HomeMy WebLinkAbout2017-0516 Council Agenda PACKET
CITY OF
SHLI~,ND
[fl1portant: Any citizen may orally address the Council onnon-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
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some extent on the nature of the item under discussion, the number of people who wish to speak, and the length of the agenda.
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
May 16, 2017
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. Special Meeting of April 19, 2017
2. Special Meeting of April 20, 2017
3. Joint Meeting of May 1, 2017
4. Executive Session of May 1, 2017
5. Business Meeting of May 2, 2017
6. Special Meeting of May 4, 2017
VI. SPECIAL PRESENTATIONS & AWARDS
1. Annual presentation by the Wildfire Commission
2. Proclamation regarding May 22 - 28, 2017 as Rotary Club Week
3. Proclamation regarding Ashland as a City of Peace in perpetuity
4. Ashland Police Department annual use of force report
5. Report on the jail bed rental program
VII. PUBLIC FORUM Business from the audience not included on the agenda.
(Totaltime allowed for Public Forum is 15 minutes. The Mayorwill settime limits
to enable all people wishing to speakto complete their testimony.) j15minutes
maximum)
COUNC[L MEETINGS ARE BROADCAST LIVE ON CHANNEL 9, OR ON. CHARTER CABLE
CHANTdEL 180. VISIT THE CITY OF ASHLAND'S VVEB SITE AT WWW.ASHLAND.OR.US
VIII. CONSENT AGENDA
1. Approval of minutes of boards, commissions, and committees
2. Appointment of Daniel S. Palomino to the Airport Commission
3. Appointment of Bernard "Barney" Spera to the Airport Commission
4. Approval of a contract with Emergency Communications of Southern Oregon
5. Verde Village Trust Deed subordination
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 atwo-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.)
None.
X. UNFINISHED BUSINESS
1. 2017 Council Liaisons to Boards, Commissions, and Committees
2. Discussion of disbursement of Social Service Grants Funds
XI. NEW AND MISCELLANEOUS BUSINESS
1. 7th Quarter Financial Report of the 2015-17 Biennium
XII. ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Approval of second reading by title only of an .ordinance titled, "An ordinance
amending AMC Chapter 1.08 General Penalties, Section 1.08.005F(2) to
reflect prior amendment to AMC 10.120.020 persistent violation"
2. Approval of second reading by title only of an ordinance titled, "An ordinance
amending AMC 14.04.060 Water Connections outside the city limits" [with the
correction of one word in Section 1.14.04.060B.3.i "direction" to "discretion"]
XIII. OTHER BUSINESS FROM COUNCIL MEMBERSIREPORTS FROM COUNCIL
LIAISONS
XIV. ADJOURNMENT OF BUSINESS MEETING
In compliance with the Americans with Disabilities Acf, if you need special assistance to participate in this meeting,
please contact the Cify Administrator`s once at (541) 488-6002 (TTYphone number 1-800-735-2900). Notification 72
hours prior to the meeting will enable the City fo make reasonable arrangements fo ensure accessibility to the
meeting (28 CFR 35.102-35.104 ADA Title 1).
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9, OR ON CHARTER CABLE
CHANNEL 180. VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US
City Council Special Meeting
April 19, 2017
Page 1 of 3
MINUTES FOR THE SPECIAL MEETING
ASHLAND CITY COUNCIL
April 19, 2017
Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Strorr~berg called the meeting to order at 7:04 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor S:~attery, Morris, Lemhouse, Seffinger, and Darrow we present. Councilor Rosenthal was absent.
NEW AND MISCELLANEOUS BUSINESS
1. Discussion of policy priorities for the 2017-2019 Biennium
Mayor Stromberg explained the meeting tonight and tomorrow was a new approach to the budget process for
the biennial budget for 2017-19. The idea originated with Councilor Slattery and Marsh three years ago.
Department Heads proposed some projects and the Mayor was proposing one to rebuild the Reserve Fund.
At the April 3, 2017 Study Session, Council reviewed a list of projects drawn from the Council Goals meeting
in fa112016. Some were not relative to the BN2017-19 budget. The Mayor identified projects Council may
want to prioritize. A list of potential revenue sources was included in the packet. Selected projects would
need a revenue source to cover costs. Council could add or remove items from the list. At the Apri120, 2017
meeting, they would identify their top three items, compile a list, work through the list in priority order, and
identify revE;nue sources.
Interim Administrative ServiceslFinance Director Bev Adams explained the City was in the formulation stage
of the budget with changes occurring daily. It was preliminary balanced and presently awaiting Council project
goals.
On the expense side, Finance staff prepared all personnel projects beginning in November for the next
biennium. The Public Employees Retirement System (PERS) and healthcare increases were a large item in
the budget. PERS would cost $2,200,000 and healthcare would cost $948,000 over the next biennium. Salary
adjustments were estimated at 2% for management. There were no new positions other than those identified
with a corresponding revenue source. Materials and services were held to 0%. Some departments would show
a negative increase while others will have an increase due to transferring duties and the costs associated with
them. Staff prioritized capital outlay projects and identified revenue sources. Each department maintained
Council approved core services. Add packages seeking funding were not allowed unless the department had
a funding source. Finance asked departments to conserve and preserve in the current budget while maintaining
service levels until June 30, 2017 to help the carryover going forward.
For the revenue side, Ms. Adams was just short of aggressive in order to provide some sort of buffer, and
preserve the carryover for the upcoming year. The projected tax rates went right up to the edge of going over.
Revenues were on the high side of projections. She did not recommend raising them any further. Every
contingency was budgeted at the policy limit. Ending Fund Balances (EFB) that could not meet the financial
policy threshold included the General Fund, Capital Improvement Plan (CIP) Electric, Telecommunication,
Insurance, and Parks. The General Fund was at 98% of the financial policy and the rest did not meet the City's
policy level.
The additional cost for PERS above the normal cost was $2,200,000. The healthcare cost increase was 10%
or $948,000. The increase in PERS was not due to current staff. They were 45% of the increase. The
remaining 65% was from people who had retired. Of the $2,200,000, $1,750,000 was the new costs the City
was being assessed. Only $450,000 made up current staff. It was a Tier 1 and Tier 2 problem for PERS. Ms.
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City Council Special Meeting
April 19, 2017
Page 2 of 3
Adams confirmed the $2,200,000 cost to PERS and the 10% increase to healthcare was for the biennium and
not annually.
Staff identified discretionary funds on the BN2017-19 Possible Revenue Sources document. Council could
cut something from the existing budget or draw down the contingency or EFB. However, staff did not advise
drawing dotivn either.
Interim City Administrator John Karns provided an overview of the following Department Add-Ins:
1. One Full Time Employee (FTE) in Wastewater Collection for the Public Works Department -
fundingsource was built into the rates.
2. One FTE Forest Division Position for the Fire Department -funding source from grants.
Interim Fire Chief Dave Shepherd explained it would change a temporary position into a permanent one as
long as the salary came from grant funds. When grant funds ceased, they would eliminate the position.
3. One FTE Deputy Fire Marshall for the Fire Department -funded the first year by eliminating
the Weed Abatement Coordinator, Temporary Clerk, and part time Inspectors. The EM would
also provide funds. There would be a $64,000 shortfall possibly offset by increased inspections
and plan check fees.
They would expand Fire Marshall responsibilities to include emergency preparedness one day a week. The
Deputy Fire Marshall would assume some of the Fire Marshall's duties. The position would also absorb weed
abatement duties and part time inspector responsibilities.
4. One FTE Permit Concierge for the Community Development Department -funding source
would be the General Fund.
This would reinstate a Permit Ombudsman position that would work within the Community Development
Department and liaise with the Public Works, Electric, and Fire Departments and any department involved in
the permitting process. The City eliminated the position during the 2008 economic downturn.
5. Community Development Training for the Community Development Department -funding
source would be the General Fund.
There was a possibility of using existing staff but it would require a backfill resource.
6. One FTE Senior Project Manager for the Public Works Department -funded from enterprise
funds and costs rolled into projects.
Mayor Stromberg explained Council could consider items #4 and #5 and the remaining $64,000 on item #3.
Public Works Director Mike Faught addressed item #6 and explained the Senior Project Manager would focus
on large CIP projects. The CIP would fund the salary for this position. The position would report to the
Engineering Services Manager.
Mayor Stromberg addressed the Add-ins with Possible Implications for Budget Parameters for BN2017-
19document. Council would review Item #3 and bolded items #4, 7, 9,14,17,18, 22 and determine a revenue
stream for each if they wanted it included in the next budget. During the next night's meeting, they would
prioritize those items. Council decided to review revenue sources first.
Mayor Stromberg reviewed BN2017-19 Possible Revenue Sources:
1. Scents/1000 Unassessed Property Tax to generate up to X220,240 in FY2017-18 and $227,900 for
FY2018-19 for a total of $448,140.
Council comment wanted it to remain and opposing comment did not want to use it as a revenue stream.
2. Appoint existing EElCity Recorder duties to generate $139,000 in FY2017-18 and $145,400 for
FY2018-19 for a total of $294,000.
City Council Special Meeting
April 19, 2017
Page 3 of 3
Ms. Adams explained this was a result of the current wage and benefits for the City Recorder position. She
reduced the amount by $35,000 if the City used an existing employee in that position. She then added back
$20,000 after reviewing the full budget of the City Recorder's office for a total of $284,500.
Council noted the City Charter dictated appointing and hiring a City Recorder within a specific timeframe.
That individual would be paid what the current City Recorder was paid. Using an employee as a City Recorder
was another discussion. Ms. Adams clarified if Council went this direction, existing employees would pick
up various duties resulting in savings.
3. Increase Water Fund Franchise Fee from 6% to 8% to generate $155,000 for FY2017-18 and
FY2018-19 for a total of $310,000.
Mr. Karns explained it was 8% prior to the curtailment in 2009. This would restore it back to 8%. Council
agreed to retain this potential revenue stream
4. Substitute Tourism $ for GF
This was not: something to consider at this time.
5. Marijuana Tax Subventions to generate $55,000 for FY2017-18 and FY2018-19 for a total of
$110,000.
Ms. Adams explained the marijuana tax was known but not measurable at this point. Staff did not include it
in the budget. They should see something by the end of August and possibly sooner by the end of June.
Council could earmark the money.
6. Housing Trust Fund Balance had a one time amount of $166,000 earmarked for purposes
allawed under the Housing Trust Fund Resolution.
Council may want to consider spending the money within the confines of the resolution.
Council removed revenue stream #2 and #4 and kept the rest for discussion. Council went on to review the
Add-ins with Possible Implications for Budget Parameters for BN2017-19 document and chose the
following for further discussion at the next night's meeting:
3. Police Staffing Increase.
4. CEAP implementation.
9. Housing Trust Fund.
14. Rebuild Reserve Fund.
17. Assistant City Administrator.
18. Citywide Urban Design Plan.
22. Emergency Shelter Contract.
Mayor Stromberg would compile the list and the Ms. Adams would include financial provisions. Council will
prioritize the list and determine funding for the highest priorities. Ms. Adams would provide percentages of
fund balances.
ADJOURNMENT
Meeting adjourned at 8:41 p.m.
Dana Smith, Assistant to the City Recorder John Stromberg, Mayor
City Council Special Meeting
Apri120, 2017
Page ] of 2
AGENDA FOR THE SPECIAL MEETING
ASHLAND CITY COUNCIL
April 20, 2017
Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Stromberg called the meeting to order at 7:05 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Slattery, Morris, Lemhouse, Seffinger, and Darrow were present. Councilor Rosenthal was
absent.
NEW AND MISCELLANEOUS BUSINESS
1. Discussion of policy priorities for the 2017-2019 Biennium
Interim Finance Director Bev Adams addressed the General Fund in a document submitted into the record.
The General Fund had an $800,000 contingency and an Ending Fund Balance (EFB) of $1,692,204. The
EFB was based on 3% of annual operating expenditures per the Financial Policy. The carryover met the
policy requirement by 98.4%. Electric, Telecommunications, Insurance Services, and Parks were under the
Financial Policy threshold. She went on to correct a statement made the night before regarding the Housing
Trust Fund. Housing Trust Funds were budgeted.
Interim Fire Chief Dave Shepherd clarified funds for the Deputy Fire Marshall was $35,000 and not
$64,000.
Council voted on the following items:
4 LEAP Implementation: Three votes from Councilor Slattery, Seffinger, and Darrow
7 Parking: no votes
9 Housing Trust Fund: Three votes from Councilor Lemhouse, Slattery, and Darrow
Councilor Darrow wanted to discuss ways to fund all of the items. Councilor Lemhouse suggested retaining
them all and moving the ones that did not get votes to the bottom of the list.
14 Rebuild Reserve Fund: Four votes from Councilor Slattery, Morris, Lemhouse, and
Seffinger
17 Assistant City Administrator: Two votes from Councilor Slattery and Darrow
18 Citywide Urban Design Plan: No votes
22 Emergency Shelter Contract: Two votes from Councilor Lemhouse and Darrow
DH1 Permit Ombudsperson: Four votes from Councilor Slattery, Morris, Seffinger, and
Darrow
DH21 FTE Deputy Fire Marshall: Two votes from Councilor Slattery and Morris
Council discussed issues they had prioritizing the items and assigning revenue without knowing the
complete budget. Some thought these meetings should have occurred during the off year with a full Budget
Committee. Other comments were frustrated with the overall process. Council preferred prioritizing the
items and having staff designate revenue streams.
Council approved #1-34 on the BN2017-19 Possible Revenue Sources document. Councilor Darrow
wanted information on possibly using income from ambulance services for police staffing, a utility user's
tax on cell phone tower use, and a carbon tax. She also wanted to know if the $150,000 in #18 Citywide
Urban Design Plan could be used for parking as well as what a 1% reduction across the board in the budget
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City Council Special Meeting
Apri120, 2017
Page 2 of 2
would produce in additional funds. Ms. Adams clarified it could not be a 1 % reduction across the board
due to fund restrictions. It would apply to the General Fund and possibly a couple other areas. Councilor
Darrow wanted to address the employee contribution to the health insurance fund and suggested researching
a progressive fee along with an increase in the deductibles. Mayor Stromberg suggested reviewing
Councilor barrow's suggestions during the next biennium since formal budget meetings began the
following week.
Councilor Lemhouse wanted the marijuana tax used for programs that could be altered or delayed and not
for personnel. Interim Assistant City Administrator Adam Hanks explained there were two parts to the
marijuana tax, city, and state. The state tax was restricted and city was not. Mr. Karns clarified healthcare
deductibles and prescription co-pays were increasing July 1, 2017.
Council wanted staff to find money for Community Development training and the winter shelter contract
outside of the priorities and remove them from the list. For the CEAP and Assistant City Administrator
positions, Council suggested seeing if current staff could cover both positions without hiring by shifting
workload. Council was interested in using parking funds for other projects. The Mayor and staff would
set up a final special meeting to discuss budget priorities and revenue streams.
ADJOURNMENT
Meeting adjourned at 8:46 p.m.
Dana Smith, Assistant to the City Recorder John Stromberg, Mayor
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City Council Special Meeting
April 20, 2017
Page 2 of 2
would produce in additional funds. Ms. Adams clarified it could not be a 1 % reduction across the board
due to fund restrictions. It would apply to the General Fund and possibly a couple other areas. Councilor
Darrow wanted to address the employee contribution to the health insurance fund and suggested researching
a progressive fee along with an increase in the deductibles. Mayor Stromberg suggested reviewing
Councilor barrow's suggestions during the next biennium since formal budget meetings began the
following week.
Councilor Lemhouse wanted the marijuana tax used for programs that could be altered or delayed and not
for personnel. Interim Assistant City Administrator Adam Hanks explained there were two parts to the
marijuana tax, city, and state. The state tax was restricted and city was not. Mr. Karns clarified healthcare
deductibles and prescription co-pays were increasing July 1, 2017.
Council wanted staff to find money for Community Development training and the winter shelter contract
outside of the priorities and remove them from the list. For the LEAP and Assistant City Administrator
positions, Council suggested seeing if current staff could cover both positions without hiring by shifting
workload. Council was interested in using parking funds for other projects. The Mayor and staff would
set up a t~inal special tlleetilig to discuss budget priorities and revenue streams.
ADJOURNMENT
Meeting adjourned at 8:46 p.m.
Dana Smith, Assistant to the City Recorder Stror~~berg, Mayor
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City Council Joint Meeting
May 1, 2017
Page 1 of 2
MINUTES FOR THE JOINT MEETING
ASHLAND CITY COUNCIL &
ASHLAND PARKS & RECREATION COMMISSION
Monday, May 1, 2017
Civic Center Council Chambers
1175 E. Main Street
CALL TO ORDER
Parks Commissioner Chair Mike Gardiner called the meeting to order at 5:30 p.m. in the Civic Center Council
Chambers.
ROLL CALI,
Mayor Stromberg, Councilor Slattery, Morris, Seffinger, Rosenthal, and Darrow were present. Commissioner
Landt, Lewis, and Heller were present. Councilor Lemhouse arrived at 6:35 p.m. Commissioner Miller was
absent.
PUBLIC INPUT
Huelz Gutcheonl2253 Hwy 99IExplained a chart he submitted into the record.
Ron Roth16950 Old 99 SouthlWanted a community meeting on the Imperatrice property similar to the Water
Summit with time for public input.
NEW BUSINESS
1. Discussion of Imperatrice Property
Parks and Recreation Director Michael Black explained the Parks Commission was interested in using part of the
Imperatrice property for recreation. They met with Kristi Mergenthaler, the stewardship director from the
Southern Oregon Land Conservancy regarding the biodiversity of the property. Currently, the Parks and
Recreation De-partment was participating with the Electric Department and the Public Works Department on an
environmental. review of the property and funding a third of the cost for the study. The City purchased the property
in 1996 for $946,000 and totaled 890 acres.
Ms. Mergenthaler explained the Southern Oregon Land Conservancy began talks with the City on conserving part
or all of the land in 2009. The Imperatrice property was separated from the Grizzly Peak Preserve by two privately
owned properties. The Southern Oregon Land Conservancy was interested in establishing a trail from the
Imperatrice property to Grizzly Peak. She described the rare plant species and wildlife that existed on Imperatrice
and the imporl:ant role grasslands played for carbon storage. The property offered a beautiful viewshed as well.
Mr. Black confirmed the Parks Commission was interested in purchasing the property. The Southern Oregon
Land Conservancy would help the Parks Commission find opportunities to raise funds. Conservation of the
property would include an easement granted to a third party in perpetuity. It would not interfere with 10x20
discussions on using part of the property for a solar farm. The City purchased the land with money dedicated to
wastewater treatment. The Parks Commission would pay for the land and establish an easement. He would
provide the Commission and Council with information on the restrictions and constraints associated with the
purchase of the property.
2. Discussion of regional swimming facility
Parks Director Michael Black explained one of the Parks and Recreation Department's top five goals was
facilitating a partnership to build a new competition-style, year-round indoor swimming pool for the community.
The Parks Commission looked into several alternatives regarding the pool. Southern Oregon University had
agreed to build a pool at the McNeal Pavilion but needed $1,800,000 - $2,200,000 immediately to start. It was
not possible to raise the amount that quickly. Adding a bubble over the Daniel Meyer Pool was not an option at
$200,000 with. $10,000 monthly operating costs. The bubble had no structure and was temporary. They were
City Council Joint Meeting
May 1, 2017
Page 2 of 2
able to winterize the Daniel Meyer Pool that cost $20,000 with $8,000 monthly for operation costs. It worked
well but was also a temporary fix. Forming a partnership with the YMCA had not panned out either.
Mr. Black proposed replacing the pool with a 25-yard by 25-meter pool up to six feet in depth that would allow
for eight swim lanes. A seasonal cover would make it available during colder months. The estimate for the project
was $3,500,000 and included the following:
• Pool - $1,475,000
• Design, Plans, and Permits - $75,000
• Mechanical, Electrical, and Plumbing (MEP) - $125,000
• Parking - $200,000
• Demo, Earthwork, and Flatwork - $300,000
• Contingency - $525,000
• Pool Canopy - $800,000
The Parks Commission was looking into a process that consisted of:
• Concept - in progress
o Survey
o Designs
o Estimates
• Approval of Budget and Bond by Commissioners and Council
o Prior to July 31, 2017
• Pool Campaign -Ongoing Process
• Bond Election
o Target: November 2017
Currently pool operation costs were $80,000 per year. They were estimating the new facility would cost $150,000
yearly. The Parks Commission was proposing a pool upgrade so a year round program could happen with the
partners. Currently theses partners were paying to rent the pool. The pool would have solar heat.
Councilor Rosenthal shared the City of Medford's experience trying to pass a pool bond that failed. He suggested
the bond include renovating the Senior Center, upgrading the Little League storage room, and overall making it
more of a community center. He thought any new facilities should have revenue components like charging to use
a pool slide.
Mr. Black explained the next steps involved a business plan, associated costs, funding, and determining public
interest. Commission and Council discussed issues related to going out for a bond and timing. The Parks
Commission would come to Council with more information in the future.
3. Discussion of Parks' budget priorities
Parks Director Michael Black explained the Parks Commission had a balanced budget and was able to provide all
of the services offered in previous years with no cuts.
Councilor Lemhouse arrived at 6:35 p.m.
OTHER BUSINESS FROM THE COUNCIL AND PARKS COMMISSION
ADJOURNMENT
Meeting adjourned at 6:37 p.m.
Respectfully submitted,
Dana Smith
Assistant to the City Recorder
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City Council Business Meeting
May 2, 2017
Page 1 of 9
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
May 2, 2017
Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Stromberg called the meeting to order at 7:01 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Slattery, Morris, Lemhouse, Seffinger, Rosenthal, and Darrow were present.
MAYOR' S ANNOUNCEMENTS
Councilor Slattery/Seffinger m/s to move agenda item #3. Discussion to rescind Council vote on April
18, 2017 under New and Miscellaneous Business following the Public Hearing. Voice Vote: all AYES.
Motion passed.
APPROVAL OF MINUTES
The minutes of the Study Session of April 17, 2017, and the Business Meeting of April 18, 2017 were
approved as presented.
SPECIAL PRESENTATIONS & AWARDS
Police Chief Tighe O'Meara, Detective Carrie Hull, and Christia Currie, the training and information
specialist for the You Have Options Program (YHOP) provided the presentation on the program's success.
Detective Hull created the program in response to obstacles she encountered with sexual assault
investigations. The YHOP was an unmitigated success and propelled the Ashland Police Department
(APD) to the national stage in law enforcement and sexual assault advocacy. They were in the process of
transitionir~g the program out of the APD to another organization or a standalone agency.
YHOP did not charge law enforcement partners because they did not want fees to get in the way of training
and implementation. The response from other agencies nationally and internationally was phenomenal.
Within Jackson County, several agencies had gone through the YHOP introductory training sessions and
were in the implementation phase of the program. They were in the process of finishing the second phase
of training with the New York City Police Department.
They did not promote the YHOP and wanted agencies to join on their own and commit to the program. The
online reporting feature in the program cost $50 a month for agencies that fully implemented. Agencies
paid to come to the introductory session to cover the cost of facilitating the training. The City's financial
contribution was Detective Hull's employment. Registration fees for the program funded travel and training
costs.
PUBLIC FORUM
Kristina Lefever/2359 Blue Sky Lane/Spoke as chair of Bee City Ashland and provided an update on the
program.
Louse Shawkatl876 Cambridge Street/Spoke on climate change and encouraged Council to keep it in the
forefront.
CONSENT AGENDA
1. Approval of minutes of boards, commissions, and committees
City Council Business Meeting
May 2, 2017
Page 2 of 9
2. Endorsement of SOPride for the purpose of hanging a banner
3. Annual reappointments to commissions, committees, and boards
4. Appraval of, "A resolution consenting to the redesignation of the Jackson County Enterprise
Zone with Jackson County serving as the enterprise zone sponsor"
Councilor Slattery/Rosenthal m/s to approve the Consent Agenda. Voice Vote: all AYES. Motion
passed.
PUBLIC BEARINGS
1. Public hearing and approval of, "A resolution revising rates for electric service pursuant to
Ashland Municipal Code Section 14.16.030 and repealing Resolution 2015-13"
Director of ITlElectric Utility Mark Holden explained the rate increase was the result of an extensive cost
of service study that identified costs associated with a class of service and assigned costs to that class. This
ensured each customer paid his or her fair and equitable share of the cost of that service. They developed
the rate design from the cost of service study. The rate structure was also defensible, and understandable
by those paying the rates. It eliminated or reduced cross class subsidies so no class was paying for another's
customer service. It created a framework that would effectively integrate future services into a rate
structure.
The cost of service study averaged a 6.9% increase across all customer classes. Each class would have its
own unique rate increase. Staff had begun unbundling fixed costs from the rates. Keeping fixed costs in
consumption rates varied the City's ability to cover fixed costs. Customers that conserved would see
consumption costs decrease.
Public Hearing Opened: 7:35 p.m.
Ron Roth~'O50 Old Hwy 99 South/Annual electric, rates had gone up 20% over the past four years. He
shared history on Ashland Fiber Network (AFN) debt noting it had decreased less than half over the past
twelve years. The rates increase was not about electricity, it was about paying for AFN. Paying for AFN
through ut~~lity increases had not worked well. A year ago, voters approved using Food and Beverage tax
to pave the streets that were still in disrepair.
Meredith Overstreet/840 Cambridge/Questioned why City departments had not cut their budgets or had
a hiring freeze instead of always taking from the people that lived in Ashland. The increase in utilities was
significant, She took issue with having a utility surcharge to fund police officers. Roads were in disrepair
and nothing was being done but the City would build the East Nevada Bridge to assist a few to access I-5.
There was not enough economic growth to support the middle class votes. People were being pushed out
to pay for city employees, special projects, and general city maintenance costs. The City needed to better
manage taxpayers' money and Council needed to focus on the needs of the community.
Councilor Rosenthal commented there were several statements of fact in the narrative but some were false.
Public Works Director Mike Faught addressed the Food and Beverage tax allocation to improve city roads.
The City would receive approximately $1,000,000 in the biennium as the rest continued to pay off the
wastewater debt over the next 4.5 years. At some point, more money would be available for street projects.
In the short term, they would overlay North Mountain Avenue and Wightman Street and do a total
reconstruct of Hersey Street. Target streets following those projects were Ashland Street and Siskiyou
Boulevard.
Councilor Slattery clarified Council approved moving forward on the proposed five police officers but had
not identified a funding stream. The item would go to the Budget Committee.
Spike Breon/295 E Nevada Street/Thanked Council.
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City Council Business Meeting
May 2, 2017
Page 3 of 9
Heidi Parker/344 Bridge StreetBy adding a potential additional $16.73 per month to already high utility
fees, and five more police officers in a low crime small city, Council had made the housing crisis even
worse. This was taxation without representation. Council should take a history lesson from the Boston Tea
Party. Instead of taxing tea, the City should tax marijuana. Adding $201 a year to the utility bill was
difficult for students, families, and people on fixed incomes. If something were not done soon regarding
the rising costs of living here, all the inhabitants would be elderly, wealthy people. She urged Council to
slow down., consult with citizens, and find a better solution that did not increase utility fees for the most
vulnerable,.
Mayor Stromberg explained the City had special programs for those struggling with utility rates.
Public Hearing Closed: 7:49 p.m.
Mr. Holden explained the Bonneville Power Administration (BPA) began their rate case study October
through August to determine increases. Staff had a high certainty these numbers would accurately reflect
BPA's final rate in August. A fluctuation either way would be less than one percent. Historically, what
BPA projected at this time was typically what was determined in August. The franchise fees were what the
Electric Utility paid the City for use of right of way. This was the first rate increase in two years. BPA set
their rates on a two-year basis through a rate case. The City would start a new rate period this August that
would be redistributed to the customers. The City also paid for the transmission. Other costs effecting
rates was the Public Employee Retirement System (PERS), and health insurance costs. Materials and
infrastructl~re also affected rates.
Councilor RosenthallLemhouse m/s to postpone this item until the next meeting.
DISCUSSION: Councilor Rosenthal wanted to know what percentage of the increase was tied to the cash
balance. He thought they could reduce the percentage increase and focus on the Ending Fund Balance over
the course of the next year to lower the increase this year. It was a substantial increase for the average
customer. Councilor Lemhouse would support delaying it to review more information. The City had to
raise rates to pay for the increased costs. The alternative was huge debt, and a crumbling infrastructure.
Having a cost of service study was encouraging. Councilor Slattery supported a delay. He suggested Mr.
Holden host a community meeting outlining the reasons for the increase and discuss the options.
Councilor RosenthaULemhouse m/s to amend the motion to consider the electric rate increase June
6, 2017. DISCUSSION: Councilor Darrow did not think it gave Council enough time to weigh the
different increases. Mayor Stromberg explained postponing beyond the implementation date would involve
catching up. Mr. Holden confirmed it was in the budget. Voice Vote: Councilor Slattery, Morris,
Lemhouse, Seffinger, and Rosenthal, YES; Councilor Darrow, N0. Motion passed 5-1.
Councilor Morris would not support the motion. Council had participated in two Study Sessions. It was a
difficult decision that Council needed to make. Roll Call Vote on amended main motion: Councilor
Slattery, Seffinger, Rosenthal, and Lemhouse, YES; Councilor Morris and Darrow, N0. Motion
passed 4-2.
