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HomeMy WebLinkAbout2014-1202 Council Agenda PACKET Important: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written comments to the Council on any item on the Agenda, unless it is the subject of a public hearing and the record is closed. Time permitting, the Presiding Officer may allow oral testimony. If you wish to speak, please fill out the Speaker Request form located near the entrance to the Council Chambers. The chair will recognize you and inform you as to the amount of time allotted to you, if any. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to speak, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL December 2, 2014 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 \[AMC 2.04.030.E.\] 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. Business Meeting of November 18, 2014 VI. SPECIAL PRESENTATIONS & AWARDS None. VII. 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.) \[15 minutes maximum\] VIII. CONSENT AGENDA 1. Approval of commission, committee, and board minutes 2. Liquor License application for Kathryn Maloof dba Agave 3. FEMA Assistance to Firefighters Grant Requests 4. A resolution titled, “A resolution declaring the Canvass of the Vote of the Election Held in and for the City of Ashland, Oregon on November 2, 2014” and Mayoral proclamation COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9. STARTING APRIL 15, 2014, CHARTER CABLE WILL BROADCAST LIVE ON CHANNEL 180. VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US IX. PUBLIC HEARINGS ( Persons wishing to speak are to submit a “speaker request form” prior to the commencement of the public hearing. Public hearings shall conclude at 9:00 p.m. and be continued to a future date to be set by the Council, unless the Council, by a two-thirds vote of those present, extends the hearing(s) until up to 10:30 p.m. at which time the Council shall set a date for continuance and shall proceed with the balance of the agenda.) 1. Public Hearing and first reading by title only of an ordinance titled, “An ordinance of the City of Ashland repealing Ordinance No. 2052 and replacing in its entirety existing Title 18 Land Use of the Ashland Municipal Code with a restated and revised Unified Land Use Ordinance” X. UNFINISHED BUSINESS None XI. NEW AND MISCELLANEOUS BUSINESS 1. Talent Ashland Phoenix Emergency Pipeline Intertie project update and approval of Medford Water Commission wholesale agreement 2. Annual appointments to the Citizen Budget Committee and the Council liaison to the Municipal Audit Commission 3. Solid Waste Franchise rates & fees update resolutions 4. Solid Waste Franchise: A presentation of Financial Incentive Options for waste reduction 5. Economic Development Strategy program and activity update 6. Discussion of Normal Neighborhood Plan Working Group recommendations 7. Direction to staff on how to enforce the Food and Beverage tax ordinance XII. ORDINANCES, RESOLUTIONS AND CONTRACTS XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XIV. ADJOURNMENT OF BUSINESS MEETING In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's 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. STARTING APRIL 15, 2014, CHARTER CABLE WILL BROADCAST LIVE ON CHANNEL 180. VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US Regular City Council Meeting November 18, 2014 Page I of 5 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL November 18, 2014 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Voisin, Morris, Lemhouse, Slattery, Rosenthal, and Marsh were present. MAYOR'S ANNOUNCEMENTS Mayor noted vacancies on various Commissions. APPROVAL OF MINUTES The minutes of the Study Session of November 3, 2014 and Business Meeting of November 4, 2014 were approved as presented. SPECIAL PRESENTATIONS & AWARDS Housing Program Specialist Linda Reid and the chair of the Housing and Human Services Commission (HHSC) Rabbi Joshua Boettiger provided an overview of the Commission. The HHSC analyzed the current social services grant program and made recommendations. The analysis involved an inventory, identifying gaps, and developing a strategic plan by collecting demographic data, conducting interviews, and leading a forum with current grant recipients to establish priority goals and an implementation strategy. The HHSC also focused on whether students should be a protected class in the City's Fair Housing Ordinance, the Community Development Block Grants (CDBG), and the Normal Neighborhood Plan. Key goals the Commission wanted to work on going forward were employment programs, transitional housing for at risk populations and youth, dual diagnosis, mental health, and addiction issues, veterans, seniors, and affordable home ownership for working families. The goals aligned with Council goals. PUBLIC FORUM Richard Morris/642 Van Sant Street/Represented the co-owners of Paddington Station and the Paddington Jewel Box and commented on the plastic bag ban. They contacted the largest gift shop in Eugene practicing a similar bag ban who reported an escalation in shoplifting due to the ban. He described issues Paddington Station and The Jewel Box experienced charging the .10-cent requirement to purchase paper bags and asked Council to consider dropping the bag fee. Madeline Hill/950 Golden Aspen Place/Owned a condominium with bedrooms above the club area on Will Dodge Way that produced enough noise to regularly disrupt her sleep. She read from the noise ordinance, did not understand why it was not being enforced, and questioned the City's control over liquor licenses. Patrons from the Vinyl Club and O'Ryans Irish Pub were throwing up, defecating, making loud noise in the alley and rapes had occurred. The police could not do anything about it since it was a normal activity for a club scene and reiterated the ordinance stated differently. She wanted the police and City Administrator to enforce the ordinance. Roy Laird/419 Willow Street/Owned a business on Will Dodge Way, noted the disruption from the bar scene and pointed out that Will Dodge Way was not an alley, it was a public thoroughfare. Patrons from the clubs were partying in the alley every weekend. That behavior would not be allowed on a public Regular City Council Meeting November 18, 2014 Page 2 of 5 thoroughfare. The City should enforce the ordinance that prohibited partying in the streets. He went on to support the plastic bag ban but agreed with Paddington Station that Council should drop the .10-cent bag fee. He did not want to charge for something that he was happy to give away. Scott Green/2800 3600 Dean Indian Road/Explained the police were unable to restrain the criminal activities of the public or their own deputies. This pattern of actively committing crimes had gone on for over a year. They did not believe it was their interest to serve the public because they did not believe the public was paying attention and were under the mistaken impression they were the government of the town and that was not the culture in Ashland. He was open to meeting with people on the Council and in the public to solve this problem. Robert Kendrick/153 Will Dodge Way/Submitted documents into the record and noted one was a guide from the Oregon Liquor Control Commission (OLCC) for police officers handling people gathering around bars and in this case Will Dodge Way, the city's biggest crime area. The other document depicted pictures of activity occurring outside of the Vinyl Club and O'Ryans Irish Pub in the alley. He explained he had sent pictures of these events to the Council and City Administrator for seven years, described his contributions to Ashland that he did pro-bono and now wanted help from the City on a residential overlay. He took issue with a recent liquor license renewal that Council had no information on the permit fee. He contacted OLCC who informed him they had not received any reports regarding the Vinyl Club or O'Ryans Irish Pub and expressed anger that for two decades rapes had occurred in the alley, drug use, public urination, and noise. Women contacted him for tapes because they woke up in empty lots around the city and did not know what happened. He could not sleep until the bars closed at 3:30 a.m. Councilor Rosenthal/Slattery to place the topic of the noise ordinance on the agenda for discussion and possible direction of staff tonight. Voice Vote: ALL AYES. Motion passed. CONSENT AGENDA 1. Approval of commission, committee, and board minutes 2. Appointment of Luke Brandy to Forest Lands Commission 3. Appointment of Andrew Ladygo to the Historic Commission Councilor Rosenthal/Lemhouse m/s to approve the Consent Agenda. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS (None) UNFINISHED BUSINESS (None) NEW AND MISCELLANEOUS BUSINESS 1. Social Service Grant Program Evaluation and Strategic Plan Review Housing and Human Services Commission (HHSC) Vice Chair Coriann Matthews and Commission Chair Rabbi Joshua Boettiger explained the purpose of the plan was supporting the agencies and organizations that worked to improve the lives of its most vulnerable citizens. Top Community Strengths were the civic mindedness of the community and the capacity work in collaboration. The second was improvements made to affordable healthcare and access to food. Challenges encompassed the need for more effective service options for dual diagnosis, physical, mental, and developmental disabilities needs. Other challenges were the deficit of supportive services for working families and citizens earning below the median income and the lack of transitional housing options. The plan outlined Strategic Priorities, Implementation Strategies, and Outcome Measurements. The Commission kept the Implementation Strategies broad and would review the plan every four years. Regular City Council Meeting November 18, 2014 Page 3 of 5 General feedback from the community forum suggested the City specifically identify funding priorities, and make the demographic data gathered available to everyone. They were not interested in restricting funding or that the City should give larger grants to fewer organizations. Feedback was positive on grant recipients having more accountability. A change HHSC recommended would have the Budget Committee set the amount for the social services grants with HHSC make recommendations to the Council for grant awards. Council suggested rewriting the priority for housing to include housing assistance, resource and referral, and housing evaluations in addition to subsidies. Vice Chair Matthews explained the HHSC discussed involving case management in the subsidies as well as life skills training as part of the measured outcomes. She clarified the fifth bullet under Implementation Strategies should read, "proceed" instead of "precede." Council requested the HHSC have periodic check-ins with grant recipients to ensure they utilized funds efficiently. They clarified subsidies for housing included additional transitional housing and increased transportation services meant providing more bus passes. The assumption was grant recipients would provide an all- encompassing program that included transportation services. Housing would include people who were homeless as well as assist renters and homeowners in danger of losing their homes. Council suggested adding language on the third bullet under Implementation Strategies about collaborating with pre-existing services. 2. Acceptance of FY 2013-2015 Comprehensive Annual Financial Report Administrative Services Director Lee Tuneberg explained this was the first year of the biennium and the Comprehensive Annual Financial Report (CAFR) compared one-year's worth of activities against a two- year budget causing percentages to be different. The City was in a good position and doing well. There was a slight drop in the net position due to depreciation, paying off debt and building assets. Last year the City capitalized more causing a reduction in expenses that affected the net position. Another change was the Parks and Recreation Commission presented as a blended component unit instead of a discretely presented component unit. The CAFR showed more detail regarding the Parks and Recreation Departments activities than in the past. Mr. Tuneberg went on to describe the disclosure reports added to the back of the CAFR. Councilor Rosenthal noted the first sentence in the second paragraph on page 10 of the CAFR read, "The City Administrator is charged with general oversight of all operational and management functions, with the exception of the Parks Commission," and wanted to know if it was specifically worded to say the Parks Commission and not include the Parks and Recreation Department. City Administrator Dave Kanner thought the language mimicked Chapter 2.28.040 City Administrator - Administrative Responsibilities but was not sure what the exception included. Staff would change the language to match the code if needed. Mr. Tuneberg clarified a change that affected the Municipal Court. Court staff reported to the Human Resource Director and they established a system where the Director would review and sign off on transactions. He then addressed the $4.6 million dollar decrease in the Total Net Position and would forward that detail to Councilor Voisin. The high banking charges in the Central Service Funds under the Internal Service Funds was due to the increase of electronic payments for utility bills, and the fee charged by the bank. Currently 38%-40% of utility customers made automated payments. It saved staff time, but increased fees to the bank. Post employment benefit costs under the Insurance Service Fund depicted the long-term liability for providing retirement and insurance benefits for every employee in the City and Parks. Regular City Council Meeting November 18, 2014 Page 4 of 5 Councilor Slattery/Voisin m/s to accept the Audit Commission Report and the Comprehensive Annual Financial Report for the fiscal year ended June 30, 2014, as corrected. Roll Call Vote: Councilor Marsh, Voisin, Lemhouse, Rosenthal, Morris, and Slattery, YES. Motion passed. 3. Workforce Development Proposal - Ashland Community Resource Center Management Analyst Adam Hanks and Lee Madsen with the Ashland Community Resource Center (ACRC) provided background on the workforce development program. During the June 30, 2014 Study Session Council indicated they wanted a program for workforce development that came from a job seeker perspective, entry level and short-term employment that had the potential to convert to consistent and long-term employment through ACRC. Mr. Madsen added the workforce development program would help low-income people, and provide an opportunity to supply good employees, eager to work at the type of jobs most difficult to fulfill. ACRC was already providing coaching on resume writing, interviewing, and dressing for the interview process and employment. Options for Homeless Residents of Ashland (OHRA) recently received a $10,000 grant from the Leightman Maxey Foundation specifically for increasing employment opportunities. Funds would go towards a position that would manage the Workforce Development program that included training and ensuring the applicant could get to their place of employment, as well as track employee success. The City would provide the primary marketing and ACRC would establish relationships with businesses. The program would extend to the more experienced worker but initially would focus on entry level positions since the majority of employment needs at this time were entry level. Mr. Madsen addressed people without a General Education Diploma (GED) and explained guests at the Center were generally past of the age of getting a GED or not willing. If it became an issue in the future they would deal with it then. Since the Center opened February 11, 2014, ACRC helped 18 individuals gain employment. There were businesses willing to hire employees with unstable work experience and accepted the liability. Councilor Voisin/Marsh m/s to direct staff to work with ACRC staff to develop a grant contract incorporating the program elements generally described in the Council Communication and bring back to Council for contract approval at a future meeting. DISCUSSION: Councilor Marsh thought the integrity at ACRC and the services provided would make the program work. Councilor Lemhouse added one of the marketing points the program would have was that ACRC would help prepare people for the job. He did not want to miss the opportunity to help people facing unemployment and wanted them to know they could go to ACRC for assistance. Roll Call Vote: Councilor Lemhouse, Slattery, Morris, Marsh, Rosenthal, and Voisin, YES. Motion passed. ORDINANCES, RESOLUTIONS AND CONTRACTS (None) OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Noise ordinance discussion regarding on Will Dodge Way Police Chief Terry Holderness explained staff would discuss liquor licensing, issues with the clubs on Will Dodge Way, similar issues in other areas as well as the current process at the December 1, 2014 Study Session. He went on to explain how the noise ordinance did not work well regarding Will Dodge Way because it was set up in a way that noise did not travel instead it bounced off the buildings causing a disturbance. Yelling and singing violated the ordinance but it was difficult for the police to catch individuals in the act. The Police Department tried to have officers present on Will Dodge Way and other problem areas when the bars closed. Most of the people were walking between venues. Treating the alley as a roadway was problematic. There were no sidewalks and it was not wide enough for traffic in two directions or wide enough for people to walk comfortably when a car drove through. The Police Regular City Council Meeting November 18, 2014 Page 5 of 5 Department was having ongoing discussions with the Oregon Liquor Control Commission (OLCC) on what the department could and could not do. The clubs managed lines coming into their venues but were not responsible for people walking to and from the bars. City Administrator Dave Kanner suggested determining whether it was legally feasible to close Will Dodge Way at night from midnight to 5:00 a.m. It would apply to bar patrons and the neighbors living above the alley. Council might want to review the City's policy of encouraging residential development in commercial zones. Another option would make bars and nightclubs conditional uses. Council wanted information on better ways to enforce the thoroughfare, overlays of the noise ordinance downtown to encourage residential living downtown, and buffer options for R-1 overlays in commercial zones. If the issue created a possible zoning change, Council wanted that separate from work already in progress on the unified land use ordinance. Other Council comments were reticent to make changes to the land use. Building a condominium next to an area with a history of club activity, there was no reason to believe that atmosphere would change in the future. The situation did not call for additional action other than ensuring people understood that commercial in a vital and diverse downtown were a high priority for the community and if someone chose to build housing nearby they would experience side effects from that. The City needed to enforce the laws already established. Chief Holderness noted the Police Department had no reported rapes that had occurred on Will Dodge Way. The fact that it was busy in that area did not seem like a place a rape would occur. Alternately, that someone could meet and drink at the location then go to another location and be victimized was viable. 2. Look Ahead review City Administrator Dave Kanner reviewed items on the Look Ahead. Representative Peter Buckley and Alan Bates would attend the December 16, 2015 Council meeting to provide an update on the upcoming legislative session and field questions. Council will also discuss how to enforce the Food and Beverage Tax on vendors doing business through the Growers Market at their December 2, 2014 Council meeting. ADJOURNMENT OF BUSINESS MEETING Meeting adjourned at 9:11 p.m. Dana Smith, Assistant to the City Recorder John Stromberg, Mayor Minutes for the Conservation Commission October 22, 2014 Page 1 of 2 MINUTES FOR THE ASHLAND CONSERVATION COMMISSION Wednesday, October 22, 2014 Siskiyou Room, 51 Winburn Way 1. Call to Order Chair Marni Koopman called the meeting to order at 6:01 p.m. in the Siskiyou Room. Commissioners Mark Weir, Thomas Beam, Risa Buck, Jim McGinnis, Jim Hartman, Roxane Beigel-Coryell, Bryan Sohl and Shel Silberberg were present. Councilor Rich Rosenthal and staff member Adam Hanks were present. 2. Announcements The next meeting will be a week early, on November 19th due to the Thanksgiving holiday. The sustainability subcommittee will be on November 19th as well. The Center for Sustainability's Fall Fair is Friday, October 24th, from 4 -7 p.m. SOU is holding a forum on November 12th at 6:00 p.m. in the Rogue River room regarding their potential co-gen plant project. The anti-idling program is moving forward. They are hoping Public Works could fund the new (or revised) signs. Wier/Hartman m/s to request that the City work with Cat to support signage for an anti-idling program at Helman School, within reason. Discussion: Group discussed why this isn't at all schools, were reminded that the School Board requested that they try this as a pilot program, and that if it's successful, they will move on to the other schools. Voice Vote: 8 ayes, 1 no (Beam). Motion carries. 3. Public Forum None. 4. Reports/ Presentations/ Updates Council Update - Rosenthal reviewed the Recycle Center recommendations, approved by the City Council on October 21st. The Council also approved the divestments resolution. The Council recommended that the people requesting Ashland become a Bee City USA pursue this with the Parks Commission, as they have control over most of the things the group is concerned with. Rosenthal let the group know that the Council will be approving their strategic planning goals at the November 4th Council meeting. He recommended that the commission keep an eye on those goals. Recology - Buck gave information regarding the Leaf Drop-Off days, the pre-paid leaf bag program, and the option of short-term green bin service. She showed the group a series of videos she's working to be shown on SOPT broadcasts. As those broadcasts go to more than just Ashland residents, they needed to be fairly broad. Minutes for the Conservation Commission October 22, 2014 Page 2 of 2 Buck informed the group that Recology will be changing its name to "Recology Ashland". She and Hanks discussed some of the changes DEQ will be making regarding diversion rates. She would like to have this topic on a future agenda, once things are settled. Buck thanked Beam for contribution of cloth napkins to the Salmon Festival. Said it went well and that his car wash demo was requested for next year's event. Climate/Energy Sub-committee - McGinnis informed the group that the sub-committee is starting to morph into the new subcommittee, based on Council's STARR framework request. The group will use the framework as they proceed. They are hoping to talk to Council individually, in November or December to move ahead with the 1/2 FTE employee (or consultant) addition in the upcoming budget process. 5. Old Business Commission Goals - Group worked on assignments and timelines for each of the proposed goals. Group decided to pull in people from the community to assist on the events when they can. Sneak Preview Column - Hartman showed the group the published version of the first column and let them know that a picture can be included. Hanks informed the group he column on BYOB just before the meeting. Hartman reminded the group to let him know what topic they would like to write and what month they would like it to be published. 6. New Business Carbon Fee/Divided - Group discussed the information which was included in the packet. Sohl requested they hold off until the report due to the state legislature is published, which is expected at the end of November. In general, the group is supportive of a carbon tax but want a better understanding of the proposals as well as the potential pit-falls. Group agreed to wait until the legislative report is published and to have a full discussion with folks from all sides. Weir/Hartman m/s to add this to the December meeting with a minimum of 45 minutes of discussion. Discussion: Is it okay with the group for Sohl to send info from legislature before hand? Yes. Group discussed whether they needed to set up this discussion with a different format, more of an expert panel. Group decided this was unnecessary at this time. Weir/Hartman agreed to amend the original motion to include that equal amounts of time be allotted to each commissioner's discussion time. New motion reads, "move to add this to the December meeting with a minimum of 45 minutes of discussion, with equal amounts of time to be allotted to each commissioner." Voice Vote: 8 ayes, I no (Beam). Motion passes. Bee City USA Proposal - group agreed to leave this decision up to the Parks Commission, particularly after Council's discussion and decision. Meeting adjourned at 7:59 p.m. Respectfully submitted, Diana Shiplet Executive Secretary CITY OF ASHLAND Ashland Housing and Human Services Commission Minutes October 23, 2014 CALL TO ORDER Vice Chair Coriann Matthews called the meeting to order at 4:30 in the Lithia Room at the Community Development Building located at 51 Winburn Way, Ashland OR 97520. Commissioners Present: Council Liaison Regina A ars Pam Marsh-absent Gina DuQuenne SOU Liaison Michael Gutman Andrew Ensslin-absent Coriann Matthews Rich Rohde Staff Present: Commissions Absent: Linda Reid, Housing Specialist Connie Saldana Leslie Gore, Housing Program Asst. Joshua Boetti er Sue Crader Heidi Parker Approval of Minutes Rich Rohde/Michael Gutman m/s to approve minutes of the September 16, 2014 Housing and Human Services Commission meeting as presented. Motion passed. PUBLIC FORUM No one was present to speak. STRATEGIC PLAN WORKING DRAFT REVIEW AND DISCUSSION The Commission reviewed the results of the key informant interviews. The Commission discussed and compared the service gaps identified in the feedback gathered from the key informant interviews, the stakeholder/grantee forum, and the demographic resources gathered. The top five priority needs were identified as: affordable housing, mental health services, and services for youth, increased transportation opportunities, and drug and alcohol services. The commissioners agreed that these identified services needs would be the priority goals for the strategic plan. The commissioner's discussed implementation strategies and goal measurement/outcomes and provided further direction to staff regarding those items. STRATEGIC PLAN REVISIONS AND APPROVAL The Commissioners reviewed the draft document and recommended revisions, with instructions to staff to complete the recommended revisions, send out a poll to schedule a subcommittee meeting to review and approve the final document once the revisions have been completed and in advance of council review. NOVEMBER MEETING ALTERNATE DATE DUE TO HOLIDAY The Commission agreed that since the next regular meeting of the H&HS commission is scheduled to take place on Thanksgiving Day, the commission would move the meeting to the previous Thursday, November 20th , at the same time, same location. The Commission also approved holding a combined meeting CDBG community outreach/H&HS commission meeting for the December meeting (which will as regularly scheduled, would fall on Christmas day). That meeting is scheduled for Friday December 5th from 4:00-6:00 PM at the Grove located at 1195 E. Main Street. COUNCIL UPDATE ITEMS AND SPOKESPERSON SELECTION The Commission felt that Commission Chair Boettiger should deliver the update to the council. Items to cover would be the work completed on the council directed projects; the strategic plan for social services grant funds, and the student fair housing project. Further the commission wanted to provide a brief update on the results of their goal setting retreat. Reid will draw up a council communication for review by the Boettiger in advance of the meeting. LIAISON REPORTS AND DISCUSSION Council-No new update SOU Liaison-No new update Staff-Reid provided the commission with a preliminary overview of the agenda for the December 5th CDBG community engagement meeting. GENERAL ANNOUNCEMENTS - No new announcements. NOVEMBER 20. 2014 AGENDA ITEMS Finalize the Strategic plan (with input from Council). Update from Student Liaison on current status of Student Fair Housing project and outreach efforts, discussion of next steps. Update and discussion of Housing Trust Fund UPCOMING EVENTS AND MEETINGS City Council Meeting-Annual H&HS Commission Update 7:00-10:00 PM: November 18, 2014, Council Chambers 1175 E. Main Next Housing Commission Regular Meeting 4:30-6:30 PM; November 20, 2014 ADJOURNMENT - The meeting was adjourned at 6:30 p.m. Respectfully submitted by Linda Reid CITY OF ASHLAND ASHLAND PLANNING COMMISSION SPECIAL MEETING MINUTES October 28, 2014 CALL TO ORDER Vice 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 Debbie Miller April Lucas, Administrative Supervisor Melanie Mindlin Tracy Peddicord Lynn Thompson Absent Members: Council Liaison: Richard Kaplan Mike Morris, absent ANNOUNCEMENTS Community Development Director Bill Molnar reminded the group that their next meeting has been moved to Wednesday, November 12; the public hearing for the City's ice rink cover is on the agenda. He also announced the Planning Commission is scheduled to give their annual report to the City Council in December, and stated there are a number of items in the works at staff level including changes to the wildfire hazard zone and revisions to the airport zone. CONSENT AGENDA A. Approval of Minutes 1. September 9, 2014 Regular Meeting. 2. September 23, 2014 Study Session. Commissioners Miller/Thompson m/s to approve the Consent Agenda. Voice Vote: all AYES. Motion passed. [Commissioners Brown and Peddicord abstained] PUBLIC FORUM No one came forward to speak. UNFINISHED BUSINESS A. Approval of Findings for PA-2014-01354 & PA-2014-01355,1016 Clear Creek Dr. Commissioners Thompson/Miller m/s to approve the Findings. Voice Vote: all AYES. Motion passed. DISCUSSION ITEMS A. Meeting Attendance Requirements. Mr. Molnar explained the newly adopted uniform policies and procedures ordinance for commissions and committees requires the Planning Commission to set their own meeting attendance. He noted when the Commission made their recommendation to the Council back in 2012, a flat attendance rate of 75-80% over a 12-month period was suggested (with no distinction between excused and unexcused absences). Ashland Planning Commission October 28, 2014 Page 1 or 2 Staff was asked if the Commission could reconsider their requirements again in the future and Mr. Molnar responded that the Commission could establish a date for an annual review. Commissioner Brown asked if the Commission's requirements should restrict consecutive meeting absences. Commissioner Dawkins commented that in his time on the Commission this has not been an issue. Support was voiced for reviewing the attendance policy on an annual basis and adopting a 75% attendance requirement. Commissioners Thompson/Dawkins m/s for the Planning Commission to adopt an attendance requirement consistent with AMC 2.10.025(b) with the stipulation that the attendance requirements shall be reviewed at least once annually at the time the attendance report is adopted and forwarded to the City Recorder. Voice Vote: all AYES. Motion passed unanimously. B. Continued Discussion of Master Planning Approach. Planning Manager Maria Harris provided a brief overview of the draft report to the City Council which addresses: Benefits, Costs, Variation in Planning Area Characteristics, Environmental Resources, Initiating Planning Process, Boundaries, and Consultant. The Commission shared their comments and suggestions regarding the draft report. Commissioner Mindlin stated the memo is well written and reflects their discussion, but thinks they side-stepped the question raised by some councilors regarding the creation of new zoning designations within the plan area. She questioned whether the master plan goals could be achieved without creating new zoning categories. Mr. Molnar commented that the creation of a new zoning designation is dependent on a number of things, including specific issues and goals for the plan area. He stated if there are characteristics you are trying to preserve that are not covered in the existing standards, it may be necessary to adopt new standards. Ms. Harris called attention to the North Mountain zone that is similar to R-1 and stated there are only five uses allowed in the North Mountain R-1 zone, whereas the R-1 chapter that applies to the rest of town has four times as many allowed uses. She added you could not go back and change the existing R-1 chapter and remove uses that are currently allowed without creating legal issues. Commissioner Brown commented that how the new zones are titled may be causing confusion for citizens and elected officials and suggested a title that easily relates to existing designations, such as R-1-NM. He added it is necessary to make adjustments to the current zones to handle the differences in these specific areas and accomplish the goals you want to achieve. Commissioner Peddicord agreed that they need to have this as a tool that is available if you need to define a zone further. Commissioner Thompson stated in the context of the Unified Land Use Ordinance, any new code language will likely pull towards more simplicity. She added perhaps these concerns could be addressed by stating in limited cases where master plans are done there be very clear reasons why these plans are undertaken and to have sign off in advance on key plan goals (such as density). Commissioner Mindlin requested this issue be addressed more clearly in the memo. OTHER BUSINESS Ms. Harris noted the Unified Land Use Ordinance (ULUO) memo included in their packets is for information only and clarified this was presented to the City Council at their October 7 meeting. She provided a brief update of the Council's discussion of the ULUO amendments and noted they are scheduled to continue their discussion of this topic at their November 4 meeting. ADJOURNMENT Meeting adjourned at 8:05 p.m. Submitted by, April Lucas Administrative Supervisor Ashland Planning Commission October 28, 2014 Page 2 of 2 CITY OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES November 12, 2014 CALL TO ORDER Chair Richard Kaplan 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 Derek Severson, Associate Planner Richard Kaplan April Lucas, Administrative Supervisor Debbie Miller Melanie Mindlin Tracy Peddicord Lynn Thompson Absent Members: Council Liaison: None Mike Morris, absent ANNOUNCEMENTS Community Development Director Bill Molnar announced the December Study Session has been cancelled and the regular meeting on December 9 will include a public hearing for phase two of the First Place project and a discussion on Council's strategic goals. AD-HOC COMMITTEE UPDATES Normal Neighborhood Plan Working Group: Commissioner Kaplan provided a brief update on the Normal Plan Working Group. He stated at the group's next meeting on November 20 they will finalize their vision statement and recommendations to the City Council, which address: land use, housing densities, open space, design issues, and transportation. Kaplan added the vision statement and group's recommendation will be presented to the City Council on December 2. Downtown Parking and Multi-Modal Committee: Commissioner Dawkins noted the group has been working with students from the University of Oregon and stated the key issues being reviewed are: 1) assessing the needs of all downtown users, 2) addressing the negative perception of conflicting users, 3) ensuring maximum utilization of existing facilities, and 4) incorporating bike and pedestrian infrastructure improvements in the downtown area. Dawkins stated it appears Ashland does not have a supply problem, but rather a utilization problem, and commented briefly on some of the strategies being discussed. CONSENT AGENDA A. Approval of Minutes 1. October 28, 2014 Special Meeting. Commissioners Miller/Brown mis to approve the Consent Agenda. Voice Vote: all AYES. Motion passed. [Commissioner Kaplan abstained] PUBLIC FORUM No one came forward to speak. Ashland Planning Commission November 12, 2014 Page 1 of 4 TYPE II PUBLIC HEARING A. PLANNING ACTION: #2014-01837 SUBJECT PROPERTY: 95 Winburn Way (ice Rink parking lot) OWNERIAPPLICANT: City of Ashland, Ashland Parks & Recreation DESCRIPTION: A request for Site Review approval to place a canopy over the Ice Rink, a recreational facility within Lithia Park, located at 95 Winburn Way. The application includes requests for Exception to the Site Design and Use Standards (II-C-1-a and IV-C) and for a Variance to allow the canopy structure to be placed within the required ten-foot side yard setback along Winburn Way. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 391 E 09; TAX LOTS: Part of Tax Lot #100 (Lithia Park lot) Commissioner Kaplan read aloud the public hearing procedures for land use hearings. Ex Parte Contact Commissioners Mindlin, Miller, Dawkins, Brown, Kaplan, Thompson and Peddicord declared site visits; no ex parte contact was reported. Staff Report Associate Planner Derek Severson presented the staff report, He explained this application involves a portion of the Lithia Park parcel, which is 75.21 acres in size and includes city hall, the Chautauqua walk, Oregon Shakespeare Festival, Ashland Creek, both duck ponds, Winburn Way and Pioneer Street. Mr. Severson stated the portion involved in this application is the parking lot at the corner of Winburn Way and Nutley that serves as the location for the Ashland Rotary Centennial Ice Rink during the winter months. He stated the application is seeking site review approval to place a canopy over the ice rink, as well as an exception to the Site Design and Use Standards' Historic District Development Standards and a variance to allow the canopy structure to be placed within the required ten-foot setback along Winburn Way. Mr. Severson reviewed the specific approval criteria and stated the primary issues raised by neighboring property owners are the increase in size from the previously used canopy and the glare from the white cover material. He explained the new canopy has increased 20 feet in length, 10 feet in width, and approximately 6 feet in height. Mr. Severson commented on the streetscape along Winburn Way and noted it is not a typical historical residential streetscape and displayed photos of the city buildings, private parking lots, cafe, and park buildings along this stretch of road. He also recited the recommendation from the Historic Commission to approve the application but limit the ice rinks reason to November through March 15 and provide a perimeter of screening on the lot and/or the neighboring lots to mitigate the concerns regarding glare. Mr. Severson concluded his presentation and stated staff believes the applicant has provided sufficient information to justify approval of the request provided that the proposed mitigation is installed. He clarified one of the neighbors has submitted a continuation request and recommended the Commission leave the record open and continue this matter to the November 25 Special Meeting. Questions of Staff Staff was asked whether the Historic Commission made any specific recommendations on the type of screening vegetation. Mr. Severson stated the Commission discussed various screening options, not just vegetative, but did not make a specific recommendation. He added the applicant is aware that the Planning Commission may request a landscape plan prior to making a decision. Staff was asked to comment on their position that a conditional use permit is not required. Mr. Severson stated parks and recreational facilities (as well as accessory uses to permitted public parks and recreational uses) are outright permitted in this zone and staff does not believe this action requires a separate conditional use permit. Applicant's Presentation Michael Black/Ashland Parks & Recreation Director/Stated he has met with the neighbor who opposes the canopy and have reached a solution to address her issues, and added that he will be meeting with the property owners at 98 and 102 Granite soon. Mr. Black read aloud his proposed mitigation agreement (Exhibit P-16) which recommends 10-12 trees be installed between the park land and 94 Granite and to set a window of use for the canopy of November 1 to March 31. Mr. Ashland Planning Commission November 12, 2014 Page 2 of 4 Black commented on their application and stated that it is difficult to compare this to something else, which is generally what the Site Design & Use Standards do. He asked that the Commission approve their request with the proposed mitigation agreement and stated they could add a condition for the Parks & Recreation Department to work out the vegetative screening with the other two property owners. Stefani Seffinger/Parks & Recreation Commission Chair/Explained the ice rink cover is very important and the wider width allows spectators and parents to be under the cover while watching their children. Ms. Seffinger stated if the rink is not covered branches and leaves blow into the ice and could cause injury. Additionally, the new cover provides better visual clearance across the rink. She stated if the rink is not covered there is a great deal of time during the season that it is unusable. Questions of the Applicant The applicant was asked why the height of the canopy increased. Mr. Black explained the cover came pre-engineered and that height was necessary to withstand the loads. In regards to the canopy materials, he acknowledged that there may be glare issue and stated they are more than willing to take care of this, and believes the proposed mitigation measures will resolve this. Mr. Black was asked if a shade cloth could be placed over the top and he responded that this would impact the warranty of the structure and would look worse. He added snow load is another issue. The applicant was asked how much land at the top of the slope is owned by the City. Mr. Black clarified this area has been surveyed and there is plenty of room to plant the trees. He stated it varies, but the City owns 6-10 ft at the top of the slope. Mr. Black commented that they would be able to provide a detailed landscape plan before the next meeting. Public Input Lynn Spillman/98 Granite/Stated he is supportive of the ice rink, but the concerns and rights of the neighbors need to be respected. Mr. Spillman voiced his concern that they were not provided the opportunity to comment when the new cover went up last season. He thanked the Parks & Recreation Director for trying to provide some screening, but stated he does not believe that the canopy needs to be wider. He stated his preference would be for the canopy to not go up and for a more suitable one to be used instead. However, if approved, he asked that landscaping be provided (not just screening) and shared his concerns about erosion. Ruth Kennedy/94 Granite/Expressed her concerns with the process and stated a mistake was made when the Parks & Recreation Dept. failed to go through a process last year to allow the new canopy to go up. Ms. Kennedy stated the canopy's footprint is 75% larger than the old cover and when she expressed her concerns she was told that it was the same size. She stated the Planning Division informed the applicant in May that they would need to go through this hearing, however they waited to submit their application until the season was upon them. She stated the burden should not be on the neighbors to force the proper process and to flush out the intent of the applicant. Ms. Kennedy recommended the application be denied. Brandon Nelson/627 Oak/Stated he plays recreational ice hockey and serves as a hockey instructor at the rink. Mr. Nelson stated the canopy greatly improves the condition of the ice and there were no closures last season unlike the previous years. He stated they need to keep the canopy up so the kids who enjoy their winter programs can count on the facility being open and usable. John Joynt/1949 Crestview/Shared his experience with the ice rink and stated the canopy has been very helpful in preserving the ice. He added the extra width allows him to enjoy watching his children skate even when it is raining out. JW Lyon/128 S Pioneer/Stated the ice rink is directly across the park from his home, and while they are used to hearing the noises in the park, and canopy is inconsistent with the park's visual integrity. Mr. Lyon stated the park is beautiful to look at while the skating tent is huge, bright and ugly, and does not fit. He stated it has no historical reference even though it is located in a designated historic district. He asked the Commission to deny this application or require that they install a tent that is the same size as the one previously used. He also asked that the season be limited to mid-November to February. Ashland Planning Commission November 12, 2014 Page 3 of 4 Richard Hobbins/553 Suncrest, Talent/Stated he is the president of the Southern Oregon Adult Hockey Association and commented on the importance of this facility to the community. He stated there are a limited number of ice skating facilities in the valley and the use of this rink is very important to his organization. Mr. Hobbins stated without the canopy, the ice can be dangerous and added it was very difficult to keep the ice usable with the old cover. He stated the new canopy also allows them to keep their skating gear dry and warm. Edward Zobel/29 Granite/Stated his home is one block away from the ice rink and has skated at the rink under all the various conditions. Mr. Zobel stated a functional ice rink is a terrific asset to the community and the Commission should do whatever they can to appease the neighbor's complaints. He explained rain ruins the condition of the ice and without a canopy leaves and branches fall on the ice and make for really bad skating. He stated the new cover is substantially better and protects the ice at the far end of the rink that is exposed to the sun. Mr. Zobel stated last year the condition of the ice was the best he has ever seen and without the cover the rink was unusable 25% of the season. Doug Smith/60 Granite/Agrees with the objections raised regarding the process and stated the neighborhood concerns should be considered. Mr. Smith voiced his support for the application and stated this is not a commercial activity, but rather a park-like activity and is appropriate at this location. He stated the reason for the larger cover is because the sun's angle in the winter comes in from the side and melts the ice at certain times of the day, and because of those angles questioned the complaints about the glare. He added the length of the season should not be extended. Questions of Staff Mr. Molnar stated if there is any information the Commission would like provided before the continued hearing this is the time to request it. Commissioner Kaplan requested a landscaping plan be provided and information on whether it is supported by the neighbors; and Commissioner Brown requested a sun chart projection to ascertain whether glare is a valid issue. Commissioner Kaplan announced that the record will remain open and the public hearing on this matter will be continued to the November 25, 2014 Planning Commission Special Meeting. UNFINISHED BUSINESS A. Review of Report on Master Planning Approach. Community Development Director Bill Molnar provided a short review of the Planning Commission's Report on the City's master planning approach, and noted that this item will likely be presented to the City Council when the Commission provides their annual presentation in December. Commissioner Mindlin stated staff did a good job capturing their discussion and comments, but noted one small typographical error on page three; the last sentence of the bullet list should read '%f densities are proposed that are different... "She also recommended that a sentence on page two be reworded to make it easier to understand. Commissioner Thompson questioned the section titles in the report and Mr. Molnar clarified the format was taken from the City Council's standard council communication document. He added staff could create a separate cover memo and attach the report to resolve this issue. Commissioner Thompson also asked that "explained"be replaced with 'examined"in the last sentence on page one. ADJOURNMENT Meeting adjourned at 8:30 p.m. Submitted by, April Lucas, Administrative Supervisor Ashland Planning Commission November 12, 2014 Page 4 of 4 ASHLAND TRANSPORTATION COMMISSION MINUTES OCTOBER 23, 2014 CALL TO ORDER: Chair David Young called the meeting to order at 6:00 p.m. in the Civic Center Council Chambers, 1175 E. Main Street. Commissioners Present: Joe Graf, Alan Bender, Shawn Kampmann, Corinne Vieville and David Young Commissioners Absent: Staff Present: Scott Fleury, Mike Faught (arrived at 6:20, left at 6:58) and Tami De Mille-Campos Council Liaison Present: Carol Voisin ANNOUNCEMENTS CONSENT AGENDA PUBLIC FORUM None NEW BUSINESS E. Nevada Bridge Connection Fleury reminded the commission of the background on this item. Last year staff went into the process of applying for federal funding for the E. Nevada Bridge Connection which was a priority project in the Transportation System Plan (TSP) and showed an estimated cost of 2.261 million dollars. Along the way, the Oregon Department of Transportation (ODOT) called and asked to scope the project (like they did for all of the projects that were out for funding). Staff met with them on site and then ODOT went back and entered everything into their system and came back with a total cost of 8.5-9 million dollar estimate which kind of pushed them out of the funding limit, At that point staff went to work validating the TSP estimate and ODOT's estimate. Staff contacted Oregon Bridge Engineering Consultants (OBEC) and they re-estimated the project and the process even included a few meetings with ODOT along the way. Jeff Bernardo, P.E. (Civil Engineer) with OBEC Consulting Engineers presented their estimate and explained how they came to that conclusion. He said since the sixties OBEC has typically focused on projects related to bridges, highways, and various other things. They are very familiar with projects such as the E. Nevada Bridge Connection. He stated that when Faught and Fleury called him they wanted to have OBEC provide kind of a third party look at the project. The TSP had one estimate and ODOT had a pretty significantly higher cost. When he first saw ODOT's estimate of 8.8 million dollars he felt like it was a kind of a silly number and was a bit over the top. So what they did was they met with Fleury and discussed the details of the wants and needs. This estimate they came up with is what they would consider a conceptual cost estimate, in which they stay very conservative but at the same time very detailed. To come up with these numbers they went to the extent of pulling some FEMA hydraulic data, looking at how wide the floodplain is, and the flood way to try to get a decent estimate of how long this bridge would need to be. They also took an aerial photo and came up with a contour map to see if the vertical alignment would work for this structure and the connecting roadway. Most importantly they put in a fairly hefty contingency of thirty percent and came up with a total of about 5.5 million dollars. At the time this was done using the mindset that federal funds would be used on this project. Once federal dollars are used it generally requires the highest level of environmental studies and design standards. So these figures were put into the calculation with that in mind. Transportation Commission October 23, 2014 Page 1 of 6 Bernardo stated that 5.48 million dollars is very conservative and is going to leave a lot of room for things that could come up; such as geotechnical issues, surprises as you get further into hydraulic studies, environmental issues or archaeological/cultural issues. Right of way is another one which they have included 550 thousand dollars to deal with the access issues and the adjacent land owners. He added that this is probably more like a 3-4 million dollar project if things go well. Kampmann asked if they prepare all of their estimates conservatively. Bernardo answered that for some of their clients they do not. He said there have been times where they go with the "glass is half full" approach at this early stage and then you tell them they need say 3 million dollars and then it ends up being a 3.8 million dollar project. He said that is a really painful position to be in so the answer is yes they like to be conservative. To that Kampmann pointed out that all of the comparable projects that were included in the meeting packet came in over budget. Bernardo answered that the easiest explanation is that each of the project total's for the comparable projects are the actual final costs for the projects escalated per the US department of labor rates for 2014. He added that we have been in a trend lately where bids have been very competitive. There are a lot of contractors, not a lot of projects & so they have found that often times the actual project costs (which go to the lowest bidder) are far below their estimate. He also pointed out that their biggest fear is they have a client whose costs far exceed the estimate and then they are in a very uncomfortable position. Young responded that Bernardo has done a really good job of expressing the fact that they are very conservative on their estimate but he still isn't clear why the cost per square foot is so much higher than the comparables. Bernardo pointed out the only bridge out of these that hasn't been built is this bridge. They have estimated the E. Nevada Bridge to be 200 feet long but often times the types of things that control the length of a bridge is hydraulics. They have downloaded some FEMA data & looked at some lines on maps but what they haven't done is the 20-30 thousand dollars worth of hydraulic modeling that really must be done to put a brand new bridge over this creek. Faught informed the commission that having an estimate that is a little bit high is a good thing. He also added there is some risk if you are too high because then the bids start creeping up but in this particular case where there was so much controversy around ODOT's number and then OBEC's number they were trying to stay consistent with the way they were estimating. Faught apologized for missing the previous conversation due to being late to this meeting because he had just come from the Normal Avenue meeting. He pointed out the biggest difference between the two estimates is the difference in the access points. He also stated it sounds like the big question the committee has at this point is regarding whether a thirty percent contingency is suitable. He thinks at this point for a project this size it is a very smart move on the cities part because what they don't know right now is how much right of way is going to cost, what the unit bids are going to be etc. He added that he is really comfortable that the project can be built for around 4 million but there are just enough variables out there that they don't know for sure & he doesn't want to have this project come in significantly outside of what the cost estimates are. He said if they had paid OBEC to do full engineering at this point and had completed the right of way analysis then he would say the estimate needs to be pinned down. However, from a planning perspective you are going to see all of the projects with a thirty percent contingency from this point on. Chair Young remarked this is all public record and he wonders if this information could cause bids to come in higher because the estimate is so high. Faught answered that at this point this is a planning estimate, when we get ready to go out for bid the estimate will have been fine tuned and that is the number that will get advertised. Right now this is just a placeholder for a project, and now staff will go seek funding for it. Once the funding is secured then they will start doing the engineering and a more specific bidding process. He said he agrees with Young's concern and could see that happening if they were to bid it out right now and that is why the engineering must happen first. Bernardo agreed and said the further you go into the design stage the more your contingency shrinks. Right now this estimate is calculated at about a thirty percent design level. When you get to about a ninety percent level of design then you Transportation Commission October 23, 2014 Page 2 of 6 drop the contingency to about ten percent. At the time of bid they recommend about a three percent contingency because there are still things that can crop up during construction, such as geotech. He mentioned that some of these things would cost you more to study than to just leave a little contingency there and be covered in the event that something did pop up during construction. Faught agrees with that. Bender asked how long they expect this project to take and how long did the comparables take to complete? Bernardo answered they think the construction side of this project is likely a one season project, so essentially one year for construction. Faught added the design side of it should happen a year before that and Bernardo agrees. Bernardo added you should allow at least a year for the engineering. There are many steps to the process such as environmental permitting, right of way impacts etc. He also mentioned that inflation is also another thing to consider so having a little bit of a cushion to deal with that is important. Councilor Voisin stated she would have loved to have seen ODOT's budget so she could see the differences between the two estimates. She asked if the specs are the same for the two different estimates. He answered they are not the same specs, there are some differences and ODOT made some other assumptions. For example, they had assumed a 400 foot bridge which really goes from top of bank to top of bank. The overall structure costs are fairly similar but some of the places where their numbers ballooned out of shape were areas such as temporary traffic control (they estimated 421 thousand dollars), removal of structures and obstructions (they estimated 126 thousand dollars) as well as a few others. He added the scoping estimate spreadsheet that ODOT uses is a very helpful tool for large highway projects and it is based heavily on total cost of project percentages. So for instance the temporary traffic control figure is calculated at 10 percent of the overall cost of the project. On this particular project OBEC estimated 25 thousand for temporary traffic control because there are two dead end streets. So you might put up a few signs and a few barricades etc. He also mentioned that when you take that number that is based on a percentage and you add the thirty percent contingency which they have added as well then you start to see these additional amounts compound. Voisin remarked that she understands that but it is still well over a 3 million dollar difference, she would like to see what makes up that difference. Faught answered that ODOT's estimate included raising the bridge up enough to allow right of way for the two homes and the bridge would span over 4 hundred feet in length. What ODOT isn't aware of is that the City owns property that can possibly be traded and therefore the city would move the road over about 15 feet. OBEC's proposal would cut the length of the bridge in half (2 hundred feet). So the key difference is ODOT doesn't have this background data and they didn't consult the City about that. Faught explained the next step is to secure the financing of 5.5 million dollars. He added they need to have all of the money before they take off the engineering piece. He pointed out the only reason he didn't go after the funding this year is because the city won't have the money until fiscal year 2017/2018 & you can't wait that long to spend it. Once you obtain the funding there are rules on spending the money. Once the funding is secured for the whole project then the city will proceed with the request for proposals for engineering and wetland, assuming the Council approves of it first. Voisin asked Faught where the 5.5 million dollars would come from. Faught responded that is what he would be taking to Council. He added the difference would come out of the Street fund debt service. So the money would be borrowed using a low interest loan through the revolving loan fund that is available for transportation. Kampmann isn't sure why this particular project is such a high priority over all of the other projects. Faught replied he was planning to leave the meeting early because of a prior engagement. However he would really like to provide the answer for that at a future meeting. Transportation Commission October 23, 2014 Page 3 of 6 Downtown Parking Management and Circulation Ad Hoc Advisory Committee Vieville/Bender m/s to recommend Council approves Graf as the liaison to the Downtown Parking Management and Circulation Ad Hoc Advisory Committee. Kampmann commented he was originally interested in being the liaison. Chair Young added he and Kampmann had a discussion before the meeting and since the Mayor made the interim appointment, he and Graf met for two hours and Graf has gone through all of the committee materials to bring him up to speed. He said as he explained to Kampmann earlier when the original agenda item to appoint two members was discussed he was absent from that meeting and therefore two members were appointed. At that time Graf had voiced his willingness to serve but felt he may be too new to represent the Transportation Commission. Voisin suggested an alternative approach and that is having an alternate who would be able to attend and participate but not vote. Young replied that everyone is welcome to attend these meetings anyways. Kampmann said he isn't really interested in serving as an alternate and is ok with just voting on the motion. Approved by unanimous consent. Bicycle Network Prioritization Fleury presented the current TSP Bicycle Network Project list for discussion about prioritization. He recommended the commission focus on the high projects due to the volume of projects. The commission decided to go down the list one by one and decide on whether to keep the project in the list or remove it. Then at a subsequent meeting they will go back through the ones that they kept and rank them. Chair Young described the bicycle boulevard concept. He stated the ideas to keep in mind are those stretches that will really enhance safe routes to school and connectivity. He said he would also add well traveled roads and not dealing with roads that have huge grades, such as Wimer Street. Fleury pointed out one that they have already completed is the Glenn/Orange connection where they put signage and sharrows there. He added the other caveat to certain level order of streets to get that bicycle boulevard designation is the 20 mph posting that the state now allows you to do independent of a state traffic engineer per the states guidelines. (04) Retrofit Bicycle Program - keep (B2) Wimer St. Bicycle Boulevard - remove (B5) Maple/Scenic/Nutley Bicycle Boulevard - remove (137) Iowa St. Bike Lane - keep (B10) S. Mountain Ave. Bike Lane - keep (1311) Wightman St. Bicycle Boulevard - keep (1313) B St. Bicycle Boulevard - keep (B16) Lithia Way Bicycle Boulevard - keep (B17) Main St. Bicycle Boulevard - keep (619) Helman St. Bicycle Boulevard - keep (1326) Normal Ave. Bike Lane - remove (B29) Walker Ave. Bicycle Boulevard - remove (1331) Indiana St. Bicycle Boulevard - keep (1333) Eighth St. Bicycle Boulevard - keep (1338) Oregon/Clark St. Bicycle Boulevard - remove (TR1) North side Trail - remove Transportation Commission October 23, 2014 Page 4 of 6 OLD BUSINESS FOLLOW UP ITEMS Sherman/Iowa speed analysis Fleury said they did a speed and volume study out there (included in packet). Fleury stated he spoke to Officer MacLennan and he is going to park the speed trailer out there and Fleury is also going to send him the data because there are certain peaks throughout the day. He also mentioned he had included in the packet resolution 90-03 which is used when looking at the warrants for stop signs, yield signs and no parking zones. He would like to bring this back as a future agenda item because it is a bit outdated. He also added that he reached out and spoke to the City of Medford. They have a point system that they use to score intersections. He wanted to present their plan to the commission and have an overarching discussion on this and see about updating the resolution. Ashland Street Speed Study Fleury said he made the request to the State Traffic Engineers office to do the speed study and he asked them to look at lowering the speed from 35 mph to 30 mph all the way to Tolman Creek. Bike Lane letter of support-ODOT Fleury stated we now have a draft letter of support that will be brought back for the Chair's signature. This item was in regards to Gary Shaff who came to the September meeting and asked for a letter of support from the Transportation Commission. Audible Pedestrian Signals Fleury stated all eight new buttons that were ordered have arrived and now he will need to get with Dan Dorrell and the ODOT electric crew to do the installations. Kampmann asked if the volume on the audible pedestrian signals can be lowered. Fleury said the volume can be lowered but the volume is designed to articulate to the background noise. He added there have been complaints at the corner of Walker and Ashland Street and ODOT went out and adjusted the volume on it which we can do at other locations if necessary. INFORMATIONAL ITEMS Action Summary Traffic Crash Summary The commission had some questions regarding the traffic crash summary for September and why some of them were not cited. Officer MacLennan provided additional background information regarding those incidents that were brought up. Oregon Impact October Newsletter COMMISSION OPEN DISCUSSION FUTURE AGENDA TOPICS RVTD Presentation SOU Multi-Modal Future Public Outreach/Education Traffic Crash Summary PD letter Transportation Commission October 23, 2014 Page 5 of 6 Kampmann thinks that we need to be addressing the situation on Siskiyou Boulevard in front of the University with all of the crosswalks and flashing lights. He would like to request a traffic study. Chair Young added this is the next step after the downtown parking and circulation plan is finished as a result of the TSP. Kampmann added that the intersection is getting so plugged up now that people are backed up half way to Walker. Fleury said he found out what one of the issues is while he was coming back from the Airport and waiting through two light cycles while making the right hand turn from Hwy 66 onto Siskiyou. What he found out is in ODOT's traffic cabinet controller they have a loop amplifier and they have been having problems with it which is causing the left turn off of Siskiyou onto Wightman to get an extra light cycle. ODOT is working on this particular issue; they have replaced that amplifier a couple of times and they are trying to remedy that. Fleury also added that the next issue is the progression of crosswalks there which the safety study is supposed to address and he believes SOU is also looking at that. Chair Young stated it's not so much the crosswalks causing that problem, it's that left turn arrow at Wightman is getting an extra cycle. Fleury said once we solve that amplifier problem that extra left hand turn cycle will go away. Kampmann reiterated that might be part of the problem but the big problem is that there is no coordination with those crosswalks. What is happening is there are times throughout the day where there is a constant flow of students crossing one right after another and it causes a backup. Graf pointed out that the issue is that they always have the right of way, once they enter the crosswalk traffic is supposed to stop for them. Kampmann mentioned that is why he had requested the agenda item "public outreach/education" to try to educate people. ADJOURNMENT Meeting adjourned at 8:15 pm Respectfully submitted, Tami De Mille-Campos, Administrative Assistant Transportation Commission October 23, 2014 Page 6 of 6 CITY OF ASHLAND Council Communication December 2, 2014, Business Meeting Liquor License Application for Kathryn Maloof dba Agave FROM: Barbara Christensen, City Recorder, christeb@ashland.or.us SUMMARY Recommendation of a Liquor License Application from Kathryn Maloof dba Agave at 5 Granite Street BACKGROUND AND POLICY IMPLICATIONS: Application is for change of location. ' 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 determination 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 recommend liquor license for Kathryn Maloof dba Agave. ATTACHMENTS: None Page 1 of 1 ~r, CITY OF ASHLAND Council Communication December 2, 2014, Business Meeting FEMA Assistance to Firefighters Grant Requests FROM: John Karns, fire chief, Ashland Fire and Rescue, karnsj@ashland.or.us SUMMARY A new application period for the FEMA Assistance to Firefighters Grant (AFG) program has opened up. Ashland Fire & Rescue wishes to apply for several grants for the department to purchase needed equipment to replace current items, including hydraulic rescue tools, cardiac defibrillators, and an aerial ladder truck. Applications are due on December 5, 2014. BACKGROUND AND POLICY IMPLICATIONS: The Department of Homeland Security, through FEMA, has an Assistance to Firefighters Grant program that has been in place for a number of years. This grant program gives departments an opportunity to acquire equipment, personnel, and training that they would otherwise not be able to fund. Ashland Fire & Rescue has been awarded a number of grants. Ashland Fire & Rescue wishes to apply for the following grants: • $92,400 to replace existing hydraulic rescue tools and help purchase two new sets to be placed in service on our fire engines. The existing units, now placed on the front-line two ambulances, are over 18 years old and will not cut through or manipulate the micro-alloy construction of new-generation automobiles. Also, when the two front-line ambulances are out on responses, the City has no vehicle extrication capability. Placing this equipment on the engines will ensure that this equipment is available for use in Ashland. • $330,000 for the purchase of new cardiac defibrillators. Our current inventory of ten defibrillators will be unsupported in 2017 which will necessitate replacement. This is mandatory equipment for our emergency medical responses. All other career departments and ambulance providers in Jackson County have replaced their units. • $980,000 for the purchase of a quint style aerial apparatus. The application period for this year's AFG grants closes on December 5, 2014. COUNCIL GOALS SUPPORTED: PUBLIC SAFETY GOAL (2013) Public safety and other city agencies, along with the community, collaborate effectively to ensure security for all and improve overall livability. • Provide modern, fully equipped facilities and equipment for city public safety functions FISCAL IMPLICATIONS: AFG grants under this year's program require a 10% match. This will cost the city $9,240 if the extrication equipment is approved, $33,000 if the purchase of the defibrillators is approved, and $98,000 if the purchase of the aerial apparatus is approved. Page 1 of 2 CITY OF ASHLAND STAFF RECOMMENDATION AND REQUESTED ACTION: AF&R recommends that council approve a motion to apply to FEMA for the AFG grant program to purchase the required hydraulic rescue equipment, cardiac defibrillators, and quint style aerial apparatus. SUGGESTED MOTION: I move to approve AF&R's request to apply to FEMA's Assistance to Firefighters Grant program for the purchase of new hydraulic rescue equipment, cardiac defibrillators, and quint style aerial apparatus. ATTACHMENTS: N/A Page 2 of 2 ~r, CITY OF ASHLAND Council Communication December 2, 2014, Business Meeting A Resolution Declaring the Canvass of the Vote of the Election Held in and for the City of Ashland, Oregon on November 4, 2014 and Mayoral Proclamation FROM: Barbara Christensen, City Recorder, christeb@ashland.or.us SUMMARY Approval of a Resolution declaring the Canvass of the Vote of the election held in and for the City of Ashland, Oregon on November 4, 2014, and Mayoral Proclamation. BACKGROUND AND POLICY IMPLICATIONS: Article VII, Section 6, of the Ashland City Charter requires that the Canvass of the Vote for all city elections be made, and the results of the election "shall be entered in the record of the proceedings of the council." The Resolution sets forth the vote for each position and the proclamation sets forth the name of each person elected to office, all as required by this chapter section. