed with Councilor Lemhouse and thought the Parks Commission could provide Council with names
or be involved in the process some way. Councilor Slattery supported having either the Parks
Commission or staff advertise for applications, the Parks Commission could vet applicants and make a
recommendation to Council. Councilor Marsh noted the options Ms. Christensen had provided, and
agreed with option one that had the Parks Commission working with the City Elections Officer on
process and making a recommendation to Council.
Councilor Morris thought it was odd having the Parks Commission choose the next Commissioner and
then have Council approve the recommendation. Mayor Stromberg thought the Parks Commission
should do the vetting, choose a candidate, and have Council validate that choice unless there were strong
reasons not to accept their recommendation. Councilor Lemhouse agreed Parks should do the vetting.
Roll Call Vote: Councilor Morris, and Silbiger, YES; Councilor Voisin, Lemhouse, Slattery, and
Marsh, NO. Motion failed 2-4.
Councilor Voisin/Lemhouse m/s the Park Commission work with the City Elections Officer to
determine a process for reviewing applications and vetting applicants.
Roll Call Vote: Councilor Voisin, Morris, Lemhouse, Slattery, Silbiger, and Marsh, YES. Motion
passed.
Ms. Christensen noted she was attending the Parks Commission meeting December 10, 2012 and would
keep Council apprised of the progress.
ORDINANCES, RESOLUTIONS AND CONTRACTS
1 Second reading, by title only, of an ordinance titled, "An ordinance amending the City of
Ashland Comprehensive Plan to adopt the Housing Needs Analysis as a supporting document to
ASHLAND CITY COUNCIL MEETING
December 4, 2012
Page 7 of 7
the City of Ashland Comprehensive Plan"
Councilor Voisin/Slattery m/s to approve Second Reading of an ordinance titled "An Ordinance
amending the City of Ashland Comprehensive Plan to adopt the Housing Needs Analysis as a
Supporting Document to the city of Ashland Comprehensive Plan."
DISCUSSION: Councilor Lemhouse would not support the motion. Some of the conclusions lacked
thorough analysis to make it a supporting document. Mayor Stromberg agreed with Councilor Lemhouse.
Councilor Silbiger read the document again and had enough concerns that he would not support the
motion either. Councilor Marsh questioned why Council had not requested staff revise the document
given the number of concerns raised. It was a bad message to send a technical document out with a split
vote. Councilor Morris had shared his concerns with staff. It was better than the consultant's document
but he still had issues with it. Roll Call Vote: Councilor Voisin, YES; Councilor Morris, Marsh,
Lemhouse, Silbiger, and Slattery, NO. Motion failed 1-5.
City Administrator Dave Kanner would add the Housing Needs Analysis to a future Study Session for
discussion.
2. First reading, by title only, of an ordinance titled, "An Ordinance authorizing full faith and
credit bonds for multiple purposes"
Administrative Director Lee Tuneberg explained the Full Faith & Credit Bonds would fund new projects
identified in the Capital Improvement Plan in the 2012-2013 Budget. Repairs to the Perozzi Fountain in
Lithia Park served as a placeholder that the Parks Commission could decline up to the issuance of the
Bond.
Councilor Slattery/Lemhouse m/s to approve First Reading by title only of an Ordinance titled "An
Ordinance authorizing Full Faith and Credit Bonds for multiple purposes." Roll Call Vote:
Councilor Slattery, Lemhouse, Voisin, Morris, Silbiger, and Marsh, YES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
ADJOURNMENT
Meeting adjourned at 8:51 p.m.
Barbara Christensen, City Recorder John Stromberg, Mayor
it
P e A P P
e~
PROCLAMATION
"27TH ANNUAL CHRISTMAS TREE RECYCLE DAY"
~
• . Solid waste disposal and a dwindling capacity in our landfills is a critical
national problem.
• Garden waste contributes a significant volume in our landfills.
• Troop 112 of the Boy Scouts of America, with assistance from the Ashland
Parks Department, pick up and chipped Christmas trees in the City of Ashland.
• The chipped material was used on park trails and as mulch for plants and did
not enter the "waste stream."
Q • The Ashland Lions Club supports this effort by donating volunteer power and
equipment to transport the pick-up crews.
NOW THEREFORE, the City Council and Mayor, on behalf of the citizens of
Ashland, hereby proclaim Saturday, January 5, 2013 as:
"CHRISTMAS TREE-CYCLE
DAYINASHLAND"
and hereby urge all citizens to set out their tree near the curb on Friday, January
4`h, to be picked up on Saturday, January 5`h, and to consider making a donation to
assist the Troop in their community service activities.
Dated this 18`h day of December, 2012.
John Stromberg, Mayor
Cv Barbara Christensen, City Recorder
1cS?'jt.w s:
cG~,~b9 6d ~ ¢s aD da ~,D ctd eP ctspe9, ~d e9J ctd eD ~a e9
CONSERVATION COMMISSION MINUTES
6:00pm-8:00pm -November 28, 2012
Community Development Building
51 Winburn Way, Ashland, OR 97520
To be approved at the December 19, 2012 Commission Meeting
CALL TO ORDER
Chairperson Beam called the meeting to order at 6:00pm.
Attendees:
Thomas Beam, Roxane Beigel-Coryell, Risa Buck, Jim Hartman, Cat Gould, Jim McGinnis, and Mark Weir.
Mami Koopman and David Runkel were not present.
City Council Liaison: Carol Voisin was not present
Staff Representative: Lee'runeberg, Adam Hanks, and Mary McClary (Mary left at 7pm)
APPROVAL OF MINUTES
Chairperson Beam asked for approval of the minutes for October 24, 2012.
Commissioner Buck wanted to express acknowledgement and thanks to he- Ilowing people r v lunteering their help at the Plastic Round-
up event:
Councilor Voisin
Commissioner Beige]-Coryell
Larry Giardina
Commissioner Gould moved to approve the. minutes with stated additionA1,01tnber 14, 1011, secon~drerl by Commissioner
Buck.
Voice Vote: All Ayes. The motion passed with~a,,unanimous vote.
Presentations were moved up on the agenda.
PRESENTATIONS
Waterwise Landscaping website ove iew-Julie Smitherman, h and Ater C ervation Specialist.
www. ashland. or. ushva(envise
Julie passed out information about the rogram's or and future g al .
Current Programs: Program Goals:
ppli tic .Rbbates War ise Landscaping Website
ind or Water, ~ysis City of Ashland Water Conservation Webpage
]rrigation System valuations . arget our highest water users
Water Wise Landscaping Websit¢ Promotion for events
rmering Hotline Weather Based Irrigation Controller Incentives for HoA
CioffAshland Water Conservation webpage Water Budget Calculator
Landscape and Irrigation MIS School Presentations
Earth Advance Homes Meter Master
Southern O~ eegon Landscape ssociation Potable Water Supply to TID
She explained the new Waterwise ebsne an highlighted some of the different features and functions. She asked for support from the
Commission to "spread the word" and@e plained some upcoming marketing to help make the public more aware
of the site. Chairperson Beam suggested usiin Elarth Day as an educational opportunity, and/or setting up a demonstration in the Community
Development lobby. Julie reported, last month the site received over 20,000 hits since starting in September, and that was without a
marketing campaign. The Commission also suggested she appear on the Mayor's Town Hall in the spring.
Commissioner Weir suggested using other ]ow key landscaping (more budget orientation) examples. Julie explained the purpose of the site
was to show and inform people how to have options in creating attractive water saving landscapes in all different scenarios. lie also talked
about the minimum standard used and increasing that benchmark the future. Commissioner McGinnis talked about possible incentives for
citizens with TID water rights for a reduction in their use.
The Commissioners thanked her for the presentation, expressing their excitement for the new Watenvise web site. They asked her to keep
them informed how the web site worked in relation to the savings.
ANNOUNCEMENTS
The Commission Retreat, Saturday December I at the Parks and Recreation office beginning at 9am.
The next Conservation Commission meeting would be held December 19, 2012. Commissioner Runkel will be absent
for the December I study session.
Upcoming sub-committee meetings:
Sustainabilily subcommittee will meet the 1' and 3rd Thursday of the month at the Siskiyou Room, Community
Development Building.
Water sub-committee will meet from 6-7pm at the Ashland Library, the 2"d Monday of the month.
Commissioner McGinnis, works in Sustainable Operations for the Forest Service, reported about how they are trying to get
more information to the public. His suggestions of involving cities and schools were now in the works as an opportunity, taking the form of
web sites.
Chairperson Beam remarked about a natural gas station opening in Medford. Adam explained about how grants were used to fund that
project and gave some more background information to the Commission. The Commissioners spoke about the environmental impact of
different fuels and set the topic for discussion at their May 2013 meeting.
PUBLIC FORUM
No one presents
UNFINISHED BUSINESS
2012-13 Commission Master Calendar Review
Chairperson Beam remarked there was not a retreat scheduled for 2013. ,
Commissioner Weir announced the Water, Education, and Community Ou°trkh vent will be moo edd to the Earth Day event.
Commissioner McGinnis announced the City Sustainability Planning d$64 was considenng.participating in the Earth Day event
also.
2012 Commission Retreat Planning
Chairperson Beam asked for changes or additions to the agenda. CommissionWiTtdthis ovXviewoflashvear's accomplishments
would be brief.
Chairperson Beam added to the agenda Sub-cammittee ormu(ton at 12:1 Sabout Water and Anti-Idling.
Commissioner McGinnis stated there was a lot to discuss a he retreat, ieved the + air appointments could be postponed until April.
He believed Section (9:15) City and Commission Policies, Goals,and Objective should be allocated 45 minutes, instead of 15 minutes. He
proposed the discussion for Sustamabllityir", at~ining be shorten•b. I5 minutQian'd 0:minutes all tted to the Conservation Division
discussion, which slates lunch to d 45. He wou d ike to shorten•th Watery. onse t n:discuss to 45 minutes and begin the Commission
Goals earlier.
Chairperson Beam wanted to moNthehngter Galen at, o the end in orderao incorporate new topics that were brought up at the retreat.
Adam explained to th , ommission out th .GO ncil's go by o ss and howkthe Commission could make recommendations to support or
add to their proce -
Commissioner Weir wanted to eliminate, he lunch expensefrom the retreat, and save the money for the budget.
The Commissioners disbussed and decided`t eliminate
t at•e pense.
NEW BUSINESS
Water Sub-committee Upd t
Commissioner Gouldm veil to accephtlte Water Committee .sub-committee minutes as stated.
The motion was seeonrled•by Commi ser Weir.
Voice Vote: All Ayes. Thtion-passed with a unanimous vote.
Commissioner Weir summarized the main topics:
• Funding for the half-time water conservation position
• Julie Smitherman to present a water usage report to the Commission
• Focus on a Spring Grey Water Event
• Adopt-a-Drain Program
• Proper Car Wash Procedures
The Commissioners discussed the half time position and their concern for not filling the job, and the City still maintaining a 5% reduction of
water usages in the next few years. Lee Tuneberg answered questions regarding water rate revenue, explaining the funds stay within the
department unless it is not utilized, then they go into the ending fund balance. Commissioner Weir stated the sub-committee would like to
request the Conservation Commission write and communicate with the City Administrator the importance of filling the half-time position.
Commissioner Weir asked the Conservation Commission recommend to the City Administrator the half time position be filled in order to
continue working towards the 5% reduction goal of the Water Master Plan keeping this a priority. Lee explained they may want to wait until
after the retreat, there might be more items to consider. The Commissioners agreed.
The Commissioners discussed each main topic to have a better understanding of each topic. They discussed how the Commission
could/would support the projects. Commissioner Weir encouraged the members to attend the sub-committee meetings.
OLD BUSINESS
City Operational Sustainability Plan Sub-Committee Status Update
Commissioner McGinnis reported at their last meeting they talked about what strategies they could suggest for sustainability City
practices. Adam briefly summarized the paper in the retreat packet for the framework, plan format & process outline on the
Operational Sustainability Plan. Target Date: June 2013, subject to resources. Commissioner McGinnis reminded the Sustainable
Operational Plan is just a beginning to become part of the system.
Chairperson Beam reminded the Commission that the City Administrator was planned to attend their meeting in January. He
believed it would a good idea to optimize his time with them, by preparing planned items on that agenda for discussion.
QUARTERLY LIAISON REPORTS
RECOLOGY:
Commissioner Buck reported:
• Jackson County achieved the 8`h highest diversion rate (48%) in the state for 2,Q11 "m Francisco had achieved an 80% diversion
rate. Commissioner Gould inquired about Jackson Counties goals for the year- l0fi
• Discounted Bags-City of Ashland sold 165 sets of 5 bags at the discounted M es, the Commission paid for 62 sets.
• First Leaf drop off was November 11, filled six (6) 25 yard boxes of le . '[.he second drop will be December 2 and the last will
be December 16 It.
• Adopted Blue Bird Park, weeding and mulching and taking car Z
• North Mountain Park, mosaic working on with Sue Springer ma rom all recycled ma etial.
• Up-coming projects: Mattress recycling, glass recyclinVIVk.at;no AaMs egetable oil at transferr stat,'ion
• Grants Pass is the new location for co-mingled products avel to Clackamas
• Christmas trees recycling will be added to Green Debris charge
Continuing to work with the compost area at the recycling center'~ hoping lo,fnistuby June 2013
Commissioner Buck showed the Commission two (2)' cpnd ads promotin -yaste and prescription drug drop off boxes.
The members inquired if these could be linked to Cone I U~n Web page and requested Adam to embed the two videos into the Conservation
Commission web site. Commissioner McGinnis asked ab `u~`, ecolbg ' goal and/or` ehning of zero waste. She explained the City
determines what that means, and Recology follows that direr qn.
Southern Oregon Sanitation, Rogue Dip al and ecology Ashland Sanitary ervibe~are the t `reerservices available in
the Rogue Valley. The cities rely na C$e wastethaulers to providdeeahe m4jonty oo centives, education, and diversion.
Commissioner Beigel-Coryell arm n ed SOU was, `i blighted in a video for their renewable energy commitment, Adam will send out
the link, that is located at the SOU web; ite
COUNCIL LIAIS-OAT" ORTS
Set aside.
OTHER BUSIN SS FROM COMMISSIO ERS NOT ON AGENDA
ADJOURNMENT
The meeting was adjoume at 8:00.
Respegfiid(y submitted by:
Mary McClary
Administrative Assistant for Electric, elecommunication
and the Conservation Department.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the
Community Development office at 541-488-5305 (TTY phone number is 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 TWO).
CITY OF
ASHLAND
CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
November 13, 2012
CALL TO ORDER
Chair Melanie Mindlin called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street.