2. Public hearing and approval of resolutions titled, "A resolution adopting a storm drain utility fee
schedule pursuant to Ashland Municipal Code Section 4.27.050 and repealing Resolution 2016-
07," and "A resolution revising rates for water service pursuant to Ashland Municipal Code
Section 14.04.030 and repealing Resolution 2016-09," and "A resolution revising rates for
wastewater (sewer) service pursuant to Ashland Municipal Code Section 14.08.035 and repealing
Resolution 2016-08."
Public Works Director Mike Faught explained for the Stormwater Master Plan, they were recommending
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City Council Business Meeting
May 2, 2017
Page 4 of 9
a 2.4% cost of living for inflation purposes. They had not completed the master plan but wanted to stay
current with inflation.
Hearing Opened: 8:16 p.m.
Hearing Closed: 8:16 p.m.
Councilor Rosenthal/Lemhouse m/s to approve Resolution #2017-09 adopting a storm drain utility
fee. DISCUSSION: Councilor Rosenthal thought an eleven-cent inflationary increase had a minimal
impact on residents. It was also tied to an overall strategy. Roll Call Vote: Councilor Darrow,
Lemhouse, Slattery, Seffinger, Rosenthal, and Morris, YES. Motion passed.
Mr. Faught explained in 2012, Council adopted a Water Master Plan that contained several large capital
projects. Staff hosted a town meeting to discuss both the water and sewer master plans, and various projects.
One of the projects was the new 2.5 million gallon a day (mgd) water plant, the 2.6 mgd Crowson II
Reservoir, and. piping the Talent Irrigation District (TID) ditch. They had approved funding the water plant
through the Infrastructure Finance Authority (IFA) at 1.77% with a $950,000 loan forgiveness. Staff was
proposing to raise the water rate 4.5% as outlined by the last cost of service study to continue to fund and
meet debt service requirements for those projects. The big hit on rates was the PERS and health insurance
impact. The IFA awarded the City a $15,000,000 loan at 7.7%. For the TID piping project, staff bundled
it with sewer projects and would get 1% on all sewer projects because it provided the green alternative for
sewer improvements. Previously for TAP, the City had a 1 % loan for $3,000,000 that also included a
$950,000 loan forgiveness.
Public Hearing Opened: 8:24 p.m.
Public Hearing Closed: 8:24 p.m.
The average amount a household would pay due to the increase was $2.45 a month.
Councilor RosenthaULemhouse m/s to approve Resolution #2017-08 revising for water service rates.
DISCUSSION: Councilor Rosenthal explained the rate increase was tied to a Water Master Plan that
multiple committees worked on for years. It was an investment in the future. Councilor Lemhouse agreed.
Councilor Morris had trouble with the rate increase. He thought the master plan needed review. He would
support it because Council had approved the master plan but had concerns. Roll Call Vote: Councilor
Morris, Lemhouse, Rosenthal, Seffinger, Slattery, and Darrow, YES. Motion passed.
Mr. Faught explained the big projects for wastewater included the solution for the wetland temperature
requirements from the Department of Environmental Quality (DEQ), a new oxidation ditch, and collection
system improvements for an approximate total of $11,000,000. Staff recently learned the City would get a
1% interest on the loan instead of the 3% to 4%. The interest rate change resulted in a 5% increase instead
of 10% even with the rate incorporating PERS and healthcare.
Public Hearing Opened: 8:30 p.m.
Public Hearing Closed: 8:30 p.m.
Councilor Lemhouse/Seffinger m/s to approve Resolution 2017-09 revising wastewater rates.
DISCUSSION: Councilor Lemhouse commented it was good the rate increase was lower than expected.
Cooling the effluent to DEQ standards was necessary. Councilor Seffinger added it was important to cool
effluent for wildlife. Roll Call Vote: Councilor Slattery, Rosenthal, Lemhouse, Morris, and Seffinger,
YES; Councilor Darrow, No. Motion passed 5-1.
3. Discussion to rescind Council vote on April 18, 2017
City Council Business Meeting
May 2, 2017
Page 5 of 9
Mayor Stromberg explained the discussion to rescind came from the outcome of the social services grant
allocations that occurred during the April 18, 2017 Council meeting. During that meeting, Council voted
to allocate $4,000 to Options for Homeless Residents in Ashland (OHRA) instead of the agency's request
for $41,958. While Councilor Seffinger agreed with Councilor Lemhouse that Housing and Human
Services Commissioner Harris should have recused herself, she thought the reduction in OHRA's social
services grant was too severe. The Ashland Community Resource Center served a challenging population.
The Center had worked hard in improving their delivery model. She recommended increasing the allotment
to $22,000. She had also prepared a document detailing changes in the overall allotments to accommodate
the increase.
Ken Gudger/497 Lori Lane/Was the Treasurer of OHRA and on the board of directors. He corrected the
record and addressed statements made by Council and in the media that OHRA was unable to secure
funding from other sources. He shared past fund raising and donations. The City provided 27% of OHRA's
funding, the remaining 73% would come from charitable donations and nonprofit foundations.
Montye Male/769 Lisa LanelAddressed some of the issues of OHRA's performance. She explained the
center protected 70 families a year from losing their homes. Thirty-five families previously homeless were
homed through OHRA. They assisted 30 people in finding temporary employment. Other services were
identification verification, employment assistance, access to showers, laundry services, and case
management.
Leigh Madsen/176 Orange Avenue/Was the Executive Director of Ashland Community Resource Center.
The center evolved out of a partnership of OHRA and ACCESS with City grant funds for a homeless help
center. Navigating the myriad of social service agencies could be overwhelming to someone struggling
with homelessness, job loss, health issues, or other crises. He described how volunteers at the Center put
people in touch with the right agency. The key to the Center's success was having a facility that people
could access.
Cate Hartzell/859 C StreetlShared her background as a Councilor and Budget Committee member. She
had contacted the Government Ethics Commission today, shared the scenario where Commissioner Harris
could not participate in the vote because she was on the board of OHRA. She was told that was incorrect.
There was an exception. She went on to read from the 2010 Oregon Standards and Practices Laws Guide
for Public Officials regarding a conflict of interest. She was disappointed and did not feel represented if
Council was unable to correct the issue. Ms. Harris acted legally.
Councilor Seffinger/Slattery mis to rescind the Council approved recommendation of allotments for
the social service grants approved at the April 18, 2017 City Council meeting.
DISCUSSION: Assistant City Attorney Doug McGeary explained the difference between rescinding and
reconsidering a vote. Councilor Seffinger explained the purpose was to increase the funding to OHRA.
She was also concerned about not decreasing the allotment to St Vincent De Paul. OHRA had made
tremendous improvements in their ability to help the homeless in Ashland. Councilor Slattery agreed with
rescinding the vote. He did not think Commissioner Harris should have been at the table. It was a huge
penalty to an organization for a misstep. OHRA had come through some growing pains. It was important
to rethink this and find the funding for OHRA.
Councilor Lemhouse clarified public testimony on the matter. The City Attorney advised Commissioner
Harris not to attend and she did. This was not an allegation of a state ethics violation. It was the appearance
the process was not fair for everyone involved. Council made several points regarding the reduced
allocation. It was more than a penalty, there were issues with the process. The initial creation of the
Ashland Community Resource Center was not as a homeless help center. It was a center for all residents.
He was not against doing a reallocation but it meant taking away from other agencies that did good work.
City Council Business Meeting
May 2, 2017
Page 6 of 9
Since that vote, he had not received any communication from OHRA. What he did receive was public
shaming, cyber bullying, and hostility. He supported OHRA and wanted them to do well. A grant was an
investment:. He would oppose rescinding the vote.
Councilor :Darrow commented it was unfortunate the appearance of conflict of interest or conflict of interest
had become the issue and not really looking at the numbers served at the Ashland Community Resource
Center. She supported the work they were doing and supported rescinding the vote. Councilor Morris
noted OHRA's improvement over the last year. He was not in favor of the reduced allocation. He had
intended to the move to rescind the vote until he saw what was happening in the newspaper and social
media. City ethics rules were stricter than state ethic rules. He did not support awarding OHRA the original
$41,958. However, OHRA was trying to turn the organization around. He was not sure if he would support
the motion or not. Councilor Rosenthal did not think the vote was about Commissioner Harris or supporting
OHRA. It was about what message it sent regarding the social service grant process. He would not support
the motion. He suggested having a Study Session to review the social service grant allocation process.
Roll Call Vote: Councilor Seffinger, Slattery, and Darrow, YES; Councilor Morris, Rosenthal, and
Lemhouse, N0. Mayor Stromberg broke the tie with a YES vote. Motion passed 4-3.
Councilor Slattery/Seffinger m/s to have staff bring forward a funding mechanism to add X25,000 to
the social service grants Thursday night during the Budget Priorities meeting. This one time addition
to the social service grants will allow for a reestablishment of a certain amount of money to OHRA
without reducing other allocations. DISCUSSION: Councilor Slattery stated it was hugely unfair to
pull mone}~ back from the other grantees. Council needed to review the funding process. He was never in
favor of heaving the Housing and Human Services Commission manage the process. He clarified the
$25,000 was in addition to the $4,000 already allocated to OHRA. Councilor Seffinger noted the City was
on hard tunes regarding what was happening with the federal and state government. Many things were
happening right now and it made sense to support the vulnerable people in the city and the world. In
addition to~ homeless people, she was looking at the increased rate of sexual assault, abuse in families,
unemployment, and drug use. Trying to put money into this situation was important.
Interim City Administrator John Karns explained they would have to defunct something in one of the
departments to cover the amount. Allocations for some of the agencies received substantially more than
they had requested. Councilor Seffinger added she had taken over allocated amounts into consideration
when she was reallocating the grant award for OHRA. Councilor Lemhouse would not support the motion
due to the timing of the budget and the lack of discretionary money. Roll Call Vote: Councilor Slattery,
Lemhouse, and Seffinger, YES; Councilor Morris, Darrow, and Rosenthal, N0. Mayor Stromberg
broke the tie with a NO vote. Motion failed 4-3.
Councilor Darrow/Slattery m/s to look at reallocation of the social service grants with an increase to
OHRA in a way that did not increase the overall budget but reallocated within that framework.
DISCUSSION: Councilor Darrow explained the motion would put the allocations of the social service
grants back on the table. It could go back to the original allocations from the Commission or the numbers
could change.
Councilor Slattery/Darrow m/s to amend the motion to direct staff to come back with a plan that
allocated $25,000 to OHRA and reorganized the $135,000 to achieve that in the most equitable
manner. ])ISCUSSION: Councilor Seffinger explained there were some discrepancies in what agencies
requested, the Housing and Human Services Commission approved, and Council approved. She forwarded
a document of her recommendations that she had developed for reallocation. Councilor Lemhouse would
support the amendment and questioned when it would return to Council for review. Mayor Stromberg
suggested bringing it to the next Council meeting. Councilor Lemhouse wanted to review the process for
grant allocation. Councilor Morris commented that staff would now set allocations when Council should
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City Council Business Meeting
May 2, 2017
Page 7 of 9
set them. He would not support the amendment. Roll Call Vote: Councilor Darrow, Slattery,
Lemhouse, and Seffinger, YES; Councilor Morris and Rosenthal, N0. Motion passed 4-2.
Council directed staff to bring the reallocations to the next Council meeting.
Roll Call Vote on the amended motion: Councilor Darrow, Slattery, Lemhouse, and Seffinger, YES;
Councilor Morris and Rosenthal, N0. Motion passed 4-2.
Councilor Slattery/Lemhouse m/s to move agenda item #2. Selection of Interim City Recorder under
Unfinished Business after agenda item #1. Appointment to Citizen Budget Committee under New
and Miscellaneous Business. Voice Vote: all AYES. Motion passed.
NEW ANI) MISCELLANEOUS BUSINESS
1. Appointment to Citizen Budget Committee
Assistant to the City Recorder Dana Smith explained the vacancy would fill Pamela Lucas' position on the
Budget Committee. The City received applications from Tonya Graham, Pauleen Miller, James Nagel,
Michael Pavlik, and Peter Schultz.
Council participated in three rounds of voting that resulted in the appointment of James Nagel. Round One
had three votes for Tonya Graham from Councilor Darrow, Mayor Stromberg, and Councilor Slattery. Two
votes for Pauleen Miller from Councilor Rosenthal and Morris, and two votes for James Nagel from
Councilor Seffinger and Lemhouse.
Round Two had three votes for Pauleen Miller from Councilor Darrow, Mayor Stromberg, and Councilor
Slattery. James Nagel received four votes from Councilor Rosenthal, Seffinger, Lemhouse, and Morris.
Round three had three votes for Tonya Graham from Councilor Darrow, Mayor Stromberg, and Councilor
Slattery. James Nagel won with four votes from Councilor Rosenthal, Seffinger, Lemhouse, and Morris.
Councilor Lemhouse/Morris m/s to approve the appointment of James Nagel to the Citizens Budget
Committee with a term ending 1213112018. Voice Vote: all AYES. Motion passed.
UNFINISHED BUSINESS
1. Selection of Interim City Recorder
Council did not consider the late submittal of an internal applicant, discussed the qualifications of the three
remaining candidates, and determined the best fit for the position was Melissa Huhtala.
Councilor Slattery/Lemhouse m/s to appoint Melissa Huhtala as Interim City Recorder.
DISCUSSION: Councilor Slattery thought Ms. Huhtala had the experience and met all the qualifications.
Councilor Lemhouse added Ms. Huhtala had previously worked for the City. If she had not applied, one
of the other two candidates could have stepped up. Ms. Huhtala was a good team member, was willing to
run for reelection, and hopefully, would provide sustainability. He supported her. Roll Call Vote:
Councilor Darrow, Slattery, Rosenthal, Morris, Lemhouse, and Seffinger, YES. Motion passed.
Z. Downtown parking management strategy
Public Works Director Mike Faught explained the Downtown Parking Management and Circulation ad hoc
Advisory Committee recommended Council approve the parking strategy. Rick Williams from Rick
Williams Consulting provided the following presentation:
Process
• Extensive work and engagement with the Downtown Parking Management and Circulation ad hoc
Advisory Committee - 9 meetings
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City Council Business Meeting
May 2, 2017
Page 8 of 9
• Review of previous parking planning effort - 2014 Community Planning Workshop and University
of Oregon
• Collect comprehensives off-street data set -August 2015
• Develop consensus priorities and decision-making triggers -Guiding Principles
• Develop 36 month strategy plan
Key Findings
• On street parking is heavily utilized peak season (>85%)
• Off street parking presents an opportunity for absorbing demand
• More data needed during non-peak periods
• Status quo systems will not result in desired solutions
• Comprehensive nature of managing parking will require on-going and focused management,
reporting, marketing/communications and public engagement
• Tasks associated with implementing a new parking management plan will require a level of time,
resources and engagement that are not currently in place
• Active participation of the private sector will be essential
Recommendations
• The parking plan is iterative and divided into two phases:
a. PHASE 1: 0-18 months
b. PHASE 2: 18-36+ months
PHASE 1: 0-18 months -Strategies 1-15 set the stage for:
• Solving near term problems
• Implementing basic improvements to the system
• Gathering data to inform good long-term decision making
• Maximizing existing supply
• Setting the stage for new infrastructure
PHASE 1 Strategies include:
• Formalize Guiding Principles and 85% Rule
• Centralize Parking Management. A single division headed by a professional parking manager.
Supported by a Downtown Parking Advisory Committee (DPAC)
• A reasonable schedule of data collection to better assess performance of the downtown parking
supply
• Create a new parking brand
• Implement shared use strategy for off street (employees)
• Simplify on-street time stays, using new brand
• Deploy new off street signage package
• Implement four-tiered strategy to improve bicycle parking
• Design wayfinding system/program
• Evaluate feasibility of on-street pricing.
18 - 36+ month: Strategies 16-20 set the stage for:
• Pricing parking
• Creating new access capacity
• Coordinated parking management in neighborhoods
• Identifying funding options for new capacitylgrowth
• Sustained management and service delivery
PHASE 2 Strategies include:
• Transition to on-street pricing
a. Explore residential and employee permit programs (on-street)
b. Initiate rigorous public engagement and communications/rollout strategy
c. Implement on-street pricing (est. January 2018)
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City Council Business Meeting
May 2, 2017
Page 9 of 9
~ Explore expanding access capacity -new parking supply and/or transit/shuttle options
a. Identify parking sites
b. Identify transit/shuttle routes and frequencies
c. Cost forecasting
d. Develop funding options
e. Initiate new capacity plan (est. June 2019)
Mr. Faught addressed funding and corrected an earlier statement that they had money for parking
management. There was $370,000 in the account. They would bring in additional funds due to parking
fees. However, it was allocated in the General Fund and staff could not spend it on parking management
without depleting the whole fund. It made it difficult to fund a new employee and expand the Diamond
Parking program. He recommended Council adopt the program and determine funding in the future. Not
approving the plan could jeopardize implementation.
Councilor Lemhouse/Slattery m/s to accept the Downtown Strategic Parking Management Plan as
presented and wait until additional funding is available to implement certain aspects.
DISCUSSION: Councilor Lemhouse appreciated the work that went into the plan. It did not mean the
City would implement all aspects. Councilor Slattery thought the plan had merit with possible smaller
projects that could be implemented inexpensively. Councilor Seffinger did not have many positive thoughts
regarding the plan. There were several points to consider, the aging population, riding bikes on icy hills,
the demographics of the town, and people working at night. The plan felt urban and not small town oriented.
Councilor Morris appreciated all the work but could not support the plan without a funding stream.
Councilor [~osenthal acknowledged the almost three years of work from staff and citizens. Most of the
strategies were common sense based. Roll Call Vote: Councilor Rosenthal, Slattery, and Lemhouse,
YES; Councilor Morris, Darrow, and Seffinger, N0. Mayor Stromberg broke the tie with a NO vote.
Motion failed 4-3.
NEW ANI) MISCELLANEOUS BUSINESS
2. 2017 Council liaisons to boards, commissions and committees
Delayed due to time constraints.
ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Approval of second reading by title only of an ordinance titled, "An ordinance amending AMC
Chapter 1.08 General Penalties, Section 1.08.005F(2) to reflect prior amendment to AMC
10.120.020 persistent violation"
Delayed du.e to time constraints.
2. Approval of second reading by title only of an ordinance titled, "An ordinance amending AMC
14.04.060 Water Connections outside the city limits" [with the correction of one word in Section
1.14.04.060B.3.i "direction" to "discretion"]
Delayed due to time constraints.
OTHER BUSINESS FROM COUNCIL MEMBERSIREPORTS FROM COUNCIL LIAISONS
ADJOURNMENT OF BUSINESS MEETING
Meeting adjourned at 10:30 p.m.
Dana Smith, Assistant to the City Recorder John Stromberg, Mayor
I
City Council Business Meeting
May 2, 2017
Page 9 of 9
• Explore expanding access capacity -new parking supply and/or transitlshuttle options
a. Identify parking sites
b. Identify transit/shuttle routes and frequencies
c. Cost forecasting
d. Develop funding options
e. Initiate new capacity plan (est. June 2019)
Mr. Faught addressed funding and corrected an earlier statement that they had money for parking
management. There was $370,000 in the account. They would bring in additional funds due to parking
fees. However, it was allocated in the General Fund and staff could not spend it on parking management
without depleting the whole fund. It made it difficult to fund a new employee and expand the Diamond
Parking program. He recommended Council adopt the program and determine funding in the future. Not
approving the plan could jeopardize implementation.
Councilor Lemhouse/Slattery m/s to accept the Downtown Strategic Parking Management Plan as
presented and wait until additional funding is available to implement certain aspects.
DISCUSSION: Councilor Lemhouse appreciated the work that went into the plan. It did not mean the
City would implement all aspects. Councilor Slattery thought the plan had merit with possible smaller
projects that could be implemented inexpensively. Councilor Seffinger did not have many positive thoughts
regarding the plan. There were several points to consider, the aging population, riding bikes on icy hills,
the demographics of the town, and people working at night. The plan felt urban and not small town oriented.
Councilor Morris appreciated all the work but could not support the plan without a funding stream.
Councilor Rosenthal acknowledged the almost three years of work from staff and citizens. Most of the
strategies were common sense based. Roll Call Vote: Councilor Rosenthal, Slattery, and Lemhouse,
YES; Councilor Morris, Darrow, and Seffinger, N0. Mayor Stromberg broke the tie with a NO vote.
Motion failed 4-3.
NEW AND MISCELLANEOUS BUSINESS
2. 2017 Council liaisons to boards, commissions and committees
Delayed due to time constraints.
ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Approval of second reading by title only of an ordinance titled, "An ordinance amending AMC
Chapter 1.08 General Penalties, Section 1.08.OOSF(2) to reflect prior amendment to AMC
10120.020 persistent violation"
Delayed due to time constraints.
2. Approval of second reading by title only of an ordinance titled, "An ordinance amending AMC
14.04.060 Water Connections outside the city limits" [with the correction of one word in Section
1.14.04.060B.3.i "direction" to "discretion"]
Delayed due to time constraints.
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
ADJOURNMENT OF BUSINESS MEETING
Meeting adjourned at 10:30 p.m.
T-
ana Smith, Assistant to the City Recorder ~ h Strom rg, Mayor
City Council Special Meeting
May 4, 2017
Page 1 of 3
MINUTES FOR THE SPECIAL MEETING
ASHLAND CITY COUNCIL
May 4, 2017
Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Stromberg called the meeting to order at 6:57 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Slattery, Morris, Lemhouse, Seffinger, Rosenthal, and Darrow were present.
UNFINISHED
1. Continued discussion of budget priorities for 2017-19 Biennium
Interim Finance/Administrative Services Director Bev Adams submitted a document into the record on
Council Project Revenues and Council Approved Projects under Consideration. Some Councilors
wanted to do all the projects but that was not feasible or practical. Staff took Council's top four priorities
and assigned revenue sources. The Fire Department would reorganize their own budget to fund Project #
7. Deputy Fire Marshall. The Interim City Administrator would fund Project #8. Emergency Shelter
contract renewal through his budget. Staff did not assign revenue sources to Project #5. Housing trust
fund, 6. Assistant City Administrator, and 9. Parking Coordinator position.
Revenue sources included:
1. Public Safety Support
For ongoing revenue, staff determined charging a utility bill fee on the electric and water accounts were the
most equitable options. Revenue #4. Marijuana tax subventions -State portion would eventually be a
viable source for the public safety fee. Once the City knew the ongoing tax amount it could reduce the
utility bill fee. The state portion was restricted to law enforcement specifically.
2. $.09 unassessed property tax
Staff recommended implementing this as of July 1, 2017 or no later than July 1, 2018 to prepare for future
expenses that current revenues and ending fund balances could not absorb. Funds from the tax could
support the LEAP position and add to the ending fund balance. In addition, it would help offset the increase
in the Public Employee Retirement System (PERS) liability. PERS would continue to increase through
2023. The City will not have the reserves to meet these increases over the next six years. There was always
the option ~to reduce a property tax after 2023 if it was not needed.
3. Marijuana tax subventions -City Portion
Ongoing rE;venue is unmeasurable at this time and not in the budget.
4. Marijuana tax subventions -State portion
Ongoing revenue is unmeasurable at this time and not in the budget.
5. Water Franchise Fee
This restored the 2% to the initially approved water franchise fee of 8%. The rate was consistent with the
wastewater franchise and in the budget.
The parking revenue and project was not included because Council indicated they did not want to do the
project. Parking revenue was not tied to anything other than meeting Diamond Parking obligations. These
funds were budgeted. Whether Council decided to use them on the parking plan or coordinator position
was their decision.
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City Council Special Meeting
May 4, 2017
Page 2 of 3
Assistant to the City Administrator Adam Hanks explained there was just under $400,000 from a prior
surcharge on parking tickets and it was no longer an ongoing revenue stream. Council had restricted the
funds for parking related expenditures and could undo the restriction through a resolution. A second piece
was an ongoing revenue stream that had been paying the debt service on a parking structure the City recently
paid in full. Then there was the contract for Diamond Parking. Ms. Adams added the money was in the
carryover of the General Fund and included in the budget. If Council wanted to use the ongoing funds,
they would have to find other revenue to offset Diamond Parking expenses. Council coup use the $400,000
to rebuild the reserve fund.
Interim City Administrator John Karns explained ambulance revenue was typically a little volatile. Over
the past two years however, it had experienced a steady increase due to the Affordable Care Act (ACA). It
was not a reliable revenue source because of the potential repeal of the ACA. In addition, many people did
not pay their ambulance bill and it came back as an expense item to the Fire Department. It was not a true
net revenue.
Ms. Adams reviewed the top four projects approved by Council:
1. Police Staffing
Staff recommended using the hybrid fee format that distributed the cost between electric and water
accounts.
2. Rebuild Reserve Fund
Council could dedicate the City's portion of marijuana taxes to rebuilding the reserve fund. They could
cap the amount between $50,000 and $100,000. Staff recommended a Study Session in the fall to discuss
tax uses and possibly re-establish the reserve fund by resolution.
3. CEAP staff position
Staff recommended using the additional property tax assessment to fund this position.
4. Permit staff position
Community Development could increase fees to generate $30,000, take $20,000 out of economic
development, and split the $68,000 between the remaining enterprise funds.
Council comments wanted a review of the Community Development Department before adding the
position. F'or the CEAP position, Council wanted to know if reassigning current staff duties eliminated the
need to fund a new position. Some wanted to go through the budget process then determine priorities.
There was a final pitch to include funding the Housing Trust Fund as a priority through property taxes or
marijuana revenues. Council majority determined funding the Housing Trust Fund was not a priority at
this time.
Councilor Lemhouse left the meeting at 7:54 p.m.
Council thought the Budget Committee should be part of the discussion on raising the property taxes. Also
discussed was presenting Council approved projects and recommended funding sources to the Budget
Committee for consideration as long as Council had the ability to move forward with them.
Council discussed funding the five new police officer hires they approved at an earlier meeting. Some
wanted to wait after they approved the budget in case other funding was available. They could propose a
utility bill fee at any time if needed. Council comment suggested using the $.09 property tax to fund the
CEAP position and part of the police staffing. Funding for the police officers would occur in phases
City Counci] Special Meeting
May 4, 2017
Page 3 of 3
allowing Council to review funding options.
Councilor Darrow/Rosenthal m/s that as the Council looked at the budget they include possibilities
of projected revenues that include the possible increase in the property tax, the marijuana city tax,
the marij uana state tax, the water franchise free, parking fees, other revenues that might be identified
and apply them to the priorities the Council has some consensus on including police staffing,
rebuilding the reserve fund, the CEAP staff position, and an ongoing revenue stream for the Housing
Trust Fund. DISCUSSION: Councilor Darrow explained there were different revenue options that
warranted further discussion. Councilor Morris noted the motion left out Council Project #4. Permit
staff position and added #5. Housing Trust Fund. He would not support item #5 without a known
amount. Councilor Darrow responded her intent was the Housing Trust Fund would be part of the
discussion as Council moved forward with the budget.
Councilor Slattery/Seffinger m/s to amend the motion and not include the funding stream for the
Housing Trust Fund. DISCUSSION: Councilor Slattery thought there should be funding for the Housing
Trust Fund. He did not think the funding mechanism should come through the Budget Committee. It was
undetermined at this point and needed development. Councilor Seffinger thought Council was looking at
their priorities and identifying revenue streams. It was premature to look at how they would fund the
Housing Trust Fund. Roll Call Vote: Councilor Seffinger, Slattery, and Morris, YES; Councilor
Rosenthal and Darrow, N0. Motion passed 3-2.
Mayor Stromberg described Mr. Karns' efforts to develop a plan regarding the permit staff position in
Community Development. He had found a way to fund it through a modest increase to Community
Development fees along with the possibility of getting $64,000 from the enterprise funds. The Mayor
thought it was would be good to include it as a priority.
Councilor Rosenthal/Slattery m/s to amend the motion to include the permit staff position for
consideration as a Council approved project for funding. DISCUSSION: Councilor Rosenthal thought
it was reasonable. Councilor Slattery agreed and thought it should move forward. Councilor Morris wanted
an evaluation of the Community Development Department as a first attempt before raising fees.
Roll Call Vote: Councilor Morris, Seffinger, Rosenthal, Slattery, and Darrow, YES. Motion passed.
Roll Call Vote on amended main motion: Councilor Darrow, Slattery, Rosenthal, Seffinger, and
Morris, YES. Motion passed.
ADJOURNMENT
Meeting adjourned at 8:53 p.m.
Dana Smith, Assistant to the City Recorder John Stromberg, Mayor
I
City Council Special Meeting
May 4, 2017
Page 3 of 3
allowing Council to review funding options.
Councilor Darrow/Rosenthal m/s that as the Council looked at the budget they include possibilities
of projected revenues that include the possible increase in the property tax, the marijuana city tax,
the marijuana state tax, the water franchise free, parking fees, other revenues that might be identified
and apply them to the priorities the Council has some consensus on including police staffing,
rebuilding the reserve fund, the CEAP staff position, and an ongoing revenue stream for the Housing
Trust Fund. DISCUSSION: Councilor Darrow explained there were different revenue options that
warranted further discussion. Councilor Morris noted the motion left out Council Project #4. Permit
staff position and added #5. Housing Trust Fund. He would not support item #5 without a known
amount. Councilor Darrow responded her intent was the Housing Trust Fund would be part of the
discussion as Council moved forward with the budget.