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS N/A STAFF RECOMMENDATION AND REQUESTED ACTION Approve Resolution with the Mayor reading aloud the Proclamation. MOTION Motion to approve a resolution titled, "A resolution declaring the Canvass of the Vote of the election held in and for the City of Ashland Oregon on November 4, 2014." ATTACHMENTS Resolution Proclamation Abstract of the Vote Page 1 of 1 i`, RESOLUTION NO. 2014- A Resolution Declaring the Canvass of the Vote of the Election Held in and for the City of Ashland, Oregon on November 4, 2014 Recitals: COUNCIL MEMBER - POSITION NO. 2 Mike Morris 6,050 Write-Ins 93 COUNCIL MEMBER - POSITION NO. 4 Stefani Seffinger 7,548 Biome Michael Erickson 795 Write-Ins 41 COUNCIL MEMBER - POSITION NO. 6 Pam Marsh 6,994 Theo White 742 Write-Ins 49 PARKS COMMISSIONER - POSITION NO. 3 Mike Gardiner 5,754 Write-Ins 105 PARKS COMMISSIONER - POSITION NO. 4 Matthew Miller (write-in most votes cast) 611 Write-Ins - (multiple) 925 PARKS COMMISSIONER - POSITION NO. 5 Rick Landt 5,919 Write-Ins 82 MUNICIPAL JUDGE Pam Turner Burkholder 5,973 Write-Ins 59 CITY RECORDER Barbara Christensen 6,308 Write-Ins 53 THE CITY OF ASHLAND RESOLVES AS FOLLOWS: Page 1 of 2 SECTION 1. Mike Morris is declared to be the duly elected council member for Position No. 2. SECTION 2. Stefani Seffinger is declared to be the duly elected council member for Position No.4. SECTION 3. Pam Marsh is declared to be the duly elected council member for Position No. 6. F Wyk eootAl t 5 !5 1 OA-R K, SECTION 4. Mike Gardiner is declared to be the duly elected for Position No. 3. SECTION 5. Matthew Miller is declared to be the duly elected parks commissioner for Position No. 4. SECTION 6. Rick Landt is declared to be the duly elected parks commissioner for Position No. 5. SECTION 7. Pam Turner Burkholder is declared to be the duly elected Municipal Judge. SECTION 8. Barbara Christensen is declared to be the duly elected City Recorder. SECTION 9. This resolution was duly PASSED and ADOPTED this day of December, 2014, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of December, 2014: John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 2 of 2 P" ° 31 -S x S~ 4W A o o f ° GT ° o o o o AF, ~g v g° a g caFa g P~°w g v g ~a go - PROCLAMATION 4 :l r I, John Stromberg, Mayor of the City of Ashland, Oregon, do proclaim that at the ~ Ab/y election held in the City of Ashland, Oregon, on the 4t" day of November, 2014, there 5NI-)) a c°° 00 was submitted to the voters the question of the elections of persons to various elective PCA offices in the City. ©Or~ 0 0 rQ It is hereby declared that the following persons were elected to the positions set forth Q next to their names: -<I- 0 00 Council Member, Position 42 Mike Morris Council Member, Position #4 Stefani Seffinger 0 0. Council Member, Position #6 Pam Marsh Park Commissioner, Position #3 Mike Gardiner °o ~R l ° Park Commissioner, Position 44 Matthew Miller 004 11 Park Commissioner, Position #5 Rick Landt ` Municipal Judge, Pamela Burkholder Turner' 00 City Recorder, Barbara Christensen Dated at Ashland, Oregon, this 2"d day of December, 2014. < -0 John Stromberg, Mayor Barbara Christensen, City Recorder 'ZI 0. 7 FA .2 NUMBERED KEY CANVASS GENERAL ELECTION NOVEMBER 4, 2014 RUN DATE:11/20/14 11:12 AM JACKSON COUNTY, OREGON REPORT•EL52 PAGE 0019 VOTES PERCENT Recorder ASHLAND CITY Vote for I 01 = Barbara Christensen 6,308 99.17 02 = WRITE-IN 53 .83 01 02 0002 002 1626 9 0004 004 1607 16 0007 007 1363 14 0010 010 108 0 0013 013 1604 14 I certify the votes recorded on this,bst~act corre tly summari a the tally of votes cast at the election indicated. tlna D Walker, Jjckson County Clerk date r NUMBERED KEY CANVASS GENERAL ELECTION NOVEMBER 4, 2014 RUN OATE:11/20/14 11:12 AM JACKSON COUNTY, OREGON REPORT-EL52 PAGE 0020 VOTES PERCENT Councilmemher, Pos 2 ASHLAND CITY Vote for 1 01 = Michael Morris 6.050 98.49 02 = WRITE,IN 93 1.51 01 02 0002 002 1567 21 0004 004 1540 24 0007 007 1302 25 0010 010 104 0 0013 013 1537 23 I certify the votes recorded on that abs ract orrectly summarize the tally of votes cast at the election indicated. % rs m D. Walk , JA *son County Clerk date { NUMBERED KEY CANVASS GENERAL ELECTION NOVEMBER 4, 2014 RUN PATE:11120/14 11:12 AM JACKSON COUNTY, OREGON REPORT-EL52 PAGE 0021 VOTES PERCENT VOTES PERCENT Councilmember. Pos 4 ASHLAND CITY Vote for 1 01 = Stefani Seffinger 7.548 90.03 02 = Biome Michael Erickson 795 9.48 03 = WRITE-IN 41 .49 01 02 03 0002 002 2067 164 14 0004 004 1982 209 7 0007 007 1609 188 14 0010 010 95 17 0 0013 013 1795 217 6 1 certify the votes recorded o 'this ' bstract correctly summarize the tally of votes cast at the election indicated. -•i tlne,...__Walker, Jackson County Clerk date + NUMBERED KEY CANVASS GENERAL ELECTION NOVEMBER 4, 2014 RUN DATE:11/20/14 11:12 AM JACKSON COUNTY, OREGON REPORT•EL52 PAGE 0022 VOTES PERCENT VOTES PERCENT Councilmember, Pus 6 ASHLAND CITY Vote for 1 01 = Pam Marsh 6,994 89.84 02 = Theo I White 742 9.53 03 = WRITE-IN 49 .63 01 02 03 0002 002 1903 150 13 0004 004 1829 191 13 0007 007 1524 176 13 0010 010 91 15 1 0013 013 1647 210 9 I certify the votes recorded oh thi abstract correctly summarize the tally of votes cast at the election indicated. L ri One . Vbalker, ckson county Clerk date V NUMBERED KEY CANVASS GENERAL ELECTION NOVEMBER 4, 2014 RUN DATE:11/20/14 11:12 AM JACKSON COUNTY, OREGON REPORT-EL52 PAGE 0023 VOTES PERCENT Parks & Rec Commissioner, Pos 3 ASHLAND CITY Vote for i 01 = Mike Gardiner 5,754 98.21 02 = WRITE-IN 105 1.79 01 D2 0002 002 1459 20 0004 004 1485 22 0007 007 1253 23 0010 010 100 0 0013 013 1457 40 certify the votes recorded pn t itbsfr t correctly summarize the tally of votes cast at the election indicated. ;i tin. _D._LVa 1rer, Jackson County Clerk date i NUMBERED KEY CANVASS GENERAL ELECTION NOVEMBER 4. 2014 RUN DATE:11/20/14 11:12 AM JACKSON COUNTY, OREGON REPORT-EL52 PAGE 0024 VOTES PERCENT Parks & Rec Commissioner, Pos 4 ASHLAND CITY Vote for 1 01 = NO CANDIDATE FILED 0 02 = WRITE-IN 1,536 100.00 01 02 0002 002 0 388 0004 004 0 367 0007 007 0 349 0010 010 0 16 0013 013 0 416 l certify the votes recorded can th abstract correctly summarize the tally of votes cast at the election indicated. r stine . Walk r, Jackson County Clerk date NUMBERED KEY CANVASS GENERAL ELECTION NOVEMBER 4, 2014 RUN DATE:11/20/14 11:12 AM JACKSON COUNTY, OREGON REPORT•EL52 PAGE 0025 VOTES PERCENT Parks & Rec Commissioner, Pos 5 ASHLAND CITY Vote for 1 01 = Rick Landt 5,919 98.63 02 = WRITE-IN 62 1.37 01 02 0002 002 1527 20 0004 004 1490 17 0007 007 1313 17 0010 010 1.02 0 0013 013 1487 28 I certify the votes recorded onhis bstragt correctly summarize the tally of votes cast at the electron indicated. hr; tine D Walker, Ja on County Clerk date I NUMBERED KEY CANVASS GENERAL ELECTION NOVEMBER 4, 2014 RUN DATE:11/20/14 11:12 AM JACKSON COUNTY, OREGON REPORT•EL52 PAGE 0026 VOTES PERCENT Municipal Judge ASHLAND CITY Vote for 1 01 = Pam Burkholder Turner, 5,973 99.02 02 = WRITE-IN 59 .98 01 02 0002 002 1540 17 0004 004 1512 14 0007 007 1319 12 0010 010 98 0 0013 013 1504 16 I c e r t i f y the votes recorded n t h hi abs act correctly su marize the tally of votes cast at the election indicated r -,,Ch stin D. Walker-,-' ckson County Clerk date Parks & Rec Comm., Pos. 4, City of Asfi land write-ins Office or Measure Parks & Rec Comm., rn Pos. 4, City of Ashland Qj ° r a o L q CountyS Ld nl- Jackson O j cC Chi v ~i Election W 'Y 1 ~ X e ~ aC D November 4, 2014 y W 'Rzz 3 w Flo c 0 O -4 -n Pagez?o{KYpages LO O O R- n U CL C~ Ballot Number _ < m O O Name or Na, of Precinct N Z 2 4 7 I i Io 10 13 N <,d $ad m u~i tZ N 6 7 ~ A ^ ] ^ O A W N O O Z N (D d O w w a M m - N o m N fU 0 O ] V ~ to ~ fn C n m ~ m y O m 3 m m O V. m n n D 7 N w N m N O d N fD rZf N N 0 N O ~ P d G N N SI ATUR OF COUNTY LERK W-15 OF ABSTRACT I cerfity the votes recorded on this abstract correctly summate the tally of votes cast at the election indicated.{ ABSTRACT OF VOTES AT GENERAL AND ABSTR T OF V TES AT PRIMARY ELECTIONS SPECIAL ELECTIONS Separate sheets for Democratic, Republican: Nonpartisan and other candidates. Votes cast for governor must be on separate page or pages (ORS separate sheets for candidates for city, county (including and state offices. 254.545 . h ( 9 precinct) Parks & Rec Comm., Pos. 4, City of Ashland write-ins Office or Measure Parks & Rec Comm., cc- A Pos. 4, City of Ashland w o county ct1 Jackson Z 2 W •~c •u Election J Q Lu v m W November 4, 2014 0 n Lk C ~ M -_e 00 U -4 -n Page"73ofkypages ct 21- 00 cs; O C1 IT- Ballot Number < Rt Name or No. of Preclnci -4 O CA Z 2 4 ` 7 10 13 <~d ~vd in a m m m aim m o ogd m m - N H 00 G~1 ~r3 N p, u r0 N N 0 O J V 0) ut c rn C a m y n' m E0.- z4 ' gg m N O N N 6 0 3 'O fD N O !0 m rn rh N d N N ~ fr1 N IG V J ~ d N O d C N N CS ~tA N70-7777 Al SIG URf OFCOUNTY EftK r]ATE OF ABSTRACT I cerfity the votes recorded on this abstract correctly summarize the tally of votes cast at the election indicated_ ABSTRACT VOTES AT GENERAL AND ABSTRACT'O1'VOTE AT PRIMARY ELECTIONS SPECIAL ELECTIONS i Separate sheets for Democratic, Republican, Nonpartisan and other candidates. Votes45cast for governor must be on separate page or pages (ORS Separate sheets for candidates for city, county (including precinct) and state offices. 254,5 . Parks & Rec Comm., Pos. 4, City of Ashland write-ins Office or Measure v Parks & Rec Comm., tj `t'- Q:~ ~ 3 A Pos. 4, City of Ashland W Ij ip W o ~h County W p Jackson Z to a n Election t U -4 November 4, 2014 C4 1Ij m C co o W -ip I'a rl 70p PageifkYpages L Ballot Number p O -i O Name or No. of Precinct M Z in 2 1 I f 4 ii 7 1 10 m 13 coo ,E m y ~ N C. ~ m m w D aA pW N b N N rp O W W tD N - w N 00 l7 y d 3. m m t m 0 V Ot Vt rr !n C 0 m ~9w w o w °1 d n O W w b m a O V) ~ CA N_ w N N A N N N a ~ io w ~ o ~ w a m w G a Nb 7o7 1 SIGN RE pGOU TY CLE ) OATS OF ABSTRACT I cerfity the votes recorded on this abstract corregly summarize the tally of votes cast at the election indicated. - l r ABSTRACT OF VOTES AT GENERAL AND ABS •RAC. 'OF YQI AT-PRiNfARY ELECTIONS SPECIAL ELECTIONS Separate sheets for Demoeratio, Republican, Nonpartisan and other candidates. votes cast for governor must be on separate page or pages (ORS Separate sheets for candidates for city, county (including precinct) and state offices. 254.545 . Parks & Rec Comm., Pos. 4, City of Ashland write-ins Office or Measure U) Parks & Rec Comm., t3 Pos. 4, City of Ashland O County N SO G7 (L rs Jackson c d v Election_ tp November 4, 2014 J o r` ^I q 2`` O -t m Page,15of4gpages ~ U - - m Ballot Number p O -I O Name or No. of Precinct M z'. 2 11 4 1 7 1 c2 02 10 13 ~ w 2 m i3 N N N d m N ~ tC w ^ O A W N w0 t0 p N_ t0 l~ ~ w w w m m N N O N w 3. rS m o m N 9 N O ~1 61 (T n. m y °-Om ~O N m w ~ N w o. Q 0 re m N 'O N fn O W U) Gw m m ~ to m m v ~ m N O ~ N w C N N~ To tL ( y i 1 i i 3 ATE Or ABSTRACT D cerfity the votes recorded on this abstract correctly summarize the l r7/ F CQU7~7 tally of votes cast at the election indicated. ABSTRACT OF VOTES AT GENERAL AND BS RAC -OF-VOTE AT PRIMARY ELECTIONS SPECIAL ELECTIONS Separate sheets for Demoerate, Republican, Nonpartisan and other candidates. Votes cast for governor must be on separate page or pages (ORS Separate sheets for candidates for city, county (including precinct) and state offices. 1115 . Parks & Rec Comm., Pos. 4, City of Ashland write-ins Office or Measure ST M Parks & Rec Comm., -q~ fd a Pos. 4, City of Ashland UA o County q Z - Jackson d v t~ 3 Election 4D U0 to co 5~ November 4, 2014 3 v ~ ~ M Q, co q w no Page~Gof`wpages r` Lt] V cy O X Ballot Number m C) O -1 O Name or No. of Precinct N Z 2 4 7 jj 10 on 13 S~ N (ap N M J IV ^ N 7 p A G>N 00Z o m m ~ m m m - N N n0 m 3 d G' m 3 rn ~ fJ O V M L [n C n ~ N o m O m O ~ m ~ o m ~ a n ro m c w N O b ~ n w m m 7J N e m v ~ m N D ;a d N GF N7 TOTAL l a ! ( 2 ( 1 2 s C ; DATE OF ABSTRACT SI TU OF GOJINTY ceffity the votes recorded on this abstract correetty summarize the j / I L j tally of votes cast at the election indicaked. T !i' f' / / ( / _ ABSTRACT OF VOTES AT GENERAL AND ggSTR T OF V ES AT PRIMARY ELECTIONS SPECIAL ELECTIONS Separate sheets for Democrabc. Repubtican, honpadsan and other candidates. Votes cast for governor must be on separate page or pages (ORS Separate sheets for candidates for city, county (including precinct) and state offices. 254.545. Parks & Rec Comm., Pos. 4, City of Ashland write-ins Office or Measure Parks & Rec Comm., 02 l4 cz! ~ M Pos. 4, City of Ashland w lIJ W `:u County ur 0 i[U ? l tl J /J Qj 'j Jackson. A Election 3 Z ( r 3 'i can November 4, 2014 z w w 2 V v 9 0 0 0 < F_ Pag6 7ofNages F ? - LL) Ll3 ` _ _ Satfat Number Q Name or No. of Precinct M 2 2 ! I'13 1 4 I,0 D. 7 1 1 123 10 3 13 1 iPaa 1 ~~a S w N m new m m J O A W IJ lb 0 .w 92 O w w m m - b ~ O 3 3 m v7mv 0 0 V OI CT ~ (nC Ei m O Q) m m v, O N m n O N N b m O l0 m m U d d m m 7] N m m v ~ m N O m Ot m ^y r J~ 1I N IV o T A ! ! ! ~tJ ! 1 SIG TU OF GOUNTYC HK / DA7E OF ABB7AAC7 I cefity the votes recorded on this abstract correctly summarize the ~ ~ . tally of votes cast at the election indicated ABSTRACT OF VOTES AT GENERAL AND ABSTRAC OF Vg4ES AT PRIMARY ELECTIONS SPECIAL ELECTIONS Separate sheets for Democratic, Repubucan, Nonpartisan and other candidates Voles cast for governor must be on separate page or pages (ORS Separate sheets for candidates for city, counly (including precinct) and state offices. 254.545 . Parks & Rec Comm., Pos. 4, City of Ashland write-ins Office or Measure Parks & Rec Comm., M Pos. 4, Ci of Ashland (6 w O o County J lie Q 2 o ~ - W U ~ 1-- 0 p a l~ o Jackson 0 _ ~ Election o 0 a 03 November 4, 2014 3 v 4 3- (fj m 0 uJ ~J `u y ~r :y 0 0 Pag4ofNYpages t O O n ;u Ballot Number C O Name or no, or Precinct O O mz 2 J rn 4 7 z 10 13 ~r g ~a a N N N ~ 2 m ~n o a [J N 0 0 z m m y m m - a m n w o 3 u ~ m v ro 0 v m ch ~-CnC n m ur Q m N 0 n m m n O 0 m N N ti m oo3 O J rD W m d N N 11 m N N N m O in m N d f m N ~R fvn ~~tc i 1 t ( r7 i SSGNAT}JRt OF Z CLE DATE OF ABSTRACT I Certty the votes recorded on this abstract correctly summarize th L/ tally of votes cast at the election indicated. ABSTRACT OF VOTES AT GENERAL AND ABSTRACT VOT AT PRIMARY ELECTIONS SPECIAL ELECTIONS separate sheets for Democratic, Republican, Nonpamsan and other candidates, Votes cast for governor must be on separate page or pages (ORS Separate sheets for candidates for ci coun 254.545 . ty, ry (including precinct) and state offices. Parks & Rec Comm., Pos. 4, City of Ashland write-ins Office or Measure rn Parks & Rec Comm., Pos. 4, City of Ashland o o ° of county rn ~Z' Z p J t(,t Jackson O = l,U a Election 3 5C w eo N D November 4, 2014 W J W o .Y 0 c~ V -4 -n •Z- I` J h °O PageofyYpages 6 Ballot Number ° O Name or No. of Precinct M Z 2 f J 4 i 10 13 ~ N w y O• w m ry ^ in' ^ O A w N O O z iu f4 N w w OO _a B m a m N O V 9) IA In C a m in n a cn d O m O~ o w ~ n n 0 m N w lD 0 O P 9. Nir Fir N N xCD w N V ~ N ~ m O ET w w rSr-'G "RE OF COVN L` R ' DATE OF ABSTRACT I ceffity the votes recorded on this abstract correctly summanie t i/ tally of votes cast at the election indicated. 't l7 G ABSTRACT OF VOTES AT GENERAL AND ABSTRAC OF VO ES AT PRIMARY ELECTIONS SPECIAL ELECTIONS Separate sheets for Democratic, Republican, Nonpartisan and other candidates. 254545) Votes cast for governor must be on separate page or pages (OR$ Separate sheets for candidates for city, county (including precinct) and state offices. . Parks & Rec Comm., Pos. 4, Ci of Ashland write-ins Office or Measure m Parks & Rec Comm., 2 o Pos. 4, City of Ashland County Ll Q Qj co [(J Jackson ° © r Election 3 Z J November 4, 2014 to Y Z a m S Qf t~ V 00 rJ p w 00 PaQ0%fyyPages U! v ce C-0 -n %0 F? 1-~ _ - f ? - - m Ballot Number O O Name or No. of Precinct M Z 2 4 gg 7 10 13 w s m m N i] O m m N 7 O t+ fJ N 00z o w w N N O , m O ~ N w x M D m o O V ~ tie t CD,= 0 m O 'm m o a m to ~ a 0 m Nitin m n m m D D m m O d 4 m N (;N R i 0 C 3 i ( I I a 3 S"NALlN7 70FC NTY CLER OAYE OF ABSTRACT I cerfdy the votes recorded on this abstract correctly summrize th tally of votes cast at the election indicated ' IX ABSTRACT OF VOTES AT GENERAL AND SPECIAL ELECTIONS ABSTR' T OF V TES AT PRIMARY ELECTIONS Separate sheets for Democratic, Republican, Nonpartisan and other candidates. Votes cast for governor most be on separate page or pages (ORS Separate sheets for candidates for city, county (including 254.545 , precinct) and state offices. Parks & Rec Comm., Pos. 4, City of Ashland write-ins Office or Measure tL m Q__ 1 Parks & Rec Comm., 0 a o Pos. 4, City of Ashfand J Q a ° County 4 w W ICl Jackson ra- V Ltl a q Q-1 a G3 q ILI IM rn Election O a! ` Q 1 n November 4, 2014 LU a --z ((it M 4 Z ~ OT p O t.U ttrcl `c~ e O O Page31 of4y pages CY V a > C M Ballot Number O p Name or No. of Precinct qq M Z 2 I ~ I 4 7 i 10 rn m 13 ~ -u ~ _N N fn° °m m d a .m. (p N ^ D ? W N Q o z m m m 0 ry 10 fO d d m fl~~ N n O , N in 3 vi y c m m N D m N O V Ql {T ~-rnC a. a in m N m a 0 0 D m N O (o W V1 0 d N m W N m a ~ w m o 6 m u' G k N Ta-TAL 1 f ! a 1 1 3 SIG ~6E- FZ -CL s DATE OF ABSTRACT I cerfity the votes recorded on this abstract correctly summarize the tally of votes cast at the election indicated. ~J azx~ ABSTRACT OF VOTES AT GENERAL AND ABSTRAC OF VOTE `AT PRIMARY ELECTIONS SPECIAL ELECTIONS Separate sheets for Democratic, Republican, Nonpartisan and other candidates. Votes cast for governor must be on separate page or pages (ORS Se arate Sheets for candidates for ci coun 254.545. P ry, ry (including precinct) and stale offices. Parks & Rec Comm., Pos. 4, City of Ashland write-ins Office or Measure W ITI Parks & Rec Comm., LU w Pos. 4, City of Ashland a ° QU County 2 Q O cz Jackson Qe a' ° 2 rp a ca- FL ca (v a d ao a Election 3 3 ~ Wn November 4, 2014 f M _j _ m J a ~n n J K ur 2 -4 -n h r I~ `.t 5C v ° n:6 Page32of 1{Npages V) /2 m - - - - - - - Ballot Number O O Name or No, of Precinct M z 2 1 1 4 I 3 7 i 10 m 13 ~vk a ~ N N N ~ N N ^ N p A C.r N 002 m m o d m ~ w m m N fA ~ ° El 0 3 N y 6 N N D ID O v ~ tit L ~ C 6 N N fl N ~ n N O N ? n O 0 m m a N 0 4U) ~ m v ~ m o m m m OV' D -To T x l I 1 I I I 3 SIGN REA COUNTY OLE DATE OF ABSTRACT I cerfity the votes recorded on this abstract correctly summarize the tally of votes cast at the election indicated. ABSTRACT OF VOTES AT GENERAL AND ggSTRAC OF VOTf~ AT PRIMARY ELECTIONS SPECIAL ELECTIONS Separate sheets for Democratic, Republican, Nonpartisan and other candidates. Votes cast for governor must be on separate page or pages (ORS Separate sheets for candidates for city, county (including precinct) and state offices 2"4 "l5 Parks & Rec Comm., Pos. 4, Ci of Ashland write-ins Office or Measure N Parks & Rec Comm., q o Pos. 4, City of Ashland W ` Q C ° County ..Z 0 rY V7 ~ 2 t~ y 2 I11 Jackson 6 G Y tU x lu .iZ a Q © W CO) Election 3 CLJ a U) Y November 4, 2014 Q z Ld m r 2 2 1 .t -no t _rl t~t <r tl o 00 Pageooftlypages C~ Q yy ) T rn Ballot Number O 0 Name or No. of Precinct y z 2 I 1/ /a Z I 4 I Flo 7 53 10 13 ~ N w N N rp N J ^ O p W N o0Z ro ro m o m w w n d 3 Q y ~ 3 m m w v ro N O V rP N ~ N C n a (n m ~ m 0 m m n n 0 m N fD 0 O N ~ (n G7 m v m m ;U N m ro a ~ ~ N w o m ~ m ro w SIGNATURE FCOUN CL K OAT OF ABSTRACT I ce~ty the votes recorded on this abstract correctly summarize the - ' tally of votes cast at the election indicated. ABSTRACT OF VOTES AT GENERAL AND SPECIAL ELECTIONS ABSTRACT OF VOT S AIPIM RY ELECTIONS Separate sheets for Democratic, Republican, Nonpartisan and other candidates I= cast for governor must he on separate page or pages (ORS Separate sheets for candidates for city, county (including precinct) and state offices. 254.545 . Parks & Rec Comm., Pos. 4, City of Ashland write-ins Office or Measure cn Parks & Rec Comm., Q o Pos. 4, City of Ashland ° L-L County rn d iij p U > Vr P lij Jackson N o r a 3 Q a 1 W m Election clz N 1 O o-' 1 -1 y. November 4, 2014 o ? m V f- zt: a LO v 00 QD -q -n Q 00 PageNcof"i'lipages 1-01 tx V 1 n ;5 Ballot Number O O Name or No. of Precinct M Z 2 4 7 I 1 1 10 13 -U "a N_ N uaa d ~ m N J ~ A W N O O Z N rD N~ m m y ro m - m w o 3 'a S2 ro r`0y ~ v m ~mrn c ~ C nSi in 5 m m 0 n N O y N oO (D N N U n) N O J rp m rn fn W d m fD N fD N ~ N O m ~ W m G P A nJD -To T t I J [ 1 L 1 l 5'I LF K, DATE OF ABSTRACT I cerfity the votes recorded on this abstract correctly summarize h~ ~ - tally of votes cast at the election indicated. ABSTRACT OF VOTES AT GENERAL AND ASST A-017- SPECIAL ELECTIONS VOTES.-AT-PRIMARY ELECTIONS Separate sheets for Democratic, Republican, Nonpartisan and other candidates. Votes cast for governor must be on separate page or pages (ORS Separate sheets for candidates for city, County (including precinct) and state offices. 254.545 . Parks & Rec Comm., Pos. 4, City of Ashland write-ins Office or Measure r- m Parks & Rec Comm., a~ W Uj W Pos. 4, City of Ashland County ~b 14 Jackson o LQ W ` D Election 3 GUj w V) 'Zz CAI (n .j y Y November 4, 2014 W 3 ¢ v 0 j 41 t} _ 1C -n } ~r -Z_ 00 Page,RFOO rPages ^f Vi 67) G M Ballot Number 0 O Name or No. of Precinct 11111 Z 2 4 7 c 10 M 13 < d ~Um ~ N r! m a ~ a ~ m m m ^ o A Pro O4w c. ir iv 0 m m m m m - N N O m 3 a~ a 510 a m m 0 v m ~ n m N 'n' m to ° O m Odd N O N ~ 4 L7 O J U1 r~ N N N O to W E m^ 0 m M to fD ~ U ~ m O ~ N d N lT R A N -Q '-l-o-T A t- -z I I ~ ~ 4 St TtJ6 OF CO NTY-LERK DATE OF ABSTRACT I cerfity the votes recorded on this abstract correctly summarize tivi tally of votes cast at the election indicated, ABSTRACT OF VOTES AT GENERAL AND SPECIAL ELECTIONS ABSTRACT OF VO E5 AT PRIMARY ELECTIONS Separate sheets for Democratic, Republican, Nonpartisan and other candidates, Votes rasl for governor must he on separate page or pages (ORS Separate sheets for candidates for pry, county (including precool) and state offices. 254-545 . Parks & Rec Comm., Pos. 4, Ci of Ashland write-ins Office or Measure on Parks & Rec Comm., Pos. 4, City of Ashland W 0 ° County ljj m C" li Jackson 10 (~Q Cn W -71 V) W Election 3 N 'd V1 -4 V November 4, 2014 (J V > IG LL, ~ M q R v G Z 0 0 -i "n 00 Pa9e3e& Npages lLt > CY 1~ (!1 VI U T ;a C R1 Ballot Number - - - - O O Name or No. of Precinct M Z 2 P 4 7 f 10 13 < ° m m -a d m m ~ a o ry ^ N ^ O A W N 0 Z! m m m dm= d m m N N 0 ~ m 3 w w - m m v, v m N O J V Ol U L ~ C d d Cn _O. n• . O m O u N ~ N a n 0 cQ m N a m a O m m to m m N m N a = fD ~ vt O ~a m 91 t1N'F4 E K DATE Or ADSTRACT I cerrdy the votes recorded on this abstract correctly summarize tall of votes cast at the election indicated 1 ABSTRACT OF VOTES AT GENERAL AND ABSTRA OF-VOT S AT PRIMARY ELECTIONS SPECIAL ELECTIONS Separate sheets for Democratic, Republican, Nonpartisan and other candidates Votes cast for governor must be on separate page or pages (ORS Separate sheets for candidates for city, county (including precinct) and state offices. 254.545. Parks & Rec Comm., Pos. 4, City of Ashland write-ins office or Measure Q. LL Parks & Rec Comm., ~j - O 'I,< o Pos. 4, City of Ashland u - County J Z vl Z K tC d V f~ N" Jackson n 7 v1 ' In Election 3 x h t/1 \ W D L-W November 4, 2014 a a rn 00 t l~r t~ c13 jj ~ -n ~ Page 7ofpages Ballot Number O O Name or No. of Precinct M z 2 4 II 7 i 10 r I v, 13 <~d gno;B N N N N ^ O A W N 0 V z m m m ~ ra rydm~, N N O r 3 O 3 m m v m N O V Of CT C rA C a m [A 9 cn CD O CJ N -i W = d n O 5 a N N N O r0 Oo N rG a N N D N N N N GRA N?) T0-rA(_ t 1 3 r 1 1 SI EO COUNTY CLER DATE OF ABSTRACT I cerfity the votes recorded on this abstract correctly summarize the - _ / tally of votes cast at the election indicated. ABSTRACT OF VOTES AT GENERAL AND ABSTRACh-(I VOTE ATPR[MARY ELECTIONS SPECIAL ELECTIONS Separate sheets for Democratic, Republican, Nonpartisan and other candidates. votes cast for governor must be on separate page or pages (ORS Separate sheets for candidates for city, county (including precinct) and state offices. 25A.5A5 Parks & Rec Comm., Pos. 4, Ci of Ashland write-iris office or Measure v~ Parks & Rec Comm., Q, -4 W Pos. 4, City of Ashland W q *ti' ~ IN :2 W a ° County Jackson Election 3 co November 4, 2014 f✓ W o i- n ` 4 -n 00 Page j~ofgpages V ,C1 IiJ '0 Cr] h -n m Ballot Number O O Name or No. of Precinct M Z 2 4 7 10 13 ~ ~ m ~ w m m a m m m o [A W N f6 c; N_ d d y N rE - ~ N O 3 m m N p Q7 0 7 .i m cn rn c a v to nmO m Odd m g ~ m N j Q n 0 ro N a N O f0 m d ~ d rD W ;U fn N N TJ ~ ~ w N O rD N d G r0 N J--.I A 1 z 1 GP N D 7a7A~- SIG UREOF OUNTV CL DATE OF ABSTRACT - 1 cerfity the votes recorded on this abstract correctly summarize th - - tally of votes cast at the election indicated. ABSTRACT OF VOTES AT GENERAL AND ABSTRA T & VOT S AT P Y ELECTIONS SPECIAL ELECTIONS Separate sheets for Democratic, Republican, Nonpartisan and other candidates. Votes cast for governor must be on separate page or pages (ORS Separate sheets for candidates far city, county (including precinct) and stale offices. 254.545 Parks & Rec Comm., Pos. 4, City of Ashland write-ins Office or Measure rn Parks & Rec Comm., A v! c~ 'B Pos. 4, City of Ashland 2 County ( W O ~v J N Lo Jackson u cr? 3/^ w 1- a Election 3 (n [.rJ vl r t"p 3 c November 4, 2014 u W ' f x q m U C ~ Q 0 O Page'W&`Ypages W O ;a Ballot Number O Q Name or No. of Precinct unit Z 2 1 4 7 10 13 <~d ~ N w ry Q. S m ~ N 2 ~ N y^ O A W N C 1 N m m o m d y m m - N W O 0 N prj N (p a b 4) r~ O V 01 Oo c qJ C a m in m O m N y d n a R N O m N O r0 N N ~ W d N N ry N b ~ N O 4I a m N j 1-71 R 2 t 1 SIGN UR~..O COUN .CLERK OATE OF ABSTRACT I cerrity the votes recorded on this abstract correctly summarize the - , tally of votes cast at the election indicated. ABSTRACT OF VOTES AT GENERAL AND ABSTRA OF VOTES T PRIMARY ELECTIONS SPECIAL ELECTIONS Separate sheets for Democratic, Republican, Nonpartisan and other candidates. Votes cast for governor must be on separate page or pages (ORS separate sheets for candidates for city, county (including precinct) and slate offices. 254545). Parks & Rec Comm., Pos. 4, City of Ashland write-ins Office or Measure rn Parks & Rec Comm., w 1 Pos. 4, Cat of Ashland r~ 0 p uJ lu ° County W ~ to O c q o a C 3 Z5 Jackson o 7y-I" I o ~ ~ ~ m Election in i November 4, 2014 t ILI Z t p rv X Ltl t' LU 2 -n o a Oo Page _ fpages Q Lll rt ,'o Ballot Number O a Name or No. of Precinct rn z 2 4 7 10 m 13 ro <~d "m ~ma N ro a m m o A N O O Z ro ro c m m m ~ 6 m m m N N O O N N .T,n. N ry w a W 0 V D1 [T ~ Cn C a m [n n m ~ O m D; m N W 7 a C) 0 ro m v ro 0 .a m d m m ~ ~ w N O N N a m G R ~rJ • `To-r I. l ] - ,I I ~ 1 l I 51 AT RE O -F-7; DATE OF ABSTRACT I cerfity the votes recorded on this abstract correctly summanze)he- tally of votes cast at the election indicated. ABSTRACT OF VOTES AT GENERAL AND ABSTRA T OF V ES AT PRIMA ELECTIONS SPECIAL ELECTIONS Separate sheets for Democratic. Republican. Nonpartisan and other candidates. Voles casl for governor must be on separate page or pages (ORS Separate sheets for candidates for city, county (including precinct) and state offices. 254.545 . Parks & Rec Comm., Pos. 4, City of Ashland write-ins Office or Measure t~ A Parks & Rec Comm., R) e o Pos. 4, City of Ashland county SCI J 5 t,U 1 1 W in ' Jackson .CD Ch p o D W Election `3 > 3 ~ D > w M November 4, 2014 cL tV m k -4 -n } 3 tyl Z P .Z ~7 I-6j O O ageNl of Npages G M Ballot Number O O Name or No. of Precinct M Z 2 ii 4 I 7 10 m 13 5~m 'U ~ N N S N ro N d ~ r p A W N ooz (D N d 1ro0 1ro0 O N (N_(pp y N N l'1 rn y m rn 0 m N O ~1 Of fn ld C a d N K n m N ~ 3 6 n O U] N N n] ro N O O N N N CA N~ N N N ;U CA o ro v ~ 'm ° N O N N 7 v z' Ib N ~RAWZ) ~vT t .z I ) 1 7777 $I TORE F~OU~Nt-Y71~ DATE OF ABSTRACT I cerfity the votes recorded an this abstract correctly summarize the tally of votes cast at the eledion indicated. ABSTRACT OF VOTES AT GENERAL AND ABS ACT OF ^ ESAT PRIMARY ELECTIONS SPECIAL ELECTIONS Separate sheets for Democratic, Republican, Nonpartisan and other candidates, Votes cast far governor must be cn separate page or pages (ORS separate sheers for candidates for city. county (Induding precinct) and state offices. 254.545. Parks & Rec Comm., Pos. 4, City of Ashland write-ins Office or Measure m Parks & Rec Comm., ~p W Pos. 4, City of Ashland L County rn o ~y Jackson (D t7 'i N D Election 3 LIJ -I November 4, 2014 ? a N o a io :l ~ M °K 00 Paget'-~ot``(pages U <L, c1.. rn Ballot Number O O Name or No. of Precinct M Z 2 4 7 10 13 4. ~ _N N N a N (P N ^ N m p A WW N E N N_ w m 'm m m - N N rf N 3 3 m - N N m N O v m U a rn cn a w to 0. W O m O ~ y m o N N Q 0 O f0 m f/r N V N 0 O (O OS V1 ~ a w O N 7J V1 N N a ~ m v m o m N GAIN A To7 {L ( 1 3 $1 ATUR -COU NL~ER - / GATE OF ABSTRACT I cerfity the votes recorded on this abstract correctly summar RIW tally of votes cast at the election indicated. ABSTRACT OF VOTES AT GENERAL AND tl CCC ABSTRACT OF VOTES AT PRIMARY ELECTIONS SPECIAL ELECTIONS Separate sheets for Democratic, Republican. Nonpartisan and other candidates. Votes cast for governor must be on separate page or pages (ORS separate sheets for candidates for city, county (including precinct) and state omioes. 254.545. Parks & Rec Comm., Pos. 4, City of Ashland -inrt3 Office or Measure 1 vi Parks & Rec Comm., .x I4f A Pos. 4, Cif of Ashland q County rn U C' LU !a- Jackson U p v D <n Election 0) D November 4, 2014 r L tJ M Lu ~f O (L a 1 -n b 111 W W O t~ 00 Page[[nn f4 pages C T ;a Ballot Number O Name or No. of Precinct M Z 2 4 7 10 m 13 <~d d ~ N N H a ro a ~ m m N J A J N O O z f0 ~ o m m - N M n0 R. m~ a m rn 0 74 m w tto c a iu` t/t in . N ~ n (7 J N N D m q ro m Ch rn d 0^^f N m N ~ D ~ m m N O a m N SIG URE FCOUNN CL[ DATE OF ABSTRACT I cerfity the votes recorded on this abstract correctly summarize the tally of votes cast at the election indicated. ABSTRACT OF VOTES AT GENERAL AND ABSTRACT OF VO7 S AT PRIMARY ELECTIONS SPECIAL ELECTIONS Separate sheets for Democratic, Republican, Nonpartisan and other candidates. votes cast for governor must be on separate page or pages (ORS Separate sheets for candidates for city, county (including precinct) and state offices. 254.545 . Parks & Rec Comm., Pos. 4, City of Ashland write-ins Office or Measure cn Parks & Rec Comm., Pos. 4, City of Ashland County V l1 cL d rn c ? 1t Jackson Cb 5 o ~(y o v o N m N Election to co D November 4, 2014 Ch 0 _N< W N 00 Page~of!'pages -in X - - - to Ballot Number 0 o Name or No. of Precinct M Z 2 4 7 10 13 <1d vd ~ N W flf p; ~ m w o A rJ N O O ~ ~ w o m m ~ m m ro N y O o m CD m m ~ 0 ~t m cn it ~n 5- a. vO n_ m . m 00 m n O m N N O fn 00 Q) rn m m m 0 ID 0 ID m N m Ot O ;a d G~~~ ro~~~ 1 i i + l z SG pppF r'nI rN CLBR DATE OF ABSTRACT 1 cerfity the votes recorded on this abstract correctly summarize tall of votes cast at the election indicated. ABSTRACT OF VOTES AT GENERAL AND ABSTRACT OF'VO . S.AT_P_~ ARY ELECTIONS SPECIAL ELECTIONS Separate sheets for Democratic. Republican, Nonpartisan and other candidates. V 254.otes54cast5for governor must be on separate page or pages (ORS Separate sheets for canddates for city . county (Including precinct) and state otnces. Parks & Rec Comm., Pos. 4, City of Ashland write-ins Office or Measure Parks & Rec Comm., v} v m Pos. 4, City of Ashland O to U n $ County M O fjj Q l N J f Jackson ` Election 3 q > to November 4, 2014 14, w ~Cnt fit Z -1 V 1* F - 2 00 Page L of !"Pages U 0. Q of O O Q1- -n x Ballot Number < M Name or No, of Precinct O~ O rn z 2 4 7 10 < ~ v ~ m ~ N N ~ ~ rn N ^ N a O A W N O O Z m m m d 9I ~ N (D ~ N N O 0 fU O ~ N a m ~ rnv' ~ m G c a m N -O 0~, m ~ m o o. 0 Q Q m o 0 N O Pea ~ [n N d t0 tD tC N O ~ a N O m rn m m G O %A D ?'o-t L 1 3 ( z SIG ATU E6~C0 K, DATE OF ABSTRACT I cerfity, the votes recorded on this abstract correctly summarize the ` tally of votes cast at the election indicated ABSTRACT OF VOTES AT GENERAL AND SPECIAL ELECTIONS ABSTRA OF VO f S AT..PRIMARY)ELECTIONS Separate sheets for Democratic, Republican, Nonpartisan and other candidates. Votes cast for governor must be on separate page or pages (ORS Se arate sheets for candidates for ci coun 2_S48 . P ry, ty (including precinct) and state offices. Parks & Rec Comm., Pos. 4, City of Ashland write-ins Office or Measure Parks & Rec Comm., c r z Pos. 4, City of Ashland Lrj '6 ~ j o County Z i~. `t rx U LL ( Jackson `C ul ~k ul I( Election t.~ U Dj N _ z -1 November 4, 2014 > w _ v ( o 0O Page2ofyf(pages [ ] - O 56 Ballot Number < Name or No, of Precinct O mZ 2 N 4 7 1 z 1 1 10 13 i ILI" N N 5 p A W N O O Z rD N d m m d m m - N to O y b~3 m 5~ ~ m M b N O V M N ~ N C EL w N m °-=m O ~ ~ m N N 7 Q n O fA O O 0 O f0 W N N N ~ V! ® ~ID V ~ u~ O 3 w N GRA ~lb --ro T r4 L i 2 i I I V l1R COUNTYCLr nATEOFABSTRACT I cerfiry the votes recorded on this abstract correctly summarize the SION` OF tally of votes cast at the election indicated. 2-1 ABSTRACT OF VOTES AT GENERAL AND ABSTRACV80 SPECIAL ELECTIONS F VOTFr6 AT PRIMARY ELECTIONS Separate sheets for Democratic, Republican, Nonpartisan and othereandidates. votes cast for governor must be on separate page or pages (ORS Separate sheets for candidates for city, county (including precinct) and state offices. 254.545 . Parks & Rec Comm., Pos. 4, City of Ashland write-ins Office or Measure Parks & Rec Comm., 2 cl Pos. 4, City of Ashland County U S J u [V cY Cl eC V tij Jackson Q i~ T Election 1:U ll to Q7 QQ a 3 lij v V y b November 4, 2014 t11 c N ch UI Page =of4Ypages 0 T O~ Ballot dumber < m - Name or No. of Precinct p M z 2 1 1 I I C f y 4 7 y I 10 13 Crd b N N (p N ~ .r ^ O d W N O O Z m m m ,p m o m m ~ rv m - y ~ o d~ 3 m in 0 V ~ U a m m n m N ~ y O N N O. C) O b N 6 H O rp W d d N N A N m nr v 5 ~ m y o ~ N J d N N GkAND TOTAL. I I I fiS1.R 6FGOUNTY CL 3( DATE OF ABSTRACT I Gerrity the votes recorded on this abstract correctly summariz tally of votes cast at the election indicated, ABSTRACT OF VOTES AT GENERAL AND ABSTRACT OF VOTES Ar PRIMARY_ ELECTIONS SPECIAL ELECTIONS Separate sheets for Demacrahcs. Republican, Nonpartisan and other candidates. Votes cast ror governor must be on separate page or pages (ORS Separate sheets for candidates for cih, county (including precinct) and state offices. 254.545 . Parks & Rec Comm., Pos. 4, City of Ashland write-ins Office or Measure Parks & Rec Comm., V j Pos. 4, Cit of Ashland S County -4 0, tf ~1 rd 1) Jackson V p n a Election t~ t1 r~ v r~ to W f~ (jY November 4, 2014 f( f ' Q7 ` W Z ,a m 00 I -n Page y of Iypages W Sy S O O 1 b ti V ri a a -n X - m Ballot Number p G7 Name or No. of Precinct M z 2 4 J 7 10 13 f li a am -m <v ^ m ~ i~•g o a m m m i A rJ N O O Z m m m m m ~ com- 3 N m W. a ~ n,y m ~ v m 0 V ~ O+ fl ~ ~ C ftD 0 fD m n O m m d 0 O m a m 0 m m to ~ tv m ;Tl r~ m m rn p1 m o m ~ m m m G RA AI t T- CT X 4- f 1 f S ATUFWDFC UN CLERK DATE OF AeSTnACT I cerfity the votes recorded on this abstract correctly summarize-tug y / tally of votes cast at the election indicated. j f !l rf / ff ABSTRACT OF VOTES AT GENERAL AND G ( SPECIAL ELECTIONS ABSTRA~T OF U ES. AT_PRI Y ELECTIONS Separate sheets for Democrali_ Republican, Nonpartisan and other candidates. Votes Cast for governor must be on separate page or pages (ORS separate sheets for candidates for city, county (including precinct) and state offices. 254.545 . Parks & Rec Comm., Pos. 4, Ci of Ashland write-ins Office or Measure U) A Parks & Rec Comm., (f) Pos. 4, City of Ashland u Z> Z.- county 0 ~ O v t o to w Qf v Jackson a n ctl o' Q2 CO n Election 1_U 5 N D November 4, 2014 3 1 m tUu x x ~j Z r V O TO t1 1Z Pages oftl4pages ;a - - Ballot Number Q M O -i O Name or No. of Precinct M Z 2 2 z 4 7 2 10 13 2 ~ N N m m m m o A W N o a w_ ~ ro m/1 N n N El in y ~ m m ~ v m 0 V ~ N cn c a P1 fn m N p1 Om N y O^ N m d n O t0 ID N m N O In _N m m IG ;U N m m 7 O d til m y m t m N GRfwN~ TdTAL 2 2 2 Z 2 - SIG NAT E F COUNTY CLE HATE OF ABSTRACT correctly summarize the I cerfity the votes recorded on this abstract r</` tally of votes cast at the election indicated. 1 2, Z' ABSTRACT OF VOTES AT GENERAL AND ABSTRACT-OF VOT S AT PRIMARY ELECTIONS SPECIAL ELECTIONS Separate sheets for Democratic, Republican, Nonpartisan and other candidates Votes rase for governor must be on separate page or pages (ORS Separate sheets for candidates for city, county (including precinct) and stale offices. 254.545, Parks & Rec Comm., Pos. 4, City of Ashland write-ins Office or Measure Parks & Rec Comm., LI) tK fit Pos. 4, City of Ashland z ~ ~ lrf U1 County Z a tc~ Q cn CO ~ ru ~ ~ 7., ~ Jackson Election CY CE1 `C v v to 3 d U V v W ~ n November 4, 2014 LU ::z x t~ o ~ m 't-1 0 H o J v j to LU -3 PageLofjKYpages -n x Ballot Number 0 Gl 1 O Name or No. of Precinct m z 2 ~ 4 7 10 m 13 N F5 m'Dw m ~ a m y ~ m a ~ m N N p A W N 0 O ai m m ~ m m - m m O N m a. 0 m m 'C] ro O V N N C ~ C n ~ N N 0 ro 0 n m m o m m a r1 0 rn m N N 'O N 0 O N U1 d m m^ m N N N O ro ~ m d ro TO -P 4 Z GWL ~~y RK } DATE CF ABSTRACT I cerfity the votes recorded on this abstract correctly summa v -/L/ tally of votes cast at the election indicated- i ABSTRACT OF VOTES AT GENERAL AND ABSTRA T OF VO, ES AT PRIMARY ELECTIONS SPECIAL ELECTIONS Separate sheets for Dernocratlc. Republican, Nonpartisan and other candidates. Votes wst for governor must be on separate page or pages (ORS Separate sheets for candidates for city, county (including precinct) and state offices. 254.545 . Parks & Rec Comm., Pos. 4, City of Ashland write-ins Office or Measure On Parks & Rec Comm., p ul M Pos. 4, City of Ashland t vl ku 0° County w 1 (ij Jackson Electton G A November 4, 2014 { q a 2 m 00 13 1 -n PageNfVypages N GU rt; h V O O r z Ballot Number < M or No. of Precinct O~ O Name mz rn 2 ~ 4 1 I 7 10 En 13 ` N <rd a ~ N P w n ~ K _ .r N ^ O A w N 00z m rn m d ^ tn" N N n0 ,,3 3 N y n ~ N Vr ~ N N O V O) N a m rn m O m ~ m o ~ m a O 0 m m N O .w. N A to N N m ~ m o N to J d G m N 2- 1 a ~ Graff tv~ o2R~ ( I 2 2 ATU OFLp NTY ERK DATE OF ABSTRACT I cerfity the votes recorded on this abstract correctly sum +ze tFte 1 tally of votes cast at the election indicated. ABSTRACT OF VOTES AT GENERAL AND ABSTRA T OF V TES AT PRIMARY ELECTIONS SPECIAL ELECTIONS separate sheets for Democratic, Republican, Nonpartisan and other candidates. votes cast,for governor must be on separate page or pages (ORS separate sheets for candidates for city, county (including precinct) and state offices. 254.545 Parks & Rec Comm., Pas. 4, City of Ashland write-ins Office or Measure N ? m Parks & Rec Comm., ~j o Pos. 4, City of Ashland o to (_j4 2 Z-1 County ? 4 a W V of F W C 0 11 Jackson U 0 v `K v U ~l 03 Election `may l~ la I~ D November 4, 2014 < m a 1 ° 4 f~ Pager ofygpages I(( UI <3 1 -n m Baflot Number p t7 --I O Name or No. Of Precinct rn z 2 4 7 10 13 C m -u N M y ~ m o ~ m o A W N M m d m w m m m - N N n0 3 a 3 N N m m m N ~ m O V m N ~ tl/ C q m in 5. m 0 °1 O m rm, m a a O 0 m v m 0 cfl w Cn N ur ~ m m m m M on V ~ ~ N N O m 9I K Gnu N h, o,r t 1 l ADATEOFA..R.AGT URE ryc RK I cerfity the votes recorded on this abstract correctly summarize the tatty of votes cast at the election indicated. t~ l I t ABSTRACT OF VOTES AT GENERAL AND ABSTRACT OF V& ES AT PRIMARY ELECTIONS SPECIAL ELECTIONS Separate sheets for Democratic, Republican, Nonpartisan and other candidates. votes cast for governor must be on separate page or pages (ORS Separate sheets for candidales for city, county (including precinct) and state offices. 254.545 . Parks & Rec Comm., Pos. 4, City of Ashland write-ins Office or Measure m Parks & Rec Comm., Pos. 4, City of Ashland e 2 cu Zt W N Cu a County U J rn J Jackson 4) 6 ze V o Ag ~ D Election y to D November 4, 2014 V ~U in m n O 00 Page ~ of 4$ages ~O U V } U -T. ;a Ballot Number p M O -1 O Name or No. of Precinct M Z CO) 2 4 i 10 1 13 tam -b ~ fl' N N ,p G 3 N N N A W N vvZ m a m mrpo m m m w w ~ m ~ R m m rv 0 ~rnu, ~ rn c n m Cn o m Ej. O Q) Odd N ~ a n 0 m N 17 N 0 O 10 W d ^ m N N 'a rn m m N .m. w o m w m m m -t'6 r A 1 __Y C RK DATE OF ABSTRACT SIG TUR F COUNT I cerliity the voles recorded on this abstract correctly summarize the tally of votes cast at the election indicated. ABSTRACT OF VO S AT PRIMARY ELECTIONS A SPECIAL BSTRACT OF ELECTIONS VOTES AT GENERAL AND " Separate sheets for Democratic, Republican, Nonoacisan and other candidates. Votes cast for governor must be on separate page or pages (ORS Separate sheets for candidates for city, county (including precinct) and state offices. 254 545 . Parks & Rec Comm., Pos. 4, City of Ashland write-ins Office or Measure co Parks & Rec Comm., I~ Pos. 4, City of Ashland ? 1 ° county O o Qf t~ tU ~I W IJ -r cu v W Jackson Q (Z2 W (y K Election 3 J (J l l r m mil C7 to C2 n £a 1 November 4, 2014 Q m 2 t~j Z a Q a kfi w W ? --i° Page (t3of4Kpages C~) V) Q L t`it cap Cx O m Ballot Number 00 Name or No. of Precinct m 2 2 4 i P f 3 7 10 U) 13. ! <,v -b N N m m ^ o Ji W N 00z A N N m m y m m - N N O 0 3 Y1 y n N N 0 0 a 0 V ~ N U7 C n m (n ~ 0 M °1 O ro o~v ?i m O^ ~ N N n n 0 0 m w N 9 N a O 7 cO W to (n m m N m a 'w id m o N m N - F1 G' R Na orA.L 2 1 ! SIGN OF COUNTY GLE + OATS OF AaSTRACT I cerfily the votes recorded on this abstract correctly summarize t ° tally of votes cast at the election indicated. ~,6 ABSTRACT OF VOTES AT GENERAL AND ABSTRAC OF VOT S AT PRIMARY ELECTIONS SPECIAL ELECTIONS Separate sheets for Democratic, Republican, Nonpartisan and other candidates. Votes cast for govemor must be on separate page or pages (ORS Separate sheets for candidales for city, county (including precinct) and state offices. 264'545). Parks & Rec Comm., Pos. 4, City of Ashland write-ins office or Measure Q co Parks & Rec Comm., Pos. 4, City of Ashland to t~ Q l_ o o County Q_ (,LJ 1> u Jackson Q © x o Election 3 t~ P 1 W En II CO o -1 November 4, 2014 43 Z -t til c~ +u -i O Page U ofKYpages F7 ::F- 1 J V v__y _ © x BattotNUmber OC O Name or No. of Precinct M Z 2 1 l j 4 7 10 13 rn m <,d b m m N ~ m S: = n' m ^ N Aa fJ N O O 2 m m m w ~ m m m = ID N ~ N m O d 3 U 3 5_ m m ~ m m m ~ 0 v m ui r-rnc n m ~0~ ems a 0 0 N V m g O J rn m d w m m A y m m m °f N 9 m' m m RA /V i) Or 4s 1 S 7 RE D 'f Y. L K OAT' OF ABSTRACT I cerfity the votes recorded on this abstract correctly summariz tally of votes cast at the election indicated. ~'l ABSTRACT OF VOTES AT GENERAL AND SPECIAL ELECTIONS ABSTRi k CT OF VOT S AT PRIMARY ELECTIONS Separate sheets for Democratic, Republican. Nonpartisan and other candidates. Votes cast for governor must be on separate page or pages (ORS Separate sheets for candidates for city, county (including precinct) and state offices. 254.545 . Parks & Rec Comm., Pos. 4, Ci of Ashland write-ins Office or Measure Ch Parks & Rec Comm., ? ;a Pos. 4, City of Ashland W k'd County u1 J > 7- 3 3 L Jackson t ZD~ ` (1J U0 1.41 t t~ w III W W Election w (18 ~C - D November 4, 2014 w v t~ a ? a m Z (.u ? ) 2 00 © z ~0 F- CU W `cK' O O Pagepof4Hpages n V L/) lJf i~ -n x m Ballot Number p O 1 O Name or No. of Precinct y Z 2 ( 3 4 7 10 co 13 , rota m m ^ o A W N ro m m o m m m m w o 3 0 3 N ro 0 N " @ m m O J O~ (n r- p1 C R m co n m 61 O CO m Odd 6 n O V] NmN N m O J t0 tD CD W d d m ~ m m a _ W m q O m y w m G~ NFL Y©~ L 2 i 61GN V_ 80tiN_fi--CLERK , GAIL OF ABSTRACT I cerfity the votes recorded on this abstract correctly summarize the tally of votes cast at the election indicated. ABSTRACT OF VOTES AT GENERAL AND ABSTRACT OF-VOTES-?T_ PRIMARY ELECTIONS SPECIAL ELECTIONS Separate sheets for oemooretic, Republican, Nonpadisan and other candidates Votes cast for govemor must be on separate page or pages (ORS Separate sheets for candidates for city, county (including precinct) and stale offices, 254.545 . Parks & Rec Comm., Pos. 4, Ci of Ashland write-ins Office or Measure (n cn flu m Parks & Rec Comm., o ti p n x Pos_ 4, City of Ashland o U) County v cJ v J i L[J 1. W Jackson, ~I ,r ` LL 3 rU W k > N Election I-L November 4, 2014 't m a. ~k 0 O i -n 7K '1 4 0 l(j C 7 S j Ll O O Pagei3of4kpages I' C?~ !a t Q "n A Ballot Number p 0 -f O Name or No, of Precinct ~ Z 2 i f I 4 7 ~l 1 1 10 S ~ N N rPn a N a a w N N ^ O A W N 00Z m m m m m w w ~ m ro - N w 00 3 4i 2 N ry w P O P J OI Vt C ~ C n w m 0 N O N J d (7 O ttl N N m N O N .mow d w N fD ~1 N N tG V ~ ~ m y O w G W N 57,7- OU C RtS HATE OF ABSTRACT I cerfity the votes recorded on this abstract correctly summa tally of votes cast at the election indicated. ABSTRACT OF VOTES AT GENERAL AND ABSTRACT OF OTES AT PRIMARY ELECTIONS SPECIAL ELECTIONS separate sheets for Democratic, Republican, Nonpartisan and other candidates. Votes cast for gcvemor must tR on separate page or pages (ORS separate sheets for candidates for city, county (including precinct) and stale offices. 254.545. Parks & Rec Comm., Pos. 4, City of Ashland write-ins Office or Measure Parks & Rec Comm., p Pos. 4, City of Ashland Lrl U S County Vi O V e Ia 4r tS Jackson ' 4J Ll W fy D LL N Election 3 LL 0 N f( D November 4, 2014 - u m v ~ no t Pagel] ofKKPages (D c) Z v -n ;U Ballot Number p G7 -i O Name or No. of Precinct M Z 2 1 t 2 d 7 f 10 m 13 <~d (D N y O N @ o @ N J O A W ru aoz @ @ @ m o 61 N N o @ 3 rW in w 1 m m m a m N 0 V O~ V7 S2 C n @ rn n m °f O m O y m g N N j Q n O a N V @ O t0 m v N m N (Y A O a m P N O d y 3 I11 G N N 7rh4Ni) 77 7-T _ I < < 1 2 SI TU OF COUNTY CLERI4 i DATE OF ABSTRACT I cerfity the votes recorded on this abstract correctly summarize t!?e l tally of votes cast at the election indicated. ABSTRACT OF VOTES AT GENERAL AND ABSTRA OF VO ES AT PRIMARY ELECTIONS SPECIAL ELECTIONS Separate sheets for Democratic, Republican, Nonpartisan and other candidates- Voles cast for governor must be on separate page or pages (ORS Separate sheets for candidates for city, county including precinct) and state offices. 254.545 . Parks & Rec Comm., Pos. 4, City of Ashland write-ins Office or Measure Parks & Rec Comm., 3 sY Q, Pos. 4, City of Ashland Y L" )'U o w t~ County 4± R' ,Cl t! 1 c C! q /J U q Jackson ~L t~ tl LL n Election c~ 3 ~fj (I W N n November 4, 2014 'r o u m lit J Y w Y 00 r~ ~ x 1 -n Page ~5af 4 Pages Z U 2 = ) V -n :0 Ballot Number O Q 1 O 111 Name or No. of Precinct C n z 2 4 7 10 13 C ' m l m ~ w m or m ~ ~ rn 0 m ~ o A W N O~z td m O w w m m - N N a a m m N q N O 7 V p) Ut C C _a m CO °i Ole, ~0r n E N N O N N o. C~ 0 m m o O ~ m a w m m m m v ~ m o m ~ w rv N 6L X L A-1 sj TLtTE F COUNTY OL K DA OF ABSTRACT I cerfity the votes recorded on this abstract correctly summa5a,4116- _ - tally of votes cast at the election indicated. "rj i. . ABSTRACT OF VOTES AT GENERAL AND ABSTRA OF VOT - S AT PRtM171ARY ELECTIONS SPECIAL ELECTIONS separate sheets for Democratic, Repu Mica n. Nonpartsan and other candidates. Votes cast for governor must be on separate page or pages (ORS Separate sheets for candidates for city, county (inciuding precinct) and state offices. 254.545 . Parks & Rec Comm., Pos. 4, City of Ashland write-ins Office or Measure n v A Parks &Rec Comm., Pos. 4, Cit of Ashland W n V1 o County QO 4 lL r l U ~C ^I ( UI Jackson Ch Election U} v a v (jJ D November 4, 2Q14 Vt 'N p m a 11/ o w f 2 ~ o C W o & v Page~poFNypages i~ nj h Q © -n ~ _ - - _ Ballot Number O O Name or No. of Precinct rn Z t» 2 4 7 10 13 g d ~ N y y d fJG m m n o m y .7 ^ O A N N ro m m 9 rn m m ~ m m - y y O m ~ G' w 3. amW y a m ~ rn ~ c N C a m ti, n m to °=0m m 0 m ~ o. O 0 ~n ro y N 'O ro N O ml fD ~ (n d N ~ N m m m ~ a y o w m N G fiAN b Y~rA ~ i 1 ~ ~ i SIGN ~ !R~'CLF DATE OF ABSTRACT I celfity the votes recorded on this abstract correctly summarize the - L tally of votes cast at the election indicated. ~!/~/J~III/~I t- - J fIF~F. L ABSTRACT OF VOTES AT GENERAL AND ABSTRACT OF VaT -SAT PRIMARY ELECTIONS SPECIAL ELECTIONS Separate sheets for Democratic, Republican, Nonpartisan and other candidates. Voles cast for governor must be on separate page or pages (ORS Separate sheets for candidates for city, county {inducting precincD and slate offices. 254.545\ Parks & Rec Comm., Pos. 4, City of Ashland write-ins Office or Measure M Parks & Rec Comm., Pos. 4, City of Ashland o o County top Jackson Y W Z a x U Election 3 (U 14: it* D `z \ p November 4, 2014 ti f1J Page 0of`lYPages r 3 -n o ~ .f~ Ballot Number C ,n Name or No. of Precinct m 2 CA 2 I 3 4 7 I 10 to 13 < @~d N N N d ~ w nl N y a D rJ N 0 0 z m ro o m w w rn m - N N O o ~ N y 2 ~ m N ~ m O J p/ N G to C a iu to n_ m N m O w w N O a m a 0 0 m m N a m N O b ~ y N m m N N N Ny ~ w w O tJ N d A m GR Nt) To rAL I I - I 3 SIG COUKq CLER DATE OF ABSTRACT I cerfity the votes recorded on this abstract correctly summarize t tally of votes cast at the election indicated. I /L,C ABSTRACT OF VOTES AT GENERAL AND i SPECIAL ELECTIONS ABSTRACT OF VOT S A PRIMARY ELECTIONS Separate sheets Tor Democratic, Republican, Nonpartisan and other candidates. Votes cast for governor must be on separate page or pages (ORS Separate sheets for candidates Tor city, County (including precinct) and state offices. 254,545. Parks & Rec Comm., Pos. 4, City of Ashland write-ins OWice or Measure Parks & Rec Comm., Z Q a 4 Pos. 4, City of Ashland w t,, in o L U} County co y VF t0 (Z th ~1 Jackson c w 'L QU y Election to November 4, 2014 w U to O a_ M R ti ~ w no C 2 0 Page6offypages ~ On ~ Ballot Number p G) -1 0 Name or No. of Precinct M Z (n 2 4 7 i 1 10 CIO 13 ro "m m ~ N N y O N N ~ {p ^ N ^ O A W N o 0 Z S S O 9~1 d ~ N N N ~ O r N ~ FL .n. N N N 'p N N D ~I O} N G a m N L~. m N O n 'm N D m N n O 0 m N a m in 0 w w co m m m m m to o = N Ct C C N N G IZA N l~ 7'o TA fi oZ I - I Sl AIu Fup_~!4 YCLERK DATE OF ABSTRACT I cerfity the votes recorded on this abstract correctly summarize the tally of votes cast at the election indicated. v ABSTRACT OF VOTES AT GENERAL AND - ABSTRAC OF VOT AT PRIMARY ELECTIONS SPECIAL ELECTIONS separate sheets for Democratic, Republican, Nonpartisan and other candidates. Votes =sl for governor must be on separate page or pages (ORS separate sheets for candidates for city, county (including precinct) and stale offices. 254.545 . Parks & Rec Comm,, Pos. 4, City of Ashland write-ins Office or Measure Parks &Rec Comm,, +f Pos. 4, City of Ashland ch C~u 4 J u~! County lL 'i; 3 O v j `t Jackson O Election v © cJ~ D 3 ) I Oo N a November 4, 2014 co M Pagelgof4Npages cD Q `1 O 0 Ballot Number < fn Name or No, of Precinct O~ O N ~ 2 4 I I 7 10 13 <,v a b N_ N N N ^ N ^ O ? N N ~O O N_ 10 t~ ~ wwy, m ro- N o ° 3 E 3 a. ~ m hem 0 m o O V ~ Vf CO C 2 lu' (n ~ fn nO~ m N N U N ~ Q n D 3 !0 N 9 (D 43 O tD m m 99 m m .-0 fn N m a ~ m o N N fU N N f 9T R O COU TY CL X ^ DATEOFARSTRACT I cerfity the votes recorded on this abstract correctly summarize e J tally of votes cast at the election indicated. -Y i ABSTRACT OF VOTES AT GENERAL AND SPECIAL ELECTIONS ABSTRAC OF VOT SAT PRIMARY ELECTIONS Separate sheets for [)emocrahc, Republican, Nonpartisan and other candidates votes cast for govemor must be on separate page or pages (ORS Separate sheets for candidates for city, county (including precinct) and state offices. 254.545 Parks & Rec Comm., Pos. 4, City of Ashland write-ins Office or Measure Parks & Rec Comm., to Pos. 4, City of Ashland 1y Z (,j o County ZZ W ~ Q -1~1- a VI ° -"t U 01 Jackson L > Election 3 W N November 4, 2014 w t0 i f ' -i vt I W 5 rn Q p ~ Rc ~ -ni 0 Page PofyYpages Cl Cj O Ballot Number - - - OG 0 Name or No. of Precinct -i O rn z 2 4 0a- j 7 10 13 I ~ N N N tl m N N ^ O D W N W 0 Z w w y m m - N N 0 o frr ~ N N b N O 5 V 6} U b7 C n m o m O ID ID m m m n C7 0 m ti m N O 5 co m to _W T ~ N t➢ v a N N n O j Sy (U N fU R l A7 r o Y l_ 2. 1 1 a 1 ( i I SIG UREOF CO C K' DATE OF ABSTRACT I cerfity the votes recorded on this abstract correctly summarize th - / taffy of votes cast at the election indicated. ABSTRACT OF VOTES AT GENERAL AND ABSTRA UF~VG ES AT'PRIMARCY ELECTIONS SPECIAL ELECTIONS Separate sheets for Democratic, Republican, Nonpartisan and other candidates. Votes cast for governor must be on separate page or pages (ORS Separate sheets for candidates for c1 coup 45 ty, county (including precinct) and state offices. Parks & Rec Comm., Pos. 4, City of Ashland write-ins Office or Measure J U) Parks & Rec Comm., ? Z - Pos. 4, City of Ashland Z ~n W v `r '13- o 0 County Ill Z W V a c~ 1 W 5 Jackson -a f~ l~ ? Y tU ` J _ 11 W .~r 01111 Election 3 ) I7 _~e November 4, 2014 W q -a v 1- ~ rn Z AU Z_ v v no Pagea(ofkrTages V io 4__ y,._... _ U ..,J - -n 00 m Ballot Number Q O Name or No. of Precinct M Z 2 a 4 7 10 01 13 m N O N N ^ N 3 O A W N o O Z ro m w m m y m m - in h ~ T O 3 $ m Ci N N N O J O> (T ~ (A C a, m in Om Odd N C O O N a m 0 m m y» m m ;u in m m v ~ m o N N W O N SIGNATURE COUNTY ~E K 'DATE OF ABSTRACT I cerfity the votes recorded on this abstract correctly summarize the X tally of votes cast at the election indicated- ABSTRACT OF VOTES AT GENERAL AND / ABSTRACT OF V0 E5 AT PRIMARY ELECTIONS SPECIAL ELECTIONS Separate sheets for Democratic, Republican, Nonpartisan and other candidates. Votes cast for governor must be on separate page or pages (ORS Separate sheets for car idates for city, county (including precinct) and state offices. 254.5451. CITY OF ASHLAND Council Communication December 2, 2014 Business Meeting Special Procurement for Key Manufacturing, Ice Rink Tent install and removal. FROM: Rachel Dials, Recreation Superintendent, rachel.dials@ashland.or.us SUMMARY Recommendation of a Special Procurement for Key Manufacturing for up to 5 years (through Ice Rink season 2019) for install and removal of the ice rink tent. Installation is set for December 9th and removal is scheduled for no later than March 31, 2015. BACKGROUND AND POLICY IMPLICATIONS: The Ashland Rotary Centennial Ice Rink, located at 95 Winburn Way received approval on November 25th, 2014 from the Planning Commission to install the Ice Rink tent. Parks staff received 3 quotes in 2014 for install, removal, storage, cleaning and repair of the tent from 3 different companies. Of the 3 quotes, Key Manufacturing was the low bid. Key Manufacturing out of Portland, Oregon removed the tent in April, 2014 and is very familiar with this type of structure. It would be in the City of Ashland's best interest to continue to work with this company. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: Cost estimate for FY 2014-2015 is $18,000. Cost for subsequent seasons is estimated to be $18,000 to $25,000 per season. The costs will be budgeted in the Parks and Recreation budget. STAFF RECOMMENDATION AND REQUESTED ACTION: Approval of the Special Procurement for Key Manufacturing for set up and removal of the ice rink tent through the 2019 Ice Rink Season. SUGGESTED MOTION: N/A. ATTACHMENTS: Form #4 Determinations to Procure Form 49, Special Procurement-Request for Approval Page 1 of 1 CITY OF FORM #9 ASHLAND SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Michael Black, Director, Ashland Parks and Recreation Date: 12-2-14 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS27913.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Ashland Parks and Recreation 2. Department Contact Name: Rachel Dials 3. Type of Request: Class Special Procurement X Contract-specific Special Procurement 4. Time Period Requested: From Fall - 2014 To: Spring - 2019 5. Total Estimated Cost: Cost estimate for FY 2014-2015 is $18,000. Cost for subsequent seasons is estimated to be $18,000 to $25,000 per season 6. Short title of the Procurement: Fall Re-Install of Ice Rink Tent Structure and Removal of Tent Structure in Spring Supplies and/or Services or class of Supplies and/or Services to be acquired: Installation, removal, storage, cleaning and repair of the Ice Rink Tent Structure 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may, but is not required to, also include the following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Background: Parks staff received 3 quotes to remove the structure at the end of the 2013-2014 season. Quotes were received from Creative Tent $53,436.30, Noel Lesley $33,860.00 and Key Manufacturing $15,000.00. The quotes from each of these three contractors included installation removal, storage, cleaning and repair of the tent. The resulting contract was awarded to Key Manufacturing. Key Manufacturing successfully removed and stored the ice rink tent during the f season. Form #9 - Special Procurement- Request for Approval, Page 1 of 3,1212/2014 Proposed procedure: Directly award a contract to Key Manufacturing on an annual basis for these services for the terms and services described and approved in this Special Procurement. 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. Parks staff was unable to locate another qualified contractor willing to provide and accept the responsibilities associated with the removal, reinstallation and storage of this tent structure. 9. Findings to Satisfy the Required Standards: This proposed special procurement: X (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: Staff looked locally and there was only one other local company that was willing to give a quote. Staff called most local construction companies as well as 2 other local tent companies and all were unwilling to . give a quote. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and X_ (b)(i) will result in substantial cost savings to the contracting agency or to the public because: Staff looked locally and there was only one other local company that was willing to give a This company would not consider signing the City of Ashland contract and priced their quote $15,000 higher than Key Manufacturing. (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or X (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 27913.055, 279B.060, 27913.065, or 279B.070, or any rules adopted thereunder because: Key Manufacturing successfully removed and stored the ice rink tent during the off season. It is in the City's best interest to contract with the same contractor, Key Manufacturing, to reinstall this complex tent structure they removed last season and have been storing for the Parks Department. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form #9 - Special Procurement- Request for Approval, Page 2 of 3,12/212014 Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. After the Special Procurement has been approved by the City Council, the following public notice will be posted on the City's website to allow for the seven (7) day protest period. Date Public Notice first appeared on www.ashland.or.us - December 3, 2014 PUBLIC NOTICE Approval of a Special Procurement First date of publication: December 3, 2014 A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on December 2, 2014 This Contract-specific Special Procurement will allow the Parks Department to continue contracting with Key Manufacturing for the installation, removal, storage, cleaning and repair of the ice rink tent structure. Key Manufacturing successfully removed and stored this complex ice rink tent structure after the 2013-2014 skating season, and it is in the City's best interest to continue contracting with Key Manufacturing to provide these services for the Parks Department. It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055, 279B.060, 279B.065, or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 279B.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland,[Ashland Parks and Recreation, Rachel Dials, 340 S. Pioneer St. Ashland, OR 97520. The seven (7) protest period will expire at 5:00pm on December 9, 2014 This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form #9 - Special Procurement - Request for Approval, Page 3 of 3,1212/2014 Contract for GOODS AND SERVICES Less than $25,000 CITY OF CONTRACTOR: Key Manufacturing and Rentals, Inc ASHLAND CONTACT: Annie Chisholm 20 East Main Street Ashland, Oregon 97520 ADDRESS: 18179 Boones Ferry Rd. Portland, OR 97224 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: (503) 597-2023 DATE AGREEMENT PREPARED: October 1, 2014 FAX: (503) 597-2040 BEGINNING DATE: October 27, 2014 COMPLETION DATE: March 31, 2015 COMPENSATION: Not to exceed $18,000.00 per quotes attached as Exhibit C and D. GOODS AND SERVICES TO BE PROVIDED: 2014 Fall Re-Install of Ice Rink Structure and Removal of Structure in Spring of 2015 - Includes set up, tear down, storage, cleaning and repair of ice rink tent for 2014/2015 season per quotes attached as Exhibit C and D. ADDITIONAL TERMS: NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Contractor must also maintain a current City business license. 3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. Compensation under this contract, including all costs and expenses of Contractor, is limited to $25,000.00, unless a separate written contract is entered into by the City. 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 27913.220, 27913.225, 27913.230, 27913.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract is $20,142.20 or more, Contractor is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 8. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Contractor (including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 9. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or at such later date as may be established by City under any of the following conditions: Contract for Goods and Services Less than $25,000, Revised 12/02/2014, Page 1 of 5 i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Contractor to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Contractor may terminate this contract in the event of a breach of the contract by the other, Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute. 12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 13. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. 15. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a QRF if Contractor has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 16. Insurance. Contractor shall at its own expense provide the following insurance: a. _Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. C. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. d. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or Contract for Goods and Services Less than $25,000, Revised 12/02/2014, Page 2 of 5 intent not to renew the insurance coverage(s) without 30 days' written notice from the Contractor or its insurer(s) to the City. e. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Contractor's services to be provided under this Contract. As evidence of the insurance coverages required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work under this contract. The contractor's insurance is primary and non-contributory. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 17. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 18. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT; MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 19. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 20. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this contract. 