Commissioners Present: Staff Present:
Troy J. Brown, Jr. Bill Molnar, Community Development Director
Michael Dawkins Maria Harris, Planning Manager
Eric Heesacker Michael Pina, Assistant Planner
Pam Marsh April Lucas, Administrative Supervisor
Debbie Miller
Melanie Mindlin
Absent Members: Council Liaison:
Richard Kaplan Mike Morris
ANNOUCEMENTS
Commission Chair Mindlin announced the applicants for 180 Nutley (PA-2012-01414) have requested the public hearing be
postponed. The hearing will take place on December 11, 2012.
Community Development Director Bill Molnar announced Councilor Morris is the Planning Commission's new council liaison. He
also noted the City Council passed first reading of the Housing Needs Analysis and second reading will take place on November
20, 2012.
CONSENT AGENDA
A. Approval of Minutes.
1. September 25, 2012 Study Session.
2. October 9, 2012 Regular Meeting.
Commissioners Miller/Marsh m/s to approve the Consent Agenda. Voice Vote: all AYES. Motion passed 6.0.
PUBLIC FORUM
No one came forward to speak.
UNFINISHED BUSINESS
A. Approval of Findings for PA-2012-00899, Ashland School District Properties.
Ex Parte Contact
No ex parte contact was reported.
Commissioners Marsh/Dawkins m/s to approve the Findings for PA-2012.00899. Roll Call Vote: Commissioners Brown,
Dawkins, Heesacker, Marsh, Miller and Mindlin, YES. Motion passed 6-0.
Ashland Planning Commission
November 13, 2012
Page 1 of 6
TYPE II PUBLIC HEARING
A. PLANNING ACTION: #2012.01321
SUBJECT PROPERTY: 622 Drager
APPLICANT: Gil Livni
DESCRIPTION: A request for a Solar Access Variance for the property located at 622 Drager Street. The property to
the north is under the same ownership and has agreed to the proposed shading. COMPREHENSIVE PLAN
DESIGNATION: Single Family Residential; ZONING: R-1-5; ASSESSOR'S MAP#: 39 IE 14BB; TAX LOT 1300.
Commissioner Mindlin read aloud the public hearing procedures for land use hearings.
Ex Parte Contact
Commissioners Miller, Heesacker, Dawkins, Mindlin and Marsh reported site visits. Commissioner Dawkins stated he also
reviewed the planning action files for this property.
Staff Report
Assistant Planner Michael Pina stated the proposal before the Commission is a solar variance request for the property located
at 622 Drager. He explained in 2006-2007 the Planning Commission and City Council approved the outline plan for an 18-unit
residential subdivision, and during that process a condition was added that stated all new parcels must be designed to meet
solar setback standard'A'. Following approval of the application, the subdivision was foreclosed upon and a new owner is now
constructing the homes. Mr. Pina noted that while a solar variance can be approved at staff level, staff felt that because this
condition was added by the Planning Commission the variance request should be brought before this group.
Mr. Pina reviewed the existing site conditions and displayed the elevation cross sections of home proposed for Lot 16. He
clarified the lot is too narrow to comply with solar setback standard'A' with the house as proposed, and the applicant's have
requested a variance to this condition. He added in order to comply with the solar requirement as written, the applicant's would
need to construct a single story home with a maximum eave height of 8.56 ft. and a roof peak of 16.96 ft. above natural grade.
Mr. Pina outlined the approval criteria for a solar variance request: 1) the variance does not preclude the reasonable use of
solar energy on the site by future buildings, 2) the variance does not diminish any substantial solar access which benefits a
habitable structure on an adjacent lot, and 3) there are unique or unusual circumstances which apply to this site which do not
typically apply elsewhere. He explained that while staff believes a single story home could be designed to accommodate the
solar conditions placed on the lot, the proposed home does mitigate the impacts of the solar variance to the adjacent lot and will
primarily shade the garage of the adjacent house.
Applicant's Presentation
Mark Knox, Applicant's Representative and Gil Livni, Property Owner/Mr. Knox handed out an illustration that depicts the
shadow line on the adjacent home (Exhibit #2012-01). Mr. Knox explained Mr. Livni purchased this property in foreclosure and
is trying to move forward with this subdivision, however mistakes were made when the subdivision was originally created. He
went on to say that the previous applicants did not address all of the City's criteria and this particular lot was approved at only
51 ft. wide, and is also a corner lot which comes with greater setback requirements. Mr. Knox added the previous applicant's
failure to present a shadow plan when this lot was first created has resulted in them needing to come back before the
Commission for a solar variance.
Mr. Knox explained the street grade determines the foundation level of a house and since this particular lot slopes 2%, it has
forced them to raise the foundation level and therefore impacts the height of the roof. He went on to explain that they have
mitigated the solar variance impacts as much as possible by pushing the house as far to the south as possible, have adjusted
the design and height of the roof, and have designed the adjacent house so that only the garage and a small amount of
windowless living space is shadowed. Mr. Knox noted the code allows for solar waivers as long as the three criteria are met and
stated: 1) their proposal does not preclude the reasonable use of solar energy on the site by future buildings because the design
of the south facing wall is such that a large portion is non-habitable and the other portion does not have any windows, 2) the
variance does not diminish any substantial solar access which benefits a habitable structure on an adjacent lot because the
shadow does not go above the roofline and therefore solar panels can still be located on the roof, and 3) this is a unique or
unusual circumstance because this is the narrowest piece of property in the area, it has an east-west orientation, and it is also a
corner lot.
Ashland Planning Commission
November 13, 2012
Page 2 of 6
Mr. Knox brought attention to the self imposed Earth Advantage condition, which the new applicant is going above and beyond,
and stressed that they have gone to great lengths to mitigate the solar access issue for this particular lot.
Questions of the Applicant
The applicant was asked whether they will experience this same problem with other lots in the subdivision. Mr. Knox clarified
they do not foresee having a problem with the other lots, and Mr. Livni explained they have redesigned the homes to better fit
the approved lots. He added the houses they are building are smaller than what was approved, and none of the previous
designs would have worked with the exception of just a few lots.
The applicant was asked to comment further on how this narrow lot came to be. Mr. Knox clarified the design was done by the
previous developer, who is no longer doing business in Ashland, and the City ultimately approved it.
Public Testimony
No one came forward to speak.
Commissioner Mindlin read aloud the email that was submitted by Jay Leighton, 260 Cambridge Street.
Applicant's Rebuttal
Mr. Knox briefly commented on Ms. Leighton's email and stated he is not sure she understands the depth of this application. In
response to her density concern, he clarified the houses that are being built are much smaller than the houses that were
approved. In regards to her comments on the solar variance, he stated they clearly meet the standards and this would not have
been an issue if it would have been addressed up front when this lot was originally created.
Commissioner Mindlin closed the hearing and the record at 8:00 p.m.
Questions of Staff
Mr. Molnar commented on the solar requirement that was placed on this subdivision and stated it is too harsh to say the
Planning Commission erred in approving this lot. He explained the solar ordinance asks applicants to make sure that when you
are designing lots that the south to north dimension is long enough that based on the slope you can have a 21 ft. high shadow
producing point in the middle of the lot. He added the ordinance does not require this, but it is strongly recommended. If an
applicant chooses to not design a lot in this manner, the City can flag the lot to alert future property owners that they might have
some difficulty designing a home on the lot, which is what was done in this case. Mr. Molnar stated it is not impossible to design
a single story home that would meet the solar access requirements for this lot, but it could result in a home design that is not
consistent with the others in the subdivision, or could require them to sink the finished floor level which could be undesirable.
Mr. Molnar stated staff alerted the original applicants that this would be a difficult lot, and in the end they chose to keep it at 51
ft, and so in accordance with the ordinance this condition was added.
Staff clarified this variance request only applies to 622 Drager; it does not change the conditions of the entire subdivision. It was
also clarified that approval of this solar variance would be listed on the deed of the home to alert future home buyers.
Commissioner Mindlin reopened the record and hearing to allow the applicant to rebut new information.
Mark Knox/Clarified the applicants are not requesting a blanket variance for the entire subdivision, just this particular lot, and
stated a solar envelope could have been adopted with the original application that would have allowed the shadow to extend
much further than what they are proposing. In terms of the future property owners, Mr. Knox clarified Mr. Livni already has
buyers for these two lots; they are friends and are aware of this issue.
Commissioner Mindlin closed the record and the public hearing at 8:17 p.m.
Ashland Planning Commission
November 13, 2012
Page 3 of 6
Deliberations and Decision ,
Commissioners Brown/Miller m/s to deny the application. DISCUSSION: Commissioner Brown stated he is comfortable
with the constraints as originally proposed and is uncomfortable taking away the solar rights for future property owners. He
added it is possible to build a house that meets the solar requirements as originally imposed. Commissioner Marsh stated she
will oppose the motion and believes the applicants meet the variance criteria. She added with small lot development, which the
Commission endorses, these types of requests are inevitable. Commissioner Dawkins noted his concern that this issue will
resurface with other lots in this development. Commissioner Mindlin voiced support for the denial and stated the applicant's
proposal clearly shadows the adjacent home. She added just because the current buyer does not care does not mean future
buyers would give their consent. Roll Call Vote: Commissioners Brown, Miller, and Mindlin, YES. Commissioners Marsh,
Heesacker, and Dawkins, NO. Motion failed due to tie.
Commissioner Marsh commented that it is difficult to guess what the future home owners will want, and stated if this is an issue
for them they can choose to purchase a different house. She recommended the commissioners focus their decision on the
approval criteria for the application before them. Commissioner Heesacker agreed. He stated the current buyers understand
and are comfortable with this, and if someone else has a problem they can move on and view another house. Commissioner
Miller commented that if the property owner were to build a smaller house they would not be facing this problem. Commissioner
Brown remarked that the applicant has not provided adequate information on the impacts to the adjacent lot. He added he
would be willing to reconsider his vote if the applicant could provide an illustration showing the actual shadow produced on the
south wall of the adjacent property to the north.
Commissioners Marsh/Dawkins mis to continue this action to the November 27, 2012 Planning Commission meeting.
Voice Vote: all AYES. Motion passed 6-0.
B. PLANNING ACTION: #2012-01414
SUBJECT PROPERTY: 180 Nutley Street
APPLICANT: PowerPlus Building/Christer Chedderoth
DESCRIPTION: A request for a Minor Land Partition to create two parcels, the existing single family residence
would remain at 180 Nutley Street and the new accessory guest house would be converted to a single family
residence on Scenic. The request includes a Variance to the rear yard setback to reduce the required setback from
20-feet to 101h feet. The applicant is also requesting an Exception to the Street Standards to not install sidewalks
along Scenic Drive. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5;
ASSESSOR'S MAP#: 39 IE 108AD; TAX LOT 5600.
Per applicant's request, the public hearing was postponed to the December 11, 2012 Planning Commission meeting.
DISCUSSION ITEMS
A. Unified Land Use Ordinance Project - Part II: Zoning Regulations.
Planning Manager Maria Harris provided a presentation on Part II of the Unified Land Use Ordinance Project and reviewed the
proposed amendments for this section.
1) Accessory Residential Units. Ms. Harris clarified the proposed language would make accessory residential units a
permitted use in all zones. Site Review approval would still be required, but this amendment would remove the conditional use
permit requirement.
2) Manufactured Homes. Ms. Harris stated staff has suggested a few changes to ensure our ordinance conforms with the
Oregon Revised Statutes. Suggested changes include deleting the requirement that a home be 28 ft. in width, a change in
wording for exterior building materials, and the maximum height above grade. The requirement to have a garage or storage
building has also been removed and staff is recommended the setback requirements for manufactured housing developments
be amended.
3) Corner Lots in R-1 Zone. Per the 2006 Land Use Ordinance Review recommendation, Ms. Harris stated the minimum width
and lot size requirements for corner lots has been changed to the same standards for interior lots - a minimum width of 50 ft.
and minimum lot size of 5,000 sq.ft.
Ashland Planning Commission
November 13, 2012
Page 4 of 6
4) Minimum Lot Depth in R-1 Zone. Ms. Harris stated the recommendation from the 2006 Land Use Ordinance Review is to
reduce the minimum lot depth to match the minimum lot width.
5) Front Porch Setback in R-1 Zone. Ms. Harris stated per the 2006 Land Use Ordinance Review, the setback has been
made 10 ft. across all zones.
6) C-1 and E-1 Zone Setbacks from Adjacent Residential Zones. Per the 2006 Land Use Ordinance Review, the setback
has been changed to 5 ft. per story.
7) Building Height in C-1 Zone. Ms. Harris stated per the 2006 Land Use Ordinance Review, the height has been changed to
allow structures greater than 40 ft. and less than 55 ft. where the building would be located more than 100 ft. from a residential
zone.
8) Solar Setback Exemption for C-1 Zone. Ms. Harris stated the proposed amendment would exempt the C-1 Zone from solar
setbacks, unless the property abuts a residential zone (per 2006 Land Use Ordinance Review recommendation).
9) Vision Clearance Requirements forC-1-D Zone. Ms. Harris slated currently the C-1, E-1, and CM Zones are exempted
from the vision clearance area requirements. The proposed amendment would add the downtown zone (C-1-D) to that list.
10) Temporary Uses. Ms. Harris stated this recommended change comes from staff. Currently, temporary uses are allowed in
all of the zoning districts with a conditional user permit, but this has been problematic. Staffs suggestion is to exempt temporary
uses from the land use process when it is in the street right of way, and to make short term events on private property a
ministerial permit.
11) Affordable Housing Density Bonus. Ms. Harris stated per the 2006 Land Use Ordinance Review, the affordable housing
density bonus has been increased to 2%.
Ms. Harris commented on the work in progress items that are coming up, including: pervious pavement exemption, clarification
of percentages for mixed-uses in multiple buildings, distance between buildings in multi-family zones, and the use table. She
concluded her presentation by listing the next steps, and clarified this will come before the Commission again at their November
27, 2012 meeting.
Questions of StafflCommission Discussion
Several questions were posted to staff, including:
• Why are duplexes only allowed in the R-1 Zone?
Ms. Harris clarified you can build a duplex in R-2 and R-3 Zones, and stated the uses table could better clarify this by
indicating a "P" in those zones. Additional comment was made suggesting if a particular use is not allowed, there
should be an "N" on the table instead of leaving it blank.
• Why are residential care facilities not allowed in the R-2 Zone?
Ms. Harris replied that this is how it is in our code now.
• Why are club lodgestfratemal organizations and daycares not allowed in employment districts?
Mr. Molnar stated his recollection was that uses in the commercial and employment zones should focus on businesses
that have 10 employees or more per acre, and believes this is where this language stemmed from. He added now that
these zones have been built out it could be appropriate to reconsider some of these uses.
• Why are private recreational uses and facilities not allowed in R-2 and R-3 Zones?
Ms. Harris clarified this is for the same reasons mentioned by Mr. Molnar; recreational facilities are typically large and
do not have very many employees.