Councilor Slattery/Seffinger m/s to amend the motion and not include the funding stream for the
Housing Trust Fund. DISCUSSION: Councilor Slattery thought there should be funding for the Housing
Trust Fund. He did not think the funding mechanism should come through the Budget Committee. It was
undetermined at this point and needed development. Councilor Seffinger thought Council was looking at
their priorities and identifying revenue streams. It was premature to look at how they would fund the
Housing Trust Fund. Roll Call Vote: Councilor Seffinger, Slattery, and Morris, YES; Councilor
Rosenthal and Darrow, N0. Motion passed 3-2.
Mayor Stromberg described Mr. Karns' efforts to develop a plan regarding the permit staff position in
Community Development. He had found a way to fund it through a modest increase to Community
Development fees along with the possibility of getting $b4,000 from the enterprise funds. The Mayor
thought it was would be good to include it as a priority.
Councilor RosenthaUSlattery m/s to amend the motion to include the permit staff position for
consideration as a Council approved project for funding. DISCUSSION: Councilor Rosenthal thought
it was reasonable. Councilor Slattery agreed and thought it should move forward. Councilor Morris wanted
an evaluation of the Community Development Department as a first attempt before raising fees.
Roll Call Vote: Councilor Morris, Seffinger, Rosenthal, Slattery, and Darrow, YES. Motion passed.
Roll Call Vote on amended main motion: Councilor Darrow, Slattery, Rosenthal, Seffinger, and
Morris, YES. Motion passed.
ADJOURNMENT
Meeting adjourned at 8:53 p.m.
Dana Smith, Assistant to the City Recorder oh Str berg, Mayor
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➢ ~ • Rotary International is comprised of 35,000 clubs and 1.2 million members ° ~ ~
' e includin over 150 active Ashland Rotarians• ° ~
~ ~ ~ ~ worldwdd , g ~
• The Rotary Club of Ashland was established in 1941 and is thus recognizing its J~
75th Diamond Jubilee Year; ~
~ ➢ ~~o The Rotary Club of Ashland Lithia Springs was established in 1991 and is thus ~ ~
~ ~ ~ recognizing its Silver Anniversary;
• The Clubs have enriched the community by observing the Rotary motto,
//(//////]]]~~~JJJ ➢ ~ "Service Above Self," and have sponsored projects to aid and otherwise benefit
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~ ~ ° the aged, youth, the ill, the poor, the illiterate, and the environment; ) ; a~
• The Clubs have also actively supported international projects including Rotary
International's signature project to eradicate polio worldwide; ~
~ ➢ Q • The Rotary Club of Ashland's signature projects have included providing ~ ° ~ ~ ~
~
~ ~ ~ housing and water to villages in Guanajuato, Mexico; medical equipment and ~
~ r~
books to the Republic of Congo; financing to support improvements to ~ ~ ,
➢ ~ Ashland's Rotary Centennial Ice Rink; scholarships for Ashland Hlgh School ~
~ ° graduates and Southern Oregon University undergraduates; providing books to ° ,
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all 1 and 2 graders in the Ashland School District; and cultivating a garden to ~
provide produce to the Ashland Emergency Food Bank;
➢ ~ • The Rotary Club of Ashland Lithia Springs' signature projects have included ~ ~;or ~ ~
u ° c tional ° ~
~ ~ ~ , rebuilding of bridges and labeling of plants in Lithia Park; vo a c ~ ~ ~ ~
scholarships for local youth; enclosing the garden at the Food Bank; and~om~ng
with the Rotary Club of Ashland in providing clean water to villages in
➢ Guanajuato, Mexico. ~
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NOW THEREFORE, the City Council and Mayor, on behalf of the citizens of Ashland, ~
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do hereby proclaim May 22 - 28, 2017 as ~ ,
~ ➢ ~ ~ ~ °
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Rotar Club meek r
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<p,~ ➢ ~ and hereby urge all citizens to recognize the beneficial service of these Clubs and ➢ ° ~~(p~~
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~ ~ ~ ~ Rotary International to improving the human condition in Ashland and communities ~ ~
around the world.
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Dated this 16th day of May, 2017. °
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~ ~ John Stromberg, Mayor ~ ° g ~
~ Dana Smith, Assistant City Recorder
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PROCLAMATION
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Ori March 17, 2015, the Ashland Mayor and Ci y o p pp )
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Culture of Peace community.
On Se tember 21, 2015, the United Nations International Day of Peace, the Ashland ~
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~ ~ ~ Culture Of Peace Commission was launched as a citizens commission. ' ~ ~
~ ~ ° • The core and stren th of our communit is based on relationshi s of mutual respect, )
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integrity, and recognition of the inherent value of each person in the diversity of our
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D Official reco ninon of Ashland as an International Ci of Peace will rovide ° .
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~ d inspiration for all citizens to create an emerging, evolving, .living model for thriving
together as fellow humans. - ~ ~
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~ ° NOW, THEREFORE, the City Council and Mayor, on behalf of the citizens of ~ ~
~ ~
Ashla~ld, do proclaim that the City of Ashland, Oregon, is a
~ ~ ~ ~
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° Clt of Peace ~ ~
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in erhetuity and encourage city and community leaders to work with concerned ~ ~ ~
D evelo olicies and rocedures that romote a culture of eace in our °
~ citizens to d p p p p p
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° Dated this 16th day of May, 2017 ~ ~ ~
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ncil Business Meetin
Cou
. ~
Title: Ashland Police Department's Annual use of Force Report
From: Tighe O'Meara Police Chief
tighe.omeara anashland.or.us
Summar~~:
Since 2008 the Police Department has come before Council to provide an annual use of force
report. This presentation has grown in scope and now includes use of force, crime and clearance
rates and an update on the enhanced law enforcement area (ELEA).
Actions, Options, or Potential Motions:
No action is necessary.
Staff Recommendation:
NIA
Resource Requirements:
NIA
Policies, t'lans and Goals Supported:
47. Keep the Council informed of organizational activity and provide timely information for
Council decision-making.
Background and Additional Information:
During 2016 the Police Department used force 29 times. This represents a 93% increase from the
previous gear. While the decrease in 2015 was noticeable, it appears to have been a variance from
the norm, and 2016 marked a return to levels similar to 2014 and 2013. There were six instances
of the Taser conducted energy weapon being used in 2016, and one additional instance of it being
drawn and presented but not used. There was one use of pepper spray in 2016. There was one
instance of a less lethal munition being deployed against a subject (bean bag round from a shotgun)
in 2016. There were six instances of officers being injured, with all of the injuries being fairly
minor. There were 15 instances of suspects complaining of injury. Of those 15 complaints, l3 were
of minor injuries (cuts, scrapes, bruises) and 2 were of pain. 62% of the use of force involved
someone under the influence of drugs or alcohol. 66% of the incidents occurred at night. The APD
generated 3925 cases in 2016, meaning that 0.73% (<1%) of APD's cases involved a use of force.
During 2016 Ashland officers received a total of 799 hours of use of force training.
Crime rate is based on the number of part one crimes occurring in a jurisdiction. Part one crimes
are those that are reported annually to the FBI for inclusion into the Uniform Crime Report. They
are homicide, rape, robbery, aggravated assault, burglary, auto theft and larceny. In 2016 the
Page 1 of 2 C 1? Y O F
SHLAN
Ashland Police Department took 829 reports of part one crimes occurring inside the city. This is
up from 2015 when we took 641 reports. For further comparison in 2014 we took 629 and 2013
we took 694. Violent crime is defined as homicide, rape, robbery and aggravated assault. There
were 39 violent crimes reported to the Ashland Police Department in 2016, up from 20 reported in
2015. Clearance rates for part one crime remain high at 40%. Clearance rates for violent crime
remains very high at 90%.
The Enhanced Law Enforcement Area (FLEA) ordinance has been in effect since August of 2012.
The FLEA is roughly defined as downtown Ashland and has recently been modified to include the
parking lot at 130 N. Pioneer. In this area we see a concentrated number of complaints and
disorderly behavior as this is the focal gathering point for many members of the community. A
conviction of three or more qualifying violations (or crimes) in Ashland Municipal Court within a
six-month. period may result in a person being expelled from the downtown area. The qualifying
violations are: scattering rubbish; unnecessary noise; dogs-control required; consumption of
alcohol; open container of alcohol; dog license required; or use of marijuana in public. In 2016
there werE~ 150 FLEA violation convictions in the municipal court. There were 17 people expelled
from the downtown area and there were eight people charged with persistent violator failure to
appear under the city ordinance. The FLEA continues to be a valuable tool to address chronic
negative behavior.
AttachmE~nts:
None
Page 2 of 2 CITY O F
SHLAN
auncil Business Meetin
C
Title: Report on the Jail Bed Rental Program
From: Tighe O'Meara Police Chief
Tig he. omeara@ash land . or. us
Summary:
Staff is bringing a report to Council on the jail bed rental program, including how it has been
used and :potential plans for future use.
Actions, Options, or Potential Motions:
No action. required
Staff Recommendation:
There are no staff recommendations.
Resource Requirements:
The contract with the county states that each day a bed us used is costs the city $100. If the
program were used to its maximum capacity, it would cost the city $73,000 per year. So far the
jail bed rental program has cost the city $11,400.
Policies, Plans and Goals Supported:
23. Support innovative programs that protect the community.
Background and Additional Information:
In April 2016, Council authorized a contract between the City and Jackson County to house
people convicted of crimes in Ashland Municipal Court at the Jackson County Jail. This was in
response pro a desire to see more meaningful ramifications for negative behavior in the City of
Ashland. Since the program's inception six different people convicted of crimes in Ashland
Municipal Court have spent a total of 114 days incarcerated under this contract. This program
has cost the City $11,400 so far. If this program were used to its maximum potential, it would
cost the City $73,000 a year. The $11,400 spent so far was not budgeted for and has been
absorbed in the Police Department budget. The $73,000 potential cost has been budgeted for in
the upcoming biennial budget. So far, only people convicted of crimes in the Municipal Court
have been sentenced to jail terms using rented bed space. There is a potential to bolster the
program ~~nd use it for pre-trial housing, but this is much more complicated than using it for
housing convicted defendants. In order to use the rented j ail. beds for pretrial housing the
Municipal Court would have to adjust its logistics as would the City's Legal Department and a
video arraignment system would have to be installed.
Attachments:
None
Page 1 of 1 CITY O F
SHLAN
ASHLAND HISTORIC COMMISSION
Meeting Minutes
April 5, 2017
Community DevelopmentlEngineering Services Building - 51 Winburn Way -Siskiyou Room
CALL TO ORDER:
Commission Chair, Shostrom called the meeting to order at 6:01 pm in the Siskiyou Room at the Community
Development and Engineering Offices located at 51 Winburn Way, Ashland OR 97520.
Commissioners Present: Council Liaison:
Shostrom
Skibby
Emery Staff Present:
Leonard Maria Harris; Plannin Dept,
Swink Re an Trapp; Secreta
Von Chamfer
Commissioners Absent: Whitford (E) Giordano (E)
APPROVAL OF MINUTES:
Lec►nard motioned to approve minutes from March 8, 2017, Swink seconded, Voice vote; All AYES, Emery
abstained, Motion passed.
PUBLIC FORUM:
There was no one in the audience wishing to speak.
COUNCIL LIAISON REPORT:
ThE;re has not been a Council Liaison appointed to the Commission as of yet so no report was given.
PLANNING ACTION REVIEW
PLANNING ACTION: PA-2017-00325 (Continued)
SUBJECT PROPERTY: 746 C Street
pWNER 1 APPLICANT: Philip and Micaela Gahr
DESCRIPTION: A request for Site Design Review and a Conditional Use Permit (CUP) to allow for
the conversion (and expansion) of an existing garaged into habitable living space to be used as an
Accessory Travelers' Accommodation, This request would approve the future conversion of the
newly created living space into a formal second dwelling unit upon the discontinuation of the
conditional use. COMPREHENSIVE PLAN DESIGNATION: Multi-family Residential; ZONING: R-2;
ASSESSOR'S MAP: 391 E09AC; TAX LOT: 8700,
There was no conflict of interest or ex-pane contact indicated by the Commission,
Harris gave a summary of the new materials submitted for PA-2017-00325.
Shostrom opened the public hearing to the applicants.
Chris Brown, Architect for the project and the owners Philip and Micaela Gahr presented to the
Commission, Chris Brown explained the changes to the project and stated that the project will be an
improvement along the alley,
Shostrom closed the public hearing and opened to the Commission for discussion,
Swink motioned to approve PA-2017-00325 with recommendations, Skibby seconded. Uoice vote;
All AYES, Motion passed,
Recommendations:
1. Use smooth rather than woodgrain siding,
2, Use beige vinyl windows rather than white vinyl windows,
PLANNING ACTION: PA-2017-00200
SUBJECT PROPERTY: 165 Water Street (corner of Van Ness & Water Streets)
OWNERIAPPLICANT: Magnolia Investment Group, LLCIGiI Livni
DESCRIPTION: A request for Site Design Review approval to construct a 42,841 square foot, three-story,
mixed-use building consisting of commercial tenant space on the ground floor, 26 hotel units on the second
floor, and ten residential condominiums on the third floor for the vacant property located at 165 Water Street,
at the corner of Van Ness and Water Streets, in the Skidmore Academy Historic District. The application
includes requests for a Conditional Use Permit to allow hotellmotel use; an Exception to Street Standards; a
Physical & Environmental Constraints Review Permit for the development of floodplain and severe constraints
lands; and a Tree Removal Permit to remove seven trees, COMPREHENSIVE PLAN DESIGNATION:
Employment; ZONING: E-1; ASSESSOR'S MAP: 391E 04CC; TAX LOT 2000
Skibby stated that he printed some photos far the applicants and Emery has worked for Ms. Gunter on several
projects. Both Skibby and Emery stated that these contacts with the applicants will not affect their judgment
ordecision on this project,
Harris gave the staff report for PA-2017-00200.
Shostrom opened the public hearing to the applicants,
Applicants present were:
Amy Gunter, Rogue Planning and Dev 1424 S, Ivy St. Medford, OR 97501.
Gil Livni, Magnolia Investments, 2532 Old Mill Way, Ashland, OR 97520.
Cave Evans, Ron Grimes Architects.
Brian Westerhouse, Ron Grimes Architects,
The applicants gave an overview and history on the proposed project.
Time was extended for the Public Hearing so the Commissioners could ask some detailed questions,
After some discussion regarding concerns on cantilevers, facades on the south elevation, concerns with the
column on the east elevation that make the building look as if it's floating, and window design Shostrom
closed the public hearing and opened to the Commission for comments,
Shostrom motioned to approve PA-2017-00200 with recommendations. Skibby seconded. Uoice vote; All
AYES, Motion passed,
Recommendations:
1) Van Ness Brick Volume (at northwest end of building)
• Include column at corner of balcony
• Add a base
• Include a lintel
2) Corner Brick Volume (at intersection of Water and VanNess}
• Look at angled ground floor wall by entrance, make more symmetrical
• Second and third-story corner columns on Water St, facade have no base
3) Water Street Brick Volume (at southeast end of building}
• Provide alternative detail for ground floor east elevation (e.g., columns or arches)
• Address column at corner because corner is inset from corner of building above
DISCUSSION ITEMS;
There were no items to discuss,
COMMISSION ITEMS NOT ON AGENDA:
There were no items to discuss.
NEW ITEMS:
• Review board schedule,
• Project assignments far planning actions,
• Presentation to the City Council on April 18th
o Harris stated that a volunteer from the Commission is needed to present at the City Council
meeting on April 18~, Shostrom & Swink volunteered to give the presentation and Harris will
get a small presentation together for them,
• HPW -Winner selections & description blurb assignments,
0 236 Fifth, Historically Compatible Res. ADDN assigned to Emery,
0 872 Siskiyou, Historically Compatible SFR assigned to Whitford,
0 160 Van Ness, Historically Compatible SFR assigned to Von Chamfer,
0 95 N. Main, Historically Compatible Comm, Bldg, assigned to Swink,
o Pioneer Hall Courtyard, Civic Award assigned to Shostrom,
• The other finalists were 124 Nutley & 151 Coolidge, both of which the Commissioners were going to take
a look and see if the work done qualified for an award. If it does qualify, then Giordano will do the write
up for whichever of these properties is chosen.
OLD BUSINESS:
There were no items to discuss.
Review Board Schedule
April 6th Ter ,Keith, Dale
A ril 13~' Ter ,Sam, Tom
April 20th Ter ,Piper, Bill
April 27th Ter , Sam, Ta for
Ma 4th Ter , Ta lor, Keith
Project Assi nments for Plannin Actions
PA-2014-00710 143 Nutley Swink & Whitford
PA-2014-02206 485 A Street Whitford
PA-2015-00878 35 S, Pioneer Leonard
PA-2015-01695 399 Beach Skibby
PA-2015-01517 209 Oak Shostrom
PA-2016-00387 95 N. Main Shostrom
PA-2016-00209 25 N. Main Giordano
PA-2016-00818 175 Pioneer Shostrom &Skibby
PA-2016-00847 252 B Street Whitford
PA-2016-01027 276 B Street Shostrom & Leonard
PA-2016-01641 221Oak Street Shostrom
PA-2016-01947 549 Fairview Emery
PA-2016-02103 133 Alida Swink
PA-2016-02095 563 Rock St. Whitford
PA-2016-02114 556 B Von Chamier
PA-2017-00013 15, 35, 44 & 51 S, Pioneer Street ALL
PA-201 ~7-00235 114 Granite Leonard
PA-2017-00267 Trellis - OSF ALL
PA-2017-00325 746 C Street Von Chamier
PA-201 ~7-00200 165 Water ALL
ANNOUNCEMENTS & INFORMATIONAL ITEMS:
Next meeting is scheduled May 3, 2017 at 6;00 pm
There being no other items to discuss, the meeting adjourned of 8:55pm
Respectfully submitted by Regan Trapp
CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
APRIL 11, 2011
CALL TO ORDER
Chair Melanie Mindlin called the meeting to order at 7;00 p.m. in the Civic Center Council Chambers,1175 East Main
Street,
Commissioners Present: Staff Present:
Troy J, Brown, Jr, Bill Molnar, Community Development Director
Michael Dawkins Derek Severson, Senior Planner
Debbie Miller April Lucas, Administrative Supervisor
Melanie Mindlin
Haywood Norton
Roger Pearce
Lynn Thompson
Absent Members: Council Liaison:
None Dennis Slattery, absent
ANNOUNCEMENTSIADROC COMMITTEE UPDATES
Community Development Director Bill Molnar made the following announcements;1) the Planning Commission's Annual
Retreat will be held on Saturday, June 10, 2) there will be a Missing Middle Housing presentation on April 13 in Medford,
and 3) the City Council reversed the Planning Commission's decision and approved the Rogue Credit Union application,
CONSENT AGENDA
A. Approval of Minutes.
1. February 28, 2017 Special Meeting.
2. March 14, 2017 Regular Meeting.
Commissioners MillerlBrown mis approve the Consent Agenda. Voice Vote: all AYES. Motion passed 7-0.
PUBLIC FORUM
Huelz Gutcheonl2253 Hwy 991Commented on climate change and global warming and encouraged the use of solar
panels.
UNFINISHED BUSINESS
A. Adoption of Findings for PA-2017-00016, 474 Russell.
Commissioners DawkinslPearce mis to approve the Findings for PA-2017-00016, 474 Russell. Uoice Vote: all
AYES. Motion passed 7-0.
TYPE II PUBLIC HEARINGS
A. PLANNING ACTION: PA-2017-00200
SUBJECT PROPERTY:165 Water Street (corner of Van Ness & WaterStreets)
OWNERIAPPLICANT: Magnolia Investment Group, LLCIGiI Livni
DESCRIPTION: A request for Site Design Review approval to construct a 42,841 square foot, three-story,
mixed-use building consisting of commercial tenant space on the ground floor, 26 hotel units on the second
Ashland Planning Commission
Apri19 9. 209 7
Page 9 of 4
floor, and ten residential condominiums on the third floor for the vacant property located at 165 Water
Street, at the corner of Van Ness and Water Streets, in the Skidmore Academy Historic District. The
application includes requests for a Conditional Use Permit to allow hotellmotel use; an Exception to Street
Standards; a Physical & Environmental Constraints Review Permit for the development of floodplain and
severe constraints lands; and a Tree Removal Permit to remove seven trees. COMPREHENSIVE PLAN
DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 391E 04CC; TAX LOT 2000.
Commissioner Mindlin read aloud the public hearing procedures for land use hearings.
Ex Porte Contact
Commissioners Thompson, Norton, and Pearce declared site visits, Commissioner Norton stated he was approached by
a homeowner while conducting his visit and was asked whether three stories were allowed and if the alleyway was going
to line up with the dirt road.
Staff Re ort
Senior Planner Derek Severson explained this is an initial evidentiary hearing for the project at 165 Water Street to
provide the commission the opportunity to familiarize themselves with the project and identify any areas of concern
before the request comes back for deliberationldecision at the May 9 meeting. Mr. Severson stated the proposal is for a
42,821 sq.ft, three-story, mixed use building consisting of commercial tenant space on the ground floor, 26 hotel units on
the second floor, and 10 residential units on the third floor, The request also includes a conditional use permit for the
hotellmotel use, an exception to the Street Standards, a Physical and Environmental Constraints permit for the
development of floodplain and severe constraints lands, and a Tree Removal permit to remove 7 trees on the site. Mr,
Severson displayed the vicinity map, floodplain map, slope map, parking plan, site plan, elevations, tree removal plan,
landscape plan, and perspective drawings, He also presented the Historic Commission and Tree Commission
recommendations,
Mr. Severson explained staff has two primary concerns regarding the proposal;1) the integration of required public plaza
space into the project, and 2) the off-street parking requirements, Regarding the public plaza space, Mr, Severson stated
staff is concerned that significant portions of the plaza space are at the rear of the building, adjacent to the parking, and
tucked away from the public realm, And for the off street parking component, Mr, Severson explained the application
incudes parking calculations showing 63off-street parking spaces are needed, however the proposal shows 43 parking
spaces will be located in the basement and surface parking lot, The remaining 20 spaces would be addressed through a
combination of parking management strategies equating to a 32% reduction in required parking, including:1)10 on-
streetparking spaces, 2)1 parking space credit for 6 motorcycles spaces in the basement, 3) 6 parking space credits for
32 bicycle spaces, and 4) a 4 parking space reduction through a mixed use credit, Mr, Severson explained the
reductions in the required off-street parking are discretionary on the part of the Planning Commission and depend on
whether the commission believes the credits will result in a meaningful reduction in actual parking demand without
having a negative impact on the surrounding streetscape and broader neighborhood, He added in staff's preliminary
assessment, it seems questionable that additional motorcycle and bicycle parking will result in a reduction in motor
vehicle parking demand and requested the commission provide direction on this element.
Applicant's Presentation
Amy GunterlRogue Planning & Development, Dave EvanslDavid Grimes Architects, Gil LivnilMagnolia
Investment GrouplMs. Gunter explained this project has been in the works far a number of years and the property is
zoned E-1 Employment) with a residential overlay. Ms, Gunter stated the Ashland modified floodplain goes 30 ft, onto
the property, however there is no evidence water breached the curbline during the last major flooding event, and there
have been additional improvements made upstream since that time to ensure no impacts to this area, She explained
their proposal is for a 3-story mixed-use building and stated the site improvements will benefit the surrounding area. Ms,
Gunter reviewed the project details and noted the design has gone through a number of changes in working with the
city's Historic Commission, She displayed images of the proposed plaza space and commented on the green design
elements, including solar panels on the roof and a "green roof' with access for residences and guests of the hotel. Ms.
Gunter commented on the two issues raised by staff, In regards to parking, she stated their parking analysis shows a
Ashland Planning Commission
April ~ 9, 20 7 7
Page 2 of 4
peak demand of 44 spaces and their proposal exceeds this. She added the requested 32% credit is permitted in the
code under section 18.4.3.040 and stated there is a low parking demand in this area. Ms, Gunter addressed the plaza
areas and stated the project is required to provide 4,284 sq.ft, of public plaza space. The proposal includes functional
plaza areas on three sides of the structure and the areas will have awnings, sitting areas, a water feature, tables, chairs,
benches, and an outdoor eating area, She displayed perspective illustrations of the lawn area and stated the cover will
encourage year round use.
Questions of the Applicant
Commissioners Dawkins stated their plaza area looks very similar to other examples in the city, but asked how they
came up with using 32 bicycle spaces instead of providing vehicle parking spaces. Ms. Gunter stated Ashland is a
Bicycle City and many of the residents will have bicycles, She added this is a strategy permissible in the code, it is not a
variance or exception, and the parking demand analysis justifies the request,
Project Architect Dave Evans clarified the green roof will have some open areas far people to use, however this area will
not be accessible to the general public,
Commissioner Brown asked how they imagine the plaza areas being used, and stated it appears there is no access by
the general public to the area in the corner. Ms, Gunter commented that once people visit the site they will know that it is
there, She added the Plaza West building's public space is fenced off, however theirs is not blacked off in anyway.
Commissioner Pearce questioned what design issues drew them to put the largest plaza space in the rear of the
building, Mr. Grimes stated this was a tough site to design, and explained this is a better area, with nicer views and will
be a much more comfortable space for people to use with access to the sun, shelter from the wind, and shade through
the use of overhangs.
Mr, Livni clarified the underground parking area will be used by the residents and commercial space tenants and will
have a security gate.
Commissioner Thompson commented that the packet materials indicate there was a fee issue and asked if this has been
resolved, Ms. Gunter stated this has not been worked out yet and Mr, Severson noted there is a condition or approval
that will clarify the building valuation based on code methodology,
Public Testimony
Jim Northl85 CentrallVoiced his concerns regarding parking, Mr, North stated both Water Street and Central Avenue fill
up and there are also campers parked along the street. He added the majority of the time the public parking lot on Water
Street is also full. He stated this proposal provides 34 parking spaces for the hotel and commercial space and can't
fathom how this would work. Mr, North stated another concern is the placement of the stairs and transformer at the back
of the alley which aligns with his driveway. Lastly, Mr. North requested the plaza spaces be well lit to deter against it
becoming a transient hangout space at night, which was a problem on the nearby properties.
Eric Bonettil2552 Old MiIllStated he is the owner of the adjacent parcel and noted the public right of way that runs
across this area. Mr. Bonetti stated the back plaza space will be visible because of this connectivity and voiced his
support for the project, He stated this will uplift the area and will bring more control and more eyes to this area of town
which has been underutilized, Mr, Bonetti commented on aesthetics and stated the applicants have done a really good
job and is proud this is a homegrown project,
Applicant's Rebuttal
Ms, Gunter stated they will provide additional information from the traffic engineer to clarify any questions about peak
demand and usage, She noted this area is located in an enterprise zone and the financing and tax relief eligibility is an
indication that this type of development is exactly what the Rogue Valley and State of Oregon desires, She stated there
are numerous standards that apply to this project but they have requested very few exceptions and zero variances, Ms,
Ashland Pianning Commission
April 9 9. 209 7
Page 3 of ~
Gunter stated the proposal addresses several of the comprehensive goals of the city and noted the economic
development aspects of the project,
Questions of Staff
Commissioner Norton asked if the applicant could make adjustments to the proposal before the next meeting. Mr. Molnar
clarified slight adjustments could be made but staff does not anticipate any major changes and stated there are a lot of
good elements about the project.
Commissioner Brown asked if there are requirements for loadinglunloading or bus parking for the hotel and staff stated
"No". Brown stated it would be helpful to know if the 20 basement parking spaces with card key access were taken into
account in the parking study.
Commissioner Miller asked how staff felt about the proposed parking reduction. Mr. Molnar stated staff has some
reservations about the parking, He explained there is some spillage from downtown in areas and staff gets uneasy when
you go over the 20% mark. He added with the requested 32% reduction there is concern that long term this will impact
the area.
Commissioner Pearce commented that the staff report states parking credits depend on whether they will result in a
meaningful reduction in actual parking demand and he does see this anywhere in the code. Mr. Severson clarified it is
discretionary for the commission to grant credits and it is not listed as a requirement in the code. Pearce expressed
caution in how they apply this.
Commissioner Mindlin stated it appears all the entrances are being claimed as plaza space and questioned if this has
been done k~efore. Staff clarified ingresslegress to a building is generally not designated as public plaza space.
Commissioner Brown questioned which 4 of the 6 public plaza elements are being used,
Commissioner Thompson stated the property has some severe constraints and can understand haw it might be difficult
to get parking and public space and still develop the rest of the property. She noted her involvement on the Downtown
Parking Cornmittee and stated this project does not need to solve the city's parking problem but it should not contribute
to it. Regarding the plaza space, she asked what discretionary authority they have given the constraints of the property
and commented that the area in the back may deter vagrants,
Commissioner Dawkins commented that his personal experience with this street is that it is always full during the
summer months and when you add employment to this area it will increase that demand. He stated he was also on the
Downtown Parking committee and has a big concern about the parking. Dawkins questioned taking away car spaces to
add more bicycle parking and stated adding more bike parking than required seems like a way to get around the vehicle
parking requirement.
With there being no more questions of staff, Commissioner Mindlin announced the public hearing will be continued to the
May 9, 2017 Planning Commission meeting.
ADJOURNMENT
Meeting adjourned at 9;05 p.m.