21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Contractor: City of Ashland By By Signature Department Head Print Name Print Name Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. Contract for Goods and Services Less than $25,000, Revised 12/02/2014, Page 3 of 5 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: (1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. Contractor (Date) Contract for Goods and Services Less than $25,000, Revised 12/02/2014, Page 4 of 5 CITY OF ASHLAND, OREGON EXHIBIT B City of Ashland LIVING WAGE per hour effective June 30, 2014 (Increases annually every June 30 by the ILA Consumer Price Index) • - • . portion of business of their 401 K and IRS eligible employer, if the employer has cafeteria plans (including ten or more employees, and childcare) benefits to the has received financial amount of wages received by assistance for the project or the employee. ➢ For all hours worked under a business from the City of service contract between their Ashland in excess of ➢ Note: "Employee" does not employer and the City of $20,142.20. include temporary or part-time Ashland if the contract employees hired for less than exceeds $20,142.20 or more. ➢ If their employer is the City of 1040 hours in any twelve- Ashland including the Parks month period. For more ➢ For all hours worked in a and Recreation Department. details on applicability of this month if the employee spends policy, please see Ashland employee's or more of the ➢ In calculating the living wage, Municipal Code Section employee's time in that month employers may add the value 3.12.020. working on a project or of health care, retirement, For additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or,us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASHLAND Contract for Goods and Services Less than $25,000, Revised 12/02/2014, Page 5 of 5 The Key Companies Westside Rentals OFFER TO SUPPLY . TO: Ashland Parks & Rec CLIENT PHONE: 541-552-2252 FAX: ATTN: Rachel Dials 20 East Main St KMR would be pleased to supply the following Ashland, Oregon 97520 goods/services according to the quantities and terms outlined below. Please indicate any changes and/or approval and return to Key Manufacturing and Rental, Inc. RE; 2014 Fall Re-Install of Ice Rink Structure KEY REP: Annie Chisholm QUANTITY UNIT TOTAL Transportation $ 500.00 $ $ (2) Key men travel @ 9 hours $ 1,440.00 (2) Key men on site @ 10 hours $ 1,600.00 (5) Temporry labor on site @ 10 hours $ 1,440.00 Lodging/Per Diem $ 250.00 Key to provide lull forklift $ 800.00 $ Structure to be re-installed week of Oct 20th on site - Ashland $ $ DUE $ 6,030.00 ALL MERCHANDISE F.O.B. 50% due at install x OFFER VALID 30 DAYS locxxxxx balance due wl invoice -10 days THANK YOU FOR THE OPPORTUNITY TO SERVE YOU r_---~ FOR KEY MANUFACTURING & RENTALS, INC DATE OFFER ACCEPTED BY DATE A Complete Concept in Event Services 18179 SW Boones Ferry Rd. Ph (800) 345-8368 Portland, OR 97224 www-keymanufacturing.com Fax (503) 597-2040 The Key Companies Wc~tSideRenta~ OFFER TO SUPPLY TO: Ashland Parks & Rec CLIENT PHONE: (541) 552-2252 FAX: ATTN: Rachel Dials 20 East Main Street KMR would be pleased to supply the following Ashland, Oregon 97520 goods/services according to the quantities and terms outlined below. Please indicate any changes and/or approval and return to Key Manufacturing and Rental, Inc_ RE: Removal of Structure - Spring of 2015 KEY REP: Annie Chisholm QUANTITY UNIT TOTAL Transportation $ 1,300.00 (4) Key men on site & travel @108 hrs $ 4,320.00 (4) Temp Labor on site @ 54.5 hrs $ 1,090.00 Lodging/Per Diem $ 510.00 Seasonal Storage of Fabric at Key Salem $ 500.00 Forklift rental $ 1,500.00 $ Quote does not include fabric cleaning or repairs $ Cleaning/repairs to be billed separately $ Repairs @ $70/hr - estimated at 15-20 hours $ Cleaning @ $401hr - estimated at 90-100 hours $ Re-install Fall of 2015 not included in this OTS $ Forklift rental includes(1) 10K reach & 3260 sizzer lift for (2) days $ $ Sub-Total $ 9,220.00 less credit for (2015) removal $ (3,190.OU} $ DUE $ 6,030.00 ALL MERCHANDISE F.O.B. 50% due wl confirmation of order by 1211114 OFFER VALID 30 DAYS xxxxxxx balance due at completion of cieanlrepairs wl invoice -10 days THANK YOU FOR THE OPPORTUNITY TO SERVE YOU FOR KEY MANUFACTURING & RENTALS, INC DATE OFFER ACCEPTED BY DATE A Complete Concept in Event Services 18179 SW Boones Ferry Rd. Ph (800) 345-8368 Portland, OR 97224 www.keymanufacturing.com Fax (503) 597-2040 CITY OF ASHLAND Council Communication December 2, 2014, Business Meeting Public Hearing and First Reading of an Ordinance Replacing Title 18 Land Use of the Ashland Municipal Code with a Restated and Revised Unified Land Use Ordinance FROM: Maria Harris, planning manager, harrism@ashland.or.us SUMMARY: The attached land use ordinance is proposed to replace Title 18 Land Use of the Ashland Municipal Code. The attached land use ordinance is the existing ordinance and standards combined into one document and also includes amendments to current standards. The item is scheduled for a public hearing and first reading in accordance with local and state requirements. The Planning Commission recommended approval of the revised land use ordinance, and the City Council makes the final decision on legislative proposals. BACKGROUND AND POLICY IMPLICATIONS: The revised land use ordinance combines the existing land use ordinance, site design and use standards, and street design standards into one document with improved organization, wording, formatting, and graphics. In addition, amendments are proposed to: address recommendations of the 2006 Land Use Ordinance Review, the planning application procedure evaluation, and green development evaluations; improve standards and procedures; standardize chapters; and address inconsistencies and clarify wording. The revised land use ordinance is also referred to as the Unified Land Use Ordinance (ULUO). A detailed description of the project background and revised land use ordinance is provided in the attached staff report. The development of the revised land use ordinance involved a series of more than 30 meetings with the Planning Commission, advisory commissions, focus groups, and an open house. The project web page was created at the beginning of the project and updated with draft documents, a meeting schedule, and meeting packets and videos. A topic was posted on Open City Hall asking for feedback on the format and proposed amendments, and at the time of writing 133 participants reviewed the topic. Approximately 250 postcards announcing the Planning Commission and City Council public hearings were mailed to design and development professionals, contractors, advisory commissions, and past planning applicants. In addition, newspaper notices were published for the public hearings as required by AMC 18.108.170.D. Page I of 4 ~r, CITY OF -ASHLAND The Planning Commission held a public hearing on July 22, 2014, and recommended approval of replacing Title 18 Land Use of the Ashland Municipal Code (AMC) with the revised land use ordinance. The Commission suggested several changes, and those edits were incorporated in the draft document that originally went before the City Council on August 19, 2014. After holding a public hearing on August 19, 2014 the City Council continued the review to the October 7, 2014 meeting for further review and discussion. The Council asked the Planning Commission to provide input on the proposed changes that the Commission considered key amendments. The Planning Commission completed this task at their September 9, 2014 meeting and subsequently submitted a report to the Council. The City Council discussed a list of key amendments at the October 7, 2014 and November 4, 2014 meetings. The list of key amendments was comprised of those amendments identified by the Planning Commission and additional amendments identified by the Council. CHANGES TO DRAFT LAND USE ORDINANCE: The City Council directed staff to make several changes to the draft land use ordinance in preparation for the December 2 public hearing and first reading. The changes included the following items and were incorporated into the attached land use ordinance. • cottage housing - Removed proposed cottage housing provision. Return to the Planning Commission for further review. See section 18.2.3.090 on page 2-19. • solar orientation standards - Deleted proposed requirements regarding design of habitable structures and roofs. See section 18.4.8.050 on page 4-139. • porous pavement exemption from lot coverage in residential zones - Revise the maximum size of the exempted porous solid surface to be two hundred square feet or five percent of lot coverage, whichever is less, rather than whichever is r eater. See table 18.2.5.030.A on page 2-40. This change is not included in the attached land use ordinance, but will be incorporated into the draft for second reading. • building height in commercial zones - Modified proposed amendment to require a conditional use permit to extend building height from three to four stories (i.e., from 40 feet up to 55 feet) in the commercial zone (C-1) when the building is at least 100 feet from residential zones. See Table 18.2.6.030 on page 2-53. • parapet exemption - Modified proposed amendment to allow parapets to extend up to five feet, rather than three feet, above the maximum building height in commercial and employment zones (C-1, C-1-D, E-1). See Table 18.2.6.030 on page 2-53. • building separation requirement in large-scale commercial development - Deleted the existing requirement. See section 18.4.2.040.13 on page 4-19. • residential buildings in mixed-use development - Deleted proposed amendment to clarify existing language. Return to the Planning Commission for further review. See sections 18.2.3.130.B.I on page 2-21 and 18.3.13.010.C.I on page 3-181. • conditional use permit criteria - Deleted proposed new criteria. See 18.5.4.050.A.3 on page 5-45. In addition, staff made several changes to the attached land use ordinance to address internal comments including the following. Page 2 of 4 IPFFI`, CITY OF ASHLAND • A reference to the violations, complaints, and penalties sections was added to the section on prohibited uses in 18.2.2.030.D on page 2-7. • A clarification regarding on-street parking spaces required as part of a subdivision was added to the on-street parking credit section in 18.4.3.060.A.3.e on page 4-50. • The definition of multi-family dwelling on page 6-11 was edited for consistency with the single-family definition and site design review requirement for two or more dwelling units on a lot. Previously, the definition referenced three or more dwelling units on one lot and this was changed to two or more dwelling units on one lot. This change does not impact the application of land use requirements or permits. Staff also created location maps for the special districts and overlays and these were added to 18.3 and 18.4. The maps are taken from adopted Comprehensive Plan maps, and do not change any boundaries or regulatory frameworks. The newly inserted maps include the following. • Croman Mill District, page 3-6 • Health Care Services District, page 3-54 • North Mountain Neighborhood District, page 3-60 • Southern Oregon University District, page 3-98 • Airport Overlay, page 3-100 • Freeway Overlay, page 3-104 • Performance Standards Option Overlay, page 3-107 • Pedestrian Places Overlay, page 3-166 • Residential Overlay 3-182 • Historic District Overlay 4-24 The focus group that met to review the format of the attached land use ordinance on August 18, 2014 made several suggestions that were incorporated into the attached draft land use ordinance. • A master table of contents was added at the beginning of the document. • The dashes were eliminated in the numbering system. • The single-family zone description in table 18.2.1.020 on page 2-4 and table 18.2.1.040 on page 2-5 was expanded to include the different types of R-1 zones (i.e., R-1-10, R-1-7.5, R-1- 5). • The word "voluntarily" was added to section 18.5.1.060.c.6.b page 5-15 to clarify that an applicant has the choice to waive his or her right to a final decision being made with 120 days of filing a complete application. This is consistent with state law. PROCEDURE: Oregon Statewide Planning Goal 2 - Land Use Planning, as well as Chapter 197 of the Oregon Revised Statues, requires a land use planning process and policy framework as a basis for all decision and actions related to the use of land. Specifically, plans and implementation measures such as land use ordinances and development standards are permitted measures for carrying out acknowledged Comprehensive Plans. The adoption of the revised land use ordinance is a legislative amendment which is defined in AMC 18.08.345 as "An amendment to the text of the land use ordinance or the comprehensive plan or an amendment of the zoning map, comprehensive plan maps or other official maps including the street Page 3 of 4 CITY OF ASHLAND dedication map described in section 18.82.050, for land involving numerous parcels under diverse ownerships. " AMC 18.108.170 allows for legislative amendments "in order to conform with the comprehensive plan or to meet other changes in circumstances or conditions." The Planning Commission is required to hold a public hearing and make a recommendation to the City Council. The Council is also required to hold a public hearing and makes the final decision. COUNCIL GOALS SUPPORTED: Goal 2. Promote effective citizen communication and engagement. Goal 13. Develop and support land use and transportation policies to achieve sustainable development. 13.1 Create incentives and ordinances for energy-efficient buildings. 13.2 Develop infill and compact urban form policies. 13.3 Support alternative transportation choices. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the first reading of the ordinance replacing Title 18 Land Use of the AMC with a restated and revised unified land use ordinance and moving the ordinance to second reading. SUGGESTED MOTION: I move to approve first reading of an ordinance titled, "An ordinance of the City of Ashland repealing Ordinance No. 2052 and replacing in its entirety existing Title 18 Land Use of the Ashland Municipal Code with a restated and revised unified land use ordinance" and move the ordinance to second reading. ATTACHMENTS: 1. An ordinance of the City of Ashland repealing Ordinance No. 2052 and replacing in its entirety existing Title 18 Land Use of the Ashland Municipal Code with a restated and revised unified land use ordinance 2. Exhibit A - City of Ashland Land Use Ordinance Page 4 of 4 LOWEr, ORDINANCE NO. AN ORDINANCE OF THE CITY OF ASHLAND REPEALING ORDINANCE NO. 2052 AND REPLACING IN ITS ENTIRETY EXISTING TITLE 18 LAND USE OF THE ASHLAND MUNICIPAL CODE WITH A RESTATED AND REVISED UNIFIED LAND USE ORDINANCE WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, Oregon Statewide Planning Goal 2 - Land Use Planning and Chapter 197 of the Oregon Revised Statues require a land use planning process and policy framework as a basis for all decision and actions related to the use of land, and allow land use ordinances as an implementation measure to control land uses, development, and construction as measures for carrying out the Comprehensive Plan; and WHEREAS, AMC 18.108.170 allows amendments to the land use ordinance to conform to with the comprehensive plan or to meet other changes in circumstances and conditions; and WHEREAS, the Unified Land Use Ordinance is a reformatted version of Title 18 which combines the existing land use ordinance, site design and use standards, and street standards into a reformatted and amended document with improved organization, wording, formatting and graphics; and WHEREAS, the Unified Land Use Ordinance includes amendments to the existing Title 18 which are detailed in the table of land use ordinance and amendments and are intended to address recommendations of the 2006 Land Use Ordinance Review, the planning application procedure evaluation and green development evaluations; to improve standards and procedures; to standardize chapters; and to address inconsistencies and clarify wording; and WHEREAS, the City held a series of informal public meetings over the course of the project and prior to the public hearings to review and discuss the reformatted document and ordinance amendments including 22 Planning Commission meetings, nine advisory commission meetings, two focus group meetings, and an open house; and An Ordinance Amending AMC Title 18 Page 1 WHEREAS, the Planning Commission of the City of Ashland conducted a duly advertised public hearing on the amendments to Title 18 Land Use of the Ashland Municipal Code on July 22, 2014, and following deliberations, recommended approval of the amendments by a unanimous vote; and WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the above-referenced amendments on August 19, 2014 and December 2, 2014, and following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the ordinance in accordance with Article 10 of the Ashland City Charter; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the public health, safety, and welfare of existing and future residents of the City, it is necessary to revise the Ashland Land Use Ordinance in the manner proposed, that an adequate factual base exists for the amendments, that the amendments are consistent with the comprehensive plan and that such amendments are fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The above recitations are true and correct and are incorporated herein by this reference. SECTION 2. Ordinance No. 2052 is repealed. SECTION 3. The document entitled "City of Ashland Land Use Ordinance," is attached hereto as Exhibit A is hereby adopted, replacing in its entirety the existing Title 18 Land Use of the Ashland Municipal Code. SECTION 4. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions, and text descriptions of amendments (i.e. Sections 1- 4) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. An Ordinance Amending AMC Title 18 Page 2 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 52014, and duly PASSED and ADOPTED this day of , 2014. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of , 2014. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney An Ordinance Amending AMC Title 18 Page 3 CITY OF ASHLAND Council Communication December 2, 2014, Business Meeting Talent Ashland Phoenix Emergency Pipeline Intertie Project Update and Approval of Medford Water Commission Wholesale Agreement FROM: Michael R. Faught, Public Works Director, faughtm@ashland.or.us SUMMARY: The emergency Talent, Ashland and Phoenix (TAP) project was substantially completed and Medford water was added to Ashland's distribution system on August 27, 2014. The final phase of the TAP project involves construction of a new permanent pump station on City controlled property and staff is seeking Council direction on one of two pump station options. Additionally, staff recommends the City Council approve the attached Medford Water Commission Wholesale Water Agreement. BACKGROUND AND POLICY IMPLICATIONS: Project Update A ribbon cutting ceremony was held on September 11, 2014 to celebrate the substantial completion of the TAP project. While there are still outstanding elements of the project (acquisition of an easement for the permanent pump station, construction of the pump station and finalizing an agreement with the Medford Water Commission), Medford water was added to Ashland's distribution system beginning on August 27, 2014. More than 17 million gallons was added during the testing period that ended in mid-September. The TAP project included engineering and construction of 14,000 feet of 16-inch pipeline within ODOT Highway 99 right-of-way from Ashland Mine Road in Ashland to Creel Road in Talent, and construction of a temporary pump station located near Butler Ford at the corner of Valley View and Highway 99. The new water supply system was designed to provide an additional 2.13 million gallons per day (mgd) of water to Ashland for emergencies. The approved budget for the project is $4,322,000 and there is $478, 973 remaining to construct the final TAP pump station (see chart below) expenditures are as follows: Description Costs Approved TAP Budget $ 4,322,000 Pipe Line & Temporary Lift station Costs to Date ($3,531,438) Land Acquisition 160,000) Professional Services (engineering, project inspection, etc.) 151,589) Remaining Funds for Lift Station Construction $ 478,973 Page 1 of 6 Ir, CITY OF ASHLAND The Public Works team and subsequent engineering and construction contractors take great pride in having substantially completed this project within five months, when it normally would have taken up to two years to complete under normal circumstances. Delivering this project in that short window was an amazing accomplishment and ultimately ensured our community would have an emergency water supply available during Ashland's worst drought year on record. The project was designed and constructed in phases and funding for the project was accomplished just prior to the construction process. Staff successfully secured a $2.97 million Safe Drinking Water Revolving Loan at 1% interest that included $950,000 in loan forgiveness. In addition, staff successfully negotiated a long term water delivery agreement with the Medford Water Commission. An out-of-the-box approach to the project resulted in having Medford water available for our community on time. Any number of things could have caused this project to fall apart, including obtaining all required right-of-way permits, finding and having 14,000 feet of 16 inch water pipe delivered on time, securing the loan prior to construction to ensure reimbursement, acquiring a permanent easement for the pump station, etc. It took the relentless perseverance of several dedicated and talented team members to see this fast-tracked project through. While the success of this project reflects the talents and skills of several Public Works employees and consultants, staff would like to specifically recognize key players that provided the leadership to make sure this project was delivered on time. The first is Morgan Wayman (the Dude) who, as the Public Works project manager for the project, worked tirelessly, while providing some humor along the way to ensure the project was completed on time. Others include Steve Walker, our distribution supervisor, who made sure that the project interfaced with our distribution system; Scott Fleury who managed all of the contracts and loan documents; and our Legal Department for their assistance in the emergency procurement process and timely review of important documents. In addition, staff would like to recognize: • Jeff Ballard, RH2 design engineer and Jeff Fowler, Pilot Rock Construction, for understanding the emergency situation and focusing their time on our project and ultimately completing it on time. • Fumi Schaadt, Regional Coordinator Community Development Division Oregon Economic and Community Development, for expediting the Safe Drinking Water Revolving Loan application. • ODOT and Jackson County for fast tracking the permitting process. Without this team commitment and out of the box problem solving, this project would not have been completed on time. Next Steps Two elements of the project still need to be completed in order to finalize the project. • The first is that staff seeks Council direction on one of two options for the construction of a new permanent pump station on City-controlled property. • The second element is finalizing the Wholesale Water Service Agreement with the Medford Water Commission (MWC). Page 2 of 6 V1, CITY OF ASHLAND TAP Permanent Pump Station on City-controlled Property Options Staff asked RH2 to provide pump station design options that allow for future expansion from 2.13 mgd to 3 mgd. To that end, RH2 has provided two pump station design options (as presented in the attached RH2 TAP Pump Station Final Construction Planning memo) for Council consideration. A summary of the two pump station design options are as follows: Option l: Construct pump station utilizing existing pumping equipment at an estimated cost of $542,000. With the exception of purchasing the rental pump and variable frequency drive, this option meets the original intent for the emergency TAP system and will exceed budget projections by $63,027. Remaining TAP Funds $478,973 Option 1 Pump Station Cost $542,000 Difference 63,027) The reason staff is recommending the purchase of the equipment under this option is that it cost $47,815 to rent the equipment this summer and would require similar costs every time the TAP system is used in the future. Advantages: 1. Invests partially in permanent structure constructed to current essential facility standards to resist natural disasters (i.e., earthquake, flooding, etc.). 2. Provides for future expansion of pump station capacity. 3. Locates pump station on City-controlled property, permitted and constructed in accordance with Jackson County codes. 4. Exceeds TAP funding by $63,027 Disadvantages: 1. Does not provide the desired capacity of 3.0 MGD, until future upgrades are completed. 2. Requires purchase of used pumping equipment that may be less reliable and which is less efficient than proposed permanent equipment. Option 2: Construct a permanent 2.13 mgd pump station with designed ability to expand to 3 mgd at an estimated cost of $1,020,000, more closely meeting long term future supply needs. If approved, this option exceeds budget projections by $541,027. Remaining TAP Funds $ 478,973 Option 2 Pump Station Cost $1,020,000 Difference 541,027) This option constructs an initial facility with two pumps and room to add a third pump if the City decides to expand to 3 mgd. Having two pumps available provides another level of redundancy in the event of pump failure during an emergency. In the event Council selects this option, staff has begun conversations with the Fumi Schatt about securing low interest loan funds for the additional $541,027. Advantages: Page 3 of 6 Vim, CITY OF ASHLAND 1. Invests in permanent structure constructed to current essential facility standards to resist natural disasters (i.e., earthquake, flooding, etc.). 2. Improved performance and reliability of pumping equipment. 3. Best solution to move towards long-term goals. 4. Excess funding is not spent on equipment that does not meet build-out goals. Disadvantages: 1. Highest cost alternative due to purchase and installation of new pumping equipment. As Council considers the pump station options for construction, staff wants to let council know that increasing overall capacity of the TAP system from 2.13 mgd to 3 mgd is more complex than upgrading the pump station. Increasing capacity to 3 mgd may require adding anywhere from 4,000 to 8,000 feet of 16" water pipe depending on impacts to Ashland, Talent and Phoenix distribution systems. Because of those complexities staff is recommending further evaluation of the TAP capacity and that expansion be deferred until after the next Water Master Plan update, scheduled to be completed in 2017. It is important to note that property negotiations for the permanent pump station could not be completed by the early September deadline; therefore, staff obtained a right-of-way permit with Jackson County on a soon to have been abandoned county right-of-way where the current temporary pump station was constructed, meeting the early September deadline. To that end, staff is now close to completing an agreement to purchase an easement for the permanent pump station. Most of the equipment located in the temporary pump station will be moved to the permanent pump station; however, of the $559,120 spent to construct the temporary facility $115,876 can't be re-used at the new site. Just for clarity, the $559,120 also includes $47,815 for the rental of the emergency pump. This cost would have been expended even if we would have been able to negotiate the pump station property. Finalization of the MWC Wholesale Water Service A,-reement Staff is pleased to report that negotiations for the attached wholesale water service agreement with the MWC have been completed. In cooperation with MWC, the new agreement includes dispute resolution language; special conditions that provide the 2.13 mgd capacity, and the ability to expand to 3 mgd in the future, as long as additional SDCs are paid; and it acknowledges Ashland's right to exchange and transfer water between Ashland, Talent and Phoenix. In addition, the proposed agreement excludes some language in MWC's standard contract based on Ashland's legal staffs review. Those sections that do not apply to Ashland are lined thru on the agreement. Examples of strike thru language include Article 5 Urbanization Policy, sections of Article 7 System Development charges, and sections of Article 12 Annual Water Quality Reporting Project History Ashland's 1998 Water Master Plan projected that daily peak water demand would exceed the treatment plant's capacity by 2016. At that time, the preferred solution was hooking into the City of Medford's drinking water supply through an interagency agreement called TAP. To that end, the City entered into a TAP agreement, invested $2.6 million to upsize the pipe from Medford to Talent and purchased Lost Creek water rights. Page 4 of 6 Ir, CITY OF -ASHLAND The adopted 2012 Water Master Plan recommended connectivity into the Talent Ashland Phoenix (TAP) pipeline to provide a backup emergency water supplement for Ashland. This project was scheduled for 2015; however, low snow fall and winter drought conditions led staff to recommend an emergency procurement process to move planning, permitting, engineering and construction of the emergency TAP water line from 2015 to 2014. An accelerated project schedule necessitated the emergency procurement process. Following the City Council's decision in 2008 to delay the TAP project, the City began the process of evaluating different options to solve the peak demand issues. The new water master plan, adopted in 2012, recommends constructing a new 2.5 mgd water treatment plant to address projected peak demand shortfalls. The plan also identified the need for a redundant water source during droughts, toxic algae blooms, earthquakes, fire in the watershed, and other water quality issues that could restrict our limited water supply. The TAP project was included in the master plan for such emergencies. http://ashland.or.us/Ay,endas.asp?Display=Minutes&AMID=3436 At the February 18 Council meeting, Council approved the emergency engineering procurement process for the TAP pipeline (http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=5579) At the March 4, 2014 meeting Public Works presented the cost options for paying the MWC, SDC for both options along with the water delivery agreement. These options included whether to purchase 2.13 or 3 mgd worth of SDC's from the MW C. The 2.13 mgd represents the amount of water the City could receive on a daily average amount over five months based on the 1,000 acre feet of Lost Creek water rights. At the April 22 Council meeting, Council approved the emergency construction procurement of the TAP pipeline, re-obligated $2.4 million Park Estates Pump Station monies to the TAP project, granted the City Administrator contracting authority in excess of $100,000 for construction of the TAP pipeline, granted the City Administrator authority to sign a State Revolving Fund loan agreement in the amount of $2.97 million. The Council approved proceeding with the 2.13 mgd option and staff has continued to work with the Finance Department and economic adviser on payment strategies. http://ashland.or.us/Agendas.asp?Display=Minutes&AMID=5593 COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: As reported in April, staff, with the assistance of the financial advisor and the Finance Department has developed a strategy to fund TAP at a maximum cost of $4.322 million. That included re-allocating $2.4 million in bond monies from the Park Estates improvement project to the TAP project and by securing a $2.97 million loan at 1% with $950,000 in loan forgiveness from the Infrastructure Financing Authority to fund the remaining $2 million for TAP project. Since that time, the water fund has experienced revenue short falls due to the 2014 drought. At this point, Ray Bartlett, of Economic and Financial Analysis, is projecting FY 2015 revenues to be Page 5 of 6 FE`, CITY OF ASHLAND $195,000 below revenue projections. His report states that the revenue short falls reduce water fund cash balances but that they do not in themselves necessitate a rate increase. In addition to the drought impacts, Mr. Bartlett evaluated the financial impacts of borrowing the additional $541,027 to construct the TAP pump station to accommodate the 3 mgd expansion (Option #2). Option #2 Remaining TAP Funds $ 478,973 Option 2 Pump Station Cost $1,020,000 Difference 541,027) Again, Mr. Bartlett's evaluation determined that no additional rate increases, above those recommended in the Water Master Plan would be needed for the additional debt at this time. However, he does point out that additional debt could result, depending on the outcomes of the 2017 water master plan update, in a need to increase water rates higher than just inflation after 2020. STAFF RECOMMENDATION AND REQUESTED ACTION: • Staff supports RI-12's recommendation to construct a new pump station as outlined in option 2 at a cost of $1,020,000. • Staff recommends approving the MWC Wholesale Water Service Agreement. SUGGESTED MOTION: • I move to approve the Option 2 TAP pump station project. • I move to approve the Medford Water Commission Wholesale Water Service Agreement. ATTACHMENTS: 1. RI-12 Technical Memorandum 2. RI-12 Technical Memorandum Cost Estimate Update 3. Economic & Financial Analysis Memorandum 4. Medford Water Commission Agreement Page 6 of 6 ~r, City of Ashland TAP Emergency Intertie Project ASUILAND TAP Pump Station Final Construction Planning November 13"', 2014 Introduction Since the completion of construction for the Talent Ashland Phoenix (TAP) Emergency Intertie pipeline and temporary pump station improvements, RH2 Engineering, Inc., (RH2) has been assisting the City of Ashland (City) at the City's request to evaluate and recommend the options to complete the project. The emergency project was initiated in March 2014, and required to be complete and delivering water for beneficial use by the City by late August 2014. Throughout the project, the design team and City strived to present options and make decisions that achieved the appropriate balance between providing the best long-term value and meeting the short-term expediency required by the project. However, due to the time restrictions associated with the project, at times it was necessary for the City to make quick decisions and keep the project moving forward to meet the goals and timeline. Now that a temporary system has been constructed that meets the short-term emergency needs of the City, RH2 has begun working with the City to establish plans and direction for the future of the TAP Intertie system, which will provide the infrastructure needed to establish a permanent emergency supply for the City. The TAP Emergency Intertie piping facilities have been designed and installed to meet the estimated current and future emergency demand conditions of 2.13 million gallons per day (MGD) to 3.0 MGD, respectively, as determined by the City. The pumping facilities, however, have been designed and installed to meet only the current emergency demand of 2.13 MGD. Some of the reasons for limiting the pumping capacity of the system are as follows: • The City has stated that water rights purchased by the City limit the flow to 2.13 MGD for the TAP supply. • Impacts on the existing City of Ashland water system have not been fully analyzed to distribute 3 MGD across the entire system. The system was only analyzed to determine the impacts of distributing 2.13 MGD in the Granite pressure zone. • The existing TAP facilities upstream of the City's intertie connection were not previously designed to deliver over 1.5 MGD to the City of Ashland. During design, RH2 verified that the existing facilities could supply 2.13 MGD through minor modifications to the existing system. Expansion to 3.0 MGD would require more substantive improvements and modifications to agreements between jurisdictions that would exceed the time restrictions imposed on the project. • As part of the drought response, the City enacted a voluntary conservation policy with the goal of encouraging customers to voluntarily reduce the demand on the water system. The effects of a conservation or curtailment policy should be evaluated and incorporated into the future planning for the TAP system prior to expanding the system to 3 MGD. • At the time of design and construction, the City was still in negotiations and had yet to secure property for a permanent pump station to supply TAP water to the City's distribution system. As a result, a temporary pump station was constructed within abandoned Jackson County right-of- 11/14/14 4:14 PNI Z:\Botl,ell\Data\COA\1014-033\02 Preliminary Desigt\Technieal iMemos\A'1'AP Memo 5-TAP Permenant Pump Station Options.do- TAP Pump Station Final Construction Planning Tech Memo No. 5 Page 2 way near the intersection of Hwy 99 and West Jackson Road utilizing rented pumping equipment sized to meet current emergency demands of 2.13 MGD. This was done with the expectation that a permanent pump station would be constructed soon after, and in the same general vicinity as the temporary station, that would be designed to meet current and future demand requirements. With many of the above issues and constraints still requiring evaluation, and some of which will require extended planning and coordination, additional work is needed in the interim in order to firm up the use of the existing temporary pump station to a permanent status, or to construct a new permanent pump station in its place. Without this, the City's existing water supply remains vulnerable, whether due to drought which would affect the watershed or due to flooding which could threaten the operation and safety of the water treatment plant. In order to help secure the TAP system as a reliable year-round emergency supply, the City has requested that RH2 evaluate alternatives for firming up the use of the existing temporary pump station to a permanent status. The motivation to quickly perform this evaluation comes from the fact that the existing temporary station needs to be relocated onto property controlled by the City and that the existing station was constructed with a rental pump and appurtenances, which may not provide the best long-term economic value or meet the City's long- term operational goals. Per conversations between RH2 and the City, we understand that the alternatives that are to be evaluated include: 1. Construct a new permanent pump station on City-controlled property that utilizes existing rental equipment. This pump station would be designed to utilize existing rental pumping equipment to a maximum of 2.13 MGD. While provisions will be provided that would allow the building and pumping capacity to be expanded in the future, under this alternative, a greater emphasis is placed on reducing the short-term construction costs by minimizing the size of the building and utilizing existing pumping equipment. 2. Construct a new permanent pump station on City-controlled property that allows for future expansion. Pump station would be designed to provide 2.13 MGD based on preferred pumping equipment with space provided for future expansion and redundancy of pumping equipment up to 3.0 MGD. Under this alternative, a greater emphasis is placed on providing a solution that minimizes the overall costs and meets the needs of the system based on the short-term and long- term emergency demand projections. This evaluation of alternatives is limited in scope and its purpose is to present the options available to secure the TAP Pump Station facility as a permanent facility with the capacity to deliver a minimum of 2.13 MGD of emergency supply into the Granite pressure zone. While this evaluation includes options for expansion of the TAP Pump Station to a maximum capacity of 3.0 MGD, additional analysis and improvements to the TAP and Ashland distribution system will be required and are not included in this evaluation. Alternative 1: Construct Permanent Pump Station and Utilize Existing Pumping Equipment Under this alternative, the rental pumping equipment (i.e., pump and variable frequency drive) would be purchased and relocated to a new permanent structure constructed on property under the control of the City. The permanent pump station building would be constructed with separate rooms for chlorination and the mechanical/ electrical equipment as shown in Figure 1. The building would be configured so as to minimize the initial construction costs, while providing the ability to expand the 11/14/20144:20 PVI Z:AI3othell\D9CLACOA\1014-033\02 Preliminae}° DesignAPechnical Memos\ATAP Vlemo 5-TAP Peemenant Pump Station Opuons.docs TAP Pump Station Final Construction Planning Tech Memo No. 5 Page 3 building in the future as needed to install the permanent pumping equipment and increase the pumping capacity form 2.13 MGD to 3.0 MGD. Advantages: 1. Invests partially in permanent structure constructed to current essential facility standards to resist natural disasters (i.e., earthquake, flooding, etc.). 2. Provides for future expansion of pump station capacity. 3. Locates pump station on City-controlled property, permitted and constructed in accordance with Jackson County codes. 4. Can likely be constructed within the City's current budget for the TAP project. Disadvantages: 1. Does not provide the desired capacity of 3.0 MGD, until future upgrades are completed. 2. Requires purchase of used pumping equipment that may be less reliable and which is less efficient than proposed permanent equipment. PRELIMINARY FOR~ ALTERNATIVE 1. Units Qty T_o_tal Cost 1 Mobilization/Demobilization LS 1 $25,400 2 Site Work and Utilities LS 1 $59,700 3 Building Structure LS 1 $74,800 4 Mechanical _LS 1 $27,300 5 Demolition and Relocation of Existin_a Equipment LS ~ 1 ~ $22,100 6 Finishes LS -1- $11,100 7 Electrical and Automatic Control LS 1 $58,900 l Subtotal - $279,300 ;Contingency 15% - $41,900 Purchase Rental Pump and VFD $120,000 Total Construction Costs - $442,000 Alternative 2: Construct Permanent 2.13 MGD Pump Station with Designed Ability to Expand to 3.0 MGD Under this alternative, a new permanent pump station would be constructed with two vertical turbine pumps with a capacity of 2.13 MGD on property under control of the City. Under this alternative, the City would return the rental pumping equipment and relocate the existing chlorination equipment to the new pump station. The station would be set up to only need one additional pump installed to supply 3.0 MGD to the Granite pressure zone, as shown in Figure 2. Advantages: 1. Invests in permanent structure constructed to current essential facility standards to resist natural disasters (i.e., earthquake, flooding, etc.). 2. Improved performance and reliability of pumping equipment. 3. Best solution to move towards long-term goals. 4. Excess funding is not spent on equipment that does not meet build-out goals. 11 /1-l/20144:20 PAI 7.:ABothc11\DaetAC0.A\1014033\02 Preliminary Deign\Technical N[emos\-\TAP Me- 5-TAP Permenant Pump Station Options.doc- TAP Pump Station Final Construction Planning Tech Memo No. 5 Page 4 Disadvantages: 1. Highest cost alternative due to purchase and installation of new pumping equipment. s COST ESTIMATE FOR ALTERNATIVE 2: Units _ii Total Cost 1 Mobilization/ Demobilization LS 1 $72,800 2 Site Work and Utilities IS 1 $93,900 - - - - - - - 3 Building Structure LS 1 $127,200 4 Mechanical LS 1 $254,900 LS 1 $11,200, 5 '!Demolition and Relocation of Existing Equipment Finishes LS 1 $29,600 ` 7 ! Electrical and Automatic Control LS 1 $210,300 Subtotal - 1 - $799,900 Contingency 15% - $120,000 Total Construction Costs - $920,000 Conclusion As described in the Introduction section, the issues and decisions surrounding the long-term goals and needs for the TAP system are complex and warrant further evaluation and discussion beyond this memorandum. These are important issues, and RH2 recommends that the City begin to take steps to allocate the resources necessary to complete this evaluation. That said, given the recent circumstances that have led the City to this point in time, one issue that seems beyond reproach is the need for the City to establish a permanent and reliable emergency water supply source. To date, the City has invested $3.5 million in the construction of the TAP Emergency Intertie for the purpose of providing emergency supply to offset the projected deficit caused by the drought of 2013. To secure this emergency supply source, it is recommended that the City proceed with design and construction of a permanent TAP Supply Pump Station. While both of the alternatives will meet the immediate needs of the emergency supply system for the City, each alternative has advantages and disadvantages depending on the desired operation of the final facility. Based on RI-12's understanding of the goals and needs of the City, it is our opinion that Alternative 2 moves the City closest to the system that will meet the long-term goals of the utility and provides the most completed project without full evaluation of the system as a whole which will be required in the future. PROp,, G i N ~~,p /O2 79543 fit' O GON O 10 ~~yALL EN EXPIRES: 12/31/2015 11/14/20144:20 PM Z: B.d,d1\D',taACOA\1014-033\02 Preliminary DesignATechn-1 Memos\ATAP Dlemo 5 -TAP Pe=cnant Pump Staton Options.doc% j I i a Lin I; S. z -o gq~ poll i {t , N rtl i ~ ~G+~ in boy LI N,p o yo f i O 4 9 Z 1 ( f i i : li E f I _ C m y I N 'PO Ill `3 I m ° co - CZ +g7+.n o~ ~3g~ K° Z -Zi ^^1 ~ .~O ~2p~ ~'C w Jp 9 ~ G6 N O 4 I ~I ~i E E 0 O - O - a E z N N N N / E u° 0 Z E_ N N N N OD N O NO a o m ' Lr! 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E v Q o c E° o o a m cc w 0 .0 r 7 ~ o c o d c v .2 U 2' C~ cc '0 -g t C c a W o c n N Q `fl O 'E a -aa v a -a -ao u c G C N _ U A m L R C?= 0 't -Z O V ca ca w r x¢ f. . E • a o , C. U a m~ aN ECONOMIC & FINANCIAL ANALYSIS MEMORANDUM TO: Mike Faught FROM: Raymond J. Bartlett DATE: November 21, 2014 RE: Impact of 2014 Drought and TAP Capital Costs on Water Utility Cash Flows The Impact Of The 2014 Drought On Water Rate Revenues Customer response to the 2014 drought this past summer-July through September-has resulted in reduced water revenue of about 5.45% compared to the same time period in 2013 as shown in Table 1 by customer class. Residential and Irrigation customers conserved the most, and these customers were the City's focus for conservation messages. Table 1 Comparison of Water Rate Revenues July through September, 2013 and 2014 Calendar Change Customer Class FY 2014 QI FY 2015 Q 1 $ % Commercial & Industrial $289,522.78 $287,261.70 ($2,261.08) -0.78% Fire Guard 7,332.21 6,570.52 (761.69) -10.39% Governmental 72,171.41 70,266.44 (1,904.97) -2.64% Multifamily 236,740.71 228,621.01 (8,119.70) -3.43% Residential 1,346,389.94 1,211,647.70 (134,742.24) -10.01% Irrigation 366,130.98 346,502.52 (19,628.46) -5.36% New Service Installation 9,824.67 27,189.26 17,364.59 176.74% Miscellaneous Services 10,280.00 9,450.00 (830.00) -8.07% Total Charges For Services $2,445,562.18 $2,312,352.02 ($133,210.16) -5.45% Source: City of Ashland, Administrative Services. The 5.45% reduction, however, understates the true impact since the City passed an across-the-board 10% rate increase for FY 2015 effective July 1, 2014. Relative to the budget for FY 2015, revenues are about 12.5% less than had been expected for the quarter. In a normal fiscal year, revenues in the first quarter account for approximately 37.6% of total annual revenues. Also, conservation is most likely to occur in the 1St quarter than in any other quarter because much of the water usage is for outdoor purposes, which are largely optional. 1409 Franklin Street, Suite 201 ■ Vancouver, WA 98660 T/360.823.1700 Impact of 2014 Drought and TAP Capital Costs on Water Utility Cash Flows November 21, 2014 In fall, winter and spring, water usage drops to indoor levels and residential customers have little opportunity to conserve water until May and June, when demand for outdoor water usage increases. Irrigators don't use water in the winter. If the conservation messages have a lasting effect or if the City re-starts the conservation messages in April or May, then water sales in the spring may also decrease relative to historical levels. May and June typically represent about 17% of annual water sales. If conservation continues through these months, annual revenues may be reduced to $6,311,500, a reduction of about $174,000. The City budgeted $6,485,000 for the year, so revenues may be less by 2.7% (a loss about $174,000), or more conservatively by 3% (a loss of about $195,000). Table 2 shows a cash flow forecast assuming a 3% decrease in revenues in FY 2015 and a return to average water usage in FY 2016 and thereafter. The schedule of capital improvements presented May 20, 2014 when the City chose to build the TAP water line and contract with MWC for up to 2.13 MG of water per day. At that time adjustments were made to the capital improvements plan to defer some planned projects and to delay others to keep total annual costs at a level that the adopted rate increases remain unchanged. Table 2 assumes that the rate increases recommended and adopted in the Water Master Plan remain unchanged. Rates will not increase faster than already planned. The impact of conservation this past summer resulted in lower cash balances at the end of the year, but do not themselves trigger an increase in rates. Tables 5 and 6 at the end of this memo show the schedule of capital improvements for the year construction begins and the schedule of existing and future debts and grants. Table 5 includes the cost of replacing the temporary TAP pump station with a permanent pump station that can pump up to 2.13 mgd, This Alternative 1 (and Alternative 2) is described in a November 13, 2014 memorandum from RH2 engineering to the City of Ashland. Alternative 1 will cost $542,000 to construct. RH2 presented Alternative 2 for the TAP pump station that provides a better long-term solution. Alternative 2 provides a larger pump building with a 3`d pump bay so that at some time in the future the City could install a 3`d pump and increase the pump station's capacity from 2.13 mgd to 3 mgd. Alternative 2 will cost $1,020,000 which is $478,000 more than Alternative 1. The financial impact of Alternative 2 assuming no additional rate increases is to increase the amount the City will have to borrow by $542,000, increase annual debt service which will reduce the cash balances. Table 3 compares the ending Cash & Equivalents of Alternatives I and 2. Since the City borrows the additional cost of Alternative 1 annual debt service increases. Alternative 2 presses the City to either delay other capital improvements or increase rates more rapidly sometime in the future. That decision could be delayed until the City updates its water master plan and financial plan which is scheduled for FY 2017. For both alternatives, EFA assumes the additional cost will be financed at 5% over a 25 year term. The City has applied to the state of Oregon IFA program to finance these additional costs at between 1% and 3% over a 20 to 30 year term. If successful, future debt service will be less and cash balances higher. ECONOMIC & FINANCIAL ANALYSIS Page 2 N O 0 0 0 O O O O0 O O ^ O l N ~ O N l) O 0 0 0 O O O opO 00 C'T It O O O l~ N ~/'1 M O N M M ~D ON r- 00 O O \O O "C) 00 C~ CD N M M M M cr1 N 6F? M b4 M ~p 69 .._....--i M 69 E N 0 0 0 0 O O Cl O ^ 00 M Oll N Z o O O O 0 0 0 0 0 p p 0 Cl 0 M N n O C~ lv ~ I'D - O O O` ~ N O 10:10, ~6 O M ob N_ 00 OO r-- 11C ~D \O O n M N . 00N1 N 69 oN r 0 0 0 l~ n 00 00 N O M N N Ge 69 M tlq ^ 00 ° 0 0 0 O O 0 0 n O 01 tII O O O O O O O O p p 0 p 0 n N l~ ~p a O N O oD 0o O O O O O o0 p 0 O~ O O1 n C5 C, c as N oc CD N n n VO ^ 01 O OA tv n OA n p U OO 00 00 M G\ aj O O O, 't M oO 0O I1 11, N 6R N 69 0O 69 EA GA 0 O O O O O O O O O O p O Cl CD kn O O N o0 00 O O l~ O O O O O O O O O n O O 01 01 N 00 a1 N O O n N l- O O n p 0 G1 V p t` M oc n O l~ l~ n N p l~ ~ v1 cM o0 l~ I~ C\ DD M 01 C1 fir `O - r- In O n b4 M 01 CA in Go~, C) C) 0 0 O G O O N N N 00 0 O p O N O N ~ n O °O O~c AO O n O N p 0 O h 01 V p a1 kn N M O N Cl) M 00 01 O M 00 _ N N C;0O n i j p VJ ~n ~O 00 ~ 01 M 0M rn cn M O00 o0 OM ono n coq r d. 6g 69 N E~ °ooo ~ a, oo ~ ~ ,n O O O 00 O N ~p O o0 O oO a> 0 0 0 0 N O N V MM O O O M V n M cn 00 O~ 3 bn N M n M V M O _ l- O D 0 In LL Q1 OA 7 t` M VO .~pr O N M .M. n In N N Tt `D n N b4 M M r- n M OC _ V' N in O ro O 69 C, 7 69 r N 69 V G- sti 1~ d c's fu `qy N f6 {y Y O Q ~ 0 O N F" U N (1] U a S C W PO U , H ~ a w U w U bD ° w ~ don ~ a ~ Wd ~aaW i m ca cd W ~ ~ W W z O o D O 3 U O = a a i a w c°'i o o w U o o R J c 3 w~~~~ '~Qw U aU ~ww Q N ~O "a O O w O O rn 7-. N U O N G. R `q '!I a R Q K Q cv o o Q Q Q U Z U U H u09 W Uv UCL a ~f:) Impact of 2014 Drought and TAP Capital Costs on Water Utility Cash Flows November 21, 2014 Table 3 Comparison of Cash & Equivalents for Alternatives 1 and 2 Mod. Bdgt. Forecast Fiscal year ending June 30 2015 2016 2017 2018 2019 2020 CASH & EQUIVALENTS Alternative 1 $2,339,915 $3,330,958 $2,918,970 $2,707,179 $4,536,072 $3,570,732 Alternative 2 $2,339,915 $3,306,748 $2,860,282 $2,613,841 $4,407,910 $3,407,572 Decrease $0 ($24,211) ($58,688) ($93,338) ($128,162) ($163,160) ECONOMIC 6 FINANCIAL ANALYSIS Page 4 Impact of 2014 Drought and TAP Capital Costs on Water Utility Cash Flows November 21, 2014 Paying for the TAP water line from SDC and Water Fund Revenues The first payment to the Medford Water Commission for the TAP line system development charge (SDC) is due. The agreement calls for an initial down payment of $262,008 and semi-annual interest and principal payments of $81,877.77 for the next 20 years. The interest rate is 3.42% per annum. The City also paid contractors approximately $4.4 million to construct the TAP line. The proposed update of the water SDC includes 100% of the cost of the TAP water line project. Both the SDC charged to the City by M WC ($2,620,084) and the estimated construction cost ($4,400,000) are included in the SDC reimbursement fee. The City may use SDC revenues to pay up to 100% of MWC's SDC and 100% of the cost of construction, though available cash is insufficient to pay both. As of June 30, 2014, the water SDC fund had a balance of $2,078,886. Since then, the City has collected an additional $107,169. While SDC revenues fluctuate significantly on a year-to-year basis, the annual average since FY 2009 has been approximately $240,000. Price of water from TAP vs. City Water Rates The City purchases water from the TAP line at a cost of $0.69/1,000 gallons (kgal). It sells water to its customers at prices that range from $2.97/kgal to $6.31/kgal. The revenue the City earns after paying TAP is used to pay for the rest of the costs of owning and operating the water system which include all O&M and debt service. Table 4 City of Ashland Water Rates for Usage (July 1, 2014) Margin Consumption by Customer Class $/cf $/ccf $/kgal (at $0.69/kgal) Single Family Residential 0 to 300 cf / month $0.0222 $2.22 $2.97 $2.28 301 to 1000 cf/month $0.0274 $2.74 $3.66 $297 1001, to 2500 cf / month $0.0365 $3.65 $4.88 $4.19 > 2500 cf / month $0.0472 $4.72 $6.31 $5.62 Multi-Family Residential 0 to 300 cf / unit / month $0.0222 $2.22 $2.97 $2.28 301 to 1000 cf / unit / month $0.0274 $2.74 $3.66 $2.97 1001, to 2500 cf / unit / month $0.0365 $3.65 $4.88 $4.19 > 2500 cf / unit / month $0.0472 $4.72 $6.31 $5.62 Non-Residential 0 to 50,000 cf / month $0.0314 $3.14 $4.20 $3.51 > 50,0000 cf / month $0.0323 $3.23 $4.32 $3.63 ECONOMIC 6 FINANCIAL ANALYSIS Page 5 O . . . . . r . . . . . . . . ~ N O O N N N a! E a1 0 Ol . . O . . 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W v O a. y bJl oN ~ ~UC7C~QO.a~ A cliO.a~ u r7 C U H W E t N 00 CD C~ cam! r~ 00 O~ O ~ N v O Ql ^ O O O ^ ^ 00 Z O O s o O rI O ~O O(VOl.. 00 00 C71 00 DD GG 07 r~ (1) ~ fry v on f a l:D O ^ C N ~ it CS ~ C , N Ef' ~ 69 C-D l~ O 000 M O O U~ ~ N O M fn 00 Ef 6R ~ ~ p CI O ~ 140 CC 5 ~n O 6F 64 ~ SS ~ ~ b9 v 0 O 00 r ~ r1 O ~ N r 646~M TI" 3 O LL L N U T v ro C O O M ~n N O U m b a O .a 1& u W m o_ V W a ~ w as [ a ~ U +O U z L O [d Qr Z O CD., cd -5 u N ct a W U s: VJ a Q Q. a H ~.a z N az ~Q w cu oc~wF E WHOLESALE WATER SERVICE AGREEMENT THIS WATER SERVICE AGREEMENT (Agreement), made and entered in duplicate to commence on the first day of October, 2014, between the City of Ashland, a municipal corporation of the State of Oregon, acting as purchaser (Ashland), and the City of Medford, a municipal corporation of the State of Oregon, acting by and through its Board of Water Commissioners, acting as vendor (MWC), together referred to as the Parties. RECITALS: 1) MWC is an entity established under the Home Rule Charter (Charter) adopted by the citizens of the City of Medford, comprised of five citizens appointed by the Mayor and confirmed by the City Council, to manage the Water Fund for the purpose of supplying inhabitants of the City of Medford with water; and 2) Under Section 19 of the Charter, the MWC is authorized to sell water and/or supply facilities outside the legal boundaries of the City of Medford, only if said water and/or supply facilities are surplus to the needs of the inhabitants of the City of Medford, and meet certain conditions of MWC Resolution No. 1058; and 3) Under the Charter, the MWC is authorized to set rates for City of Medford inhabitants, and to make all necessary rules and regulations for the sale, disposition and use of water and water service from the City of Medford water system, and the MWC has adopted such rules and regulations; and 4) Per the MWC's projections, reports and plans, the MWC finds it has surplus water and supply facilities capacity available in its system to serve Ashland; and 5) Ashland desires to purchase surplus treated and transported water from MWC from October through April, and purchase surplus supply facilities treatment and transport services for Ashland's own water appropriated under Ashland's own state-issued water rights from May through September; NOW, THEREFORE, for and in consideration of the foregoing and of the mutual promises herein, the Parties mutually agree as follows: Water Service Agreement - City of Ashland Page 1 of 9 AGREEMENT: ARTICLE 1. SCOPE OF SURPLUS WATER SUPPLY AND SERVICE Subject to Article 3 of this Agreement, MWC agrees to supply surplus water up to a combined (from all connections) maximum of 1480 gallons per minute (GPM) for the months of October through April, and surplus facilities capacity to treat and transport water up to a combined (from all connections) maximum of 1480 GPM for the months of May through September. Ashland agrees to provide sufficient water storage as part of its water system to assure that the maximum rate of withdrawal in GPM by Ashland is not exceeded. Upon written request by Ashland, this Agreement may be amended to provide supplemental supply and service to Ashland if MWC determines that it has surplus capacity for Ashland's use, and Ashland agrees to reimburse MWC the reasonable cost of providing such supplemental supply and service. ARTICLE 2. ASHLAND DISTRIBUTION SYSTEM EMERGENCY Upon notice to MWC by Ashland of a distribution system emergency, MWC will use its best efforts to provide supplemental water supply or services during the emergency. For purpose of this agreement, "distribution system emergency" means: Any human or natural caused event that disables or impairs the distribution system such that its use constitutes an immediate threat to human life or health. ARTICLE 3. MWC CONNECTIONS MWC owns and is responsible for the construction, extension, maintenance, and operation of the MWC system up to the point of and including the master Ashland meter. Ashland shall pay all costs of connections to the MWC system including initial metering, initial and ongoing backflow protection, and annual testing of the backflow device, all in accordance with MWC standards. MWC shall monthly read and annually test the master meter and provide readings and test results to Ashland. Ashland's water supply is provided by the following master meter(s) with backflow connections to MWC: • 10" Rosemount Tube Mag Meter at the Talent-Ashland-Phoenix (TAP) Pump Station on Samike Drive, Medford, Oregon Water Service Agreement - City of Ashland Page 2 of 9 I Temporary emergency connections to MWC with prior approval can be provided at the following location(s): N/A The following special conditions concerning connections to MWC apply: • The water supplied by MWC is an emergency source for Ashland, and is limited under this agreement to 2.13 million gallons per day (MGD), after having paid, or arranged to pay, all System Development Charges (SDCs) for that amount. In the future, Ashland can request up to a total of 3.0 MGD by paying future SDC rates on the remaining 0.87 MG. • MWC acknowledges Ashland's right to exchange and transfer water between the cities of Ashland, Talent and Phoenix, Oregon, within the total cumulative contracted GPM of all three noted cities served through TAP and their individual wholesale customer agreements with MWC. ARTICLE 4. MWC REGULATIONS Water service under this Agreement shall be in accordance with Section 30 SURPLUS WATER and Section 31 PROVISIONS RELATING TO UTILITY AND MUNICIPAL CUSTOMERS of the MWC Regulations Governing Water Service (Regulations), as now in effect or as may be amended. If there is any inconsistency between this Agreement and the Regulations, the Regulations control. Notwithstanding the foregoing, nothing herein is intended to relieve MWC of its obligation to supply surplus water in accordance with the terms of this Agreement, except as dictated by Federal/State regulations outside the control of MWC. The Parties acknowledge that implementation of this Agreement and the Regulations are subject to federal or state directives. MWC shall promptly provide Ashland a copy of any amendments to the Regulations. ARTICLE S. URBANIZATION POLICY [NAME OF CITY] agFees te pFevide water and services te Gustemers withiR Ashland Gity 1irAit&,-(3+ Water Service Agreement - City of Ashland Page 3 of 9 I is attaGhed to this AgreemeRt aS Exhibit A. [NAME OF QP~j shall pFemptly netify MWG- ARTICLE 6. MEETING FUTURE WATER DEMANDS Water and water services provided by MWC under this Agreement are pursuant to water rights held by the MWC and Ashland. Nothing in this Agreement shall be construed to confer upon either party a legal or beneficial interest in each other's water rights, or to prevent either party from seeking additions or alterations to their water rights as deemed necessary. Ashland shall acquire and maintain such water rights as needed to meet the demand within its service area during the months of May through September. Ashland may use the MWC intake facility, located at the intersection of Table Rock Road and the Rogue River in White City, as the designated point of diversion for Ashland water rights. MWC shall cooperate in the perfection of any Ashland water rights. Ashland currently holds water rights with a diversion point on the Rogue River at the MWC Intake Facility site at the rate of N/A cubic feet per second and volume of 1000 acre feet. Delivery of such Ashland water through MWC facilities shall be subject to the same terms and conditions as delivery of surplus MWC water. MWC shall measure and record at its Robert A. Duff Water Treatment Plant the amount of water withdrawn from the Rogue River by MWC and its municipal water service customers under each of their respective water rights. In its monthly water service invoice, MWC shall provide water use data for Ashland. [NAME OF Q44] shall pFavide MWG updated demand pFejeGtiens.