HomeMy WebLinkAbout2004-1116 Council Mtg Packet
Council Meeting Pkt.
BARBARA CHRISTENSEN
CITY RECORDER
CITY OF
,ASHLAND
im
Important: Any citizenatt~ndihg council meetings may speak on .anyitemon theagenda'i.unlessit is the
sUbject of a public hearing which has been closed. The Public Forum is the timeta speak on any subject
nat on the printed agenda. If you wish to $peak, please fill out the Speaker Request form located near
the entrance. to the CouncUChambers. The chair will recognize you and inform you .asto the amount
, of time allotted to you. The time granted will be dependent to some extent on the nature ofthe item under
discussion, the number of people who wish to be heard, and the length of the agenda.
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
November 16, 2004, 7:00 p.m.
Civic Center Council Chambers, 1175 E. Main Street
I. PLEDGE OF ALLEGIANCE:
II. ROLL CALL:
III. APPROVAL OF MINUTES: Regular Council Meeting Minutes of November 2, and Executive
Meeting Minutes of November 2, 2004.
IV. SPECIAL PRESENTATIONS & AWARDS:
1. Announcement of Award of "EI Pipila de Plata" to Senora Chela Kocks.
2. Presentation of Tree of the Year.
3. Mayor's Proclamation of the month of November as National Alz.heimer's Disease Month.
4. Charter Review Committee Update to Council.
V. CONSENT AGENDA:
1. Minutes of Boards, Commissions and Committees.
VI. PUBLIC HEARINGS: (Testimony limited to 5 minutes per speaker, unless it is the subject of a
Land Use Appeal. All hearings must conclude by 9:30 p.m. or be continued to a subsequent
meeting.)
1. Public Hearing on the Modification of Prior Year CDBG Action Plans and Reprogramming of
Program Income.
VII. PUBLIC FORUM: Business from the audience not included on the agenda. (Total time allowed for
Public Forum is 15 minutes. Speakers are limited to 5 minutes or less, depending on the number
of individuals wishing to speak.)
VIII. UNFINISHED BUSINESS:
(None)
IX. NEW AND MISCELLANEOUS BUSINESS:
1 . Approval of a Land Partition Plat and Creation of a Deed Restriction in Preparation of the Sale
of City Owned Property at Strawberry Lane and Westwood Street.
2. Ashland Fiber Network Quarterly Report.
3. Acceptance of Audit Committee Report and the June 30,2004 Comprehensive Annual
Financial Report.
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X. ORDINANCES, RESOLUTIONS AND CONTRACTS:
1. First reading by title only of "An Ordinance Amending the Ashland Municipal Code, Land Use
Ordinance, Regarding Minimum Densities in Multi Family Zoning Districts."
2. Second reading by title only of "An Ordinance Vacating a Public Alley between Oregon Street
and Madrone Street."
XI. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS:
1. Proposed resolution from Councilor Don Laws regarding Veterans' Day Flags.
XII. ADJOURNMENT:
REMINDER
A study session will be held at noon on Wednesday,
November 17 in Council Chambers. Topics of
discussion will include: 1) Topics for Issue Paper-
Croman Property Masterplan; and, 2) Measure 37
Implementation.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the City Administrator's office at (541) 488-6002 (ITY phone number 1-800-735-
2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I).
CO! [NCII. iVn':E'rINClS /\RE F3ROADCAST' L.IV\:: ON CIIANNEL \)
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MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
November 2, 2004
Civic Center Council Chambers, 1175 E. Main Street
PLEDGE OF ALLEGIANCE
Council Chair Cate Hartzell called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Laws, Amarotico, Jackson, Morrison and Hearn were present. Mayor DeBoer was absent.
APPROVAL OF MINUTES
The minutes of the Regular Council Meeting of October 19, 2004 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS
Mayor's Proclamation of the week ofN ovember 13 - 20, 2004 as Recycling Awareness Week was read aloud.
CONSENT AGENDA
1. Minutes of Boards, Commissions and Committees.
Councilor Jackson/Amarotico m/s to approve the Consent Agenda. Voilce Vote: all AYES. Motion
passed.
PUBLIC HEARINGS
1. Public Hearing on an Amendment to the Land Use Ordinance Providing for the Establishment of
Minimum Densities within the R-2 and R-3 Multi-family Zones.
Housing Program Specialist Brandon Goldman explained that the proposed changes to the R-2 and R-3 zoning
ordinances would establish a rninimum density of 80% of the existing base densities within the multi-family
zones. He noted the dates of the meetings and public hearings held by the Housing and Planning Commissions
regarding this issue and stated that both Commissions recommended that the Council approve of the ordinance
changes. It was noted that the Housing Commission suggested several exceptions to the ordinance, which are
included in the Council Packet. Mr. Goldman clarified that the proposed ordinance change would help to
ensure that Ashland's multi-family zoned lands are developed in accordance with the intended density set
forth in Ashland's Comprehensive Plan. Staff recommended that the Council accept the Housing and Planning
Commission's recommendation and approve of the ordinance change.
A brief history on the inventory of multi-family zoned lands was made, and it was noted that as time has
progressed this land has been consumed. Community Development Director John McLaughlin noted that
Staffwas looking into the North Normal area to increase densities that would accommodate additional multi-
family zoned lands to satisfy the City's inventory needs.
Mr. Goldman clarified that Exception #3 would apply when half of a property is occupied by a conditional use
within the zone (travel accommodations or a church for example) and the other portion is otherwise readily
developable. Because there would be an existing impact of that higher intensity use on one portion, it might be
appropriate to reduce the number of units built on the other half of the property.
A typographical error was pointed out on page G2 of the Council Memo; under 1-10 it should read
18.28.020A, not 18.20.020A.
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It was noted that this proposal would only affect properties over 10,000 sq. ft. in size and located outside ofthe
lIistoric l)istricts.