Submitted by,
April Lucas, Administrative Supervisor
Ashland Planning Cornmisslon
April 9 207 7
Page 4 of 4
ncil Business Meetin
Cou
Title: Appointment of Daniel S. Palomino to the Airport Commission
From: Diana Shiplet Administrative Analyst
diana.shiplet ,ashland.or.us
Summary:
This item is for approval of the Mayor's appointment of Daniel S. Palomino to the Airport
Commiss~~on with a term to expire on April 30, 2020.
Actions, Options, or Potential Motions:
I move to appoint Daniel S. Palomino to the Airport Commission with a term to expire on April
30, 2020.
Staff Recommendation:
The staff liaison to the Airport Commission agrees with the Mayor's appointment.
Resource Requirements:
N/A
Policies, Plans and Goals Supported:
Ashland Municipal Code 2.04.090 (C) states appointments are to be made by the Mayor with the
consent o:E the City Council.
Background and Additional Information:
There are two vacancies on the Airport Commission.
Attachments:
Application of Daniel S. Palomino
Page 1 of 1 C, l T Y O F
SHLAN
_ CITY OF
.-ro a ~ ~ ~ N
SHLA
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeb!c~ashland.or.us. If you have any questions,
lease feel free to contact the City Recorder at 488-5307. Attach additional sheets if
p
necessary.
Name: Daniel S Palomino
Requesting to serve on: Airport (Commission/C'vmmittee)
Address: 2UZ~l Jasmine Ave, Medford, Oregon 97501
Occull~ ion: Avionics Munager Phone: Nome 541-842-01 U?
Work 541-=188-1964
Email dpal7l f~gmail. com
Fax
1. Education Background
What ~ drools have you attended?
Antivc~►'i Senior High, Colorado Aerv Tech, Embry Riddle Aeronautical University
What degrees do you hold?
AAS i.. ,airframe and Powerplant Maintenance.
What ;additional training or education have you had that would apply to this position?
1 have ~~~ompleted numerous credits towards a BS in Professional Aeronautics with Embry
Riddle Aeronautical University.
2. R~~l~.red Experience
What prior wo:n experience have you had that would help you if you were appointed to
this position?
1 have been ~tiTorking in the aviation field us both an Aviation Maintenance Technician
and/ot~ Avionics Technician for the past 20 years. For the last 3 years 1 have been an
emplo~~ee of JLC~ Avionics, an aviation business located vn the Ashland Municipal
Airpo~~,.
I have extensive experience in donating my time in a volunteer capacity. I am a certified
instri►c~tor for the State of Oregon Hunter Education Program and am officially
cvnsirlered a volunteer employee as a result. In this role, I actively attend meetings that
deal tirith similar issues to the airport commission such as f undraising, state regulations,
procedures etc. I am therefore familiar with the .standard operating procedures of public
forum meetings.
In my managerial capacity I am used tv dealing with people, problem solving and
listen~~~~ ; to different points of view.
Do ou feel it would be advantageous for you to have further training in this field, such
y
as attending conferences or seminars? Why?
Yes. Continued ediccation and training has been and still is a part of my career. As part
of my job, I regularly receive training via webinars, on-line training video%ourses and
attend convention and trade shows geared specif tally towards Aviation.
3. Interests
Why are you applying for this position?
As a resident of the Rogue Valley, and an aviation employee I have a great interest in the
operation of the airport and its continued growth and benefit to our community. 1 want
to help support the airport and have an active part in .shaping its development in a
positive way far the tivhole community.
4. Availabili
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings?
Yes. Day meetings are preferred.
5. .Additional Information
l~Io~v long have you lived in this community?
I moved to the Rogue Valley July 2007.
Please use the space below to summarize any additional qualifications you have for t~~is
position
Since my arrival to the Rogue Valley, I have striven to be a participating member,in the
community. Being on this commission is another way 1 can give back to the local area.
I have been an employee of JLC Avionics for the past three years. As an employee of a
business located at Ashland airport, Isee f rst-hand how the decisions made by tr're city
council and the airport cvmrnission can have an impact on airport operations andthose
that rely on it for a living. 1 want the airport to be a success and to be of positive benefit
to the local community, and us such 1 want to be a part o f the organization that helps that
happen.
I also feel that being an employee of a business on the field gives me a different
perspective from some of the other commission members. 1 am in a unique position
whereby through my employment 1 have extensive contact with pilots and other persons
who utilize the airport and its facilities and as a result 1 hear other perspectives that
perhaps would not normally be considered by commission members.
As an individual with extensive experience acting as a liaison between public and state, I
am confident in my abilities to serve on this commission.
1 f ~ y ~ ~ ~ r
/V///
Date Signature
r~r~:
uncil Business Meetin
Co
. ~
Title: Appointment of Bernard "Barney" Spera to the Airport Commission
From: Diana Shiplet Administrative Analyst
diana.shiplet ~ashland.or.us
Summary:
This item is for approval of the Mayor's appointment of Bernard "Barney" Spera to the Airport
Commission with a term to expire on April 30, 2018.
Actions, I~ptions, or Potential Motions:
I move to appoint Bernard "Barney" Spera to the Airport Commission with a term to expire on
April 30, 2018.
Staff Recommendation:
The staff liaison to the Airport Commission agrees with the Mayor's appointment.
Resource Requirements:
NIA
Policies, Plans and Goals Supported:
Ashland Municipal Code 2.04.090 (C) states appointments are to be made by the Mayor with the
consent of the City Council.
Background and Additional Information:
There are two vacancies on the Airport Commission.
Attachments:
Application of Bernard "Barney" Spera
Page 1 of 1 I T Y O F
SHLAN
CITY Cl~'
~
~ ~,,.~HLANL~
~-f ` ~ APPLICATLON 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 ~:h~-iti€~~~~~ ~~~~~lE~t~.~~~~ t~. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
(1 ~ 11
Dame ~ ~ ~ g
T
Requesting to serve on: ' ~ ~ 1~ 1 (CommissioniCommittee)
Address ~ ~ / C t ~ ~ ~ ~ ~c) V L'' -S' ~ ~ ~ N ~
r
Occupation ~'i ~ 1 l ~ ~ Phone: Home ~ ~ f l
Work
Email-~ ~J~~ L ` C 0 ~
Fax
1. Education Bac round
V4'hat schools have you attended? ~l~ N ~~5~ i f~
l~~
V4'hat degrees do you hold?
V~'hat additional training or education have au had that would apply to this position?
~~~a~ ~-i,`ll X31 ~E ~ c~
~~11y~-N r~-li~~~-~ ~ ~7~-1~~
2. Related Experience
V~'hat prior work experience have you had that would help you if you were appointed to
this position?
~~~s ~1~~=~ i 7~~'~r~~~~~~ w'~ n~~~~.~ ~i ivy ~ 1 U ~ :.S'~s
Do you feel it would be advantageous for you to ha a further trainin in this field, such
~ ~ pv ~y~,~_ ~ ~
as attendrn,~ confcrences or seminars . Why . ~TC
A~
~r
r
3. Int~,~r~. is ~
Wh are ou a 1 in for this position? ~ y~~ ~l ly ~
y Y pPY g
;t
~ L,~/~' vu ~
4. Availability
A.re you available to attend special meetings, in addition to the regularly schedulal
meetings? Do you prefer day or evening meetings?
5. Additional Information
How long have you lived in this community?
Please use the space below to summarize any additional qualifications you have for this
~sition
r
V i ~fil U n/ ~j ~1~,
r
~iv~-~~r ~~o~ Ali T u~~~~
~ d- ~~L.
~ ~
~~U f _
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7
Date gnature
~r
n it Business Meetin
Cou c
. ~
Title: Approval of a Contract with Emergency Communications of Southern
Oregon
Tighe O'Meara Police Chief
From:
tighe.omeara(a~ashland.or. us
David Shepherd Fire Chief
david.she herd ashland.or.us
Summar
Staff is seeking approval of two contracts with Emergency Communications of Southern Oregon
(ECSO). (one contract for the Police Department (APD), and one for the Fire Department (AFR).
Actions, Options, or Potential Motions:
I move that Council approve contracts between the Ashland Police Department and Ashland Fire
and Rescue and Emergency Communications of Southern Oregon and authorize the City
Administrator to sign the contracts on behalf of the City.
Staff Recommendation:
Staff recommends that Council authorize the city administrator to sign the attached contracts on
behalf of the City.
Resource Requirements:
The contract between the Police Department and ECSO will cost the City $436,911.95 and is
budgeted for in the upcoming budget. The contract between the Fire Department and ECSO will
cost the City is $193,448.79 and is budgeted for in the upcoming budget.
Policies, Plans and Goals Supported:
23. Support innovative programs that protect the community.
Background and Additional Information:
The APD as well as AFR, contract with ECSO for emergency dispatch services. All Jackson
County emergency services' communications are consolidated at ECSO. There is no viable
option other than ECSO available to fulfill this role at this time.
Attachments:
Contract between ECSO and Police
Contract between ECSO and Fire
Pagelofl CITY OF
SH LAN
.1~'
~
EMERGENCY COMMUNICATIONS
OF SOUTHERN OREGON
EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON
TELECOMMUNICATIONS CONTRACT
This Contract is made and entered into in duplicate this 1st day of July, 2017, by and
between EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON, an unincorporated
association of governmental entities organized under ORS Chapter 190, hereafter "ECSO," and
ASHLAND POLICE DEPARTMENT hereafter "USER."
WITNESSETH:
WHEREAS, ECSO is an association of governmental entities organized under an
Intergovernmental Agreement under the authority of ORS Chapter 190 and as a "local
jurisdiction" under authority of ORS Chapter 403 for the purpose of implementing a primary 911
Public Safety Answering Point, hereafter "PSAP," capable of providing wireline and wireless
phase I and phase II telephone services, collectively known as "PSAP Services" received at
ECSO for the greater Jackson County area and Crater Lake National Park, and also capable of
providing emergent and non-emergent public safety radio communications and dispatch
services, to its Users collectively known as "Dispatch Services"; and
WHEREAS, ECSO has a fully equipped and staffed telecommunications center,
hereafter "CENTER" capable of delivering PSAP Services and Dispatch Services, and
WHEREAS, USER desires that ECSO provide it with the aforementioned services, and
NOW, THEREFORE, in consideration of the mutual undertakings and obligations set
forth herein, the parties covenant and agree as follows:
1. Telecommunications Connectivity and Maintenance:
a) E=CSO shall have responsibility for maintenance and support of communication lines and
Equipment and to contract with Century Link, its subsidiaries, successors or other
approved Contractors for 911 lines and equipment, and to provide for maintenance of
other equipment and software required for effective operation of the system.
b) ECSO Information Technology (IT) staff or agents will provide andlor manage the
installation, implementation, maintenance and support of ECSO lines and ECSO owned
equipment necessary to transmit telephone, radio and wireless signals between the
User and ECSO. Except as provided in c) below, User remains responsible for
maintenance of its side of the telecommunications link. The cost of accomplishing and
maintaining this linkage for all participating agencies will be shared as part of the ECSO
technical operating budget.
c) Scope
1) Maintain mobile communication terminals as it pertains to dispatch and 911
services provided by ECSO. The cost of any equipment to make such repairs
shall be borne by the User Agency.
2) Assist with the User Agency's strategic planning for related projects which they
may wish to pursue.
3) Provide connectivity to the MDC interface with CAD.
4) Provide connectivity to the RMS interface.
5) Provide connectivity to the Fire reporting interface.
6) Provide dispatch specific connectivity to the Mercy Flights Ambulance interface.
7) Provide connectivity to the ARS field reporting system.
2. Services:
a) The User shall have local control over the manner in which its calls-for-service are
processed and prioritized for dispatch by ECSO.
b) The User may only designate a particular procedure change as critical where the
change is required by court order or other severe mitigating circumstances. ECSO
shall, to the extent possible, implement immediate procedures which accommodate the
change. If any such procedure is incompatible with ECSO's operating policies, ECSO
shall notify the User of the reasons therefor while still implementing the procedure. The
procedure will be implemented, to the extent possible, until such time as both parties
c;an mutually resolve their concerns or bring the matter before the CEO Board for review
and recommended action. The CEO Board's decision shall be deemed final and binding.
c) If ECSO and the User cannot informally resolve any non-critical dispute as to dispatch
procedures, either party may request that the matter be brought before the ECSO CEO
E3oard for resolution. If any such procedure is incompatible with ECSO's operating
policies, ECSO shall notify the User of the reasons therefor while still implementing the
procedure. The procedure will be implemented, to the extent possible, until such time
as both parties can mutually resolve their concerns or bring the matter before the CEO
Board for review and recommended action. The CEO Board's decision shall be deemed
final and binding.
d) ECSO shall train its personnel in those User procedures and regulations which may be
deemed necessary to provide effective service. ECSO will provide orientation to User
personnel as may be requested by the User.
e) Scope
1) Provide PSAP Services on a 24/7 basis.
2
2) Provide Dispatch Services 2417, including status keeping and after-hours call-
outs.
3) Perform pages and notifications per User agency procedure, or upon demand.
4) Perform radio and/or MDC broadcasts of administrative messages, attempts to
locate and all-points bulletins.
5) Provide law enforcement access to DMV, NCIC, LEDS and as reasonably
feasible, other Jackson County regional information systems as requested by
eligible agencies.
6) Provide for the maintenance and update of the automated Geo-file and Master
Street Address Guide.
7) Provide Phase II 911 mapping within dispatch, and as available to MDC's.
8) Maintain back-up communications systems.
3. quration and Amendment:
a. This Contract shall be for a period of 12 months. The Contract term will begin at
midnight on July 1, 2017, and end at midnight on June 30, 2018. USER agrees
to notify the ECSO CEO Board Chair, in writing, no later than June 30 of any
year for withdrawal effective July 1st of the following calendar year. Failure of
USER to so notify ECSO will result in damages not less than the withdrawing
party's share of the Agency's annual operations costs for the next fiscal year, as
and for liquidated damages.
k~. This Contract shall be subject to amendment only by written approval of both
ECSO and USER.
c;. All previous contracts with USER for similar services are terminated as of the
effective date hereof.
4. User Advisory Groups:
a. The Law Enforcement User Advisory Group and the FireIEMS User Advisory
Group may meet monthly, or as may be needed to review dispatch procedures
and develop common policies which will enhance mutual operations.
k~. The USER shall be entitled to one voting representative on the Law and/or
FireIEMS User groups for the purpose of representing the USER's special
interests, service requirements and operational role within the Center.
5. ECSO Administrative Responsibility:
a. ECSO shall have full authority and responsibility over hiring, training, discipline,
scheduling and assignment of personnel assigned to perform and to supervise
services provided under this Agreement. ECSO shall have full discretion and
authority under emergent conditions to prioritize service among conflicting service
3
demands.
b. ECSO may contract to provide services to other agencies at its discretion
provided ECSO shall undertake no such obligation which has the effect of
diminishing or degrading the level of service provided to the current Users.
c;. The ECSO Director, or designee will communicate with the User agency on a
regular basis to ensure continuity of service.
d. Scope
1) Ensure appropriate staffing levels.
2) Provide scheduled system performance and activity reports.
3) Provide quarterly and annual performance reports.
4) Complete and maintain professional certifications.
5) Maintain State and Medical certifications.
6) Review and respond to in-service job performance inquiries.
7) Provide User community support.
6. Performance Standards:
a. The CEO Board will review and approve a system for performance
measurements.
7. Annual Budget Preparation:
Draft budget figures will be developed by ECSO by the end of December of each year.
On or about January 15th, the CEO Board will review and recommend modifications to
the proposed budget. On or about February 15th the Intergovernmental Council will
review and recommend modifications to the proposed budget. ECSO will make the
recommended modifications and issue a preliminary budget in March. The budget will
k~e adopted by the CEO Board no later than its June meeting,
8. Financial:
a. USER shall pay ECSO the total sum of $436,911.95 in consideration of the
services outlined in Paragraph 1 above for the Contract term. This amount shall
not increase during the Contract term.
k~. USER agrees to pay the charges as prescribed at a minimum in four (4) equal
installments due each quarter. Payments shall be made to ECSO, 400 Pech
Road, Central Point, OR 97502.
c. If the installments are paid when due, no interest shall accrue on the unpaid
balance of the Contract amount stated in a. above, but any overdue installment
shall bear interest at one and three-quarters percent (13/ per month from its
due date.
d. State 911 tax revenue reimbursements to ECSO shall be maintained in a
separate interest bearing fund independent of the ECSO general fund.
4
9. Property:
During the term of this Contract, ECSO shall ensure the operation of all equipment and
property in the CENTER as necessary to provide the services which are to be performed
under this Contract, which services shall be in compliance with the operating standards,
procedures, and rules adopted by ECSO.
10. Hold Harmless Clause:
The parties shall hold each other harmless and shall indemnify the other from any and
all causes of action, judgments, claims, damages, or otherwise arising out of its sole
and solitary acts.
11. gefault:
Upon default by USER of the payment terms of this Contract, said default existing for
thirty (30) days, ECSO may terminate further provision of communication services to
USER upon ten (10) day written notice to cure given to USER. ECSO may also
terminate such services for default by USER of any other material term of the Contract
upon thirty (30) day written notice to cure given to USER.
12. Arbitration:
In the event a dispute arises under the terms of this Contract, the parties shall submit
the dispute to binding arbitration in accordance with ORS Chapter 36. Notice of intent to
arbitrate shall be given in writing to the other party. Within ten (10) business days of the
Notice of Intent to Arbitrate, ECSO shall request a list of seven (7) names from the
Jackson County Court Annexed Arbitrator List. The parties shall alternately strike one
name from the list until only one name from the list remains. The USER shall strike first.
The remaining individual shall be the Arbitrator. The striking shall be conducted no
longer than ten (10) business days after receipt of the list. The rules applicable to the
arbitration shall be the same as if the matter were being heard in a court annexed
arbitration proceeding in Jackson County, except to the extent such rules address
appeal or other recourse to the Court as the intent of the parties is that such arbitration
k~e final and binding and the parties agree to be so bound by such decision. Each party
shall initially bear the cost of arbitration equally, provided, however, that the prevailing
party as determined by the arbitrator shall be entitled to an award by the arbitrator of its
reasonable attorney fees and costs of the arbitration.
13. Savings Clause:
If, during the period of this Contract, it is determined by judicial or arbitration ruling or by
mutual agreement of the parties that a specific clause of the Contract is illegal under
federal or state law, the remainder of the Contract not affected thereby shall remain in
force.
14. Notices:
Any notice required or permitted under this Contract shall be given when actually
delivered or forty-eight (48) hours after deposited in the United States Mail as certified
mail addressed to the address set forth below or to such other address as may be
specified from time to time by either of the parties in writing.
5
ECSO: USER: Ashland Police Department
EMERGENCY COMMUNICATIONS
OF SOUTHERN OREGON
400 Pech Road
Central Point, OR 97502
15. Signators:
Signators to the Contract shall be:
a. For ECSO: An authorized representative of ECSO.
k~. For USER: An authorized representative of USER.
IN WITNESS WHEREOF, the parties hereto execute this Contract.
ECSO USER
CEO Board, Chairman (Signature)
Date (Print Name)
Date
6
9-1-1 ~I
EMERGENCY COMMUNICATIONS
OF SOUTHERN OREGON
EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON
TELECOMMUNICATIONS CONTRACT
This Contract is made and entered into in duplicate this 1st day of July, 2017, by and
between EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON, an unincorporated
association of governmental entities organized under ORS Chapter 190, hereafter "ECSO,"and
ASHLAND FIRE DEPARTMENT hereafter "USER."
WITNESSETH:
WHEREAS, ECSO is an association of governmental entities organized under an
Intergovernmental Agreement under the authority of ORS Chapter 190 and as a "local
jurisdiction" under authority of ORS Chapter 403 for the purpose of implementing a primary 911
Public Safety Answering Point, hereafter "PSAP," capable of providing wireline and wireless
phase I and phase II telephone services, collectively known as "PSAP Services" received at
ECSO for the greater Jackson County area and Crater Lake National Park, and also capable of
providing emergent and non-emergent public safety radio communications and dispatch
services, to its Users collectively known as "Dispatch Services"; and
WHEREAS, ECSO has a fully equipped and staffed telecommunications center,
hereafter "CENTER" capable of delivering PSAP Services and Dispatch Services, and
WHEREAS, USER desires that ECSO provide it with the aforementioned services, and
NOW, THEREFORE, in consideration of the mutual undertakings and obligations set
forth herein, the parties covenant and agree as follows:
1. Telecommunications Connectivity and Maintenance:
a) ECSO shall have responsibility for maintenance and support of communication lines and
equipment and to contract with Century Link, its subsidiaries, successors or other
approved Contractors for 911 lines and equipment, and to provide for maintenance of
other equipment and software required for effective operation of the system.
b) ECSO Information Technology (IT) staff or agents will provide andlor manage the
installation, implementation, maintenance and support of ECSO lines and ECSO owned
equipment necessary to transmit telephone, radio and wireless signals between the
User and ECSO. Except as provided in c) below, User remains responsible for
maintenance of its side of the telecommunications link. The cost of accomplishing and
maintaining this linkage for all participating agencies will be shared as part of the ECSO
technical operating budget.
i
c) Scope
1) Maintain mobile communication terminals as it pertains to dispatch and 911
services provided by ECSO. The cost of any equipment to make such repairs
shall be borne by the User Agency.
2) Assist with the User Agency's strategic planning for related projects which they
may wish to pursue.
3) Provide connectivity to the MDC interface with CAD.
4) Provide connectivity to the RMS interface.
5) Provide connectivity to the Fire reporting interface.
6) Provide dispatch specific connectivity to the Mercy Flights Ambulance interface.
7) Provide connectivity to the ARS field reporting system.
2. Services:
a) The User shall have local control over the manner in which its calls-for-service are
processed and prioritized for dispatch by ECSO.
b) The User may only designate a particular procedure change as critical where the
change is required by court order or other severe mitigating circumstances. ECSO
shall, to the extent possible, implement immediate procedures which accommodate the
change. If any such procedure is incompatible with ECSO's operating policies, ECSO
shall notify the User of the reasons therefor while still implementing the procedure. The
procedure will be implemented, to the extent possible, until such time as both parties
can mutually resolve their concerns or bring the matter before the CEO Board for review
and recommended action. The CEO Board's decision shall be deemed final and binding.
c) If ECSO and the User cannot informally resolve any non-critical dispute as to dispatch
procedures, either party may request that the matter be brought before the ECSO CEO
Board for resolution. If any such procedure is incompatible with ECSO's operating
policies, ECSO shall notify the User of the reasons therefor while still implementing the
procedure. The procedure will be implemented, to the extent possible, until such time
as both parties can mutually resolve their concerns or bring the matter before the CEO
Board for review and recommended action. The CEO Board's decision shall be deemed
final and binding.
d) ECSO shall train its personnel in those User procedures and regulations which may be
deemed necessary to provide effective service. ECSO will provide orientation to User
personnel as may be requested by the User.
e) Scope
1) Provide PSAP Services on a 2417 basis.
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2) Provide Dispatch Services 2417, including status keeping and after-hours call-
outs.
3) Perform pages and notifications per User agency procedure, or upon demand.
4) Perform radio andlor MDC broadcasts of administrative messages, attempts to
locate and all-points bulletins.
5) Provide law enforcement access to DMV, NCIC, LEDS and as reasonably
feasible, other Jackson County regional information systems as requested by
eligible agencies.
6) Provide for the maintenance and update of the automated Geo-file and Master
Street Address Guide.
7) Provide Phase II 911 mapping within dispatch, and as available to MDC's.
8) Maintain back-up communications systems.
3. Duration and Amendment:
a. This Contract shall be for a period of 12 months. The Contract term will begin at
midnight on July 1, 2017, and end at midnight on June 30, 2018. USER agrees
to notify the ECSO CEO Board Chair, in writing, no later than June 30 of any
year for withdrawal effective July 1st of the following calendar year. Failure of
USER to so notify ECSO will result in damages not less than the withdrawing
party's share of the Agency's annual operations costs for the next fiscal year, as
and for liquidated damages.
k~. This Contract shall be subject to amendment only by written approval of both
ECSO and USER.
c:. All previous contracts with USER for similar services are terminated as of the
effective date hereof.
4. User Advisory Groups:
a. The Law Enforcement User Advisory Group and the Fire/EMS User Advisory
Group may meet monthly, or as may be needed to review dispatch procedures
and develop common policies which will enhance mutual operations.
b. The USER shall be entitled to one voting representative on the Law and/or
FireIEMS User groups for the purpose of representing the USER's special
interests, service requirements and operational role within the Center.
5. ECSO Administrative Responsibility:
a. ECSO shall have full authority and responsibility over hiring, training, discipline,
scheduling and assignment of personnel assigned to perform and to supervise
services provided under this Agreement. ECSO shall have full discretion and
authority under emergent conditions to prioritize service among conflicting service
3
demands.
b. ECSO may contract to provide services to other agencies at its discretion
provided ECSO shall undertake no such obligation which has the effect of
diminishing or degrading the level of service provided to the current Users.
r,. The ECSO Director, or designee will communicate with the User agency on a
regular basis to ensure continuity of service.
d. Scope
1) Ensure appropriate staffing levels.
2) Provide scheduled system performance and activity reports.
3) Provide quarterly and annual performance reports.
4) Complete and maintain professional certifications.
5) Maintain State and Medical certifications.
6) Review and respond to in-service job performance inquiries.
7) Provide User community support.
6. Performance Standards:
a. The CEO Board will review and approve a system for performance
measurements.
7. Annual Budget Preparation:
Draft budget figures will be developed by ECSO by the end of December of each year.
On or about January 15th, the CEO Board will review and recommend modifications to
the proposed budget. On or about February 15th the Intergovernmental Council will
review and recommend modifications to the proposed budget. ECSO will make the
recommended modifications and issue a preliminary budget in March. The budget will
be adopted by the CEO Board no later than its June meeting,
8. Financial:
a. USER shall pay ECSO the total sum of $193,448.79 in consideration of the
services outlined in Paragraph 1 above for the Contract term. This amount shall
not increase during the Contract term.
b. USER agrees to pay the charges as prescribed at a minimum in four (4) equal
installments due each quarter. Payments shall be made to ECSO, 400 Pech
Road, Central Point, OR 97502.
c. If the installments are paid when due, no interest shall accrue on the unpaid
balance of the Contract amount stated in a. above, but any overdue installment
shall bear interest at one and three-quarters percent (13/ per month from its
due date.
d. State 911 tax revenue reimbursements to ECSO shall be maintained in a
separate interest bearing fund independent of the ECSO general fund.
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9. Property:
During the term of this Contract, ECSO shall ensure the operation of all equipment and
property in the CENTER as necessary to provide the services which are to be performed
under this Contract, which services shall be in compliance with the operating standards,
procedures, and rules adopted by ECSO.
10. Hold Harmless Clause:
The parties shall hold each other harmless and shall indemnify the other from any and
all causes of action, judgments, claims, damages, or otherwise arising out of its sole
and solitary acts.
11. Defa u It:
Upon default by USER of the payment terms of this Contract, said default existing for
thirty (30) days, ECSO may terminate further provision of communication services to
USER upon ten (10) day written notice to cure given to USER. ECSO may also
terminate such services for default by USER of any other material term of the Contract
upon thirty (30) day written notice to cure given to USER.
12. Arbitration:
In the event a dispute arises under the terms of this Contract, the parties shall submit
the dispute to binding arbitration in accordance with ORS Chapter 36. Notice of intent to
arbitrate shall be given in writing to the other party. Within ten (10) business days of the
Notice of Intent to Arbitrate, ECSO shall request a list of seven (7) names from the
Jackson County Court Annexed Arbitrator List. The parties shall alternately strike one
name from the list until only one name from the list remains. The USER shall strike first.
The remaining individual shall be the Arbitrator. The striking shall be conducted no
longer than ten (10) business days after receipt of the list. The rules applicable to the
arbitration shall be the same as if the matter were being heard in a court annexed
arbitration proceeding in Jackson County, except to the extent such rules address
appeal or other recourse to the Court as the intent of the parties is that such arbitration
be final and binding and the parties agree to be so bound by such decision. Each party
shall initially bear the cost of arbitration equally, provided, however, that the prevailing
party as determined by the arbitrator shall be entitled to an award by the arbitrator of its
reasonable attorney fees and costs of the arbitration.
13. Savings Clause:
If, during the period of this Contract, it is determined by judicial or arbitration ruling or by
mutual agreement of the parties that a specific clause of the Contract is illegal under
federal or state law, the remainder of the Contract not affected thereby shall remain in
force.
14. Notices:
Any notice required or permitted under this Contract shall be given when actually
delivered or forty-eight (48) hours after deposited in the United States Mail as certified
mail addressed to the address set forth below or to such other address as may be
specified from time to time by either of the parties in writing.
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ECSO: USER: Ashland Fire Department
EMERGENCY COMMUNICATIONS
OF SOUTHERN OREGON
400 Pech Road
Central Point, OR 97502
15. Signators:
Signators to the Contract shall be:
a. For ECSO: An authorized representative of ECSO.
b. For USER: An authorized representative of USER.
IN WITNESS WHEREOF, the parties hereto execute this Contract.
ECSO USER
CEO Board, Chairman (Signature)
Date (Print Name)
Date
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n it Business Meetin
Cou c
Title: Verde Village Trust Deed Subordination
From: Derek Severson Senior Planner
derek.severson(a~ashland.or.us
Summary:
This item seeks to subordinate a trust deed. The trust deed secures an obligation by Wilma, LLC,
the original property owners of the Verde Village Subdivision, and their successors Verde Village
Development, LLC to pay the City of Ashland $180,000 in the event that Wilma, LLC fails to
abide by a 2008 agreement to complete amulti-use path extension and install and maintain
associated landscaping incompliance with the 2007 Verde Village Development Agreement.