- ARTICLE 7. SYSTEM DEVELOPMENT CHARGES Pursuant to Resolution No. 774, MWC has established Water System Development Charges (SDCs) and supporting methodology to finance future MWC transmission and treatment facilities expansions. SI)Gs apply to all new , [NAME OF CITY] euste., . MWC reviews the SDCs annually and reserves the right, in its sole discretion, to modify or replace the SDCs with a different financing mechanism for system improvements. All SDGs cellected by [NAME OF CITY] will be held in a sepaFate aGGeunt and feFwarded te A.M.AX aieng with an ac-c-ounting ef the numbeF and sizes of the seFviee-, installed. [NAME OF CITY! shall PF@vide MWC- with a copy ef the seetien within the annual INAME OF C-141 audit tha Water Service Agreement - City of Ashland Page 4 of 9 [NAME OF CITY1 al aeeounting of all SDGs Gelle6ted MWC utilizes a utility basis for determining the water usage rate it charges Ashland. Under this rate analysis, Ashland is required to pay a return on investment for its share of the facilities paid for by MWC. Facilities funded by SDCs shall not be included in the return on investment portion of the rate analysis. MWC shall render technffiGal ass4stance te [NAME OF CITY] in deteFmining Sl)cs. MWC shall defend [NAME OF GIT-Yj against any legal aetien eF appeals whieh may aFise eveF the „suGh defense Upon termination of this Agreement, the following refund policy shall apply: (a) MWC shall return to Ashland its prorated share of the unexpended balance of the SDCs fund. This prorated share shall be based upon the actual unexpended SDCs collected by Ashland for the specific facilities funded by the SDCs, plus the interest earned. (b) MWC shall return to Ashland a prorated share of the depreciated plant value of the specific MWC facilities funded by the SDCs and already installed. The prorated share shall be a percentage based upon the total amount of SDCs paid by Ashland divided by the total SDCs collected and used to fund the facility, not including interest earned during the years in which the SDCs were collected. (c) In order to avoid a financial hardship, MWC shall develop a reasonable schedule of up to five (5) years for repayment of the depreciated value of the specific MWC facilities funded by the SDCs. (d) At the request of Ashland, the MWC shall provide an accounting of the refunds made pursuant to this section. ARTICLE 8. PAYMENTS TO MWC Ashland shall pay monthly for all water and services provided by MWC at MWC's scheduled wholesale rates then in place. Payment shall be made within ten (10) days after the meeting of the Ashland's Council following receipt by Ashland of a statement of charges from MWC. MWC reserves the right, in its sole discretion, to change (with prior written notification of a rate study review) said rate at any time upon sixty (60) days written notice to Ashland, following rate procedures and protocols in the MWC Regulations. Water Service Agreement - City of Ashland Page 5 of 9 ARTICLE 9. TERM OF AGREEMENT This term of this Agreement shall be two (2) years from its commencement. Ashland may, at its option, extend the term for three additional five-year periods, which periods would run through October of 2021, 2026, and 2031 respectively. Extensions shall be subject to the same terms and conditions as this Agreement. Written notice of the election to exercise a five-year extension of this Agreement must be given to MWC not later than January 1st of the year in which the Agreement would otherwise expire. If Ashland fails to provide MWC such notice, this Agreement shall be deemed canceled at the end of the term then in effect. MWC shall continue service for a reasonable period, determined in MWC's sole discretion, to allow Ashland to secure other sources of water. Provided, however, Section 19 of the Charter of the City of Medford limits the term of water service contracts to 20 years and, therefore, the obligations of MWC under this Agreement, including renewal periods, shall not exceed that period of time. ARTICLE 10. ASSIGNMENTS Ashland shall make no assignment of this Agreement without written permission from MWC. Any approved assignee or successor shall agree to be bound by the terms and conditions of this Agreement. ARTICLE 11. WATER CURTAILMENT PLAN During periods of drought or emergency, Ashland shall be subject to the MWC Water Curtailment Plan, per MWC Resolution No. 1345, unless Ashland has in effect a state-approved and adopted Water Curtailment Plan at least as stringent as that of MWC. In the event of a conflict between the Ashland plan and the MWC plan, the MWC plan shall control. The MWC shall give Ashland as much advance warning as possible prior to curtailment of water supplies. The level of curtailment shall be determined by MWC based on the severity of the anticipated shortage. Ashland shall be responsible for enforcing the MWC curtailment plan or the above mentioned Ashland plan in its service area. MWC will require and apply emergency curtailment of water use in an equitable, fair, and consistent manner consistent with Resolution 1345. Continued service during periods of emergency shall neither be construed as a waiver nor limitation of any kind on any water rights held by MWC, or a waiver or curtailment of any water rights held by Ashland, nor as affecting any other terms in this Agreement. Water Service Agreement - City of Ashland Page 6 of 9 ARTICLE 12. ANNUAL WATER QUALITY REPORTING MWC will gather annual water quality data and prepare informational reports as required under state Consumer Confidence Reporting (CCR) rules. These CCR reports will include water quality information for MWC and all participating municipal water customers. iRvolved will be ffepeFtianally shaFed among participating munweipal water custeffleFs and billed s Fately to each. [NAME OF CITY] to MWG ne- later than APF*11 ist of eaGh year. if bulk mailing is the pFiFAaF distribution Mp-t-hp-d- uftilkzed, [NAME OF GITY1 shall alse previde MWG with Postal rp-tpr eeveFiRg their respective se. A- areas by ApFil ist of the deliveFy yeaF. MWC reserves the Fight v for [NAME OF GITY1. In the eve.nt that [NAME OF CITY] FeGeiver- %vate.rinte its system that is supplied by an entity ether than MWG, the eemposite MWG Feport feF that yeaF will net iRclude data far [NAM CIS Ashland shall be responsible for preparation of its own annual CCR, and MWC will provide MWC data by April 1st of the delivery year. MWC maintains water quality test points throughout the MWC system and one specifically at the master meter location(s) of Ashland. These test points are used to collect water samples for meeting required state water quality parameters on a weekly, monthly, and annual basis. All information collected is of public record and is accessible through state or MWC databases. Responsibility for water quality is transferred to Ashland at the point of the master meter location(s), except where water quality problems are attributable to MWC. ARTICLE 13. MUTUAL INDEMNITY To the extent allowed by law, Ashland and MWC shall each defend, indemnify and hold the other, and their officers, employees, and agents harmless from any and all claims, suits, actions, or losses arising solely out of the acts and omissions of the Party's own officers, employees, or agents while acting under this agreement. ARTICLE 14. PARTIAL INVALIDITY If any term, covenant, condition, or provision of this Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in force and effect, and shall in no way be affected, impaired, or invalidated thereby. i Water Service Agreement - City of Ashland Page 7 of 9 ARTICLE 15. INTEGRATION This Agreement represents the entire understanding of MWC and Ashland as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. This Agreement may not be modified or altered except in writing signed by both parties. ARTICLE 16. DEFAULT For purposes of this Agreement "default" means failure to comply with any of the terms of this Agreement. If either party determines that a default has occurred, it shall provide the other party written notice of the default, which such party shall have thirty days in which (a) to cure the default, (b) show that the default is of such a nature that it cannot be reasonably cured within thirty days, or (c) show that no default occurred. MWC and Ashland will work in good faith to amicably resolve the default. If after thirty days of the notice of default, MWC determines, in its sole discretion, that Ashland is unable or unwilling to cure the default within a reasonable time, MWC may impose escalating penalties as follows: (a) ten percent surcharge for a period of thirty days; (b) twenty percent surcharge for the next thirty days; and (c) termination of this Agreement. Such penalties are in addition to any other remedies at law or equity that maybe available to MWC. Failure to issue notice of default or to enforce its remedies under this Article 16 shall not preclude MWC from taking such action for future defaults. If after thirty days, Ashland determines, in its sole discretion, that MWC is unable or unwilling to cure the default within a reasonable time, Ashland may terminate this Agreement and pursue any other remedies at law or in equity that may be available to Ashland. ARTICLE 17. FORCE MAJEURE Neither party hereto shall be liable for delays in performance under this Agreement by reason of fires, floods, earthquakes, acts of God, wars, strikes, embargoes, necessary plant repairs or replacement of equipment, of any other cause whatsoever beyond the control of such party, whether similar or dissimilar to the causes herein enumerated. This clause does not include i causes related to water supply and demand planning or failure to engage in such planning. I ARTICLE 18. DISPUTE RESOLUTION I If a dispute arises out of or relates to this contract, and if the dispute cannot be settled through negotiation, the parties agree first to try to settle the dispute by non-binding mediation before resorting to litigation or other process. The parties agree to share equally the costs of mediation. i Water Service Agreement - City of Ashland Page 8 of 9 i I IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their proper officers on the dates noted below. THE CITY OF MEDFORD THE CITY OF ASHLAND BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS Jason Anderson, Chair John Stromberg, Mayor Karen Spoonts, Deputy City Recorder Barbara Christensen, City Recorder Date Date illl I I Water Service Agreement - City of Ashland Page 9 of 9 CITY OF ASHLAND Council Communication December 2, 2014, Business Meeting Annual Appointments to the Citizens' Budget Committee and the Council Liaison to the Municipal Audit Commission FROM: Barbara Christensen, City Recorder, christeb@ashland.or.us SUMMARY Annual appointment of two positions on the Citizen Budget Committee with 4-year term ending of December 31, 2018; one position with a term ending December 31, 2015, and annual appointment of Council Liaison on the Audit Commission with 1-year term ending of December 31, 2015. BACKGROUND AND POLICY IMPLICATIONS: These vacancies occurred with the term endings on the Budget Committee of Garrett Furuichi and William Heimann on December 31, 2014, and Audit Commission Liaison of Councilor Carol Voisin. There is also an additional vacancy due to the recent resignation of Roberta Stebbins. The deadline for submission of applications ended on November 14, 2014, and notice of these vacancies were published in the local newspaper and placed on the city website. Of the two members on the Budget Committee whose terms are ending, Garrett Furuichi (appointed 8/05/2014) has requested reappointment. There was one new application from Chase Mayer. Council is being asked to choose a Council liaison for Audit Commission at this time also as this term ends on December 31, 2014. These are one-year appointments. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: None SUGGESTED MOTION: I move to appoint and to the Citizen Budget Committee with term ending of December 31, 2018. I move to appoint as the Council liaison with a term ending of December 31, 2015. Page I of 2 W`, CITY OF ASHLAND ATTACHMENTS: Application Page 2 of 2 CITY OF ASHLAND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email christebn,ashland.onus. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name Chase Mayer Requesting to serve on: Citizens Budget Committee (Commission/Committee) Address 450 Wightman St. Ashland OR, 97520 Occupation Student Phone: Home 503-789-4978 Work Email chasemayer85@yahoo.com Fax 1. Education Background What schools have you attended? Southern Oregon University What degrees do you hold? Pursuing a B.S. in Economics What additional training or education have you had that would apply to this position? Honestly I can't say I've had specific education /training in local government affairs, but I'm highly interested in learning more. 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? I've interned at Intel from Dec. 2013-Sept.2014. I have experience working with excel, programming, doing data analysis and independent research. I've also recently joined the student fee committee at SOU, a committee that is responsible for allocating a $3mm budget to student groups on campus. Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? Yes. I'd be interested in learning more about budget strategy and modeling. R~~ 3. Interests Why are you applying for this position? Interested in government and public service. I'd like to gain experience in decision making roles, and to contribute to the community in tandem. 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? Yes, but it depends on the time and day. I prefer evening meetings. 5. Additional Information How long have you lived in this community? 2 months, but I will be here for 3 years. Please use the space below to summarize any additional qualifications you have for this position I'm a student in the Honors College at Southern Oregon University. I'm capable of independent research. I've been involved with grassroots efforts on measures concerning city planning in the past. I've qualified as an AP Scholar in 2013, 2014. As a student, I would be able to help represent the interest of SOU students. 11/12/14 C. Mayer Date Signature kr, CITY OF ASHLAND Council Communication December 2, 2014, Business Meeting Solid Waste Franchise Rates & Fees Update Resolutions FROM: Adam Hanks, Management Analyst, adam@ashland.or.us SUMMARY At its meeting of October 17, 2014, Council approved the recommendations of the Ad-hoc Recycle Center Committee and directed staff to implement the recommendations. The attached resolution implements the first committee recommendation to institute a rate for a recycle only sticker program similar to the existing sticker program for solid waste. Sticker programs allow customers to pre-purchase a set of stickers to use in lieu of standard monthly subscription service, which is financially advantageous to customers who generate a lesser volume of waste and these customers can occasionally skip the weekly collection and instead use a sticker when they do want their trash, and now recycling, picked up. BACKGROUND AND POLICY IMPLICATIONS: The Ad-hoc Recycle Center Committee was created in late 2013 following the October 2013 approval of an updated solid waste and recycling franchise agreement, which included a new Recycle Center surcharge to separate the fees from the solid waste collection subscription service and offset the costs associated with the annual operation of the Recycle Center. The ad-hoc committee was charged with reviewing operations of the Recycle Center, its effectiveness now and in the future and how it should be funded. Additionally, the committee was asked to examine City-wide waste reduction and recycling efforts, examine best practices and how they might assist the community in improving waste diversion and recycling. The final recommendations of the committee included the following: • Creation of a sticker program for curbside recycling • Analysis of potential additional materials to be accepted at the Recycle Center • Development of an expanded education and outreach program for the community • Exploration and review of potential post consumer food waste diversion programs for implementation in the community • Updating/Expanding the existing Opportunity to Recycle Code (AMC 9.22) Recycle Only sticker program details The implementation of a sticker program for recycling would provide another opportunity for residents and businesses to participate in curbside recycling and create a financial incentive/reward for minimizing the volume of recycled materials by using the pre-paid stickers only when the bin is Page 1 of 3 P a CITY OF -ASHLAND completely full, which could significantly reduce costs for those that are able to reduce recyclable materials volumes. This provides higher participation in Recology curbside services with only an incremental additional cost as the sticker customers already reside within an existing collection route. Sticker program revenue would offset the incremental additional costs incurred. Other Rate Adjustments As the new franchise agreement and associated new rates were put in place and implemented after the October 2013 approval, City and Recology staff noticed several small service and administrative fee omission from the approved rate sheet. Suggested corrections and additions include: • Removal of the fee for 8 yard compactor pick up service and addition of a 10-yard compactor fee. No current Recology customers have the 8 yard service and a new 10-yard compactor was recently purchased by an Ashland Recology customer. The fee for the 10-yard compactor service follows the same calculation methodology as the other size compactor service fees and is proposed at $258.59 per load collected. • Inclusion of the low income discount that is available and detailed in the Franchise Administrative Operations and Rules and matching the City of Ashland eligibility criteria for utility assistance. The historic and proposed rate for formal inclusion in the rate sheet is a 30% reduction in subscription service rate. • Inclusion of a notation of an administrative fee charged to the customer for returned payment processing (typically non sufficient funds check return) of $35 • Inclusion of a notation to formalize the existing practice of offering custom cart options for customers (typically bear proof containers) at Recology cost. No specific fee is recommended as the market costs and shipping for these products vary. COUNCIL GOALS SUPPORTED: The low-income discount supports Council goal 5.2; Support and promote, through policy, programs that make the City affordable to live in. FISCAL IMPLICATIONS: No negative fiscal implications are predicted for the City. It is anticipated that residents choosing the recycle only sticker program could slightly reduce recycling collections costs on an annualized basis. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the attached modified rate resolution adding a new recycle only sticker program and incorporating several edits and corrections as noted above. SUGGESTED MOTION: 1) 1 move to approve a resolution modifying solid waste franchise rates and fees and repealing resolution 2013-32. 2) 1 move to approve a resolution re-adopting Solid Waste Administrative Operations Standards and Rules Page 2 of 3 CITY OF -ASH LAN D ATTACHMENTS: Draft Resolution and proposed solid waste and recycling franchise rate sheet Draft Resolution to re-adopt Solid Waste Administrative Operations and Rules October 21, 2014 City Council Ad-hoc Recycle Center Committee Recommendations Packet Materials Page 3 of 3 RESOLUTION NO. 2014- A RESOLUTION MODIFYING SOLID WASTE FRANCHISE RATES AND FEES AND REPEALING RESOLUTION 2013-32 RECITALS: A. The Mayor appointed Ad-hoc Recycle Center Committee recommended the establishment of a recycle only sticker program as part of the franchise agreement between the City of Ashland and Recology Ashland Sanitary (Franchisee) B. The City Council approved the recommendation of the ad-hoc committee and determined a recycle only sticker program benefits solid waste customers and encourages increased recycling in the community. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Effective January 5, 2015, the service rates and fees shown on "Exhibit A" replace in its entirety the service rates and fees identified as Attachment B and approved in Resolution 2013-32. SECTION 2. Effective January 5, 2015, Resolution 2013-32 is repealed in its entirety including both the original service rates and fees schedule as well as the Administrative Operations and Standards Rules, to be readopted under separate resolution. This resolution was duly PASSED and ADOPTED this day of , 2014, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of , 2014. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Resolution No. 2014- Page I of 1 Exnibita Recology Ashland Sanitary Service City of Ashland Rates Residential Services Rate Commercial Cart Services Rate Commercial Bin Rates Rate 32 Gallon Cart $18.26 32 Gallon 1 x Week $18.26 1 Yard 1 x Week $99.87 64 Gallon Cart $38.11 32 Gallon 2 x Week $38.11 1 Yard 2 x Week $174.97 96 Gallon Cart $57.96 32 Gallon 3 x Week $57.96 1 Yard 3 x Week $254.11 Solid Waste Stickers (packs of 5) $42.00 32 Gallon 4 x Week $77.81 1 Yard 4 x Week $327.16 Recycle Stickers (packs of 5) $20.00 32 Gallon 5 x Week $97.66 1 Yard 5 x Week $399.19 96 Gallon Green Cart $7.00 32 Gallon 6 x Week $117.51 1 Yard 6 x Week $467.18 Additional Green Cart $2.00 64 Gallon 1 x Week $38.11 1.5 Yard 1 x Week $124.73 32 Gallon Recycle Only Cart $5.00 64 Gallon 2 x Week $77.81 1.5 Yard 2 x Week $218.21 64 Gallon Recycle Only Cart $5.00 64 Gallon 3 x Week $117.51 1.5 Yard 3 x Week $316.74 96 Gallon Recycle Only Cart $6.00 64 Gallon 4 x Week $157.21 1.5 Yard 4 x Week $407.70 Additional Recycling Cart $2.00 64 Gallon 5 x Week $196.91 1.5 Yard 5 x Week $497.39 64 Gallon 6 x Week $236.61 1.5 Yard 6 x Week $582.04 Medical Waste Services Rate 96 Gallon 1 x Week $57.96 1.5 Yard 7 x Week $714.67 1 Gallon Medical Waste $23.00 96 Gallon 2 x Week $117.51 2 Yard 1 x Week $162.78 2 Gallon Medical Waste $28.00 96 Gallon 3 x Week $177.06 2 Yard 2 x Week $284.42 6 Gallon Medical Waste N/A 96 Gallon 4 x Week $236.61 2 Yard 3 x Week $412.64 15 Gallon Medical Waste $30.00 96 Gallon 5 x Week $296.16 2 Yard 4 x Week $530.99 34 Gallon Medical Waste $55.00 96 Gallon 6 x Week $355.71 2 Yard 5 x Week $647.70 96 Gallon Green Waste Cart $7.00 2 Yard 6 x Week $757.82 Go-in (beyond R-O-W) Rate 32 Gallon Recycle Only Cart 1 x Week $5.00 2 Yard 7 x Week $930.42 Go Back Same day service $20.00 32 Gallon Recycle Only Cart 2 x Week $10.00 2 Yard Cardboard 1 x Wk $0.00 Off curb up to 40 Yards $6.00 32 Gallon Recycle Only Cart 3 x Week $15.00 2 Yard Cardboard 2 x Wk $0.00 40 yards to 1/2 mile $16.10 64 Gallon Recycle Only Cart 1 x Week $5.00 2 Yard Cardboard 3 x Wk $0.00 1/2 Mile to 1 Mile $32.20 64 Gallon Recycle Only Cart 2 x Week $10.00 Beyond 1 Mile $53.60 64 Gallon Recycle Only Cart 3 x Week $15.00 96 Gallon Recycle Only Cart 1 x Week $6.00 Compactor per Pickup Rate 96 Gallon Recycle Only Cart 2 x Week $12.00 1 Yard per Load $32.36 96 Gallon Recycle Only Cart 3 x Week $18.00 2 Yard per Load $64.72 3 Yard per Load $97.08 Debris Box per Pickup Rate 4 Yard per Load $129.44 7 Yard per Load $164.29 10 Yard per Load $258.59 10 Yard per Load $204.14 15 Yard per Load $387.89 25 Yard per Load $342.14 20 Yard per Load $479.36 40 Yard per Load $547.32 25 Yard per Load $570.85 30 Yard per Load $662.35 1) Solid waste service includes one 64 gallon recycle cart. Green waste is an independent subscription service. 2) Recycling service is a separate subscription or sticker service for solid waste sticker program customers. 3) Qualified low income customers eligible for 30% rate reduction 4) If available and agreed upon by City and Recology, custom collection carts (Bear proof, etc) will be made available to customers at cost 5) Adminstrative returned payment processing fee is $35 6) Rates above do not include Recycle Center surcharge approved by Resolution 2013-33 Recology Rate Sheet_12_2_14 - New Contract Rates 1 of 1 11/25/2014 8:00 AM RESOLUTION NO. 2014- A RESOLUTION ADOPTING SOLID WASTE ADMINISTRATIVE OPERATIONS STANDARDS AND RULES RECITALS: A. The City approved a solid waste franchise agreement with Recology Ashland Sanitary on October 4, 2013. B. On October 4, 2013, the City adopted Administrative Operations Standards and Rules to further govern the solid waste franchise agreement under Resolution 2013-32. C. On October 4, 2013, the City adopted new solid waste and recycling service rate and fees under Resolution 2013-32. D. For further administrative efficiency, the City desires to separate the adoption of solid waste service rates and fees from the Solid Waste Administrative Operations and Rules document originally adopted together in Resolution 2013-32. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Effective January 5, 2015, the Administrative Operations Standards and Rules shown in "Attachment A" are approved and effective per the City of Ashland Solid Waste and Recycling Collection Franchise. This resolution was duly PASSED and ADOPTED this day of , 2014, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 12014. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Resolution No. 2014- Page 1 of 1 CITY OF Attachment A ASHLAND City of Ashland Solid Waste Franchise Administrative Operations Standards and Rules A. ADOPTION AND REVISION OF STANDARDS AND RULES The following standards and rules are hereby established by resolution of the City Council to set and maintain service levels for the efficient operation of a solid waste management service and collection franchise within the City of Ashland. Revisions to these standards and rules shall be approved by resolution of the Council. B. ENFORCEMENT OF STANDARDS AND RULES Upon discovery of violation or lack of adherence to these Standards and Rules, the City Administrator or designee shall inform Franchisee in writing of the nature of the violation and provide reasonable time for response from Franchisee. Should both parties fail to mutually resolve the matter, the City Administrator may pursue enforcement of identified violation as a general penalty of section 8.2 of Ordinance No 2013-.50?0 C. SERVICE RATES AND FEES 1. Subject to the provisions of Section 5.10 of Ordinance No. 2013-rates in place upon the effective date of Ordinance No. 2013-30?,oas shown in exhibit A, shall remain in effect until April 1, 2014. On April 1, 2014, and on April 1 of each year thereafter, rates for all services shall increase by a percentage equal to the most recent Consumer Price Index - All Urban Consumers - All Items - Portland - Salem (CPI-U), January-to-January, as determined by the U.S. Bureau of Labor Statistics, except that in no case shall rates automatically increase by more than 5%. Should CPI-U increase by more than 5%, the Franchisee and City shal l confer in good faith to determine whether the Franchisee is entitled to receive an increase larger than 5%. Should CPI-U be 0% or less than 0%, the Franchisee shall not be entitled to any rate increase. For purposes of calculating rate increases, CPI-U percentages shall be computed to the first decimal place. 2. Subject to the provisions of Section 5.10 of Ordinance No. 2013 4m, Franchisee may request an adjustment of rates in excess of CPI-U. Such request shalt be delivered to the City Administrator no earlier than February 15 and no later than May 15 of any calendar year. In determining whether to grant such rate adjustment, the Council may consider, but is not limited to, the following factors: a. Rates charged for collection service in other cities in Oregon; b. The most recent January-to-January (CPI-U); Rules - 1 CITY OF ASHLAND c. Costs and revenues associated with providing the opportunity to recycle and the ability of a rate structure to encourage recycling; d. A minimum rate sufficient to provide a reasonable rate of return, ; e. The anticipated change in the cost of providing the service; f The need for equipment replacement and the need for additional equipment to meet service needs and to be in compliance with federal, state and local law; g. Increase in population or increase of intensive development within the service area. 3. Rates charged shall be those set as provided herein. Nonscheduled services may be provided at the reasonable cost of providing the service. 4. Franchisee shall bill and collect on a current billing basis. When Franchisee' has experienced collection problems on a particular account, other billing methods may be required. Such billing procedures will be subject to approval by the City and will be reasonable business practice. 5. Franchisee may charge a starting charge to any customer who has been previously terminated for failure to pay for service. 6. Rates shall be uniform or uniform within zones or classes of service. 7. Nothing in the above section shall prohibit City from requiring qualified senior citizen discount rates. 8. Franchisee may require the owner of rental or leased premises to accept responsibility for the payment for service to such facilities as a condition for providing such service. D. MANDATORY SERVICES Franchisees shall offer the following solid waste management and collection services, subject to the limitation under "Refusal of Service." A Franchisee that does not comply has 10 days from a date of infraction to accommodate the customer request with an equivalent level of service at or below the published rates for the requested service. 1. Residential Curbside Collection Solid Waste, monthly subscription Solid Waste, customer controlled pick-up Yard Debris Co-mingled Recycling Glass Recycling 2. Commercial Collection Rules - 2 CITY OF -ASHLAND Solid Waste Co-mingled Recycling Pre-consumer compostable materials Yard Debris Medical Waste 3. Solid Waste, Recycling and Yard Debris Drop-off Site 4. Debris Drop Box Service S. Commercial Waste Evaluation/Education E. OPTIONAL SERVICES Franchisee is permitted to offer other additional services to the public that promote and increase waste prevention, recycling and/or reduce operating expenses and contribute to the financial success of the franchise. The additional services and their associated rates and fees must be reviewed and approved by the City Council if the associated service expenses meet the definition of allowable expenses in Ordinance No 2013- F. GENERAL COLLECTION RESPONSIBILITIES 1. Solid Waste Subscription Franchisee shall offer a solid waste collection service for each customer class with a minimum frequency of one collection per week. Residential subscribers to curbside recycling and green debris services will be serviced a minimum of once every-other-week. 2. Automated Collection System Franchisee is not mandated to implement an automated collection system for any collection service offered; however, should Franchisee determine that an automated system, either in specific areas or by customer classification, increase the efficiency and cost effectiveness of the collection services program, Franchisee may submit proposals to the City Administrator or designee for review and potential inclusion as an allowed expense. 3. Collection Schedules a. Collection Days Residential service shall occur Monday through Friday, except during holiday weeks, and times of hazardous weather conditions. All collection services shall be offered on the same day(s) of the week for a given customer. Franchisee shall not provide service in residential or multifamily areas prior to 7:00 am or after 6:00 pm. Rules 3 CITY OF ASHLAND Except as otherwise limited by the terms of any City land use or development permit, there shall be no limit on the hours of collection activity for any solid waste, recycling and yard debris in predominately commercial and industrial areas. Franchisee may offer and furnish Saturday and/or Sunday collection service to commercial, multi-family and drop box customers. If weekend service is not made available, the Franchisee must provide sufficient receptacles to accommodate commercial customer needs throughout weekends. b Change of Schedule for Solid Waste/Recycling/Yard Debris Day Franchisee may periodically change a customer's designated collection day. No later than fourteen (14) days prior to the change, Franchisee shall give written notice to a customer indicating the intent to change the Customer's designated collection day and inform the customer of the new collection day. Notice must also be given to all service addresses if different than billing addresses. Each multifamily unit must be notified of the change in collection day, if each unit receives individualized can/cart service. c. Collection on Holidays No collection is required on July 4, Thanksgiving Day, December 25"' or January 1$t of each year. During weeks in which those dates fall on a Monday through Friday, pick-up shall occur on the established pick-up day, unless that day is July 4th, Thanksgiving Day, December 25th or January 1 st, in which case pick-up will occur on the following day. Each regular pick-up day for the remainder of those weeks shall thereafter shift back one day with regular Friday service allowed to occur on Saturday. d. Hazardous Weather Conditions Collection Schedules may be adjusted due to hazardous weather conditions. Hazardous weather conditions generally exist on any day in which the Ashland School District cancels classes due to weather conditions, or on portions of routes that are located on steep hills where a driving hazard may exist even though local public schools are open. When weather conditions make driving or collection hazardous, Franchisee may postpone collection, as provided below. The Franchisee shall notify the City Administrator or designee by phone or email no later than noon on the day hazardous weather conditions day exist, if collection schedules are expected to change. This information supplied shall include geographic areas affected and the anticipated make-up day or schedule. If the affected geographic area(s) or make- up schedule changes, then the Franchisee shall update the information furnished to the City as well on their phone and website systems. In the case of solid waste collection, the Franchisee shall make a reasonable effort to pick up prior to the next regular collection day. Yard debris and recyclable materials collection may be postponed until the next regular collection day. If collection is delayed more than two days, collection will be delayed to the next Rules - 4 CITY OF -ASHLAND regular collection day, with an extra container being accepted by the Franchisee. At the discretion of the Franchisee, a go-back charge may be assessed per the approved rate schedule. 4. Missed Collections a. Missed Collection for Solid Waste Customers. The Franchisee shall respond promptly to reports of missed collections. Franchisees shall collect missed materials within 24 hours (excluding weekends, and approved holidays) of receipt of a complaint from the City or the customer. The 24-hour deadline does not apply where the missed collection occurred due to late or improper setout by the customer. Each improper setout by a customer must be documented by the Franchisee and communicated to the customer. If a customer did not set out or improperly placed the container, the Franchisee shall offer the customer the following options: (1) Immediate collection of the materials for the City approved Go-back Rate. (2) Collection of the material at no extra charge the following week on the designated collection day. b. Hazardous Weather Missed Collections. Collections that are missed due to hazardous weather conditions, where postponements have been reported to the City as required in this ordinance, are not considered "missed collections." 5. Point of Collection a. Point of Collection: Single Family Dwelling For single-family dwellings, the Franchisee may require that the collection of solid waste, recyclables and yard debris be placed at the curb or roadside in such a fashion so as to enhance efficiency of the collection system and may assess an extra fee, as established in the approved rate structure, ifa customer fails to present the roll cart at a location reasonably serviceable by the collection truck. Disabled customers shall not be charged an extra fee and the franchisee must arrange for a mutually convenient system for refuse, yard debris and recycling collection. b. Point of Collection: Disabled Customers Disabled customers will be provided non-Curbside collection of all materials. The customer and the Franchisee must mutually agree upon a setout location. In most cases, the preferred location will be visible from the street. If not, the customer must provide the Franchisee with a signal that is visible from the street that there are materials to be collected. c. Collection on a private street Rules - 5 CITY OF -ASH LAN D For collection to be made at Curbside on a private street or flag drive serving multiple residences, the street must meet the following standards: access may not be limited by a gate; it must be named and posted with a street sign, it must be paved to a width of at least 12 feet, exclusive of any areas where parking is permitted, and if dead-end, the turnaround must have a 60 foot diameter or a "hammerhead" or other feature which provides adequate turnaround space for standard collection vehicles. There must be at least 14 feet of vertical clearance. On such private streets, customers entitled to Curbside service must have their address on the private street. Franchisee may require a damage waiver from customers being serviced on a private street, if in the opinion of the Franchisee there is a reasonable probability that property damage could occur through no fault of the Franchisee engaged in the normal course of providing service. If these criteria are not met, customers must bring their materials to the intersection of the private street and the closest public street. Containers must be marked with the appropriate customer address. d. Collection from Public Allevs Collection from public alleys is encouraged, but is at the discretion of the Franchisee. e. Collection from In-Ground Cans Collection from in-ground cans is prohibited. f. Location of Empty Cans/Carts/Containers/Bins The Franchisee shall return all cans, carts, and bins to the location where the customer places them without leaving collection remnants or disturbance to existing site conditions. 6. Ownership of Collected Materials. All conforming materials properly placed or deposited in a receptacle provided by the Franchisee or left in place by the customer for collection by the Franchisee shall become the property of the Franchisee. It shall be unlawful for any person other than Franchisee to remove any material from such receptacles, though this prohibition does not apply to bona fide law enforcement activity. Any person removing such materials in violation of this section shall be subject to the penalties set out in AMC 1.08. Ownership shall not transfer to the Franchisee until the Franchisee takes physical possession of the collected materials. 7. Improperly Placed, Improperly Prepared or Overweight Materials. The Franchisee is not required to collect materials that are non-conforming, not properly planed, prepared or are overweight, as defined in the Customer, Responsibility Section. The Franchisee is required to provide written notice to the customer of the reason for non-collection. The date, service address and Franchisee contact information shall be provided on the notice. The Franchisee shall retain a copy of the notice and any needed support documentation. In the event Franchisee unknowingly collects non-conforming materials, ownership of Rules - 6 CITY OF -ASHLAND such materials including any mixture of such materials with non-conforming materials shall not transfer to Franchisee. If a customer deposits non-conforming materials, fails to set out or improperly prepares or places the container, the Franchisee shall offer the following options: (1) Immediate collection of the conforming materials at a City-approved rate. (2) Collection of the conforming material as one free extra the following week on the designated collection day. 8. Clean Up on Route The Franchisee shall make a reasonable effort to pick up all material blown or littered during the course of collection subsequent to being set out by the customer and prior to pickup, unless the problem is a recurring one. If material is blown or littered prior to pick-up at a particular customer's address on a recurring basis, the Franchisee may leave the blown or littered material at the Point of Collection with a notice describing the problem. The date, and address shall be specified on the notice. In the case of a commercial customer, the Franchisee may charge a clean-up or extra yardage charge, and collect the material if a notice had been given to that customer within the previous six months G. RESIDENTIAL COLLECTION STANDARDS The following Residential Collection Standards are specific to residential collection, and are in addition to the general collection standards outlined in the previous section. 1. Residential Containers Franchisee shall provide roll carts to all residential regular service customers. The carts should be designed for safe handling and shall be non-absorbent, watertight, vector-resistant, durable, easy to clean, and provided with lids or covers that can be readily removed or opened. Roll carts shall be clearly identified by displaying the Franchisee identification prominently and conspicuously on the container. Roll carts must be clean when delivered to the customer. 2. Roll Cart Deposit Franchisee may not charge a deposit for roll carts for any level of service, except as provided in Special Billing for Credit Risks 3. Replacement of Lost/Stolen Roll Cart Franchisees may charge customers for lost, stolen, or damaged carts at 100% of the bulk purchase price of a new roll cart most recently paid by the Franchisee. The Franchisee is responsible for replacement of carts damaged in the course of normal wear and tear. 4. Damage to Customer Cans Rules - 7 CITY OF -ASHLAND Franchisees are not responsible for normal wear and tear on reusable cans and lids provided by customers. Damage caused by Franchisee negligence to cans and lids shall be reimbursed to the customer and a roll cart issued. The age and previous condition of the customer's equipment shall be considered. If a customer has already been provided a roll cart by the Franchisee, personal customer cans may only be used when a customer needs to set out materials as an "extra" service. 5. Residential Recycling Collection Standards The following Residential Recycling Collection Standards are specific to residential collection, and are in addition to the general collection standards outlined in a previous section. a. Co-mingled Recycling Materials Franchisees shall provide year-round co-mingled recycling collection service. Service shall be provided on the same collection day as solid waste collection and yard debris collection, but may not have the same frequency as a customer's subscription to solid waste collection service. b. Source-Separated Materials The Franchisee shall also collect the following source separated recyclable materials set out for collection, so long as the materials are properly prepared, separated from solid waste, co-mingled recycling and yard debris, and placed at the appropriate point of collection: 1) Approved glass materials 2) Used motor oil (contained as approved by Franchisee) c. Opportunity to Recycle The Franchisee shall create and maintain a communications, education and outreach plan consistent with the Customer Services Standards section of this document ensuring public awareness of the opportunity to recycle including recycling information, clear instructions on preparation of recyclables for curbside collection, how the materials are being recycled and a telephone number/website for information regarding recycling collection service. d. Residential Recycling Containers The Franchisee shall provide a co-mingled roll cart and glass recycling bin to the customer within seven business days after a customer initiates service if not transferred between customers. Roll carts shall be labeled to identify approved recycling materials. The City Administrator or designee shall have the opportunity to review approve the..type and style of all bins. Stich approval shall not be unreasonably withheld if Franchisee- proposed roll cart is of a conventional design and manufacture currently in predominant use on the West Coast of the United States. e. Deposit for Bins/Lost or Stolen Bins Rules - 8 CITY OF ASHLAND Franchisees may not charge a deposit for the recycling roll cart or bin, but may charge customers an approved replacement fee for lost or stolen bins. 6. Transportation and Marketing of Recyclable Materials The Franchisee is responsible for transporting and marketing source-separated materials for recycling by ensuring that all collected recyclables are delivered to a processor or broker of recyclable materials or to an end-use market. The Franchisee shall be prohibited from delivering or causing to be delivered any collected recyclable material for disposal, except by prior approval of the City Administrator or designee. Franchisee's placement of properly prepared recyclables into any container currently being used to contain Solid Waste, including the compartment of a collection vehicle currently being used for solid waste, shall constitute a failure to comply with this standard. 7. Residential Yard Debris Collection Standards The following Residential Yard Debris Collection Standards are specific to residential collection, and are in addition to the general collection standards outlined in a previous section. a. Yard Debris Collection Schedule Franchisees shall provide year-round yard debris collection service at the same frequency as a customer's subscription to co-mingled recycling collection service. Service shall be provided on the same collection day as recycling and solid waste collection. b. Yard Debris Containers Franchisees shall collect all properly prepared yard debris in a Franchisee- provided roll cart. Yard debris must comply with the material and preparation standards outlined in the definition of Yard Debris. 1) All customers receiving weekly solid waste collection service shall receive a yard debris cart upon request. This yard debris cart will be provided by the Franchisee at no additional charge. Collection of yard debris will be subject to the charges shown on the current approved rate schedule. 2) Franchisees may not charge a deposit for roll carts for any level of service, except as provided in Special Billing for Credit Risks. 3) Franchisees may charge customers for lost, stolen, or damaged carts at 100% of the bulk purchase price of a new roll cart most recently paid by the Franchisee. The Franchisee is responsible for replacement of carts damaged in the course of normal wear and tear. 9. Transportation and Marketing of Yard Debris Rules - 9 CITY OF ASHLAND The Franchisee shall transport and market source-separated yard debris for recycling by ensuring that all yard debris is delivered to a City-approved yard debris processor. The Franchisee shall not deliver or cause to be delivered any collected yard debris material for disposal, except by prior approval of the City Administrator or designee. A Franchisee's placement of source separated yard debris into any container currently being used to contain solid waste, including the compartment of a collection vehicle currently being used to contain solid waste, shall constitute a failure to comply with this standard. 10. Improperly Prepared Solid Waste When the Franchisee encounters improperly prepared garbage, such as garbage which contains hazardous or otherwise unacceptable waste, material which is too tightly packed to fall from the cart, or unbagged animal waste or kitty litter, the Franchisee shall collect only properly prepared garbage, if feasible, and leave the improperly prepared material. The Franchisee is not required to segregate or sort out the materials and has the right to reject any material for collection if the material contains or is suspected of containing non-conforming material. The Franchisee is required to provide written notice to the customer of the reason for non-collection. The date, service address and Franchisee contact information shall be provided on the notice. The Franchisee shall retain a copy of the notice and any needed support documentation. 11. Improperly Prepared Recyclable Materials a. Collect Only Properly Prepared Materials A Franchisee shall collect only properly prepared recyclable material placed at Curbside, and shall leave at curbside the improperly prepared material or materials. b. Customer Notification When a Franchisee encounters improperly prepared recyclable materials, Franchisee is required to provide written notice to the customer of the reason for non-collection. The date, service address and Franchisee contact information shall be provided on the notice. The Franchisee shall retain a copy of the notice and any needed support documentation. c. Disposal of Improperly Prepared Recyclable Materials at Customer Request Except at the request of the Customer, the Franchisee shall not mix with Solid Waste any materials placed out as recycling in or next to the recycling bin. If recyclable materials are mixed with solid waste at the customer's direction, then the material may be charged as extra solid waste. 12. Improperly Prepared Yard Debris a. Customer Notification Rules - 10 CITY OF ASHLAND The Franchisee is required to provide written notice to the customer of the reason for non-collection. The date, service address and Franchisee contact information shall be provided on the notice. The Franchisee shall retain a copy of the notice and any needed support documentation. b. Disposal of Improperly Prepared Yard Debris at Customer Request Except at the request of the Customer, the Franchisee shall not mix with Solid Waste any source-separated Yard Debris that was improperly prepared. If the Yard Debris is mixed with Solid Waste at the Customer's direction, then it may be charged as extra solid waste if the volume causes the Customer's next solid waste pick up to exceed the Customer's existing level of service. H. OTHER RESIDENTIAL COLLECTION ACTIVITIES 1. Bulky Wastes Franchisees shall provide for the collection of White Goods or Bulky Wastes within seven business days of a customer's request. Rates shall not exceed the maximum rates set by the Council. 2. Neighborhood Cleanups Upon request by the City Administrator or designee, Franchisee shall participate in official neighborhood/community cleanup events once per year. The City Administrator or designee, in consultation with the Franchisee, will specify materials required to be collected at such events. Collection method (e.g. drop box or door-to-door collection) will be mutually agreed upon between the City and the Franchisee. Expenses incurred in the course of conducting cleanup activities are allowable costs for rate review. 1. COMMERCIAL COLLECTION STANDARDS The following Commercial Collection Standards are specific to commercial collection, and are in addition to the general collection standards outlined in the previous section. 1. Waste Evaluation When a commercial or multi-family customer initiates service, the Franchisee shall offer to perform an assessment of the customer's needs to assist the customer in choosing an optimal combination of solid waste disposal and recycling programs. The assessment should involve questions about the business size, and specific queries to identify waste prevention and recycling opportunities. The results of the assessment should be reflected in the services selected. Assessments shall be maintained at least three years, and updated at the request of the customer at least every three years. Franchisee shall offer solid waste needs Rules - 11 CITY OF -AS H LAN D assessments to all commercial customers via bill stuffers, advertisements, and Franchisee website a minimum of four (4) times per calendar year. 2. Commercial Containers a. The Franchisee is required to provide roll carts or containers to all commercial customers. When a customer initiates service, the Franchisee shall provide containers to a customer no later than five business days from the time of the customer request. Receptacles shall be designed for safe handling and shall be durable, easy to clean, and be provided with connected lids or covers that can be readily opened. Receptacles shall be clearly identified by displaying the Franchisee name, telephone number and logo prominently and conspicuously on the container. Any additional information, graphics or signage shall be reviewed and approved by the City Administrator or designee. Receptacles must be clean when delivered to the customer. b. Franchisees may not charge a deposit for carts and containers, except as provided in Special Billing for Credit Risks. c. Franchisees may charge customers for lost, stolen, or damaged receptacles at 100% of the bulk purchase price of a new receptacle most recently paid by the Franchisee. The Franchisee is responsible for replacement of receptacles damaged in the course of normal wear and tear. 3. Scheduling The Franchisee and the customer should mutually agree on the collection day(s) and frequency of collection that meets the customer's needs and work into the Franchisee's established routing. 4. Access Containers shall be placed in a readily accessible location on ahard, level surface extending to the street. An enclosure must be unlocked at the time of collection. The driver should not have to push containers more than 25 feet in order to attach them to the collection vehicle for dumping. The Franchisee may cumulatively add City-approved extra distance, gate, or access charges for difficult to reach receptacles. 5. Commercial Recycling Collection Standards The following Commercial Recycling Collection Standards are specific to commercial collection, and are in addition to the general collection standards outlined in a previous section. a. Commercial Recycling Containers The Franchisee shall deliver appropriate recycling receptacles to the customer within five business days after a customer initiates service. The Rules - 12 CITY OF -ASH LAN D solid waste container rates include a recycling component, and recycling service is therefore provided to the customer at no additional charge. b. Commercial Waste Evaluation The waste evaluation may involve the provision of waste paper collection boxes/bins, roll carts, caged containers, or other standardized receptacles in order to optimize separation of materials for recycling. The Franchisee is required to provide adequate training to assist the customer in making best use of the recycling collection system. The evaluation may also include information regarding affiliates or sub-contractors that provide specific waste reduction or recycling services. 6. Transportation and Marketing of Recyclable Materials The Franchisee shall transport and market source-separated materials for recycling by ensuring that all collected recyclables are delivered to a processor or broker of recyclable materials or to an end-use market. The Franchisee shall not deliver or cause to be delivered any collected source-separated recyclable material for disposal, except by prior approval of the City Administrator or designee. A Franchisee's placement of properly prepared recyclables into any container then containing Solid Waste, including the compartment of a collection vehicle currently being used to contain solid waste, shall be a failure to comply with this standard. J. MULTIFAMILY SOLID WASTE COLLECTION STANDARDS The following Multifamily Collection Standards are specific to multifamily collection, and are in addition to the general collection standards outlined in the previous section. 1. Waste Evaluation When a customer initiates service, the Franchisee shall offer to perform an assessment of the customer's needs, and assist the customer in choosing an optimal combination of solid waste disposal and recycling programs. The assessment should involve questions about the size of the complex, and specific queries to identify the best location for recycling collection sites or depots. The results of the assessment should be reflected in the services selected. Assessments shall be maintained at least three years, and updated at the request of the customer at least every three years. Franchisee shall offer solid waste needs assessments to all commercial customers via bill stuffers, advertisements, and Franchisee website a minimum of four (4) times per calendar year. 2. Multifamily Solid Waste Containers a. The Franchisee is required to provide roll carts or containers to all multifamily customers. When a customer initiates service, the Franchisee Rules - 13 CITY OF ASHLAND shall provide containers to a customer no later than five business days from the time of the customer request. Receptacles should be designed for safe handling and shall be durable, easy to clean, and provided with connected lids or covers that can be readily opened. Receptacles shall be clearly identified by displaying the Franchisee name and telephone number prominently and conspicuously on the container. Receptacles must be clean when delivered to the customer. b. Franchisee may not charge a deposit for carts and containers, except as provided in Special Billing for Credit Risks. c. Franchisees may charge customers for lost, stolen, or damaged receptacles at 100% of the bulk purchase price of a new receptacle most recently paid by the Franchisee. The Franchisee is responsible for replacement of receptacles damaged in the course of normal wear and tear. 3. Scheduling The Franchisee and the customer should mutually agree on the collection day(s) and frequency of collection that meet the customer's needs and work into the Franchisee's established routing. 4. Access Container rates assume that containers are located in a readily accessible location or enclosure that is unlocked. The driver should not have to push containers more than 25 feet in order to attach them to the collection vehicle for dumping. The Franchisee may cumulatively add City-approved extra distance, gate, or access charges for difficult to reach receptacles. 5. Multifamily Recycling Collection Standards The following Multifamily Recycling Collection Standards are specific to multifamily collection, and are in addition to the general collection standards outlined in a previous section. a. Multifamily Recycling Containers. The Franchisee shall deliver appropriate recycling receptacles to the customer within five business days after a customer initiates service. The solid waste container rates include a recycling component, and recycling service is therefore provided to the customer at no additional charge. b. Waste Evaluation. The Waste Evaluation may involve the provision of collection boxes/bins, co-mingled roll carts, caged containers, drop boxes, or other standardized receptacles in order to optimize separation of materials for recycling. The Franchisee is required to provide adequate training to assist the customer in making best use of the recycling collection system. Rules - 14 CITY OF -AS H LAN D 6. Transportation and Marketing of Recyclable Materials The Franchisee shall transport and market co-mingled and/or source-separated materials for recycling by ensuring that all collected recyclables are delivered to a processor or broker of recyclable materials or to an end-use market. The Franchisee shall not deliver or cause to be delivered any collected co-mingled or source-separated recyclable material for disposal, except by prior approval by the City Administrator or designee. A Franchisee's placement of properly prepared recyclables into any container other than containing Solid Waste, including the compartment of a collection vehicle currently being used to contain solid waste, shall be a failure to comply with this standard. 7. Collection of Approved Source-Separated Recyclable Material The Franchisee shall collect the following materials set out for collection at multifamily complexes, so long as the materials are properly prepared, separated from solid waste and yard debris, and placed at the appropriate point of collection: 1) Approved glass recycling K. SYSTEM AND EQUIPMENT STANDARDS 1. Vehicle Condition and Maintenance All collection equipment must be maintained and operated in compliance with all local and state statutes, ordinances, and regulations including compliance with regulations related to the safety of the collection personnel and the public. 2. Prevention of Leaking and Spilling Loads. All vehicles shall be constructed, loaded, operated and maintained in a manner to reduce, to the greatest extent practicable, the dropping of, leaking, blowing, sifting or escaping of Solid Wastes, Recyclable Materials, liquids, vehicle fluids, or lubricants from the vehicle, except the normal leakage of fluids typically associated with properly maintained vehicles. Leaks due to equipment failure shall be immediately contained and remedied as soon as practicable. 3. Vehicle Inventory The Franchisee shall provide the City Administrator or designee with an inventory of vehicles used within the City. The list shall include vehicle ODOT and Oregon license plate numbers. 4. Vehicle Covers All open-body collection vehicles shall have a cover, which may be either an integral part of the vehicle or a separate cover. These covers shall be used while in transit, except during the transportation of Bulky Wastes. 5. Vehicle Identification All collection vehicles shall bear a unique identifying number, and shall clearly display company identification and contact information prominently and conspicuously on both sides of the vehicle. Any additional information, graphic or Rules - 15 CITY OF ASHLAND signage must be reviewed and approved by the City Administrator or designee prior to installation and use. Before a new or used vehicle is put into service the vehicle must include all required identifications. All vehicles shall have current, valid registration with the State of Oregon and all drivers shall possess a current, valid commercial driver's license if required for the vehicle type. 6. Compliance with Law The Franchisee shall comply with all applicable federal, state, and local laws and regulations relating to driving, transportation, and Solid Waste and Recyclable Material collection and disposal. 7. Processing and Storage Yards Any processing and storage of collected materials shall be undertaken in a location suitable and adequate for such activity. Processing and storage facilities shall comply with all applicable zoning ordinances and any other applicable local and state statues, ordinances and regulations. 8. Facilities for Storage, Maintenance and Parking Facilities for storage, maintenance, and parking of any collection vehicles, receptacles, or other equipment shall comply with all applicable zoning ordinances and any other applicable local and state statues, ordinances and regulations. 9. Compactors Stationary compactors for handling Solid Waste shall comply with applicable federal, state and local safety regulations. No such compactor shall be loaded so as to exceed the safe loading design or operation limits of the collection vehicles used by the Franchisee. Compactors shall comply with all local, state and federal weight regulations or standards. A person who wishes services for a compactor should, prior to acquisition of such compactor, inquire of the Franchisee as to compatibility with the Franchisee's equipment or equipment that the Franchisee is willing to acquire. In the event a weight violation occurs, all costs associated with such violation shall be the individual responsibility of both the generator and the owner of the compactor. The generator shall be responsible for insuring compatibility with the Franchisee's equipment and all cost of retrofitting any collection equipment shall be the responsibility of the owner of the compactor. L. INFECTIOUS AND NON-CONFORMING WASTE 1. The Franchisee shall provide for collection of medical and infectious waste either through its own forces or by subcontract with a qualified disposal firm for this service. In either case, the Franchisees and their subcontractors shall conform to all rules and laws including, but not limited to, those of the State of Oregon Rules - 16 CITY OF ASHLAND applying to the collection, transportation, storage, treatment, and disposal of medical and infectious wastes. 2. The Franchisee is not required to collect non-conforming wastes from customers. Non-conforming wastes includes regulated hazardous wastes and other hazardous substances that Franchisee is not aurthorized to accept for disposal or recycling. If a Franchisee identifies a non-conforming waste that the customer has placed for collection with solid waste, recyclable materials, or yard debris collection, the Franchisee shall leave the material along with a notice indicating the presence of the non-conforming material. The Franchisee shall retain a copy of the notice and appropriate supporting documentation. 3. When the Franchisee refuses to pickup due to the presence of a non-conforming waste, the Franchisee shall offer the following options once the non-conforming waste is removed completely from the Solid Waste, Recyclable Materials and/or Yard Debris: 1) Immediate collection of the Solid Waste, Recyclable and/or Yard Debris for the City-approved Go-back Rate. 2) Collection of the Solid Waste, Recyclable and/or Yard Debris at the discretion of the Franchisee, this collection shall be subject to an extra fee, per the then current approved rate schedule. M. CUSTOMER SERVICE STANDARDS 1. Office Requirements Franchisees shall have office staff or an answering machine or service available to accept Customer calls and complaints at all times. Phone lines must be dedicated customer service phone lines with the Franchisee's business name listed as a business in the telephone directory. 2. Resolution of Customer Complaints and Inquiries a. Response Time Franchisee shall respond to customer inquiries or complaints within 48 hours, not including weekends or holidays. b. Complaint Log Franchisee shall maintain a record of all complaints made to Franchisee regarding service. This record or complaint log shall include at a minimum the following information: the name, address, and phone number of the complainant, if known; the date of receipt of the complaint; the subject matter of the complaint, the disposition of the complaint; the date of disposition of the complaint, the date and method of notification to the complainant of the disposition. The records of complaints shall be available to the City Administrator or designee for inspection at any time during normal business hours. A copy of the complaint log for the calendar quarter shall be submitted to the City with the franchise payment Rules - 17 CITY OF -ASHLAND for that calendar quarter. Complaint records shall be maintained on the Franchisee's premises for two years. 3. Franchisee Demeanor The Franchisee and its employees shall always be courteous in its interactions with customers, and shall not use foul or abusive language. In evaluating complaints regarding discourteous behavior, the City Administrator or designee shall base his or her decision on whether or not a reasonable person would find the actions or response of the Franchisee to violate community standards for courtesy. 4. Billing Standards a. Billing Period Except in cases of customers that qualify as credit risks, Franchisees shall bill customers not more than ninety (90) days in advance of the end of the service period or sixty days in arrears of the beginning of the service period. Payments shall not be due more than 31 days before the end of the service period being billed, nor less than fourteen days after the date of the postmark of the billing. b. Billing Contents Billings shall contain the following minimum elements: service address, coverage of dates being billed, and the billing rate for each of the customer's services and level of service. The bill will also contain an aggregated total of all additional charges during a period. c. New Customers or Customers to Whom Service Has Been Suspended New customers that do not meet the credit guidelines submitted by the Franchisee and approved by the City, and customers who require suspension of service for non-payment of account three or more times within a calendar year may be considered credit risks. The Franchisee is responsible to select a credit policy that complies with all laws, and to apply the policy uniformly throughout its customer base. d. Credit Risk Customers Franchisees may handle credit risk customers in one of two ways: Advance Billing: Franchisees may require credit risks to pre-pay up to three months in advance of service, and continue to perform service for prepaid service up to one year. After one year of prompt payment, the customer must be reclassified to regular status. Deposit: A Franchisee may charge a deposit of three month's revenue. The deposit must be returned to the customer after twelve months of consistent prompt payment. e. Late Fees/Service Charges Rules - 18 CITY OF ASHLAND Franchisees may assess late fees and service charges, including interest and other charges related to the cost of collecting overdue payments on accounts not paid by their due dates. Such charges shall be reasonable and approved by the City Administrator or designee in advance. Charges may not be imposed earlier than ten days before the end of the service period being billed, or ten days after the due date, whichever is later. 5. Refusal of Service Franchisees may refuse collection service to any customer if the customer has not paid a bill unless the customer has initiated a formal dispute within thirty (30) days of the billing due date. Franchisee may also refuse collection service to any customer if the customer has repeatedly attempted to dispose of non-conforming wastes. In no event, however, shall a Franchisee suspend service without first notifying the customer in writing not less than seven business days prior to the date of intended suspension of service. The Franchisee may assess and receive City-approved re-start and collection fees from the customer prior to resuming service. 6. Responsibilities for Customer Education/Promotion The Franchisee shall assist in the development and participate in promotion and education efforts as outlined below. 7. New Customer Information Franchisees shall provide each new customer with information that is reasonable to permit the customer to make a reasoned choice of service. Franchisees shall actively assist the customer in making the final selection. Within seven business days of a customer's initial call, a Franchisee shall offer the customer printed material describing the levels of service and rates and/or refer the customer to the Franchisee website for complete service information. 8. Distribution of City-provided Inform ationa I/Educational Materials Franchisees shall coordinate with the City Administrator or designee for the distribution of City-provided information and education notices to all customers including customers whose service is provided monthly, on-call and to residents of rental property. 9. Notice of Change in Schedule Franchisee shall provide notice of changes in regular collection schedules or any other pertinent information with a minimum notice of fourteen (14) business days. Notice shall be in the form of written material sent via regular first class postal service or via email notification if applicable. 