Ms. Harris commented that they could consider simplifying the uses table, however staff would like specific direction from the
Commission if this is what they would like to do. She added if you have fewer uses and make them broader, this could raise
concern among the general public that they are changing the uses to be too flexible. Several commissioners voiced their
Ashland Planning Commission
November 13, 2012
Page 5 of 6
support for retaining the longer list of uses. Staff directed the Commission to email their specific comments and suggested
changes to staff so that they can be researched and considered.
Comment was made suggesting the following language be added to Drive-Up uses on page 2-24, "The number of drive up uses
shall not exceed the 12 in existence" so that it is clear the City has a limitation on this.
Commissioners HeesackerlMarsh m/s to continue meeting to 10:00 p.m. Voice Vote: all AYES. Motion passed.
Ms. Harris was asked to bring the following three items back for further review and discussion at their next meeting: ARUs, C-1
and E-1 Zone Setbacks from Adjacent Residential Zones, and Building Height in C-1 Zone.
B. Proposed Changes to Unified Policies and Procedures for City Commissions and Committees.
Mr. Molnar briefly described the three options provided by the City Recorder and City Attorney and the Commission held
general discussion. Several commissioners commented that the options presented do not appear to reflect the input they have
provided.
Section 2.10.025: Meeting and Attendance
Several commissions voiced their support for Option 3. Per previous discussions on this topic, the Commission noted their
support for an annual attendance rate (as opposed to a 6-month period); removing the excused versus unexcused language;
and adopting a flat attendance percentage of 75% or 80%. The general consensus of the group was that since Options 1 and 2
does not reflect the Commission's desire, Option 3 would be the preferred choice and would allow them to adopt their own
attendance standards each year,
Section 2.10.040: Quorum and Effect of Lack Thereof
The Commission voiced their support for Option 3, which defines a quorum as more than one-half of the current members of the
body, not including any vacant positions.
Section 2.10.050: Election of Officers, Secretary and Subcommittees
It was clarified that this section contains the same language in all three options.
Commissioners MarshlHeesacker mis to recommend Council's adoption of Option 3. Voice Vote: all AYES. Motion
passed 6-0.
ADJOURNMENT
Meeting adjourned at 10:00 p.m.
Ashland Planning Commission
November 13, 2012
Page 6 of 6
CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
SPECIAL MEETING
MINUTES
November 27, 2012
CALL TO ORDER
Chair Melanie Mindlin 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
Richard Kaplan Maria Harris, Planning Manager
Pam Marsh Michael Pina, Assistant Planner
Debbie Miller April Lucas, Administrative Supervisor
Melanie Mindlin
Absent Members: Council Liaison:
Troy J. Brown, Jr. Mike Morris
Eric Heesacker
ANNOUCEMENTS
Commissioner Kaplan announced he has reviewed the meeting video and packet materials for the 622 Drager hearing and is prepared
to participate in the continued hearing tonight.
Community Development Director Bill Molnar commented on the two handouts that were distributed: 1) a flyer from Rogue Valley
Council of Governments (RVCOG) regarding Planning Commissioner Training on February 20, 2013, and 2) a booklet on Sustainable
Street Network Principles.
Commissioner Marsh suggested the February study session be cancelled and for commissioners to attend the RVCOG training
instead.
PUBLIC FORUM
No one came forward to speak.
TYPE II PUBLIC HEARING
A. PLANNING ACTION: #2012.01321
SUBJECT PROPERTY: 622 Drager
APPLICANT: Gil Livni
DESCRIPTION: A request for a Solar Access Variance for the property located at 622 Drager Street. The property to the
north is under the same ownership and has agreed to the proposed shading. COMPREHENSIVE PLAN DESIGNATION:
Single Family Residential; ZONING: R-1-5; ASSESSOR'S MAP#: 39 IE 14BB; TAX LOT 1300.
Commissioner Mindlin read aloud the public hearing procedures for land use hearings.
Ex Parte Contact
Commissioner Dawkins reported a site visit. No ex parte contact was reported.
Staff Report
Assistant Planner Michael Pina explained this is a continuation of the hearing from the November 13, 2012 Planning Commission
meeting, at which the applicant was asked to submit a revised drawing showing the shadow produced by the proposed home to the
south. Mr. Pina noted the requested illustration is included in the packet materials and depicts the shadow displayed on a summer
solstice eve.
Ashland Planning Commission
November 27, 2012
Page 1 of 4
Applicant's Presentation
Mark Knox/485 W Nevada/Noted the additional drawings that were provided and stated if the Commission bases their decision on the
criteria he is confident they will vote in favor of this request. Mr. Knox commented further on the criteria and stated: Criteria #1 -
18.70.060.B.2(a): No expansion of the buildings are planned and what they see is what will be built; Criteria #2: 18.70.060.B.2(b): The
shadow falls on the garage wall, which is not heated space, and hits the back of the garage where there is an office with no windows.
He added there will be no thermal loss whatsoever; and Criteria #3: 18.70.060.B.2(c): There are unique and unusual circumstances
regarding this lot. It is a 50 ft. wide comer lot that has extra setback requirements, and they believe the creation of this lot was an error
made at the original planning stage.
Patrick May/Stated he is the designer of the homes in the subdivision and displayed a 3D illustration for the homes. Mr. May explained
this development was conceived as a cohesive project and a lot of attention was given to the massing and building envelopes and how
they relate to each other. He noted where the shadow would hit the adjacent home and clarified the shadow will not impact the thermal
performance of that house.
Mr. Knox concluded his presentation and urged the Commission to focus on the criteria for the request before them.
Questions of the Applicant
The applicant was asked to address the reason for the proposed roof height. Mr. May explained if they were to change the roof pitch
any further it would be more of a ranch style home, instead of the craftsman style of the rest of the development. Mr. Knox stated this
house is small and very limited on its lot, and added the roof would be at the same height even without a second story, but it would
have been wasted attic space. Mr. May clarified they have lowered the roof pitch height as much as possible and stated they have
done everything they can to make this work.
The applicant clarified the square footage of the house requesting the variance is just under 2,000 sq.ft.
Public Input
No one came forward to speak.
Questions of Staff
Staff was asked to comment on the applicant's assertion that a mistake was made in allowing this lot to be created. Mr. Molnar stated
he does not agree with the claim that this was an error. He explained the solar access ordinance clearly states that lots shall be created
that allow for a 21 ft. high shadow producing point in the middle. The next paragraph of the ordinance states if the applicant chooses
not to do that, the City places an envelope on the property essentially flagging that this will be a difficult lot to build a two-story home
on. Mr. Molnar briefly commented on the testimony and discussion that occurred at the original public hearing and clarified most of the
testimony was regarding the bath house, geothermal inventories off the property, the wetlands area, traffic, and proximity to the
elementary school.
Mr. Molnar clarified the option of pursuing a solar variance is always on the table. He also thanked the design team for their thoughtful
consideration of the relationship between the homes.
Applicant's Rebuttal
Mark Knox/Commented that 21 units were allowed on this property and only 18 homes are proposed. He also commented that that the
City should look into how to achieve density and creative design while still meeting market demand.
Patrick May/Thanked staff for the recognition that significant thought has been put into how these lots relate to each other, what the
intent of the solar setback is, and how it affects the relationship of these houses. Mr. May stated they knew going in that this lot would
be a difficult lot for the development and believes they have been successful in creating a family home that fits on the lots and fits in
with the surrounding neighborhood. He clarified they are not trying to maximize the building footprint and instead are 10% under the
maximum allowed footprint and did so in order to retain outdoor space for the homeowners.
Commissioner Mindlin closed the record and the public hearing at 7:52 p.m.
Ashland Planning Commission
November 27, 2012
Page 2 or 4
Deliberations & Decision
Commissioners Dawkins/Marsh m/s to approve PA-2012.01321. DISCUSSION: Commissioner Dawkins voiced his opinion that this
development does not fit in with the Quiet Village neighborhood and noted he raised this concern when this subdivision was first
approved. Regarding the solar ordinance, he appreciates Commissioner Brown's argument that they should be considering future
owners of the property, however that is not part of the approval criteria. He added he believes there will be a similar problem with
another lot in this development. Commissioner Marsh stated there were a number of factors with the original proposal and in the end
they got a lot that was oddly sized and they flagged it appropriately. In any instance, she stated the application for a solar variance is
always an option and believes they have met the criteria and should be granted the variance. Commissioner Miller stated this is a good
lesson for the Planning Commission that they need to do a better job of making sure lots meet the standards before they are approved.
Commissioner Kaplan voiced his support for Marsh's comments. He stated their decision should be based on the criteria and he
believes it has been met, and stated the other issues being discussed should not cloud their decision. Commissioner Mindlin voiced
concern with the alternative interpretation of the solar ordinance being discussed and stated she does not believe only the roof matters
and that solar capabilities should be maintained for south facing windows as well. She stated Commission Brown made a good point at
the last hearing about protecting future buyers and stated it is disconcerting to her that people continue to design homes that do not
take advantage of passive solar; however they do not have anything in place to discourage this at present time. Roll Call Vote:
Commissioners Dawkins, Kaplan and Marsh, YES. Commissioners Miller and Mindlin, NO. Motion passed 3.2.
Commissioner Dawkins voiced his support for Mindlin's comments and stated it might be time to consider changing the criteria.
A short recess was held and Pam Marsh was acknowledged for her time on the Commission.
Commissioner Dawkins voiced support for cancelling the February study session and having the Commission attend the RVCOG
training instead. Staff clarified there may be too many items on their docket to cancel and they will need to check the schedule.
DISCUSSION ITEMS
A. Unified Land Use Code Project.
Review of Part 111: Special Districts:
Planning Manager Maria Harris provided a presentation on Part III of the Unified Land Use Ordinance Project and reviewed the
proposed amendments for this section.
1) Affordable Housing Density Bonus. Ms. Hams stated per the 2006 Land Use Ordinance Review recommendations, the density
bonus has been increased to 2%. She added staff will be attending the Housing Commission's January meeting and they will talk with
them about this and see if they have any further input. Commissioner Marsh questioned if they should consult with the development
community to make sure this incentive is adequate and Ms. Harris clarified they can bring this forward to the focus groups.
Commissioner Dawkins expressed concern with only one-bedroom units being built as affordable units. Additional concern was raised
that the ordinance that prohibits this practice only applies to annexations and not infill developments.
Ms. Hams clarified the remaining six amendments are technical adjustments.
2) Exception to the Street Standards. Ms. Harris stated this is an existing exception and staff is recommending the addition of
performance measures for transit, bicycle, and pedestrian facilities to help the commission in their determination of whether "the
exception will result in equal or superior transportation facilities and connectivity".
3) Lot Coverage in Subdivision Using the Performance Standards Option. Ms. Harris explained historically lot coverage is
calculated for each individual lot or for the entire site, but this is not explicitly stated in the ordinance. The proposed amendment would
make this practice clear.
4) Hillside Development Building Step-Back. Ms. Harris clarified the proposed amendment clarifies that decks that project out from
the building do not qualify as the required building step back.
Ashland Planning Commission
November 27, 2012
Page 3 of 4
5) Upper Story Projections into Water Resource Protection Zone. Ms. Harris stated the proposed language specifies that the
upper stories of the building, including decks, shall not project beyond the building footprint over the Water Resource Protection Zone.
6) Moving and Vegetation Thinning in Wetlands for Fire Prevention. Ms. Harris stated the proposed amendment allows going
beyond the perimeter and into the wetland if the vegetation removal is part of an approved wetland mitigation plan or if it can be
demonstrated that there will not be removal of native vegetation.
7) Tree Protection Fencing in Water Resource Protection Zones. Ms. Harris clarified the proposed language allows temporary
fencing for tree protection when it is required in conjunction with a development.
The Commission held general conversation on Part III of the Unified Land Use Code. Commissioner Marsh suggested the zoning maps
be included in this section since they are essential for comprehending the text. She also voiced support for the way the Croman land
use regulations are listed and suggested this format be used elsewhere. Commissioner Mindlin questioned the building separation
language on pg. 3-55 and whether this standard is meaningful and useful. She also commented on pocket neighborhoods and stated
some minor changes to the performance standards code could provide the pathway to accomplishing this, specifically, extending the
concept of pedestrian access into residential zoned lands and increasing density requirements in pedestrian access neighborhoods
based on lot coverage. General support was voiced for pursuing Mindlin's suggestions to promote pocket neighborhoods.
Continued Discussion of Part H. Zoning Regulations:
Ms. Harris noted there were three issues from the last meeting that the Commission wanted to discuss further: 1) Accessory
Residential Units, 2) C-1 Building Height, and 3) C-1 and E-1 Setbacks from Residential Zones.
Accessory Residential Units
Ms. Harris clarified the proposed amendment would make accessory residential units (ARUs) a permitted use in all zones. Site Review
approval would still be required, but this amendment would remove the conditional use permit requirement. Commissioner Miller voiced
concern that residents who were opposed to an ARU would have less opportunity to voice their concerns. Staff clarified residents
would still be notified and given opportunity to comment before a decision is made. Commissioner Marsh stated the City desires these
types of units and the site review process will give protection to neighbors. Commissioner Miller stated she is still hesitant to this
change but no other opposition was voiced to the ARU amendment.
C-1 Building Height
Ms. Harris clarified the proposed amendment allows structures greater than 40 ft. and less than 55 ft. where the building would be
located more than 100 ft. from a residential zone, and displayed a map of where this could occur. General support was voiced for this
amendment.
C-1 and E-1 Setbacks from Adjacent Residential Zones.
Ms. Harris stated staff is recommending a standard side yard setback of 5 ft., and a rear yard setback of 10 ft. for the first floor and then
a 10 ft. setback for everything above. Commissioner Mindlin suggested creating an exception based on underground parking, and
Commissioner Dawkins voiced concern that underground water will pose a problem for those wanting to pursue underground parking.
ADJOURNMENT
Meeting adjourned at 9:35 p.m.
Ashland Planning Commission
November 27, 2012
Page 4 of 4
ASHLAND TRANSPORTATION COMMISSION
MINUTES
October 25, 2012
CALL TO ORDER
Chair David Young called the meeting to order at 6:00 p.m. in the Civic Center Council Chambers, 1 175
East Main Street.
Commissioners Present: Tom Burnham, Mike Gardiner, Shawn Kampmann, Corinne Vieville, and
David Young
Commissioners Absent: Pam Hammond
Council Liaison: David Chapman
Student Liaison: Honore Depew
Ex Officio: Steve MacLennan
Staff Present: Scott Fleury and Jodi Vizzini
APPROVAL OF MINUTES
Commissioners Gardiner/Vieville m/s to approve the September 27, 2012 minutes. Voice vote: all
AYES. Motion passed 5 - 0.