Actions, Options, or Potential Motions:
I move to approve the request for the City to take a subordinate position with the trust deed and
authorize the City Administrator to sign subordination agreements.
Staff Recommendation:
Staff recommends that the Council approve the request for the City to take a subordinate position
with the trust deed and authorize the City Administrator to sign subordination agreements for the
construction and land loans.
Resource Requirements:
The requested subordination would not have a determinable impact on the City's finances.
Policies, Plans and Goals Supported:
Council Goal 13: "Develop and support land use and transportation polices to achieve sustainable
development."
Background and Additional Information:
The construction of Phase I, the cottages of the Verde Village Subdivision is underway.
Infrastructure installation is complete, buildings are under construction and roughly 50 percent of
the units have sold or are under contract. The first units are complete with residents moving in.
The civil :plans for infrastructure to serve Phase II, the single family portion of the Verde Village
Subdivision, have been approved; on-site preconstruction conferences have occurred; and site
preparations have begun for the construction of the new streets, utilities, revised Dog Park access,
and the extension of the public multi-use path from its current terminus south of the Dog Park to
Nevada Street along Ashland Creek. The path route has been delineated on site, blackberries
removed and tree protection fencing installed in preparation for the path installation to begin.
Page 1 of 2 C i? Y O F
SHLAN
With the original subdivision approval in 2007, the applicants were required to provide security
for the installation of the path and the associated landscaping on both sides. This was provided in
the form of a trust deed which was secured by the Phase II property in the amount of $180,000.
This Trust Deed secures an obligation by the property owner to pay the City in the event that the
property owner fails to abide by the 2007 Development Agreement and install and maintain the
path and associated landscaping.
In order to obtain a construction loan as they move into the construction of Phase II, the property
owners are requesting that the City subordinate their lien position from first to third. This would
place the City behind the construction loan and the land loan. Once the construction loan is
obtained, the applicants estimate that the path and associated landscaping would be complete in
approximately four months. The applicants will continue to be responsible for the maintenance of
the plant materials for a period of two years after the initial planting. The "Agreement for
Construction of Required Improvements and Installation and Maintenance of Plant Materials"
provides that the security may be reduced to the amount needed to replace plants once the path and
plants are installed.
Attachments:
I. Applicants' Request
2. Agreement for Construction of Required Improvements and Installation and Maintenance of
Plant Materials
3. Trust Deed
4. Subordination Agreement
Page 2 of 2 C l? Y O F
SHLAN
May 1St, 2017
City of Ashland
Attn: John Karns, Interim City Administrator
51 Winburn Way
Ashland, OR 97520
Subject: Partial Re-conveyance -Verde Village, Phase II -May 16th Council Agenda
The property owners of the Verde Village residential subdivision, Verde Village Development, LLC, are pleased
to announce construction and sales are going well. Phase I is partially complete with roughly 50% of the homes
sold or contracted for by conscientious buyers looking for an environmentally friendly home. All of the
infrastructure plans for Phase II have been permitted and we've begun initial site preparation for the new streets,
revised Dog Park entry road and the extension of the public multi-use path.
As the Council likely recalls, the public multi-use path will extend from the end of the current multi-use path just
south of Dog Park, to Nevada Street along Ashland Creek. At the time of the initial hearings in 2007, the Council
desired some security for the path's construction, which include landscaping and. irrigation improvements on both
sides of the path. This security was in the form of a trust deed, modified in 2015, secured by the Phase II property
in the amount of $180,000. The trust deed secures an obligation of the property owner to pay the City of Ashland
$150,000 in the event the property owners fail to abide by the 2007 Verde Village Development Agreement (fails
to install).
However, in order to complete the work and obtain a construction loan as we move into Phase II's construction,
the property owners would like to request the City of Ashland subordinate their lien position from 1St to 3rd
position. The City's lien position would follow the construction loan and the land loan. Once the construction
loan is obtained and the project's public multi-use path and landscaping are installed and `'accepted" by the City,
the City Council would then release the lien as the subdivision's condition of approval to install the path and
landscaping would then be satisfied -hopefully in about 4 months.
The trust deed, regardless of its position, will remain in place for the duration of the path's construction to ensure
the path is constructed to City standards, along with the rest of the project's infrastructure improvements. At the
time of this writing, all necessary permits and entitlements have been issued and construction equipment has
moved onto the site and initial road work has already begun. The property owners are working diligently and in
good faith In order to provide this public amenity and look forward to its public use, but desire some flexibility
in order to process the construction loan with the bank.
Sincerely,
Mark Knox
Verde Village Development, LLC
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AGREEMENT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS AND
INSTALLATION AND MAINTENANCE OF PLANT MATERIALS
This Agreement by and between Ashland Flower Shop and Greenhouses, Inc.,
together with WILMA, LLC, (development cornpany~, their successors and assigns,
(hereinafter collectively referred to as the "OWNER/DEVELOPER and the City of
Ashland, a municipal corporation located and being in Jackson County, Oregon,
(hereinafter ref erred to as the "CITY");
'WITNESSETH
~VV'IiEREAS, the Ashland Flower Shop and Greenhouses, Inc. is the current
Owner of 'Verde Village, a Planned Community within the City of Ashland, Jackson
County Oregon; and
WHEREAS, WILMA, LLC is the development company acquiring Verde
Village; and
WHEREAS, on December 20~ ~OO7 OWNER/DEVELOPER received from the
City of Ashland approval of an Ordinance approving the Verde Village Development
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Agreement, a land use decision, including but not limited to approval of a real
property exchange, annexation, comprehensive plan amendment, zoning map ~
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amendment, outline plan approval, street exception, physical and environmental
constraints permit and tree removal permit;
Verde Village Agreement for Required Improvements and installation on Plant Materials j
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WHEREAS, property to be conveyed to the CITY for parks purposes
{hereinafter Park Corridor} pursuant to the above referenced approvals is move
particularly described in Exhibit "A" attached hereto and made a part hereof by this
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reference,
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WHEREAS, prior to or concurrent with the exchange property to the City,
O'WNER/DEVELOPER is requixed by the Verde Village Development Agreement,
[Section Z6, as well as Exhibit G and Exhibit E, Conditions 5, and 17~, to enter into
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this Agreement and to provide financial securi#y for the construction of a multi-use s
path on the Park Corridor as weal as to provide for the restoration and enhancement
of the Park Corridor riparian axeas and areas disturbed by the path construction;
NOW THEREFORE, in consideration of the mutual promises contained herein,
OWNER/DEVELfJPERand CITY agree as follows:
The above recitations are true and correct and are incorporated herein
by this reference; and
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Z. The OWNER/DEVELOPER shall obtain approvaX of a Final Plan for
construction of the xnulti•use path on the Park Corridor as well as approval of the
xiparian restoration and enhancement plan {hereinafter "required improvements"
and "required plant materials"} on ar before July 17, 2408 consistent with Exhibit F of
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Verde Village ,Agreement for Required Improvements and Installation on Plant Materials
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the Verde Village Development Agreement and all other Perms and conditions of the
Development .Agreement and associated approvals.
3, The ~WNERIDEVELOPER shall construct or cause to be constructed
the required improvements on the Park Corridor in accordance with approved plans,
this Agreement and the Verde Village Development Agreement and associated
approvals.
4, The QWNER/DEVELQPER shall install the required plant materials,
including the required restoration and enhancemen# of the riparian areas and
disturbed areas in ,accordance with approved plans, this Agreement and the Verde
Village Development Agreement and associated approvals
5, QWNER/DEVELOPER, i#s licensed Contractors and professionals, are
expressly granted permission to enter the City Park Corxxdor, identi#ied in Exhibit A,
pursuant to this Agreement and a separate license agreement, at reasonable times and
may perform the work called for under this .Agreement in accordance with approved
plans, terms and conditions. The obligations of the Verde Village Development
Agreemen#, a Land use decision, including the obligations to construct the required
improvements and installation of plant materials under this Agreement are land use
conditions of approval. Consistent with the disclaimers in the Verde Village
Development Agreement, incorporated herein by this reference, the
Verde Village Agreement for Required Improvements and Installation on Plant Materials
6
OwNER/DEVELOPER, its Contractors and professionals are not the agents of the
Cf'1'Y and are solely responsible for construction of the required improvements and
installation v# required plant materials in accordance with all applicable federal, s#ate
and local regulations.
6. Construction of the required improvements must be commenced no
later than six (G} months after the date of Final Development Plan Approval and shaIl
be completed no later than July 17, Zo11, The OwNER/DEVELOPER, its
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representative or consultant shall certify, subject to City verification by the Ashland '
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Public works Director and Community Development Director, that the required
improvements and plant materials have been installed by the time specified in the
approved timetable of development. OWNERIDEVELOPER shall pay the any G,
established inspection fees associated with City Engineering Department inspection
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`of required improvements.
7. The OwNER1DEVELOPER by executing this Agreement, hereby
.
warrants and guarantees the construe#~on of the required improvements and the
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survival of all required plant materials (at Least 80% survival rate for plant materials}
a
un#i1 two years after the ci verifies that lant materials have been installed.
P
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Concurrent with execution of this Agreement, the OWNERIDEVELOPER is
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providing fihe City with financial security in form of a promissory note from wILMA,
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Verde pillage Agreement for Required Improvements and installation on Plant Materials
7
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LLC, the amount of $ 400,000, a true copy of which is set forth as Exhibit "B", attached
hereto and made a part hereof by this reference. ~griginals shall be maintained by
the City Recorder). This promissory note will be replaced by another promissory
note in the event the bids for the required improvements are Tess than $400,000.
~'VVILMA, LLC shall replace the Promissory Note or replacement promissory note,
within GO days of execution of this Agreemen# with a clean standby letter of credit, a
bond, trust deed, or other security instrument in the above designated amount in a
form acceptable to the City of Ashland Community Development Director and City
Attorney, OWNER/DEVELQPER expressly agrees that failure to replace the
promissory note wi#h other approved security in the time provided is a breach of,this
Agreement and shall trigger revocation proceedings in accordance with the Verde
Village Development Agreement.
8. The security required by this Agreement shall represent 110% of the
estimated cost of the required impxovemen#s and 110% of the estimated cast of the
required plant material installation, including restoration and enhancement. To
ensure monitoxing, maintenance, and survival of the required plant materials, the
required security shall not expire and sha11 remain available to the City for a period
of 3 months beyond the Agreement survival deadline Notwithstanding the above
awNERfDEVEL4PER Wray provide security which expires prior to the time period
Verde Village Agreement for Required Improvements and Installa#ion on Plant Materials
8
provided, provided new replacement security with a later expiration date is
substitu#ed before the expiration date,) The Parties agree that after construction of
the required improvements and initial restoration and enhancement and installation
of required plant rna#erials, the amount of security may be reduced to cover only the
cost of reinstallation of plant materials.
9, The required improvement and re aired lant materials shall be
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installed, monitored, maintained and re-installed as necessary in full compliance
1
with the specifications and requirements of City of Ashland, including but not
limited to Public works Con
structxon Standards and Communify Development
Department standards for plant materials, as well as all approved plans and approval
conditions. At the completion of the monitoring period, OVI~NER/DE~t~ELOPER shall
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certify 80 /o survival of the plant maternal and following nnspect~on confirming r
completion and survival by the City, the security shall be released to
OwNER1DEVELOPER,
10, fn the event the required improvements and plant materials are not
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Constructed and installed in compliance with this Agreement or the terms and
conditions of the approvals referenced or inco orated herein, the Ci shall have and
~ ~
is hereby granted the right, including a right of entry over and across
r.
OWI1lER1DEVELOPER's lands, to cause the required improvements and plant
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Verde Village Agreement for Required Improvements and Installatlo~n on Plant Materials
9
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materials to be installed, monitored, maintained or re-installed and #o use the
security provided herewith for payment of all costs and expenses incurred in the.
completion thereof, including but nat limited to, engineering, consultant, legal and
con#ingent costs. Furthermore, it is agreed by the parties hereto that City shall be
reimbursed, from the security provided, for any direct or reasonable consequential
damages specifically related to this Agreement, which the City znay sustain as a result
of the failure of OwNER/DE~'ELOPER to carry out and execute all of the provisions
of this Agreement, City shall have the option to complete the required
improvements with City employees and equipmen#, or pursuant to public
advertisement and receipt of bids {or quotes as applicable}, in the event of
OwNERlDEVELOPER's failure or refusal to do so in accordance with the tuns of
this Agreement. In the event that the total costs incurred by the CITY in performance
of the work shall exceed the amount of security provided, such additional costs shall j
be paid by OWNERIDE~ELOPER on written demand by the City Administrator, or
his designee.
11. THE OWNER/DEVEIJOPER IS RESPONSIBLE FOR NOTIFYING
CITY IN WRITING UPON COMPLETION OF THE'WORK REQUIRED HEREIN,
12, Prior to execution of City's rights to perform the work and utilize the
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security provided under this Agreement, the City shall send written notice of the
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Verde Village Agreement f ox Required Xm.pxovements and Installation on Plant N#aterials
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alleged failure to comply with the terms of this Agreement, or of the incorporated
approval terms and candztions, to OWNER/DEVELOPER by certified mail, return
receipt requested and permit OWNEitlDEVELOPER fifteen {15) working days to cure
the alleged violation ar to appear before the City Council at the next available public
meeting following the notice period and show cause why the City should not exercise
its rights under this Agreement.
OWNERIDEVELOPER designates the following pexson as its representative to
be contacted and to receive all no#ices regarding this Agreement:
Greg'Williams
744 Heiman Street
Ashland, OR 975zQ
Phone: (541} 2b1-2712 or (541} 482-5358
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IN WI'T`NESS WHEREOF, the parties hereto have executed these presents on
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the dates indicated below, 'T'he date of this Agreement shall be the date on which this
Agreement was executed by all parties,
OWNER
Ashland Flower Shop and Greenhouses, Inc.,
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Grego .Williams, President
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~?ated Z 2
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Verde Village Agreement far Required Improvements and installation on Plant Materials
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DEVELaPER
Wilma, LLC
Gregory D it lam , anaging Membex
Dated; i~ ~ ~
STATE QF OREGGN )
}
Counfiy of Jackson )
The foregoing instrument was acknowledged before me this day , of
~ 2408, by Gregory D. Williams, as President and authorized agent of
Ashland Flower Shop and Greenhouses, Inc.
Notary Public f ar 0 egon
Niy Commission Expires; ~1~
roved as to Form:
~~-~u~a~.a~,
DI=1+ICIAI sEAI
DANA ~
NOTAflY PUBLIC-OHSOON
o $lackhurst, CoMINf581AN N0. +~84
irlY CO~+tMiS81CMi ~(PIiRES MAY 2, 2014
Attorney far QWNER/DEVEL~PER
STATE OF OREGON)
}
Coun#y of Jackson }
The foregoing ~anstrument was acknowledged before me this day oI
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0 2008, by Gregory D. Williams, as Managing 1Vlember and authorized
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agent of Wilma, LLC.
oIrFl~~.s~A~ Notary Public for Gregon
flfAN~► A. ANT My Commission Expires: + ~
NOTARY PUBLIC-4REDON
cOMM1S8101d N0. X05584
MY COl~IMISSI01~ a(PIRSS MAY 2, 2010
Verde Village Agreemenfi far Required Improvements and Instailatian an 1'Iant Materials
12
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CITY OF ASHLAND
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its Adam' istrator
Dated;
STATE OF OREGON )
County of Jackson
T fo a oin instrument was acknowred ed before me this da of
g g ~ Y
2008, by Martha Bennett, as Administrator and authorized agent of
City of Ashland.
Notary Public for Oregoan
My Commission Expires: - b( b
APPROVED AS TO FORM
o~~~c~p~ sou
gtANA SHiPLET'
. Nar~RY ~ue~.~c-oR~Q4N
Ca~iMiSSI~! N0.40f~84
Richard ceI10 MY COMMEas=OA' ~J(P1R~S MAY 2, 2fltfl
City Attorney
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Verde Village Agreement for Re9uired Improvements and ~nstallatian an Plant Materials
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EXHIBIT "A"
LEGAL DESCRIPTION
Parcel 4 of Partition Plat P~64~208 recorded November 18, 2008 in the Record of Partition Plats
in Jackson County, Oregon, and filed as Survey No, 24231 in the Office of the County Surveyor.
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Verde Village Agreement for Requirement Improvements and Installation on Plant Materials
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PR~MISS~RY NOTE NOV 2 ~ X008
i./ 1 f r »rr~r~rr~sr~~r~•
$400,000 Ashland, Oregon November 2008
"Payor", the undersigned limited liability company, promises to pay to the order
of the City of Ashland, a municipal corpora#ion, as "Payee", at Ashland, Qregon, the
sum of Four Hundred Thousand Collars x$400,000}, with no interest thereon, in the
event it defaults under that "Agreement For Construction of Required Improvements
and Ins#allation and Maintenance of Plant Materials" ~"Agreement"}, a copy of which is
attached hereto and incorporated herein by this reference. Said default shall occur
after Payor has received written notice of Payor's failure to comply with the terms of the
Agreement and Payor's subsequent failure to cure the non=compliance within the fifteen
X15} day cure period.
Attorney Fees; if this promissory note is placed in the hands of an attorney for
collection, payor promises and agrees to pay the reasonable attorney's fees and
collection costs of the balder hereof, and if suit ar action is filed hereon, also promise to
pay ~1 }holder's reasonable attorney's fees to be fixed by the trial cour#, and ~2} if any
appeal is taken from any decision ofthe trial court, such further sum as may be fixed by
the appellate court, as the holder's reasonable attorney's fees in the appellate court.
1JVILMA, LL
_ By: g ills
Its: ana in Member
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Jackson Gounty0fficial Records ~00~.02~~~~
R-TD
Cnt-1 Stn-6 HELMANC~7lZ412009 01:51:17 PM
$65.00 $10,00 $5.00 $11.00 Total:$91.00
a~ ~ = !~(`Cr1YYG
f~R~
Return to: 013es434200900Z85B1013013T
I, Chrittinr Wdkrr, County Clrrk for Jackaan County, orrpon, urtl(y
Richard Appicello that thr Inotrumrnt IdrntiArd hrnln was ncordrd In thr Clrrk
ncorda, Christine Walker -County Clerk
Ashland City Attorney
24 E. Main St.
Ashland, OR 9754
Y~usT aE~o
TRUST DEED "Security Instrument"} is made on July 2009
THIS ~
BY "Grantor": vvILMA LI.C
whose address is 744 Helman St., Ashland, OR 97520
TO "Trustee": FIRST AMERICAN TITLE INSURANCE COMPANY OF OREGON
having its office at X70 Lithia Way, Ashland OR 97520
FOR THE BENEFIT OF "Beneficiary": CITY OF ASHLAND
whose address is 20 E. Main Street
Ashland, OR 97520
On November 24, 2008, Beneficiary, Grantor and Ashland Flower Shop and
Greenhouses, lnc. entered into an "Agreement for Construction of Required
Im rovements and installation and Maintenance of Plant Materials (Agreement As
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art of the Agreement, Grantor executed a Promissory Note on November 24, 2008, ~n
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favor of the Beneficiary in the sum of $400,000. Said Promissory Note was cancelled
and re ~ laced by a Promissory Note, dated l l , 2009, in the sum of
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180 000. The A reement was amended on Ju y 17, 2009 to reflect the execution of
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the re lacement note in the sum of $180,000 and the extension of certain timelines.
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Grantor is responsible to pay said sum in the event it defaults under the Agreement as
amended. The Promissory Note, as it may be modified, extended; or replaced from
time to time, is referred to in this Security instrument as the Nate.
This Security Instrument secures to Beneficiary; (a) the repayment of the debt
evidenced by the Note and all renewals, extensions and modifications; and tb} the
erformance of Grantor's covenants and agreements under this Security Instrument
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and the Note.
Far valuable consideration, receipt of which is hereby acknowledged; far the
ur oses stated above; and far the purpose of securing the Obligations described in
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Section 1.01 below, Grantor irrevocably grants, bargains, sells, conveys, assigns, and
transfers to Trustee in trust for the benefit and security of Beneficiary, with power of
sale all of Grantor's right, title, and interest in and to the real property located in
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Jackson County, State of Oregon, and more particularly described. in Exhibit A
attached to, and incorporated by this reference into, this Security Instrument,
TOGETHER WITM (1) all dwellings and other improvements now or hereafter located
thereon, (2) all easements, tenements, hereditaments, rights and appurtenances
relating thereto, (3} all replacements and additions thereto, (4}all awards for any taking
of all or any portion thereof, (collectively, the "Trust Property"}.
This Security Instrument, the Note, the °Agreement for Construction of
Required Improvements and installation and Maintenance of Plant Materials" and all
other agreements executed at any time ~n connection therewith, as they may be
amended or supplemented from time to time, are sometimes collectively referred to in
this instrument as the "Loan pocuments."
GRANTOR AND BENEFICIARY COVENANT AND AGREE AS FOLLOWS.
ARTICLE QNE: Particular Covenants and Warranties of Grantor
1.01 Obligations Secured. This Security Instrument secures the payment of
principal, and the performance of all covenants and obligations of Grantor, under the
loan documents including but not limited to the Note, this Security Instrument, and the
Agreement whether such payment and performance is now due or becomes due in the
future (collectively, the "obligations").
1.02 Payment and Performance. Grantor shall pay and perform all of the
Obligations when due.
1.03 Property. Grantor warrants that Grantor holds good and merchantable
title to the Trust Property, free and clear of all liens, encumbrances, reservations,
restrictions, easements, and adverse claims except those specifcally identified on
Exhibit B attached to this Security Agreement. Grantor covenants that it shall forever
defend Beneficiary's and Trustee's rights under this Security Instrument and the priority
of this Security Instrument against the adverse claims and demands of all persons.
1.04 Further Assurances. Grantor shall execute, acknowledge, and deliver,
from time to time, such further instruments as Beneficiary or Trustee may require to
accomplish the purposes of this Security Instrument.
1.0~ Compliance with Laws. Grantor represents, warrants, and covenants
that the Trust Property is currently in material compliance with, and will at all times be
maintained in material compliance with, all applicable laws, and all covenants,
conditions, easements, and restrictions affecting the Trust Property.
1.ofi Environmental Compliance
(1} Far purposes of this section, "Environmental Law" means any federal,
state, or local law or regulation now or hereafter at any time pertaining to Hazardous
Substances or environmental conditions. Far purposes of this section, "Hazardous
Substance" includes, without limitation, any substance that is or becomes classified as
hazardous, dangerous, or toxic under any federal, state, or local law or regulation.
(2} Grantor will not use, generate, store, release, discharge, or dispose of
on, under, or about the Trust Property or the groundwater thereof any Hazardous
Substance and will not permit any other person to do so, except for storage and use of
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such Hazardous Substances (and in such quantities) as may commonly be used for
household purposes, provided such substances are stored and used in compliance
with all Environmental Laws. Grantor will keep and maintain the Trust Property in
compliance with all Environmental Laws.
(3} Beneficiary shall have the right to participate in any legal proceeding
initiated with respect to the Trust Property in connection with any Environmental Law
and have its attorney fees paid by Grantor. If, at any time, Beneficiary has reason to
believe that any violation of this Section 1.06 has occurred or is threatened, Beneficiary
may require Grantor to obtain or may itself obtain, at Grantor's expense, an
environmental assessment by a qualified environmental consultant. Grantor shall
promptly provide to Beneficiary a complete copy of any environmental assessment
obtained by Grantor,
(4) if any investigation, monitoring, containment, cleanup, or other remedial
work of any kind is required on the Trust Property under any applicable Environmental
Law or by any governmental agency or person in connection with a release of a
Hazardous Substance, Grantor shall promptly complete all such work at Grantor's
expense.
(5) All representations, warranties, and covenants in this Section 1.06 shall
survive the satisfaction of the Gbligations, the reconveyance of the Trust Property, or
the foreclosure of this Security Instrument:
'1.07 Maintenance and Improvements; Inspections. Grantor shall r~ot
permit the Trust Property or any part thereof to be removed, demolished, or materially
altered without Beneficiary's prior written consent. Grantor shall maintain the Trust
Property, and every portion thereof, in good repair and condition, except far reasonable
wear and tear, and shall at Beneficiary's election restore, replace, ar rebuild the Trust
Property or any part thereof now or hereafter damaged or destroyed by any casualty
(whether or not insured against or insurable} or affected by any Condemnation.
Grantor shall not commit or suffer any waste or strip of the Trust Property. Beneficiary
or its agent may make reasonable entries upon and inspections of the Trust Property.
Beneficiary sha11 give Grantor notice at the time of ar prior to an inspection specifying
reasonable cause for the inspection.
1.08 Liens. Grantor shall pay when due all claims far labor and ma#erials
that, if unpaid, might become a lien on the Trust Property. Grantor shall not create or
suffer any lien, security interest, or encumbrance on the Trust Property that may be
prior to, or on parity with, the lien of this Security Instrument, except as expressly
approved in writing by Beneficiary or as permitted in Section 1.09. Beneficiary agrees
to subordinate this Trust Deed to a trust deed or other security instrument that is used
as security for a construction loan used #or the construction of improvements of Verde
Village.
~,~9 Impositions Grantor shall pay when due all taxes, assessments, fees,
and other governmental and nongovernmental charges of every nature now or
hereafter assessed against any part of the Trust Property or on the lien or estate of
Beneficiary or Trustee therein (collectively, the "Impositions"}; provided, however, that
if bylaw any such Imposition maybe paid in installments, Grantor may pay the same in
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installments, together with accrued interest on the unpaid balance thereof, as they
become due. Grantor shall furnish to Beneficiary promptly on request satisfactory
evidence of the payment of all Impositions. Beneficiary is hereby authorized to request
and receive from the responsible governmental and nongovernmental personnel
written statements with respect to the accrual and payment of all Impositions.
1.14 ~,imitatians of Use. Grantor shall not initiate or consent to any rezoning
of the Trust Property ar any change in any covenant or other public or private
restrictions limiting or defining the uses that may be made of the Trust Property without
the prior written consent of Beneficiary.
1.11 Actions to Rrotect Trust Property; Reserves
~1) If Grantor sha11 fail to pay, perform, or observe any of its covenants
hereunder, Beneficiary may, but shall not be required to, take such actions as it deems
appropriate to remedy such failure. All sums, including reasonable attorney fees, so
expended, or expended to maintain the lien or estate of this Security Instrument or its
priority, or to protect or enforce any of Beneficiary's rights hereunder, shall be a lien on
the Trust Property, sha11 be secured by this Security Instrument, and shall be paid by
Grantor on demand, together with interest thereon at the rate provided in the Note. No
payment or other action by Beneficiary under this section shall impair any other right or
remedy available to Beneficiary or constitute a waiver of any Event of Default.
~2) If Grantor fails to perform promptly any of its obligations under Section
1.09 of this Security Instrument, Beneficiary may require Grantor thereafter to pay and
maintain with Beneficiary reserves for payment of such obligations. (n that event,
Grantor shall pay to Beneficiary each month a sum estimated by Beneficiary to be
sufficient to produce, at least 20 days before due, an amount equal to the Impositions,
If the sums so paid are insufficient to satisfy any Imposition when due, Grantor shall
pay any deficiency to Beneficiary on demand. The reserves may be commingled with
Beneficiary's other funds. Beneficiary shall credit to Grantor interest an such reserves
at the minimum rate required from time to time by applicable law. Beneficiary shall not
hold the reserves in trust for Grantor, and Beneficiary shall not be the agent of Grantor
for payment of the taxes and assessments required to be paid by Grantor.
ARTICLE TwO: Condemnation
Should the Trust Property or any part thereof be taken or damaged by reason
of any public improvement, eminent domain, condemnation proceeding, or in any other
manner ~a "Condemnation"), or should Grantor receive any notice or other information
regarding such action, Grantor shall give immediate notice thereof to Beneficiary.
Beneficiary shall be entitled to all compensation, awards, and other payments or relief
therefor ("Condemnation Proceeds") up to the full amount of the Obligations, and may
appear in any Condemnation proceeding in its own or Grantor's name and make any
settlement in connection therewith. Beneficiary may, at its option, apply the
Condemnation Proceeds to the Obligations or release the proceeds to Grantor, on
such terms and conditions as Beneficiary elects, for restoration of the Trust Property.
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ARTICLE THREE; Security Agreement and Fixture Filing
To secure the Obligations, Grantor hereby grants to Beneficiary a security
interest in all fixtures located on the Trust Property. This Security Instrument shall
constitute a security agreement and fixture filing under the Uniform Commercial Code
statutes of the state of Oregon. The mailing address of Grantor and the address of
Beneficiary from which information may be obtained are set forth on Page 1 of this
Security Instrument.
ARTICLE FOUR; Events of Default; Remedies
4.01 Events of Default. Each of the fallowing shall constitute an Event of
Default under this Security Instrument and under each of the other Loan Documents:
{7} Nonpayment. Failure of Grantor to pay any of the Obligations on or
within 15 days after the due date.
(2) Breach of Other Covenants. Failure of Grantor to perform or abide by
any other covenant included in the Obligations, including without limitation those
covenants in the Nate, in this Security Instrument, ar in any other Loan Document.