10. Coordination with City Franchisee shall notify the City when considering Franchise-wide promotional or educational activities, and provide the City Administrator or designee with Rules - 19 CITY OF -AS H LA N D advance copies of materials for review and approval prior to distribution to customers. N. CUSTOMER RESPONSIBILITIES 1. General Customer Requirements a. All residential, multi-family and commercial properties in the city shall provide for collection of solid waste, recyclable materials and yard debris in accordance with Ordinance No 2013- b. Except as otherwise provided by a written agreement between the landlord and tenant, the owner of any residential or multi-family dwelling complex who resides, rents, leases or lets dwelling units for human habitation shall: (1) Subscribe to and pay for collection service with the Franchisee on behalf of his/her tenants or, if the dwelling complex contains four or fewer units, self-haul solid waste to an approved disposal facility; (2) Provide a sufficient number of receptacles of adequate size to prevent the overflow of solid waste, recyclable materials and yard debris from occurring. Receptacles shall be placed in a location accessible to all dwelling units; (3) Provide for sufficiently frequent, but at least weekly, collection of solid waste and recyclable materials, except for compactors, which shall be collected at least every fourteen (14) days; and (4) If the dwelling complex has four or fewer units and the owner is self-hauling solid waste, provide for the same level and frequency of collection of recyclable materials and yard debris as are required of Franchisee serving residential customers 2. Residential Placement of Receptacles and Materials Residential customers are required to place materials for collection at the appropriate point of collection as described in the Residential Collection Standards section. Customers should place receptacles so that they do not block sidewalks, driveways, public streets, or other rights of way. Residential receptacles must be placed prior to 7:00 am on their collection days. Customers in areas where Franchisee have automated collection shall be expected to make reasonable accommodations to place carts and park cars so as to reduce interference with automated collection equipment. It is the Franchisee's responsibility to educate customers about the necessary accommodations. Receptacles must be•removed from the curb and into the customer's yard area within 24 hours from the time of collection. 3. Commercial Set Out Location Commercial and multifamily customers shall set solid waste, recyclable materials, and yard debris receptacles at a location that is readily accessible and safe to Rules - 20 CITY OF -ASHLAND empty or load, that does not require a Franchisee to go up and down stairs, and that is agreed upon by the Franchisee and the customer. 4. Recycling to Set Out in Recycling Bins Recyclable materials shall be placed in co-mingle roll carts or recycle bins/containers that clearly segregate them from Solid Waste or other materials the customer does not want to discard. 5. Secure Lightweight Materials Lightweight materials such as ashes, Styrofoam "peanuts", kitty litter, and sawdust shall be placed in a tied or sealed bag or box and placed securely within a closed container to minimize dispersion prior to and during placement into the collection vehicle or container. Failure to comply is a violation of Ashland Municipal Code 9.08 and subject to penalties described therein. 6. Contents of Carts/Containers Must Fall Freely Contents of Solid Waste or Yard Debris carts/containers must fall freely. The Franchisee shal I not be responsible for digging the contents out of a cart or container. 7. Weight Limits Contents of receptacles must fall freely. Franchisees are not responsible for digging the contents out of receptacles. The following table describes approved weight limits: Size/Type Maximum Weight (Including Container) U to and including 32 gallon carts 65lbs. Franchisee-provided carts over 32, up to 100lbs. and Including 64 gallons Franchisee-provided carts over 64, up to 145 lbs. and including 96 gallons Containers equal to or greater than I cubic 250 lbs. Per cubic yard and and less than 10 cubic yards Containers greater than 10 cubic yards Weights subject to Franchisee Truck Capacity Compacted Containers 500 tbs. Per cubic and 8. Responsibility to Separate Overweight or Overfilled Contents When containers are overweight or overfilled, it is the customer's responsibility to separate wastes into additional receptacles or bags so that weight limits are observed and container is not overfilled. The additional receptacles or bags are subject to extra charges as applicable. 9. Preparation of Recyclable Materials Rules - 21 CITY OF ASHLAND Customers shall prepare recyclables in accordance with City-approved instructions provided and published by the Franchisee. 10. Preparation of Yard Debris The customer shall place yard debris in provided roll carts. 11. Infectious Waste Setout Infectious wastes, including hypodermic needles, must be placed in appropriately marked containers. Customers shall not place these items into roll carts or containers for collection of Solid Waste, Recyclables or Yard Debris. Customers must contact the Franchisee to determine proper disposal options. 12. Non-Conforming Waste Customers shall take appropriate actions to ensure that non-conforming waste including hazardous wastes, chemicals, paints, corrosive materials and hot ashes are not put into a receptacle for solid waste collection. 13. Unacceptable Waste The customer shall not place unacceptable materials in solid waste receptacles. Unacceptable materials include: oils, fats, and other liquids generated by commercial entities, semi-solid wastes, hazardous wastes, and flammable materials. The customer should contact their Franchisee for information on proper disposal. 14. Payment Responsibility Customers must pay their invoices within the due dates specified by the Franchisee, as long as the Franchisee has submitted a collection plan with the City and has received the City's approval of the plan. Customers who do not pay the amount due within terms are subject to stopped service and collection actions. 15. Notification of Missed Collection or Billing Errors Customers are responsible for prompt notification of the Franchisee when problems arise such as apparent missed collections or billing errors. Customers must notify the Franchisee regarding obvious billing errors, such as improperly charged extras, within 60 days of receipt of an original invoice in order to receive credit. Customers may not deduct from payment for past missed pickups. 16. Vacation Credit The customer is responsible for requesting a vacation credit from the Franchisee. Vacation credits are available only for periods of at least two weeks, and must be requested at least 48 hours in advance of the first pickup that is srrheduled during the vacation period. 0. REPORTING TO THE CITY 1. Equipment and Depreciation Rules - 22 CITY OF -ASHLAND Franchisee shall describe the methodology use to set the standard economic lives of equipment based upon industry input and prevailing practices and provide such reporting to the City Administrator or designee for review and approval with methodology. 2. Annual Reports The Annual Report will ask Franchisees to detail Revenues and Expenses {allowable and unallowable}, in an income statement format, and provide a variety of information about customer counts, cost allocation, customer classifications, service levels, disposal volumes, and recycling activities. The majority of expenses incurred by a collection company can be associated with one of the following key allocation bases: a. Truck Hours-The number of hours that collection vehicles are operated within an area throughout the year. b. Labor Hours-The number of paid hours for collection personnel. c. Customer Count-The number of customers within each customer classification at each Service level. d. Disposal Volume-The number of yards or tons collected within an area or by customer classification e. Revenue-The amount of revenues generated within an area, service, program or customer classification. 3. Quarterly Studies Franchisees may be required to conduct semi-annual studies of each route for two weeks to determine relative truck, labor, and disposal amounts or ratios to be used in allocating expenses to the Franchisees' various operating areas. Franchisee must make these studies or ongoing allocation programs available for inspection by the City per the Access For inspection provision of this ordinance. Franchisees will use the key allocation information to allocate shared allowable expenses. The City will determine the revenue and expense detail items and the associated allocation bases to be used for allocation of each item. 4. Cost Allocation of Operations In addition to the results of operations within the City of Ashland, Franchisee shall report totals for all operations that share significant operational, management, and administrative expenses with the Ashland Franchise. Resources allocated from regional or corporate offices or affiliates shall be distributed to appropriate expense line items, and shall also be disclosed in a schedule describing total allocations and their distribution to individual expense line items. All allocations from Affiliated Companies must be described and must be equal to or less than the fair market value of similar goods and services purchased from a third party. 5. Program Meetings Rules - 23 CITY OF ASHLAND As scheduled by the City Administrator, Franchisee shall attend program status meetings. The City will provide reasonable advance notice of required meetings by facsimile, email, or mailed notices. Rules - 24 CITY OF ASHLAND Council Communication October 21, 2014, Business Meeting Ad-Hoc Recycle Center Committee Recommendations for the Recycle Center, Waste Reduction and Recycling FROM: Adam Hanks, Management Analyst, adam.hanks@ashland.or.us SUMMARY The Ad Hoc Recycle Center Committee has developed a final set of recommendations for the Council's consideration and request Council direct staff to begin implementation. These recommendations include: • Creation of a sticker program for curbside recycling • Analysis of potential additional materials to be accepted at the Recycle Center • Development of an expanded education and outreach program for the community • Exploration and review of potential post consumer food waste diversion programs for implementation in the community • Updating/Expansion of the existing Opportunity to Recycle Code (AMC 9.22) Additionally, the Committee had substantial discussion and deliberation on two other significant issues; the removal of comingle recycling options from the Recycle Center and changing the methodology of the current monthly Recycle Center surcharge on Recology customer billings. In both cases, the Committee chose not to recommend changes to the current status. BACKGROUND AND POLICY IMPLICATIONS: The Ad-Hoc Recycle Center Committee was created and appointed at the request of the Mayor and Council following the October 2013 approval of an updated solid waste and recycling franchise agreement and corresponding rate increase that included a new Recycle Center surcharge that created a separate fee to offset the costs associated with the annual operation of the Recycle Center. The scope of work of this committee is as follows: The ad hoc Recycling and Waste Reduction Committee is charged with making recommendations to the City Council regarding the future of the recycling center; its effectiveness, what form it should take, how it should be funded and whether if should continue to operate at all. The Committee will also examine City-wide waste reduction and recycling efforts; examine best practices and how they might be applied in Ashland to improve waste diversion and recycling; and examine how the recycling center fits or should fat into those efforts. The Committee shall, in the course of its work: • Provide ample opportunity for public input; Page 1 of 2 CITY OF -AS H LAN D • Consult with Recology and City staff to determine what impact, if any, its recommendations would have on garbage rates; and • Present its recommendations in writing so they can be easily shared with the public In its assessment and response to its charge noted above, the committee broke down the recommendation into two primary categories, each with several sub-components: Assess the future of the recycle center o Assessment of its effectiveness o What form it should take (services offered, materials accepted, etc) o How it should be funded o Whether it should continue to operate/exist Examine community-wide waste reduction and recycling efforts o Examine current best practices for application in Ashland o Examine and recommend actions to be implemented to improve waste diversion and recycling o Examine and recommend role of Recycle Center in waste diversion and recycling for the future Committee Results The final recommendations document provides a brief description, actions required to implement/take action, proposed timeline and specific recommendations for each of the seven items considered. FISCAL IMPLICATIONS: The final five recommendations put forward by the Committee primarily involve an expense of existing staff time to develop in coordination with Recology staff. Each recommended implementation process will result in more detailed and complete information collected, analyzed and presented to the City Council for their final consideration, which will include financial impact analysis for the City, Recology and residents. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends Council approval of each of the five recommendations as presented and requests Council direction for staff to begin work on each of the items. SUGGESTED MOTION: I move to accept and approve the recommendations of the Ad-Hoc Recycle Center Committee and direct staff to begin work as described in the Committee recommendations memo. ATTACHMENTS: Ad-Hoc Recycle Center Committee Final Recommendations Memo Ashland Municipal Code, Chapter 9.22 - Opportunity to Recycle Page 2 of 2 ~r, CITY OF ASHLAND Memo DATE: October 15, 2014 TO: City Council FROM: Ad-Hoc Recycle Center Committee RE: Recommendation Regarding the Recycle Center, waste reduction and recycling 1) Create curbside recycling sticker program Description The implementation of a sticker program for Recycling would provide another opportunity for residents and businesses to participate in curbside recycling and create a financial incentive/reward for minimizing the volume of recycled materials by using the pre-paid stickers only when the bin is completely full which could significantly reduce costs for those that are able to reduce recycle materials volumes. This provides higher participation in Recology curbside services with only an incremental additional cost as the sticker customers already reside within an existing collection route. Sticker program revenue would offset the incremental additional costs incurred. Actions Required Modification of Solid Waste Rate Resolution to include a Recycle Only Sticker rate. A suggested rate structure would be four stickers for $20 or 10 stickers for $40 (to be calculated and formalized with Recology staff). Timeline Resolution including the new fee in the rate structure could be developed and presented to Council within 60 days of Council approval of recommendation. Committee Recommendation - Approve and Implement 2) Remove comingle recycle collections from the Recycle Center Description Discontinuance of the collection of comingle recycling at the Recycle Center has three primary objectives: • Maximize participation in the existing curbside comingle services already in place and available to all Recology subscription customers Page] o1`6 City of Ashland ADMINISTRATION DEPT Tel: 541-552-2046 W 20 East Main St Fax: 541-488-5311 IVA& Irl Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us adam@ashland.or.us • Transition the Center to be a recycling resource primarily for materials that are not a part of the comingle curbside collection service. • Reduce the operating costs of the Recycle Center. As noted in previous committee and Council meetings, the Recycle Center costs are primarily driven by hauling costs from the Center to the Valley View Transfer station. Cardboard has the highest hauling volume, with comingle second. While cardboard has a resale value in the market and provides revenues of between $20,000 and $30,000 annually, comingle recycling has no associated revenue. It is estimated that the removal of comingle recycling would save $25,000 to $30,000 in annual hauling costs. The removal of comingle recycling would also provide additional physical space at the Center to offer recycling services for additional materials that are not a part of the curbside collection program and do not currently have a collection point available to the public (see Recommendation #3). Actions Required Onsite advance notice of removal (30-45 days) Physical removal of two 25 yard dumpsters Timeline Noticing and removal could be accomplished within 60 days of Council approval. Committee Recommendation - Do not approve or implement. Cost savings gained do not outweigh overall goal/objective of maintaining waste diversion options for the community (residents and those outside city limits) 3) Change Fee Methodology for Recycle Center Surcharge Description The Committee reviewed a series of potential methodologies for billing and collection of fees to cover the operational costs associated with the Recycle Center. Concepts discussed included: • Maintain existing monthly flat fee surcharge, currently $1.60/mo per account (7,000 • Use City Utility bill and charge each water meter account (roughly equivalent to every property/parcel in Ashland). o Approximately 8,200 water meter accounts would equate to a fee of approximately $1.40/mo per account • Use City utility bill and charge each electric meter account (roughly equivalent to every residence/business in Ashland) o Approximately 11,350 electric meter accounts would equate to a fee of approximately $1.00/mo per account • Create a "pay to play" fee collection system at the Recycle Center. Fee would need to be calculated based on estimated use of the Recycle Center o Average of 100 customers per day would require a fee of approximately $4.50 o Average of 200 customers per day would require a fee of approximately $2.25 Page 2 of 6 City of Ashland ADMINISTRATION DEPT Tel: 541-552-2046 W OVA& 20 East Main St Fax: 541-488-5311 Irw Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.orms adam@ashland.or.us • Create a donation system with signage to describe how the Recycle Center is funded and by whom and provide an unmanned collection option for users (targeting non Recology customers) to contribute to the continued operation and availability of the Recycle Center. Recommended donation could be $1.00 into a highly secured collection container that is emptied by either Recology or City staff on a regular basis. Committee Recommendation - Maintain existing monthly flat fee on Recology customer bills 4) Expand (non-curbside collections) materials available to reuse/recycle at the Recycle Center Description Over time, the Recycle Center has expanded its menu of materials accepted for recycle or re- use, the most recent being the soft plastic collections. The Committee would like City staff to work with Recology to develop a list of items currently in the waste stream that could potentially be collected at the Recycle Center that are not part of the curbside collection program. The list would provide information and analysis on the following: • Current and potential volume expected • Costs associated with their collection and distribution • Regulatory issues associated with the materials • Other pertinent information needed to determine likely new materials to be accepted. Actions Required Two to three meetings with City and Recology staff to generate draft document, research issues, develop final report. Timeline City and Recology staff could initiate the work immediately and have report available for review within 120 days of Council approval. Committee Recommendation - Approve and bring back results to the Council for final implementation approval (with review by Conservation Commission) 5) Develop and implement a waste reduction and recycling education and outreach program for the community Description The Committee felt that a critical component to the future success in reaching higher levels of waste reduction and recycling is expanded and targeted education and outreach. While the ongoing efforts by Recology have paid dividends and have played a large role in achieving our current levels of waste prevention and recycling, a more formal and expanded education and outreach program in addition to and in coordination with that of Recology is critical in future success and achievement in the community. Program elements could include: Page 3 of 6 City of Ashland ADMINISTRATION DEPT Tel: 541-552-2046=, 20 East Main St Fax: 541-488-5311 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.orms adam cr ashland.onus • Coordinated City/Recology promotional campaign focusing on waste reduction initiatives, best practices and education highlighting existing services available to the community in these areas including and beyond Recology services. • Curriculum development for use in Elementary and Middle School classrooms • Targeted action/results activities for Elementary, Middle and High Schools (collections contests, videos, public awareness, etc • Hardcopy and web based packets targeted and tailored specifically for each customer group (single family, multi-family and commercial) providing existing services available, best practices, on site assessment self-checklists, details for on-site technical assistance, etc Actions Required City and Recology staff research, meetings and development of program objectives, tools available to achieve objectives and task allocation and scheduling to implement programs The Committee recommends that options and recommendations for dedicated funding beyond the existing franchise agreement for the implementation and ongoing activities of the program be included in the development of the plan. Options include expanded participation in the Jackson County Recycling Partnership of which both the City of Ashland and Recology are members. Timeline Initial development of program could be done within 120 days of Council approval with implementation schedules guiding each program element launch. Committee Recommendation - Approve and bring back results to the Council for final implementation approval (with review by Conservation Commission) 6) Explore a pilot program or system to offer pre and/or post consumer food waste diversion options Description The committee recommends that City staff work with Recology to research and report back to Council potential options for the implementation of one or more pilot programs for pre and/or post consumer food waste handling, which makes up between 15 to 30 percent of the waste stream. This could include the following: • Free or reduced cost compost bins to customers for their own separation and compost use • Centralized location for drop off of approved food waste materials • Food waste collections service for commercial and/or residential customers • Other pilot programs that would assist Recology, the City and the community in a long term sustainable solution to remove food waste from the local waste stream. Page 4 of 6 City of Ashland ADMINISTRATION DEPT Tel: 541-552-2046 20 East Main St Fax: 541-488-5311 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.orms adarn a ashland.or.us Reporting shall include potential regulatory issues, estimated customer uptake, program costs, sources of funding, operational impacts and other relevant issues for each of the potential programs researched. Actions Required City and Recology staff research, meetings and analysis of different pre/post consumer food waste program opportunities. Timeline Development of a final report could be completed within 180 days of Council approval with implementation dependent on the type and scope of pilot project selected. Committee Recommendation - Approve and bring back results to the Council for final implementation approval (with review by Conservation Commission) 7) Update Ashland Municipal Code 9.22 - Opportunity to Recycle Description AMC 9.22 was adopted in 1992 and requires all owners or managers of multi-family sites within Ashland to provide an "opportunity to recycle site" to ensure that all occupants of multi- family dwellings that do not typically have individual trash service have the ability to recycle if they so choose. These sites "shall meet the reasonable requirements of the local solid waste franchisee". Additionally, AMC 9.22 requires the owner or manager of a multi-family site to annually inform all tenants of the location of the site and provide information on how to use the site for recycling purposes. Rather than taking the step of instituting mandatory trash service throughout the community, the committee recommends that City and Recology staff develop formal minimum standards for recycling facilities required to be located on multi-family properties. Standards could be tiered based on the number of units on the property, with more minimum features required for larger complexes with more potential for waste diversion. The noticing requirement could also be reviewed and updated to require the owner or manager to contact the City or Recology each year to verify their compliance with the noticing requirement and to ensure that they have provided tenants with the most current information available. AMC 9.22 could also include a requirement for an annual or bi-annual on site assessment of the facilities for the larger facilities that have higher minimum standards to ensure that they continue to meet the standards and to offer suggestions or educational opportunities for the owners/managers or the tenants. Actions Required City and Recology staff research, meetings with coordination of City Legal Staff when appropriate. Contact and coordination with multi-family property owners and managers would Page 5 of 6 City of Ashland ADMINISTRATION DEPT Tel: 541-552-2046 W 20 East Main St Fax: 541-488-5311 Inia Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us adam a ashland.or.us also be required to ensure a code that is functional and can be practically applied in the community. Timeline Development of draft ordinance changes and additions could be completed within 180 days of Council approval with implementation beginning after ordinance adoption, which could add an additional 60-90 days. Committee Recommendation - Approve and bring back results to the Council for final implementation approval (with review by Conservation Commission) Summary of Timeline for Items Recommended for Approval 1) Create curbside recycling sticker program 60 Days 4) Expand materials available to reuse/recycle at the Recycle Center 120 Days 5 Develop and implement a waste reduction and recycling education and 120 Days outreach program for the community 6 Explore a pilot program or system to offer pre and/or post consumer food 180 Days waste diversion options 7) Update Ashland Municipal Code 9.22 - Opportunity to Recycle 180 Days *Items 42 and #3 were not recommended for approval by the Committee Additional Considerations The Committee had several discussions regarding the concept of mandated trash/recycling services as a method of addressing cost equity of the Recycle Center operations, as well as potentially increasing overall recycling/diversion rates within the City. The committee's preliminary conclusion was that the move to mandated services could potentially contribute to cost equity improvements for the Recycle Center, but that administrative, operational and political challenges would need to be studied further before a formal recommendation could be made. The Committee suggests that City and Recology staff continue discussions on the merits and challenges of imposing mandated services, including researching other similar communities that have implemented mandated service but does not recommend moving forward until the formal recommendations have been implemented and reviewed for their effectiveness. Summary The committee recommends that the Council approve the recommendations of the committee and direct staff to begin work on the five recommendations and work with the City Administrator to develop a schedule for their development and implementation that includes appropriate review and approval by Council as needed. Page 6 of 6 City of Ashland ADMINISTRATION DEPT Tel: 541-552-2046 1 FA A 20 East Main St Fax: 541-488-5311 OWPAN Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us adam@ashland.or.us 9.22 Opportunity to Recycle 9.22.010 Definitions The following words and phrases whenever used in this chapter shall be construed as defined in this section unless from the context a different meaning is intended. A. "Common solid waste receptacle" means a receptacle where solid waste is deposited from more than one dwelling unit for collection by a solid waste franchisee. B. "Dwelling" or "dwelling unit" has the same meaning as defined in the land use ordinance at AMC 18.08.230 and includes a mobile home park space. C. "Multi-family complex" means a multi-family dwelling or any other dwelling, apartment, condominium, facility, mobile home park or location where two or more residential units share a common solid waste receptacle. Transient accommodation facilities such as hotels or motels are not included in this definition. D. "Multi-family dwelling" has the same meaning as defined in the land use ordinance at AMC 18.08.220 and includes mobile home park spaces. E. "Opportunity to recycle site" means a place for the deposit of tenant separated recyclable material. F. "Recyclable material" means all material collected by the local solid waste franchisee under its residential on-route collection program for purposes of recycling. G. "Responsible person" means the owner of a multi-family complex in those complexes where the tenants individually contract directly with the local solid waste franchisee for solid waste collection. Otherwise responsible person means the person or persons who contract with the local solid waste franchisee for solid waste collection of solid waste from the common solid waste receptacle in a multi-family complex. H. "Tenant" includes owner in the case of a condominium or other multi-family complex where the dwelling unit is individually owned and the owner resides in the unit. 9.22.020 Generally A. Every multi-family complex shall include on the premises an opportunity to recycle site provided by the responsible person or owner of the multi-family complex or both. B. All multi-family complex leases or rental agreements or any other type of agreement providing for the lease of property or space for residential purposes may, at the discretion of the landlord or owner, state that tenants or occupants shall deposit recyclable materials in the opportunity to recycle site provided on the premises. C. Within thirty days of the effective date of this chapter and at least once a year thereafter, the responsible person, or the owner of a multi-family complex, or both, shall inform tenants of the multi-family complex of the location of the opportunity to recycle site and of information about how to recycle. New tenants shall be informed by the responsible person, or by the owner of a multi-family complex, or both, about the opportunity to recycle at the time of entering into a lease or rental agreement or any other type of agreement providing for the lease of property or space for residential purposes. 9.22.030 Opportunity to recycle site standards The opportunity to recycle site: A. Shall meet the reasonable requirements of the local solid waste franchisee. B. Shall, whenever reasonably feasible, be centrally located in a single repository in the multi-family complex. Small multi-family complexes may use individual curbside containers for recyclable material if permitted by the local solid waste franchisee. 9.22.040 Exemptions The City Administrator, or designee, may exempt a multifamily complex from the requirements of this chapter upon a showing by the applicant that the conditions of this chapter would cause undue hardship. The phrase "undue hardship" shall be construed to include, but not be limited to: 1. Situations where the physical environment of an existing complex cannot be reasonably adapted to provide the opportunity to recycle; 2. Situations where the opportunity to recycle is being met is some other manner; or 3. Situations where compliance with the requirements of this Ordinance would deprive a person of a legally-protected right. 9.22.050 Enforcement A. A warning notice of a violation of this ordinance shall be given prior to the issuance of a citation. Warning notices shall give a brief description of the violation and a statement that failure to correct the alleged violation may result in issuance of a citation to the City of Ashland Municipal Court. The warning notice shall be served upon the person accused of the violation. B. A responsible person, or an owner of a multi-family complex, who violates this chapter shall be deemed guilty of an infraction, and shall be punishable as set forth in Section 1.08.020 of the Municipal Code. (Ord. 2686, 1992) CITY OF -ASHLAND Council Communication December 2, 2014, Business Meeting Solid Waste Franchise A Presentation of Financial Incentive Options for Waste Reduction FROM: Adam Hanks, Management Analyst, adam@ashland.or.us SUMMARY: As a follow-up discussion to the solid waste franchise ordinance process from October of 2013, Council requested that Recology Ashland Sanitary develop a report and present to Council suggestions for restructuring rates to provide a financial incentive for waste reduction in Ashland. BACKGROUND AND POLICY IMPLICATIONS: The attached report has been drafted and submitted to the City of Ashland by Recology Ashland Sanitary pursuant to Resolution 2013-32 that was approved by Council on October 1, 2013, which reads in part SECTION 3. Recology will return to the city by April 1, 2014, with suggestions for restructuring rates to provide a financial incentive for waste reduction and an increase in recycling, including but not limited to an option for service with a less-than-32 gallon container. The report was originally provided to the Council in the meeting packet for the April 15, 2014 Business Meeting, but was deferred to a future date due to time constraints at that meeting. The Ad- hoc Recycle Center Committee was also presented the report in the summer of 2014 while reviewing Recycle Center and waste prevention and reduction strategies and recommendations, but did not specifically utilize the report to generate a rate design based recommendation other than to create a recycle only sticker program. This recommendation was approved by Council at the October 17, 2014 along with six other recommendations to be developed and implemented over the next 120-180 days. Recology staff will present and discuss with Council their draft report, which will include the following: Service Approaches: • Expanded Sticker Programs • Smaller trash cart sizes (24 or 20 gallon carts) • Every other week trash service Page 1 of 2 ~I, CITY OF ASHLAND Rate Approaches: • Base rate plus individual cart type (recycle, green debris and trash) pricing with trash being the most expensive option • "Pay as you throw" rate structure • Discounts for skipping regular trash pick ups or for target diversion rates (commercial) Waste Hauler Incentives: • Waste diversion targets for waste hauler to achieve with specified financial rate related incentives for meeting targets FISCAL IMPLICATIONS: While several potential financial considerations have been identified by Recology in their report for the different potential tools to meet waste reduction objectives, each option will require further review, research and rate modeling utilizing the existing customer classifications, as well as comparisons to existing rate schedules. It is important to note that rate incentives to encourage a desired outcome have associated cost subsidies that are borne by other parts of the rate structure and need detailed study to ensure that decisions made factor in the consequences of the rate incentive provided. With Council direction, Recology and City staff can provide more detailed financial models and impacts for the concepts chosen to pursue further. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that Council review the report, ask relevant clarifying questions and direct staff to work with Recology staff to further research the operational and financial impacts of any of the concepts provided in the report or other concepts that have merit in meeting the waste reduction obj ective. SUGGESTED MOTION: N/A ATTACHMENTS: Recology Response Report per Resolution 2013-32 Solid Waste Franchise Ordinance and Resolution adopting Administrative Operations, Rules and Rates (Materials provided as part of Council packet for October 1, 2013 Business Meeting: http://www.ashland.or.us/Pa,i4e.asp?NavlD=l 5830) Page 2 of 2 FIT R ecology, Ashland Sanitary Service . - _ ; Y ZERO RECOLOGY ASHLAND RESPONSE TO SECTION 3 OF RESOLUTION NO. 2013-32 Overview It is important to note that diversion rates for Jackson County are quite respectable, given the challenges it faces as a rural county. The 2013 county diversion rate was 49.3%, and this rate has shown steady improvement since Recology assumed the Ashland franchise in 2009. The rate in 2009 was 41.6%. What makes this impressive is the fact that unlike many of the larger, less rural counties, we are achieving this rate of success without any currently viable program for diverting post-consumer food waste anywhere within the county. In addition to offering curbside recycling of commingled materials, green debris, glass and motor oil, Recology Ashland offers a variety of options and services to encourage and accommodate the 3 R's of waste--reduction, reuse and recycling. The Ashland Recycle Center provides collection and recycling of commingled recyclable materials, cardboard, glass, printer ink and toner cartridges, cell phones, textiles, shoes, fluorescent tubes and bulbs, as well as plastic bags and other plastic films. For reuse, there is a clothing and shoe "free box," and a Styrofoam "peanut" and bubble wrap exchange. Other services include food collection and even pet adoptions. The Valley View transfer station accepts and recycles commingled materials, metals, cardboard, green debris, woody debris, motor oil, cooking oil, anti- freeze, tires, propane tanks, glass and electronics. Recology Ashland employs a full-time Waste Zero Specialist, whose waste diversion responsibilities include on-going outreach and education relating to reducing, reusing and recycling. Lastly, Recology Ashland partners with other Jackson County waste haulers and organizations to provide household hazardous waste collection events, the JCRP Plastic Roundup, the Ashland Firewise event, the JCRP Master Recycler program, free leaf drop-off days and discount leaf bag programs, free composting classes, and a host of other programs and activities to help achieve Ashland and Jackson County diversion goals. The major challenges we face include distance to and lack of access to markets for recyclable materials, no access to major ports, no rail transportation, a lack of recycling infrastructure (such as food waste processing facilities and local Material Recovery Facilities), and the now infamous "green fence". Three ways of increasing diversion and/or reducing waste exist. The first is education. Public awareness and understanding of what people can do, the benefits of doing it, and the harm of failing to do it is best achieved through outreach and education. This tool of education, steadily and relentlessly applied, will indeed "move the needle," albeit somewhat slowly. It was primarily public education that produced the steadily improving diversion results seen in Jackson County. The second way involves political will, coupled with enforcement mechanisms. Some of these would include mandated services, base participation fees, property liens, fines, etc. Most likely you would need some form of "garbage police" to enforce the various mandates. Pg. 1 The third way involves incentives, usually in the form of rates favoring those who produce the least amount of trash or conversely, the greatest reduction/diversion of materials from the landfill. It is this third way that Recology has been tasked by the Ashland City Council to examine and to submit ideas and proposals on. Service Approaches Some communities offer reduced rates for customers who utilize something other than "standard" trash service, which is currently a weekly service utilizing an industry-standard 32-gallon capacity rolling cart, coupled with every-other-week curbside recycling service (utilizing a 64-gallon rolling cart). Customers may also opt for every-other-week green debris service on a subscription basis. One current non-standard offering is the popular "sticker program," whereby customers purchase pre- paid stickers which they apply to their trash carts and set out on an "as-needed" basis. This is a form of a "pay-as-you-throw" program. Another offering is "recycling only," where customers who have no trash service, or only "sticker" service, may purchase curbside recycling service for a modest monthly charge. This is a new charge for many people, including prior "yellow bag" and "sticker" customers. Since these customers tend to produce very little in the way of materials in general, be it trash or recyclable materials, one viable option might be to offer "recycling only" stickers. A green debris sticker program could be offered as well. These additional sticker offerings would encourage small generators to continue to "do the right thing," and not simply put their green debris or commingled recyclables in their trash carts. Some communities offer smaller trash cart size options, with corresponding trash rate reductions. Two common options are the 20-gallon trash cart insert, and the 24-gallon rolling cart. Of the two options, the 24-gallon rolling cart is by far the least challenging from an operational perspective. The 20-gallon insert tends to get easily jammed with trash due to its relatively small top and tapered design. This makes emptying difficult, often requiring the cart with insert to be "slammed" multiple times to dislodge the trash. This in turn breaks the rivets holding the insert, and does significant damage to the "host" cart as well. The 24-gallon rolling cart is not an insert. It is a stand-alone rolling cart, identical to the standard 32-gallon rolling cart in design and function. There are a few things to bear in mind before implementing 20 or 24-gallon discounted service. Often a significant number of customers will initially opt for the smaller size (and savings), only to find out shortly thereafter that the containers are simply too small to fit their needs. These customers then migrate back to the standard sizes. This results in much unnecessary expense in the form of delivery costs, retrieval costs, re-delivery costs of standard carts, and excess quantities being purchased initially, only to end up unutilized and taking up valuable storage space. Pricing is also tricky. The cost to service a 20 or 24-gallon container is very close to the cost of servicing at 32-gallon container. The only real difference is a modest savings in disposal costs. This means, then, that if you use deeply discounted rates in order to attract people to the smaller cart options, you will be offering this service at a loss. In turn, then, all rates will need to be adjusted each year to account for these losses. In essence, then, customers utilizing these smaller cart options will end up being subsidized by other rate payers. Additionally, customers who subscribe to smaller cart options who actually require more service tend to put any trash that does not fit in their small trash cart into their commingled recycling or green debris carts. This contaminates otherwise recyclable materials, turning them in to trash, which of course defeats the whole purpose of the smaller carts. There are communities which offer every-other-week trash service. This does help to reduce costs in larger communities, because full routes can often be eliminated. Eliminating a route eliminates a driver, a truck, and all of the attendant expenses associated with the wages, fuel and operating costs. pg. 2 Unfortunately, in small communities, unless every-other-week service is mandated for everyone, it is difficult to actually reduce costs significantly. This is because in the absence of mandates not enough customers migrate to this service to enable elimination of a full route. It is simply a matter of scale. There may be limited savings via elimination of overtime wages, but you cannot eliminate a part of a driver or a part of a truck. Also, communities which offer every-other-week trash service can do so because they can offer every week food waste pick up. This gives customers enough capacity to go two weeks before filling up their regular trash, as food waste represents somewhere around 15 to 25% of the waste stream. Without being able to collect and process food waste separately, the attendant odors, pests and health risks become unacceptable. Worse, without some form of fines and "trash police" to enforce them, many people end up putting trash in their commingled recycling containers when they run out of room in their regular trash (or worse yet, they steal service from their neighbors). Seattle has experimented with EOW trash service, but recently rejected it overwhelmingly. Rate Approaches Many rate schemes, some of them very creative, have been employed by various cities and towns. In San Francisco, perhaps the most successful city in America in terms of waste reduction and diversion, the current rate structure consists of a "base rate" of $5.00, paid by every residential "dwelling unit". Next, a recycle cart (32-gallon) and a green debris cart (32-gallon) are provided at a cost of $2.00 for each 32-gallon unit. Lastly, a 32-gallon trash cart is offered at $25.08 per month. Total cost for "full service," then, amounts to $34.08. People who need a second trash cart pay an additional $25.08. This makes trash very expensive and recycling very cheap, which encourages waste reduction and diversion. It can also encourage contamination and theft of service, so it requires enforcement mechanisms to make it all work. Another rate scheme being looked at seriously in San Francisco is a "pay-as-you-throw" structure. This involves a bigger base charge, say $25.00 per month, for a recycle cart and a green cart. A trash cart can be added for $7.50 per month, a second trash cart for another $7.50, etc. In this way, trash is truly "pay- as- you- throw". Again, this creates a large risk of abuse and contamination. This system will not work in a fully-automated operation, since the waste collector must be able to see the contents of the carts to ensure that they are not contaminated. Also, the waste collector must have the ability to charge heavily for contaminated materials. A technology-aided approach has also been experimented with. Basically, in this program each trash cart has an imbedded RFID chip, and each truck has a chip reader. Each time a customer's can is picked up, it is recorded. When a customer does not set their trash can out, they receive a discount off of their trash bill. The costs for this technology are fairly high, and would take a long time to recover in a small market. San Francisco uses a rate incentive program for its commercial customers as well. They pay a "standard" rate for service, but then are given discounts (capped at 50%) based on the amount of diversion they achieve. The diversion is calculated by dividing the total amount of diverted materials by the total amount of all materials collected. Some communities offer waste hauler incentives for waste haulers who achieve pre-determined goals. In these cases, rates are set higher than required (typically, 2%). At the end of the year, if the diversion goals are met, the waste hauler gets to keep the 2%, or some portion of it, based on a sliding scale (e.g. 100% of goal = 2%, 75% of goal = 1.5%, etc.). If the goals are not met, the 2% goes back to the rate payers in the next rate year. The idea here is for the waste hauler to use the incentive money to invest in additional diversion opportunities. These might include technology, employee incentives, educational programs, sorting facilities, sorting facility equipment upgrades (e.g. optical sorters), "dirty" MRF's and pg. 3 the like (a dirty MRF, or dirty material recycling facility, is one where trash is collected, dumped out on a sorting pad, and manually sorted to reclaim items otherwise destined to go to the landfill). Smaller ideas might include offering "back yard" composters at a discount, or offering worm bins at a discount (with free vermiculture classes). Recology could partner with volunteers to recover construction materials for use by organizations such as Habitat for Humanity. Other areas to explore could include mandated curbside recycling, material "buy-back" centers, unmanned newspaper or cardboard only depots, a dirty MRF and awards and incentives for residential recycling (Recycle Bank model). Summary Offering smaller container sizes, along with other discounts and rate incentives may help. Many other approaches may require mandated service, fines and enforcement to succeed. All programs must include education to promote legitimate waste reduction and recycling and to discourage contamination and abuse. This will get us a few more percentage points of diversion over time. In order to impact diversion in Jackson County significantly, the dilemma of composting of food waste must be solved. A bonus in this would be the ability to divert waste water treatment sludge by converting it to compost as well. This will take a concerted cooperative effort of waste haulers, municipalities, institutions (e.g. RVCC, SOU), and concerned citizens. It is a complex problem, requiring a great deal of research and financial commitment. Solving the food waste problem, creating markets, developing infrastructure, and meaningful legislative mandates are all going to be necessary to move Ashland and Jackson County into the ranks of the most successful locales. Lastly, the City must establish clear, measurable Waste Zero goals, and take the bold and sometimes uncomfortable steps necessary to reach them. pg. 4 CITY OF -ASH LAN D Council Communication December 2, 2014, Business Meeting Economic Development Strategy Program and Activity Update FROM: Adam Hanks, Management Analyst, Administration - adam@ashland.or.us SUMMARY Since its adoption in July of 2011, the City has consistently devoted staffing resources and funding to implement the Economic Development Strategy, starting with the phase one priority actions and more recently moving forward with a set of phase two priorities reviewed and approved by Council in the summer of 2013. The presentation provides a summary of the work completed and in progress as well as planned actions for the remainder of the FY2013-15 biennium and into the next biennium budget cycle. BACKGROUND AND POLICY IMPLICATIONS: The Economic Development Strategy was adopted in July of 2011 after a significant public involvement process over a 12-18 month period including participation of many local and regional community and economic development partners and local businesses and residents. The Strategy document contained seven major categories/elements, each with a corresponding list of implementing actions. The actions were organized into three prioritization phases for implementation; priority one, two and three. Phase one actions have largely been completed with some remaining as on-going activities to maintain over time. Original phase one actions completed include: Mm - 1.1 Conduct a Business Retention and Expansion Survey (B,R & E) 1.2 Designate a City Staff "point of contact" 2.1 Formalize relationships and roles for Strategy implementation among major partners 3.1 Maximize impact of existing City Economic Development, Cultural and Sustainability grant process 6.1 Evaluate the use of Urban Renewal Districts 7.1 Improve the land use development process In June of 2013, Staff presented an update of accomplishments to date and a proposed set of new Phase Two priority actions, incorporating continued efforts of the original set of actions not yet completed Page 1 of 3 F1, CITY OF -ASH LAN D and including many new actions. This list also included a narrative to describe how the action was intended to be implemented and was supported by a benchmark/performance measure for each new action. The list of Phase Two priority actions approved by Council include: 7.1 Improve the Land Use Development Process - Incorporates actions 7.2 and 7.3 2.1 Formalize relationships and roles for Ashland specific strategy implementation among major partners 2.2 Create formal and routine communication with all regional economic development partners 3.3 Create a coordinated economic development information and marketing plan to maximize public communication tools 6.4 Pursue the expansion of a State E-Commerce Zone for Ashland 6.5 Evaluate land availability for business expansion on lands on or adjacent to existing businesses 1.5 Assist local businesses in energy, water, waste, supply chain reductions and efficiencies 4.2 Develop, promote, and expand job training programs to meet skill needs identified by local business 1.4 Create/Expand a local business resource & mentoring program 4.1 Develop/expand programs to connect local education partners with business community for experience and exposure to entrepreneurship, business development & operations Narratives and benchmarks for each action can be found in the attached document entitled "Phase Two Implementation - FY 2014". Program Action/Activity Highlights Major Accomplishments over the past 6-12 months include: • Support and participation in the creation of the Ashland Business Resource Portal (www. ashlandbusine ssre source. com) • Support and participation in the creation of the first local economic indicators dashboard (incorporated with the Business Resource portal) • Staff membership and participation on the Chamber sponsored Economic Advisory Team responsible for content/program development for both the portal and dashboard • Direct mailing to all property owners and business owners within the three Ashland Enterprise/E-Commerce zones with follow-up contacts and on-site meetings with approximately 20-25 local businesses. (Letter and program flyer attached) • One approved Enterprise Zone award to an Ashland business • Council approval to develop contract with Ashland Community Resource Center for local workforce development program • Staff participation in the development of the regional Comprehensive Economic Development Strategy (CEDS) through SOREDI CEDS Advisory Committee appointment • Staff membership and participation on SOREDI Business Recruitment and Retention Committee Page 2 of 3 IA, CITY OF ASHLAND • Staff presentation and participation in the SOREDI Rogue Valley site consultant tour • Scheduled completion and approval of the Unified Land Use Code in January of 2015 Program Actions/Activities planned for the next 6-12 months include: • Formal kick-off for the planning and implementation of the 2015 Business Retention & Expansion Survey, including targeted strategy defined industry sector focus. • Development of next phases of Business Portal and Economic Dashboard, including video production to support quarterly industry focus areas and resources/services promotion targeted to business community, outreach/awareness for portal and general local economic development program offerings • Business (Commercial, Industrial, Employment) specific marketing/promotion for AFN services in alignment with AFN Business Plan • Pre-development site expansion/growth evaluations for key employment lands within Ashland COUNCIL GOALS SUPPORTED: Economy 17. Market and Further develop the Ashland Fiber Network 19. Ensure that commercial and industrial areas are available for development FISCAL IMPLICATIONS: The Economic Development Strategy program budget is funded through an annual allocation from the Transient Occupancy Tax (TOT) approved each year by Resolution of Council. The annual allocation is 10% of the non tourism, unrestricted portion of the overall TOT annual estimated revenue estimated at between $150,000 and $160,000 annually. Primary program costs include staffing (.25 FTE), regional program contributions to Southern Oregon Regional Economic Development Inc (SOREDI) and other similar program dues, memberships and operating expenses. The remainder of the funds, approximately $100,000 to $110,000 are utilized for Strategy implementation actions and activities. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends Council review prior activities and accomplishments and provide comment and any clarifying questions on planned future program actions for the remainder of the fiscal year and beyond. SUGGESTED MOTION: I move to accept the Economic Development Strategy Update and recommend that staff continue as described in the update document provided in the meeting packet. ATTACHMENTS: Phase Two Implementation Plan - FY 2014 Economic Development Strategy Update - March 18, 2014 Enterprise Zone Flyer Page 3 of 3 CITY OF -ASHLAND Economic Development Strategy • Implementation Plan Phase Two Implementation FY 2014 With the results of the business retention and expansion survey in hand, four of the six priority one actions complete and one well into its development and review phase, a more comprehensive review of the Strategy document as a whole is needed to maintain focus and productivity towards the overall strategy goals and objectives. The original strategy broke the strategy down into three primary areas: The Task, The Questions, & The Plan. The Task The task remains essentially unchanged, but for a few proposed additions to slightly enlarge the scope of the composition and impact of the next group of recommended implementing actions. Develop and implement a comprehensive economic development strategy for the purpose of: • Diversifying and expanding the economic base of the community • Supporting creation and growth of businesses and non-profit/public sector organizations that use and provide local and regional products and services • Increasing the number of family-wage jobs in the community • Leveraging the strengths of Ashland's tourism and repeat visitors Inclusion of non-profit and public sector organizations alongside the more common focus of "business" is intended to recognize the ability of many non-profit and public sector groups to contribute as a traded sector participant in the local economy, bringing "outside money in" by exporting their services to others outside the region, importing wealth in the form of grant funds that benefit the local economy in a number of ways and often paying wages at or above the regional median levels. The innovative partnership between the City of Ashland, the US Forest Service, Lomakatsi Restoration Project and the Nature Conservancy is a prime example of the impact of non-profit and public sector organizations in the local economy. The Questions The strategy development committee went through significant effort to answer the following key questions that helped shape the final plan: • What is economic development? • How is our economy different? (Advantages) • What is working for us now? (Strengths) • What is not working? (Weaknesses) 1 EcononuG DEVELOPMENT STRATEGY Enhancing economic strength in community • What do we want? (Vision) • How do we get there from here? (Strategy) As various staff, local partners and Mayor and Council reviewed the results of the Business Retention and Expansion (B,R & E) survey, much of the survey responses were consistent with the committee answers to these questions. The B,R & E survey was a critical first implementation step that resulted in detailed statistical analysis of the current local economic climate and most importantly provided feedback and prioritization of specific actions, activities, services or resources our local business community needs and values to survive, thrive and grow. While the first five questions are important, the key question of "How do we get there from here?" forms the basis for the task of updating "The Plan" Before jumping into specific strategy objectives, four focused target business types were identified along with a business profile. They include: • Existing businesses in the community with a commitment to operating their business and living in Ashland • Businesses that rely on and earn a competitive advantage from innovation, creativity, design and technology in their operations for new product development, creation or expansion of niche markets, process improvements, etc • Businesses that produce specialty and value added goods or services with a market beyond our local economy • Businesses that purchase from the local and regional economy for supply or provide goods or services that reduce the need of the community to purchase goods or services from outside of region. To incorporate the traded sector value of local non-profit organizations, the term businesses should be defined to reference the inclusion of non-profits or be added to each of the four targets as well. The business profile seems to remain a good match to the types of businesses that the plan is intended to focus its efforts and has no differentiation between business and non-profit. The Plan The final strategy document contained the following seven objectives: • Assist local existing and emerging business stabilize and grow • Improve long term coordination and collaboration with local and regional economic development partners • Increase availability of investment capital for local businesses • Provide local educational & technical skills development to match local business workforce needs • Increase tourism in the fall, winter and spring and diversify the types of events and activities promoted • Provide appropriate land supplies for needed business growth/expansion with quality infrastructure to all commercial and employment lands 2 EconOlTdC DEVELOPMENT STRATEGY Enhancing economic strength in community • Manage the physical development process to ensure understandable requirements with timely and predictable results while safeguarding and improving the quality of the environment and the community Implementing actions were built to accomplish each of the seven objectives. In reviewing the original prioritized action list along with the results of the B,R&E and various meetings and discussions with local business and economic development partners, the following updated priority list addresses the concerns, requests and desires of most. Each of the original actions contained a description providing additional details of tactics, tasks and projects to successfully accomplish the action. With the benefit of the additional review and input, the descriptions of the recommended new priority one items have been revised to assist with final funding, timeline, City staff and partner involvement needs as well as to most closely match the needs of the local economy. Priority 1 Actions (10 items) 7.1 Improve the Land Use Development Process - Incorporates actions 7.2 and 7.3 21 Formalize relationships and roles for Ashland specific strategy implementation among major partners 2.2 Create formal and routine communication with all regional economic development partners 3.3 Create a coordinated economic development information and marketing plan to maximize public communication tools 6.4 Pursue the expansion of a State E-Commerce Zone for Ashland 6.5 Evaluate land availability for business expansion on lands on or adjacent to existing businesses 1.5 Assist local businesses in energy, water, waste, supply chain reductions and efficiencies 4.2 Develop, promote, and expand job training programs to meet skill needs identified by local business 1.4 Create/Expand a local business resource & mentoring program 4.1 Develop/expand programs to connect local education partners with business community for experience and exposure to entrepreneurship, business development & operations * Proposed to be directed to Council Goal concept of Jobs Commission/Jobs Advisory Board to review existing resources and develop actions to maximize existing resources or develop new resources specifically for Ashland employers and current/future potential employees. 3 46 Econo rdC DEVELOPMENT STRATEGY Enhancing economic strength in community Individual Action Detail 7.1 Improve the Land Use Development Process 1 City This action is one of the original priority one actions and remains in progress towards meeting the objective of improving the land use development process. As the Community Development Staff have progressed through their participation in the B,R&E survey as well as surveys to their own customers, many of the issues are being addressed through the Unified Land Use Code project. The Unified Code project objectives are to make the code clear, consistent, concise, adaptable and user-friendly, while also improving internal City department communication and coordination particularly on larger and more complex development projects. Phase II of the project is intended to address issues raised in action items 7.2 and 7.3, which state: • 7.2 - Create incentives for development applications that meet certain pre-defined economic development eligibility criteria • 7.3 - Consider changes to Land Use Development Code that may be inhibiting redevelopment or new construction Benchmark/Performance Measure - Completion of Unified Land Use Code project 2.1 Formalize relationship and roles for Ashland specific 1 BizOR, Chamber, strategy implementation among major partners (city of City, JackCo, Ashland, Chamber, Jackson County, SOREDI, Business Oregon, Job SOREDI, SOU, RCC, Council, etc) SBDC, THRIVE With the responsibilities for the coordination and on-going implementation of the Economic Development Strategy and related activities resolved with its placement in the City Administrator's Office, this action will be given more attention and will function in parallel and in conjunction with the proposed updated priority one actions. Benchmark/Performance Measure - Schedule to host and conduct four quarterly meetings with representatives of economic development partner organizations in FY14 2.2 Create formal and routine communication with all regional 1 BizOR, Chamber, economic development partners City, JackCo, SOREDI, SOU, RCC, SBDC, THRIVE This action is closely associated with action 2.1 and could benefit from the creation of a local Jobs Commission/Advisory Board, but will also rely and build on existing communication structures utilized by local and regional economic development partners. Benchmark/Performance Measure - Schedule to host and conduct four quarterly meetings with representatives of economic development partner organizations in FY14 4 EC011.OMiC DEVELOPMENT STRATEGY Enhancing economic strength in community 3.3 Create a coordinated economic development information 1 BizOR, Chamber, and marketing plan to maximize public communication City, SOREDI, tools SOU/RCC The community has a variety of public communication resources such as City, Chamber and other economic development partner websites, social media outlets, direct mailing lists, e-newsletters, community TV (RVTV), postings in community meeting spaces, City Commission & Committee packets, etc. A coordinated information and marketing plan would provide consistent and complete local and regional economic development information and services for the region. The system would integrate partner agency content to automate distribution across partner communication platforms for maximum efficiency and reach to the business community and the public. The B,R&E contained many references to the need/desire for increased marketing and communication efforts for business education and training, including Ashland specific data sets across a variety of often inter-related business segments such as real estate market analysis, detailed demographic analysis, etc. Additionally, resources such as current development related information, fees, licenses, services available, etc was also suggested to be pulled together into one resource location and kept current. 