PUBLIC FORUM
Brent Thompson/582 Allison/Referred to a plan for diagonal parking on `B' St. that was done
unofficially by the engineering department 15 years ago. He stated this design has been successful in
other cities and felt that back-in diagonal parking would work on `B' St. near the Ashland Co-op. He
requested the Commission put the idea on a future agenda for discussion.
ACTION ITEMS
A. Request for Stop Sign at Eighth St. and `B' St.
Gary Foll/925 `B' St./Voiced concern over the number of accidents and near-misses that have occurred
at the corner of Eighth and `B' streets in the last few years. He stressed the speed at which vehicles travel
on `B' St., the lack of stop signs slowing traffic, and the poor visibility due to trees and where the stop bar
is placed on the road were all factors. He requested improvements be made to this intersection. Additional
photos were provided.
Staff Report
Scott Fleury reported the recent traffic study indicated a decrease in traffic from the 2006 study. He
acknowledged the sight distance was an issue and briefly described the conclusion of a recent sight
distance study as the Commissioners reviewed photos of the intersection. Staff recommended removing
trees in the sight triangle; installing a new striped crosswalk with a stop for pedestrian sign; and installing
a new stop bar in front of the crosswalk.
Commissioner Ouestions/Comments
• Commissioners discussed whether or not the sight distance/vision clearance was an issue at the
intersection. A comment was made that the trees near the intersection could be trimmed.
• Suggestions were made to implement signage and other traffic calming measures to alert
motorists of the upcoming intersection.
Suggestions were made for a uniform set of stop bars in front of the crosswalks along `B' St.
• Concern was voiced for vision impaired pedestrians at crosswalks where cars will be entering to
move up to the sight line.
• Comments were made regarding the speed of vehicles traveling on `B' St.
• Suggestion was made for some kind of uniformity at intersections along `B' St. causing traffic to
slow, e.g. roundabouts, speed bumps and intersection bump outs.
Transportation Commission
October 25, 2011
Page I of 4
Commissioners Burnham/Kampmann m/s to approve staff's recommendation to make
improvements on the north side of Eighth St. at the `B' St. intersection as shown in the diagram
which would place the stop bar in front of the crosswalk. DISCUSSION: Commissioner Gardiner
questioned if staff was convinced that traffic heading in the direction illustrated in the diagram was the
only problem. He felt traffic coming from both directions on `B' St. should have consistent crosswalks
with stop bars as provided in the diagram.
Commissioners Gardiner/Burnham m/s to amend the motion to include improvements on both
sides of the intersection on Eighth St. where it intersects `B' St. By a show of hands the motion
passed unanimously (5 - 0).
Commissioners voted on the main motion. By a show of hands the motion passed unanimously (5 -
0).
B. `B' St. and Second St. Sight Distance Analysis
Staff Report
Mr. Fleury described his recent site visit of the `B' and Second St. intersection prompted by
Commissioner VieviIle's request at a previous meeting. He reported at the time of the site visit a very
large vehicle was parked at the ramp of the crossing, making it impossible to see oncoming traffic at the
intersection. He recommended installing a new four-way striped crosswalk with the stop bar located in
front of the crosswalk; six (6) feet of yellow curb striping adjacent to the ramps to keep cars from parking
too close to the crosswalks; and installation.of three new handicap ramps.
Commissioners Burnham/Vieville m/s for Public Works staff to do the recommended treatment at
`B' & Second streets as outlined in the Sight Distance Analysis memo. By a show of hands the
motion passed unanimously (5 - 0).
C. Bike Registration
Staff Report
Mr. Fleury provided information on the number of bicycle licenses issued in the past five (5) years. He
added the City policy was featured in an article in the City Source. He asked for input from the
Commission on what can be done to encourage more people to register their bicycles.
s
Suggestions from Commissioners included an online registration and removing the $2.00 fee.
Officer Steve MacLennan reported that an online registration is in the process of being implemented. He
added the Police Chief intends to meet with the City Administrator and discuss removing the $2.00 fee
from the Ashland Municipal Code. He felt it is important to issue stickers with the registration as stolen
bikes are recovered with the stickers intact, making it easier to identify the owner. He suggested local
bike shops be required to register and issue stickers with new bike purchases and repairs.
Honore DePew suggested framing the issue in terms of self-interest instead of enforcing a municipal code
and he felt educating the public and partnering with RVTD would be beneficial.
It was determined a motion was unnecessaryfor this agenda item.
D. Ashland Municipal Code 2.10 Update
Staff Report
Mr. Fleury briefly outlined the three options of Ashland Municipal Code 2.10 which were included in the
Transportation Commission packet. He added Council and the Legal department were looking for
feedback from the various Commissions.
Transportation Commission
October 25, 2012
Page 2 of 4
The Commission discussed the importance of being physically present at meetings and the option of
attending a meeting via a conference call or other means of technology when available. Disabilities and
emergencies were discussed as reasonable options for attending via other means if not physically able to
attend. A lengthy discussion took place on determining a reasonable amount of excused absences within
six months and over the course of a year, quorum issues and recent Commission vacancies.
Commissioners Gardiner/ Burnham m/s to adopt Option Two, changing the language in paragraph
one from "shalls" to "may" similar to paragraph one in Option One; and correct the typo in the
underlined sentence from "unexcused" to "excused." DISCUSSION: Commissioner Vieville
questioned the language to include electronic attendance. Commissioner Young replied it would be at the
Commission's discretion acknowledging the potential need to allow this form of attendance based on
Commissioner Viitville's vision impairment. By a show of hands the motion passed unanimously (5 -
0).
E. Commission Open Discussion
Mr. Fleury expressed interest in having an open discussion time on the monthly agenda allowing
Commissioners an opportunity to bring up future topics. The Commission was in favor of the idea and
shared the following comments/questions:
• Will there be a review and report on the post office intersection? Answer: Yes, the traffic
engineer will be looking at the Lithia WayfFirst St. intersection along with the Water .Si./Main St.
intersection.
• Can we include comments/suggestions on the Road Diet in this format? Answer. Yes.
• A comment was made that the center striping on Crispin St. needs to be checked out. The quality
of the job is poor.
• What is the progress on the Campus Way crosswalk? Answer: The lights were scheduled for
installation today; the crosswalk will follow.
• A comment was made that the Action Summary indicates the "Crosswalk on `A' St." project is
complete, yet there is no crosswalk on `A' St.
• It was acknowledged that Councilor David Chapman had tuimed in his resignation from the City
Council. Commissioners shared their appreciation for his service in the area of transportation
related issues. Commissioners shared their support in his interest of being appointed on the
Transportation Commission.
NON ACTION ITEMS
A. N. Main/Ilersey/Wimer Intersection Realignment Update
Mr. Fleury shared the realignment project is ninety-nine percent complete. He briefly covered the issue of
large trucks hitting the curb while making a left hand turn onto Hersey and added the solution will be the
installation of a 25 foot mountable curb section.
B. Walker Ave Rail Crossing Improvements
Mr. Fleury. reported that engineers started the design of the rail crossing. He added the project is
scheduled to start construction in 2014, pending the railroad.
C. Road Diet Striping Project
Officer. MacLennan gave a report on newly restricted left-hand turns onto Van Ness St. following the
completion of the road diet striping project. He shared he has received multiple complaints of ongoing
left-hand turns on Van Ness St. He added in a two (2) hour time period, there were 38 recorded stops of
vehicles making a left-hand turn onto Van Ness St. He stated only warnings were being issued at this
point. He felt better signage and/or candlesticks were necessary to get drivers attention to the change.
The Commissioners discussed other troublesome intersections post the new striping on N. Main St., e.g.
Transportation Commission
October 25, 2012
Page 3 of 4
Maple St., and the driveway into Stone Medical (making a left turn heading north). It was noted that
vehicles are-going faster at the Maple St. intersection to make the light before it turns red. A brief
discussion took place on the seemingly lengthy pedestrian crosswalk time at the Maple St. intersection,
causing cars to stack. Comment was made on the stack-up at the Laurel St. intersection.
Several Commissioners shared positive comments on the improvements for both bicycles and vehicles.
D. Main St./ Win burn Way/ Water St. Intersection Analysis
Mr. Fleury reported the contract was finalized with the traffic engineer. He added the traffic analysis will
also include the Lithia Way/First St. intersection near the post office.
F. Traffic Crash Summary
Officer MacLennan gave a report on a bike accident on-Walker Ave. at Sterling Bank. He shared the
cyclist was in the bike lane but was still at fault. Commissioners asked Officer MacLennan scenario
questions with bikes and vehicles at different areas throughout the City. A suggestion was made to
include bicycle education information as a topic on a future agenda. Mr. DePew shared the City of Ft.
Collins, Colorado has an effective campaign reaching a broad audience, and encouraging cycling courtesy
and safety. He added he will send the website link for the campaign to staff.
INFORMATIONAL ITEMS
Action Summary
Did not review. Informational item only.
TC Budget
Did not review. Informational item only.
COMMISSIONER COMMENTS
Commissioners decided to meet on the fifth Thursday in November (29th) due to the Thanksgiving
holiday.
ADJOURNMENT
Meeting was adjourned at 8:15 p.m.
Respectfully submitted,
Jodi Vizzini, Public Works Assistant
Transportation Commission
October 15, 2012
Page 4 of 4
CITY OF
ASHLAND
Council Communication
December 18, 2012, Business Meeting
Resolution Transferring Appropriations within the FY 2012-13 Budget
FROM:
Lee Tuneberg, Administrative Services/Finance Director, tuneberl@ashland.or.us 0*'0-
SUMMARY
Staff has identified the need to transfer appropriations in the General Fund to meet unanticipated needs
and to maintain compliance with Oregon Budget Law. The transfer is necessary to create
appropriation authority for artwork in the Plaza, utilizing restricted monies from Transient Occupancy
Tax proceeds.
BACKGROUND AND POLICY IMPLICATIONS:
There are three ways in which to change appropriations after the Budget is adopted.
1. A transfer of appropriations decreases an appropriation and increases another. This is the
simplest budget change allowed under Oregon Budget law. This does not increase the overall
budget. This is approved by a City Council resolution.
2. A supplemental budget of less than 10 percent of total appropriations within an individual fund
follows a process similar to the transfer of appropriations. This process includes a notice in the
paper prior to Council taking action.
3. A supplemental budget in excess of 10 percent of total appropriations requires a longer process.
This process includes a notice in the paper and a public hearing prior to the council taking
action.
The proposed resolution identifies and authorizes transfers of appropriations (Item #1 above) in the
following Funds:
o General Fund - To Administration Department for Plaza artwork representing funds
held in reserve from Transient Occupancy Tax receipts held for such use $12,410
TOTAL APPROPRIATIONS FROM CONTINGENCY $12,410
This is the SECOND transfer of appropriations request for FY 2012-13.
FISCAL IMPLICATIONS:
Transfers of appropriation do not increase or decrease the adopted budget. Transfers of appropriations
using contingency may cause a reduction in the ending fund balance of each fund having a transfer and
could impact the carry forward balance for the following fiscal year.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends Council approve the proposed resolution.
Page I of 2
C..I
CITY OF
ASHLAND
SUGGESTED MOTION:
I move to adopt a resolution titled "A Resolution Transferring Appropriations within the FY 2012-13
Budget" as presented.
ATTACHMENTS:
Proposed Resolution
Administration transfer request Memo - December 5, 2012
Page 2 of 2
~r,
RESOLUTION NO. 2012 -
A RESOLUTION TRANSFERRING APPROPRIATIONS
WITHIN THE 2012-2013 BUDGET
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Because of the circumstances stated below, the Mayor and City Council
of the City of Ashland determine that it is necessary to transfer
appropriations as follows:
General Fund
To: Administration Department $12,410
From: Contingency $12,410
To Transfer appropriations from Contingency to Administration representing use of the
Transient Occupancy Tax reserved for artwork in the Plaza.
TOTAL
To: Department/Division Appropriations 12 410
From: Contingency 12 41
SECTION 2. This resolution was duly PASSED and ADOPTED this day of
December, 2012, and takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of December, 2012:
John Stromberg, Mayor
Reviewed as to form:
David Lohman, City Attorney
Page 1 of 1
CITY OF
ASHLAND
Memo
DATE: December 05, 2012
TO: Dave Kanner, city administrator
Lee Tuneberg, administrative services and finance director
FROM: Ann Seltzer, management analyst
RE: Request Change in Approved Budget for FY2012-13
This memorandum is to request $12,410 be transferred from the General Fund Contingency to the
Administration Department I 10.0 1.02.00.604 100 to fund the public art element of the Plaza and to
transfer the same amount from the TOT allocation for public art to the General Fund Contingency.
On December 4, 2012, the City Council approved the public art element of the Plaza. This project is a
component of the Plaza redesign approved by the City Council in August of 2012 and therefore was
not specifically identified in the FY2012-13 budget.
Page 1 of 1
12 05 12 Administration memo requesting funds A A I rjoc
Ir,
CITY OF
ASHLAND
Council Communication
December 18, 2012, Business Meeting
Approval of a Contract for Replacement of Sidewalks at Hunter Park
FROM:
Don Robertson, Parks and Recreation Director, don.robertson@ashland.or.us
SUMMARY
This item is for Council to approve a contract with Roxy Ann Rock for $158,677.00 to replace unsafe
sidewalks at Hunter Park.
BACKGROUND AND POLICY IMPLICATIONS:
The sidewalks, stairways, and railings located in Hunter Park, surrounding the Senior Center, Daniel
Meyer Pool, tennis courts, ball fields, and concession stand/restrooms have been identified as safety
issues. This project will repair/replace and remedy these safety issues. Funds for this project are
budgeted within the Parks and Recreation deferred capital improvement fund.
FISCAL IMPLICATIONS:
The overall cost of this project is $158,677.00. The money has been budgeted in FY 13 in the Parks
capital improvement fund and has been outlined in the deferred maintenance costs.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends approval of funds in order to award contract and proceed with construction.
SUGGESTED MOTION:
I move to approve a contract with Roxy Ann Rock for $158,677.00 to replace unsafe sidewalks at
Hunter Park Sidewalk.
ATTACHMENTS:
Bid tabulation form
Page I of 1
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CITY OF
ASHLAND
Council Communication
December 18, 2012, Business Meeting
Liquor License Application
FROM:
Barbara Christensen, City Recorder, christeb@ashland.or.us
SUMMARY
Approval of a Liquor License Application from Valerie Blazer dba The Deli Downstairs at 107 E Main
Street.
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:
Move to approve a liquor license application for Valerie Blazer dba The Deli Downstairs at 107 E.
Main Street.