(3} Misinformation, Falsity `when made in any material respect of any
representation, warranty, or information furnished by Grantor or its agents to
Beneficiary in connection with any of the Obligations.
{~4} other Default. The occurrence of any other event of default under the
Note, the Loan Documents, or any of the other Obligations.
{5} Other Indebtedness, Secondary Financing. Grantor's default beyond
applicable grace periods in the payment of any other indebtedness secured by all or
any portion of the Trust Property.
(6} Bankruptcy. The occurrence of any of the following with respect to
Grantor, any guarantor of the obligations, or the then-owner of the Trust Property: {a)
appointment of a receiver, liquidator, or trustee far any such party or any of its
properties; (b} adjudication as a bankrupt or insolvent; (c) filing of any petition by or
against any such party under any state or federal bankruptcy, reorganization,
moratorium, or insolvency law; (d} inability to pay debts when due; or {e) any general
assignment far the benefit of creditors.
4.Q2 Remedies in Case of Default. if an Event of Default shall occur,
Beneficiary or Trustee, as the case may. be, may exercise any one or more of the
following rights and remedies, in addition to any other remedies that may be available
by law, in equity, ar otherwise:
{1 } Acceleration. Beneficiary may declare all or any portion of the
Obligations immediately due and payable.
{2) dower of Sale. Beneficiary may direct Trustee, and Trustee shalt be
empowered, to foreclose the Trust Property by advertisement and sale under
applicable law.
~3} Foreclosure. Beneficiary may judicially foreclose this Security
Instrument and obtain a judgment foreclosing Grantor's interest in all or any part of the
Trust Property.
. (4} Fixtures and Personal Property. With respect to any fxtures or other
ropecty subject to a security interest in favor of Beneficiary, Beneficiary may exercise
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any and all of the rights and remedies of a secured party under the Un~#orm
Commercial Code.
4.03 Sale. In any sale under this Security lnstrument or pursuant to any
judgment, the Trust Property, to the extent permitted bylaw, may be sold as an entirety
or in one or mare parcels and in such order as Beneficiary may elect. The purchaser at
any such sale shall take title to the Trust Property or the part thereof so sold, free and
clear of the estate of Grantor, the purchaser being hereby discharged from all liability
to see to the application of the purchase money. Any person, including Beneficiary,
ma urchase at any such sale. Beneficiary is hereby irrevocably appointed Grantor's
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attorney-in-fact, with power of substitution, to make alf appropriate transfers and
deliveries of the Trust Property ar any portions thereof sa sold. Nevertheless, Grantor
shall ratify and confirm any such sale or sales by executing and delivering to
Beneficiary or to such purchaser or purchasers all such instruments requested by
Benefciary for such purpose.
4.04 Cumulative remedies. All remedies under this Security Instrument are
cumulative. Any election to pursue one remedy shall not preclude the exercise of any
other remedy. Na delay or omission in exercising any right or remedy shall impair the
full exercise of that or any other right or remedy or constitute a waiver of any Event of
Default.
4.05 Application of Proceeds. All proceeds from the exercise of the rights
and remedies under this Article Four shall be applied {1) to costs of exercising such
rights and remedies; {2) to the Gbligations, in such order as Beneficiary shall
determine in its sole discretion; and {3} the surplus, if any, shall be paid to the clerk of
the court in the case of a judicial foreclosure proceeding, otherwise to the person or
persons legally entitled thereto.
ARTICLE FIVE: General Provisions
5.0~ Time Is of the Essence. Time is of the essence with respect to all
covenants and obligations of Grantor under this Security Instrument.
5.02 Reconveyance by Trustee. At any time on the request of Beneficiary,
payment of Trustee's fees, if any, and presentation of this Security Instrument, without
affecting the liability of any person for payment of the Obl~gat~ons, Trustee may
reconvey, without warranty, all or any part of the Trust Property. The grantee in any
reconveyance may be described as the "person or persons legally entitled thereto,"
and the recitals therein of any facts shall be evidence of the truthfulness thereof. if all
the obligations under this Security Instrument and the Note shall be paid, performed,
and satisfied in full, then the lien and estate hereby granted shall be reconveyed. A
recorded reconveyance reciting that all obligations secured by this Security Instrument
are fully satisfied shall constitute a discharge of this Security Instrument from the Trust
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Pro erty in all respects, except that the representations, covenants and warranties of
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Section 1,06 shall survive the reconveyance without regard to recitals or statements of
satisfaction and discharge in the reconveyance.
5.03 Notice. Except as otherwise provided in this Security Instrument, all
notices shall be in writing and may be delivered by hand, or mailed by first-class
certified mail, return receipt requested, postage prepaid, and addressed to the
appropriate party at its address set forth at the outset of this Security Instrument. Any
party may change its address far such notices from time to time by notice to the other
parties. Notices given by mail in accordance with this paragraph shall be deemed to
have been given on the date of ma~l~ng; notices given by hand shall be deemed to
have been given when actually received.
5.04 Successor Trustee. Beneficiary may appoint one ar more successor
trustees to execute the trust created under this Security Instrument, and the successor
trustee shall have, and shall succeed to, all the powers and duties of a trust deed
trustee permitted and afforded by law and this Security Instrument.
5.05 Security Instrument Binding on Successors and Assigns. This
Security Instrument shall be binding on and inure to the benefit of the heirs, legatees,
personal representatives, successors, and assigns of Grantor, Trustee, and
Beneficiary.
5.06 Indemnity. Grantor shall, to the fullest extent allowed by law, hold
Beneficiary and Trustee and, if either is a corporation ar other legal entity, their
respective directors, officers, employees, agents, and atkorneys harmless from and
indemnify them for any and all clams, demands, damages, liabilities, and expenses,
including but not limited to attorney fees and court costs, arising out of or in connection
with `trustee's or Beneficiary's interests and rights under this Security Instrument.
S.Ol Expenses and Attorney Fees. Grantor shall pay all fees and expenses,
taxes; assessments, and charges arising out of or in connection with the execution,
delivery, and recording of this Security Instrument. To the full extent permitted by law,
Grantor shall pay all fees, costs and expenses, including without limitation casts of title
search or title guarantee and trustee fees, costs and expenses, arising from the
exercise of the remedies enumerated in this Security Instrument ar available by law, in
equity, ar otherwise, to Beneficiary or Trustee, as the case may be. If Beneficiary
refers any of the Qbligations to an attorney for collection or seeks legal advice
following a default; if Beneficiary is the prevailing party in any litigation instituted in
connection with any of the Obligations; or if Beneficiary or any other person initiates
any judicial or nonjudicial action, suit, or proceeding in connection with any of the
Qbligations or the Trust Property (including but not limited to bankruptcy, eminent
domain, or probate proceedings}, and a lawyer is employed by Beneficiary to appear in
any such proceeding or seek relief from a judicial or statutory stay, or otherwise
enforce Beneficiary's interests, then in any such event Grantor shall pay reasonable
attorney fees, casts, and expenses incurred by Beneficiary in connection with the
above mentioned events and any appeals. Such amounts that Grantor shall pay under
this section shall be secured by this Security Instrument and, if not paid an demand,
shall bear interest at the rate specified in the Note.
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5,08 Applicable Law. This Security Instrument shall be governed by the laws
of the state of Oregon.
5.09 Person Defined. As used in this Security Instrument, the word person
shall mean any natural person, partnership, trust, corporation, limited liability company,
or other legal entity of any nature.
5.~0 Severability. If any provision of this Security Instrument shall be held to
be invalid, illegal, or unenforceable, the other provisions of this Security Instrument
shall not be affected.
5.11 Entire Agreemen#. This Security Instrument contains the entire
agreement of the parties with respect to the Trust Property. No prior agreement or
promise made by any party to this Security Instrument that is not contained herein shall
be binding or valid, except far the terms of the "Agreement for Construction of
Required Improvements and Installation and Maintenance of Plant Materials".
5.12 Joint and Several Liability. if this Security Instrument is executed by
two or more persons as Grantor, all of such persons shall be liable, jointly and
severally, for payment of all sums and performance of all covenants in this Security
Instrument.
5.13 Standard for Discretion. If this Security Instrument is silent on the
standard for any consent, approval, determination, or similar discretionary action, the
standard shall be sole and unfettered discretion as opposed to any standard of good
faith, fairness, or reasonableness.
BY SIGNING BELQVII, Grantor accepts.. and agrees to the terms and covenants
contained in this Security Instrument and in any addendum recorded with it.
GRANTOR:
WII.MA LL
,
BY Gre ~ ' ms BY Valri Williams
ITS Man ng Member ITS Managing Member
STATE OF OREGON
COUNTY OF JACKSON
da of Jul
The foregoing instrument was acknowledged before me this y y~
2Q09, by Greg Williams, as the Managing Member of WILMA LLC an its behalf.
.
Notary Public State of Oregon ~ o~~ICIA~ sla
LISA MARi~ fiATB
My commission expires: ~ ~ TARY PuaLIC•oI~Et30N
MMIS610N NQ. 433838
MY COMMISSION EXPIREB NOV. 23, 2012
STATE OF OREGON
COUNTY OF JACKSON
' v~ ~ of Jul
The foregoing Instrument was acknowledged before me this day y,
2Q09 by Valri Williams, as the Managing Member of WILMA Ll.C on its behalf.
Notary Public State of Oregon
My commission expires: ~ '~-G I
OFFICIAL SEAL
usa MaA~E PATE
NOTARY PUBLIC•OREaON
COMMISS1t?N N0.433838
MY CQMMISSION ~xPIRES NQV. 23, 2012
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REQUEST F'OR REC~7NV'EYANCE
TO TRUSTEE:
The undersigned is the holder of the note or notes secured by this Trust Deed.
Said note or notes, together with all other indebtedness secured by this Trust Deed,
have been paid in full. You are hereby directed to cancel said note or notes and this
Trust Deed, which are delivered hereby, and to reconvey, without warranty, all the
estate now held by you under this Trust Deed to the person or persons legally entitled
thereto,
SENEFI~IARY:
DATE:
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EXHIBIT A
LEGAL DESCRIPTION
Parcel No, 1 and 5 of Partition Plat No. P~66-200$, recorded November 18, 2008, in
Record of Partition Plats in Jackson County, Oregon, and filed as Survey No. 20231,
in the Office of the County Surveyor.
EXCEPTING THEREFROM that portion conveyed to the City ofi Ashland for Almeda
give/Perozzi Street by Instrument No, 2009-023392, Official Records of Jackson
County, Oregon.
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. EXHIBIT B {page I of 2}
1. Taxes far the fiscal year 2009-2010 a lien due, but not yet payable.
Z, City liens, if any, of the City of Ashland,
3. These premises are situated in the Talent Irrigation, and subject to the levies and assessments
thereof, water and irrigation rights, easements for ditches and canals and regulations concerning
the same.
4. Easement, including terms and provisions contained therein:
Recording Information; July 31, 1936 in Volume 208 page 584
In Favor of: City of Ashland
fir; Sewer lines and road purposes
5. Easement, including terms and provisions contained therein:
Recording Information. July 19,1957 in Volume 444 page 301
]:n Favor of: City of Ashland
For; Sewer purposes
6. Easement, including terms and provisions contained therein:
Recording Information: September 20,1971 as 7111943
In Favor of: City of Ashland
For; Street and utility purposes
7. .Agreement {regarding future conveyances of easements}, including terms and provisions thereof.
Recorded: December 13,1973 as 7318430
8. Restrictive Covenant to Waive Remonstrance, pertaining to Future improvements to Nevada
Street including the terms and provisions thereof
Recorded; June 28, ].982 as 82-09Z21A
9. Easement, including terms and provisions contained therein:
Recording Information: March Z, 1993 as 93-06556
In Favor of; U S West Communications, Inc.
For: Telecommunication facilities
10. Easement, including terms and provisions contained therein:
Recording Information: March 2,1993 as 93-06557
In Favor of: U S West Communications, Inc.
For: Telecommunication facilities
11, Development Agreement and the terms and conditions thereof:
Between: City of Ashland, a Municipal Corporation and political subdivision
f of the State of Oregon
And: Ashland i=lower Shop and Greenhouses, Inc,, an Oregon
Corporation
Recording Information: January 10, 2008 as Document No. 2008-D01Z71
Ordinance No. 2968 annexing Verde Village into the City of
Ashland and amendment provisions set forth therein, recorded
November 14, 2008 as No, 2008-041160.
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EXHIBIT B (page 2 of 2)
12. Temporary public access and utility easement, as shown on partition Plat P-fib-2008:
Recording Information; November 18, 2008 and filed as Survey No. 20231
(to autamatitally terminate upon the recording of the final plat)
Said temporary public access was granted to Rogue Valley Community Development
Corporation to benefit Parcel 2 by deed recorded December 10, 2008 as No. 2008~43g83.
That portion known as extended Almeria Drive and as Pero~zi Street was conveyed to the
City of Ashland by Deed of Dedication retarded June Z3, 2009 as No. 2009 23392.
~3. Temporary Access Easement Agreement, including terms and provisions thereof.
Recorded; January 28, 2009 as Document No.~Z009-00294D (Describes
Parcel 2 but may be intended for Parcel 1 of Verde Village - .
correction document has been requested}
i4, Line of Credit Trust Deed, including the terms and provisions thereof, given to secure an
indebtedness of up to $500,000
Grantor; f WILMA LLC, an Oregon limited liability company
Beneficiary; PremierWest Bank
Trustee; First American Ttle Insurance Co. of Oregon, Inc.
Dated: May 5, 2009
Recorded; June 15, 2009
Recording Information: 2009-02181b
I5. Trust Deed, including the terms and provisions thereof, given to secure an indebtedness of up to
$z,95D,oao.aa
Grantor: WILMA LLC, an Oregon limited liability company
Beneficiary: Ashland Flower Shop and Green Houses, Int.
Trustee: lawyers Title Insurance Corporation
Dated; January 5, 2009
Recorded; January 6, 2009 and rerecorded January iz, 2009
Recording Information; 2009-000159 and rerecorded 2009-000954
The lien of said Deed of Trust was subordinated to the lien of the instrument recorded June 15,
2009 under recording no. 2009-021816 (line of Credit in favor of PremierWest Bank) by
agreement recorded June 15, 2009 under recording no. 2009-021817 (Subordination
Agreement} ,
16. Deed of Trust, Fixture Filing and Security Agreement and the terms and conditions thereof.
GrantorJTrustor; 1Nilma, LLC
GranteeJBeneficiary: Rogue Valley Community Development Corporation
Trustee: Frst American Title Insurance Company
Amount; $Payment obligations according to terms of Easement
Agreement
Recorded: ~ ~ July 2, 2009
Recording Information. 2009-025636
(Affects Parcel 1) .
J.7. Easement Agreement and Public Improvement Plan by and between Wilma, ~,1.,C and Rogue
Valley Community Development Corporation (RVCDC), including terms and provisions thereof.
Recorded; ]uly Z, 2009 as No~ 2009-025637
SUBORDINATION AGREEMENT
CITY OF ASHLAND
20 E. MAIN STREET
ASHLAND, OR 97520
T0:
After recording return to (Name, Address, Zip):
This subordination Agreement is made day of May, 2017, between CITY OF ASHLAND,
("City") and , ("Lender"), under the following circumstances:
A. City is the beneficial holder of a Trust Deed (the "City's Trust Deed") executed by
WILMA LLC, as grantor, in favor of City, as Beneficiary, and recorded in Official
Records in Document Number 2009-028581 of the County Clerk's Office of
JACKSON County, Oregon, as condition subsequent should Grantor fail to fulfill
certain obligations of a development agreement, said subsequent obligation in the
amount of $180,000.00, which is a lien on the following described real estate (the
"Property"):
Situated in ASHLAND, County of JACKSON, and in the State of Oregon:
See Exhibit A, Attached hereto.
~3. Lender is the holder of a Trust Deed dated , 20_ in the principal
amount of $ ,from Borrower, as grantor, to Lender, as
beneficiary, recorded in Official Records
of the County Clerk's Office of Jackson County, Oregon (the "Lender Trust Deed"),
which is a lien on the Property.
C. As part of the consideration for Lender's agreement to make the loan secured by the
Lender Trust Deed, and to induce Lender to make that loan, City has agreed to
subordinate its lien of the City Trust Deed to the lien of the Lender Trust Deed, upon
the terms and conditions set forth in this agreement.
NOW, THEREFORE, City and Lender agree as follows:
1. City subordinates the lien of the City's Trust Deed to the lien of the Lender Trust
Deed; however, this subordination shall not otherwise' affect the validity or the
terms of the City's Trust Deed, or as to its priority to any other lien hold interest
Subordination Agreement
Page 1 of 4
in the Property unless otherwise specifically provided in separate agreement and
recorded.
2. This Subordination Agreement is made on the understanding that City shall not be
responsible for any of the obligation of Borrower contained in, or secured by, the
Lender Trust Deed.
3. This Subordination Agreement shall be binding upon, and inure to, the benefit of
Lender and City, and their respective successors and assigns.
4. Nothing in this Agreement is intended to, nor shall it, impair any interests as
between Borrower and its creditors (other than Lender and City) as to the
obligations of Borrower to pay City, as holder of the City's obligations, and the
principle of and interest on the City's obligation, as and when the same shall
come due.
Signed as of the date first written above.
Signed and acknowledged in the presence of:
CITY OF ASHLAND:
Witness
John Karnes, City Administrator
TRUSTEE:
Witness
Ashland City Attorney
LENDER
By:
Its:
STATE OF OREGON )
ss.
County of Jackson )
The foregoing instrument was acknowledged before me this day of ,
20 , by John Karnes, City Administrator, on behalf of the City of Ashland.
Subordination Agreement
Page 2 of 4
Notary Public for Oregon
My Commission Expires:
Subordination Agreement
Page 3 of 4
The Undersigned, being the Borrower name in the foregoing Subordination Agreement, hereby
accepts and consents thereto and agrees to be bound by all of the provisions thereof and to
recognize all priorities and other rights granted thereby to Lender, and to pay Lender in
accordance therewith.
Borrower:
Date
Subordination Agreement
Page 4 of 4
I
' B siness Meetin
Council u
. ~
Title: 2017 Council Liaisons to Boards, Commissions, and Committees
From: John Stromberg Mayor
john@council.ashland.or.us
Summa
This is the selection and approval of Council liaison assignments for May 1, 2017 through April
30, 2017 to city and regional boards, commissions and committees.
Actions, Options, or Potential Motions:
Council will need to select their liaison positions and then move to approve the 2017 list of
Council liaisons to boards, commissions and committees.
Staff Recommendation:
N/A
Resource Requirements:
NIA
Policies, Plans and Goals Supported:
2.2 Engage boards and commissions in supporting the strategic plan.
Background and Additional Information:
Liaison assignments are done annual. Previously, this was done in January but was postponed to
allow Council seat 6 (Councilor Darrow) to be appointed prior to assignment selection. It was
subsequently determined that matching the liaison assignments with the annual commission
assignment process would be a useful calendar adjustment. Therefore, the assignments approved
by Council will be for the time period of May 1, 2017 through April 30, 2018.
Attachments:
DRAFT list of assignments
Pagelofl CITY OF
SH LAN
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Council Business Meetin
. ~
Title: Discussion for Disbursements of Social Service Grants Funds
From: John Karns Interim City Administrator
john.karns@ashland.or.us
Summary:
On May 2, 2017, the Council voted to rescind the Council vote on the Housing and Human
Services social service grants allocation that was conducted on April 18, 2017. Council directed
staff to present at the next meeting a grant disbursement schedule that granted OHRA $25,000
and equitably distributed the balance of funds to the other approved applicants.
Actions, Options, or Potential Motions:
Council may choose to:
• Approve one of the two schedules presented by staff
• Develop their own schedule for grant disbursements
I move to approve schedule "A or B" of the recommendation provided by staff for the
disbursements of the City's social service grants"
Staff Recommendation:
Staff recommends to approve one of the two schedules presented by staff.
Resource Requirements:
Currently the City has set aside $134,000 in General Fund monies to provide support for Social
Service organizations that serve Ashland residents.
Policies, Plans and Goals Supported:
Goal #3: Support and empower our community partners.
3.3 Support the non-profit and cultural entities in the community.
Goal #5: Seek opportunities to enable all citizens to meet basic needs.
5. l Examine means and methods by which to improve access to mental health services
for Ashland citizens who need them.
5.3 Leverage partnerships with non-profit and private entities to build social equity
programming.
5.4 Encourage ongoing effectiveness of the Resource Center.
Goal #6: Develop and enable citizens to age in Ashland.
6.1 Support and augment existing programs.
Goal #7: Keep Ashland afamily-friendly community.
7.1 Support educational and enrichment programs in the community.
Page 1 of 2 C r T Y ~ F
SHLAN
I
Background and Additional Information:
After the approval of the modified Housing and Human Services Commission grant allocation
recommendation on April 18, 2017, Councilor Seffinger requested that a discussion to rescind
the vote be held at the next Council meeting. At the meeting on May 2nd Council voted to rescind
the vote held on April 18th. Council then requested that staff present at the next Council meeting
a schedule that awarded $25,000 to OHRA and equitably distributed the balance of the grant
funds to the remaining applicants. Staff is presenting two schedules. One awards funds to Rose
Circle that was the recommendation of the Housing and Human Services Commission and one
doesn't award funds to Rose Circle that was recommended in Council's April 18th vote.
Attachments:
Grant disbursement schedule developed by staff.
Page 2 of 2 C I? Y O F
SHLAND
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I
' iness Meetin
Council Bus
. ~
Title: 7th Quarterly Financial Report of the 2015-17 Biennium
From: Beverly Adams Interim Finance Director
Bev.adams@ashland.or.us
Summa
Financial reports are supplied for Council on a quarterly basis to provide assurance of budget
compliance and for informational and comparative purposes throughout the year.
Actions, Options, or Potential Motions:
I move to accept the seventh quarter financial report as presented.
Staff Recommendation:
That Council review and accept the 7th quarter financial report.
Resource Requirements:
NIA
Policies, Plans and Goals Supported:
Provide high quality and effective delivery of the full spectrum of city service and governance in
a transparent, accessible and fiscally responsible manner.
Background and Additional Information:
The attached financial statements cover 21 months of activity for the period July 1, 2015 through
March 31, 2017, and equate to 87.5% of the way through the biennial budget.
Financial statements provide the Mayor and Council with current financial information. These
reports allow both Council and staff the opportunity to recognize trends and make appropriate
changes as necessary to protect the assets of the City.
Total citywide revenue collections for this period are 85.3% of budget appropriations, an
expected and acceptable return for the time period.
Total citywide expenses of 81.1 % of budget appropriations are reasonable and well within
projections for the time period. Most variances that may appear unusual in relation to the 87.5%
of the budget period are due to timing of proj ects or debt service payments.
Overall, the financial position is stable for the period as reflected in these reports.
Note: Pages 3-6 provide a useful "at a glance" expenditure compliance report, with pages 7-25
showing both revenue and expenditures by Fund.