3.3.1 - A suggested concept to achieve this goal is a local business resource web portal which could house all of the information described above as a one-stop shop for market/demographic data, contacts, educational and business services resources across the various business segments. The portal would be organized to provide information, resources and guidance specific to the needs of the user: Starting a business - Business assistance/training, business/strategic planning resources, legal structures, licensing/permitting, site selection, sector specific customer demographics, local vendor supply chain opportunities Growing a business - Staffing/workforce training resources, expansion markets/exporting assistance, site evaluation, real estate occupancy/vacancy/BLI information Relocating a business - Site evaluation/land use codes, infrastructure assessment/constraints, incentive programs (enterprise/e-commerce zones), occupancy/vacancy/BLI information Financing a business - Local, State and Federal financing programs, grant opportunities, seed/angel fund programs, infrastructure deferral/loan programs, incentive programs 3.3.2 - Develop, maintain and publish through the business portal an economic indicators dashboard tool to assist Council, businesses and the community in gauging the local economic climate. Indicators could include totals, percentage annual change and comparisons to other communities in the following: • Business license registration by major category • Total employees by major category • Residential and commercial construction permits and valuation • Home occupation permits • Transient Occupancy Tax collections 5 EconorrdC DEVELOPMENT STRATEGY Enhancing economic strength in community • Occupancy rate • Visitor/tourist population • Ashland School District enrollment by grade • Commercial electric and water utility consumption • New commercial electric and water utility meter connections • Annual average home monthly rent • Median home sales • Population by age group • Attainment of Economic Development Strategy action targets Other regional indicators could be included and tracked to connect Ashland specific trends with regional indicators such as median household income, wage growth, etc that are not available at the Ashland community level. 3.3.3 - To further expand and provide exposure to the variety of core business segments, information could also be provided in the form of short videos for key local segments such as: Digital Technology , vitaculture/sustainable ag/organic farming, Performing Arts, Visual art and design, film and video production, culinary, government innovation/partnerships and connected to the business resource portal and other marketing partners and outlets. Benchmark/Performance Measure - Completion and quarterly reporting to Council and the community using an economic indicators dashboard with FY13 benchmarks and performance targets and measures where appropriate. 6.4 Develop and implement a communication/outreach plan for the 1 BizOR, Chamber, recently awarded E-Commerce Zone City, JackCo, SOREDI With considerable support and assistance from Jackson County and SOREDI, an e-commerce designation was secured for the entire Jackson County enterprise zone which much of the employment lands in Ashland are now a part of. To maximize the benefits of this new resource, City staff will work with Jackson County and SOREDI to ensure that property owners, businesses and interested parties are aware of the program, its benefits and opportunities. Benchmark/Performance Measure - Contact all property owners and businesses within the three e- commerce nodes in Ashland, schedule and conduct informational meetings at each node location, follow up on interest from individual property owners or business owners by January 2014. One approved e-commerce business in FY14. 6 ECOriOm1C DEVELOPMENT STRATEGY Enhancing economic strength in community 6.5 Evaluate land availability for business expansion on lands 1 BizOR, Chamber, on or adjacent to existing businesses City, SOREDI As most job growth comes from the expansion of existing businesses, it is critical to evaluate lands where business expansion is likely or desired to understand and anticipate obstacles and barriers of the adjacent lands for expansion while also looking forward using expected market growth need estimates over the next 10-20 years. Using the Urban Renewal District feasibility study, the EOA, the updated BLI, the B, R & E results and other related data, an initial analysis would be prepared. City staff or a designated task force could review and evaluate existing business expansion opportunities (adjacent lands), new business land needs consistent with identified target areas (profile/attributes action 1.1) and land needs and opportunities within the existing Urban Growth Boundary (UGB). The evaluation will include elements such as, infrastructure needs for the identified lands, existing and proposed zoning regulations and identification of potential conflicts with expansion forecasts/needs, etc. The results may indicate the desire and benefit for proactive adjustments to the zoning regulations, the inclusion of specific public projects in the City Capital Improvement Plan (CIP) and/or other policy modifications. The results will also provide those businesses contemplating expansion with upfront analysis of the practical and policy implications of a proposed expansion, removing much of the unpredictability of that process. Participating proactively with the business community on business expansion needs and obstacles was identified in the B,R&E survey as a significant business need and resource. City and Chamber staff had follow up conversations with many of the survey respondents and found a variety of issues where further site evaluation and identification of expansion needs would benefit both short and long term decision making for business expansion and could be the biggest assistance in retaining existing businesses in Ashland. Benchmark/Performance Measure Conduct a minimum of 10 site expansion evaluations in FY14 1.5 Assist local businesses in energy, water, waste, supply 1 City, Recology, Parks chain reductions and efficiencies & Rec, DEC, Avista The City of Ashland created an Ashland Green Business Program four years ago, managed and staffed through the City's Conservation Division, as a coordinated multi-agency team (City-water, City-Electric, Recology-waste, Avista-Nat gas, DEQ) to help businesses wanting to increase the efficiency and sustainability efforts of their business operations. The program conducted audits in all major consumption categories and works with businesses to develop plans and strategies to reduce initial consumption, reduce waste and eliminate toxic materials. In addition to reducing operating costs for local businesses and preserving community resources, successful implementation of audit findings result in job creation for the local construction/trades sector. 7 ECOnOnv.C DEVELOPMENT STRATEGY Enhancing economic strength in community With turnover in staffing and a significant increase in program workload each year (new businesses are added with existing businesses going through annual evaluations), the Green Business Program has been placed on hold pending a review of program objectives and potential tools available to more efficiently deliver the level of service expected and desired of the program. Staff proposes providing businesses with a set of online tools developed by ICLEI (Local Governments for Sustainability) called the Green Business Challenge. The product allows locals businesses to complete a baseline survey of their resource usage, select a goal level to achieve in each category, use the software to track data over the period of the goal, connect with City and other partner resources to help meet the selected goal and compare their progress with other local businesses and businesses of their type across the nation. This program format allows staff to serve interested businesses regardless of the volume of interest and participation. Benchmark/Performance Measure - Participation by 30 local businesses by end of FY14 4.2 Develop, promote, and expand job training programs to 1 Chamber, City, Job meet skill needs identified by local business Council, SOREDI 1.4 Create/Expand a local business resource & mentoring 1 Chamber, City, program SOU/RCC-SBDC 4.1 Develop/expand programs to connect local education 1 ASD, SOU/RCC, partners with business community for experience and Chamber, Job exposure to entrepreneurship, business development & Council, SOREDI, operations City Each of these actions were mentioned consistently throughout the B,R&E as programs and services that would benefit local businesses. All three actions identified and supported in the B,R&E are occurring at some level within the region. The reoccurring theme throughout the survey response and from other discussions with business leaders and partner organizations is that there is a need for Ashland specific resources and programs in these areas. As part of Council's goalsetting for 2013-14, an objective was identified under the community quality of life goal to establish a permanent jobs commission. A group like a Jobs Commission or Jobs Advisory Board could be developed and charged with developing a prioritized plan to leverage existing services and augment those services when necessary to ensure that work being done in the region is available, accessible and tailored to Ashland employer and employee needs. Staff level discussions with the listed partners indicate that a variety of programs currently in place in the region would benefit from additional participation from Ashland businesses, institutions, schools and non-profit and government partners. 8 ECOnOnuC DEVELOPMENT STRATEGY Enhancing economic strength in community Priority 2 Items (7 items) City Funding 1.6 Determine feasibility/demand for 2 BizOR, Chamber, City, Chamber/SOU TBD local business assistance and support SOREDI, SBDC, RCC, office SOU 3.2 Create opportunities for increased City, Chamber, SOREDI Chamber Econ Dev budget local access to funds (staff time) 5.1 Maximize City funded marketing 2 Chamber, City Chamber Econ Dev Grant or efforts targeted for "year-round" contract tourism 5.2 Determine market feasibility for a Chamber, City, OSF, City Econ Dev budget convention/community center SOU (Staff time + contract) 5.3 Develop a capital improvement city City City budget plan and maintenance strategy for the (Staff time + contract) Plaza and downtown 6.3 Complete transportation and utility 2 City City CIP budget service connections to all commercial (Staff time + Contract) and industrial lands in the City limits and UGB 6.7 Complete and maintain real-time 2* Chamber, City, SOREDI, City/Chamber Econ Dev Grant or commercial occupancy data Private contract (availability, price, contacts, etc.) * Possible data set to be incorporated into proposed action 3.3.1 - Business Resource Portal Priority 3 Items (8 items) Funding City ■ 1.3 Increase opportunities for local Chamber, City, SOU, THRIVE Econ Dev Grant or import substitution and local to local THRIVE contract purchasing 6.2 Complete and maintain publicly 3* City City PW budget accessible real-time online buildable (Staff time) lands inventory 6.6 Determine feasibility and Econ Dev/Admin cost/benefit for public purchase of key bud et industrial lands to make "shovel ready" 3 City City g for re-sale for business development (Staff time) 7.4 Update the Economy Element of 3 City City Comm Dev/Econ Dev the Comprehensive Plan budget (Staff time) 9 ECO11omiC DEVELOPMENT STRATEGY Enhancing economic strength in community 7.5 Provide public access to 3* City City PW budget development related data sets (GIS (Staff time) Mapping) 7.6 Integrate existing sustainable 3 City City Comm Dev budget development concepts & practices into (staff time) development standards 7.7 Create and define quantifiable 3 City City Grant or contract community "Quality of Life" indicators to measure economic development strategy success, both monetary and non-monetary 7.8 Develop and Implement a Facade 3 Chamber, City City Econ Dev/Admin Improvement Program budget (Staff time) * Possible data set to be incorporated into proposed action 3.3.1 - Business Resource Portal 10 ECOnorniC DEVELOPMENT STRATEGY Enhancing economic strength in community CITY OF ASHLAND Council Communication March 18, 2014, Business Meeting Economic Development Strategy Quarterly Update FROM: Adam Hanks, Management Analyst, adam@ashland.or.us SUMMARY The Economic Development Strategy adopted in July of 2011 contained an implementation plan sorted into three priority levels. With the completion of the bulk of the priority one implementation actions, staff presented a review of the work completed as well as a proposed update to the implementation plan at the Council meeting of March 19, 2013. The phase two implementation plan was approved by Council in June of 2013 with an updated set of ten "Priority One" actions to focus on for FY 13-14. BACKGROUND AND POLICY IMPLICATIONS: The following table lists the ten current priority one action items that were provided to Council in the November Quarterly update. The table includes the description provided in November with a brief summary project update immediately below. 7.1 Improve the Land Use Development Process - Incorporates actions 7.2 and 7.3 Led by the Community Development Staff, the Unified land use code project is nearing completion with a final draft being presented to the Planning Commission in December of 2013 with Planning Commission recommendations moving forward to Council for final review and approval in January or February of 2014. Spring '14 Update - Most recent draft presented to Planning Commission at its February 25, 2014 study session. http://ashland.or.us/SIB/files/ULUO 02-25-14.pdf. The Commission will be reviewing the revised draft materials at its March study session. 2.1 Formalize relationships and roles for Ashland specific strategy implementation among major partners The Mayor and staff attended a recent Jackson County Economic Advisory Council meeting to present the updated Strategy actions and coordinate activities as appropriate with the regional efforts. Staff continues to work with SOREDI and Business Oregon staff on regional efforts that include Ashland strategy implementation, businesses or property. Spring '14 Update -As of January, 2014, City staff (City Administrator/Management Analyst) are now the Ciiy representatives on the SOREDI Board of Directors and attends meetings monthly. Additionally, Management Analyst is a member of the SOREDI Business Recruitment and Retention Committee that meets monthly for regional strategies and implementing actions relating to the retention and growth of ex.sting businesses and targeted recruitment of new businesses to the region. Page 1 of 4 'wW`, G[?Y OF -ASHLAND 2.2 Create formal and routine communication with all regional economic development partners Staff has recently been invited to participate with the Ashland Chamber on its Economic Response Team. Staff is also coordinating a regular schedule of quarterly meetings with SOREDI, Business Oregon, Job Council and the Governors Regional Solution Team Manager that should be beginning in January of 2014. Regular meetings with Chamber staff have remained consistent and valuable. Spring '14 Update - City staff has met with all partner groups, but no formal, scheduled regular meeting schedule has been developed to due timing constraints/conflicts and project prioritization among the partners. City Staff is now also a member of the Chamber of Commerce Business Resource Portal Development Team, a new, local business centric, website providing an array of resources, data, news, training opportunities for Ashland businesses. 3.3 Create a coordinated economic development information and marketing plan to maximize public communication tools City and Chamber staff have met several times this quarter to work on development of the Ashland Business Resource website, which will form the foundation of the local economic development communication and marketing tools and resource delivery to the Ashland business community. The project is being led by the Chamber and will include partnership from the City as well as others, potential private sponsor as well as other public agencies. The objective is to provide a common location for all business resources at all stages of business development, from starting, growing, relocating and financing a business. The site will contain relevant local business and community demographics similar, but ultimately several layers deeper than data currently found in the Chamber's Living and Doing Business Guide. The content will be delivered both graphically and via video and will contain relevant business events and trainings, current news releases by business category and will allow user to register and have customized control of automated delivery of newly posted data. A related sub-action is the development, release and updating of a local economic indicators dashboard to assist in evaluating the local economic climate. City staff has developed a skeleton framework based on other similar products in other regions in the state and will be working with other Departments and the Chamber to obtain the data and develop a system for updating. City and Chamber staff are continuing to work towards the drafting of a proposed partnership agreement between the City and the Chamber to define roles, responsibilities and cost allocation which will be presented to Council for approval within the next 60-90 days. Spring '14 Update - The Ashland Business Resource Portal has progressed from concept, to outline to phase I launch, culminating in its unveiling at the 2014 Ashland Innovators Conference (April 11, 2014) . A variety of business and governmental partners have provided financial and staff/data support, including the City of Ashland, Business Oregon, SOU, SOU/RCC Small Business Development Center, Oregon Secretary of State, Small Business Administration, US Bank and others. The City and the Chamber are working together on promotional and outreach efforts leading up to the release of the site April 11 at the Innovators Conference and comprehensive metrics on the use of the website will be available to guide further development and enhancements as the project matures and becomes the core local business resource it is envisioned to be. The local economic indicators dashboard tool is now designed to be a tool within the portal providing the opportunity to leverage and connect more diverse data sets residing within the site as well as benefit from the review, input and analysis of the entire portal development team. Page 2 of 4 Ir, CITY OF -ASHLAND 6.4 Pursue the expansion of a State E-Commerce Zone for Ashland The e-commerce overlay to the Jackson County Enterprise Zone was awarded in July of 2013. City and Chamber staff recently met with SOREDI staff to develop Ashland specific information sheets to distribute to all properties and businesses within the three Enterprise/E-commerce nodes within Ashland. City and Chamber staff are also developing common procedures and FAQ/Talking points for key staff to use when Enterprise/e-commerce questions arise to ensure that consistent and accurate eligibility and process information is provided to interested businesses. Working with a property owner on a building construction development that initially appears to qualify for Enterprise zone benefits and possibly e-commerce benefits as well. Project will be going through the pre- app process in the coming month. Spring '14 Update - The project under discussion in November has now formally initiated the land use approval process, has completed the pre-application conference and will be submitting a formal application in the next 30 days. Direct contact has been made with a variety of businesses within the three enterprise zone locations in Ashland and a comprehensive mailing will be sent within the next 30 days to all businesses and property owners within the three zone areas. 6.5 Evaluate land availability for business expansion on lands on or adjacent to existing businesses City Admin, Community Development and Engineering staff have met and discussed process options, template/format, and property/resource attributes to include in the evaluations. Outreach to interested property owners may be leveraged by Enterprise/E-commerce zone outreach efforts. Spring '14 Update - No new status update 1.5 Assist local businesses in energy, water, waste supply chain reductions and efficiencies Staff recently obtained software contract information from ICLEI for the Green Business Challenge and has also recently presented to concept to the Chamber's Green Business committee to explore outreach/marketing partner opportunities. Software procurement and backend setup is expected to take 60-90 days from date of contract signing. Expected launch date is March of 2014 Spring '14 Update - City Staff submitted a grant application for the complete implementation costs associated with the Green Business Challenge (software, promotional funds, enhanced technical support, etc) in early January, but was informed in mid-February that the City was not selected for the grant. The software will be purchased in the next 30 days and back-end data work will begin upon contract signing with launch occurring in August/September. City staff continues to work with Chamber staff on promotional/outreach assistance and partnership. 4.2 Develop promote and expand jab training programs to meet skill needs identified by local business See action 4.1 1.4 Create/Expand a local business resource & mentoring program See action 4.1 4.1 Develop/expand programs to connect local education partners with business community for experience and exposure to entrepreneurship business development & operations These three actions rely heavily on partnership agreements with The Job Council. City and Job Council staff presented a proposed scope of services agreement based on initial feedback from Council at the Page 3 of 4 IWALA&A CITY OF -ASHLAND October Study Session. Based on the feedback, City and Job Council staff have met again and are developing a revised scope of service contract and will be presenting that back to Council in the next 30- 60 days for review and direction. The primary focus of the contract will be on addressing action 4.2. Quarterly meetings as described in actions 2.1 and 2.2 will assist in addressing the longer term achievement of actions 4.2 and 1.4 Spring '14 Update - The Job Council recently provided a letter to the City stating that they were not currently in a position to present a proposal or contract for a custom set of services for the City of Ashland due to staffing issues along with new program objectives and mandates for the region. City staff will be presenting potential alternatives for providing the same or similar services to the Council in an upcoming study session in May or June of 2014. FISCAL IMPLICATIONS: N/A - Council Update STAFF RECOMMENDATION AND REQUESTED ACTION: N/A - Council Update ATTACHMENTS: FY 13-15 Strategy Implementation Plan Update Adopted 2011 Economic Development Strategy - www.ashland.or.us/strategy Page 4 of 4 Wes, ,11II Enterprise Zone ,1111 E-Commerce Zone What is it? What is it? The Enterprise Zone is an economic development tool The E-Commerce Zone offers income tax exemptions approved by the State of Oregon to provide property for investments made in computer equipment, tax incentives for eligible businesses that are growing network servers, data stroage, communications and and creating new jobs. other hardware and software systems that facilitate What are the benifits? and expand conducting business over the internet. Qualifying businesses receive a minimum of three What are the benifits? years of property tax exemption associated with new Qualifying businesses receive income tax exemptions construction, additions, or significant tenant on certain e-commerce related investments. improvements on the property. The exemption can extend to five years if certain compensation How does it work? requirements are met. Qualifying internet based businesses located within one of Ashland's three Jackson County Enterprise How does it work? Zones receive income tax exemptions on qualifying in exchange for the property tax waiver, called an hardware and software investments. abatement, qualifying businesses commit to a minimum of a 10 percent increase in employment Who's eligible? where the expansion occurs. The jobs created must be Eligible businesses have more than 50% of business maintained for the duration of the tax benefit (and sales activities generated or processed using the must meet specific compensation levels to qualify internet. Primary activities include technical support, during years four and five). claims processing, client evaluation, shipping, warehousing or other similar operations. Who's eligible? Business or property owners located in the Jackson Review the Jackson County Enterprise zone maps on County Enterprise Zone may be eligible. Eligible the reverse side to determine if your business is business activities are generally described as traded located in one of the three Ashland zone areas. sector businesses such as manufacturing, assembly, shipping, storage, call centers, processing, fabrication, and headquarter facilities. Review the Jackson County Enterprise zone maps on the reverse side to determine if your business is located in one of the three Ashland zone areas. Find out if you're in an e-commerce zone. See reverse side. businegMb.si.-as e , C I T Y OF soredi ASHLAND Orgrows to help business prosper JOK Enterprise Zones AshtandSt Give Us A Call to Learn More Contact Adam Hanks at the City of Ashland to find out more about how your business may be able to take advantages of S4LO4 66 these programs. Business Resources a Business owners in Ashland benefit from a strong support system of community partners focused on helping PRd businesses succeed and grow in Ashland. Below are a few key resources for local businesses: ~s East Node A Ashland Fiber Network AFN is the city owned telecommunications service that features speeds of up to 1 Gigabit. AFN fiber services are locally supported and 99.9% "always on". - for service details Ma;, Sr The Ashland Business Resource Portal Led by the Ashland Chamber of Commerce and supported by the City, SOU, US Bank, Ashland Fiber Network and others, the portal is a dynamic website created as a one stop site v` Airport 76 for business news, economic data, educational workshops ~ o and business assistance for starting, growing and Ashland St ~ m developing business in Ashland. a -for more information East Node B SOREDI Southern Oregon Regional Economic Development Inc. is the Rogue Valley's business development resource made up of Q private and public sector partners with a mission of helping a f. business prosper and grow throughout the region. -for more information z E Hersey St Ashland Innovators Conference Created by the Ashland Chamber of Commerce in a collaboration with Southern Oregon University, the annual ASI,.._,.,._,.;_ o conference showcases innovative companies, organizations esr and students in Ashland. Enterprise Zones West Node -for more information Contact Information CITY OF ADAM HANKS, Administration / adam@ashland.or.us / 541-552-2046 ASHLAND 20 East Main Street, Ashland, OR 97520 CITY OF ASHLAND Council Communication December 2, 2014, Business Meeting Discussion of Normal Neighborhood Plan Working Group Recommendations FROM: Brandon Goldman, Senior Planner, Department of Community Development, Brandon. goldman@ashland. or. us SUMMARY The City Council formed a working group comprised of three City Councilors and two Planning Commissioners to review the proposed Normal Neighborhood Plan. Having completed their review the working group is providing their recommendations for amendments to the neighborhood plan for Council's consideration. BACKGROUND AND POLICY IMPLICATIONS: The draft plan for the Normal Avenue Neighborhood area is intended to establish an integrated land use and transportation framework for the future annexation and development of a 94 acre residential area within Ashland's Urban Growth Boundary. At the time a property owner requests annexation into the City of Ashland, an adopted neighborhood plan is intended to help guide changes to the area in a manner that accommodates a diversity of households; creates a system of greenways; protects and integrates existing stream corridors and natural wetlands into future residential developments; and enhances overall mobility by arranging for safe and convenient driving, walking, and biking routes. Following the Planning Commission forwarding their recommendation on the neighborhood plan, the City Council held public hearings on the draft Normal Neighborhood Plan on May 6, 2014, May 20tH 2014, and continued public testimony and deliberations to a special meeting on Ma_y 29, 2014. At the final meeting the Council directed the establishment of an ad-hoc working group to examine the fundamental assumptions that were used in developing the plan, as well as conduct a more in depth review of a number of plan elements. The appointed working group included two Planning Commissioners (Richard Kaplan, Michael Dawkins); two City Councilors (Pam Marsh, Mike Morris), and Mayor Stromberg. The Council directed the working group to specifically examine the following: Housing Concentrations and Type • Regional Problem Solving (RPS) assumptions on density • The need for NN zoning; Density (units per acre) • Building height limitations (2.5 or 3-story) Transportation • General transportation and connectivity issues; Transportation to the schools; East-west transportation issues; Public transportation; Traffic reduction (elimination); Improvements to East Main St.; Railroad crossing Page 1 of 4 Ir, CITY OF ASHLAND Open space • Wetland protection & delineations. • 25% open space Infrastructure • water, sewer, and electric; developer driven costs Public Input • Incorporate public input and respond accordingly Over the course of nine public meetings, held between June 2014 and November 20, 2014, the working group explored each of the specific items identified by Council. A series of meetings specifically focused on housing and land use, open space and natural resources, transportation and infrastructure, and included an exercise where working group members aimed to conceptualize an alternative neighborhood plan independent of the original draft proposal. Additionally a special round table meeting was held (September 18, 2014) where a panel was brought together to provide feedback on what they liked and disliked about the draft plan, identified barriers to agreement, and explored how the plan could be amended to work from their perspective. Panelists included a selected neighborhood representative from within the Normal Neighborhood Plan area (Susan DeMarinis), a representative from the adjacent development's Home Owners Associations (Bryce Anderson), a developer who represented a number of property owners (Randy Jones), and two outside experts familiar with land use and housing development (Alan Harper and Tom Giordano) who each had an opportunity to present their concerns and suggestions and have an open discussion about the draft plan. In consideration of public input provided, and a review of the draft plan's elements, the working group discussed a general vision for the neighborhood and formulated a summary list of recommended plan amendments. The working group has articulated its recommendations in the attached memo presented for Council's consideration. The Planning Commission also forwarded recommended amendments to the Draft Normal Neighborhood Plan to the City Council (Planning Commission Report dated 4/22/2014). The Normal working group reviewed each of those recommendations in developing its final recommendations. The working group's recommended amendments alter the land use classifications, allowable housing densities, and internal transportation network thus differing from the plan the Planning Commission originally reviewed and had based the Commission report upon. The working group did concur with the Planning Commission's recommendation that the conservation/open space boundaries are a neighborhood defining characteristic and should remain as presented in the original draft plan. The working group recommends that the existing maximum building height of 35 ft. or two and one-half stories should be retained and to not allow an increase to 40 ft. or three-stories through a conditional use permit process as was recommended by the Planning Commission. The working group has requested that the Planning Commission be updated on the working groups review to provide the full Commission with an opportunity to comment on the recommendations prior to Council's formal public hearings for adoption of a plan. COUNCIL GOALS SUPPORTED: The development of a neighborhood plan including a land use framework, open space framework, transportation framework, and land use ordinance amendments in support of sustainable development practices addresses the City Council's Strategic Planning Goals and Objective below: 13. Develop and support land use and transportation policies to achieve sustainable development. Page 2 of 4 I`, CITY OF -ASH LAN D 13.1 Create incentives and ordinances for energy-efficient buildings. 13.2 Develop infill and compact urban form policies. 13.3 Support alternative transportation choices. FISCAL IMPLICATIONS: Adoption of the ordinances amending the Comprehensive Plan and Transportation System Plan to implement the Normal Neighborhood Plan does not have a direct fiscal impact on the City. However, external transportation improvements associated with the future build-out of the neighborhood, including the railroad crossing and improvements to East Main St, may necessitate that the City have a role in the financing and or implementation of these projects. Accordingly, the working group recommends that the City Council direct city staff, and/or an outside consultant, to quantify the overall costs of these off-site infrastructure improvements, and examine potential financing methods. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends the Council direct staff to amend the Normal Neighborhood Plan Framework, and implementing ordinances which were originally presented to Council on May 61h, to incorporate Council recommended changes, and schedule the final neighborhood plan to come back to Council for formal consideration at a public hearing on February 3, 2015. SUGGESTED MOTIONS: I move to direct Staff to amend the Normal Neighborhood Plan implementing ordinances to incorporate the selected recommendations of the Normal Neighborhood Working Group as discussed by Council, present the updated plan to the Planning Commission and Parks Department for comment, and schedule First Reading for February 3, 2015. 1 move to direct Staff to conduct an analysis of the necessary improvements to East Main Street and the Normal Avenue Railroad crossing to identify and quantify the need and possible means for public investment, and assess the overall costs and benefits that these facilities present to the entire City. ATTACHMENTS: • Working Group Memo dated 12/02/2014 (Attachment 1) • Working Group recommended land use map (Attachment 2) • Wetland, Floodplain and Riparian Maps (Attachment 3) o Normal Plan Wetlands Map (map 1) dated 10/9/2014 o Normal Plan Riparian/Floodplain Map (map 2) dated 10/9/2014 o Normal Plan Water Resources Exclusion Areas (per recent delineations) (map 3) dated 10/9/2014 • Working Group meeting minutes (Attachment4) o Minutes from 10/23/2014 o Minutes from 10/09/2014 o Minutes from 9/18/2014 o Minutes from 9/04/2014 o Minutes from 8/21/2014 o Minutes from 7/24/2014 o Minutes from 7/10/2014 o Minutes from 6/19/2014 • Public Letters and submittals presented to the Working Group (Attachment 5) Page 3 of 4 Fr, CITY OF -ASH LAN D o Jones (Mahar Homes) Letter dated 11/20/2014 o Vidmar Letter dated 11/15/2014 o ACCESS Inc. Letter dated 11/12/2014 o Vidmar Letter dated 10/27/2014 o Miller Letter dated 9/29/2014 o Mahar Homes Concept Plan dated 9/18/2014 o DeMarinis testimony dated 9/18/2014 o Lutz Letter dated 9/17/2014 o Miller Letter dated 9/12/2014 o Miller Letter dated 9/03/2014 o Boyer Letter dated 8/20/2014 o DeMarinis Letter dated 8/06/2014 o Vidmar Letter dated 07/30/2014 o Breon Letter dated 7/22/2014 o DeMarinis Letter dated 7/22/2014 o Vidmar Letter dated 7/21/2014 o DeMarinis Letter dated 7/15/2014 • The full meeting archive of the Normal Neighborhood Plan from May 2012 to the present day is available online at: www.ashland.or.us/normalplan Page 4 of 4 Ir, CITY OF Memo -AS H LAN I3 TO: Ashland City Council FROM: Normal Neighborhood Plan Working Group DATE: December 2, 2014 RE: Normal Neighborhood Plan Recommendations Vision Statement Neighborhood planning is the process by which the City works with Ashland's residents to envision the future of the neighborhood. The eventual incorporation of the Normal Neighborhood Plan area into the City depends on careful consideration of the neighborhood's unique identity and character and a holistic planning approach. The Normal Neighborhood Working Group envisions a neighborhood that is notable for the natural beauty of the area's wetlands and creeks, mountain views, diversity of households, and as an area which accommodates bicycling and walking as a reliable and convenient way to move throughout the area. Local streams, wetlands, and scenic vistas contribute significantly to define the character of the Normal Neighborhood. The quality of the place is enhanced by these features and the wildlife that they attract. Connected and contiguous open spaces should remain as central features of the area's future development as they help reflect the community of Ashland's commitment to promote environmental quality, provide recreational opportunities, and function to incorporate nature into the daily lives of the area's residents. The neighborhood should provide for a range of housing choices available a diversity of Ashland's population. The neighborhood can accommodate a blend of housing types including individual residences, townhomes, apartments, moderately sized cottages, pedestrian oriented cluster housing, and mixed-use neighborhood serving businesses. Future developments should be designed to relate to, and complement, adjacent properties. Incorporating unifying elements between adjacent developments will serve to promote neighborhood cohesiveness, provide open space in a coordinated manner, and secure an efficient circulation system. Given the immediate proximity to existing schools, parks, and local business areas the neighborhood is recognized as place where children can readily walk and bike to schools through a safe, desirable family-based neighborhood. The Normal Neighborhood Plan Working Group believes a neighborhood plan is necessary to address long-term community goals, unify expectations, and integrate the project area into the fabric of the City. The implementation standards for the neighborhood plan should be strong enough to maintain the vision for the area, yet flexible enough to respond to changing conditions and adapt over time. Normal Neighborhood Working Group 11FAWA CITY OF Memo -AS H LA N D Recommendations Land Use and Housing Density: 1. Housing Density gradation should move from south to north. This would place higher density development near the railroad tracks and within a relatively short distance to transit lines, parks and community facilities. This approach will also protect the existing viewshed. 2. Zoning designations applied within the Normal neighborhood area should be consistent with the zoning of adjacent land within the City Limits, and use zoning labels that are comparable to those used in the rest of the city while recognizing the Normal Neighborhood (NN) district. 3. Maintain option for neighborhood serving businesses and services close to East Main St near the northeast corner of the plan area. Open Space- 1. Maintain the approach toward designation of open space and conservation areas proposed in the draft plan. Amend the plan to allow non-conservation open space to be relocated requiring a minor amendment application. 2. Obtain a review of the final plan by the Parks Department prior to adoption. Design issues: 1. Maintain a maximum building height of 35 feet. 2. Encourage the development of clustered housing that integrates with open space and respects the viewshed. 3. Provide for a smooth transition between adjacent developments to promote neighborhood cohesiveness, provide open space in a coordinated manner, and secure an efficient circulation system. Transportation: I . The internal transportation system's local street network should incorporate multiple connections with East Main St as shown, and maintain the Normal Collector as designated in the draft plan. Additional connections to East Main Street or Clay Street, which are not shown in the proposed Street Framework, should require a major amendment to the Plan. 2. Internal local streets should be aligned to provide a grid pattern, including clear east-west connections. 3. Pedestrian and bicycle pathways are critical, especially as a means to connect residents with the middle school and the existing bike path. 4. External transportation improvements, including the railroad crossing and improvements to East Main St., are integral and should proceed in concert with development. However, we believe the city may need to play a role in the financing/implementation of these projects. Accordingly, as a next step we recommend that the council direct city staff and/or an outside consultant to identify and quantify: a. the need and possible means for public investment in the project, and b. the overall costs and benefits that these facilities present to the entire city. Normal Neighborhood Working Group 011AWA - -ti C I T ~F „ ASHLAND V . , nig ± M' Y' -~=--~-----1, count zonl o en oning for y - Potential Zoning for ~ Normal Plan Area ■ ~ ~I■1■I■I■I■I■I■I■I■I■1■I■I~ Ashland Middle NN-1-3.5 School - NNE j~ 0 r t • 1 3.5-C NN 1- - 3.5-C R_1 _5; v tiz a l V's NN-2 r ! - To annex as - . ~ _yo _ : a~4 .,Uburuin Reside i,ii:l - ■ r, 3 Openspace Area R -1 -3.5 ■ ■ _ NN-1-15 ■~■~■~■i■~■i■~■t■i■~■i■~ i s i - r V NN-1-5 -rT - A So R~.w Road Classifications - ~ a 1 3.5 sou Campus , k j _ tF neigborhood collector H-1-3.5. i t---_ local street I T annex as y yl ! Suburban Re~ider~ n~n~m - ~ shared street (R-1-3.5) w .S f{: , u path ~ .i r y. 'Park y~ . o annex , as A. - 1 8 _ ~n,iy Cit y Zoning r R-2 R-2 r, _ I R-1-5 _ ~ ~ ~ ~ LV1ELkkD Park ~ ~ sr 1 . C-1 i , r _ 5 C - emetery., ~~$I` r . Ao OOD- • LU R 3.5 E1 i ` 1 ASHLAN&ST c~ a A J ~R15 - ASHLAND R-2 Normal Neighborhood Plan Working Group Recommended Land Use Map o 200 400 soo 1,200 1,600 Feet Novemeber 20, 2014 CITY OF Map 1 ASHLAND Normal Neighborhood Plan Worlx-in Group 10/09/2014 Delineation does'not ndud~ this taxiUQ a { A~ I - :atlr::_ Al `♦v ~ I I I i l \ "s ~ t • 1 ♦ I ~ . t • I EI. ~ ~ ;ll - ~I - z 1E] ' j ~ 1f - 1 1 I. I ~ I l il~B , F ha,, I 3 I i ~ u ~ n x Normal Neighborhood Plan Area Water Resources (Wetlands) Significant Wetlands 2007 LWI Wetland Delineation Mahar/Livni (2014) r Wetland Buffer 2007 LWI (50ft) Wetland Buffer Mahar/Livni (50ft) Normal Plan Open Space Area r 0 150 300 600 Feet I 10(09/2014 1 1 1 1 1 1 1 1 1 1 1 1 CITY OF Map 2 ASHLAND Normal Neighborhood Ilan Working Group 10/09/2014 Delin i P - does t includ / t I this taxi ti 1i ► i II ~ ~ 1 P it x i 5 rr , a' kd i ' 1 1 ~ j t i . ,3 1-' N L tr- Normal Neighborhood Plan Area Water Resources (Riparian/Floodplains) LRiparian Buffer (40ft from centerline) Wetland Delineation Mahar/Livni (2014) ED Ashland Floodplains (Adopted) L _ ! Wetland Buffer Mahar/Livni (50ft) Normal Plan Open Space Area 0 150 300 600 Feet 1 , 1 1 1 1 1 1„ 1 1 1 10109/2014 CITY OF Map 3 ASHLAND Normal Neighborhood Flan Working Group 10/09/2014 Delineation does not include this taxlot 0.0 1.03 MAC Delineation I j does not include this taxlot I I 1 j 51 I Delineation ~does not 0.56 0.6 include this taxlot 66 ~I t 1.3 j i I ~ 0.7 j t J L Lw~ 1 - 1 ' 1 Normal Neighborhood Plan Area Water Resources Exclusion Areas Excluded Water Resources per Mahar/Livni Delineation Wetland Delineation Mahar/Livni (2014) (acreage of excluded areas provided for each taxlot) L ! Wetland Buffer Mahar/Livni (50ft) Remaining Water Resources per Mahar/Livni Delineation (Includes Adopted Floodplain, 40' Riparian Buffer,and 50' Wetland Buffer) 0 150 300 600 Feet i i i i i 1 i i i i I 10/09/2014 Minutes for the Normal Working Group October 23, 2014 Pagel of 5 MINUTES FOR THE NORMAL NEIGHBORHOOD WORKING GROUP Thursday, October 23, 2014 Siskiyou Room, 51 Winburn Way Chair Pam Marsh called the meeting to order at 4:34 p.m. in the Siskiyou Room, 51 Winburn Way. Mayor Stromberg, Michael Dawkins, Rich Kaplan, Mike Morris, Brandon Goldman, and Mike Faught were present. 1. Consent Agenda Kaplan/Morris M/S to approve the minutes of October 9, 2014. Voice Vote; all ayes. Motion passes. Marsh reviewed the process and discussions of the previous meetings. Believes we are starting the last phase of the meetings. Would like to start today by going back to the "big picture" and would like all the group members to review their thoughts on this plan, and where they want to go from here. 2. Discussion Mike Morris One issue has been, and will continue to be, affordable housing. Moving the higher density to the proposed new location might work against our affordable housing needs and requirements. He's still not happy with the streets layout. He's worried the group hasn't planned well for 20 years from now. Remembers other projects where nearby neighbors were angry about the project, but those areas are now filled with happy residents. Morris agrees that the plan has to be done, otherwise we're stuck with County requirements defining roads and open space. There has to be a plan for the area or we're planning to fail. Rich Kaplan Agrees with a lot of what Morris said. Group moved the higher density to the south when they had no constraints but dealing with both density and affordable housing might require re- thinking. This will be a 20 - 30 year process, so who knows what we'll end up with, but a good plan helps define an orderly way to make appropriate long-term adjustments. Believes the amendment process to the plan is vital. This plan is probably as good as it can get. Mayor Stromberg Discussed working on previous planning process in Napa where it was defined by livability, walkability, and quality of life. Believes the original Normal Neighborhood plan didn't speak to those values because of too many constraints and goals. Doesn't think that land use planning style plans produce good quality of life. Stromberg believes we need to do transit oriented planning and only have density surrounding transit areas. Moving the density south is a good thing because it gets people closer to transit. Minutes for the Normal Working Group October 23, 2014 Page 2 of 5 Believes we should hit minimum density mid-way to E. Main Street to keep rural character of E. Main Street. He believes the community's relationship to nature is evolving and being changed by nature. Wants the riparian corridors to be most important and valuable part of this plan. It's an opportunity to deal with urban wildlife in a creative way. Michael Dawkins Originally would have liked an agriculturally focused neighborhood, but understands that's not a viable reality. He agrees we need to have a plan in place. The discussions regarding why the Planning Commission/consultant created special zoning names was because they were trying to figure out way to have more flexibility than an average neighborhood. He's adamant that they must preserve the conservation easements. Sight corridors are very important and the conservation spaces will help that. All the property eventually will develop, maybe not for 50 years, but this plan keeps the property from being developed in unhealthy ways. He disagrees with Mayor Stromberg's desire to see East Main remain rural country road. He said East Main Street needs to be upgraded now. Pam Marsh We have an opportunity here to build a neighborhood that is a joyful opportunity for residents for years to come. Somehow we lost sight of this in all the boxes, density requirements, lines on paper. The neighborhood she'd like to see would retain the conservation areas determined by the Planning Commission, have cluster housing, and the greater density to the south to be nearer amenities and transportation options. She is not as attached as others to E. Main Street remaining rural, as it's currently unsafe and in need of upgrades. Believes that the improvements (E. Main Street and railroad crossing) can't be entirely funded by the developers, that the City will need to be a partner in those developments. She agrees that we need a plan because without one there will be separate development, lack of trails, reduced open space, septic tanks rather than sewer, etc., all things we don't want to see happen. 3. Group Discussion Group discussed why the Planning Commission suggested E. Main Street be improved with half remaining rural and half upgraded to City standards This is partly related to who owns the street and partly related to the sorts of development on each side. Group agreed the improvements are necessary because of the increased traffic from those throughout the city using this street, not just because of future traffic from this neighborhood. Marsh presented a draft set of recommendations to Council [see page 5, below]. Group reviewed the recommendations. They generally agree on the following, based on the attached draft recommendations: Density 1. Yes, density from south to north. Also group discussed maybe having density go from east to west, with higher density to the east to more closely match the nearby neighborhoods. 2. Agree with #2, but note that they will keep `NN' notation to allow the intent of extra Minutes for the Normal Working Group October 23, 2014 Page 3 of 5 flexibility established by the Planning Commission, especially to keep open space reserves. 3. Agree with this as it helps to leave the option open for the future. Open Space 1. The first sentence is okay. Goldman gave information to the group regarding the minor amendment process. Group agreed to remove the word, "without" in the second sentence. Design Issues 1. Agreed with this sentence. 2. Group discussed current performance standards required and agreed to remove, "support the use of PUDs to" from the sentence. Transportation 1. Agree with the first sentence regarding E. Main Street. Group discussed the pros and cons of a straight Normal Avenue intersecting with East Main Street. Generally agreed to leave the main neighborhood collector as not-straight, as shown in the updated plan, with the acknowledgement that any adjustments can be made through the major amendment process if necessary in the future. 2. Agreed to remove, "more of' from the sentence, as many of those east-west connections can't or won't happen in the near future. 3. Agreed with this statement. 4. Group discussed how this can be put together, financing options for implementation of E. Main Street and railroad improvements. Group discussed the next steps in this process - how the Planning Commission and Council would be involved with the review and approval. Ultimately Council may want Planning Commission to review the plan again, but Council is not required to do so. Group agreed that Goldman will draft a "vision statement" and final working group recommendations, which will be reviewed at the next meeting. This will go to Council for their review and direction on the next steps of the plan process. 4. Public Input Jan Vidmar: Her home backs up on Cemetery Creek and she's concerned with flood potential. According to the new FEMA flood map the Normal set-backs would be in her living room. She's concerned that any development would not allow water to escape, causing flooding. Also, the cottonwood and willow trees on the property currently help control water. Lastly, the many wild animals in the area need to be taken into consideration. Julie Matthews: Sees this as a jig-saw puzzle. Would like a series of overlays created, at the bottom is wildlife, overlaid with transportation, density, hydrology. Seeing how these issues effect each other might change the group's "primary objective". It could get them to be more creative in their plan. Thinks the group needs more time. Nancy Boyer: Thinks overlays are a great idea. Regarding moving the density to the south, why doesn't the bus route go on E. Main Street as a continual loop through town? If we want seniors Minutes for the Normal Working Group October 23, 2014 Page 4 of 5 to live in the area, they can't possibly navigate the steep grade changes from the neighborhood to Ashland Street. Wonders why the group brought back the issue of Normal being straight. Sue DiMarinis: Told group about wildlife she's seen recently in the area. Regarding the commercial area, there is a big difference between a mom & pop store and an assisted living facility. Those kinds of differences should be looked at. Major amendments should be required for all streets to keep everyone safe. When the city is doing analysis the whole city needs to hear it as there are costs and benefits to all of the city. Gil Livney: The costs of E. Main Street improvements should not be an issue if safety is really important. Moved here largely for the wildlife but believes in property rights. He doesn't understand why the city wants to take his property for the sake of open space. If open space is very important to the city then the city should buy it from him. Thinks roads should be less defined. Merry Hart: Is pleased with the information from today. Reminds the group that affordable housing near railroad tracks can't happen. Affordable housing is highly needed in Ashland. No one can use Federal funding with the railroad tracks nearby so moving density nearby means you've eliminated the possibility for affordable housing. Hearing that the group is considering this change is disheartening as they've eliminated much of what this city needs. Goldman reminded the group that affordable housing is required to be dispersed throughout the development and of similar type to the rest of the development. 5. Next Meeting November 20, starting at 4:30 p.m. and ending whenever the group is done with their recommendations to Council. Meeting adjourned at 6:40 p.m. Respectfully submitted, Diana Shiplet Executive Secretary Minutes for the Normal Working Group October 23, 2014 Page 5 of 5 Normal Neighborhood Working Group: Discussion Draft Recommendations to Council Presented by Councilor Pam Marsh, Working Group Chair Density 1. Density gradation should move from south to north. This would place higher density development near the railroad tracks and within easy access to existing transit lines, parks and community facilities. This approach will also protect the existing viewshed. 2. Zoning designations within the Normal neighborhood area should be consistent with adjacent lands and use the same zoning labels as in the rest of the city. 3. Maintain option for neighborhood serving commercial development on East Main St. Open Space: 1. Maintain the approach toward designation of open space and conservation areas proposed in the draft plan. Amend the plan to allow non-conservation open space to be relocated without requiring a minor amendment application. Design issues: 1. Maintain maximum height at 35 feet. 2. Support the use of PUDS to encourage the development of clustered housing that integrates with open space and respects the viewshed. Transportation: 1. The internal transportation system should incorporate multiple connections with East Main. Maintain the Normal collector as designated in the draft plan. 2. Internal streets should be aligned to provide more of a grid pattern, including clear east- west connections. 3. Pedestrian and bicycle pathways are critical, especially as a means to connect residents with the middle school and the existing bike path. 4. External transportation improvements, including the railroad crossing and improvements to East Main, are integral and should proceed in concert with development. However, we believe the city may need to play a role in the financing/implementation of these projects. Accordingly, as a next step we recommend that the council direct city staff and/or an outside consultant to identify and quantify: 1) the need and possible means for public investment in the project, and 2) the overall costs and benefits of development to the city. Minutes for the Normal Working Group October 9, 2014 Page] of 3 MINUTES FOR THE NORMAL NEIGHBORHOOD WORKING GROUP Thursday, October 9, 2014 Siskiyou Room, 51 Winburn Way Chair Pam Marsh called the meeting to order at 2:37 p.m. in the Siskiyou Room, 51 Winburn Way. Mayor Stromberg, Michael Dawkins, Rich Kaplan, Mike Morris, Bill Molnar, Brandon Goldman, and Mike Faught were present. Marsh discussed the process for the meeting, and the goal of moving to a conclusion soon. She is hoping to have this ready for the City Council meeting of December 2. The group set the next meeting for October 23rd at 4:30 pm. They discussed possibly needing to hold the meeting in an alternate location. 1. Consent Agenda Kaplan/Dawkins M/S to approve the minutes of September 18, 2014. Voice Vote; all ayes. Motion passes. Marsh reviewed previous meeting discussion. From that discussion it appears there are four remaining areas needing further information or discussion. These are: 1. Transportation 2. Affordable Housing 3. Building Height Limitation 4. Open Space 2. Discussion Transportation Faught discussed the railroad crossing. Per information obtained from ODOT, this is not as simple a process as it used to be. Ultimately, the decision is up to the railroad. He did some cost estimates for an at-grade crossing (above or below grade would increase costs dramatically). The group discussed why the City may want to proceed with the railroad crossing on their own, most particularly because the process for changing from a private to a public crossing will only get harder. Faught discussed some financing options for doing the crossing. The group agreed that the railroad crossing is an integral to the plan ever being approved. Group doesn't agree with the original plan that the area could be developed in phases, with the first phase having no crossing. Any portion of the plan will make the crossing necessary. Group discussed the East Main Street connections. Faught recommends a minimum of three connections. Group discussed whether a "less specific" traffic plan would be valuable. Faught agreed that the plan is generally more specific about road locations than most plans but that this is a good tool for developers to understand the needs of the area. Just because there is no development now, doesn't mean there won't be 30 years from now and having a good connection plan in place is important. Minutes for the Normal Working Group October 9, 2014 Page 2 of 3 Affordable Housing Goldman gave an overview of alternate ways to achieve the affordable housing requirements. Options like transferring land to an affordable housing developer (this land doesn't have to be give for free - it can be sold to mitigate costs required in getting infrastructure to the site). Group asked for Randy Jones to discuss whether the alternate options given by Goldman would make development more likely. Jones believes the requirements are still a non-starter. He believes this project needs to be a public-private cooperation, that his group could never develop it on their own. Group discussed sound attenuation possibilities in order to meet requirements for Federal assistance with the affordable housing related expenses. Building Height Limits The objection to the current height allowable was never fully resolved. Currently allowed 40' or 3 stories, rather than the more common 35' and 2 %2 stories. The taller height was a recommendation of the Planning Commission, but wasn't officially made part of the proposed ordinance. Therefore, if the Council disagrees with the recommendation they can leave the ordinance as-is. Dawkins informed the group that it was recommended to allow for more flexibility in the plan. Kaplan stated it tied in with the commercial area, so developers could have first floor commercial and still have two stories of residential above. It was a way to increase density without having to lose open-space. Open Space Goldman gave information on the wetland delineation maps in the packed, but discussion was deferred to the next meeting. 3. Public Input Sue DiMarinis: Agrees with the Planning Commission on the importance of keeping open space larger. If the open space is to be reduced the density should also be reduced. The east-west connection is likely only a placeholder as it's unlikely we'll ever get the owners to accept anything more. However, she thinks a walking path is a great idea. Would like connections to East Main to be limited to two, as that should be adequate. Nancy Boyer: Thanked the group for listening and thanked the attendees for continuing to attend. Thanked Mike for discussing the Normal Avenue traffic issues. Wonders why we continue to call it the Normal Plan when it will fall into the lap of the entire community. Gil Livney: Affordable housing is not just about the cost of that unit - each affordable house requires more profit on two others in order to make up for giving one away. Randy Jones: His group doesn't support high density. This is the edge of the urban growth boundary and he can't imagine 40' buildings. He's glad the group is meeting and considering all the needs. He would need the City to help fund this project. Believes that no developer could handle all the costs. Minutes for the Normal Working Group October 9, 2014 Page 3 of 3 Group discussed what costs Jones believes the City should pick up - including RR, Walker and Clay Street connections, sewer improvements. Howdy Miller: Do we have goals and aims for this committee? [Marsh explained that there were very specific goals] The question of should it be built needs to be answered. He's looking for fairness and balance on both sides of this plan. Is upset that more time has been about how to make it developable rather than if it should be developed. 4. Next Meeting October 23, 4:30 - 6:30 p.m. Marsh told the group that their homework is to decide what they believe a wonderful neighborhood would look like and be prepared to discuss. Meeting adjourned at 4:19 p.m. Respectfully submitted, Diana Shiplet Executive Secretary Minutes for the Normal Working Group September 18, 2014 Page] o1`4 MINUTES FOR THE NORMAL NEIGHBORHOOD WORKING GROUP Thursday, September 18, 2014 Siskiyou Room, 51 Winburn Way Chair Pam Marsh called the meeting to order at 4:33 p.m. in the Siskiyou Room, 51 Winburn Way. Mayor Stromberg, Michael Dawkins, Rich Kaplan, Mike Morris, and Brandon Goldman were present. Community panel members present included: Sue DeMarinis, Bryce Anderson, Tom Giardano, Randy Jones, and Alan Harper. Marsh gave a recap of meetings to date and explained the purpose of the panel which has been convened today. She also explained that each panelist will have 10 minutes to talk, then the working group will ask questions, and we will have a 10 minute public forum at the end of the meeting. 1. Panel Members Sue DeMarinis She explained whom she is representing, and gave an overview of the things they like in the plan and the things they don't like. (Please see attachment for full comments.) Things they like about the plan(s) or which have been discussed by the working group: • Open spaces • Density gradation (though question the need for higher densities) • Transportation connections including not having Normal Avenue be a straight shot to E. Main Street • Alteration of zoning labels to more closely reflect nearby neighborhood zoning labels Things they don't like about the plan(s) or which have been discussed by the working group: • Any straight north-south streets connecting to E. Main Street • Multiple east-west paved connectors • Density bonuses allowed adjacent to open spaces • Infrastructure costs being born by anyone outside of the plan limits Bryce Anderson He explained whom he is representing. The things his group are like or are concerned with include: • They like the idea that the Baptist church property might be developed as it's currently a fire hazard • Like that overall density has been reduced. The end result should be a plan no more dense than Meadowbrook • Like the connector path to Creek Drive and believe the shared street is important especially as it's currently very difficult to connect to the bike path from that neighborhood. • They are concerned that there is no clear idea in the plan for dealing with increased traffic on E. Main Minutes for the Normal Working Group September 18, 2014 Page 2 of 4 • Want 4-way stops on E. Main to get in and out of neighborhood • Want a center turn lane on E. Main • Concerned about density bonuses • Want to have cluster or cottage housing, and fear this could not occur with density bonuses as they would require higher density rates. • Is concerned that there never will be any public transportation in the area • Concerned that the public improvements will either be cost prohibitive to developers or the costs will have to be born too heavily by residents • Not in favor of any commercial development as there is too much traffic as-is. Randy Jones Showed a map of the properties they believe are interested in development. It totals about 40 acres. He left out properties currently occupied. He agrees that there should be no commercial development. Also agrees there should be no density bonuses allowed in the plan. Jones gave numbers including, what the improvements might cost, how many homes could be built, etc. His group believes it could be built and homes sold at reasonable prices. Unfortunately, he thinks the affordable housing requirements would be cost prohibitive, especially with the higher densities near the railroad, which would eliminate them from lots of Federal Funding possibilities. Tom Giardino Gave an overview of his background with planning and community projects. He is very against urban sprawl, there are lots of negatives when development goes outside of a city's UGB. Normal Avenue Plan area is very large and may be the last area of this size left to be planned in Ashland. His role today was to look at the community in general and he believes that the staff and the consultants did a god job in coming up with this plan. He believes, unlike some of the other commenters, that there should actually be an increase in density in the plan, not a decrease. Large lots or areas with low density won't bring diversity into this community and that has always seemed to be a high community goal. He reminded the group that previous action from the planning department and Council to allow for 2°d units really helped increase development and hopes that we'll use that higher density approach here. Giordano stated he's glad the plan recognizes the wetlands and open space. It is important details like this in a plan which make them successful. He recognizes that transportation issues will need to be worked through. Believes that East Main needs to be improved now, regardless of the plan. Giordano believes that we need to think about the general health of the community and that involves a diversity of housing types and densities. Likes the concept of commercial activities being allowed in the plan, but doesn't know for sure if it fits in with the current view. It might, however, fit in sometime in the future so we shouldn't lose that possibility. Alan Harper Gave overview of his background as an attorney, and his work with Land Use Codes. Stated every community struggles with the exact same balances this group is struggling with. Reminded the group this is an opportunity for setting a vision for the community. People don't always Minutes for the Normal Working Group September 18, 2014 Page 3 of 4 recognize what's been planned years ago and that the vision of Ashland 50 years ago is very different than it is now. We need to plan for the future and not just the present. He encouraged the group to err on the side of flexibility and willingness to innovate. It's far better if they give staff, developers, and future Councils the tools and ability to do something great. While the commercial option available in N. Mountain area hasn't worked yet, that doesn't mean it couldn't - the time just isn't right yet. He reminded the group about the fight over keeping the current Rogue Valley Roasters on E. Main Street. At the end of the day, that community gathering space is important to the neighborhood and the community at-large. It's better to find a way to leave open the option for that style of commercial building. If you zone it entirely residential those opportunities will never be available. Harper believes family-friendly communities can be created even with higher density. Part of what people love about traveling to other parts of the world is the higher density - lots of communities do it well with lots of parks and increased opportunities for livability outside of the home. Ultimately, the best this group can do is make clear rules. Without clear rules, lawyers get to highlight all the negatives. The clearer the plan the easier it will be for developers and community to get the vision. 