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Mr. Goldman clarified that if a structure was voluntarily removed by the property owner, and the property was
over 10,000 sq. ft. in size, than it would be subject to the provisions in the proposed ordinance and the property
owner would have to show how future units could be added to the site. lIowever, if a structure was
involuntarily destroyed (due to a fire, for example), Exception E would allow that the house could be replaced
without meeting the minimum density standard.
Public Hearing Open: 7:35 p.m.
Barbara Vasquez/885 PalmerN oiced concern regarding the proposed ordinance change. Ms. Vasquez
stated the amendments were based on the minimum density standards adopted by several other Oregon cities
and noted how Ashland was different. Ms. Vasquez stated that the ordinance amendment was not needed and
listed several examples explaining what the City has already done to accommodate the housing needs. Ms.
Vasquez asked the Council to conduct a lIousing Type Analysis prior to making any changes to the ordinance
and suggested that the City issue a bond for affordable housing.
Phil Hutchings/2408 Siskiyou/Stated that he owned property that would be affected by the proposed changes
and voiced his opposition. Mr. lIutchings stated that the ordinance change would reduce the options for what
he would like to do with his property and stated that it could possibly devalue his land.
Brent Thompson/582 Allison St/Spoke regarding a previous ordinance change that reduced the maximum
height of a building from 35' to 30'. Mr. Thompson also noted the Open Space Program and suggested that
the City look into other options to ensure that they have open areas around the structures that could potentially
be built.
Public Hearing Closed 7:48 p.m.
Mr. McLaughlin clarified that the height limit was reduced by the Maximum lIouse Size Ordinance, and it did
not apply to structures built outside of the lIistoric l)istricts. Mr. Goldman added that there are already
requirements in the Site l)esign and Use Standards that regulate open space, orientation of building and break-
up of mass.
Mr. McLaughlin stated that the proposed ordinance amendment would not guarantee affordable housing
units, however it would preclude a far less affordable housing development. lIe added that there are many
areas in the City that could accommodate single-family detached homes at a higher cost, however in the R-2
and R-3 zones, Staff is looking at higher densities and hopefully lower costs.
Councilor Morrison/Laws m/s to direct Staff to bring back the proposed ordinance changes, including
the modifications to the exception standards "C" and "X" as presented by the Planning Commission,
for first reading. Voice Vote: all AYES. Motion passed.
PUBLIC FORUM
Art Bullock/791 GlendowerlSubmitted a written statement into the record regarding false claims that were
reported in the newspaper and the Nevada LIl). Statement was added to the Council Agenda Packet for
reference.
Brent Thompson/582 Allison St/Spoke regarding his hardship that has been created by the City's Sign Code.
Mr. Thompson stated that he constructed a building that accommodates several businesses and that each one
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has their own entrance on different sides of the building. However, because of the sign provision contained in
the Ashland Municipal Code, only 2 of the businesses can display a sign. rvir. Thompson asked that the
Council direct the Planning Commission to perform a re-write of this section of the Code and asked that the
Planning Commission be given some latitude to address this issue.
Council requested further information and asked that this issue be placed on a future Council Agenda.
UNFINISHED BUSINESS (None)
NEW AND MISCELLANEOUS BUSINESS
1. Quarterly Financial Report: July - September, 2004.
Finance Director Lee Tuneberg presented the Quarterly Report for the first quarter of Fiscal Year 2004/2005.
Mr. Tuneberg pointed out that during the year there would need to be adjustments made. At this time, Staff is
anticipating that they will have to make adjustments to the Telecommunications and Airport Funds. Mr.
Tuneberg noted that the City has $23 Million in Cash Investments, which is approximately $1 Million more
than the previous years, and that this was directly related to the refinancing of the AFN internal debt. Mr.
Tuneberg also noted that the City's total resources is $34.5 Million.
Councilor Hearn/ Amarotico m/s to accept the Quarterly Report as presented. Voice Vote: all AYES.
Motion passed.
ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Reading by title only of "A Resolution of the City of Ashland Annexing a Contiguous Area to the
City of Ashland, Oregon, and Providing for an Effective Date (Ely Schiess and Krista Johnson
Annexation, 3151 East Main Street).
Community Development Director John McLaughlin stated that the ordinance portion of the annexation
process had already been completed and that the applicant had submitted the required documentation. He
added that adopting the proposed resolution was one of the final steps in completing the annexation into the
City.
Mr. McLaughlin clarified that an engineer was hired and went through FElIJA to determine the accurate
floodplain for this area. It was determined that the area to be annexed was far beyond the floodplain area
identified.
Councilor Laws/Hearn m/s to approve Resolution #2004-36. Roll Call V oh~: Laws, Amarotico, Hartzell,
Morrison, Jackson and Hearn, YES. Motion passed.
2. Reading by title only of "A Resolution Setting the Time and Place for a Public Hearing on the
Withdrawal of Certain Real Property from Jackson County Fire District No.5; and Directing
Publication of Notice as Required by ORS 222.524 (Ely Schiess and Krista Johnson, 3151 East Main
Street).
Councilor Morrison/Jackson m/s to approve Resolution #2004-37. Roll Call Vote: Morrison, Jackson,
Hearn, Laws, Hartzell and Amarotico, YES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS
1. Request of Council Hartzell to discuss Billings Ranch Golf Course.
City Administrator Gino Grimaldi stated that this issue had been previously discussed by the Council on
several occasions and noted that Staff had asked the County several times to inform the City regarding their
procedures for dealing with the golf course. Mr. Grimaldi explained that the developer of the golf course
would like to use a portion of the greenway land that is currently controlled by the County. At one point, the
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City was told that this would require an amendment to the Greenway Plan, but more recently the Jackson
County Planning Department has revised that opinion.