Page 1 of 2 CITY O F
SHLAN
i
Attachments:
Citywide financial statements
Page 2 of 2 C[ T Y O F
SHLAN
I
City of Ashland
Summary of Cash and Investments
March 31, 2017
Balance Balance Change From
Fund March 31, 2017 March 31, 2016 FY 2016
General Fund $ 6,363,666 $ 5,953,472 $ 410,194
Parks General Fund 185,146 624,264 (439,118)
Community Block Grant Fund 12,016 16,859 (4,843)
Reserve Fund 25,460 364,273 (338,812)
Street Fund 5,452,509 5,211,661 240,848
Airport Fund 151,868 117,930 33,939
Capital Improvements Fund 2,785,914 2,738,262 47,652
Parks Capital Improvements Fund 866,716 1,428,239 (561,524)
Debt Service Fund 1,221,809 1,145,930 75,878
Water Fund 6,894,329 5,345,212 1,549,117
Wastewater Fund 7,808,526 6,362,493 1,446,033
Electric Fund 1,206,181 1,624,303 (418,121)
Telecommunications Fund 299,472 205,304 94,167
Central Services Fund 591,226 1,302,607 (711,382)
Insurance Services Fund 1,165,149 1,198,646 (33,497)
Health Benefits Fund 707,322 115,041 592,282
Equipment Funtl 3,300,666 3,089,685 210,981
Parks Equipment Fund 176,308 49,379 126,930
Cemetery Trust Fund 952,286 939,906 12,380
$ 40,166,571 $ 37,833,468 $ 2,333,103
Total Cash Distribution $ 40,166,571 $ 37,833,468 $ 2,333,103
Manner of Investment
General Banking Accounts $ (294,611) $ 1,012,749 $ (1,307,361)
Local Government Inv, Pool 39,461,182 35,820,718 3,640,463
City Investments 1,000,000 1,000,000 -
Total Cash and Investments $ 40,166,571 $ 37,833,468 $ 2,333,103
Dollar Distribution Cash Balance Distribution
Central Services, Parks and Trust
Insurance and
E ui mentFunds Recreation Funds Claims ~ $944,553
Q p 14°/° 3% SDC's Judgments 2%
$6,760,284 $1,301,719
17% 3% Unassigned
Food & Beverage $16,559,779
$984,963 41%
3%
Library TOT Toun°
$99,108
0%
Business Type
Funds Debt Reserved
41% All Other (General $2,417,972 Asset Forfeited
Government) 6% Other Reserved $28,678
42% $11,068,515 0%
28%
9. Mar FY11 Financial Report
411812017
i
City of Ashland
Statement of Revenues and Expenditures -City Wide
As of 3/31/ 17 (87.50% of biennium)
Biennial Percent Biennial
To Date Actuals Budget Collected 2013.2015
Resource Summary (21 Months) 2015.2017 Expended Balance Biennium to Date End of Biennium
Revenues
Taxes $ 41,713,716 $ 45,305,576 92.1% $ (3,591,860) $ 37,876,848 $ 42,178,084
Licenses amt Permits 1,832,971 1,910,425 95.9% (77,454) 1,701,535 1,872,797
Intergovernmental Revenues 4,412,760 14,308,956 30.8°/° (9,896,196) 4,867,109 6,078,233
Charges for Services -Rate & Infernal 96,673,916 109,705,598 88.1 (13,031,682) 86,121,668 97,941,318
Charges for Services -Misc. Service fees 3,289,896 2,980,052 110.4% 309,844 2,547,504 2,922,427
System Development Charges 1,114,645 592,416 188.2% 522,229 1,034,481 1,134,394
Fines and Forfeitures 450,679 410,000 109,9% 40,679 309,048 362,187
Assessment Payments 131,417 520,000 25,3% (388,583) 118,791 126,991
Intereston Investments 511,218 369,358 138,4% 141,860 313,263 356,651
Miscellaneous Revenues 1,110,473 1,207,278 92,0% (96,805) 2,729,080 3,141,882
Total Revenues 151,241,692 177,309,659 85.3% (26,067,968) 137,619,326 156,114,964
Budgetary Resources:
Other Financing Sources 1,465,879 26,935,724 5.4% (25,469,845) 1,654,000 1,838,589
Interfund Loans 840,544 2,571,200 32,7% (1,730,656) 1,684,795 1,684,795
Transfers In 1,412,422 2,456,240 57.5% (1,043,818) 1,396,326 1,897,442
Total Budgetary Resources 3,718,845 31,963,164 11.6% (28,244,319) 4,735,120 5,420,826
Total Resources 154,960,537 209,272,823 74.0°/° (54,312,287) 142,354,446 161,535,790
Requirements by Classification
Personal Services 51,809,124 61,399,098 84.4% 9,589,974 46,072,010 55,146,073
Materials and Services 76,029,836 93,691,364 81.1% 17,661,528 67,406,111 80,154,005
Debt Service 6,577,842 10,632,044 61.9% 4,054,202 6,929,607 9,220,534
Total Operating Expenditures 134,416,802 165,722,506 81.1% 31,305,704 120,407,728 144,520,612
Capital Construction
Capital Outlay 9,909,708 53,267,031 18.6% 43,357,323 13,186,699 14,464,960
Interfund Loans 840,544 2,571,200 32.7% 1,730,656 1,684,795 1,684,795
Transfers Out 1,412,422 2,456,240 57,5% 1,043,818 1,396,326 1,897,442
Contingencies (Original Budget $3,085,000) - 2,675,570 0.0% 2,675,570 - -
Total Budgetary Requirements 2,252,966 7,703,010 29.2% 5,450,044 3,081,121 3,582,237
Total Requirements 146,579,476 226,692,547 64,7°/° 80,113,071 136,675,548 162,567,809
Excess (Deficiency) of Resources over
Requirements 8,381,061 (17,419,724) 148.1% 25,800,785. 5,678,898 (1,032,019)
Working Capital Carryover 32,934,606 30,632,011 107.5% 2,302,595 33,966,626 33,966,626
Unappropriated Ending Fund Balance $ 41,315,667 $ 13,212,287 312.1% $ 28,103,380 $ 39,645,524 $ 32,934,606
9. Mar FY17 Financial Report 2
411812017
I
City of Ashland
Schedule of Budgetary Compliance Per Resolution 2015-19
Amended for Resolutions 2015-27, 2015-30, 2016-15, 2016-16,
2016-22 and 2017-02
As of 3131117 (87.50% of biennium)
Biennial to date
actuals (21 Biennial Budget Percent
Months) 2015.2017 Used Balance
General Fund
Administration $ 388,588 $ 645,639 60.2% $ 257,051
Administration -Library 56,587 56,587 100.0% -
Administration -Tourism 66,395 315,901 21.0% 249,506
Administration -Municipal Court 837,610 1,056,830 79.3% 219,220
Administrative Services -Social Services Grants 264,392 267,933 98.7% 3,541
Administrative Services -Economic & Cultural Grants 1,370,091 1,695,033 80.8% 324,942
Administrative Services -Miscellaneous 98,875 269,000 36.8% 170,125
Administrative Services-Band 105,447 130,550 80.8% 25,103
Administrative Services -Parks 8,340,000 9,560,000 87.2% 1,220,000
Police Department 11,687,491 13,637,535 85,7% 1,950,044
Fire and Rescue Department 13,363,658 16,919,886 79,0% 3,556,228
Public Works -Cemetery Division 596,439 755,365 79,0% 158,926
Community Development-PlanningDivision 2,368,674 2,886,423 82.1% 517,749
Community Development-BuildingDivision 1,211,801 1,459,230 83,0% 247,429
Interfund Loan - 66,000 0.0% 66,000
Transfers 97,010 518,570 18,7% 421,560
Contingency - 675,570 0.0% 675,570
Total General Fund 40,853,058 50,916,052 80,2% 10,062,994
Parks and Recreation General Fund
Parks Division 7,002,386 8,127,847 86,2% 1,125,461
Recreation Division 2,481,446 2,828,630 87,7% 347,184
Goff Division 939,174 1,104,650 85,0% 165,476
Transfers 80,000 80,000 100,0% -
Contingency - 100,000 0.0% 100,000
Total Parks and Recreation Fund 10,503,007 12,241,127 85.8% 1,738,120
Community Development Block Grant Fund
Personal Services 54,728 65,420 83,7% 10,692
Materials and Services 208,803 374,378 55.8% 165,575
Total Community Development Grant Fund 263,531 439,798 59.9% 176,267
Reserve Fund
Interfund Loan 515,544 850,000 60.7% 334,456
Total Reserve Fund 515,544 850,000 60.7% 334,456
Street Fund
Public Works -Ground Maintenance 420,956 494,400 85,1% 73,444
Public Works -Street Operations 4,552,008 12,991,770 35,0% 8,439,762
Public Works -Street Operations Debt 238,427 246,710 96.6% 8,283
Public Works -Storm Water Operations 1,029,716 1,312,700 78.4% 282,984
Public Works -Storm Water Operations Debt 24,075 25,300 95.2% 1,225
Public Works - Transportation SDC's 340,707 2,956,854 11,52% 2,616,147
Contingency - 99,000 0.0% 99,000
Total Street Funtl 6,605,889 18,126,734 36.4% 11,520,845
Airport Fund
Materials and Services 74,722 425,943 17,5% 351,221
Capital0utlay 45,882 88,000 52,1% 42,116
Debt Service 57,804 77,072 75.0% 19,268
Contingency - - 0.0% -
TotalAirport Fund 178,408 591,015 30.2% 412,607
9. Mar FY17 Financial Report 3
411812011
Schedule of Budgetary Compliance Per Resolution 2015-19
Amended for Resolutions 2015-27, 2015-30, 2016-15, 2016-16,
2016-22 and 2017-02
As of 3131/17 (87.50% of biennium)
Biennial to date
actuals (21 Biennial Budget Percent
Months) 2015.2017 Used Balance
Capital Improvements Fund
Public Works -Facilities 1,665,945 2,820,650 59,1% 1,154,705
Administrative Services - SDC (Parks) 358,529 607,340 59,0% 248,811
Administrative Services -Open Space (Parks) 1,486,271 3,099,842 47,9% 1,613,571
Transfers 215,419 277,370 77,7% 61,951
Contingency - 200,000 0.0% 200,000
Total Capital Improvements Fund 3,726,165 7,005,202 53.2% 3,279,037
Parks Capital Improvement Fund
Personal Services 138,505 189,930 72.9% 51,425
Materials and Services 57,279 85,052 67.3% 27,773
Capital0utlay 908,863 3,732,837 24.3% 2,823,974
Total Parks Capital Improvement Fund 1,104,648 4,007,819 27.6% 2,903,171
Debt Service Fund
Materials and Services - - NIA -
DebtService 3,207,721 4,270,200 75.1% 1,062,479
Total Debt Service Fund 3,207,721 4,270,200 75,1% 1,062,479
Water Fund
Public Works -Conservation 455,870 696,025 65,5% 240,155
Public Works -Water Supply 2,223,679 2,557,935 86.9% 334,256
Public Works -Water Supply Debt 18,435 18,971 97.2% 536
Public Works -Water Distribution 4,974,154 9,595,707 51,8% 4,621,553
Public Works -Water Distribution Debt 478,981 502,133 95,4% 23,152
Public Works-WaterTreatment 2,004,692 13,941,884 14,4% 11,937,192
Public Works -Water Treatment Debt 243,896 281,543 86,6% 37,647
PublioWorks-ImprovementSDC's 238,927 3,170,335 7.5% 2,931,408
Public Works - Debt SDC's 345,182 361,658 95.4% 16,476
Transfer 437,500 500,000 87.5% 62,500
Contingency - 170,000 0.0% 170,000
Total Water Funtl 11,421,316 33,213,203 34,4% 21,791,887
Wastewater Fund
Public Works -Wastewater Collection 3,546,233 5,349,514 66.3% 1,803,281
Public Works -Wastewater Collection Debt 128,441 147,457 87.1 % 19,016
Public Works -Wastewater Treatment 4,297,940 10,183,710 42.2% 5,885,770
Public Works -Wastewater Treatment Debt 1,789,673 3,237,300 55.3% 1,447,627
Public Works - Reimbursements SDC's 13,039 15,000 86.9% 1,961
Contingency - 192,000 0.0% 192,000
Total Wastewater Fund 9,775,327 22,801,625 42.9% 13,026,298
Electric Fund
Administration -Conservation 1,242,296 1,420,030 87.5% 177,734
Electric-Supply 12,141,136 14,051,887 86.4% 1,910,151
Electric-Distribution 11,423,243 14,041,211 81,4% 2,617,968
Electric-Transmission 1,566,772 1,925,945 81.4% 359,173
Debt Service 46,007 46,688 98,5% 681
Contingency - 279,000 0.0% 279,000
Total Electric Fund 26,420,054 31,764,761 83,2% 5,344,707
9. Mar FY11 Financial Report 4
411812017
i
Schedule of Budgetary Compliance Per Resolution 2015-19
Amended for Resolutions 2015-27, 2015-30, 2016-15, 2016-16,
2016-22 and 2017-02
As of 3/31117 (87.50% of biennium)
Biennial to date
actuals (21 Biennial Budget Percent
Months) 2015.2017 Used Balance
Telecommunications Fund
IT-Personal Services 1,106,711 1,343,230 82,4% 236,519
IT -Materials & Services 1,510,648 2,028,504 74.5% 517,856
IT -Capital Outlay 218,480 250,000 87.4% 31,520
Debt - To Debt Service Fund 818,000 818,000 100.0°/° -
Contingency - 250,000 0,0% 250,000
Total • Telecommunications Fund 3,653,839 4,689,734 77,9% 1,035,896
Note: In M & S appropriation
Central Services Fund
Administration Department 3,075,507 3,414,820 90.1% 339,313
Information Technology -Info Services Division 2,282,809 2,907,638 78.5% 624,829
Administrative Services Department 4,109,820 4,867,097 84.4% 757,277
City Recorder 863,862 992,590 87.0% 128,728
Public Works -Administration and Engineering 2,918,582 3,566,522 81.8% 647,940
Contingency - - NIA -
Total Central Services Fund 13,250,580 15,748,667 84.1% 2,498,087
Insurance Services Fund
Personal Services 175,570 204,960 85,7% 29,390
Materials and Services 1,441,460 1,814,790 79.4% 373,330
Transfers 569,500 1,069,500 53,2% 500,000
Contingency - 390,000 0.0% 390,000
Total Insurance Services Fund 2,186,530 3,479,250 62.8% 1,292,720
Health Benefits Fund
Materials and Services 8,747,019 9,830,000 89,0% 1,082,981
Interfund Loan 325,000 650,000 50,0% 325,000
Contingency - 250,000 0.0% 250,000
Total Health Benefits Fund 9,072,019 10,730,000 84,5% 1,657,981
Equipment fund
Public Works -Maintenance 2,345,566 2,961,860 79,2% 616,294
Public Works -Purchasing and Acquisition 1,123,071 1,330,500 84,4% 207,429
Interfund Loan - 965,200 0.0% 965,200
Contingency - 70,000 0.0% 70,000
Total Equipment Fund 3,468,637 5,327,560 65.1% 1,858,923
Parks Equipment Fund
Capital0utlay 360,210 439,000 82.1% 78,790
Interfund Loan - 40,000 0.0% 40,000
Total Parks Equipment Funtl 360,210 479,000 75.2% 118,790
Cemetery Trust Fund
Transfers 12,993 10,800 120.3% (2,193}
Total Cemetery Trust Fund 12,993 10,800 120,3% (2,193)
Total Appropriations $ 146,579,476 $ 226,692,547 64,7% $ 80,113,071
9. Mar FY17 Financial Report 5
411812017
i
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
March 31, 2017
Biennial Percent Biennial
To Date Actuals Budget Collected 2013-2015
(21 Months) 20152017 Expended Balance Biennium to Date End of Biennium
110 General Fund
Taxes $ 35,991,626 $ 38,746,990 92.9% $ (2,755,364) $ 32,921,970 $ 35,933,208
Licenses and Permits 1,832,971 1,910,425 95.9% (77,454) 1,701,535 1,872,797
Intergovernmental 1,439,996 2,592,770 55.5% (1,152,774) 1,139,692 1,373,375
Charges for Services 2,923,659 3,331,350 87.8% (407,691) 2,739,499 3,148,841
Fines 450,679 410,000 109,9% 40,679 309,048 362,187
Intereston Investments 68,390 60,000 114.0% 8,390 42,546 47,932
Miscellaneous 212,757 79,600 267,3% 133,157 137,492 157,037
Interfund Loan (Equipment Fund) - 126,200 0.0% (126,200) - -
Transfer in (Water Fund) 437,500 500,000 87.5% (62,500) 100,000 100,000
Transfer In (Cemetery Fund) 12,993 10,800 120,3% 2,193 8,022 9,139
Total Revenues and Other Sources 43,370,570 47,768,135 90.8% (4,397,565) 39,099,803 43,004,516
Administration 388,588 645,639 602% 257,051 228,550 357,888
Administration -Library 56,587 56,587 100.0% - 487,988 487,988
Administration -Tourism 66,395 315,901 21,0% 249,506 20,044 47,467
Administration -Municipal Court 837,611 1,056,830 79.3% 219,219 858,486 964,592
Administrative Services -Social Services Grants 264,392 267,933 98,7% 3,541 254,205 254,205
Administrative Services -Economic & Cultural Grants 1,370,091 1,695,033 80,8% 324,942 1,197,189 1,304,744
Administrative Services -Miscellaneous 98,875 269,000 36.8% 170,125 158,460 185,715
Administrative Services -Band 105,447 130,550 80,8% 25,103 98,739 114,017
Administrative Services -Parks 8,340,000 9,560,000 872% 1,220,000 7,965,004 8,856,000
Police Department 11,687,489 13,637,535 85.7% 1,950,046 10,844,837 12,316,387
Fire and Rescue Department 13,363,657 16,919,886 79,0% 3,556,229 11,597,930 13,149,854
Public Works -Cemetery Division 596,439 755,365 79,0% 158,926 569,218 663,518
Community Development- Planning Division 2,368,674 2,886,423 82.1% 517,749 2,176,363 2,547,191
Community Development- Building Division 1,211,801 1,459,230 83.0% 247,429 1,161,677 1,327,542
Interfund Loan - 66,000 0.0% 66,000 - -
Transfers Out (Debt Service & Cemetery) 97,010 518,570 18.7% 421,560 192,824 192,824
Contingency - 675,570 0.0% 675,570 - -
Total Expenditures and Other Uses 40,853,055 50,916,052 802% 10,062 997 37,811,513 42,769,932
Ezcess(Deficiency) of Revenues and Other Sources
over Expenditures and Other Uses 2,517,515 (3,147,917) 180,0% 5,665,432 1,288,290 234,584
Fund Balance, Jul 1, 2015 3,620,263 3,400,277 106.5% 219,986 3,385,679 3,385,679
Fund Balance, Mar 31, 2017 $ 6,137,778 $ 252,360 2432.2% $ 5 885,418 $ 4 673,969 $ 3,620,263
Reconciliation of Fund Balance;
Restricted and Committed Funds 824,156
Unassigned Fund Balance $ 5,313,622
9. Mar FY17 Financial Report 6
411812017
i
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
March 31, 2017
Biennial Percent Biennial
To Date Actuals Budget Collected 2013.2015
(21 Months) 2015.2017 Expended Balance Biennium to Date End of Biennium
211 Parks and Recreation General Fund
Intergovernmental $ - $ - NIA $ - $ 6,050 $ 10,589
Charges for Services - Internal 8,340,000 9,560,000 872% (1,220,000) 7,965,004 8,856,000
Charges for Services -Misc. Service Fees 1,603,926 1,805,000 88,9% (201,074) 1,486,713 1,725,966
Interest on Investments 5,038 14,000 36,0% (8,962) 8,492 9,535
Miscellaneous 22,795 100,000 22.8% (77,205) 42,298 47,413
Transfers In (General & Insurance Fund) 52,500 373,500 14,1% (321,000) - -
TotalRevenuesandOtherSources 10,024,259 11,852,500 84,6% (1,828,242) 9,508,557 10,649,503
Parks Division 7,002,386 8,127,847 862% 1,125,461 6,605,998 7,473,109
Recreation Division 2,481,446 2,828,630 87,7% 347,184 2,181,770 2,507,775
Golf Division 939,174 1,104,650 85,0% 165,476 915,935 1,026,426
Other Financing Uses -Transfers 80,000 80,000 100.0% - 922,000 922,000
Contingency - 100,000 0.0% 100,000 - -
Total Expenditures and Other Uses 10,503,007 12,241,127 85,8% 1,738,120 10,625,703 11,929,310
Excess(Deficiency) of Revenues and Other Sources
over Expenditures and Other Uses (478,748) (388,627) -23,2% (90,121) (1,117,146) (1,279,807)
Fund Balance, Jul 1, 2015 503,628 392,641 128,3% 110,987 1,783,435 1,783,435
Fund Balance, Mar 31, 2017 $ 24,880 $ 4,014 619,8% $ 20,866 $ 666,289 $ 503,628
Reconciliation of Fund Balance;
Restricted and Committed Funds -
Unassigned Fund Balance $ 24,880
9. Mar FY17 Financial Report 7
4118f2017
i
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
March 31, 2017
Biennial Percent Biennial
To Date Actuals Budget Collected 2013-2015
(21 Months) 2015.2011 Expended Balance Biennium to Date End of Biennium
250 Community Development Block fund
Intergovernmental $ 240,282 $ 439,798 54,6% $ (199,516) $ 274,692 $ 335,060
Totai Revenues and Other Sources 240,282 439,798 54,6% (199,516) 274,692 335,060
Personal Services 54,728 65,420 83,7% 10,692 67,105 67,560
Materials and Services 208,803 374,378 55.8% 165,575 241,122 267,504
Total Expenditures and Other Uses 263,531 439,798 59.9% 176 267 308,228 335,064
Ezcess(Deficiency) of Revenues and Other Sources
over Expenditures and Other Uses (23,249) - NfA (23,249) (33,536) (4)
Fund Balance, Jul 1, 2015 33,797 1 3379700,0% 33,796 33,801 33,801
Fund Balance, Mar 31, 2017 $ 10,548 $ 1 1054819,0% $ 10 547 $ 265 $ 33,797
Reconciliation of Fund Balance:
Restricted and Oommitted Funds 10,548
Unassigned Fund Balance $ -
9. Mar FY17 Financial Report 8
411812011
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
March 31, 2017
Biennial Percent Biennial
To Date Actuals Budget Collected 2013.2015
(21 Months) 2015.2017 Expended Balance Biennium to Date End of Biennium
255 Reserve Fund
Interest on Investments $ 19,726 $ 34,000 58.0% $ (14,274) $ 13,630 $ 16,699
Interfund Loan 325,000 650,000 50,0% (325,000) 250,000 250,000
Transfers In - - NIA - - -
Total Revenues and Other Sources 344,726 684,000 50.4% (14,274) 263,630 266,699
Interfund Loan (Health Benefits Fund) 515,544 850,000 60.7% 334,456 900,000 900,000
Transfer out - - NIA - 190,000 190,000
Total Expenditures and Other Uses 515,544 850,000 60.7% 334 456 1090 000 1,090,000
Ezcess(Defciercy) of Revenues and Other Sources
over Expenditures and Other Uses (170,818) (166,000) -2.9% (4,818) (826,370) (823,301)
=und Balance, Jul 1, 2015 196,279 204,580 95.9% (8,301) 1,019,580 1,019,580
Fund Balance, Mar 31, 2017 ~ 25,461 $ 38,580 66.0% ~ (13119) $ 193 210 $ 196,279
Reconciliation of Fund Balance:
Restricted and Committed Funds 25,461
Unassigned Fund Balance $ (0)
9. Mar FY17 Financial Report 9
411812017
i
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
March 31, 2017
Biennial Percent Biennial
To Date Actuals Budget Collected 2013-2015
(21 Months) 2015.2017 Expended Balance Biennium to Date End of Biennium
260 Street Fund
Taxes $ 182,951 $ 96,700 189.2% $ 86,251 $ 83,246 $ 115,161
Intergovernmental 2,249,918 7,422,136 30,3% (5,172,218) 2,034,483 2,347,988
Charges for Services -Rates 3,773,196 4,219,700 89,4% (446,504) 3,525,251 4,038,568
Charges for Services -Misc. Service Fees 45,732 - NIA 45,732 51,571 57,612
System Development Charges 314,528 133,000 236.5% 181,528 229,787 245,552
Assessments 131,417 120,000 109.5% 11,417 118,791 126,991
Interestan Investments 73,509 48,000 153.1% 25,509 42,137 48,418
Miscellaneous 159,862 100,000 159,9% 59,862 356,422 356,423
Other Financing Sources - 3,306,854 0.0% (3 306,854) - -
TotalRevenuesandOtherSources 6,931,112 15,446,390 44.9% {8,515,278) 6,441,688 7,336,713
Public Works -Ground Maintenance 420,956 494,400 85.1 % 73,444 304,478 393,835
Public Works -Street Operations 4,675,962 12,991,770 36,0% 8,315,808 4,002,146 4,642,473
Public Works -Street Operations Debt 114,473 246,710 46.4% 132,237 228,342 237,823
PublicWorks-StormWaterOperations 1,029,716 1,312,700 78.4% 282,984 948,142 1,079,458
Public Works -Storm Water Operations Debt 24,075 25,300 95,2% 1,225 24,892 26,317
Public Works-TransportationSDC's 340,707 2,956,854 11,5% 2,616,147 36,424 91,028
Public Works -Storm Water SDC's - - NIA - 4,670 4,670
Public Works -Local Improvement Districts - - NIA - - -
Contingency - 99,000 0,0% 99,000 - -
Total Expenditures and Other Uses 6,605,888 18,126,734 36,4% 11,520846 5 549,095 6,475,604
Ezcess(Deficiency) of Revenues and Other Sources
over Expenditures and Other Uses 325,224 (2,680,344) 112,1% 3,005,568 892,593 861,109
=und Balance, Jul 1, 2015 5,278,231 4,702,624 112.2% 575 607 4,417122 4,417,122
Fund Balance, Mar 31, 2017 $ 5,603,455 $ 2,022,280 277.1% $ 3 581175 $ 5 309 715 $ 5,278,231
Reconciliation of Fund Balance:
Restricted and Committed Funds 5,603,455
Unassigned Furid Balance $ 0
9. Mar FY17 Financial Report 1 O
411812011
i
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
March 31, 2017
Biennial Percent Biennial
To Date Actuals Budget Collected 2013-2015
(21 Months) 2015.2017 Expended Balance Biennium to Date End of Biennium
280 Airport Fund
Charges for Services -Rates $ 223,826 $ 276,000 81.1 % $ (52,174) $ 227,499 $ 274,192
Intereston Investments 1,888 500 377.5% 1,388 835 953
Other Financing Sources - 270,000 0.0% (270,000) - -
Interfund Loan - - N1A - - -
Total Revenues and Other Sources 225,714 546,500 41.3% (320,786) 228,334 275,145
Materials and Services 74,722 425,943 17.5% 351,221 117,610 133,293
Capital Outlay 45,882 88,000 52,1% 42,118 44,962 44,962
Debt Service 57,804 77,012 75.0% 19,268 57,804 77,072
Interfund Loan - - NIA - 19,000 19,000
Contingency - - #DIVIO! - - -
Total Expenditures and Other Uses 178,408 591,015 302% 412,601 239,576 274,327
Ezcess(Def ciency) of Revenues and Other Sources
over Expenditures and Other Uses 47,305 (44,515) 206.3% 91,820 (11,242) 818
Fund Balance, Jul 1, 2015 117,514 114,751 102,4% 2,763 116,696 116,696
Fund Balance, Mar 31, 2017 $ 164,819 $ 70,236 234.7% $ 94 583 $ 105 454 $ 117,514
Reconciliation of Fund Balance;
Restricted and Committed Funds 164,819
Unassigned Fund Balance $ -
9. Mar FY17 Financial Report 11
411812017
i
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
March 31, 2017
Biennial Percent Biennial
To Date Actuals Budget Collected 2013-2015
(21 Months) 2015.2017 Expended Balance Biennium to Date End of Biennium
410 Capital Improvements Fund
Taxes $ 938,776 $ 1,093,400 85.9% $ (154,624) $ 752,315 $ 993,068
Intergovernmental 2,732 - NlA 2,732 - 520,240
Charges for Services-Internal 1,662,128 2,205,600 75.4% (543,472) 1,625,097 1,857,254
Charges for Services -Misc. Service Fees 7,000 - NIA 7,000 103,958 127,416
System Development Charges 101,971 129,416 78,8% (27,445) 93,323 97,839
Intereston Investments 35,599 22,600 157.5% 12,999 19,146 21,667
Miscellaneous 4,438 22,100 20,1% (17,662) 45,022 47,712
Other Financing Sources 870,000 3,050,045 28.5% (2,180,045) - -
Transfer In (Insurance Fund) 100,000 100,000 100,0% - - -
Total Revenues and Other Sources 3,722,644 6,623,161 56.2% (2,900,517) 2,638,861 3,665,195
PublicWorks-Facilities 1,665,945 2,820,650 59,1% 1,154,705 1,894,920 2,109,209
Administrative Services - SDC (Parks) 358,529 607,340 59.0% 248,811 - -
Administrative Services -Open Space (Parks) 1,486,271 3,099,842 47.9% 1,613,571 816,727 816,727
Transfers Out (Debt Service Fund) 215,419 277,370 77.7% 61,951 83,479 83,479
Interfund Loan (Equipment Fund) - - NIA - 1,000 1,000
Contingency - 200,000 0.0% 200,000 - -
Total Expenditures and Other Uses 3,726,164 7,005,202 53,2% 3 079 038 2 796,126 3,010,415
Ezcess(Def ciency) of Revenues and Other Sources
over Expenditures and Other Uses (3,520) (382,041) 99.1 % 378,521 (157,265) 654,780
Fund Balance, Jul 1, 2015 2,749,486 1,918,994 143,3% 830,492 2,094,706 2,094,706
Fund Balance, Mar31, 2017 $ 2,745,966 $ 1,536,953 178,7% $ 1,209,013 $ 1,937,441 $ 2,749,486
Reconciliation of Fund Balance:
Restricted and Committed Funds 2,745,965
Unassigned Fund Balance $ 0
9. Mar FY11 Financial Report 2
411812017
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
March 31, 2017
Biennial Percent Biennial
To Date Actuals Budget Collected 2013-2015
(21 Months) 2015.2017 Expended Balance Biennium to Date End of Biennium
411 Parks Capital Improvement Fund
Charges for Services $ 13,137 $ 212,930 6.2% $ (199,793) $ 257,253 $ 316,201
Charges for Services -Internal 1,477,771 - NIA - - -
Intergovernmental - 3,517,252 0.0°/° (3,517,252) 1,028,333 995,061
Interest on Investments 14,487 4,000 362.2% 10,487 3,093 3,356
Miscellaneous 16,555 - NlA - 18,372 23,441
Transfer In (Park Fund) - - NIA - 922,000 922,000
Total Revenues and Other Sources 1,521,950 3,734,182 40,8% (3,706,558) 2,229,051 ~ 2,260,059
Personal Services 138,505 189,930 72.9% 51,425 - -
Materialsand Services 57,279 85,052 67,3% 27,773 1,331 1,331
Capital0utlay 908,863 3,732,837 24.3% 2,823,974 2,356,997 2,437,058
Total Expenditures and Other Uses 1,104,648 4,007,819 27.6% 2,903,171 2,358,328 2,438,389
Excess(Deficiericy) of Revenues and Other Sources
over Expenditures and Other Uses 417,302 (273,637) 252.5% 690,939 (129,277) (178,330)
Fund Balance, Jul 1, 2015 209,302 582,254 35.9% (372,952) 387,632 387,632
Fund Balance, Mar 31, 2017 $ 626,604 $ 308,617 203,0% $ 317987 $ 258,355 $ 209,302
Reconciliation of Fund Balance:
Restricted and Committed Funds 626,604
Unassigned Fund Balance $ 0
9. Mar FY17 Financial Report 13
411812017
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
March 31, 2017
Biennial Percent Biennial
To Date Actuals Budget Collected 2013-2015
(21 Months) 2015.2017 Expended Balance Biennium to Date End of Biennium
530 Debt Services
Taxes $ 990,527 $ 955,426 103,7% $ 35,101 $ 992,967 $ 1,019,824
Charges for Services -Internal 2,122,275 2,308,600 91.9% (186,325) 2,122,275 2,306,600
Charges for Services -Misc. Service Fees 140,365 149,036 94.2% (8,671) 122,497 132,076
Assessments - 400,000 0.0% (400,000) - -
Intereston Investments 9,283 20,000 46.4% (10,717) 6,992 8,161
Miscellaneous - 58,604 0.0% (58,604) 6 6
Transfer In (General Fund & CIP) 311,429 473,940 65.7% (162,511) 275,303 275,303
Other Financina Sources - - NIA - - -
Tota Revenues and Other Sources 3,573,879 4,365,606 81.9% (791,727) 3,520,041 3,743,970
Materials and Services 800 - NIA - 6,294 6,294
Debt Service 3,206,921 4,270,200 75.1% 1,063,279 3,255,829 3,661,939
Interfund Loan (Central Service Fund) - - NIA - 364,795 364,795
Tota Expenditures and Other Uses 3,207,721 4,270,200 75.1% 1,063,279 3,626,918 4,033,028
Ezcess(Deficiency) of Revenues and Other Sources
over Expenditures and Other Uses 366,158 95,406 383.8% 270,752 (106,878) (289,058)
Fund Balance, Jul 1, 2015 861,560 753,948 114.3% 107,612 1,150,618 1,150,618
Fund Balance, Mar 31, 2017 $ 1,227,718 $ 849,354 144,5% $ 378364 $ 1043740 $ 861,560
Reconciliation of Fund Balance;
Restricted and Committed Funds 1,227,718
Unassigned Fund Balance $ -
9. Mar FY17 Financial Report 4
4118!2017
i
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
March 31, 2017
Biennial Percent Biennial
To Date Actuals Budget Collected 2013-2015
(21 Months) 2015.2017 Expended Balance Biennium to Date End of Biennium
670 Water Fund
Taxes $ 10 $ - NlA $ 10 $ 69 $ 80
Intergovernmental 14,897 14,000 106,4% 897 96,747 160,220
Charges for Services -Rates 12,466,267 13,954,600 89.3% (1,488,333) 10,457,019 11,913,085
Charges for Services -Misc. Service Fees 184,597 - NlA 184,597 147,446 164,472
System Development Charges 510,124 200,000 255.1% 310,124 538,131 597,443
Intereston Investments 80,475 40,800 197.2% 39,675 51,037 56,607
Miscellaneous 64,453 24,000 268.6% 40,453 18,089 34,573
Other Financing Sources 542,455 14,990,125 3,6°/° (14,447670) 1,654,000 1,724,546
Total Revenues and Other Sources 13,863,278 29,223,525 47.4% (15,360,247) 12,962,537 14,651,026
Public Works -Conservation 455,870 696,025 65.5% 240,155 365,415 442,021
Fire - Foresf Lands - - N!A - 764,510 889,478
Public Works -Water Supply 2,223,679 2,557,935 86,9% 334,256 4,461,662 4,819,863
Public Works -Water Supply Debt 18,435 18,971 97.2% 536 44,087 44,787
PublicWorks-WaterDistribution 4,974,154 9,595,707 51.8% 4,621,553 2,029,446 2,289,201
Public Works -Water Distribution Debt 478,981 502,133 95.4% 23,152 428,359 467,434
PublicWorks-WaterTreatment 2,004,692 13,941,884 14,4% 11,937,192 4,707,996 5,364,675
Public Works -Water Treatment Debt 243,896 281,543 86,6% 37,647 635,635 662,801