2. Working Group Questions Group discussed affordable housing requirements. Goldman reminded the group that the mix of affordable housing styles must be consistent with surrounding homes. CDBG funds put lots of money into building affordable housing so long as the location of those homes are not in a "negative" area. Noise from the railroad being so close could be considered a big enough negative to make the area ineligible for CDBG funds. Jones stated without Federal assistance the 25% affordable housing requirement would be a non-starter for any development. Goldman and Jones will sit down together to do better informed calculations to bring back to the group at an upcoming meeting. Group discussed if there were higher density, if that would make development more possible. Jones noted this would be the case only if assistance for funding the affordable housing units were available. Group discussed the challenges of the required improvements and some of the funding options. Also discussed PUDs and that they may allow for a more creative way to maximize flexibility. Goldman reminded the group that PUDs are allowed under the original plan. Group talked about having a plan without the streets framework but determined that without a solid framework development likely would lack the connections needed. 3. Public Forum Julie Mathews: had always understood that PUDs mean higher densities. The group has been talking about density for three years - why is this discussion just occurring. Wondered if there was a current need for development in this economy. Minutes for the Normal Working Group September 18, 2014 Page 4 of 4 Debbie Miller: Is upset that the discussions have gone from "if " to "when" in regards development. People in the area haven't been able to talk until today when Sue was part of the panel. Feels like discussions of higher densities is a real compromise. People in this community do care and want the group to consider that any increase in services to this community will require more money be spent in the community as a whole. We've never talked about whether Ashland is a "town" or a "city with high density and multi-story units". 4. Next Meeting The next meeting will be held on October 9c" at 2:30 p.m. Meeting adjourned at 6:30 p.m. Respectfully submitted, Diana Shiplet Executive Secretary Minutes for the Normal Working Group September 4, 2014 Pagel of 2 MINUTES FOR THE NORMAL NEIGHBORHOOD WORKING GROUP Thursday, September 4, 2014 Siskiyou Room, 51 Winburn Way Chair Pam Marsh called the meeting to order at 4:33 p.m. in the Siskiyou Room, 51 Winburn Way. Mayor Stromberg, Michael Dawkins, Rich Kaplan, Bill Molnar, Brandon Goldman, were present. 1. Consent Agenda Stromberg/Dawkins M/S to approve the minutes of July 24, and August 21, 2014. Voice Vote; all ayes. Motion passes. Marsh reviewed previous meeting topics in order to explain how we got to today's topics. 2. Discussion items Housing Concentrations (locations and zoning) Goldman reviewed the combined map, reflecting the commonalities agreed to at previous meetings. He explained that the commercial area to the north was left in place as the group didn't 100% agree whether or not to leave it in at the last meeting. Even with it in place, the area would still primarily be residential, which means it could end up being built entirely residential but still leaves the possibility for small business developing there. Mike Morris arrived 4:44 pm. Goldman explained any business built in the commercial area would be limited in height to 2 '/2 stories, which typically means construction style of first floor commercial and second floor housing. Group discussed whether not having the commercial area removed from the master plan would prevent any commercial activity in the future. It could be changed, but would require zoning changes, which may be more difficult. Goldman showed a map correlating the plan zoning with those in the surrounding neighborhoods. Reminded the group that locating the higher densities near the railroad could eliminate some possibilities regarding Federal funding for affordable housing. Staff feel that despite those potential constraints, the higher density location could still be a viable option for development. Projected Number of Units Goldman gave overview of the projected number estimates from in the packet. The caveat is that the Latter Day Saints property probably wouldn't ever want to develop, so the total number of possible homes would be less that those reflected in the 1989 Comprehensive Plan. Group discussed all the possible challenges which could alter the projected numbers including; no changes to the lots currently owned by large institutions on E. Main Street (also meaning some potential street connections would never be built), wetlands designations, limits on density bonus transfers, limits on annexation due to contiguous lot requirements, and the potential financial burden of installing infrastructure on E. Main and the rail road crossing. Group discussed how the street system as proposed would work with only lots considered "in play" or viable. Minutes for the Normal Working Group September 4, 2014 Page 2 of 2 Wetland Studies Group discussed the wetlands studies provided by the neighbors. The 2007 delineation shows a larger wetland area than the studies. Staff explained at there is a process through the State for making adjustments to official delineation approvals. The Planning Commission, however, wanted the areas in the plan to be maintained as "open space" or "conservation" areas, regardless of actual wetland size. The Commission believed that the previous plan still left enough area viable for development, despite open space requirements. Group discussed how the area could be developed with current County standards. Discussed how roads could be built and how they would be developed to County standards rather than City standards (which means limited infrastructure). 3. Public Input Roger Goddard: is a board member of the Nazarene church and stated that the board is not interested in annexing or in developing housing on their property. Carol Voisin: Suggested that at a future meeting they have one side of the table include staff and committee and the other size have attendees able to directly as questions. Randy Jones: Is working to come up with cost estimates, but it's a bit of a moving target with each change the committee makes or suggests. The central piece of the property that Brandon pointed out in the meeting is the area he and his group are working to develop. He is hoping to come with workable numbers to the panel meeting. Evan Archard: Wondered why the un-annexed areas to the East were not included in the original plan. They are as developable as the other parts in the plan might be. Since we're re-doing the process already we should consider including the entire area from Tolman Creek to Walker Avenue. Julie Matthews: Suggested a holistic approach, recognizing the local wildlife and how they already cross in the neighborhoods. Described some ODOT crossings she recently learned about on the news. Would like the group to create a corridor from Clay Street to the middle school for the animals, perhaps a raised footprint for human travel. It would preserve the beauty of the area. Suggests we set up the preserved space before development, so it's not done piecemeal. 4. Next Meeting September 18, 4:30 - 6:30 p.m. Marsh gave overview of the plan for having this be a panel of presenters and more in depth conversation with the group. This is the opportunity for those who have been participating to "talk back" to the group. Thanked those in attendance for being willing to do this sort of meeting. She stated that the group would do their best to get questions they'd like answered out to the panel members early. Meeting adjourned at 5:50 p.m. Respectfully submitted, Diana Shiplet Executive Secretary Minutes for the Normal Working Group August 21, 2014 Pagel of 3 MINUTES FOR THE NORMAL NEIGHBORHOOD WORKING GROUP Thursday, August 21, 2014 Siskiyou Room, 51 Winburn Way Chair Pam Marsh called the meeting to order at 4:35 p.m. in the Siskiyou Room, 51 Winburn Way. Mayor Stromberg, Michael Morris, Michael Dawkins, Rich Kaplan, Bill Molnar, Brandon Goldman, Mike Faught, and Scott Fluery were present. Marsh gave overview of the previous meeting topics and what is on today's agenda. Stromberg explained that Dave Chapman had been invited to tell the group about the Transportation Systems Plan but was unable to attend due to family obligations. L Discussion items Goldman introduced the traffic plan as originally proposed. Explained that the streets were established based on the densities in the plan, 300-400 foot blocks, and modifications around the wetland areas. Molnar noted that the "concept" plan in the packet reflects density changes previously discussed by the group and that with any additional density discussions the plan would need to be altered. Marsh stated that the discussions today would surround three topics: • Improvements on East Main Street • Internal circulation, including the possible extension of Normal Avenue to East Main Street • Railroad crossing Railroad Crossiniz and East Main Street Improvements Group discussed the railroad crossing and the Planning Commission's intention that annexation only be approved when/if the State give approval to change the crossing from private to public and the City has a financing plan in place to make the required improvements. Dawkins did note that this was a conflict with the Transportation Commission recommendation. Group discussed financing strategies for both the railroad crossing and East Main Street improvements. Fifty percent of the cost for the railroad crossing could be covered by SDC funds, while only fifteen percent could be covered by SDCs for the East Main Street improvements. The rest of the costs could be borne by the developer with the new Advanced Financing option the Council recently approved. Faught explained some of the discussions he's had with ODOT Rail regarding the change from a private crossing to a public one. He will try to get the requirements for that change in writing. Faught also discussed Advanced Financing and how it has a time limit (with Council projects it's 10 years plus a 10-year extension). Because of this time limit, the City should time the project so that we have the best chance of seeing those reimbursements. He also reminded the group that the location of the crossing cannot change. Group discussed challenge of deciding what the City should take on for the public good versus what a developer could/should take on. The group expressed concern that requiring a developer to take Minutes for the Normal Working Group August 21, 2014 Page 2 of 3 on both the railroad crossing and East Main Street as that would likely eliminate small developers from developing in this area. Internal Circulation The current plan, which does not have Normal Avenue connect up to East Main Street was approved by the Planning Commission because it wanted as much traffic calming as possible. A straight Normal Avenue would lack calming influences and would change the current character of nearby neighborhoods. Group discussed how older neighborhoods in town are frequently the most desirable and they are all built on a grid system. This is probably something to emulate. Group discussed preferring four connections into the neighborhood from East Main Street, as well as the additional East-West connections shown in the concept plan. Group discussed possible traffic calming measures (traffic circles, no left turn, a wider collector street nearby, etc.) which could be used on Normal Avenue. Faught explained that the traffic engineer was highly concerned that, no matter what traffic calming measures are put in place, if Normal Avenue connects to East Main Street it will become a main collector street taking on lots of extra traffic beyond just those who live in the neighborhood. The group requested time to review the engineer's opinion. 2. Public Input Debbie Miller: is concerned with how the traffic on Normal is calmed. Also concerned that there are no Clay Street improvements required. Wondered if anyone had talked to the Later Day Saints church to see how they felt about a road running through their ball fields. Was concerned about changes caused by the new streets effecting the safety of school bus travel and turnarounds. Howdy Miller: Was concerned that the exits onto E. Main Street from the neighborhood are all on a curve and a hill, and therefore difficult and dangerous. Barry Viteov: Believes the density discussion needed to take place before this traffic discussion. Randy Jones: Is in favor of the 20 year plan for financing, as it would help them develop and be reimbursed. Recognizes that there has to be enough logical, developable land to make this work financially. Nancy Boyer: Like she stated in her e-mail, only talking to the Normal Avenue neighbors is too limiting. Why aren't we calling it the "Urban Growth Boundary" group to interest residents from around town to participate? Also wants all documents submitted available for everyone to read. Bryce Anderson: With new changes, extra density, etc. we need public transportation in this area. Wondered if East Main Street at its present size would be able to accommodate the changes planned on Clay Street. With the current plan of only having sidewalk and bike lane on one side of East Main Street, entrances will need to have lights for the safety of bike riders going the wrong direction in the bike lane. Julie Matthews: Wants the street shown as currently cutting through the Latter Day Saints church lot to be removed from the plan as it will never exist, so you can see the real lack of connection. Is concerned with whether stop signs will be located in certain areas of the plan. Wondered why the railroad isn't in use, would like to see light rail in operation. Minutes for the Normal Working Group August 21, 2014 Page 3 of 3 Dale Swire: Traffic circles and curvilinear streets have been used effectively for traffic calming in other places, wants them considered here. 3. Next Meeting September 4, 4:30 - 6:00. Topic for discussion will be density September 18, 4:30 - 6:30. Marsh would like to have a "panel of experts" share their views and interact with the Group to help mold the plan. This is a balance between keeping the discussions only within the Group, and allowing everyone from the public to have longer discussions. Reminded everyone they always read whatever is submitted in writing. On the panel she would like to have: 1 Neighborhood representative from within the Normal Neighborhood 1 Neighborhood representative from the nearby neighborhoods 1 developer 2 "good observers" from the community The group agreed to this plan and to allow Marsh to work with staff to determine the participants. Meeting adjourned at 6:01 p.m. Respectfully submitted, Diana Shiplet Executive Secretary Minutes for the Normal Working Group July 24, 2014 Pagel of 3 MINUTES FOR THE NORMAL NEIGHBORHOOD WORKING GROUP Thursday, July 24, 2014 Siskiyou Room, 51 Winburn Way Pam Marsh called the meeting to order at 4:03 p.m. in the Siskiyou Room, 51 Winburn Way. Mayor Stromberg, Michael Morris, Michael Dawkins, Rich Kaplan, and Bill Molnar were present. Chair Marsh gave overview of why the agenda for this meeting was different than was discussed at the end of the last meeting, due to scheduling challenges. 1. Consent Agenda Morris/Stromberg M/S to approve the minutes as presented. Voice Vote; all ayes. Motion passes. 2. Discussion items Molnar gave presentation on how the current greenway/open space plan came about. The natural areas are pivotal to this location and so need to be integrated into the plan. Paths were chosen as part of the plan in order to allow for interaction with the natural environment. He explained how the term, "conservation area" is from the current Comprehensive Plan, but staff do realize that we might need to reconsider using this term as the areas in question may be used for alternative uses (gardens, open space, parks, etc.) Molnar explained that the wetlands as shown on the plan were determined by state statutes. They are not necessarily 100% accurate as property owners needed to give the state permission to access their land, and not all did. He noted that Ashland a very high percentage of property owners who did give permission for access. They looked at both the floodplain corridor and the riparian setbacks and picked the wider of the two, when establishing the current plan. Molnar explained the process for how the wetlands boundary can be altered, using either minor amendments or major amendments. The group discussed the importance of the wetlands, as more than just a wetland - they are conservation and wildlife corridors. The group discussed density and how changes to the current density may occur based on the wetland areas on each property. Group discussed density bonuses and their use for protecting or enhancing conservation areas. How a smaller amount of wetland than currently determined can be restored to a higher level in order for a builder to transfer some of that space into space for building. Group discussed changing the language of the plan from "conservation area" to "open space" or "community space". They would like to match it to already in-use definitions. Mayor Stromberg discussed the possibility of using "performance standards" option in creating this plan. Marsh reminded the group that the delineation of wetlands/conservation space is 25% of the area of this plan, when a typical project only has 5% - and this higher amount does not include any of the un-developed parts of each home lot. Group discussed transportation elements which cross and/or involve the conservation corridors. Molnar reminded the group that transportation goals and natural area goals tend to be in conflict with one another. Local communities have the ability to mitigate other areas of the natural corridor Minutes for the Normal Working Group July 24, 2014 Page 2 of 3 for streets which cross the wetlands. The challenge in this plan is that nearly any east-west street is going to encounter a conservation area. The group discussed how this is the first plan since the riparian ordinance was put into place and what challenges that brings about as well as how it makes this plan different than plans of similar neighborhoods. 3. Public Input Randy Jones: has property in the plan and has done a wetlands delineation with the State. He gave a copy to the community development department and wants it taken into consideration. He doesn't agree with the current delineation. States that there is no naturally occurring stream in the area, it is all storm water, run-off from the city, and "lose" TID water. If those were diverted or controlled the wetlands would shrink. Jan Vidmar: her current house would never have been built under current riparian ordinance as she's in the floodplain. She's concerned that there has been no discussion of flooding. Also is concerned that any changes in the area could cause water backing up which would increase the chances of flooding in her area. Julie Mathews: the group needs to look at the difference between concepts and the actuality of the area. They need to determine better definitions of buffer zones. The whole area is on the down- slope, catching all the runoff from the upper areas of town. Trading densities does not effect what the land and water are going to do - floods happen. She would like the group to keep as much buffer/wildlife areas as possible. She would like the plan to work out 100% of what is going to go on with the wildlife areas as a whole, rather than have determinations made parcel by parcel, that way rights can be divided equally. Gil Livney: also had the State do a delineation of the wetlands on his property and after closing a storm drain they determined there were none, which means the plan is incorrect. The character of the land doesn't change from year to year based on water. Wondered why the group was talking about taking land only from this area for wetland restoration, he believes we should be taking it from the whole of the city. Said there are not two creeks in the area and that creating this map without understanding the reality of the land is not okay. Debbie Miller: every property in the area has been purchased with the knowledge of where the wetlands are, and it's disingenuous to say otherwise. Sue DeMarinis: delineation of wetland areas during a drought is ridiculous. She showed an aerial photo from 2012 showing how green the area typically is. Stated density bonuses need to be reconsidered - higher densities should not be allowed near the conservation areas. Roads are necessary for connectivity but should be worked around what is going to be used and what natural resources we already have. Nancy Boyer: thanked the group. She is invested in the area. A few years of wet weather, even though we're currently in a drought, will bring back many of the wetlands which should be protected. 4. Future Meeting Dates The next meeting will occur on August 21, at 4:30 in the Siskiyou Room. Minutes for the Normal Working Group July 24, 2014 Page 3 of 3 Mayor asked if it was okay with the group for him to invite David Chapman to speak to how the transportation plan was created and how it affects this plan. Group agreed to the initiation. Meeting adjourned at 6:05 p.m. Respectfully submitted, Diana Shiplet Executive Secretary Minutes for the Normal Working Group July 10, 2014 Paget of 2 MINUTES FOR THE NORMAL NEIGHBORHOOD WORKING GROUP Thursday, July 10, 2014 Siskiyou Room, 51 Winburn Way Pam Marsh called the meeting to order at 4:34 p.m. in the Siskiyou Room. Mayor Stromberg, Michael Morris, Michael Dawkins, Rich Kaplan, Brandon Goldman, and Bill Molnar were present. Mayor appointed Councilor Marsh as chair pro-tem. 1. Consent Agenda Dawkins/Kaplan M/S to approve the minutes as presented. Voice Vote; all ayes. Motion passes. 2. Discussion items Marsh reviewed the focus of each meeting agreed upon at the last meeting. She explained the mapping "homework" she asked each of the group members to do, requesting that they filled out a map of the area as they would like to see the zoning and housing concentrations. She noted that the group is not wiping the slate clean, but rather were using this exercise to find out their places of agreement. Each group member explained their maps and shared the reasons for locating densities in the plan. They also discussed connections with areas outside the plan. Marsh thanked the group for their participation and appreciated their creativity. The group discussed annexation pros/cons. They discussed why this plan was being done even without complete annexation. They discussed how annexation has density and affordable housing requirements and how that is reflected in the plan. The group discussed commercial zoning in the plan. Asked staff for examples of the types of businesses allowed in the current plan. Staff explained that the types would be limited by size and probably wouldn't come into play until there was a high enough build-out of homes in the area to make businesses viable. The group discussed whether or not it was important to keep commercial zonings in the plan. Group discussed the things they found consensus on within each of their maps from the mapping exercise. They included: • Transition from south to north in density (i.e. higher densities closer to Ashland Street and amenities) • Maintaining the East Main Street view plain (i.e. lower densities along East Main Street) • Moderate density levels in the interior of the plan • More grid-like streets for better connectivity • Use of zoning language more typical of the rest of the city's zoning labels • Maintaining of open space - they will discuss this further in their upcoming conservation discussion Minutes for the Normal Working Group July 10, 2014 Page 2 of 2 The group requested that staff see if they can do a "joint" map, using all the maps provided by the group. They would like to then see who that plan compares to the overall density goal. They would also like staff to make the plan using the traditional R-1, R-2, etc. zoning designations. 3. Public Input Barry vitcof: thanked the group for their work. Appreciated it's challenges as the discussion reflected art vs. science of the plan. He prefers annexation and is concerned with how this fits into the context of the entire city, not just this small area. The plan currently focused outside in, he would like it focused inside out. Randy Jones: likes the process so far. He hopes this plan becomes something more like N. Mountain and less like Croman by having the group be connected to the people who actually own the land there. Sue DeMarinus: Appreciates sustainability as part of the plan. Thinks there needs to be either parks, with garden plot space for community gardening, or room for food gardening in each back yard. The group should have placeholders in the plan for keeping the open space for a sense of place. She is concerned that with a grid-like street system, and with no school to slow it down, the traffic will be too fast. She appreciated the circuitous street plan for the potentially slower traffic patterns but understands and appreciates the need for more connectivity. She wants the group to remember "like next to like" when transitioning from nearby neighborhoods. 4. Future Meeting Dates The group decided the next meeting would occur on July 24 at 4:00 pm, in the Siskiyou Room. The meeting following will be August 21, at 4:30 in the Siskiyou Room. Meeting adjourned at 5:55 p.m. Respectfully submitted, Diana Shiplet Executive Secretary Minutes for the Normal Working Group June 19, 2014 Page 1 of 2 MINUTES FOR THE NORMAL NEIGHBORHOOD WORKING GROUP Thursday, June 19, 2014 Council Chambers, 1175 E. Main Street Mayor John Stromberg called the meeting to order at 3:19 p.m. in the Council Chambers. Pam Marsh, Michael Morris, Michael Dawkins, Rich Kaplan, Brandon Goldman, and Bill Molnar were present. Mayor appointed Councilor Marsh as chair pro-tem. 1. Group Scope Chair Marsh gave an overview of why this group was formed. 2. Public Input Discussion The group agreed that as is a working group with limited meeting time they will gladly accept input from anyone outside of the meeting, but will limit public testimony in the meetings to 10 minutes at the end of each meeting. 3. Outline Scope of Review Things the group would like to use these meetings to work through (i.e. the fundamental assumptions the group has to work with): • Density • Transportation and connectivity • Other subjects which tie into density and connectivity: a) Railroad crossings ( is the ability to move them or not a deal breaker? what are the financing issues?) b) Role of a master plan processes (how to make one that doesn't sit on a she] t) c) The role of open space and conservation areas d) Zoning of area lots e) East Main Street (how will we develop, use, and improve it?) 4. Beginning Density Discussion Staff gave overview of the history of the density of the area. The group discussed how the original comprehensive plan's expected density may have been altered due to development which has occurred in the area since that time and how the Planning Commission process worked through density issues. Staff also informed the group how the RPS plan ties into the density requirements. The group discussed options for housing for families and the need for a wide variety of housing options. 5. Future Meeting Topics The group will focus on one topic per meeting: • Density • Transportation • Conservation • Master Planning on this site • Report backs and follow ups 6. Public Input Randy Jones, property owner in the Normal Avenue area, likes how the group has broken out the discussion topics. He and his group have lots of thoughts and the 10 minute constraint won't work for him but he will give staff information he hopes will help the group come to good solutions. Minutes for the Normal Working Group June 19, 2014 Page 2 of 2 Bryce Anderson, 2092 Creek Drive, would like to see all the items listed in the Council minutes discussed. He would like the group to consider additional areas nearby which may have an impact on this area. Would like the committee to consider practicalities of open space area planning, he talked about how lawn was approve by Council to be planted around the cottonwood trees in his subdivision and now his homeowners association have incurred high costs to do wetland reparations for needing to remove the dead cottonwood trees. Also the wetlands area above Clay Street is an eye-sore. Carol Voisin, 908 Fox Street, wants to reiterate that the list of Council concerns each be addressed. She is also concerned with limiting public participation to only 10 minutes. Julie Matthews, 2090 Creek Drive, was under the impression that they were going to have more participation in the meetings, and finds the limitation on that to be insulting. She will do her best to submit things in writing to staff so that the meetings can move faster. She thought that the public would be allowed to participate more in the process as a way to break out of the old paradigm. If the committee starts talking about developing things and costing the tax payers lots of money for a relatively unknown part of town, they will get lots more people coming to the meetings upset. She would like to see one or two of the folks from the public on the committee so that they can participate in the discussions. 7. Future Meeting Dates The group decided to try meeting every other week, starting: July 10, 4:30 pm, Siskiyou Room July 24, 4:00 pm, TBD Meeting adjourned at 4:28 p.m. Respectfully submitted, Diana Shiplet Executive Secretary 11/20/2014 Zimbra Zimbra goldmanb@ashland.or.us Normal area plan From : Randy Jones <randy@maharhomes.com> Thu, Nov 20, 2014 02:12 PM Subject : Normal area plan To : Brandon Goldman <brandon.goldman@ashland.or.us> Brandon and Normal Area Study Committee , I am out of town on a pre scheduled vacation this week, but would like you to consider these thoughts as you do final deliberations. 1. Infrastructure financing for off site improvements should be part of the SDC permitting process and not in addition to such charges. Public financing of such would insure completion vs. trying to do a patchwork of private financing that may never come together. 2. Proper and legal delineation of wetland and riparian areas should be used in formulating setbacks and infrastructure design and cross access points. The arbitrary conservation zones are not workable. 3. Density allocations has moved all over the map based on neighbor inputs and commission, council, committee inputs. I am not sure consensus has been achieved even now, so that could be a sticking point moving forward. 4. The affordable housing requirements will quite possibly make the entire process a mute point. For now it doesn't work for anyone trying to annex land in this area. The proximity to the railroad tracks makes public subsidy unrealistic. There is no where near enough margins to absorb this burden privately. These are all points we have discussed at numerous meetings over past two and half years. Thank you for your service to the community on this complex plan! Respectfully, Randy Jones Mahar Homes, Inc. 541-210-0459 https://zimbra.ashiand.or.us/zimbra/h/printmessage?id=78655&xim=1 1/1 11/17/2014 Zimbra Zimbra goldmanb@ashland.or.us Normal Neighborhood Plan From : Janet Vidmar <jan201O727@hotmai1.com> Sat, Nov 15, 2014 09:29 AM Subject : Normal Neighborhood Plan To : pam@council.ashland.or.us, goldmanb@ashland.or.us, john@council.ashland.or.us, mike@council.ashland.or.us, rpkaplan46@gmail.com Dear Working Group Members, As the approval for the Normal Plan is drawing near, I have a few thoughts to share. As I drive around this area, I notice more signs for land sales. Not only is there an updated sign by Coldwell for the acreage backing up to East Main by Chautauqua Trace, but the Pierson's 200+ acres is now on the market. The working group has focused away from East Main and toward Normal Street, and I am now wondering if the plan should change. The discussions have favored keeping a more rural feeling to the edge of the Normal Plan but perhaps this no longer should be a compelling reason to avoid development along East Main. I think that the rural nature of the properties will be changing soon, and that East Main will be improved to accommodate that development on both sides of the road. The Normal Street access is too small and narrow for the bulk of traffic, so it makes sense for the most development and major access to be on East Main. The Baptist Church property is the easiest developed, flattest, and will have the best road access. It will also have the least impact on the Cemetery Creek drainage, as the fields are dry and ready for development. As the plan proposal stands now, the densest development is closest to the Normal Street access, instead of East Main. I think that the densest should now be shifted to directly on East Main, away from current neighborhoods. This would perhaps also satisfy affordable housing if away from the railroad tracks and onto East Main. It would also provide for future public transportation if the majority of housing units were on East Main. Thank you for all you do, Jan Vidmar 320 Meadow Drive https://zimbra.ashiand.or.us/zimbra/h/printmessage?id=78350&xim=1 1/1 3630 Aviation \Vay enc P,O. Box 4666 Medford, OIZ 97501 Helpr►ig People Help Themselves November 12, 2014 I Dear Normal Neighborhood Working Group, ACCESS would like to submit the following comments and recommendations to you in response to your most recent meeting discussions that took place on 10/23/14. During this meeting, a Draft document containing Recommendations to Council was reviewed and discussed. Merry Hart, ACCESS Housing Analyst, was in attendance at this meeting. ACCESS develops, builds and manages affordable housing throughout Jackson County. Your ! 1 recommendation to move higher density housing parcels adjacent to both railroad tracks and j wetlands raises several concerns. From the standpoint of raising funds to build affordable housing, this location would almost certainly preclude the possibility of securing public dollars to construct in this location. The reason for this is that neither State nor Federal funding sources will support building affordable housing next to railroad tracks, as it is not considered a desirable location. Mitigation efforts (sound attenuation, etc.) are not considered relevant to this policy. This means, for example, that the City of Ashland would not be able to use its Community Development Block Grant dollars on a project so located. We also understand that the City of Ashland has conducted studies indicating that the city has a high need for more multi-family developments and higher density housing. The Normal Neighborhood is well suited to allow the many types of zoning that could accommodate this need in a thoughtful, planned way and have it be compatible with existing neighborhoods. There was also discussion about commercial development. As a policy matter, ACCESS supports the careful integration of appropriate commercial enterprise into residential housing developments. There was concern that an assisted living facility could be allowed and someone in the audience objected to that stating "a mom & pop store has a very different Impact than a 100 unit assisted care". It may be useful to know that there are many memory care facilities that are much smaller, serving 15 or so residents, and that they might be a very nice fit in the neighborhood. We support and agree that the City should play a role in the financing/implementation of transportation improvements that will need to be made to East Main and the railroad crossing. i Office: (541) 779-6691 PAS; (541) 779-8886 a ccB #111194 ~ TAX 1D# 93-0665396 rvNv,;Ai. access-inc. org One final thought is related to the July 19, 2013 proposed rule issued by HUD (Department of Housing and Urban Development) concerning how HUD-funded jurisdictions must undertake some analysis in their communities. The proposed rule identifies four areas for local action: 1. Improving integrated living patterns and overcoming historic patterns of segregation 2. Reducing racial and ethnic concentrations of poverty 3. Reducing disparities in access to community assets such as education, transit access and employment, as well as exposure to environmental health hazards and other stressors that farm a person's quality of life. 4. Responding to disproportionate housing needs by protected class. In response to this rule, the Fair Housing Council of Oregon has developed a checklist for local jurisdictions to use in reviewing their land use and subdivision ordinances and related practices. It is called "Examining Local Land Use with a Fair Housing Lens", www.fhco.org. A review of this information could be beneficial to all, before solidifying recommendations to the City Council. We appreciate the planning efforts that have taken place and look forward to following the progress of what is sure to be a well thought out and inclusive neighborhood. Sincerely, t/ - Cindy Dyer Housing Director ACCESS r 10/2812014 Zimbra Zimbra goldmanb@ashland.or.us Normal Neighborhood Working Group From : Janet Vidmar <jan2010727@hotmaH.com> Mon, Oct 27, 2014 08:43 AM Subject : Normal Neighborhood Working Group 1 attachment To : goldmanb@ashiand.or.us, rpkaplan46@gmaii.com, pam@ashland.or.us, mike@council.ashland.or.us, john@council.ashland.or.us The October 23rd. working group meeting was excellent, with enlightened discussions. As always, I appreciate your dedication. I felt badly that Mr. Livni expressed concerns that the wildlife corridor and wetland may impede his property development, I know that is not the intent of any of the neighbors. My concerns regarding the flow of water through Cemetery Creek come from my reading of the submitted Livni and the Mahar wetland studies. Areas of wetland have been documented as changed, but Cemetery Creek is still jurisdictional, and its role in dispersing water and providing a wildlife corridor are important. Cemetery Creek was a drainage for uplands long before roads, ditches and buildings impeded the water's progress. To keep the corridor open for wildlife, existing cottonwoods and willows need to stay in place for habitat and cover. This refers to the low areas on either side of the Creek, which would already be within the allowed setback guidelines. The cottonwoods are native, and help to soak up water. The willows help to shore up the banks. The land downstream, including the Livni property, would maybe require conduits as part of the development so that high water can exit and not back up. I don't see this as a deterrent to housing, but a guideline. Please refer to the FEMA Floodplain Map of 05/03/11. Some of the neighbors on Cemetery Creek have seen water rise quickly, and then flush. Our hope is that water as well as wildlife will be taken into consideration, and that development can proceed in an enlightened manner. Thank you for all you do, Jan Vidmar 320 Meadow Drive 541-301-3271 Flood Zone Comparison Map 5-11.pdf 536 KB httpsi//zi mbra.ashiand.or.us/zim bra4Vprintmessage?id=76647&xim=1 1/1 10/2/2014 Zimbra Zimbra goldmanb@ashiand.or.us More questions From : Howard Miller <hmiller@jeffnet.org> Mon, Sep 29, 2014 09:42 AM Subject : More questions To :John Stromberg <john@council.ashland.or.us>, Pam Marsh <pam.marsh@gmail.com> Cc : brandon goldman <brandon.goldman@ashland.or.us> Good morning, Mayor Stromberg, Councillor Marsh and Brandon, After the last meeting, I listed several items of concern that many of the residents of Normal Ave. and surrounding neighborhoods feel have not been adequately addressed by the working group. Most have been mentioned at various sessions, including the one Sept. 18, but little has been done to resolve them. (We in the audience were disappointed that the discussion after the 10-minute presentations revolved around increasing the density of housing from what Mr. ]ones, representing the Mahar company, had proposed, and dealing with the affordable housing clause he said the company could not meet). I can not see how any workable conclusions will be reached (and that may not be possible), until these concerns are seriously considered. The quality of life for the residents of the entire vicinity needs to be weighed against the indeterminate goal of satisfying vague RPS goals. Here are some discussion topics: Traffic Clay Street from East Main to Ashland Street-no improvements have been mentioned, yet this narrow street would carry many more cars and perhaps pedestrians. Clay Street at Ashland Street-if the State sees much more traffic, which there certainly would be, they make may good on their threat to close the east-bound turn possibility. Ashland Street and Normal Ave.-the increased volume of traffic would certainly warrant a signal there; who pays? Normal Ave. and Homes-Hunter Park and Walker School generate a lot of foot and vehicle traffic already; letters have been written by nearby employees concerning safety issues there. Drainage/sewage problems Meadowbrook subdivision has never resolved the problems; would additional pressures on the lines be adding to their woes and causing new ones? https://zimbra.ashiand.or.us/zimbra/h/printmessage?id=74711 &xim=1 1/3 10/2/2014 Zimbra Financing The true costs for an upgraded RR crossing and the improvements to East Main have not itemized; several estimates have been mentioned, which vary by hundreds of thousands. That does not include the other streets and intersections mentioned above. If the city decides to approve the Advance Financing, the pressure on the builders to get the housing in and pay back this sum will be great; instead of a long term build out, as the city projects, construction would be immediate and probably complete. But, since we know the housing is not needed now in the inventory, what if the units are not sold and the contractors can not pay this loan back? Does the city have any history of extending financing to contractors? Impacts This would be the largest subdivision by far in the city; the overall impacts have yet to be discussed. The Comp Plan discusses open space, retention of view sheds and significant natural features, wildlife corridors, urban agriculture (such as community gardens and small scale commercial plots to decrease local food insecurity) etc., as community values. Yet, future housing needs have been the main topic, other values have not received much consideration, except as to how to site dwelling units around creeks, wetlands, and other important natural places. What precedent would the city set if it allowed this annexation before the land is needed in the inventory? Targeted Population What type of housing is in most demand now, and who are potential renters/owners in the future? Families, for the most part, do not want to live in 3rd floor apartments. Seniors may be hesitant, also. Right now Ashland has a dearth of younger middle- aged adults with children and a shortfall of housing options for low- income younger people. Will that continue? Last thought Does Ashland want to retain its touted "small town character and charm", or become a city with high rise apartments, shopping centers, and other urban amenities, even at the perimeter of city limits. Having both is not possible, but if design concepts that favor the latter are adopted, the decision will have been made. I know, these are not new issues, and I may very well have omitted some, but even this number and complexity make for a difficult task to complete to anyone's liking. I just hope adequate time is taken to recognize and https://zimbra.ashiand.or.us/zmbra/h/printmessage?id=74711 &xim=1 2/3 10/2/2014 Zimbra deal with them, and perhaps admit some are not solvable. Thanks for listening, Debbie https://zimbra.ashland.or.us/zimbra/h/printmessage?id=74711 &xim=1 3/3 Mahar Homes Submittal dated 9/18/2014 Alternative Development Plan: Submitted as part of the Working Groups Panel discussion on September 18, 2014 xara S 0 r+ r~rr ~~-.f c~ & rata c.nr:a:~. r • _ __--~L..--_..:~._.~. ! zn~ Il ~ J nvraa; 1 I y: I i ff a s q= r 1 i I ~ i ~ 1 r r'a ! I i 5'4 f~!r YMh' 1 I 1 I TAV'L~"~S rinn; j I • 1 I =LMV 4 t EJ i ~1 t l .•x..::~/4llfsl/114'lf+'4G~ "'`•~a 4 t. l /ff S° ~ s IVE 11'ANU AREA rxv ~•s RIPARIAN SUTRACK j .1 a i n+=~es t ; R-1-5 Z0NING (7.57ACRES r ti` ~ v, k S i 27AC RL ) 'INC t R-2 GC~N R-1-3.570NING(24 59 ACRES) ❑ G ~ c Norma{ &ighbirhood Working Groin Meeting September-18, 2014 IYorm~/Ave. NQighbQrho„Qd Comm~en~• ,gage i13.. - . 1. What have we heard that WE LIKE in the current plan for Normal Neighborhood? a. Qpffl Community Snaces - We applaud the committee for retaining the outlines of the open spaces of the Wetlands and Creeks, including their 50' buffer zones. We encourage tho committee to keep the green as outliner!, regrrr6J c % +?f any re-designations that may occur now or In the future. We believe the open spaces are integral in a community; and having them delineated on the master plan map, as the spaces around them urbanize, will assure an. environmental balance in a livable community. In addition, we praise the comments by the committee to construct a connecting corridor. for wildlife between the open spaces so their habitats don't become isolated and deteriorate. More porous pathways, either decomposed granite trails, grass pavers, or elevated boardwalks, would add to the walkable neighborhood quality of life for both human and animal users. b. Deny Gradation - We applaud the recognition of the proximity of the northern end of Normal Ave. to its rural neighbors, and the proximity of the southeastern end of Normal Ave. to the more developed city limits. t?rrrrtroting a tT y r rw6 ifl>,,n (both south to north and lateral to central) and affordable housing € (NN-1-3.5), along the central swath of the New Normal Collector- area of the Plan, will safeguard the existing rural 1 community and landscape. Not all affordable housing Is multi-family high density. There are many programs out there, for an affordable housing developer to take advantage of, that provide assistance with building single family homes or cottage-type multi-family detached homes, e.g. Habitat for Humanity, Access, Inc., Ashland Community Land Trust, and Rogue -Valley Community Development Corporation. Cottage Housing Is designated in the'2013 Unified Land Use Ordinance as "single story, or one to one and 1/2 stories, or single story plus a loft. Building height not to exceed 18'. Roof pitch. may extend up to 25' at the ridge." We agree that the interior of the Plan area - along the New Normal Collector Road, should be zoned as NN-1- 3.5 with a maximum density of 7.2 DU (dwelling units) /acre. HOWEVER, reclassification along existing Normal Aver should reduced from NN-1-3.5 to NN-1-5, with a maximurn density of 4.5 DU/acre, as given in the Greene Subdivision, since prior construction, In this area of large lot/single-family residential homes, already exists as well. These reclassifications will have the Normal Neighborhood Plan more sensibly approximate the future needs analysis of housing, as outlined In the 2011 City of Ashland Buildable -Lands Inventory, which already shows an excess of required buildable land for our 20 year buildable supply. This more practical plan for density zoning will fit with the original intent of the Normal Neighborhood Plan, as well as AMC 18.74 - Prevention of inconsistent and disruptive designs In residential areas, to have "like next to like" with single family homes across from existing single family homes, We are grateful someone actually asked the question at the last meeting regarding the likelihood of which parcels will actually develop. Some of our constituents feel so strongly opposed to ever converting their land that discussions of putting limitations on development "in perpetuity" have surfaced. It certainly would be better for the master plan to know what the intentions are of the existinf land owners. Perhaps a mailed survey to property owners within the Normal Plan would help in the final design. c. Transportation Connectors - We approve of the circuitous New Normal Collector road that immediately meanders to the east of the RR crossing, along' with Its traffic calming measures of round"abouts, planter islands, stop signs, and speed bumps. This north-south through street should be'deslgned to follow the most likely.areas of development and provide safe-connectivity to E. Main St. without negatively impacting the unique characteristics of the current community on Normal Ave. We agree with the planning of any offset street grid patterns, which would also help to decrease any vehicular speeds through the neighborhoods. We agree with the elimination of the sharc;it s1i-eet adjacent to cnfer wetlands. Access to housing will be adequately provided by the New Normal Collector. We agree that the 4U]d Normal ,Ave. should NOT ~.r? beyond its current terminus~and O vith E> ?la l;> St. This would not only be a dangerous egress onto a blind curve, but it would detract from the quality of the current rural neighborhood with cut-through traffic zooming by established residences. d. Zoning Language - We agree with the Working Group that the use of zoning language more typical of the rest of the City's zoning labels should be Implemented in the Normal Neighborhood Plan, using the NN preface to Identify properties within the . I` k: Norma►Ave, Ne►ahborhood Comments: page 2/3 2. What ba rri rs to agreementdowe see with the current Normal Neighborhood Plan? a. Str&q Cca -'IW1 I - Coy ec - Any straight through connecting street would produce a high volume of traffic that would be utilized by more than any development in the Normal Plan. Many reasons make this a barrier to our agreement with the Plan. Firstly, traffic would egress onto E. Main St. at a blind curve. Secondly, the widening that would be required for the traffic load would encroach onto already existing buildings, yards and set- backs. Thirdly, the neighborhood walkability and safety would be greatly reduced by random cars ignoring speed limits and increased traffic volumes. b. Multiple E-W Pave Connectors - We oppose so many east-west connectors throughout the Plan. If the connectors are truly for the development, then only one to Clay St. and one to Normal Ave. are needed. All other confaection shoMi€3 i'-. 11; tb "alkabill'o. -1gW I community. If the Open Space design actually RESPECTS the natural resource and wildlife corridors/ habitats, then ONLY the New Normal Collector and footbridges should cross over these sensitive areas. Additional access would be available from the main New Normal Collector and small side/shared streets off of Old Normal into the newly developed o - jr;) err 'vlth connections across tho open laaces by babltaat-svaasitiveiy designed foo~ La; for bl or. ,,2ztOans. Then, we would truly have safe streets to share with vehicles and pedestrians since there would be no cut through vehicular traffic, only foot traffic crossing the Open Spaces. East-West local streets would then be aligned with foot paths and connected as a walkable neighborhood. We disagree with the Plan as currently designed with spa ni any east-west connections which disctmrage the pTodu<ctivit of farming and community 9 ?r=:It> Ang by chopping the land Into disconnected segments. To sustainably use the land, the more efficient design'wouid be to avoid paved connector roads through such lands so that water and production management could be maximized. If and when there is ever a request for future development of the large lots within the Greene Subdivision, the minor Increase in housing density It would create would not require any additional East-West connection- from the current Normal Ave. through to the middle school. W oppose -.r { av--pbaltin , especially adjacent to delicate wildlife habitats and open spaces. c. Density Bonuses adjacent to Open Spaces - We strongly disagree with the planning tool o~ density b anuses, e9peclally ti;,aie t it, open spaces. The Comp Plan (Chapter 8.09.07) specifically outlined the purchase of the natural area, designated Wetland #9, with a capital improvement program way, back in the 1980's (Chptr.4.24 -Transfer of Development Rights for Wetlands, and Chapter. 8.16.3- Comp Plan Open Space E Policy). Now that a master plan is being developed for these areas, the City should follow through with purchasing options rather than development options that will impact the resource forever. Ievelopaaent dr,;3=° iaa:;r3 adjacent to natural wurtt nd areas -v4dl c:)mpact soils to t.be point of altering aquifer rechar- c pabilities anal rat=_mion rar' peg :ca,) :i {1,~,od a.raters, not to mention the effects on the environment, air quality, and habitats. i i We also emphatically for higher d nsi c;,, 3 t:tlanal uses In and ro ar the,~rc sensitive areas, e.g. Nursing homes, commercial businesses, multi-family attached housing, etc. d. External Transportation Links - We strongly oppose the infrastructure costs being shared by the existing communities within and adjacent to the Normal Plan. An outline of e,q ci percentages c Uorne by tlevct q)~ atoll citixer- I Fluid lie tbq 5T'c+lif.," etl in tfae #?lost tr p77a for any atannexi-Jii!iaja'lQvi. iofF~)) :rat o ! lyorrra x . arlivcaci T-,ropertle%. Any suggestion of an LID (Local- Improvement District) attached; to our j' property taxes would be a hardship we choose not to incur for the benefit of development around our neighborhood. A Capital Improvement Plan should be in place prior to permits for development, The ENTIRE r7it n upijlatl 1 tae made aware of tite costs that upgrading roads and a railroad crossing will. be incurred and shared for this area to develop. Voter approval should be integrated with the planning for Capital Improvements. r ! itlSM&I Ave. N&& hborhood CgMmentS: 12agg 3/ 8. How could this plan work for you and your constituency? a. Survey the property owners for their Intent. to develop, prior to finalizing the master plan. b. Reclassify densities to maintain existing neighborhood character, as well as reduce the zoning densities as outlined on current Normal Plan. Comply with the needed densities as indicated by the 20 year supply indicated in the 2011 Buildable Lands inventory. c. Avoid cut-through roads across farm land, wetlands, and creeks by using cul-de-sac designs and foot bridges to preserve them and preserve the wildlife habitats/corridors. d. Preserve Open Spaces, regardless of any re-delineations. e. Avoid at all costs any straight road cut-throughs and egresses onto blind curves. f. Show the ENTIRE CITY public the financial plans for City upgrades required for this Plan, and share it City-wide for voter approval. g. Avoid Advanced Financing Loans by the City, so as to minimize the pay-off or default pressures, and urbanize sensibly, not hastily. h. Limit all building heights to 35' and 2.5 stories to comply with city wide AMC 18.22.040 and respect solar set- backs. 1. Avoid density bonuses, and high density conditional uses, adjacent to Open Spaces j. Be considerate of existing neighborhoods and their livability: 'like next to like'. We are hopeful that together we can achieve the best community possible by recognizing the unique identity of our Normal Neighborhood and appreciate the Normal Group Working Committee placing a high value on this planning process that will manage growth to enhance our community character. I t Thank you, Sue DeMarinis, Normal Neighborhood Representative of 15 homeowners and approximately 24 acres. suedem~eharter.net E` t 4 t 3++ CITY ._a u d r - r r~f ,j o ' F7 r Normal Neighborhood Plan 0 200 400 800 Feet Working Group Alternaitive Discussion Draft Zone Street Types NN-1-5 0 Openspace Area n~T collector NN-1-3.5 significant wetlands a path NN-1-3.5-C street - ff NN-2 shared street , ; - r_ Zimbra goldmanb@ashland.or.us Normal Avenue Plan Input From : Brett Lutz <weatherbtl@gmail.com> Wed, Sep 17, 2014 10:56 PM Subject : Normal Avenue Plan Input To : john@council.ashland.or.us, pam@council.ashland.or.us, Brandon Goldman <Brandon.Goldman@ashland.or.us> Mayor Stromberg, Councilor Marsh, and Mr. Goldman, I'm writing in regarding the Normal Avenue Plan, specifically the proposed road connecting the primary development area (along and east of Normal Avenue) to the Middle School Bus turnaround/western-most driveway that leads to the Grace Point parking lot. Since Grace Point no longer is interested in annexing their property into the city and we still do not wish to be annexed at this time, I find this to be an additional reason to not construct this proposed road. I also continue to stand by the fact that making this a through road would present an additional safety and traffic issue for the school, to include the parents and children, as well the many visitors who attend sporting events and park in this area. Additionally, the temple nearby and the church regularly result in significant traffic and serves as overflow parking on the driveway. If this became a through road a traffic light would need to be added where the driveway reaches East Main Street, which would be costly. The wetland above the school is also valuable to the area and will not benefit from a road moving through and/or near it. Please consider these items as you determine the path forward for this plan. Thanks. Sincerely, Brett Lutz Zimbra goldmanb@ashland.or.us Normal Ave. meeting From : Howard Miller <hmiller@jeffnet.org> Fri, Sep 12, 2014 10:41 AM Subject : Normal Ave. meeting To : brandon goldman <brandon.goldman@ashland.or.us>, Pam Marsh <Pam. marsh@gmail.com> Good morning, We are interested in the composition of the panel that will be a part of the September 18 meeting. If you do not already have the two `interested observers', I would suggest John Fields, who was both a Planning Commissioner and is a contractor-he could certainly see both sides of the issue. I also want to stress again that Ashland has, inside the city limits, enough build able land in the inventory for over 20 years of construction at the present and foreseeable rate of growth. The need for land is the criteria for annexation - why does this process continue when the need is not there; that strong argument will be made during all the hearings. As you know, the estimates for upgrading the railroad crossing and improving East Main suddenly went from millions to hundreds of thousands... realistically, the earlier numbers seem much more accurate, and most projects cost more than planned. Since housing is not needed, if the City is the agent for the Advance Financing, how can it be sure of repayment within 20 years? No matter what concerns are voiced, not matter how many residents both of the area and city at large do not want this area urbanized with hundreds of houses, the City just keeps moving forward at the behest of Mahar and fellow contractors. We do not understand why the process continues when the need is not proven, unless it gives Planning staff something to do. Sincerely, Debbie Miller Howdy just reported that the two observers have been selected; please keep John's name as a back-up. Normal Avenue meeting From : Debbie Miller <hmiller@jeffnet.org> Wed, Sep 03, 2014 04:58 PM Subject : Normal Avenue meeting To : Brandon Goldman <brandon.goldman@ashland.or.us> Dear Brandon: We will not be back in town until Friday afternoon; I apologize for the late reply once again to the discussion of the last meeting; somehow, travel does not lend itself to'homework'. I also realize this is lengthy, perhaps longer than it should be, but two minutes is not a long time to point out concerns. I hope it is a fast and coherent read. We do appreciate the thorough nature of the Normal Neighborhood study group as it weighs the competing values and pressures on this lovely area. We would hope that it does not allow haste to make waste of this parcel, when the outcome will impact the whole city. I have several comments, which I will try to summarize for the group. The first come from the Summary Memo of August 21, which I hurriedly read during my allotted 2 minutes, but which I would like to have answered, as I think they are pertinent to finding the facts to aid decision-making. page 115 How would traffic demand be lessened on East Main and Ashland streets by the modified grid network? Eventually, anyone wanting to leave the 'neighborhood' would have to use one of these roads. I am concerned that Clay Street, still somewhat rural in look but carrying an increasing amount of traffic, has not been studied or even mentioned. Yet, new subdivisions are planned for the east side of that street as well as the prospects of many VTD from the west. page 2/5 Am I reading the indented sentence correctly that a road is proposed into Wingspread? At this time, several signs along the lanes in the park are pretty emphatic that traffic is not welcome. We are still looking at maps showing streets through the play fields behind (south) of the Morman Church and through our pasture and back yard. Has anyone contacted the church to learn if the congregation is willing to give up its ball fields? I hope we have adequately stressed that we have no intention of paving over our yard. maps green streets 3/11/14 is this a street in the middle of W-12 wetland? street network again, these street are shown through places that may not want them (see above). discussion concept box 1--opening Normal Ave. to through traffic was fine when only a few houses accessed the intersection w/ East Main. We have noted several times that this is a bit of a blind curve. box 2, 4--the school bus turnaround is school district property, bought for the safety of students. Why would this safe place be jeopardized by placing a connecting street through it? I would assume that the owners of 1700 East Main, who bought Lane's property knowing the limited amount of traffic this small street carried, would not be pleased to have a large increase in cars by their kitchen window. box 5--if this shared street is on our property, by all means, we would like it eliminated. Comments from the August 21 meeting: The concept of the Advance Financing tool that Mike Fought introduced and explained does seem like a bit of a gamble, with the city possibly holding the losing cards. If Ashland fronts the money, then great pressure to annex and subdivide, in order to recoup the loan, will be put upon the Council. If units are not built or not sold, then the City will lose that money. This adversely affects the populace in two ways: a) the loss of the funds loaned through the Advance Financing and b) since residentially zoned land costs the city twice as much in services as revenue brought in, current residents will be subsidizing this project both ways. Does that seem wise? The figures for an improved railroad crossing have been, since the start of these discussions, about $3 million, and East Main at $8 million. Suddenly these numbers dropped considerably, even though most projects turn out to cost more than estimated and expenses will go up every year until they might be built. Those of us who live on the quiet avenue are happy with its 'unimproved' character, and do not want to contribute to its demise, nor lose our yards in the process. We concur w/ Mayor Stromberg that "the lifestyle of the existing neighborhood is in conflict w/ the street connection". These residents are not, except for a very few, in the area for material gain or greed, but because they value the land and its benefits. That should count for something. And, again, the safety issue at the north end is important to consider. If any annexation, no matter the size, would trigger the need for these improvements, who would pay for this upgrade to the whole section? I hope that the committee rereads the Physical and Environmental Constraints chapter of the Land Use Code, especially Chapter 1 8.20.040 (this may be the old numbering) and 18.63.070 about limited activities and uses in the WRPZ. I would remind the group that the individuals and companies that bought this land for speculative purposes were well aware of its fragile nature due to wetlands and creeks. The state maps delineate these areas; these studies were neutral in character, not to serve anyone's purpose. Please give them more weight than a small private observation done during a drought and after some water had been diverted. As density is discussed on Thursday, may I remind the group that inside the present city limits is enough buildable land to accommodate projected growth for well over the five year requirement; some estimates are close to 20 years. To zone this parcel at high density to please the RPS concerns means trying to guess 50 years into the future. What will be the housing needs at that time? Did the city leaders of 1964 do everything right? We can only hope and plan well, not pave everything over for our descendants to shake their heads at our folly. Please use caution and not spoil a lovely place. Thank you for your consideration to our concerns, Debbie Miller From: Nancy K Boyer [maiIto: boyerbewaregyahoo.coml Sent: Wednesday, August 20, 2014 1:56 PM To: council e,ashland.or.us Subject: Council Contact Form - Nancy K Boyer - 8/20/2014 Name: Nancy K Boyer Email: boyerbewaregyahoo.com Subject: Normal Ave Plan Message: To the Group, Thursdays" meeting will center on transportation issues. As a taxpaying citizen,l need to know where these monies will come from if this plan is approved. As stated prior" development within the UGB is required to have concomitant infrastructure development to & within it according to Urbanization Guidelines State Goal#14, andORS197.754 (1). The "complexity" of this Normal Plan continues to increase with every meeting! This plan will effect every resident,therefore should not just target Normal Ave and neighbors. Perhaps we should refer to this as the" Ashland Urban Growth Plan". This would allow all residents what this plan entails ! Regards, Nancy K Boyer August 6, 2014 Page 1- Normal Ave Neighbor's Comments Dear Normal Plan Subcommittee, I represent 15 homeowners and approximately 23.62 acres of existing Normal neighborhood residents affected this project. The main point we all want to stress is density zoning should direct the placement of road connectivity. The transportation network should focus on moving the concentration of people from new neighborhoods/collectors onto city arterials. If there is a gradation of decreasing density from south to north, and from the center outward, the zoning density should direct the transportation plan. A North-South road: 1) Best identified by Staff as New Normal Ave., would be the best connector between E. Main and Ashland St. Placement of this new neighborhood collector to the east of old Normal Ave., will most appropriately serve the traffic created by the new development, and preserve/respect the existing country lane that currently serves the residents on old Normal Ave. 2) Exiting onto E. Main would be safest to egress where there is a straight away and no blind curves blocking views of oncoming traffic. The two egresses slated around the Baptist Church property are well situated and all that are necessary to direct the central density of traffic onto a City Arterial like E. Main St. 3) Re-locate the upgraded public railroad crossing to meander eastward from old Normal Ave., and feed directly onto New Normal Ave., again respecting the existing neighborhood and not make its country lane wider and into a straight cut-through option. 