Community Development Director John McLaughlin stated that the Jackson County Board of Commissioners
would be meeting on Thursday, November 4, 2004 to further discuss this topic. Until that time, there is no
new information to report. Mr. McLaughlin explained that Jackson County has determined that they never
formally adopted the zoning overlay that would have implemented the Greenway Master Plan. The County is
now looking for direction from the Board of Commissioners to determine if they should move forward with
amending the Plan to make it consistent with the uses that have been previously discussed or whether they
should enter into some sort of application that would allow for the Billings Group to use the greenway land.
City Attorney Mike Franell stated he wanted to further analyze Jackson County's options of either
implementing the EFU Standards or the Greenway Standards, and whether it would make a difference one
way or the other. Mr. Franell briefly explained how granting a Conditional Use for each set of standards
would vary and stated that he believed that the County would have a difficult time granting the Conditional
Use if the Greenway Standards applied.
Council discussed their interest in this project and made several suggestions, including:
· Ask that a representative from the Billings Development come to the Council and explain their position,
· Determine how the wildlife in the area will be affected by the different alternatives,
· Keep themselves informed of the golf course and formulate the City's position on where they stand on the
Issue,
· Have the City Attorney attend the Jackson County Board of Commissioner' s ~v1eeting on November 4t\ and
· Ask the County to hold a Public Hearing and provide the at least one weeks notice so that the City could
participate.
Mr. McLaughlin noted that because there is no active land use action at this time, the Jackson County
Planning Department does not have any formal noticing procedures.
Mr. Franell stated that one option that the City could take was to request that Jackson County treat the issue of
whether the Greenway Master Plan applied as a land use decision and request a Public Hearing.
Suggestion was made for the City not to take a stand on what process the County should use.
Additional suggestion was made that Staff should prepare a written document that states that the City of
Ashland would like participate in the process and would like to be noticed appropriately.
ADJOURNMENT
Meeting was adjourned at 9:04 p.m.
Barbara Christensen, City Recorder
Alan DeBoer, Mayor
~
~
Office of the Mayor
Alan W DeBoer
MEMORANDUM
DATE:
November 9,2004
FROM:
City Council Members
Mayor Alan DeBoer@>
TO:
RE:
Award of "EI Pipila de Plata" to Senora Chela Kocks
City Council Meeting - November 16, 2004
The award of "EI Pipila de Plata", was recently bestowed upon Senora Chela KOGks for
her role as the founder of the academic and cultural exchange between the cities of
Guanajuato, our sister city, and Ashland.
Senora Chela traveled to Guanajuato to receive her award which is given every year to a
Guanajuato citizen who the city deems has performed "friendship and service" to and for
the City of Guanajuato. The executive committee of the Lions of Marfil (a district of the
City of Guanajuato), with the approval of the Mayor, the City CounGiI and the Governor,
elect a person who has for many years has proven him or herself a faithful friend of
Guanajuato through their service.
The sculpture is new every year, but it is always of Pipila, Guanajuato's greatest hero,
and one of Mexico's five top heroes. Pipila lived during the IndepE!ndence, in 1810. He
put a huge slab of stone on his back so that the Spanish soldiers' bullets could not harm
him, and through his perseverance and fortitude, he finally succeeded with a torch in his
hand in setting fire to the door of the Alhondiga, where the Spanish took refuge. An
enormous statue of Pipila looms over the City of Guanajuato.
We would like to offer our congratulations to Senora Chela Kocks for this extremely
prestigious award.
Attached: Excerpts of translations from speeches and newspaper while Senora Chela
was in Guanajuato receiving her award.
City of Ashland. 20 East Main Street · Ashland. OR 97520 · (541) 488-6002 · Fax: (54'1) 488-5311 · Email: awdb@aol.com
Excerpts from speeches and newspaper article translations:
September 28, 2004 at the 'Meson of San Antonio, Guanajuato, Mexico (Ashland's sister
city)
Speeches:
Guanaiuato Mayor Amulfo Vasquez:
<<La Senora Chela, " as we affectionately call her, is an admirable woman. She is a fi~untain of
constant inspiration, and a living example of giving and passion.
Her inexhaustible spirit has helped her to aspire to many accomplishments throughout her life;
personal, academic and international that has in turn had a positive effect on thousands of
persons on whom she has dispensed her generous friendship.
Her work has not been easy, but she should be proud of the results, because in each success that
she has had, she has, in turn, touched the hearts of many persons. She has directly and indirectly
affected the lives of many people in Mexico and the Us. For that reason we think her heart is
doubled for giving to so many with that affection that she has inside of her. "
Governor Juan Carlos Romero Hicks:
<<Senora Chela has been a visionary who always has known that it is in relations of friendship
and cultural diversity that through these, open and tolerant communities are forged. This is how
the spirit of a person is enriched which in turn enriches a community and in this instance two
communities that are very specially united.
She is the voice, the spirit and the soul which one always wishes to have at one's side. These
qualities come from an unending fountain of giving and caring and understanding of others.
The Pepila de Plata represents valor and a sense of duty and the capacity to fulfill it., Today we
honor her with this homage to recognize her academic vision, and her social contribution. It
represents a testimony of thankfulness for the work of a lifetime for a program that is written in
our hearts, the Amistad Program.