Public Works - Improvement SDC's 419,904 3,170,335 132% 2,750,431 384,883 507,905
Public Works - Debt SDC's 132,282 361,658 36.6% 229,376 238,071 241,845
Debt Service 31,923 1,417,012 2.3% 1,385,089 - -
Interfund Lcan - - NIA - 150,000 150,000
Transfers (General Fund) 437,500 500,000 87.5% 62,500 - -
Contingency - 170,000 0.0% 170,000 - -
Total Expenditures and Other Uses 11,421,316 33,213,203 34.4% 21,791,887 14,210,064 15,880,009
Ezcess(Defciency) of Revenues and Other Sources
over Expenditures and Other Uses 2,441,962 (3,989,678) 161.2% 6,431,640 (1,247,528) (1,228,983)
Fund Balance, Jul 1, 2015 5,208,593 6,061,702 65.9% (853,109) 6437,575 6,437,575
Fund Balance, Mar 31, 2017 $ 7,650,555 $ 2,072,024 369.2% $ 5 578 531 $ 5190 047 $ 5,208,593
Reconciliation of Fund Balance;
Restricted and Committed Funds 4,498,182
Unassigned Fund Balance $ 3,152,373
9, Mar FYt7 Financial Report 15
4iisrza~7
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
March 31, 2017
Biennial Percent Biennial
To Date Actuals Budget Collected 2013-2015
(21 Months) 2015.2017 Expended Balance Biennium to Date End of Biennium
675 Wastewater Fund
Taxes $ 3,447,921 $ 4,264,260 80,9% $ (816,339) $ 3,009,255 $ 3,972,266
Charges for Services -Rates 9,191,334 10,787,000 852% (1,595,666) 7,634,243 8,796,565
Charges for Services -Misc. Service fees 26,500 - N!A 26,500 26,500 26,500
System Development Charges 188,022 130,000 144,6% 58,022 173,239 193,560
Interest on Investments 85,352 30,000 284,5% 55,352 37,479 42,965
Miscellaneous 1,619 - NIA 1,619 6,037 6,037
Other Financing Sources 53,424 5,318,700 1.0% (5 265,276) - 114,043
Total Revenues and Other Sources 12,994,171 20,529,960 63.3% (7,535,789) 10,886,754 13,151,936
Public Works -Wastewater Collection 3,546,233 5,349,514 66.3% 1,803,281 3,366,164 3,854,489
Public Works -Wastewater Collection Debt 128,441 147,457 87.1°/° 19,016 131,358 151,071
Public Works -Wastewater Treatment 4,297,940 10,163,710 422% 5,885,770 4,307,776 4,980,940
Public Works-WastewaterTreatmentDebt 1,789,673 3,237,300 55.3% 1,447,627 1,833,655 3,253,029
Public Warks - Reimbursements SDC's 13,039 15,000 86.9% 1,961 15,219 20,331
Public Works - Improvements SDC's - 3,676,644 0.0% 3,676,644 82,005 87,507
Debt Service - - NIA - - -
Contingency - 192,000 0.0% 192,000 - -
Total Expenditures and Other Uses 9,775,326 22,801,625 42.9% 13,026,299 9,736,177 12,347,367
Excess(Deficiency) of Revenues and Other Sources
over Expenditures and Other Uses 3,218,845 (2,271,665) 241.7% 5,490,510 1,150,577 804,569
Fund Balance, Jul 1, 2015 5,095,343 4,464,697 114,1% 630,646 4,290,774 4,290,774
Fund Balance, Mar31, 2017 $ 8,314,188 $ 2,193,032 379,1% $ 6121,156 $ 5441,351 $ 5,095,343
Reconciliation of Fund Balance;
Restricted and Committed Funds 2,738,978
Unassigned Fund Balance $ 5,575,210
9. Mar FY17 Financial Report 16
411812017
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
March 31, 2017
Biennial Percent Biennial
To Date Actuals Budget Collected 2013-2015
(21 Months) 2015.2017 Expended Balance Biennium to Date End of Biennium
690 Electric Fund
Intergovernmental $ 464,937 $ 323,000 143.9% $ 141,937 $ 287,112 $ 335,700
Charges for Services -Rates 25,698,778 29,539,358 87,0% (3,840,580) 24,077,266 27,210,985
Charges for Services -Misc. Service Fees 425,174 453,686 93,7% (28,512) 248,894 278,280
Intereston Investments 18,056 14,715 122.7% 3,341 13,719 15,714
Miscellaneous 172,489 322,974 53,4% (150,485) 266,203 288,885
Total Revenues and Other Sources 26,779,434 30,653,733 87,4% (3,874,300) 24,893,195 28,129,564
Administration-Conservation 1,242,296 1,420,030 87.5% 177,734 1,130,866 1,387,220
Electric-Supply 12,141,736 14,051,887 86.4% 1,910,151 11,190,320 12,831,515
Electric-Distribution 11,423,243 14,041,211 81,4% 2,617,968 10,985,023 12,558,899
Electric-Transmission 1,566,772 1,925,945 81.4% 359,173 1,650,121 1,876,536
Debt Service 46,007 46,688 98,5% 681 46,821 47,771
Contingency - 279,000 0.0% 279,000 - -
Total Expenditures and Other Uses 26,420,054 31,764,761 83.2% 5,344,707 25,003,151 28,701,941
Excess(Def ciency) of Revenues and Other Sources
over Expenditures and Other Uses 359,379 (1,111,028) 132.3% 1,470,407 (109,956) (572,377)
Fund Balance, Jul 1, 2015 1,755,163 1,479,265 118.7% 275,898 2,327,540 2,327,540
Find Balance, Mar 31, 2017 $ 2,114,542 $ 368,237 574.2% $ 1746 305 $ 2 217,584 $ 1,755,163
Reconciliation of Fund Balance:
Restricted and Committed Funds -
UnassignedFund Balance $ 2,114,542
9. Mar FY17 Financial Report 17
4!1812017
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
March 31, 2017
Biennial Percent Biennial
To Date Actuals Budget Collected 2013-2015
(21 Months) 2015.2017 Expended Balance Biennium to Date End of Biennium
695 Telecommunications Fund
Charges for Services -Rates $ 3,572,353 $ 4,363,565 81,9% $ (791,212) $ 3,397,337 $ 3,889,563
Intereston Investments 3,285 1,943 169.1% 1,342 2,149 2,257
Miscellaneous 696 - N!A 696 4,750 4,750
Interfund Loan 315,544 400,000 78,9% (84,456) - -
Total Revenues and Other Sources 3,891,876 4,765,508 81,7% (873,630) 3,404,237 3,896,570
Personal Services 1,106,711 1,343,230 82.4% 236,519 1,146,809 1,299,335
Materials & Services 1,510,648 2,028,504 74.5% 517,856 1,546,920 1,764,465
Capital0utlay 218,480 250,000 87.4% 31,520 252,106 297,337
Debt - Transfer to Debt Service Fund 818,000 818,000 100.0% - 818,000 818,000
Contingency - 250,000 0.0% 250,000 - -
Total Expenditures and Other Uses 3,653,839 4,689,734 77,9% 1,035,896 3,763,835 4,179,137
Ezcess(Deficiency) of Revenues and Other Sources
over Expenditures and Other Uses 238,039 75,774 314.1 % 162,265 (359,598) (282,567)
Fund Balance, Jul 1, 2015 305,058 251,528 121,3% 53,530 587,625 587,625
Fund Balance, Mar 31, 2017 $ 543,097 $ 327,302 165,9% $ 215 795 $ 228 027 $ 305,058
Reconciliation of Fund Balance:
Restricted and Committed Funds -
Unassigned Funtl Balance $ 543,097
9. Mar FY17 Financial Report 18
4118!2017
i
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
March 31, 2017
Biennial Percent Biennial
To Date Actuals Budget Collected 2013-2015
(21 Months) 2015.2017 Expended Balance Biennium to Date End of Biennium
710 Central Service Fund
Taxes $ 161,904 $ 148,800 108.8% $ 13,104 $ 117,026 $ 144,476
Intergovernmental - - N(A - - -
Charges for Services -Internal 11,294,699 13,068,435 86.4% (1,773,736) 10,520,051 12,037,871
Charges for Services -Misc. Service Fees 567,179 572,330 99.1% (5,151) 323,605 365,186
Interest on Investments 15,118 10,000 151.2% 5,118 19,792 21,344
Miscellaneous 306,645 250,000 122.7% 56,645 191,256 219,539
Interfund Loan (Equipment Fund) - 400,000 0.0% 400,000 364,795 364,795
Transfer in (Insurance Fund) 417,000 417,000 100.0% - 90,000 90,000
Total Revenues and Other Sources 12,762,546 14,866,565 85,8% (1,304,019) 11,626,525 13,243,212
Administration Department 3,075,507 3,414,820 90,1% 339,313 2,444,021 2,797,218
Information Technology -Info Services Division 2,282,808 2,907,638 78,5% 624,830 2,055,680 2,396,771
Administrative Services Department 4,109,820 4,867,097 84.4% 757,277 3,393,540 3,866,706
City Recorder Division 863,862 992,590 87,0% 128,728 753,748 868,755
Public Works-Administration and Engineering 2,918,582 3,566,522 81,8% 647,940 2,853,943 3,266,434
Interfund Loan - - NIA - - -
Contingency - - #DIVIO! - - -
Total Expenditures and Other Uses 13,250,579 15,748,667 84.1% 2,498,088 11,500,932 13,195,884
Ezcess(Defciercy) of Revenues and Other Sources
over Expenditures and Other Uses (488,033) (882,102) 44.7% 394,069 125,593 47,327
~und Balance, Jul 1, 2015 900,608 898,651 100.2% 1,957 853,281 853,281
Fund Balance, Mar 31, 2017 $ 412,575 $ 16,549 2493,1 % ~ 396 026 $ 978 874 $ 900,608
Reconciliation of Fund Balance;
Restricted and Committed Funds 305,000
Unassigned Fund Balance $ 107,575
9. Mar FY17 Financial Report 9
411812017
i
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
March 31, 2017
Biennial Percent Biennial
To Date Actuals Budget Collected 2013-2015
(21 Months) 2015.2017 Expended Balance Biennium to Date End of Biennium
720 Insurance Service Fund
Charges for Services-Internal $ 1,311,077 $ 1,560,000 84,0% $ (248,923) $ 1,243,139 $ 1,480,865
Interest on Investments 15,680 13,000 120.6% 2,680 12,585 16,485
Miscellaneous 59,720 80,000 74.6% (20,280) 1,282,105 1,574,390
Total Revenues and Other Sources 1,386,477 1,653,000 83,9% (266,523) 2,537,829 3,071,740
Personal Services 175,570 204,960 85,7% 29,390 156,035 179,228
Materials and Services 1,441,460 1,814,790 79.4% 373,330 1,312,005 1,475,087
Transfer Out (Multiple 4 funds) 569,500 1,069,500 532°/° 500,000 - 500,000
Contingency - 390,000 0.0% 390,000 - -
Total Expenditures and Other Uses 2,186,530 3,479,250 62.8% 1,292,720 1,468,040 2,154,315
Ezcess(Defciency) of Revenues and Other Sources
over Ezpentlitures and Other Uses (800,054) (1,826,250) 56.2% 1,026,196 1,069,789 917,425
Fund Balance, Jul 1, 2015 1,766,283 1,962,888 90,0% (196,605) 848,858 848,858
Fund Balance, Mar 31, 2017 $ 966,229 $ 136,638 707.1% ~ 829591 $ 1918647 $ 1,766,283
Reconciliation of Fund Balance;
Restricted and Committed Funds 966,229
Unassigned Fund Balance $ 0
9. Mar FY17 Financial Report 20
411812011
i
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
March 31, 2017
Biennial Percent Biennial
To Date Actuals Budget Collected 2013-2015
(21 Months) 2015.2017 Expended Balance Biennium to Date End of Biennium
725 Health Benefits Fund
Charges for Services -Internal $ 8,700,031 $ 9,730,000 89,4% $ (1,029,969) $ 7,130,570 $ 8,15$,032
Intereston Investments 7,199 10,000 72,0% (2,801) 3,223 3,614
Miscellaneous 12,886 - NlA 12,886 211,195 211,795
Interfund Loan (Reserve Fund) 200,000 450,000 44,4% (250,000) 900,000 900,000
Transfer In (Insurance Fund) - 500,000 0.0% (500 000) - 500,000
Total Revenues and Other Sources 8,920,116 10,690,000 83.4% (1,769,884) 8,245,589 9,773,441
Materials and Services 8,747,019 9,830,000 89.0% 1,082,981 7,986,099 9,049,715
Interfund Loan 325,000 650,000 50,0% 325,000 250,000 250,000
Contingency - 250,000 0.0% 250,000 - -
Total Expenditures and Other Uses 9,072,019 10,730,000 84.5% 1,657,981 8,236,099 9,299,715
Ezcess(Def ciency) of Revenues and Other Sources
over Expenditures and Other Uses - (151,903) (40,000) 379.8% (111,903) 9,490 473,726
Fund Balance, Jul 1, 2015 473,726 73,370 645.7% 400,356 - -
Fund Balance, Mar 31, 2017 $ 321,823 $ 33,370 964.4% $ 288453 $ 9,490 $ 473,726
Reconciliation of Fund Balance:
Restricted and Committed Funds 321,823
Unassigned Fund Balance $ (0)
9. Mar FY17 Financial Report 2.~
411812011
i
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
March 31, 2017
Biennial Percent Biennial
To Date Actuals Budget Collected 2013-2015
(21 Months) 2015.2017 Expended Balance Biennium to Date End of Biennium
730 Equipment Fund
Charges for Services -Internal $ 3,420,077 $ 4,538,460 75,4% $ (1,118,383) $ 3,157,689 $ 3,606,929
Charges for Services -Misc. Service Fees 289,423 - NIA 289,423 36,321 44,919
Intereston Investments 43,624 35,000 124.6% 8,624 28,385 31,805
Miscellaneous 75,559 170,000 44.4% (94,441) 149,378 170,026
Interfund Loan (Airport & Water Fund) - 106,000 0.0% (106 000) 170,000 170,000
Total Revenues and Other Sources 3,828,683 4,849,460 79.0% (1,020,777) 3,541,774 4,023,679
Public Works -Maintenance 2,345,568 2,961,860 792% 616,292 1,849,461 2,084,345
Public Works -Purchasing and Acquisition 1,123,071 1,330,500 84,4% 207,429 2,339,860 2,359,891
Interfund Loan - 965,200 0.0% 965,200 - -
Contingency - 70,000 0.0% 70,000 - -
Total Expenditures and Other Uses 3,468,639 5,327,560 65.1% 1,858,921 4,189,321 4,444,236
Excess(Deficiency) of Revenues and Other Sources
over Expenditures and Other Uses 360,044 (478,100) 175.3% 838,144 (647,547) (420,557)
Fund Balance, Jul 1, 2015 2,937,106 2,446,794 120.0% 490,312 3,357,663 3,357,663
Fund Balance, Mar 31, 2017 $ 3,297,150 $ 1,968,694 167,5% $ 1328 456 $ 2 710116 $ 2,937,106
Reconciliation of Fund Balance;
Restricted and Committed Funds 3,297,150
Unassigned Fund Balance ~ -
9. Mar FY17 Financial Report 22
411812017
i
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
March 31, 2017
Biennial Percent Biennial
To Date Actuals Budget Collected 2013.2015
(21 Months) 2015.2017 Expended Balance Biennium to Date End of Biennium
731 Parks Equipment Fund
Charges for Services -Internal $ 455,000 $ - N(A $ 455,000 $ - $ -
Intereston Investments 1,519 - NIA 1,519 - -
Miscellaneous - - NIA - - -
Interfund Loan - 439,000 0.0% - - -
Transfer In (Park Fund) 80,000 80,000 100.0% - - -
Total Revenues and Other Sources 536,519 519,000 103.4% 456,519 - -
Capital Outlay 360,210 439,000 82.1 78,790 - -
InterfundLoan - 40,000 0.0% -
Total Expenditures and Other Uses 360,210 439,000 82.1% 78,790 - -
Excess(Defciency) of Revenues and Other Sources
over Expenditures and Other Uses 176,308 80,000 220.4% 96,308 - -
Fund Balance, Jul 1, 2015 - - 0.0% - -
Fund Balance, Mar 31, 2017 $ 176,308 $ 80,000 220.4% $ 96 308 $ - $ -
Reconciliation of Fund Balance;
Restricted and Committed Funds 176,308
Unassigned Fund Balance $ -
9. Mar FY17 Financial Report 23
411812017
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
March 31, 2017
Biennial Percent Biennial
To Date Actuals Budget Collected 2013.2015
(21 Months) 2015.2017 Expended Balance Biennium to Date Entl of Biennium
810 Cemetery Fund
Charges for Services -Rates $ 28,308 $ 50,000 56.6% $ (21,692) $ 42,474 $ 47,767
Interest on Investments 12,993 10,800 120,3% 2,193 8,022 9,139
Miscellaneous - - NIA - (145) (145)
Transfer In (General Fund) 1,000 1,000 100,0% - 1,000 1,000
Total Revenues and Other Sources 42,300 61,800 68.4% (19,500) 51,351 57,761
Transfers 12,993 10,800 120.3% (2,193) 8,022 9,139
Total Expenditures and Other Uses 12,993 10,800 120.3% (2,193) 8,022 9,139
Excess(Defciency) of Revenues and Other Sources
over Expenditures and Other Uses 29,308 51,000 57,5% (21,692) 43,329 48,622
Fund Balance, Jul 1, 2015 922,666 923,046 100,0% (380) 874,044 874,044
Fund Balance, Mar31, 2017 $ 951,974 $ 974,046 97,7% $ (22072) $ 917,373 $ 922,666
Reconciliation of Fund Balance;
Restricted and Committed Funds 951,974
Unassigned Fund Balance $ -
9. Mar FY17 Financial Report 24
411812017
i
it Business Meetin
Cou nc
. ~
Second Reading of an Ordinance Amending AMC 1.08.005E Updating
Title: ELEA Persistent Violations
From: Doug McGeary Asst. City Attorney
legalcontractor .ashland.or.us
Summ~_
This agenda item is the second reading of an ordinance to amend AMC 10.120.020, adding two
additional. violations to the Enhanced Law Enforcement Area (ELEA) of downtown Ashland. The
addition of these same ELEA violations are cross-referenced in AMC 1.08.005F(2) and were
inadvertently not updated in the Code Compliance Officers chapter in November 17, 2015. This
Ordinance will correct that oversight.
On April 28, 2017, council passed this ordinance at its first reading with no changes, moving it on
to its second reading as presented herein.
Actions, Options, or Potential Motions:
1. Approve second reading of an ordinance titled, "Ordinance Amending AMC Chapter 1.08
General Penalties, Section 1.08.OOSF(2) To Reflect Prior Amendment To AMC 10.120.020
Persistent Violation" as presented.
OR
2. Council could take no action.
Staff Recommendation:
Approve second reading of the proposed ordinance.
Resource Requirements:
N/A
Policies, Plans and Goals Supported:
• Public Safety (Council Goal)
23. Support innovative programs that protect the community
• ualit o~ f Life (Administrative Goal)
Provide, promote and enhance the security/safety, environmental health, and livability of the
community.
• Public Safety (Administrative Objective)
24. Increase safety and security city-wide
Background and Additional Information:
Council amended AMC Chapter 10, Section 10.120.020 on November 17, 2015, to address the
problems of persistent violations of law in the downtown area and persistent failure to appear in
court, by adding two new persistent violations. Upon codification of the aforesaid ordinance on
Pagelof2 CITY l7F
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i
Persistent Violation and Persistent Failure to Appear, an update of those same persistent violations
should have been cross-referenced in AMC Chapter 1.08 General Penalties. This ordinance will
provide that update.
Attachments:
Ordinance
Page 2 of 2 C I I Y O F
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ORDINANCE N0.
AN ORDINANCE AMENDING AMC CHAPTER 1.08 GENERAL
PENALTIES, SECTION 1.08.005F TO REFLECT PRIOR AMENDMENT
TO AMC 10.120.020 PERSISTENT VIOLATION
Annotated to show ,a°'and additions to the code sections being modified. Deletions are
bold ' and additions are bold underlined.
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, Council amended AMC Chapter 10, Section 10.120.020 on November 17, 2015 to
address the problems of persistent violations of law in the downtown area and persistent failure
to appear in court, by adding two persistent violation; and
WHEREAS, effectuating the new ordinance on Persistent Violation and Persistent Failure to
Appear, requires across-reference update of those persistent violations in AMC Chapter 1.08.
THE PEVPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 1.08 General Penalties of the Ashland Municipal Code is hereby
amended to read as follows:
1.08.005 Code Compliance Officers
F. Default I Criminal Charges I Warrantl Presumptive Arrest
(1) Failure to appear on a violation citation may result in a default judgment,
criminal prosecution for failure to appear [See ORS 153.992, ORS 133.076], a
Court order to show cause for Contempt, as well as issuance of an arrest warrant.
(2) Notwithstanding F(1) above, court appearance is mandatory for the following
violations occurring within an Enhanced Law Enforcement Area as provided in
AMC 10.120.020:
a. AMC 9.08.11 o--Scattering Rubbish;
b. AMC 9.08.170--Unnecessary noise;
c. AMC 9.16.010--Dogs-Control Required;
d. AMC 10.40.030--Consumption of Alcohol in Public; e~
e. AMC 10.40.040--Open Container of Alcohol in Public;
f. AMC 9.16.015 - Doi License Required; or
Ordinance No. Page 1 of 2
I
ORS 475B.280 -Use of marijuana in public place prohibited.
SECTION 2. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence
at the time any criminal or civil enforcement actions were commenced, shall remain valid and in
full force and effect for purposes of all cases filed or commenced during the times said
ordinances(s) or portions thereof were operative. This section simply clarifies the existing
situation that nothing in this Ordinance affects the validity of prosecutions commenced and
continued under the laws in effect at the time the matters were originally filed.
SECTION 3. 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 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" maybe changed to "code", "article", "section", "chapter" or another
word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 2-4) need not be codified and
the City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of , 2017,
and duly PASSED and ADOPTED this day of , 2017.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this day of , 2017.
John Stromberg, Mayor
Reviewed as to form:
David H. Lohman, City Attorney
Ordinance No. Page 2 of 2
i
n it Business Meetin
Cou c
. ~
Title: Second Reading of an Ordinance re Water Connections Outside City
Limits
From: Doug McGeary Asst. City Attorney
legalcontractor@ashland.or.us
Summar
This agenda item is the second reading of an ordinance regarding the City's water supply and
water conservation ever-present concerns. AMC 14.04.060 has been routinely interpreted to
have addressed these concerns by prohibiting premises outside the City from connecting to the
City water system, with a few clearly-defined exceptions. The amendment to AMC 14.04.060
proposed in this agenda item is intended to unambiguously confirm that routine interpretation.
At its first: reading on April 18, 2017, a typographical error was noted in the ordinance and is
corrected in Section 1. 14.04.060B.3.i. changing the word "direction" to "discretion" and passed
first reading without any other changes.
Actions, options, or Potential Motions:
1. Approve second reading of an Ordinance titled, "An Ordinance Amending AMC 14.04.060
Water Connections Outside the City Limits" (with the correction of one word in
Section 1. 14.04.060B. 3. i. "direction" to "discretion "J as presented.
2. Council could take no action.
Staff Recommendation:
Approve second reading of the proposed Ordinance as presented.
Resource Requirements:
N/A
Policies, Plans and Goals Supported:
N/A
Background and Additional Information:
AMC 14.04.060A currently says, "no premises located outside the City of Ashland maybe
connected to the city water system except as provided herein". To avoid possible
misinterpretation ofthe word connected in this limitation, staff proposes amending the provision
to make clear that usin water from the City water system on premises outside the City -
whetherthe water is obtained by direct connection or otherwise - is disallowed except upon
Council approval, in the narrow circumstances already set forth in AMC 14.04.060B and C.
Pagelof2 CITY OF
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s
This proposed amendment does not change City policy as it apparently has been interpreted ever
since the enactment of AMC 14.04.060. The amendment simply clarifies and confirms that
interpretation. Past enforcement of this provision may have been sporadic as a result of
necessarily being complaint-driven, but enforcement that has occurred has been consistent with
that broad interpretation.
An additional change in language in AMC 14.04.060C is intended to clarify that all of the
requirements in subsections B.3 and C.l -4 must be met before Council can approve use of water
on premises outside the City, except in the case of connections authorized by the Council for City
or other governmental facilities or those authorized prior to June 18,1997.
Lastly, the proposed amendment modifies existing AMC 14.04.060E to make clear that violation
of Chapter 14.04 could result in restriction or termination of service, in addition to a fine of up to
$325 per day for individual and $500 per day for a business entity. The current provision makes
$500 per day the maximum penalty for violation.
After passing a version of the proposed ordinance on First Reading at its November 15, 2016
meeting, Council decided to table the proposed Second Reading until it could explore the issues
involved at a study session. At its March 6.2017, Study Session, the Council gathered additional
information and directed staff to clarify the proposed ordinance with respect to the Council's
discretion, and bring a new version to Council at a future meeting.
Attachments:
Proposed Ordinance
Page 2 of 2 C I? Y ~ F
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ORDINANCE N0.
AN ORDINANCE AMENDING AMC 14.04.060
WATER CONNECTIONS OUTSIDE THE CITY LIMITS
Annotated to show ~~.°+~and additions to the code sections being modified. Deletions are
bold ' and additions are bold underlined.
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, water provided through the city water system is a precious, limited resource;
WHEREAS, transporting and treating water delivered through the city water system are services
provided for the benefit of premises within the City of Ashland;
WHEREAS, the current Chapter 14.04.060 of the Ashland Municipal Code evidently is
intended to preclude the use of water from the city water system on premises located outside the
City of Ashland except under clearly specified conditions; and
WHEREAS, the addition of clarifying language in Chapter 14.04.060 to set forth more
explicitly the limitation on using water from the city water system on premises located outside
the city would be beneficial for purposes of public understanding and enforcement.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Ashland Municipal Code 14.04.060 Water Connections Outside City the Limits is
amended to read as follows:
14.04.060 Water Connections Outside the C~ Limits
A. Except as provided herein, ono premises located outside the City of Ashland maybe
connected to the city water system °°^°r+ °r ~r°177°a "°rci i or make use of water obtained
through a direct or indirect connection to the city water system.
B. Premises outside the city maybe connected to the city water system only as follows:
Ordinance No. Page 1 of 3
1. Connections authorized by the council prior to June 18, 1997.
2. Connections authorized by the council for city or other governmental facilities.
3. Connections authorized by resolution of the council where the council finds:
i. The connection is determined, at the Council's ~-ectinn discretion, to be in the
best interest of the City of Ashland and to not be detrimental to the City's water
facilities or resources.
11. The applicant secures, in writing, a statement from the Environmental Health
Division, Health Department, Jackson County, Oregon, that the existing water system
f:or the premises has failed.
111. The failed water system cannot feasibly be repaired or improved and there is no
other feasible source of water for the premises.
iv. An Ashland water main or line exists within 100 feet of the premises.
v. The connection is to premises within the city's urban growth boundary.
C. Connections authorized under subjection B.3. above shall be made only after all the
criteria in subsection B.3. and the following conditions have been met:
1. The applicant for water service pays the water connection fee for connections outside the
city and the systems development charges established by the City.
2. Irl the event dwellings or buildings connected to the water system are subsequently
replaced for any reason, then the replacement building or dwelling may continue to be
connected to the water system of the City as long as the use of the water system will not be
increased as determined by the Director of Public Works.
3. The applicant furnish to the City a consent to the annexation of the premises and a deed
restriction preventing the partitioning or subdivision of the land prior to annexation to the
City, signed by the owners of record and notarized so that it may be recorded by the City
and binding on future owners of the premises. The cost of recording the deed restriction
shall be paid by the property owner.
4. The property owner shall execute a contract with the City of Ashland which provides
for: payment of all charges connected with the provision of water service to the property;
compliance with all ordinances of the city related to water service and use; termination of
service for failure to comply with such ordinances and that failure to pay for charges when
due shall automatically become a lien upon the property. A memorandum of the contract
shall be recorded in the county deed records with the cost of recording to be paid by the
property owner.
D. The requirements of this Section are in addition to, and not in lieu of, land use approvals and
authorizations necessary for extra-territorial extension of water service required by Oregon law.
E. ~
r~+~, ,r ~~rr ~ ,nQ, Any person who violates any provision of this Chapter shall be
punished as set forth in Section 1.08.020 of the Ashland Municipal Code, in addition to
other legal and equitable remedies available to the City of Ashland, including restriction or
termination of service.
Ordinance No. Page 2 of 3
I
SECTION 2. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence
at the time any criminal or civil enforcement actions were commenced, shall remain valid and in
full force and effect for purposes of all cases filed or commenced during the times said
ordinances or portions thereof were operative. This section simply clarifies the existing situation
that nothing in this Ordinance affects the validity of prosecutions commenced and continued
under the laws in effect at the time the matters were originally filed.
SECTION 3. 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 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code,
and the word "ordinance" maybe 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 (r. e., Sections 2-4] need not be codified, and the City
Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of , 2017,
and duly PASSED and ADOPTED this day of , 2017.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this day of , 2017.
John Stromberg, Mayor
Reviewed as to form:
David H. Lohman, City Attorney
Ordinance No. Page 3 of 3