ATTACHMENTS:
None
Page I of I
~r,
CITY OF
ASHLAND
Council Communication
December 18, 2012, Business Meeting
Public Contract for Safety Training (Public Works & Electric)
FROM
Mark Holden, Electric Utility & IT Director, mark.holden@ashland.or.us
Mike Morrison, Public Works Superintendent, morrism@ashland.or.us
SUMMARY
The Public Works and Electric Departments are intending to award a public contract to Evergreen Job
& Safety Training to provide various OSHA required safety training classes for each department. The
consultant will be conducting safety training classes with each of the departments individually and
conducting two onsite job observations per department each month. The job observations and/or crew
audits are being requested to obtain an outside opinion on the City's safe work practices.
BACKGROUND AND POLICY IMPLICATIONS:
The sourcing method for this procurement is a Competitive Sealed Proposal (Request for Proposal).
The City mailed the RFP to eighteen (18) interested proposers and received three (3) proposals in
response to the City's RFP. The proposals were evaluated and scored by a five-person evaluation
committee in accordance with the evaluation process and criteria outlined in the RFP. Upon the
completion of the evaluation process, Evergreen Job & Safety Training was declared the highest
ranked proposer.
Section 2.50.080 Formal Processes - Competitive Sealed Bidding and Proposals
Except as otherwise expressly provided herein, in addition to the requirements of the Model Rules and
the Oregon Public Contracting Code:
C. The Local Contract Review Board shall approve the award of all contracts for which the
Ashland Municipal Code or the Oregon Public Contracting Code require formal competitive
solicitations or formal competitive bids.
FISCAL IMPLICATIONS:
Funds are budgeted each fiscal year for safety training. (FY 2013 - PW $24,000, Electric $25,000,
AFN $8,000.00)
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends the public contract be awarded to Evergreen Job & Safety Training.
SUGGESTED MOTION:
The Council, acting as the Local Contract Review Board, moves to approve the public contract award
to Evergreen Job & Safety Training.
Page I oft
CITY OF
ASHLAND
ATTACHMENTS:
RFP - Evaluation Summary
Page 2 of 2
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CITY OF
ASHLAND
Council Communication
December 18, 2012, Business Meeting
Appointment to Transportation Commission
FROM:
Barbara Christensen, City Recorder, christeb@ashland.or.us
SUMMARY
Confirm Mayor's appointment of Craig Anderson to the Transportation Commission with a term to
expire April 30, 2014.
BACKGROUND AND POLICY IMPLICATIONS:
This is confirmation by the City Council on the Mayor's appointment to the Transportation
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 Craig Anderson to the Transportation Commission, with a term to
expire April 30, 2014.
ATTACHMENTS:
Application received
Page 1 of I
1r,
CITY OF
ASHLAND
APPLICATION FOR APPOINTMENT TO. .
CITY COA IISSION/COWMTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christebRashlmd.ocus. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name: Craig M. Anderson
Requesting to serve on: Transportation. Commission (Commission/Committee)
Address: 575 Elizabeth Ave., Ashland
Occupation: Planner, Jackson County Phone: Home: 488-0418
Work: 774-6918
Email: craig.ashland@gmail.com
Fax: none
1. Education Backaround
What schools have you attended? Cal Poly San Luis Obispo
What degrees do you hold? B.S., Natural Resources Management
What additional training or education have you had that would apply to this position?
Bicycle Coordinator, City of San Luis Obispo (1991-1993);
Transportation Planner, Jud Consultants, San Luis Obispo (1995-1998);
Senior Transportation Planner, RVCOG, Central Point (1999-2005);
Senior Planner, RVTD, Medford (2005- 2007)
Senior Planner; Jackson County, Medford (2007-present)
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
In addition to the positions listed above, I have been an avid cyclist since 1984. As
Bicycle Coordinator for the City of San Luis Obispo, I worked in both the planning
and public works departments and have over 20 years of experience working closely
with agency staff in these two fields. I've also staffed several transportation
committees, including staff liaison to the City of San Luis Obispo's Bicycle
Committee and staff liaison to the RVCOG Technical Advisory Committee.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why?
Sure. It's always good to hear what others are doing and to keep up on the latest
strategies and thinking.
i
3. Interests
Why are you applying for this position?
I'm interested in contributing to the betterment of Ashland and potentially sharing
some of the knowledge I've accumulated while also learning from others.
4. Availabili
ty
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings?
The currently advertised schedule for the commission will work for me.
5. Additional Information
How long have you lived in this community? September, 1999
Please use the space below to summarize any additional qualifications you have for this
position:
I've very much enjoyed working with Ashland's excellent staff over the years on
projects in association with my work at RVCOG, RVTD and Jackson County. I look
forward to the possibility of improving the dialogue between city staff,
representatives from the Transportation Commission and the public at-large
through serving on this commission. Thank you for your consideration.
~m LZ /Z
Date Signa e
I
CITY OF
ASHLAND
Council Communication
December 18, 2012, Business Meeting
Consideration of Planning Commission Term Completion
FROM:
Barbara Christensen, City Recorder, christcb@ashland.or.us
SUMMARY
This item is for Council to'consider allowing Planning Commissioner Eric Heesacker to complete his
term on the Planning Commission until April 30, 2013, even though he longer lives in the city limits.
BACKGROUND AND POLICY IMPLICATIONS:
Due to the appointment of Pam Marsh to the City Council there is current vacancy on the Planning
Commission. In addition to this vacancy, Eric Heesacker has been forced to move his residence to
Talent, which is more than three miles outside the City limits. Ashland Municipal Code does not allow
for more than 1 member to live more than three miles outside the City limits.
Planning Commissioner Debbie Miller is currently allowed membership and lives outside the city
limits.
Ashland Municipal Code (AMC) Chapter 2.12.010
There is established a City Planning commission consisting of seven (7) members, to be appointed by
the Mayor and confirmed by the City Council, to serve without compensation, not more than one (1) of
whom may reside within three (3) miles outside the City limits. Appointments shall conform to the
legal constraints of ORS 227.030.
ORS 227.030 Membership.
(4) No more than two voting members of the commission may engage principally in the buying,
selling or developing of real estate for profit as individuals, or be members of any partnership, or
officers or employees of any corporation, that engages principally in the buying, selling or
developing of real estate for profit. No more than two members shall be engaged in the same kind
of occupation, business, trade or profession.
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
None
SUGGESTED MOTION:
Motion to allow Eric Heesacker to complete his term to expire April 30, 2013 on the Planning
Commission.
ATTACHMENTS:
None
Page I of 1
CITY OF
ASHLAND
Council Communication
December 18, 2012, Business Meeting
Confidentiality Agreement Concerning Information Submitted by Asante as Part
of Ashland Hospital Affiliation and Lease Negotiations
FROM:
Dave Lohman, City Attorney, david.lohman@ashland.or.us
SUMMARY:
This agreement commits the City to refrain from disclosing confidential documents it receives from
Asante, Ashland Community Health Services ("ACHS") or the Ashland Community Hospital
Foundation ("Foundation") provided to facilitate an affiliation agreement between Asante and ACHS
and a lease agreement between Asante and the City. This commitment is qualified by the express
recognition in the agreement that records which are subject to the requirements of the state public
records law may have to be disclosed.
BACKGROUND AND POLICY IMPLICATIONS:
In the course of negotiations and due diligence analyses to determine if the City, Asante, ACES, and
the Foundation can agree on affiliation and lease terms, Asante will be sharing with the other parties
proprietary trade secrets and other information it deems confidential. The other parties may also share
confidential information with Asante. Under this proposed agreement, all the parties would commit to
refrain from disclosing to non-parties any material deemed to be exempt or excluded from Oregon's
public records law.
In October, 2011, the Council approved the Mayor's signature of a confidentiality agreement covering
confidential material provided to the Council by ACHS in connection with its efforts to find a suitable
entity with which to affiliate. ACHS subsequently signed a separate confidentiality agreement with
Dignity Health. Asante is seeking a similar, but more inclusive and more detailed agreement in which
Asante, ACHS, the Foundation and the City would all be parties.
The proposed agreement recognizes the City's obligation to provide upon request from non-parties any
documents subject to the requirements of Oregon's public records law. The agreement would afford
Asante the opportunity, at its own cost, to argue for non-disclosure of those documents it believes may
be kept confidential pursuant to exemptions or exclusions from the public records law.
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
City Attorney recommends approval of the agreement.
Page I of 2
~r,
CITY OF
ASHLAND
SUGGESTED MOTION:
I move that the City enter into the Confidentiality and Non-Disclosure Agreement as proposed.
ATTACHMENTS:
Confidentiality and Non-Disclosure Agreement.
Page 2 of 2
MASANTE'
CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT
This Confidentiality and Non-Disclosure Agreement (the "Agreement") is made as of this
day of December, 2012 by and among (1) Asante, an Oregon nonprofit, public benefit
corporation ("Asante"), (2) Ashland Community Healthcare Services dba Ashland Community
Hospital, an Oregon nonprofit, public benefit corporation ("ACH"), (3) Ashland Community
Hospital Foundation, an Oregon nonprofit public benefit corporation ("ACH Foundation"), and
(4) City of Ashland, an Oregon municipal corporation ("City"). Asante, ACH, ACH Foundation,
and the City are sometimes referred to collectively as the Parties and individually as a Party.
RECITALS:
A. The Parties, prior to and in connection with entering into discussions with each
other regarding their evaluations of possible business transactions between or among them
("Proposed Transactions"), desire to enter into this Agreement in order to protect the highly
confidential nature of their discussions and evaluation of the Proposed Transactions.
B. Asante on the one hand, and the City, ACH and ACH Foundation on the other
hand are interested in discussing with each other Proposed Transactions. In connection with
such discussions and/or in connection with the Proposed Transactions each Party may or will be
disclosing to the other Party certain Confidential Information, as defined in Section 1.1 below.
NOW THEREFORE, in order to induce the Parties to enter into discussions between or among
the Parties regarding the Proposed Transactions, and in order to induce the Parties to disclose
such Confidential Information to each other pursuant to this Agreement, and for other
consideration, the receipt of which is hereby acknowledged, the Parties agree as follows:
AGREEMENT:
1. Definitions. As used in this Agreement; the following terms shall have
the following meanings:
1.1 "Confidential Information" means the information disclosed in the
course of the initial telephone, email, in-person or other contact between Asante and ACH,
and/or between Asante and the City, and/or between or among Asante, ACH, the City, and/or
ACH Foundation with respect to entering into discussions regarding the Proposed Transactions,
and any and all information (whether in written, electronic or oral form) which the Disclosing
Party or any of its Representatives furnished, furnishes, disclosed or discloses to a Receiving
Party or during the course of their discussions from the date of the initial contact to the date of
this Agreement and following the date of this Agreement, specifically including, without
limitation, any and all general and specific information relating in any way to the Proposed
Transactions, all financial statements, projections and records, all marketing and sales data, all
methods of operations and business strategies, and all technical information; as well as any and
all extracts, analyses, summaries, reviews, notes and other materials prepared by the Disclosing
Page I - Confidentiality and Non-Disclosure Agreement
PME)OCS:19a4791.3
MASANTE~
Party for any Receiving Party or their Representatives that contain or are derived in any way
from such information. The term "Confidential Information" shall include without limitation all
documents shared between or among the Parties with respect to the Proposed Transactions
between January 1, 2011 to the date of this Agreement, and from the date of this Agreement
through the date of the consummation of the Proposed Transactions or through the date ACH and
Asante agree in writing not to proceed with the Proposed Transactions. This Agreement shall
survive the dates in the immediately preceding sentence. The Parties agree that Confidential
Information, to the extent shared with the City or any public body, is exempt from disclosure as
"trade secrets" pursuant to ORS 192.501(2) and as "information submitted in confidence" to a
public body under ORS 192.502(4).
For avoidance of doubt, any information disclosed by the Disclosing Party
regarding any of the following: (i) Disclosing Party's business and its personnel (including its
officers, directors, agents, employees, and contractors), patients, customers, clients, vendors,
donors, suppliers, distributors, consultants, affiliated entities, and all others with whom it does
business; (ii) information about care delivery models, patient volumes, provider relationships,
quality, clinical and/or educational programs (iii) market information; (iv) compilations of
technical, financial or other data; (v) contracting relationships including without limitation
managed care contracting relationships, property acquisitions or developments; (vi) business
plans; and (vii) budgets including, but not limited to, any or all of the foregoing that may be
prepared by the Disclosing Party relating to the Proposed Transactions, shall be deemed to be
Confidential Information.
Notwithstanding the foregoing, the term "Confidential Information" shall not
include any information that (a) is or becomes generally available to the public through no fault
or omission of a Receiving Party, (b) becomes known to a Receiving Party or its Representatives
without obligation of confidentiality prior to the disclosure of such information by the Disclosing
Party or its Representatives, (c) becomes available to a Receiving Party or its Representatives
from a Person (other than the Disclosing Party or its Representatives) who, to the knowledge of
the Receiving Party or its Representatives after due inquiry, is not prohibited from disclosing
such information by any legal, contractual or fiduciary obligation to the Disclosing Party or its
Representatives, or (d) is any final transactional document submitted to the City for approval by
vote of the City Council, except that the Parties may agree to redact trade secrets, or other
proprietary or confidential information from any such final transactional document.
1.2 "Disclosing Party" means the Party on whose behalf the Confidential
Information is furnished.
1.3 "Party" means the Disclosing Party or the Receiving Party.
1.4 "Parties" means the Disclosing Party and the Receiving Party.
1.5 "Person" means any natural person, corporation, limited liability
company, partnership, trust, organization, association, municipal corporation, independent public
corporation, or other entity, including without limitation any government entity.
Page 2 - Confidentiality and Non-Disclosure Agreement
PDXDOCS:1984791.3
MASANTEa
1.6 "Receiving Party" means any Party on whose behalf Confidential
Information is received.
1.7 "Representative" means any of the respective employees, officers,
directors, shareholders, members, managers, partners, affiliates (as such term is defined in
Rule 405 of the Securities Act of 1933, as amended), consultants, legal counsel, accountants or
other agents of the Disclosing Party or the Receiving Party, as the case may be.
2. Covenants of the Parties with Respect to Confidential Information
2.1 Ownership; Return of Confidential Information. Each Receiving Party
acknowledges that all Confidential Information is and shall continue to be the exclusive and
permanent property of the Disclosing Party. Each Party agrees to receive the Confidential
Information in absolute confidence. Promptly upon the written request of the Disclosing Party or
any of its Representatives, a Receiving Party shall, and shall cause each of its Representatives to
(a) return to the Disclosing Party all Confidential Information within their possession, including
all copies thereof, (b) destroy all extracts, analyses, compilations, studies, summaries, reviews,
notes and other materials prepared by Receiving Party or its Representatives that contain any
Confidential Information, and (c) certify in writing such return and destruction to the Disclosing
Party. Notwithstanding anything to the contrary in this Agreement, the City shall not be required
to destroy any Confidential Information that is a public record under the Oregon Public Records
Law during the period of time that the public record is required to be maintained under the
records retention schedule prescribed by the Oregon Secretary of State's Office, Archives
Division.