There is no doubt that through her presence and her love and friendship, our two universities
and our two cities are the better for it. Thank you, Senora Chela, for the gift of your life and
congratulations for this so merited acknowledgment that today the Lions Club has presented to
you. We all unite ourselves profoundly to this acknowledgment. "
Lions Club:
<<The world speaks of peace, of sharing, when they speak of globalization, or when they mention
that 'the world is a village.' These are abstracts and ideals that are indeed worthy. But
Guanajuato and Ashland have demonstrated that the abstract can take form and they should be
proud of that. Both Ashland and Guanajuato have participated in a special Odyssey and besides
having brought out the best of their reciprocal counterparts in the exchange of sister cities
'People to People' program, our cities have succeeded in creating a sum of all of its parts. This
total has become a living entity and shows itself in the form of constant activity, creativity, and
more than anything, love. F'or institutions and programs, and cities are after all, things, but the
spirit that drives these public and intimate exchanges is something bigger than life. It is what the
world craves when it talks of mutual understanding and thejoining of diverse cultures. We have
it, we love it, we live it. We are Guanajuato and Ashland. "
Senora Chela:
HIt has been both a pleasure and a passion to be a part of a multi-thousand people-to-people
exchange and participation in the past 36 years or so. This vision that turned into a reality with
the help of many hearts and hands, has affected all levels of citizenry that includes academia,
city officials, dentists, doctors, firemen, Chamber of Commerce and of course the Queen
representatives from both cities. I know that the Lions Club is awarding me today, but many in
Ashland and in this audience here today in Guanajuato feel that they too have been recipients.
Recipients of something that is bigger than one person, and I accept this award in your name. It
has been an honor to walk down this international road with all of you, my peers and colleagues,
and friends. "
Newspaper Articles:
"Chopper" - "'Her untiring service and love for the people of Guanajuato has transcended
borders. She is now an adopted Guanajuato citizen."
"Correo" - "Presented to Chela Tapp Kocks for her role as the founder of the academic and
cultural exchange between Ciuanajuato and Ashland. For her enthusiastic promotion of student,
professor and administrative exchanges, and the sister-city relationship between the two cities
which involves all levels of citizenry."
"a.m." - "No"r, for the first time, this prestigious award, El Pepila de Plata has been globalized
and has crossed the borders of our country on the person of Chela T. Kocks, and we are
convinced that: she has fulfilled and will continue to fulfill the legacy of Pepila which means that
'there remains other Alhondigas to fire up with her love and enthusiasm. ",
DISTINGUISHED
AWARDS IN THE
University of Guanajuato
Award of Distinguished Professor. Academic
Award for Contribution to the Professional
"PIPILA DE PLATA"
Development of University Students of
Guanajuato University and Southern Oregon
University.
.
TO
I{ocks
Senora Chela
Language
Award for Universi
.
Professor of the Year.
P.N.C.F.L. Pacific Northwest Confederation of
Foreign Language Regional
Award for Distinguished Service in the
Academic International Community.
A.C.T.F.L. American Confederation of
.
Culture
C.O.F.L.T. Award for Recognition of Lifetime
Service in International and Cultural
Endeavors.
ished
Soroptomists h1ternational Distin
Woman Award
Academic Activities
1966-1997
Professor of Language and culture at SOU.
Prepared and oriented participating Amistad Pro-
gram students 1969-1997.
Organized parallel and coordinating Amistad Pro-
gram events, such as celebrations of anniversaries,
official academic, cultural and artistic university ac-
tivities 1996-2004.
Named Professor Emeritus by the University of
Guanajuato, and Southern Oregon University.
Continues tutoring both exchange students and
professors. 1999~2004
Helps wid1 the orientation of }}.shland High stu~
dents going to Guanajuato, and with the Guanajuato
Preparatoria students studying at Ashland High.
PAST 10 YEARS
.
Chela Tapp
City of Guanajuato
Award for Distinguished Woman
C.O.F.T.L. Confederation of Foreign
.
Foreign Language Teacher
National Award for Creatin
.
.
The Figure of Friendship
Ashland-Guanajuato
Southern Oregon University
The President Elmo Award for Outstandin
Service to The Communi and the
.
.
Guanajuato, Mexico
October 28,2004
City 0 f
International
Academic and Cultural
University.
Guanajuato University
Amistad Award for Promotin
Professional
Excellence.
.
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<:ITY OF
ASHLAND
Council Communication
Tree of the Year - 2004
Meeting Date: November 16, 2004
Department: Community Dev~l ment
Contributing Departments:
Approval: Gino Grimaldi
Primary Staff Contact: Maria Harris, Senior ,4/l, 54-.
Planner, 552-2045 harrlsm@ashland.or.us
Secondary Staff Contact: John McLaughlin, ~
Director of Community Development, 552-2~
mac@ashland.or.us
Statement:
The Tree Commission is pleased to announce the 2004 Tree of the Year - the Mont(~rey Cypress
- Cupressus macrocarpa -located at the comer of Scenic and Wimer at the Pedigriflt Inn, 407
Scenic Drive. This giant Cypress is a native to the Monterey peninsula in California and grows
into one of the largest of all cypresses. The common fonn of these eV1ergreen trees is often flat
topped and horizontally branched producing a rather spiky outline wh~~n planted in the open.
The presence of this tree on the comer of Wimer and Scenic creates an incredible backdrop for
the neighborhood.
Background:
This year marks Ashland's seventeenth Tree of the Year contest. In early October, residents
identified 25 trees for consideration, and the Ashland Tree Commission narrowed the field down
to five nominees. Residents voted late in October choosing from the finalists. The attached
ballot was published in the Ashland Daily Tidings, posted on the City's web site, and available at
City Hall and the Community Development and Public Works Building.
Beginning in 2003, the Tree Commission shifted the Tree of the Year contest to the fall rather
than in the spring. The purpose was twofold. First, the Tree Commission wanted to recognize
trees in fall splendor. The second objective was to space publicity efforts throughout the year so
that Tree of the Year is the focus of the fall and Arbor Week is the fo(;us of the spring. The Tree
Commission will dedicate a plaque at the site honoring the tree next spring during annual Arbor
week events.