4) MOST IMPORTANTLY - assure all residents, new and old, that there will be traffic calming measures in place on any new road. Staff has recommended and we concur with: a) round-abouts b) sinuous road patterns c) stop signs at regular intervals d) speed bumps/dips e) planted central islands As far as East-West connectivity goes, the transportation plan should alleviate traffic problems, not create them. 1) Guide development traffic onto new, more accommodating neighborhood collectors that will take the bulk of the housing traffic onto arterials like E. Main, rather than increasing congestion onto smaller, existing neighborhood roads like Creek Drive. This will also prevent further congestion & traffic hazards onto an already overloaded Clay St. 2) Minimize full size crossings over conservation areas and protect the wildlife corridors. 3) Avoid dumping traffic into a school zone by directing traffic from the New Normal Ave. onto E. Main where there is good visibility and no blind curves. With the development density centralized, there is no need to cross over a significant, state designated wetland (W-9), when the main access is needed for school children. A habitat-sensitive footpath, for bicycles, pedestrians, and hikers, would provide east-west connectivity for AMS access. 4) East-West alley connectors/woonerfs would be best for the development, and the conservation areas, rather than full sized connector roads. Page 2 - Normal Ave Neighbor's Comments, August 6, 2014 Also, any development within the UGB is REQUIRED to have concomitant infrastructure development to and within it according to Urbanization Guidelines State Goal #14, & ORS 197.754 (1). That means, that City funding for Capital Improvements to E. Main St., as well as the necessary public upgrade to the private railroad crossing, must be in place along with any development plans. Please consider the effect this size of development will have on the full length of E. Main as it connects into downtown Ashland. Improvements should be slated for the entire road to handle the increased traffic flow - turning lanes, stop lights, more blinking crosswalks, etc. A transportation plan should create a network of connectivity that considers all the above factors, while providing safe access to larger city arterial roads and public services/businesses. Transportation issues are directly interwoven with development and zoning density. Thanks for your consideration of our comments. Sincerely, Sue DeMarinis 145 Normal Ave., Ashland, OR suedem@charter.net Normal Neighborhood Plan Working Group Thank you for another great discussion. The wetlands/conservation/riparian/open spaces certainly generated a lively discussion. Land that is wet is important for so many reasons, and certainly needs to be treated with respect. 1) Wildlife corridor-Many creatures depend upon these narrow corridors. Grey fox, opossum, raccoon, skunk, deer, lizards, frogs, bears, coyotes and cougars regularly walk through the wet areas. A cougar was shot several years back in Wingspread, and probably others have visited since. A bear slept in the cottonwoods In Cemetery Creek this past spring, and a pack of coyotes often sings just below my house. These same corridors are very Important migration routes for birds, and I'm amazed at the variety of species. 2) Floodpiain-This hasn't been discussed much, but water must go somewhere. Some folks are saying that Cemetery Creek isn't that wet. I agree, except when a heavy rain comes, or a blockage releases upstream. The water really rushes by, and comes from somewhere and needs to go somewhere. The gentleman that said his land is dry must miss the wet times, as I do see cattails on his site. Cemetery Creek has native cottonwoods, willows and cattails. 3) 1 hope that the latest FEMA flood plan has been consulted. My house just misses Ashland's Modified Flood Zone by two houses. It would be so easy for Clay Creek or Cemetery Creek to cause problems in the future. The HOA for Meadowbrook Park Estates had to have many cottonwoods cut down that were threatening houses (built before the current setback rules). After the trees were cut, our HOA paid for removal of the boulders and grass, and a replanting of all native plants in accordance with Ashland's current riparian guidelines. 4) Visual appreciation and value These green areas are sometimes spoken of as a problem or Impediment to construction. How about the added property value? Why not embrace the - greenbelts as special to the area? I actually bought my house after looking around Ashland and deciding that Cemetery Creek was special and would enhance the quality of my life. Is the Normal Plan being crafted for the neighborhoods or the builders? 5) Water issues-i lived in Chautauqua Trace before I purchased in MPE. The Trace homes were built on wet areas, and the wetlands were mitigated to a very small section. Well, many of the houses have water in the crawispace, and the lawns are often saturated. One day our HOA gardener was mowing, when a large sinkhole opened under him. Fortunately he didn't fall inl The hole was deep and fairly large, but that can happen when wetlands and flow aren't respected. Thank you for all you do. Respectively, Jan Vidmar 320 Meadow Dr. July 22, 2014 To: Brandon Goldman and each individual member of the working group Re: Normal Neighborhood Working Group Growing up in Arizona, I had a chance to experience the terrifying power of a flash flood pouring down a desert wash after a storm in nearby mountains. I would never have imagined that I could have that same experience here in Ashland, but I did. I live at 322 Meadow Drive on the lot that is twice as wide as other lots in the neighborhood and which backs on Cemetery Creek. One morning after a thunderstorm and heavy rainfall in the hills to the south, I heard water rushing out back and went out to face a torrent that was 60 to 80 feet across and almost to the top of the retaining wall that protects the houses on that side of our development. The water was rushing past with enough power to carry large pieces of debris from properties to the south. The flood began to drop and slow down after only a short period of time, so I went to the end of Creek drive to find out where all of the water had gone. The entire stretch of land to the east was a wide, shallow lake. This type of flood will occur again, and without adequate planning on the part of the city, future buildings and roads will not allow the water to spread out and evaporate as it did this time. I have serious concerns about my house being flooded next time along with the houses of my current neighbors and those in the new neighborhoods. My second concern involves the type of homes to be built on the land directly across from my house. I have always known that there would be development on this property and feel that it is the owner's right to do so. But this is the most scenic part of the wetlands in this area, and densely packed housing here, particularly multi- family housing of more than two stories, could destroy the current recreational and scenic value of this riparian area. Originally cluster housing was being considered, and I feel that would be a much better use of the creekside area along with hiking and biking trails for the enjoyment of the entire neighborhood. Thank you for considering my concerns. Carry Breon 322 Meadow Drive f t July 22, 2014 RECEIVED Dear Normal Neighborhood Subcommittee, JUL,2 2 7014 1 present 15 homeowners and approximately 23.62 acres of existing Normal neighborhood residents affected this project. The main point we all want to stress is the underlying and adjacent zoning for the conservation areas. If the city starts out with NN-02 for these conservation areas or their adjacent areas, then the sensitive habitats and soils will be damaged and negatively affected when the developers take advantage of the 1.5 density bonus on their adjacent remaining sections. I vote we strongly request the starting point for these areas be NN-01. Also, the road and alley plan should NEVER start out with an outline through these sensitive areas. If a scientific delineation does occur in the future to show a decrease or difference from what already exists on the State and Local Inventory Maps, then connections/accesses can be added. Thirdly, I think the city should follow their own Camp Plan and preserve the valuable wetlands and riparian areas already identified (2005) by actively pursuing acquisition strategies outlined in Chapter 4.24 Transfer of Development Rights for Wetlands. Below are some quoted facts (in black) from various sources that pertain to urbanizing water resource areas within our county and city. Our comments are in red: Jackson County Mitigation Plan: Flood Urban flooding causes and characteristics - As land is converted from fields to paved surfaces, it loses its ability to absorb rainfall. This transition from permeable to impermeable surfaces results in more water running off instead of filtering into the ground. (This will directly affect our aquifer recharge ability for our water wells. Higher density housing which is allowed in NN-02, & NN-03, particularly commercial housing like an adult care community, come with much greater amounts of impervious paved surfaces than single family homes or even cottage housing.) Thus, water moves faster to waterways, resulting in flow levels rising above pre-development levels, flooding streets and homes. Another cause of urban flooding is grading associated with development, causing changes in drainage direction from one property to another. (This is of particular concern to existing homes down slope from higher density developments.) Factors contributing to Flooding -Surface permeability. In urbanized areas, Increased pavement leads to an increase in volume and velocity of runoff after a rainfall event, exacerbating potential flood hazards. Parks and Open Space - Public parks and publicly owned open space can provide a buffer between flood hazards and private property. Wetlands in public ownership can reduce flood impacts by absorbing floodwaters and buffering water level fluctuations. t Long-Term Flood Action Item #2 (LT-FL-2): Encourage private property owners to restore natural systems within the i1 dplain, and to manage riparian areas and wetlands for flood abatement. Long-Term Flood Action Item #3 (LT-FL-3): Use federal grant funds to acquire individual properties adjacent to/within EII'll the 100 year floodplain as opportunities arise. (Flan this option beer) entertained for the NNP open space areas?) I i Page 2 - Normal Ave Neighbors' Comments Ashland Municipal Code: AMC 18.74 - Prevent inconsistent and disruptive designs in residential areas. (This should be considered when density bonus would allow for massive buildings right in the midst of an existing single family residential area, e.g. an adult care community with a wraparound parking lot and service buildings, which is intended by current owner for lands adjacent to Wetland #9 area.) Ashland Comp Plan 2005 - Environmental Resources (Chapter 4), Parks (Chapter 8): Chapter 4.15 Wetlands: Valuable functions which lust* their, preservation - (a) serve as habitat for many species of plants and animals which rely on them for feeding, breeding, shelter, and protection. Wildlife "Jentified in Wetland 49: 1. Red tail hawk 8. Geer families 2. Nesting killdeer 9. Canadian Honker geese 3. California quail 10. Cougar 4. Red fox 11. Black bear 5. Great blue heron 12. Opossum family 6. Doves 13. Red-winged blackbirds 7. Raccoon family 14. Jackrabbits (b) provide flood and storm damage protection and erosion control by temporarily storing flood waters and helping to protect downstream property owners from flood damage. i, (c) provide recreation and aesthetic appreciation. (These conservation areas, especially Wetland #9 adjacent to the Middle School, is large enough to create a destination site (similar to N. Mtn bark) for the whole city to enjoy.) (d) maintain water quality and improve it by removing chemical and organic pollutants. Chapter 4.24 Transfer of Development fthtsfar Wetlands: The city should actively pursue the use of "Transfer of Development Rights", dedications, and purchase or other acquisition strategies as viable methods for preserving and insuring public access to significant wetland areas. (Why hasn't this recommendation been pursued?) Chapter 8.09 New Natural Parks: Normal Street Wetland (8.09.07): This land, now referred to as Wetland#9, is poorly suited for development and may contain significant wildlife habitat, the comp plan calls for acquisition and retention of the wetland. The area should be enhanced as a wetland, with development limited to trails that would provide for bird watching and the study of nature, especially with school-park joint improvements as an educational and scientific resource. (This is ideally located adjacent to Ashland Middle School. Opportunities abound for discovery, stu(:ly and scientific research for these middle schooiers, as well as all the local students.) ( Please consider these comments and suggestions from this large contingency of residents in the NNP area. Thanks for helping make our town into a community! Sue DeMarinis, 145 Normal Ave.,suedem@charter.net yr ~ n. ~n 3 r' - n .1. s i P I I v is s _ f / f Department of Community Development Tel: 541.488-5305 20 East Main Street Fax: 541-488-5311 f Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us 1P A~ E i CITY OF ASHLAND, April 19, 2012 DEMARINIS LEOPOLD ET AL 145 NORMAL AVE ASHLAND, OR 97520 Dear Normal Avenue Area resident, As many of you know the City of Ashland has received a grant award from the State of Oregon's Transportation Growth Program to complete -a land use and transportation plan for the 94 acre North Normal Avenue area (map on reverse). At the time a property owner requests annexation into the City of Ashland, the Normal Avenue Neighborhood Plan is intended to help guide changes to the area in a manner that creates a system of greenways, protects and integrates existing stream corridors and natural wetlands, accommodates future housing, and enhances overall mobility by planning for safe walking and bicycle routes while providing convenient access to future bus service. This neighborhood planning effort is expected to take approximately 12-15 months to complete and the early involvement of property owners and neighborhood residents will play a key role in developing an identity and vision for the plan area. - The City is inviting you to attend a neighborhood meeting on Friday April 26t", 2012 from 4:00-6:00pm in the Community Development building located at 61 Windburn Way. This orientation meeting is an opportunity to both learn about and provide early input regarding the projects "scope". Throughout the project there will be additional opportunities for both I informal and formal involvement. The City Council is scheduled to accept the grant at their regular meeting on May 1, 2012, which will initiate the project's public involvement and planning and design processes. As the plan's development gets underway we will be asking I you to complete a key stakeholder survey, and you will be encouraged to attend a multi-day series of workshops, a "design charrette", to actively participate in the development of the 1 conceptual plans for the area. Throughout the project the City will also provide progress updates, meeting announcements, and draft documents on the City's website at www.ashland.or.uslnormalplan. If you would like to discuss the project at anytime please do not hesitate to call the project manager Brandon Goldman, Senior Planner, at 541-552-2076 or by email brandon.goldman@ashland.or.us Please feel free to forward this invitation to your neighbors and others who might be interested in attending. i ThanR iqu 4. J/jr(~ I bill Mo^ Vn1, Director of Community Development Department of Community Development Tel: 541-4885305 20 East Main Street Fax: 5411885311 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.orms NORMAL NEIGHBORHOOD WORKING GROUP I first want to thank each of you for the thoughtful and interesting discussions. All of us are grateful and pleased to live in a community with dedicated individuals. The following are my comments on the various discussed issues. 1. One unexpected result of the Normal Plan has been the bonding of our neighborhoods: Chautauqua Trace, Ashland Meadows, MPE, Wingspread, and the residents of the Dollarhide, Clay and Normal St. locations. We are a community of homeowners, taxpayers, and voters that have one or two story homes, and would like to see similar homes in the new Plan. Please, like for like. 2. During the June 19th meeting, someone commented that it's hard to know what families in the future will want in terms of housing and density. One thing I've learned by attending Meadowbrook Park HOA meetings is that young families with small children want space to play and garden. I've listened to parents discuss the hazards of their kids playing In streets, and they don't know where to place athletic equipment such as moveable basketball hoops. When suggested that their children could use parks or playgrounds, all the parents said no, that they wanted the kids supervised and in their neighborhoods. All the existing communities were built without consideration for the young families. In MPE, we have seen families leave to buy in Oak Knoll or up behind Bi-Mart where they have a yard for play. 3. 1 support reserving a zone for a community garden, bee hives, and a place for hoops and other equipment for children. You have the opportunity to have at least one family friendly neighborhood on this side of Ashland. The housing density of our communities did not take the needs of families into consideration, and they consequently move. 4. A centralized community gathering place would help visually transition the area from the railroad crossing to East Main and the agricultural and farming properties. S. Please consider approving the parcels of land for single family homes, cottages, and cluster homes. High density benefits none of the residents, and should be reserved for semi- commercial areas, and land closer to the city center. High density is certainly fitting along Ashland Street proper, the railroad district, out North Main, and downtown. 6. 1 understand the grid proposal for roads, but wherever there are straight lines, drivers speed. All c the existing neighborhoods have curved roads that slow traffic and protect small children and pets. Grids are convenient for drivers, but that's the only user that benefits. 7. Curved roads promote the feeling of connectivity among the neighbors, and provide for a x quieter neighborhood. I honestly think that MPE, where I live, would have had child fatalities without the curves to alert drivers to kids. } 8. Those of us who own homes facing Cemetery Creek or Clay Creek paid more for those view lots, green belts and wildlife corridors. The Normal Plan encompasses both wetland areas, and hopefully the roads will not be placed on the creek sides, but instead allow residents to have their homes facing these areas. a i 3 Zimbra goldmanb@ashland.or.us Re: Normal Neighborhood Plan Working Group meeting From : suedem@charter.net Tue, Jul 15, 2014 12:27 AM Subject : Re: Normal Neighborhood Plan Working Group meeting To : brandon goldman <brandon.goldman@ashland.or.us> Hi Brandon, I just wanted to have on record, for the Normal Neighborhood Subcommittee's consideration, the reference of the intention of the Grace Point Church for their development plans. They own the largest wetlands/conservation area on the NNP map just east of AMS. Their board members submitted a letter on October 8, 2013 to the Planning Commission (which is in their archived minutes). In the last of their list of concerns, #7, they describe their intentions for building an adult care community and other high density uses. The only way they can achieve this goal for such a dense and commercial housing design is if the City Council allows the underlying zoning for this land to start at NN-02 and be bumped to a NN-03 zoning with the 1.5 density bonus used in exchange for relinquishing their 5.3 acres into a conservation area. This dramatic change to the existing rural neighborhood would be devastating, not to mention the effect on the adjacent habitat/environment of the wetland. Such a development would bring excessive asphalt parking lots (more than for single family housing), heavy delivery and emergency vehicles compacting neighboring soils affecting aquifer recharge ability, and adding air and noise pollution with idling engines, 24 flood lights affecting habitat, etc. I strongly urge the Subcommittee to suggest that any and all areas underlying or adjacent to their outlined conservation areas ONLY be initially zoned as NN-01. The NN-02 density bonus, if used adjacent to the conservation areas, will be impactful enough! Please forward this letter to the subcommittee and include it in the public record. Thank the members of the committee for listening and being involved in this very important process of how our town becomes a community. Sincerely, Sue DeMarinis 145 Normal Ave. Ashland, OR Sent from Windows Mail From: Brandon Goldman Sent: Monday, June 9, 2014 10:05 AM To: Brandon Goldman Normal Neighborhood residents, During the City Council's Normal Neighborhood Plan Special Meeting held on May 29th the Council established a working group to address specific issues raised during the public hearings and provide their recommendations to the full Council for consideration. The Normal Neighborhood Plan Working Group, comprised of three City Councilors and two members of the Planning Commission, will hold its first meeting on Thursday June 19, 2014 at 3:00 p.m. in Council Chambers, located at 1175 East Main Street. Regular meeting dates and times for this group will be determined at this upcoming meeting. The working group meetings are open to the public. Please visit the City's website at www.ashland.or.us/normalplan for the most up to date information regarding the Normal Neighborhood Plan and meeting schedule. If you have any questions I can be reached at 541-552-2076, or by e-mail at: Brandon.Goldman(aashland.or.us Thank you, Brandon Brandon Goldman, Senior Planner City of Ashland, Planning Division 20 East Main Street, Ashland OR 97520 (541) 552-2076, TTY: 1-800-735-2900 FAX: (541) 552-2050 brandon.g_oldman(abashland. or. us This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records law for disclosure and retention. If you have received this message in error, please contact me at (541)552-2076. Thank you. CITY OF ASHLAND Council Communication December 2, 2014, Business Meeting Direction to staff on how to enforce the Food and Beverage Tax Ordinance FROM: Dave Kanner, city administrator, dave.kanner@ashland.or.us SUMMARY Responding to a complaint received this past summer, City staff initiated enforcement action against vendors of prepared food and beverage at the Tuesday Growers Market for non-payment of food and beverage tax. The vendors who were contacted by the City have not complied with our request that they remit taxes owed. Until recently, the Growers Market did not comply with the City's request for a list of prepared food vendors who have worked at the market this year. The Growers Market has requested that the City not enforce the F&B Tax Ordinance against its vendors until next year. When briefed on this situation at the November 3rd study session, the Council was split evenly between those who want to see the ordinance enforced and those who would wait until 2015 to begin enforcement. Pursuant to AMC 2.04.030.A(3), the Mayor has requested that this be placed on a Council agenda for a vote on direction to staff regarding how to enforce the F&B ordinance. BACKGROUND AND POLICY IMPLICATIONS: In August of this year, City staff received a complaint that prepared food vendors at the Tuesday Growers Market on East Main Street were not paying food and beverage tax as required by Ashland Municipal Code, Chapter 4.34. In response to this complaint, staff sent "secret shoppers" to the Market on two separate occasions to purchase prepared food. Two of the vendors from whom we purchased food identified themselves, either through an address on a receipt or by giving one of our shoppers a business card. None of the vendors from whom food was purchased charged food and beverage tax. However, it is the operator who is responsible for paying the tax, not the purchaser, and AMC 4.34.040 states, "The amount of tax need not be separately stated from the amount of the food or beverage." By comparing the names of the businesses to our tax collection records, we determined that these vendors had failed to pay F&B tax, in violation of the ordinance. (Failure to pay tax, unfortunately, is not an uncommon code violation. In the past five years, we have pursued code enforcement action against 20 operators who have failed to pay F&B tax.) The City notified the vendors of their duty to pay food and beverage tax. Neither of them appealed that determination as allowed by the Code, although one of them did contact us to inform us that we were misinterpreting our code. Neither of them has paid the taxes owed or made any effort to contact the City to establish a payment plan. On September 22"d, the managers of the Growers Market contacted Finance Director Lee Tuneberg to get more information about the Food & Beverage Tax. At that time, he explained that the vendors are not exempt from paying F&B tax by virtue of working under the Market's business license and he requested from them a list of all operators who had sold prepared food at the Market in 2014. The Market did not respond to this request, but instead sent a Page I of 3 CITY OF ASHLAND letter to me dated October 11 (received October 16) requesting that the City defer enforcement of the F&B ordinance until 2015. I responded on October 23rd that I would not consider their request until the Market complied with the City's request for information. Subsequent to that letter, City Attorney Dave Lohman sent the Market a request for their list of prepared food operators. The Market responded with that list on November 12th and again asked that the City defer enforcement of the ordinance until 2015. Meanwhile, I presented this situation to the Council in a study session on November 3rd, at which time the Council was evenly split between enforcing the ordinance immediately or deferring enforcement until 2015. Given the lack of clear direction, the Mayor has placed this on the agenda for a vote on how to enforce the F&B Ordinance in this situation. Each of the basic options is discussed below. Proceed with enforcement If this path is pursued, staff will contact each of the nine operators who sold prepared food and beverage at the Tuesday Growers Market this summer to demand payment of taxes from September 5th forward. (September 5th is the date of the enforcement letter sent to two of the operators who sold food to our secret shoppers.) These operators will be asked to estimate their gross receipts from prepared food and beverage sales from that point through the end of the Market's season and remit to us 5% of that amount (less the 5% they are entitled to keep for administration costs at their end). The Finance Director can then make a determination as to whether their estimate is reasonable. This procedure is consistent with AMC 4.34.070, "Failure to Collect and Report Tax." We would not seek penalties or interest from those operators who respond promptly to demand for payment. Defer enforcement to 2015 If this path is pursued, staff will not seek any F&B taxes from Market vendors for 2014 but will, presumably with the assistance of Growers Market management, strictly enforce the F&B ordinance when the Market reopens in 2015. Arguments for immediate enforcement vs. deferred enforcement For immediate enforcement : • A matter of fairness to fixed-location food and beverage operators who pay their F&B tax. Postponing enforcement against only these businesses may be viewed by other operators as "playing favorites." • Demonstrates that the City will enforce its ordinances when it learns of violations. • Businesses operating in the City are responsible for knowing the rules that apply to those businesses. The City cannot be expected to notify every business of every code provision that applies to it. • Lack of awareness of a code provision does not excuse non-compliance when it is brought to a violator's attention. More specifically, lack of awareness is generally not accepted as a reasonable excuse for non-payment by tax-collection agencies. • The Growers Market acknowledged (in writing) to the City that their food vendors are subject to F&B Tax when the ordinance first went into effect in 1993. • Postponing enforcement perpetuates the corrosive notions that citizens only have to comply with code provisions after violations have been brought to their attention or that uneven past enforcement precludes current enforcement. Page 2 of 3owma CITY OF ASHLAND For deferred enforcement: • These operators have likely not kept records of gross receipts from the Growers Market in 2014. Because these businesses may not have records of gross receipts, the amount of tax owed will be difficult to determine and, in any event, a minimal amount. • Penalizes business owners who may not have been aware of the requirement that they pay F&B tax, thus making the code compliance effort punitive rather than corrective. • Only two of nine vendors received notice of non-compliance. It is not fair to seek compliance from only two vendors. • The particular 2014 food vendors at the Growers Market may not now have financial capability to pay the tax as a result of not having been aware until recently of their food and beverage tax obligations. • Although Growers Market food and beverage operators have not been paying taxes, the City has, for some indeterminate period of time, not been enforcing its F&B ordinance with them. The City therefore bears some culpability for the current state of affairs. • Citizens may view the City as cold-hearted and intransigent. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: Either option is likely to result in a very small increase in F&B tax collections. Staff does not have an estimate of what that amount might be. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff feels that unless there is Council direction to the contrary, it must enforce the City's Food and Beverage Tax Ordinance beginning from the date on which notice was served. Council is asked to specify the course of action it wishes staff to take in this matter SUGGESTED MOTION: 1. I move to proceed with enforcement of the Food & Beverage Tax Ordinance against prepared food operators at the Tuesday Growers Market as detailed by the City Administrator in his Council Communication dated December 2, 2014. -or- 2. I move to defer enforcement of the Food & Beverage Tax Ordinance against prepared food operators at the Tuesday Growers Market until 2015. ATTACHMENTS: AMC 4.34, Food and Beverage Tax Letters to Rosa & Maria Mexican Restaurant and to Sultan's Delight, September 5, 2014 Letter from Lee Tuneberg to Growers Market, September 23, 2014 Letter from Growers Market to Dave Kanner, October 11, 2014 Letter from Dave Kanner to Growers Market, October 23, 2014 Letter from Growers Market to Dave Kanner, November 12, 2014 Letter from Growers Market to City of Ashland, June 2, 1993 Page 3 of 3 ~r, 11/25/2014 City of Ashland, Oregon- Municipal Code 4.34 Food and Beverage Tax 4.34.010 Definitions The following words and phrases whenever used in this chapter shall be construed as defined in this section unless from the context a different meaning is intended. A. "Caterer" means a person who prepares food at a business site, for compensation, for consumption on or off the business premises but within the corporate limits of the city. B. "Combination facility" has the same meaning as defined in Oregon Administrative 333-150-0000(4)(i) which the State of Oregon Department of Agriculture licenses or inspects under Oregon Administrative Rule 333-158- 0000. C. "Director" means the Director of Finance of the City of Ashland, or his/her designee. D. "Food" includes all prepared food items and beverages, excluding alcoholic beverages, served in a restaurant including "takeout", "to go" or delivered orders. E. "Open Space Park Program" and "Open Space lands or easements" have the same meaning as used in Article XIX A of the Ashland City Charter. F. "Operator" means the person who is proprietor of the restaurant, whether in the capacity of owner, lessee, sub-lessee, mortgagee in possession, licensee or any other capacity. Where the operator is a corporation, the term operator shall also include each and every member of the Board of Directors of such corporation for the time involved. G. "Restaurant" means any establishment required to be licensed as a restaurant, mobile unit or pushcart by the State of Oregon Health Division and includes any establishment where food or beverage is prepared for consumption by the public or any establishment where the public obtains food or beverage so prepared in form or quantity consumable then and there, whether or not it is consumed within the confines of the premises where prepared, and also includes establishments which prepare food or beverage in consumable form for service outside the premises where prepared. The term restaurant includes, but is not limited to grocery store delis, coffee shops, and caterers; it also includes establishments where such food or beverage is prepared in a combination facility. The term restaurant does not include a restaurant licensed by the State of Oregon Health Division as a limited service restaurant. (Ord. 2716, S1, 1993; Ord 2991, 2009) 4.34.020 Tax imposed http://www.ashland.or.us/CodePrint.asp?Branch=True&CodelD=2219 1/9 11/25/2014 City of Ashland, Oregon- Municipal Code A. Except for exempt or tax-capped activities specified in AMC 4.34.030, the city imposes and levies, in addition to all other taxes, fees and charges of every kind, a tax upon: 1. All food and beverages sold by restaurants located within the city to the public, except for whole cakes, pies, and loaves of bread if purchased for consumption off premises, and for alcoholic beverages; 2. All food and beverages sold by a caterer for an event located within the city, except alcoholic beverages and exempt events as defined in AMC 4.34.030K; 3. The following items sold by combination facilities: a. Salads from salad bars; b. Dispensed soft drinks and coffee; c. Sandwiches or hot prepared foods ready for immediate consumption; d. The following items, including toppings or additions, scooped or otherwise placed into a cone, bowl or other container for immediate consumption whether or not they are consumed within the confines of the premises where scooped or placed: Any frozen dessert regulated by the Oregon State Department of Agriculture under ORS 621.311 and any ice cream, ice milk, sherbet or frozen yogurt. No tax shall be imposed under this subsection, however, on any item whose volume exceeds one-half gallon or more- e. Any other food mixed, cooked or processed on the premises in form or quantity for immediate consumption whether or not it is consumed within the confines of the premises where prepared; and 4. The following items sold by combination facilities that are bakeries: a. All those items listed in Section 4.34.020.A.3.a-d; b. All bakery products sold for consumption on the premises; and c. All "takeout" or "to go" orders of bakery products prepared on the premises except for whole cakes, pies, and loaves of bread and any order consisting of six or more bakery products. 5. Use of a delivery service for any activity under this Section, whether an independent delivery service or operator provided delivery service, does not excuse the operator from the requirement to collect and remit the tax on the food and beverages sold. B. Such tax shall be imposed at a rate of five percent on the total amount charged by the seller for the food and beverages, or for the meal. In the computation of this tax any fraction of one-half cent or more shall be treated as one cent. http://www.ashland.or.us/CodePrint.asp?Branch=True&CodelD=2219 2/9 11/25/2014 City of Ashland, Oregon- Municipal Code C. Twenty percent (20%) of all taxes collected by the city under this chapter shall be paid into a Parks Account for purposes of acquisition, planning, development and major rehabilitation of City parks per the City of Ashland' s Capital Improvement Plan. Of the twenty percent (20%) allocated to the Parks Account, twenty percent (20%) of the amount collected must be used for Open Space acquisition. D. Eighty percent (80%) of all taxes collected by the City shall be used for the purpose of paying for wastewater capital improvement projects, per the City of Ashland' s Capital Improvement Plan, which includes, but is not limited to, the wastewater treatment plant debt. The council may decrease the rate of the tax or eliminate the tax described in subsection 4.34.020.A after a public hearing. Notice of the hearing shall be given by publication in a newspaper of general circulation in the City at least 10 days prior to the date of the public hearing. E. The City may retain up to two percent (2%) of the tax collected for costs of administration and collection. (Ord 2716, 1993;Ord 2720, 1993; Ord 2991, 2009) 4.34.030 Exemptions The tax levied by Section 4.34.020 shall be capped, at the amount specified, or shall not be collected or assessed on food or beverages: A. Sold by public or private schools or colleges except that food sold by independent contractor operators at such schools or colleges shall be subject to the tax imposed by this chapter; B. Sold on hospital grounds; C. Provided by bed and breakfast establishments to their guests; D. Sold in vending machines; E. Sold in temporary restaurants including food stands, booths, street concessions and similar type operations, operated by non-profit organizations or service clubs. F. Served in connection with overnight or residential facilities--including, but not limited to, convalescent homes, nursing homes, retirement homes and motels--if the food and beverage are provided as part of the cost of sleeping accommodations. G. Provided by nonprofit tax-exempt organizations to citizens over 60 years of age as a part of a recognized senior citizen nutritional program. H. Sold for resale to the public. 1. Sold in bulk to the public for non-immediate consumption off the premises http://www.ashland.or.us/CodePrint.asp?Branch=True&CodelD=2219 3/9 11/25/2014 City of Ashland, Oregon- Municipal Code including but not limited to ice cream packed in a container of one-half gallon or more. J. Which are candy, popcorn, nuts, chips, gum or other confections but not including ice cream, frozen yogurt, cakes, pies or other desserts. K. Sold by an operator at a single food service event located within the city in which restaurant or catering services, (exclusive of alcohol) exceed $5000.00, in which case, the applicable food and beverage tax shall not be excused but shall be capped at two-hundred fifty dollars ($250.00). (Ord. 2716 S5, 1993; Ord 2991, 2009) 4.34.040 Operator's Duties Each operator shall collect the tax unposed by this chapter, to the same extent and at the same time as the amount for the food or beverage is collected from every purchaser. The amount of tax need not be separately stated from the amount of the food or beverage. Every operator required to collect the tax imposed in this chapter shall be entitled to retain five percent of all taxes collected to defray the costs of collections and remittance. (Ord. 2716 S6, 1993;Ord 2991, 2009) 4.34.050 Reporting and remitting A. Reporting. Every operator shall, on or before the last day of the month following the end of each calendar quarter (in the months of April, July, October and January), snake a return to the director, on forms provided by the City, specifying the total sales subject to this chapter and the amount of tax collected under this chapter. The operator may request or the director may establish shorter reporting periods for any operator if the operator or director deems it necessary in order to insure collection of the tax and the director may require further information in the return relevant to payment of the liability. A return shall not be considered filed until it is actually received by the director. B. Remitting. At the time the return is filed, the full amount of the tax collected shall be remitted to the director. Payments received by the director for application against existing liabilities will be credited toward the period designated by the taxpayer under conditions which are not prejudicial to the interest of the City. A condition which is considered prejudicial is the imminent expiration of the statute of limitations for a period or periods. C. Order of Payments. Non-designated payments shall be applied in the order of the oldest liability first, with the payment credited first toward any accrued penalty, then to interest, then to the underlying tax until the payment is exhausted. Crediting of a payment toward a specific reporting period will be first applied against any accrued penalty, then to interest, then to the underlying tax. The director, when in the director's http://www.ashland.or.us/CodePrint.asp?Branch=True&CodelD=9219 4/9 11/25/2014 City of Ashland, Oregon - Municipal Code discretion determines that it will be in the best interest of the City, may specify that a different order of payment credit should be followed with regard to a particular tax or factual situation. The director may establish shorter reporting periods for any operator if the director deems it necessary in order to insure collection of the tax and the director may require further information in the return relevant to payment of the liability. When a shorter return period is required, penalties and interest shall be computed according to the shorter return period. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by operators pursuant to this chapter shall be held in trust for the account of the City until payment is made to the director. A separate trust bank account is not required in order to comply with this provision. (Ord. 2716, 1993; ORD 2885, 2002;ORD 2903, 2004; Ord 2991, 2009) 4.34.060 Penalties and interest A. Any operator, who fails to remit any portion of any tax imposed by this chapter within the time required, shall pay a penalty of ten percent of the amount of the tax, in addition to the amount of the tax. B. Any operator who fails to remit any delinquent remittance on or before a period of 60 days following the date on which the remittance first became delinquent, shall pay a second delinquency penalty of ten percent of the amount of the tax in addition to the amount of the tax and the penalty first imposed. C. If the director determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty of 25% percent of the amount of the tax shall be added thereto in addition to the penalties stated in subparagraphs A and B of this section. D. In addition to the penalties imposed, any operator who fails to remit any tax imposed by this chapter shall pay interest at the rate of one percent per month or fraction thereof on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid. E. Every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the tax required to be paid. F. Notwithstanding subsection 4.34.020.C, all sums collected pursuant to the penalty provisions in paragraphs A, B and C of this section shall be distributed to the City of Ashland Central Service Fund to offset the costs of auditing and enforcement of this tax. G. Waiver of Penalties. Penalties and interest for certain late tax payments may be waived pursuant to AMC 2.28.045 D. (Revised June 1993; ORD 2885, 2002; ORD 2903 2004; Ord 2983 2009; Ord 2991, 2009) 4.34.070 Failure to Collect and Report Tax hftp:/twww.ashland.or.us/CodePrint.asp?Branch=True&Code[D=9919 5/9 11/25/2014 City of Ashland, Oregon - Municipal Code If any operator should fail to make, within the time provided in this chapter, any report of the tax required by this chapter, the director shall proceed in such manner as deemed best to obtain facts and information on which to base the estimate of tax due. As soon as the director shall procure such facts and information as is able to be obtained, upon which to base the assessment of any tax imposed by this chapter and payable by any operator, the director shall proceed to detennine and assess against such operator the tax, interest and penalties provided for by this chapter. In case such determination is made, the director shall give a notice of the amount so assessed by having it served personally or by depositing it in the United States mail, postage prepaid, addressed to the operator so assessed at the last known place of address. Such operator may make an appeal of such determination as provided in section 4.34.080. If no appeal is fled, the director's determination is final and the amount thereby is immediately due and payable. (Ord. 2716 S8, 1993; ORD 2885, 2002; Ord 2991, 2009) 4.34.080 Appeal Any operator aggrieved by any decision of the director with respect to the amount of such tax, interest and penalties, if any, may appeal pursuant to the Administrative Appeals Process in AMC 2.30.020, except that the appeal shall be filed within 30 days of the serving or mailing of the determination of tax due. The hearings officer shall hear and consider any records and evidence presented bearing upon the director's determination of amount due, and makes findings affirming, reversing or modifying the determination. The findings of the hearings officer shall be final and conclusive, and shall be served upon the appellant in the manner prescribed above for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of notice. (ORD 2885, 2002; Ord 2991, 2009) 4.34.090 Records It shall be the duty of every operator liable for the collection and payment to the city of any tax imposed by this chapter to keep and preserve, for a period of three years, all such records as may be necessary to determine the amount of such tax. The director shall have the right to inspect all records at all reasonable times. (Ord 2991, 2009) 4.34.100 Refunds A. Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once, or has been erroneously or illegally collected or received by the city under this chapter, it may be refunded as provided in subparagraph B of this section, provided a claim in writing, stating under penalty of perjury the specific grounds upon which the http:Nwww.ashland.or.us/CodePrint.asp?Branch=True&CodelD=2219 6/9 11/25/2014 City of Ashland, Oregon - Municipal Code claim is founded, is filed with the director within one year of the date of payment. The claim shall be on forms furnished by the director. B. The director shall have 20 calendar days from the date of receipt of a claim to review the claim and make a determination in writing as to the validity of the claim. The director shall notify the claimant in writing of the director's determination. Such notice shall be mailed to the address provided by claimant on the claim form. In the event a claim is determined by the director to be a valid claim, an operator may claim a refund, or take as credit against taxes collected and remitted, the amount overpaid, paid more than once or erroneously or illegally collected or received in a manner prescribed by the director. The operator shall notify director of claimant's choice no later than 1.5 days following the date director mailed the determination. In the event claimant has not notified the director of claimant's choice within the 15 day period and the operator is still in business, a credit will be granted against the tax liability for the next reporting period, if the operator is no longer in business, a refund check will be mailed to claimant at the address provided in the claim form. C. No refund shall be paid under the provisions of this section unless the claimant established the right by written records showing entitlement to such refund and the director acknowledged the validity of the claim. (ORD 2903 2004; Ord 2991, 2009) 4.34.110 Actions to Collect Any tax required to be paid by any operator under the provisions of this chapter shall be deemed a debt owed by the operator to the city. Any such tax collected by an operator which has not been paid to the city shall be deemed a debt owed by the operator to the city. Any person owing money to the city under the provisions of this chapter shall be liable to an action brought in the name of the City Of Ashland for the recovery of such amount. In lieu of filing an action for the recovery, the City of Ashland, when taxes due are more than 30 days delinquent, can submit any outstanding tax to a collection agency. So long as the City of Ashland has complied with the provisions set forth in ORS 697.105, in the event the City turns over a delinquent tax account to a collection agency, it may add to the amount owing an amount equal to the collection agency fees, not to exceed the greater of fifty dollars or fifty percent of the outstanding tax, penalties and interest owning. (Ord 2885, 2002; Ord 2931, 2006; Ord 2991, 2009) 4.34.120 Violations - Infractions All violations of this chapter are punishable as set forth in AMC 1.08.020. It is a violation of this chapter for any operator or other person to: A. Fail or refuses to comply as required herein; B. Fail or refuse to furnish any return required to be made; http://www.ashland.or.us/CodePrint.asp?Branch=True&CodelD=2219 7/9 11/25/2014 City of Ashland, Oregon - Municipal Code C. Fail or refuse to permit inspection of records; D. Fail or refuse to furnish a supplemental return or other data required by the director; E. Render a false or fraudulent return or claim; F. Fail, refuse or neglect to remit the tax to the city by the due date. Violation of subsections A-D and F above shall be considered a Class I violation. Filing a false or fraudulent return shall be considered a Class C misdemeanor, subject to AMC 1.08. The remedies provided by this section are not exclusive and shall not prevent the City from exercising any other remedy available under the law, nor shall the provisions of this ordinance prohibit or restrict the City or other appropriate prosecutor from pursuing criminal charges under state law or city ordinance. (ORD 2885, 2002; Ord 2991, 2009; Ord 3023, 2010) 4.34.130 Confidentiality Except as otherwise required by law, it shall be unlawful for the city, any officer, employee or agent to divulge, release or make known in any manner any financial information submitted or disclosed to the city under the terns of this chapter. Nothing in this section shall prohibit: A. The disclosure of the names and addresses of any person who are operating a restaurant; or B. The disclosure of general statistics in a form which would prevent the identification of financial information regarding an individual operator; or C. Presentation of evidence to the court, or other tribunal having jurisdiction in the prosecution of any criminal or civil claim or an appeal for amount due the city under this chapter. D. The disclosure of information when such disclosure of conditionally exempt information is ordered under public records law procedures. E. The disclosure of records related to a business' s failure to report and remit the tax when the report or tax is in arrears for over six months or the tax exceeds $5,000.00. The City Council expressly finds and determines that the public interest in disclosure of such records clearly outweighs the interest in confidentiality under ORS 192.501(5). (ORD 2885, 2002; Ord 2991, 2009) 4.34.140 Examining Books, Records, or Persons http:/AAtww.ashiand.or.us/CodePrint.asp?Branch=True&CodelD=9919 8/9 11/25/2014 City of Ashland, Oregon- Municipal Code The city, for the purpose of determining the correctness of any tax return, or for the purpose of an estimate of taxes due, may examine or may cause to be examined by an agent or representative designated by it for that purpose, any books, papers, records, or memoranda, including copies of operator's state and federal income tax return, bearing upon the matter of the operator's tax return. (ORD 2885, 2002; Ord 2991, 2009) 4.34.160 Termination of tax This chapter shall expire on December 31, 2030, unless extended by a vote of the electorate. (Ord. 2707-E, 1993; Ord. 2716, 1993; Ord. 2720, 1993; Ord 2991, 2009) PRINT CLOSE http://www.ashland.or.us/CodePrint.asp?Branch=True&CodelD=2219 9/9 CITY OF -ASHLAND September 5, 2014 Rosa & Maria Mexican Restaurant 774 SW6th Street Grants Pass, Oregon 97526 Dear Operator: It has come to the City's attention that you are selling items at the Tuesday Market that may qualify as prepared food or beverages per the City of Ashland's Municipal Code Section 4.34 Food & Beverage Tax. The code requires operators selling or catering such items within the city limits to collect a 5% tax, report and remit amounts due. You may not be aware of this requirement or under the belief it does not apply to you. The city staff has determined it is applicable and provides you this opportunity to resolve the issue. Section 4.34 of the AMC and blank forms are enclosed. Please review the enclosure and take steps to comply with all elements extending back to the date you began selling applicable items. You have 15 days from the date of this letter to report and pay your tax obligation or to contact this office and make arrangements. Without prompt attention, additional fees and interest will be added to the total due once they are identified by you or estimated by me. Please note that catering services within Ashland city limits are also subject to tax collections and remittance. Take this opportunity to address any such activity. If you believe AMC 4.34 does not apply to you or the products you sell please state the reason in writing. My review of your documentation will also be reviewed by the city administrator. You will be informed of our decision. A further appeal would require you to pay a fee for a hearing. If you need assistance with forms or have questions regarding the code come to the City Nall Customer Service counter at 20 East Main or call 541488-6004. Your prompt attention to this matter is appreciated. Thank you, Lee Tuneberg Administrative Services and Finance Director CC: City Administrator City Attorney Customer Service Division Finance Department Tel: 541-488-5300 D.L. Tuneberg, Director Fax: 541-488-5311 20 East Main Street TTY: 800-735-2900 Ashland, Oregon 97520 www.ashland.or.us CITY OFT ASHLAND September 5, 2014 Sultan's Delight 2007 Talent Avenue Talent, Oregon 97540 Dear Operator: It has come to the City's attention that you are selling items at the Tuesday Market that may qualify as prepared food or beverages per the City of Ashland's Municipal Code Section 4.34 Food & Beverage Tax. The code requires operators selling or catering such items within the city limits to collect a 5% tax, report and remit amounts due. You may not be aware of this requirement or under the belief it does not apply to you. The city staff has determined it is applicable and provides you this opportunity to resolve the issue. Section 4.34 of the AMC and blank forms are enclosed. Please review the enclosure and take steps to comply with all elements extending back to the date you began selling applicable items. You have 15 days from the date of this letter to report and pay your tax obligation or to contact this office and make arrangements. Without prompt attention, additional fees and interest will be added to the total due once they are identified by you or estimated by me. Please note that catering services within Ashland city limits are also subject to tax collections and remittance. Take this opportunity to address any such activity. If you believe AMC 4.34 does not apply to you or the products you sell please state the reason in writing. My review of your documentation will also be reviewed by the city administrator. You will be informed of our decision. A further appeal would require you to pay a fee for a hearing. If you need assistance with forms or have questions regarding the code come to the City Hall Customer Service counter at 20 East Main or call 541-488-6004. Your prompt attention to this matter is appreciated. Thank you, Lee Tuneberg Administrative Services and Finance Director CC: City Administrator City Attorney Customer Service Division -531 Finance Department Tel: 541-188-5300 D.L. Tuneberg, Director Fax: 541-0885311 20 East Main Sireat TTY: 800-735.2900 Ashland, Oregon 97520 www.ashland.or.us CITY OF ASHLAND September 23 2014 Rogue Valley Growers & Crafters Market Monica Rey & Mary Ellen Deluca PO Box 4041 Medford OR 97501 Dear Monica & Mary Ellen: I enjoyed chatting with you yesterday regarding food & beverage tax applicability for those serving prepared food at the Tuesday Growers Market. As we discussed, the city's perspective is that all prepared food purveyors are subject to AMC 4.34 and they are to report and remit the taxes due per the code. Membership in a non-profit organization for business licensing purposes is not the same as them being a non-profit organization. This profit motive is a key concept when considering comparability to other operators in the city. All operators have the choice of charging the amount on top of their prices or the tax can be included in the stated price. Either way is acceptable to the city and existing purveyors have done it both ways. In the meeting you presented a response from Sultan's Delight and the operator indicated he felt exempt from the code and thought we were picking on his business alone. I responded that we also sent a letter to Rosa & Maria's Mexican Restaurant. These are the only addresses we were able to garner when visiting your event. Sultan's indicated there are over 20 such operators. In order to be fair to all in your association as well as those prepared food purveyors outside of it, I am requesting a list of those businesses and individuals in your association that provide the same service. As soon as I get the list I will send similar letters to all those that we did not see or get information from when we made our tours in July and August. You have the AMC and I am enclosing a form to share if needed. You indicated you are going to take this issue forward, with one concept being to not enforce the code retroactively. I said I would not aggressively pursue payments awaiting your next steps but I also need to notice all involved so that current records are maintained and/or estimates can be made. Please forward the list immediately. At this point we are considering retroactivity to be this year's operations, at least back to July 1, 2014. Further delays in notifying purveyors could be even more problematic for them to review their records and report/remit taxes due. I appreciate your prompt attention to this matter. Thank you, b( r--- Lee Tuneberg Administrative Services and Finance Director CC: City Administrator City Attorney Customer Service Division Finance Department Tel: 5411488-5300 D.L. Tuneberg, Director Fax: 541488-5311 A, 20 East Main Street TTY: 800-735-2900 Ashland, Oregon 97520 www.ashland.or.us 14 October 11, 2014 Mr. Dave kanne Ashland City Administrator 20 East Main RECEIVED Ashland, OR 97520 OCT 16 1^014 Re: Food & Beverage Tax Dear Mr. Kanner: One of our vendors recently received a letter from Ashland informing him that he is currently and retroactively liable for the F&B tax. Since this was anew issue and never addressed in any CUP or Business License dealings our organization has had with the City of Ashland, none of our vendors have been charging the tax or keeping any specific records on what is actually taxable. It would be a great hardship on these small businesses to have to pay unexpected taxes estimated on income that did not assess the extra costs. We realize that this tax needs clarification for us, but we are asking if it would be possible to start at the beginning of 2015 so that the vendors have a chance to adjust their prices and record keeping and get set up to correctly collect and deposit the tax. Our season is waning rapidly as the weather changes and the markets flux weekly as vendors stop participating. Please consider this and let us know if this would be a possibility. Thank you, RV( Monica Rey, President . :-Ntarket Locations & Tames Rogue Val4ey Growers & TUESDAYS: 'THURSDAYS: SATURDAYS SATURDAYS rafters,Mark?t 8:3oa i:3op 8:3oa 1:3op. 8 3oa i:30p 9:09a -1:oop Ashland rmory Ashland ` iviedfo . Box 4041 tJedford A P.O rd National G6ard Armory . 1701 S. Pacific H WY Oak Street The 6ommons Medford, OR 9.7501 1r,zoE.Main St. 3123-11!15 513-10!15 6th&Bartlett (541) 161-5045 3/13-11/z5 S/3-10/25 CITY OF -ASHLAND Dave Kanner City Administrator. October 23, 2014 Ms. Monica Rey Rogue Valley Growers and Crafters Market P.O. Box 4041 Medford, OR 97501 Dear Ms. Rey: Thank you for your letter of October 11. While I appreciate that this is a new issue for you, Ashland's food and beverage tax law has been in place for 20 years. Payment of the tax is the responsibility of the food vendor, not the Growers Market. The food and beverage tax ordinance is completely independent of your CUP or the City's business license ordinance. Be that as it may, we have requested from you a list of all of the vendors of prepared food who worked at the Tuesday Growers Market in 2014. We have also requested your concurrence with notifying all food vendors in the future that they are responsible for payment of the tax. We have requested the list of 2014 vendors for the purpose of educating them that they are responsible for payment of food and beverage tax. There are two vendors from whom City staff made purchases this summer, from among the four who were selling prepared food on the days we visited, thus providing us with evidence that they are "operators" as defined by the food and beverage tax ordinance. The operators were advised of their right to appeal under the Municipal Code and they have not done so. I believe they are now past the appeal window allowed in the Code. I am not prepared to consider any other waiver of retroactivity until the Growers Market agrees to comply with our request as described above. I am also willing to discuss it with the City Council to get their feedback. I hope and expect that this can be resolved amicably, but it must begin with your cooperation regarding the requests above. Sincerely, r Dave Kanner, city administrator 20 E. Main St. Ashland, Or 97520 Tel: 541-552.2103 ~r dave.kanner@ashland.or.us www.ashland.or.us h • ` RECEIVED NOV 13 2014 November 12. 2014 Mr. Dave Kanner Ashland City Administrator 20 East Main Ashland, OR 97520 Re: Rogue Valley Growers & Crafters Market and collection of the City of Ashland Food & Beverage Tax Dear Mr. Kanner. Pursuant to our previous discussion with Mr. Tuneberg, as well as our previous correspondence with you, we are attaching a list of our members who may be subject to the City of Ashland Food and Beverage Tax. It is our intention to fully comply with your requirements and, towards that aim, we are encouraging our membership to follow through with the city individually where applicable. It is our hope that we open the 2015 season in full compliance and with complet;; understanding of the city's municipal code. Furthermore, we will be updating our market policy documents to ensure that our vendors selling goods for immediate consumption are informed of the required taxes. This will be done to allow collection when making sales, as well as to engage in the necessary and accurate recordkeeping associated with 'such assessment. We respectfully ask that you consider beginning this assessment in 2015. Unfortunately, our vendors were unaware of the obligation and have not incorporated the food and beverage tax into their pricing structures (either through embedding them in the pricing of their goods or through explicitly charging the tax to their customers). Additionally, this means that our vendors did not keep records of which sales were, in fact, taxable products- Please understand that our Board meets just once per month to discuss market business matters. Due to this, our time of response maybe delayed. However, we reiterate our intention to comply with the wishes and policies of the city of Ashland. Sincere!)-. RVGCM Monica Rey, President Market Locations & Times Rogue Valley Growers & TUESDAYS THURSDAYS SATURDAYS SATURDAYS Crafters Market 8:30a - 1:30p 8:30a - 1:30p 8:30a - 1:30p 9:00a - 1:00p P.O. Box 4041 Ashland Medford Armory Ashland Medford iG/reciford, OR 97501 National Guard 1701 S. Pacific HWY Oak Street The Commons (541) 251 -5045 Armory 3,113 - 11125 5./3 - 10/25 5th & Bartlett 1420 E. fViain St. 513 - 10/25 0 mU N p ~y U m m p ~ td o N C7 ~ ~ ~ ~ 3 q p ~ O ed ~ ~ ~-a'" ,O Q gyp. ~ d W 'z .x 'z 3 CD c t- oo cn c, .-r Cl N N h M op . er M 91 N t ~I y rt tt 0% ~n W M O Ly ~D N ON N ~n ~O O 'I I w h Z 4n y i 0 00 N tn _ N N C7 ON O a. C tn tn CD in t- t- t- It rl N p o 0 n 0 0, O O O O O a 79 0 *2- p v, y N •~i A -:i P, cn N O Q ~ 9 N N Q .,p q O ~ O ~ CU O d E ~ V2 i U ra z M °q VV) 0 d a ooe a° N a N n d 16, Y f~ y > :O as ~Ua Q ~ W '~i Vi ~i 3 N at Ly m v 0 at m U ~ ~ o oC A0 x ti x a ci H3 , 4ip GROWERS &CRAFTERS MARKET P.O. Box 4041, Medford, Oregon 97501 • (503) 855-1326 tiune 2, 1993 City of Ashland Finance Department Attn: Karen Huckins City Hall Ashland, Oft 97520 Bear Karen. Following are'the names and addresses of our vendors who have sold items this year that fall under Ashland's food and beverage tax ordinance, if additional vendors who fall under the ordinance join the Ashland growers market, i'll advise them of the ordinance and provide you with their names as ,Tell. Blue Bunny Bakery (Karrie Sunitsch) 488-0654 542 Liberty Street, Ashland Carolyn's Kitchen (Carolyn Morris) 482-5334 129 orchard Lane, Ashland Four & Twenty Blackbirds (Hartha gust) 488-0825 258 A Street. #9A, Ashland L th Co. (David (IX Spirit Light) 482-4561 258 A Street, #3B, Ashland When you have a final ordinance, could you provide rte with about ten copies of that and your reporting form? 1'11 give information to each appropriate vendor. Sincerely, r mss,. joyce Schi 1 len Manager cc: Vendors Board