2.2 Covenant of Non-Disclosure; Required Disclosure.
2.2.1 Covenant of Non-Disclosure. No Receiving Party will, without
first obtaining the Disclosing Party's prior written consent (except to the extent required
by applicable law, regulation or court order, and then only after compliance with Section
2.2.2 hereof), reveal, communicate or disclose to any Person, directly or indirectly, under
any circumstances or by any means any Confidential Information or the fact that such
Confidential Information exists or has been made available to the Receiving Party or any
of its Representatives, provided, however, a Receiving Party may disclose such matters to
those of its Representatives (a) who need to review such Confidential Information for the
limited purpose of assisting Receiving Party in evaluating the Proposed Transaction, (b)
whom such Receiving Party has advised of the confidential nature of the Confidential
Information and the terms and conditions of this Agreement, and (c) who agree to be
bound by and comply with all terms and conditions of this Agreement as if they were a
Receiving Party hereunder. Each Receiving Party shall be liable for any breach of this
Agreement by that Receiving Party's Representatives.
2.2.2 Required Disclosure. If a Receiving Party or any of its
Representatives is required by applicable law, regulation, or legal process to disclose any
Confidential Information, Receiving Party will, prior to such disclosure, promptly notify
the Disclosing Party in writing to enable the Disclosing Party to seek a protective order or
Page 3 - Confidentiality and Non-Disclosure Agreement
PDXDOCS:1984791.3
MASANTE®
other appropriate remedy, and, if the Receiving Party is Asante, ACH, or the ACH
Foundation, will provide reasonable assistance, as requested, to the Disclosing Party in
obtaining such protective order or other appropriate remedy, provided that any costs or
expenses incurred in connection with such protective order shall be the sole responsibility
of the Disclosing Party. In each instance where the Disclosing Party cannot obtain a
protective order or other appropriate remedy, the Receiving Party will furnish, and will
cause its Representatives to furnish, only that portion of the Confidential Information that
the Receiving Party and/or its Representatives are required to disclose, and, to the extent
reasonably practicable, the Receiving Party and its representatives shall obtain reliable
assurance that the Confidential Information so disclosed will receive confidential
treatment.
2.3 Covenant of Non-Use. Each Receiving Party agrees that it will use the
Confidential Information solely for the purpose of evaluating the Proposed Transactions, and no
Receiving Party will use the Confidential Information for any other purpose whatsoever.
2.4 Safeguard of Confidential Information. Each Receiving Party agrees to
take the same precautions to safeguard the confidentiality of the Confidential Information that it
takes with respect to its own non-public and highly confidential proprietary data or information,
to cause its Representatives to comply with this Agreement in all respects, and to be liable to the
Disclosing Party for any failure by any of its Representatives to so comply.
2.5 Public Disclosure of Potential Collaboration. No Party shall make a
public announcement or a press release regarding the Proposed Transactions without first
obtaining the consent of Asante, ACH, and the City as to the timing, manner and substance of
such announcement or press release. The Parties intend to cooperate and coordinate efforts to
determine the timing and substance of all formal public announcements or press releases
regarding the Proposed Transaction. Notwithstanding the foregoing, however, the City may
provide public notice required by law about upcoming public meetings concerning the Proposed
Transactions.
2.6 Exception.
2.6.1 City Disclosure/Public Records Law Demand. The Parties
acknowledge that as a municipal corporation, the City is subject to the Oregon Public
Records Law, ORS 192.410 to 192.505. The Parties, however, also acknowledge that the
Confidential Information is likely exempt from disclosure under such Law. In the event
the City receives from a third person or entity any request under the Oregon Public
Records Law for the disclosure of the Confidential Information of a Party, the City shall
promptly notify the Disclosing Party or Parties as the case may be of the request, so that
the Disclosing Party or Parties have a reasonable opportunity to prevent disclosure of the
Confidential Information. The Disclosing Party or Parties are exclusively responsible for
defending its or their position concerning the confidentiality of the requested information.
The City may, but is not required to assist the other Party or Parties in opposing
disclosure of the Confidential Information.
Page 4 - Confidentiality and Non-Disclosure Agreement
PDXD0CS:1934791.3
MASANTE"
3. Acknowledgment of Irreparable Harm. Each Receiving Party acknowledges
that the Confidential Information it obtains during the course of its evaluation is special and
unique to the Disclosing Party and that any breach of the terms and conditions of this Agreement
may result in irreparable and continuing harm to the Disclosing Party for which there will be no
adequate remedy at law. Accordingly, each Receiving Party recognizes and agrees that remedies
at law may be inadequate to protect the Disclosing Party against any actual or threatened breach
of this Agreement by the Receiving Party or any of its Representatives. Therefore, without
prejudicing any rights or remedies that may otherwise be available to the Disclosing Party, the
Disclosing Party shall be entitled to seek specific performance of this Agreement, including
immediate issuance of a temporary restraining order and/or preliminary or permanent injunctive
relief, in connection with any breach or threatened breach of this Agreement. Such equitable
relief shall not be deemed the exclusive remedy for any breach of this Agreement, but shall be in
addition to all other remedies available at law or in equity to the Disclosing Party. If the
Disclosing Party brings an action against a Receiving Party to enforce its rights under this
Agreement, the prevailing party in such action shall be reimbursed by the other party for all costs
and expenses, including reasonable attorney fees, incurred in connection therewith at trial and on
appeal and any review.
4. Indemnification. Each Receiving Party, for itself and on behalf of each of its
Representatives, agrees to defend, indemnify and hold harmless the Disclosing Party and each of
the Disclosing Party's Representatives from and against any and all claims, damages, losses,
liabilities, and reasonable costs and out-of-pocket expenses whatsoever that the Disclosing Party
and/or its Representatives may incur (or which may be claimed against the Disclosing Party
and/or its Representatives) resulting from a breach of this Agreement by that Receiving Party
and/or its Representatives.
5. No Legal Obligations By Virtue of Discussions. Each Receiving Party and the
Disclosing Party acknowledge and agree that neither the Disclosing Party nor any Receiving
Party is under any legal obligation, by virtue of this Agreement, to enter into negotiations
regarding or to consummate the Proposed Transactions. Nothing contained in this Agreement
shall compel a Party to furnish information to any other Party.
6. Exclusive Negotiations. ACH and the City agree that for the longer of 120 days
from the date of this Agreement or so long as the Parties are discussing or considering the
Proposed Transactions, they will not enter into discussions or negotiations with any person or
entity, other than Asante, to discuss, explore or consummate a transaction which would result in
a transfer of membership or ownership interests or substantially all of ACH's assets to, or a
merger with, or an affiliation with, another person or entity.
7. Miscellaneous.
7.1 Remedies Cumulative. All remedies (whether under this Agreement, at
law or in equity) available to the Disclosing Party for any breach or threatened breach of this
Agreement are cumulative and may be exercised separately or concurrently. No failure or delay
by the Disclosing Party in exercising any right, power, or privilege hereunder shall operate as a
Page 5 - Confidentiality and Non-Disclosure Agreement
PDXDOCS:1984791.3
CxA►SA NTEQ
waiver thereof, nor shall any single or partial exercise thereof preclude any other or further
exercise thereof or the exercise of any other right, power, or privilege hereunder.
7.2 Incorporation of Recitals. The Recitals to this Agreement are
incorporated herein by this reference and made a binding part hereof.
7.3 No Assignment. No Receiving Party may assign any of its rights or
delegate any of its duties under this Agreement, by operation of law or otherwise, without the
Disclosing Party's prior written consent, which consent the Disclosing Party may be withhold in
its sole discretion. Any attempted assignment in violation of this Agreement shall be void and of
no legal force or effect.
7.4 Entire Agreement. This Agreement is the entire, final and complete
Agreement and understanding of the parties with respect to the transactions contemplated
hereby, and supersedes and replaces all written and oral agreements and understandings
heretofore made or existing by and between the Parties or their Representatives with respect
thereto.
7.5 Waiver. No waiver of any provision of this Agreement shall be deemed
or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver
constitute a continuing waiver. No waiver shall be binding unless executed in writing by the
Party making the waiver.
7.6 Binding Effect. All rights, remedies and liabilities herein given to or
imposed upon the Parties shall extend to, inure to the benefit of and bind, as the circumstances
may require, the Parties and their respective successors and permitted assigns.
7.7 Notices. Any notice or other communication required or permitted under
this Agreement shall be in writing and shall be deemed given on the date of transmission when
sent by telex or facsimile transmission, on the third business day after the day of mailing when
mailed by certified mail, postage prepaid, return receipt requested, from within the United States,
or on the date of actual delivery, whichever is the earliest, and shall be sent to the parties at the
following addresses, or at such other address as the party may hereafter designate by written
notice to the other:
To Asante: To ACH:
Roy Vinyard, President/CEO Mark Marchetti, President/CEO
Asante Ashland Community Hospital
2650 Siskiyou Blvd. 280 Maple Street
Medford, OR 97504 Ashland, OR 97520
To ACH Foundation: To the City:
Tom Grimland, President Dave Kanner, City Administrator
Ashland Community Hospital Foundation City of Ashland
280 Maple Street 20 East Main Street
Ashland, OR 97520 Ashland, OR 97520
Page 6 - Confidentiality and Non-Disclosure Agreement
PDXDOCS:1984791.3
FrIASANTE0
7.8 Governing Law and Venue. This Agreement and the rights of the parties
hereunder shall be governed, construed and enforced in accordance with the laws of Oregon,
without regard to its conflict of laws principles. Any suit or action arising out of or in
connection with this Agreement or any breach hereof shall be adjudicated in the federal or state
courts sitting in Jackson County, Oregon. The parties hereby irrevocably submit to the exclusive
jurisdiction of such courts for the purpose of any such suit or action and hereby expressly and
irrevocably waive, to the fullest extent permitted by law, any objection it may now or hereafter
have to the venue of any such suit or action in any such court and any claim that any such suit or
action has been brought in an inconvenient forum.
7.9 Amendment. No supplement, modification or amendment of this
Agreement shall be valid unless the same is in writing and signed by all Parties hereto.
7.10 Severability. In the event any provision or portion of this Agreement is
held to be unenforceable or invalid by any court of competent jurisdiction, the remainder of this
Agreement shall remain in full force and effect and shall in no way be affected or invalidated
thereby.
7.11 Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which together shall constitute
but one and the same instrument.
7.12 Time Essence. Time is of the essence in the performance of this
Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year
first above written.
Asante, an Oregon nonprofit, public benefit corporation
Date: By:
"ASANTE" Roy Vinyard
Title: President/CEO
Ashland Community Healthcare Services,
An Oregon nonprofit, public benefit corporation
Date:
"ACH" By:
Mark Marchetti
Title: President/CEO
Page 7 - Confidentiality and Non-Disclosure Agreement
PDXDOCS:1984791.3
MAsANTE~
Ashland Community Hospital Foundation,
an Oregon nonprofit, public benefit corporation
Date: By:
"ACH FOUNDATION" Tom Grimland
Title: President
City of Ashland, an Oregon municipal corporation
Date: By:
"CITY" Dave Kanner
Title: City Administrator
Page 8 - Confidentiality and Non-Disclosure Agreement
PDXDOCS:1984791.3
CITY OF
ASHLAND
Council Communication
December 18, 2012, Business Meeting
Approval of Resolution to Repeal Bicycle License Registration Fee in
Resolution 2012-21, Miscellaneous Fees and Charges
FROM:
Terry Holdemess, Police Chief, holdenet@ashland.or.us
SUMMARY
The proposed resolution would remove the current requirement to pay a fee to register a bicycle within
the City of Ashland. Currently, pursuant to a resolution on miscellaneous fees and charges the Council
adopted June 19, 2012, residents must pay a onetime $2.00 fee. The proposed resolution would allow
bicycles to be registered at no cost to the owner.
BACKGROUND AND POLICY IMPLICATIONS:
[The theft of bicycles has increased over the last three years:
Year Stolen % Recovered %
2010 67 0 5 0
2011 98 +42% 8 +37%
2012 116 +18% 9 +11%
Each year police officers recover a considerable number of bicycles that have been abandoned. Also,
in contacts with citizens on bicycles, police officers occasionally check police records to see if the
bicycle has been reported stolen. In either case, determining the status of the bike and rightful
ownership is time-consuming and often impossible if the bicycle in question has not been registered.
As more citizens register bicycles with the Police Department, the chances of returning stolen bicycles
to their rightful owners increase significantly. Additionally, when stolen bicycles are recovered,
investigative leads increase, giving officers a better opportunity to apprehend criminal offenders.
The Ashland Police Department wants to make the bicycle registration process fast and uncomplicated.
Staff members are currently working toward an intemet-based registration process that will streamline
and simplify the registration process. Eliminating the current $2 registration fee and streamlining the
process as part of an effort to encourage citizens to register their bicycles are expected to lead to
improving the recovery rate on stolen bicycles and, ultimately, to fewer bicycle thefts.
FISCAL IMPLICATIONS:
From FY 2008 through FY 2011, and so far in this fiscal year, the total collected in Ashland bicycle
registration fees has been just $298.00. Eliminating this fee will have negligible fiscal impact.
Page I of 2
IPFFIA1,
CITY OF
ASHLAND
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends that the Council approve the proposed resolution.
SUGGESTED MOTION:
I move to approve the resolution titled, "Resolution to Repeal Bicycle License Registration Fee in
Resolution 2012-21, Miscellaneous Fees and Charges."
ATTACHMENTS:
Proposed Resolution.
Resolution No. 2012-21, Miscellaneous Fees and Charges, Section 8 - Police.
Page 2 of 2
~r,
RESOLUTION NO. 2012-
A RESOLUTION TO REPEAL BICYCLE LICENSE REGISTRATION FEE
IN RESOLUTION 2012-21, MISCELLANEOUS FEES AND CHARGES
Recitals:
A. On June 19, 2012, the City Council approved Resolution 2012-21 to establish fees to
be charged for city services required for various citizen activities.
B. To encourage citizen registration of bicycles for purposes of recovery of stolen
bicycles, the City desires to eliminate the bicycle registration fee included in
Resolution 2012-21.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The "Bicycle License" fee described in the Miscellaneous Fees and Charges
Document, Section 8 - Police, attached hereto and incorporated herein by this reference, is
hereby repealed.
SECTION 2. All other fees and charges not identified in Section 1 shall remain active and in
effect.
SECTION 3. This resolution was duly PASSED and ADOPTED this day of
2012, and takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of 2012.
John Stromberg, Mayor
Reviewed as to form:
David Lohman, City Attorney
Page 1 of 1
RESOLUTION NO.2012- .
A RESOLUTION ADOPTING A MISCELLANEOUS FEES AND
CHARGES DOCUMENT AND REPEALING PRIOR FEE
RESOLUTION 2011-26
Recitals:
A. The City currently has many ordinances that establish fees for different departments
and activities.