Previous Tree of the Year Winners
2003 Pecan Tree
2002 Deodar Cedars
2001 Blue Atlas Cedar
2000 Ginkgo
1999 Osage Orange
762 & 774 B Strc~et
Safeway
391 Liberty
Ashland Public Library
Helman and Orange
1
r~'
1998 Coast Redwood 801 Ashland
1997 American Elm 6th & B S
1996 Colorado Spruce N. Main at Maple
1995 Black Oak 128 South Laurel
1994 Sequoia SOU Library
1993 Walnut Glenwood Park
1992 California Black Oak 133 Nutley
1991 Interior Oak Beach and Ashland
1990 Monkey Puzzle Tree 1 Hillcrest
1989 Tree of Heaven at the entrance to Lithia Park on the Plaza
Council Options:
Staff recommends the announcement of the 2004 Tree of the Year winner at the November 16,
2004 City Council meeting.
Attachments:
Tree of the YI~ar 2004 ballot
2
r-----------------------,
B~LLOTfor
~~HL~ND/~ F~VORITE
TREE OF.TH~iyE~R1004
This year marks Ashland's se~{'1!~nth F~yc>riteTreeof .th.~ y~~rcooteslln selecting
Ashland's Favorite Tree of the'Vear forgP()4 W~ ha~Jheopportunity to pause and
reflect on all of Ashland's IoveIyK~~.~~ ~~many w,ay$ theyePhance our lives.
The nomineQs forthis)'~ar's;Favorite Tree of the Year are:
o ~merieAo L1..aeoo~8AsSW"pfl.. TiU,.~'neA..~.f't81; OAk Stn.'t
Although this~~tyJsP9rom9o.tI].fC?1I.9hout..ttle~~ternstat~s,this magni1icent specimen
is perhaps the on1Y~I)~RtitS ki!1<'fp~l]!and.;1t 'fs over aQ-years-"4:>ld 8I}d has received
expert cat"ein rece"tyeai'$.eecause. oftfiatit,provid~ a great dea,1 of shade and has a
beaytiful Yfint~r~Uh9.lIett~~~~was once tOUted as a good tree for the city land-
scapes9u~.;~91tS;'9~eranpeot.urb~.FOhdi~9OS. Today, however, mc.ste,werts agree that
its largesiz;~<~~~ttUI.;.~""!!edfQLsm~lercity lOts. 'Ashland is lucky .tonave suCh a fine
example ottheAtnericanUQden. .... ... '.
o COAst~IR~4~ec;A ~ S"'U~iA f'...I'!~veOSAt qr~Q,it.,.... Pflum
This ~.dosterOf ENe~~hi9h1ight<<t. ~a gl"OllP of.CoastaI Redwood trees, Sequoia
sempervivens.~~repreSEQ;~ rempa,ilt ofai;)9ut2 million acres.. of virgin Redwood for-
est ~. once.sprea9500 .miles frorri~ ~iforniito' Oregon ~regions.Today about 3%
of the origi~ breSt remains, given ~t ~ic ~arid settins;lslike this one.
o EAsteroWhite()Ak -c:l~e~~lpt'1flAgA AtC A.... FOII&"th
This large, healthy whit~e>ak,io-"WithJts dl@.~l$igracefulpranches and extensive canlopy
_ is drought resis~nt ,aodagodto1erant ~twOcharaCterist.ics have helped it survive
in Ashland's urbanl~scape and explaia'!A1ysom~.ea!<$may JivEI ?OO years or lon!~er.
This shapely, weU-pruned ~reebrings st)~dEtaQqnUni~rous'otherben~frts to the neighbor-
hood's human residents and also provide~jrnpprtant habitat and food source for our squir-
rel, bird and animal populations.
o Mooterefl Cflpress -C':!pft5".f:'5mAet'O~ArpA At 407 ';eeoie
This giantCyp. ressis it natiV8'.tQ#1e... ........~o. nterey pe.... n. insula in California and grows into lone
of the largest of all cypresses. 'The commor't fc>rm of these evergreen trees is often flat
topped and horizontally branch~P!'od~qg'~ rather spiky outlinE. when planted in the
open. The presence of this tree on the CQ~.Qf. Wimer and Scenic: creates an incredlible
backdrop for the neighborhood. .....,
o MimosA or ~i(k Tree - ~U.b;iA J~di"rif5i.. At 407 NOlrth MAio Stnet'
The Mimosa or Silk tree (AIbizia julibrissin), is ~to Asia. from Iran to Japan. DistinctM3 for
its broad-spreading habit, this small-staturedtrf3e is!feIl-suited to the hot summer temperatures
of our dimate. Its light and airy, umbrella~ ~ is comprised of very soft feathers of
tiny leaflets. In summer it is studded with.~~,"Uffy tufts of cotton candy pink, much kwed
by hummingbirds. The flowers are later fotlOwedby seed pods which can saN about. Despite
this, it is a good patio tree where its cool, dappled shade can be much appreciated on a hot,
sunny afternoon. The Mimosa is happiest in full sun and well-draineid soil and will reaci1 a
height of 20'-30' with an equal or even greater spread.
ALL BALLOTS MUST BE RECEIVED BY Wednesday!, November 3~.
1_ Mail or deliver to: Maria Harris, City of Ashland, Office of Community Development,
I~ 51 Winburn Way, Ashland, OR 97520
at 'p!!~!,!!.T.!I! !.R.!~ _01 !!.II!!NE.: !~T.!~~~
CITY OF
AS H LAI'~ D
Council Communication
Charter Review Committee Update to Council
Meeting Date:
Department:
Approval:
November 16, 2004
Administration .~
Gino Grimaldi
~
Primary Staff Contact: Ann Seltzer, 552-2106
se ltzera({i;asba Iud .or. u~~
Secondary Staff Contact: Mike Franell, 552-
2090 franellm@ashland.or.us
Statement:
The Charter Review Committee will give an update to the council on the work they have done to
date. This presentation is for infonnational purposed only.
Background:
A charter review and update is a current council goal. A ten-member committee was created in
June. The committee began meeting in July and continues to meet on the first and third
Thursday of each month in council chambers at 7:00 p.m.
Related City Policies
None
Council Options:
The presentation is for infonnational purposes only. No action is required of council.
Staff Recommendation:
None
Potential Motions:
None
Attachments:
1. Current city charter with "mark-ups" by consultant Tom Sponsler
II. Oregon Model Charter with Ashland items noted.
1
~~,
BEERY, ELSNER & HAMMOND, LLP
ATTORNEYS AT LAW
PAMELAJ. BEERY*
PAUL C. ELSNER
JOHN H. HAMMOND, JR.
1750 SW HARBOR WAY, SUITE 380 PORTLAND, OREGON 97201-5164
TELEPHONE (503) 226-7191 FACSIMILE (503) 226-2348
WWW.GOV-LAW.COM
.
THOMAS SPONSLER t
DAVID F. DOUGHMAN
SPENCER Q. PARSONS
.
* ALSO admitted
in Washington
t Of Counsel
November 4, 2004
Ashland Charter Committee
As you requested, attached is my highlighted version of the current city charter. I understand
you wish to compare it with the version submitted to you by former city attorney Paul Nolte.
As with Paul's version, charter provisions lined through in my version should not be included in
a new charter. Text that is outmoded, antiquated and obsolete is shown in orange, and text that
has been superseded by state law is shown in greeR.
Sections that could be eliminated from the charter, but merit analysis and consideration for
enactment by ordinance are shown in a single box in pink type.1
Provisions that may be politically sensitive, and merit discussion and consideration beyond legal
analysis are shown in a double box in
Some sections of the current charter are not highlighted. This means they do not clearly fit into
one of the four categories of highlighted provisions. However, almost all sections of the current
charter should be revised and substantially edited before inclusion in a new charter.
Also attached is an Ashland version of the 2004 LOC Model Charter. As with the current city
charter version, sections of the Ashland Model Charter draft that may be politically sensitive are
shown in blue type. The committee will want to review and consider all sections of the model,
but the provisions should not require substantial editing before inclusion in a new charter.
Thomas Sponsler
H:\Recent\Charter Review\Sponsler\cover letter Sponsler - Ashland marked charter c1t.DOC
CITY OF ASHLAND
CITY CHARTER
ARTICLE I - Name and Boundaries
Section 1. Title of Enactment. This enactment shall be referred to as the Ashland Charter of
+9-+Q .
Section 2. Name. The municipality of Ashland, Jackson County, Oregon, shall continue to be a
municipal corporation with the name "City of Ashland".
Section 3. Boundaries. The City shall include all territory encompassed by its boundaries as they
now exist or hereafter are modified by the voters, by the Council, or by any other agency with
legal power to modify them. The Recorder shall keep in herlhis office at City Hall at least two
(2) copies of this Charter, in each of which he/she shall maintain an accurate and up-to-date
description of the boundaries. The copies and descriptions shall be available for public inspection
at any time during regular office hours of the Recorder.
ARTICLE II - Powers
Section 1. 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.
Section 2. Construction of the Charter. In this Charter, the mention of a particular power shall
not be construed to be exclusive or to restrict the scope of the powers which the City would have
if the particular power were not mentioned. The Charter shall be liberally construed to the end
that the City shall have all powers necessary or convenient for the conduct of its D1unicipal
affairs, including all powers that cities may assume pursuant to State laws and to the municipal
Home Rule provisions of the State Constitution.
Section 3. Provisions for Amendment and Revision. The Council shall have the power to call a
special election upon a resolution passed by the Council for the purpose of amending the Charter
or enacting a new Charter, or whenever petitioned to do so by the electors of said City, under any
initiative or referendum ordinance of the City of Ashland, or the laws of the State of Oregon.
ARTICLE III - Elective Officers
Section 1. Elective Officers. The elective officers of the City shall be: a Mayor, Recorder, six (6)
Council Members, five (5) Park Commissioners and a Municipal Judge. (Charter amendment 5-
23- 78)
H:\Recent\Charter Review\Sponsler\Sponsler - Ashland marked charter w-boxes.DOC
Section 2. Qualifications. All elective officers except the Municipal Judge shall be residents and
qualified voters in the City. (Charter amendment 5-23-78).
Section 3. Salaries. Any change in the amount of the present compensation receiycd by elective
officers, except for the Recorder and 11unicipal Judge, shall be submitted to the vote of the
people; however, the salary of the elected Recorder ~:hall be in the amount being paid in 1974
and be adjusted starting \vith the fiscal year 1971 75 in the sanIe percentage as the average salary
adjustments of the other super'/isory employees and department heads of the City of ~^~shland;
further, the salary of the 11unicipal Judge \vill initially be the same as for the year 1978 79 and
thereafter to be adjusted in the same percentage as the ayerage salary adjustnIent of the other
supervisory.em.ployees and department heads of the City of ~^~shland. (Charter amendment 5 23
1St
Section 4. Vacancies. An office shall be deemed vacant upon the incumbent's death; adjudicated
incompetence; conviction of a felony; other offense pertaining to hislher office, or unlawful
destruction of public records; resignation; recall from office or ceasing to possess the
qualifications for the office; or, in the case of the Mayor or Council Member, upon hislher
absence from the City for thirty (30) days without the consent of the Councilor upon hislher
absence from nleetings of the Council for sixty (60) days without like consent, and subsequent
declaration of the vacancy by a two-thirds affirmative vote of the Council.
A vacant elective office in the City shall be filled within sixty (60) days by the Council electing
some qualified person to fill such vacancy. The appointee's term of office shall begin
immediately upon appointment and shall continue until a successor, elected at the next biennial
election, takes office for the unexpired term. The Council shall have the power, by a two-thirds
affirmative vote, to expel any member of the Council for disorderly conduct in Councilor
inattention to duties. No Council member shall be expelled without notice and a hearing by the
Council.
Section 5. Ternl. The term of all elective officers shall begin the first day of January following
their election.