B. The City desires to provide all-of its miscellaneous fees and charges in one document
so that citizens can easily determine the costs of city services.
C. The City desires to repeal all prior resolutions that establish fees and charges and
adopt all fees and charges with one resolution for convenience of its citizenry.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The Miscellaneous Fees and Charges Document, which is attached hereto and
incorporated herein by this reference, is hereby approved arid establishes the fees and charges for
City services. New fees, those not charged before, are not affective until 30 days following date
of approval unless otherwise established by Council action.
SECTION 2. The following resolutions are specifically repealed: Resolutions 2011-26 and all
other fees and charges inconsistent with the fees and charges set forth herein are repealed.
SE TION 3. This resolution was duly PASSED and ADOPTED this day of
2012, and.takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of June, 2012.
Stromberg, Mayor
Reviewed as to form:
V&ej
David Lohman, tty Attomey
Page 1 of I
NAM
CITY OF
ASHLAND
MISCELLANEOUS FEES AND CHARGES DOCUMENT
ADOPTED: June 19, 2012
EFFECTIVE: July 1, 2012
Revised:
ASHLAND
PARKS
& RECREATION
PARKS AND RECREATION MISCELLANEOUS FEES AND CHARGES
ADOPTED: June 19, 2012
EFFECTIVE: July 1, 2012
Revised:
r
Table of Contents
SECTION 7 -Municipal Court
Appeal Transcript Fee .........................................................................................................................................Page 24
City Attorney Defected Senlence/Divcrsion ...........................................................:...................................Page 24
Civil Compromise Costs Page 24
Compliance Inspection Fee Page 24
Court Appointed Counsel Fees and Charges ............::.........................................:...............................................Page 24
Default Judgment ................................................................................................................................................Page 24
Discovery Fees ....................................................................................................................................................Page 24
Diversion by Municipal CourL Page .24
Extend/Amend City Attorney Deferred Scntence/Diversion .............:....................................::..::................Page 24
Failure to Appear for Bench Trial/Show Cause Hearing ...................................................................................Page 24
Failure to Appear for Jury Trial .........................................................................:::.:.:.::................................:..Page 24
Forfeiture of Security ..........................................................................................................................................Page 24
Mediation of Violation (Municipal Court Mediation) ..........................................::............................................Page 24 _
Non Sufficient Funds Check Fee : - Page 24
Court Costs Page 24 Expunction Page 24
Show Cause Admission of Allegation .........................................................................::.....:..............................::Page 24
Bench Probation Fee.. Page 24
1Varrant .....................................................;...............:..............:..........:....,...........................................................Page 24
Withholding on County Assessment .:...............................:................................................................................Page 24
Domestic Partnership Registration .....:.............................................:..................................................................Page 24
SECTION 8 -Police
Police Reports Page 25
Research Fee .......................................................................................................................................................Page 25
Visa Letters . ................Page 25
Finger Print Cards ...Page 25
Photographs (CD) ...........................:........................................:.........................................................:................Page 25
Audio Tapes/1COP Videos .......................................................................................::........................................:Page 25
Non Sufficient Funds Check Fee .................................................................................................Page 25
Impound/Tow Fee ...............................................................................................................................................Page 25
Taxi Operator Liccnsc..-.......-. ....:...:.::.......:...::.......-.........................................;............,.................................Page 25
.Bicycle License..: - _ .....:.Page 25 -
SECTION 9 - Public Works - Miscellaneous Fees & Charges
Copy Fees, Black, White and Color Page 26
Plat & Plan Checks .....................................................::.......................................................................................Page 26
Public Woiks/Engincering fnspectiohs, Permit Etc ............................................................................................Page 27
GIS Data & Mapping Services ............................................................................................................................Page 28
Sanilary Sewer Connection Fees ...........................:.....:............:.........................................................................Page 29
Water Connection Fees .............•....r,..,.:..:a.....::,..................... Page 29
Cemetery Fees ..........................;...................................::.....................................................................................Page 30
Sexton Fees .........................................................................................................................................:Page 31
Miscellaneous Fees Page 31
Vases ...................................................................................................................................................................Page 31
CPI & ENR Calculations., 0 0 Page 31
miscellaneous fees & charges page 5
i ~
Section 8-Police
Police Miscellaneous Fees and Charges
Police'Rei)orts: $12.00 for reports 10 pages or
$15.00 for reports over 10 pages
Research Fee: Refer to Section 12
on page 37
Visa Letters: $19.00
Finaerprints Cards: $20.00 first card
$10.00 each additional card
Photographs fCDI: $19.00
Audlo Tapesl
ICOP Videos: $19.00
Non Sufficient Funds Check Fee: $35.00
Impound/Tow Fee: $105.00 Cash only
Taxi Operator License: $20.00 renewal
$42.00 new
Blcycle Licensei $2.00
miscellaneous fees and charges page 25
CITY OF
ASHLAND
Council Communication
December 18, 2012, Business Meeting
Liquor License Application
FROM:
Barbara Christensen, City Recorder, christeb@ashland.or.us
SUMMARY
Approval of a Liquor License Application from Preston Will dba Tot Restaurant at 310 Oak Street, #1.
BACKGROUND AND POLICY IMPLICATIONS:
Application is for a new 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:
Under Consent agenda item, a motion to approve liquor license for Preston Will dba Tot Restaurant.
ATTACHMENTS:
None
Page 1 of 1
~r,
CITY OF
ASHLAND
Council Communication
December 18, 2012, Business Meeting
FY 2011-2012 Comprehensive Annual Financial Report
FROM:
Lee Tuneberg, Administrative Services/Finance Director
SUMMARY
The Audit Committee has met with staff and auditor Pauly, Rogers and Company, P.C. to review and
accept the annual audit for the fiscal year ended June 30, 2012. The committee's report and
recommendation to accept the annual financial report can be found in the report on page xvii and the
auditor opinion on page 3.
BACKGROUND AND POLICY IMPLICATIONS:
The Comprehensive Annual Financial Report (CAFR) is prepared each year as part of the state-
required audit by an independent, certified and municipally licensed auditor. In Ashland, the auditor
reports to the Audit Committee established by the Council. The committee receives the auditor
opinion, management letter and annual financial reports (including the Parks Commission Component
Unit Financial Report) prepared by staff. When satisfied with the reports and related information, the
committee forwards the report to Council with a recommendation to accept.
The auditor gave an unqualified opinion again this year.
The CAFR conforms to generally accepted accounting principles (GAAP) and the latest applicable
Governmental Accounting Standards Board Statements (GASBS), auditing standards and Oregon
Budget Law. The report also complies with U. S. Office of Management and Budget (OMB) Circular
A-133 requirements since the City accepted enough federal financial assistance in FY 2011-2012 to
require specific audit actions and disclosures. This is accomplished by including a Schedule of
Findings and Questioned Costs addressing audit results, financial statement findings, federal award
findings and questioned costs.
The auditors identified two conditions worthy of reporting and they are detailed on Page 149. They
include the need for:
• Better internal controls for the Information Technology Department regarding internally
developed software.
• Better internal controls for staff access to transactions in the Municipal Court.
The Administrative Services Department's responses to the Management Report comments
immediately follow the auditor findings on the same page. Staff continues to work on the issues with
the goal to make sufficient progress or resolve them by June 30, 2013, so they are not carried forward.
Page I of 4
mill
CITY OF
ASHLAND
No questionable costs for federal financial assistance programs were reported by the Auditor.
The City and Parks are prepared to submit both annual reports to the Government Finance Officers
Association for review and suggestions for improvement again this year.
Financial Overview
The City is responsible for completeness and accuracy of the annual report. The auditor reports are
included in the document and presented on their letterhead. These reports attest to the City's
compliance with Oregon Budget Law and federal reporting requirements.
The annual report includes a section on pages 5 through 10 called Management's Discussion and
Analysis (MD&A) that is intended to provide the reader with a basic understanding of the financial
condition and change over the year audited. Please read the MD&A and Notes section to get a general
understanding of the financial information provided. Unless otherwise indicated, financial references
relate to the City and do not incorporate Parks & Recreation information.
From an overview perspective, the City's financial condition improved for a second year with total net
assets increasing $3,127,468 or 3.0% to $107,455,363. In the prior year total net assets increased
$2.88 million. This year Cash balances increased a net $4.7 million or 24.1% in total with general
governmental balances increasing $5.3 million including reserves and unspent borrowing but business-
type funds decreased $587,000 reflecting payments to reduce payables and claims payable.
City total assets are up $2.3 million which includes:
1. $4.7 million more in cash & investments (a plus)
2. $174,000 more in restricted cash & investments (a plus)
3. $487,000 less in receivables (a minus)
4. $165,000 more in inventories (a plus)
5. $119,000 less in deferred revenue (a minus)
6. $3.07 million more in fixed assets (a plus)
7. $5.19 million more in accumulated depreciation (a minus).
City-wide current payables (liabilities) are $1,108,000 (14.2%) less than the prior year, primarily due
to less accrued interest payable consistent with the outstanding debt service due in the coming year and
less capital improvement work done late in the fiscal year and payable at the end of June.
The net result of changes in Assets and Liabilities city-wide is the $3.13 million increase in Total Net
Assets as mentioned above. In general, the City raised rates, reduced operating expenses and deferred
capital projects to better balance incomes and out goes to provide a positive impact. These positive
steps resulted in changes that offset the negative impact of depreciation (aging of city infrastructures
calculated to be $5.19 million) for the year.
The above variations contributed to a change in categorization of Net Assets where Unrestricted
increased by $4.67 million, Restricted increased by $880,000 and invested in capital assets decreased
by $2.42 million. There are many elements contributing to these changes such as transferring monies
into accounts not restricted for specific work, receiving payments for the university that added to
General Fund accounts and a refund on wholesale power purchases.
Page 2 of 4
11FAW,
CITY OF
ASHLAND
Council may recall that GASBS 54 requires the Reserve Fund (considered a non-major fund) and its
$1.0 million balance to be incorporated in the city-wide presentations and schedules as part of General
Fund. This is done to be compliant with GAAP requirements. This is because the internally
established reserve is a repository of monies transferred from other funds and their eventual use is left
open to determination during subsequent budget processes. Since the use of that balance remains to be
identified and cannot be automatically restricted by the type of revenue stream it is required to be
reported as part of the General Fund.
The Parks and Recreation Commission net assets increased $528,466 to $12.6 million despite another
transfer (payment) of $349,000 to the City Reserve Fund. As with the City, there are many elements
contributing to this change including a net $360,574 more in capital assets and $116,993 less in
depreciation after disposal of assets attributable to Parks. The remainder of the change between years
includes fluctuations in receivables and inventories.
The financial report indicates the City has been able to maintain its financial position but not without
increasing some charges and adjusting services and projects where necessary to better balance
resources and requirements. However, recent enterprise studies indicate a significant number of
capital projects to be done representing considerable financing challenges ahead. The Statement of
Net Assets, as explained in the Management Discussion and Analysis, confirms the aging
infrastructure by presenting a decrease in total capital assets (net) of $2.117 million, or -1.8%. This
decrease was minimized by the addition of $3.1 million in new fixed assets. Any increased reserves
will be impacted by these infrastructure demands.
Key places to look within the document are:
Pages Information
i - vii Transmittal letter from staff
xv Report of Audit Committee accepting the audit
3-4 Auditor's unqualified opinion
5-10 Management's Discussion & Analysis
13 - 22 Basic Financial Statements
23 - 53 Notes to General Purpose Financial Statements
57- 135 Supplementary reports, schedules and statistical tables
137- 141 Oregon required auditor comments and disclosures
143- 149 Government Standards Compliance Reports including
Federal Assistance, OMB Circular A-133 compliance,
and other internal compliance disclosures
FISCAL IMPLICATIONS:
Council may accept the Committee's report and the annual report as presented, recommend
modifications as discussed or defer acceptance (takes no action) awaiting further information or
clarification.
STAFF RECOMMENDATION AND REQUESTED ACTION:
The Audit Committee recommends acceptance of the Comprehensive Annual Financial Report for FY
2011-2012 and staff concurs.
Page 3 of 4
11VAEA
CITY OF
ASHLAND
SUGGESTED MOTION:
I move to accept the Audit Committee Report and the Comprehensive Annual Financial Report for the
fiscal year ended June 30, 2012, as presented.
ATTACHMENTS:
FY 2011-2012 Comprehensive Annual Financial Report
Audit Committee Meeting draft notes 10/22/2012
Audit Committee Meeting draft minutes 12/06/2012
Page 4 of 4
11FAX,
C I T Y OF
ASHLAND
MUNICIPAL AUDIT COMMITTEE
MEETING NOTES
October 22, 2012
Call to Order
Administrative Services and Finance Director Tuneberg called the meeting to order at 2:01 p.m.
in the Civic Center Council Chambers, 1175 East Main Street.
Municipal Audit Committee Members Guy Nutter, Roberta Stebbins and Committee Member
Barbara Christensen were present. Municipal Audit Committee Member Dennis Slattery was
absent.
Also present were City Administrator Dave Kanner, Administrative Services and Finance
Director Lee Tuneberg, Parks Director Don Robertson, Accounting Manager Cindy Hanks, and
Administrative Assistant Tami De Mille-Campos.
Approval of Minutes
A MOTION WAS MADE by Committee Member Nutter for the approval of the minutes of
November 07, 2011, as submitted.
The Vote: Unanimous Ayes
Presentation by the Auditors
Representing Pauly, Rogers, and Co., P.C. (PR&C), a certified public accounting firm engaged
by the City to perform auditing services, Kenny Allen presented the City of Ashland
Comprehensive Annual Financial Report (CAFR), the Parks Comprehensive Annual Financial
Report (CUFR), and Management Letters to the City of Ashland and the Parks and Recreation
Commission.
Parks Comprehensive Annual Financial Report
Mr. Allen reported a clean opinion as stated on page #1 for the Park's financial statements. No
exceptions requiring comment relative to the Oregon Municipal Audit law, and compliance with
GASB requirements. No management letter was issued.
A MOTION WAS MADE by Committee Member Nutter to accept the Component Unit
Comprehensive Annual Financial Report for the Ashland Parks and Recreation Commission for
fiscal year ending June 30, 2012, and to recommend acceptance by the City Council.
The Vote: Unanimous Ayes
MUNICIPAL AUDIT COMMITTEE MEETING
October 22, 2012
Page 2 of 3
City Comprehensive Annual Financial Report
Mr. Allen reported a clean opinion as stated on page #1 for the City's financial statements. No
new exceptions requiring comment relative to Oregon Municipal Audit law, and compliance with
GASB requirements.
City Management Letter
Mr. Allen reviewed the two recurring conditions required to be disclosed in the City's
Management Letter, shown on page 149.