Section 6. Interest in City Contracts. During the term of office, no electi'/e officer shall violate
any provision of the State of Oregon Code of Ethics as contained in ORS Chapter 244.
(Amended by vote 11 8 94.)
ARTICLE IV - Mayor
Section 1. TemL. The Mayor in office at the time this Charter is adopted shall continue in office
until the end ofhislher term of office as fixed by the Charter of the City in effect at the time this
Charter is adopted. At the biennial general election held in ~, and every fourth year
thereafter, a Mayor shall be elected for a term of four (4) years.
Section 2. Po\\'ers and Duties. The Mayor is the executive officer of the municipal corporation
and shall exercise careful supervision over the general affairs of the City and over appointive
officers. He/she shall sign all orders and warrants on the Treasury for claims authorized by the
Council.
Section 3. Vote. The Mayor shall not be entitled to vote on any ordinance or measure before
the Council except in the case of a tie vote, in which case he/she shall have the power to vote,
and must vote either in the affirmative or in the negative. The Mayor shall, within five days
after the passage of any ordinance, either approve or veto the same, and no ordinance shall go
into effect until approved by the Mayor or passed by the Council over hislher veto. The Mayor
shall, in case he/she vetoes any ordinance or resolution, file such veto with the City Recorder,
together with reasons for hislher disapproval, which veto and message of disapproval shall be
read at the next meeting of the Council, and such ordinance or resolution be put upon its
passage again; and, if two-thirds of the Council members shall vote in the affirmative, it shall
become law without the Mayor's approval, but not otherwise. In passing all resolutions and
ordinances, the ayes and nays shall be called and permanent record made of the vote thereon.
ARTICLE V - Council Members
Section 1. Terms. The Council members in office at the time this Charter is adopted shall
continue in office, each until the end ofhislher term of office as fixed by the Charter of the City
in effect at the time this Charter is adopted. At each biennial general election after this Charter
takes effect, three Council members shall be elected, each for a term of four (4) years.
ARTICLE VI - Recorder
Section 1. Term. The Recorder in office at the time this Charter takes effect shall continue in
office until the end of his/her term of office as fixed by the Charter of the City in effect at the
time this Charter is adopted. At each biennial general election held in -1-9-+(), and every fourth
year thereafter, a Recorder shall be elected for a term of four (4) years.
Section 2. Po',\'ers and Duties. The Recorder, shall act as Clerk of the Council and shall I~cep
plain and correct records of all business and proceedings of the Counci I. Helshe shall maintain a
file of all papers presented to hi111/her officially, and safely keep a11 files, records and papcrs of
the corporation pertaining to his/her office, and these shall be open to the public. At-#le
expiration of his /her term of office, he/she shall turn over to his/her successor any and all
records, books, and papers pertaining to said office.
The Recorder must dra\v all orders for the proper pa)111ent of n10nies against the proper funds
that have been appropriated by the City Council, and, to;ether with the 11ayor, sign the SaI11e.
He/she 111ay n1ake periodic audits of all City accounting records.
The Recorder, shall, as soon as the Council shall make a ;enerallevy of the taxes for the city,
certify the same, together 'Nith any and all special benefits and asse~;sn1ents then duc, to the Clerk
of the County Court.
The Recorder shall record, in a book to be kept for that purpose, all ordinances and resolutions
passed by the City Council, and the same shall be signed by the Recorder, as \'/el1 as signed and
approved by the ~1ayor therein.
H:\Recent\Charter Review\Sponsler\Sponsler - Ashland marked charter w-boxes.DOC
Section 3. Vacancy. A willfhl absence of the Recorder from the City for more than thirty
(30) days without the consent of the Council, carelessness or inattention to the duties of the
Recorder, shaH be grounds for the Council to declare the office vacant; and it may fill such
vacancy in the: same manner as vacancies in the office of Council members are filled.
Section 4. Absence. In the Recorder's absence, the Mayor shall appoint a Clerk of the
Council Pro Tern who, while acting in that capacity, shall have all the authority and duties of
the Recorder.
ARTICLE VI A.. - Judge
Section 1. Ternl. At the biennial general election held in +9+&, and every fourth year thereafter, a
Judge shall be elected for a term of four (4) years. (Charter amendment 5-23-78)
ARTICLE VII - Elections
Section 1. Rc6ular Elections. Re.;ular City e1cctionsshal1 be held at the same times and place:~-as
biennial general State elections, in accordance "vith applicable State election laws.
Section~. !'Jotice ofRe.;ular Elections. The Recorder, pursuant to directions from the Council;
shall give at least ten (10) days notice of each regular City election by posting notice thereof at a
conspicuous place in the City Hall, and by publication in a ne\'vspaper of wide and ;cneral
circulation published in the City of j\.shland. The notice shall state the oHicers to be elected. the
ballot title of each measure to be voted upon, and the time and pluce of the electiol1.
Scction 3. Special Election::;. The COllncil shull proyide the time, n1anner and nleuns for holdin~
any special election ,,~'hich shall con1ply \yith applicable State la'A's. The Recorder shall ~i\'e at
least ten (10) days notice of each special election in the nlanner provided by the action of the
Council orderin~ the election;
Section 4. Regulation of Elections. Except as this Charter provides otherwise and as the Council
provides othervvise by ordinances relating to elections, the general laws of the State shall apply to
the conduct of all City Elections, recounts of the returns therefrom, and contests thereof.
Section 5. Non1inations. A qualified elector may be nominated for an elective City office to be
filled at the ele:ction. The nomination must be by a petition that specifies the office sought and
must be in a form prescribed by the Council. The petition shall be signed by not fewer than
twenty-five (25) electors, and with the candidate's written acceptance of such nomination. No
elector may sign more than one petition for each office to be filled at the election. Ifhe/she does
so, his/her signature will be valid only on the first sufficient petition filed for the office. The
signatures to a nomination petition need not all be appended to one paper, but to each separate
paper of the petition shall be attached an affidavit of the circulator thereof, indicating the number
of signers of the paper and stating that each signature of the person appended thereto was made in
his/her presence, and is the genuine signature of the person whose name it purports to be.