• Condition 1 - PR&C noted that the Information Technology (IT) department does not
have a cohesive written internal control document that details out their internal controls
over their internally developed utility billing (UB) system and that the UB system should
be modified to be fully integrated into the Eden GL system and should have a report
written that "red flags" unusual or missing charges to individual accounts. PR&C also
recommended that the IT department have an external review of the processes and
controls from an outside entity.
Administrative Services and Finance Director Tuneberg pointed out that this is a repeat from
prior years. He stated that with the conversion from the internally-generated UB software to the
new Springbrook software, which is scheduled to be implemented in December 2012, this will
eliminate the first portion of the comment and that Staff will also work with IT to tighten the
controls on the self-developed software which will still be utilized for AFN cable modem
management.
• Condition 2 - PR&C noted that all staff at the Courts department can make manual
changes to court charges within the system. Mr. Allen recommended limiting access to
as few people as possible and requirement of a supervisory review of all manual
changes within the system. He opined that this is an area of high-risk in the court
system.
Mr. Tuneberg acknowledged that this is also a repeat from prior years and was a challenging
area for small agencies (divisions) with very few staff. He recommended strengthening reviews
and internal controls such as sign offs, reconciling, and auditing efforts to improve compliance
with the essence of this comment.
Future Accounting and Auditing Issues
Mr. Allen briefly reviewed the hand out covering auditor roles and responsibilities and described
changes to the "Yellow Book" issued by the Government Accountability Office; he discussed
four new auditing standards issued by the American Institute of Certified Public Accountants,
GASB 60-63 (see attachment for details). He stated that the City of Ashland would not be
significantly impacted by these changes.
Committee Discussion
Ms. Christensen asked Mr. Allen if the biennial budget would affect any part of the audit going
forward. Mr. Allen stated that it will not have any negative impact on the auditing process. Ms.
Christensen also asked whether all of the funds are tested, specifically the Cemetery
(operations). Mr. Allen explained that deep testing is done on things that stand out otherwise the
funds are tested at random.
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MUNICIPAL AUDIT COMMITTEE MEETING
October 22, 2012
Page 3 of 3
Mr. Nutter inquired about the Post Employment Stipend shown on page 48. Mr. Tuneberg and
Ms. Hanks explained that the City provides certain benefits for 19 retired City employees who
have completed a minimum of 15 years of employment with the City. These are obligations
which are required by one labor bargaining agreement and by the exempt employee resolutions.
The committee discussed whether Mt. Ashland was considered a liability. Mr. Allen explained
that when the permit was transferred it was no longer a liability. Mr. Nutter asked whether there
should be any reference to the Gun Club contamination. Discussion addressed the current
activities, status of mitigation efforts and the fact that the liability is currently unknown. Mr.
Kanner explained that as long as the gun club continues to operate as a gun club then the City
has no liability for the cleanup. He also pointed out that the likelihood of the Department of
Environmental Quality would require cleanup is unknown. As long as the City owns the property
the cleanup likely would be limited. Mr. Allen explained that there was nothing to disclose based
upon the city attorney's opinion letter for the current fiscal year.
A necessary correction was pointed out on page 47. It should read that "Settlements have NOT
exceeded coverage's in each of the last three years". Staff will make the necessary change.
Ms. Stebbins asked that Staff expand on the basis for waiving the requirement for Ashland
Community Hospital's debt service coverage ratio shown on page 48. Staff noted this request
and will update this.
The Committee thanked Cindy Hanks, Lee Tuneberg and the entire Finance department for the
hard work put into producing the Annual Financial reports!
Recommendation to City Council to Accept the City 2012 Audit Report
A MOTION WAS MADE by Committee Member Nutter to accept the Comprehensive Annual
Financial Reports for the City of Ashland for fiscal year ending June 30, 2012, and to
recommend acceptance by the City Council.
The Vote: Unanimous Ayes
Adjournment
Ms. Stebbins adjourned the meeting at 3:22 p.m.
Respectfully submitted,
Tami De Mille-Campos, Administrative Assistant
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C I T Y OF
ASHLAND
MUNICIPAL AUDIT COMMITTEE
MEETING MINUTES
December 6, 2012
Call to Order
There is now a full committee with the vacancy filled by Thomas Hepford.
Municipal Audit Committee Members Guy Nutter, Roberta Stebbins, Dennis Slattery and
Thomas Hepford were present.
Also present were Administrative Services and Finance Director Lee Tuneberg and
Administrative Assistant Tami De Mille-Campos.
Approval of the City of Ashland's Comprehensive Annual Financial Report (CAFR)
A MOTION WAS MADE by Committee Member Nutter and seconded by Committee Member
Stebbins for the Approval of the City of Ashland's Comprehensive Annual Financial Report.
The Vote: Unanimous Ayes; Committee Member Hepford abstained.
Approval of the City of Ashland's Parks Commission Component Unit Financial Report (CUFR)
A MOTION WAS MADE by Committee Member Nutter and seconded by Committee Member
Slattery for the Approval of the City of Ashland's Component Unit Comprehensive Annual
Financial Report (Parks).
The Vote: Unanimous Ayes; Committee Member Hepford abstained.
Ratify letter dated 10/22/12- Committee recommendation to approve CAFR/CUFR
A MOTION WAS MADE by Committee Member Slattery and seconded by Committee Member
Nutter for the Approval of the City of Ashland's Comprehensive Annual Financial Report.
The Vote: Unanimous Ayes; Committee Member Hepford abstained.
Discussion
Committee member Slattery questioned if the normal process for selecting the Council and
Budget Liaison's is supposed to happen annually during the last budget meeting. Mr. Tuneberg
stated that he would check with the City Recorder and the Legal department and report back.
MUNICIPAL AUDIT COMMITTEE MEETING
December 06, 2012
Page 2 of 2
Adjournment
Ms. Stebbins adjourned the meeting at 11:07 a.m.
Respectfully submitted,
Tami De Mille-Campos, Administrative Assistant
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CITY OF
ASHLAND
Council Communication
December 18, 2012, Business Meeting
Second Reading of an Ordinance Authorizing Full Faith and Credit Bonds for
Multiple Purposes
FROM:
Lee Tuneberg, Finance Director, Administrative Services Department, tuneberl@ashland.or.us
SUMMARY
This is the second reading of an ordinance authorizing the City Administrator and Finance Director to
take the necessary steps to issue Full Faith & Credit (FF&C) Bonds to finance new projects covering
multiple funds and to potentially refinance the 2003 Water Revenue Bonds and the 2004 AFN FF&C
Bonds. Even though this issue is a FF&C pledge, revenue from the associated funds will be the
primary sources of repayment.
Combining financing for new projects with refunding authority on existing bonds saves in interest and
bond issue costs. The ordinance limits the total for borrowing and refunding water bonds, including
issue costs, to $7 million. The AFN bonds are in addition to that amount and the estimated total par
amount for refunding is $12 million to save approximately $700,000.
BACKGROUND AND POLICY IMPLICATIONS:
The ordinance was approved and moved to second reading at the Business meeting held December 4,
2012. Since that time there have been relatively small changes required by bond counsel that remain
within the representations staff made to Council at the last meeting.
The changes are:
1. Updating the narratives to incorporate Parks projects.
2. Revising the table of projects to incorporate estimated Parks project costs at $500,000.
3. Revising the table to clarify that only a portion of the 2003 water bonds will be refunded.
4. Updating the total amount of revenue bonds to be sold is $7.0 million, incorporating Parks
projects if approved.
5. Inserting a new item K. clarifying that the Bonds are a qualified tax-exempt obligation.
6. Changing old item K. to be item L.
After approval of second reading staff will be authorized to proceed with a bond sale that would
probably occur in late January or early February, 2013. Staff would report back to Council on the sale
by March.
FISCAL IMPLICATIONS:
The costs of issuing the bonds will be included in the amounts financed. Savings will be recognized in
the participating funds on a prorated basis. Debt obligations will be reflected in the corresponding
funds in subsequent budgets.
Page 1 of 2
11TAIR
CITY OF
ASHLAND
Savings from both of the refunding components will be reflected as lower principle and interest
payments in future budgets.
STAFF RECOMMENDATION AND REQUESTED ACTION:
The Finance Director recommends approval of the ordinance.
SUGGESTED MOTION:
I move to approve the second reading of the ordinance titled, "An Ordinance Authorizing Full Faith
and Credit Bonds for Multiple Purposes", and adopt the ordinance.
ATTACHMENTS:
Revised Ordinance
Page 2 of 2
~r,
ORDINANCE NO.
AN ORDINANCE AUTHORIZING FULL FAITH AND CREDIT
BONDS FOR MULTIPLE PURPOSES
WHEREAS, the City is authorized to issue revenue bonds for a public purpose by ORS
287A.150 (the "Act"), which states that those bonds may be payable from all or any portion of
the "revenue" of the City, as defined in ORS 287A.001(16); and,
WHEREAS, ORS 287A.001(16) defines "revenue" to mean all fees, tolls, excise taxes,
assessments, property taxes and other taxes, rates, charges, rentals and other income or receipts
derived by a public body or to which a public body is entitled; and,
WHEREAS, the City may authorize revenue bonds under the Act by nonemergency ordinance,
but may not sell the revenue bonds under the Act until the period for referral of the
nonemergency ordinance authorizing the revenue bonds has expired; and,
WHEREAS, if a nonemergency ordinance authorizing the revenue bonds is referred, the City
may not sell the revenue bonds unless the voters approve the revenue bonds; and,
WHEREAS, the City desires to issue revenue bonds under the Act that are secured by all
lawfully available funds of the City and a pledge of the City's full faith and credit and taxing
power, as permitted by ORS 287A.315, to finance street, water, wastewater, storm drainage and
parks projects and to refinance a portion of the City's outstanding 2003 Water Revenue Bonds;
and,
WHEREAS, the City is also authorized to issue full faith and credit revenue bonds to refund full
faith and credit revenue bonds pursuant to ORS 287A.360 to 287A.375; and,
WHEREAS, the City may be able to obtain debt service savings by issuing full faith and credit
bonds under ORS 287A.360 to 287A.375 to refinance the City's outstanding Ashland Fiber
Network Full Faith and Credit Bonds, Series 2004; now, therefore,
THE PEOPLE OF THE CITY ASHLAND DO ORDAIN AS FOLLOWS:
Section 1. Revenue Bonds Authorized under the Act. The City hereby authorizes the
issuance of revenue bonds pursuant to the Act in amounts sufficient to provide up to the
following amounts for each of the following purposes, plus additional amounts sufficient to pay
ca italized interest and estimated costs related to those revenue bonds:
Purpose Amount
Financing for street, water, wastewater, storm $4.95 million
drainage and parks projects
Refinancing of a portion of the City's $1.8 million
outstanding 2003 water revenue bonds
Ordinance No. _ Page 1 of 3
A. The estimated principal amount of revenue bonds to be sold pursuant to this Section I
does not exceed $7.0 million.
B. The revenue bonds authorized by this Section 1 shall be payable from all lawfully
available funds of the City and shall be secured by the City's full faith and credit and taxing
power within the limitations of Article XI, Sections 11 and 11 b of the Oregon Constitution.
C. No bonds authorized by this Section 1 may be sold and no purchase agreement for any of
those bonds may be executed until the period of referral of this nonemergency ordinance has
expired and this ordinance takes effect. If this ordinance is referred, the City may not sell the
bonds authorized by this Section 1 unless the voters approve this ordinance.
Section 2. Refunding Bonds. The City hereby authorizes the issuance of revenue bonds
pursuant to ORS 287A.360 to 287A.375 to refund the City's outstanding Ashland Fiber Network
Full Faith and Credit Bonds, Series 2004 (the "AFN Bonds").
A. The refunding bonds authorized by this Section 2 may be issued in an amount sufficient
to refund all or any portion of the AFN Bonds and to pay estimated costs related to those
refunding bonds.
B. The refunding bonds authorized by this Section 2 shall be payable from all lawfully
available funds of the City and shall be secured by the City's full faith and credit and taxing
power within the limitations of Article XI, Sections 11 and 1 lb, of the Oregon Constitution.
Section 3. Delegation. After this ordinance takes effect the City Manager, the Finance
Director or the person designated by the City Manager or the Council to act on behalf of the City
under this ordinance (each of whom is referred to in this ordinance as a "City Official") may, on
behalf of the City and without further action by the Council:
A. Issue the revenue bonds authorized by Section 1 or Section 2 of this ordinance
(collectively, the "Bonds") in one or more series, which may be sold at different times.
B. Participate in the preparation of, authorize the distribution of, and deem final preliminary
and final official statements or other disclosure documents for each series of the Bonds.
C. Subject to the limits in this ordinance, establish the final principal amounts, maturity
schedules, interest rates, sale prices, redemption terms, payment terms and dates, record dates
and other terms for each series of the Bonds, and either publish a notice of sale, receive bids and
award the sale of each series to the bidder complying with the notice and offering the most
favorable terms to the City, or select one or more underwriters or lenders and negotiate the sale
of any series with those underwriters or lenders.
D. Undertake to provide continuing disclosure for any series of the Bonds in accordance
with Rule 15c2-12 of the United States Securities and Exchange Commission.
Ordinance No. Page 2 of 3
E. Finalize the terms of, execute, and deliver bond declarations or other documents that
describe the terns of each series of the Bonds. The bond declarations or other documents may
also contain covenants for the benefit of the owners.
F. Appoint and enter into agreements with service providers for the Bonds, including
verification agents and escrow agents to accomplish the refunding.
G. Apply for ratings for each series of Bonds, determine whether to purchase municipal
bond insurance or obtain other forms of credit enhancements for each series of Bonds, enter into
agreements with the providers of credit enhancement, and execute and deliver related documents.
H. Issue any qualifying series of Bonds as "tax-exempt bonds" bearing interest that is
excludable from gross income under the Internal Revenue Code of 1986, as amended, (the
"Code") and enter into covenants for the benefit of the owners of those series to maintain the
excludability of interest on those series from gross income under the Code.
1. Issue any qualifying series of Bonds as "federal subsidy bonds" that are eligible for
federal interest rate subsidies but bear interest that is includable in gross income under the Code
and take any actions that are required to qualify for those federal interest rate subsidies.
J. Issue any series of Bonds as "taxable bonds" bearing interest that is includable in gross
income under the Code.
K. Designate any series of Bonds as a qualified tax-exempt obligation pursuant to
Section 265(b)(3) of the Code, if applicable.
L. Execute any documents and take any other action in connection with the Bonds that the
City Official finds will be advantageous to the City.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of 2012,
and duly PASSED and ADOPTED this day of 2012.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of , 2012.
John Stromberg, Mayor
Reviewed as to form:
David H. Lohman, City Attorney
Ordinance No. Page 3 of 3