Opposite each signature shall be stated the date of signing, the signer's place or residence,
identified by its street and number or other sufficient designation. The Recorder shall make a
record of
the exact time at which each petition is filed and shall take and preserve the name and address of
the person by whom it is filed. If the petition is not signed by the required number of qualified
electors, the Recorder shall notify the candidate and the person who filed the petition within
twelve (12) days after the filing. If the petition is insufficient in any other particular, the Recorder
shall return it immediately to the person who filed it, certifying in writing wherein the petition is
insufficient. The deficient petition may be a1nended and filed again as a new petition, or a
substitute petition for the same candidate may be filed, within the regular time for filing
nomination petitions. All nomination papers comprising a petition shall be assembled and filed in
final form as one instrument with the Recorder not less than twelve (12) days before the date that
the Recorder must file the same with the County Clerk. (Charter Anlendment 11-2-82)
Section 6. Catv/ass of Returns. In all elections held in conjunction 'vvith State and CO'..1nty
elections, the State laws governing the filing of retull1S by the County Clerk shall apply. In each
special City election, the rehlnlS therefrom shall be filed v/ith the Recorder on or before noon the
day ronowing; and, not later than five (5) days after the election, the Council shall meet and
can'/ass the returns. The results of all elections shall be entered in the record of the proceedings
of the Council. The entry shall state the total nmnber ofyotes cast at the election, the votes cast
for each person, and for and against each proposition, the name of each person elected to office,
the office to which he/she has been elected, and a reference to each 111casure enacte6-ef
approved. Inl1nediately after the canvass is conlpleted, the Recorder shall make and sign a
Certificate of Election of each person elected and deliver the Certificate to him/her \vithin one
(1) day after the can'/ass. ~^.. Certificate so made and delivered shall be "prilna facio" evidcnce of
the tnlth of the statelnents contained in it.
Section 7. Tie Votes. In the event of a tic vote for candidates for an elective office, the successful
candidate shall be determined by a public drawing of lots in the manner prescribed by the
Council.
Section 8. Oath of Office. Before entering upon the duties of his/her office, each officer shall
take an oath or shall affirm that he/she will support the constitutions and laws of the United
States, the State of Oregon, and the Charter and laws of the City of Ashland, and that he/she will
faithfully perform the duties of his/her office.
ARTICLE VIII - Council
Section 1. Where Powers Vested. Except as this Charter provides otherwise, all powers of the
City shall be vested in the Council and the Mayor.
Section 2. Composition.
The Council shall be composed of six (6) Council members elected in the City at large and by
position number. Each position shall bear a number running from one (No.1) through six (No.
6), and any candidate for Council shall, starting with hislher nominating petition, designate the
number of the Council seat to which he/she seeks election; further, one candidate may only run
for one position at an election.
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The Council rnembers whose tenns of office expire with the end of +9-n shall be assigned seat
numbers 1, 3 and 5; +9+4 shall be assigned seat numbers 2, 4 and 6. Within the scope of the
preceding provision, the Council shall forthwith detennine by lot the numbers to be assigned to
the incumbent Council members.
Section 3. Council Meetings and Rules. The Council shall hold a regular meeting in the City at
least once each month at a time and place which it designates. Other meetings may be called as
the Council del~ms necessary, with notice given the Mayor and Council members and the public
as provided by ordinance. Minutes of any such special meeting shall be presented at the next
regular Council meeting. The Council shall adopt rules for its proceedings.
Section 4. Quorum. The Mayor and not less than three (3) of the Council members, or four (4)
of the Council members, shall constitute a quorum for conducting Council business.
Section 5. Journal. The Council shall cause a record of its proceedings to be kept. Upon request
of the l\1ayor or any of the Council n1elllbers, the ayes and nays upon any question before it shall
be taken and entered in the record.
Section 6. Proceedings to be Public. No action by the Council shall have lebal effect unless the
motion for the action and the vote thereon take place at proceedings open to the public.
Section 7. Mayor's Function at Council Meetings. The Mayor shall preside over the deliberations
of the Council. He/she shall have authority to preserve order, enforce the rules of the Council,
and detennine the order of business under the rules of the Council. '
Section 8. Chair of the Council. At the first regular meeting of the Council in January of each
year, the Council shall by ballot elect a Chair of the Council from its membership to serve for
one (1) year. He/she shall, during all times when the Mayor is absent or unable to attend to
hislher duties or act in any matter, have and exercise the powers and perfonn the duties of the
Mayor, IlexcePt that he/she shall retain his/her Council member's right to vote. If, at any
meeting of the Council, both Mayor and Chair are absent, the Council members present shall
elect one ofthe:ir number as Chair Pro Tern, who shall preside at that meeting.
Section 9. Vote: Required. Except as this Charter otherwise provides, the concurrence of a
majority of the members of the Council present at a Council meeting shall be necessary to decide
any question before the Council.
ARTICLE IX Special Po\vers of the Council
Section 1. Violation of Charter, Ordinance and La'.vs. The Council, at any regular or adjourned
meeting, shall have the pO'.ver \vithin the limits of the City of Ashland to enact lav.'s, ordinances
and pass resolutions not in conflict or inconsistent '.'lith the Imvs of the United States, the State of
Oregon, or the provisions of this Charter; and to pro'/ide for punishment of any person or persons
found guilty by a competent tribunal of the '.'iolation- of any such laws, ordinances, or any of the
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provisions of this Charter, by fine or imprisonnlent of such offender, until such fine and costs are
paid; and to provide for the '\lorking of such persons so convicted on the streets of the City or at
any other work, and to pro',,'ide the compensation therefor to be applied on such fine and costs;
but no fine shall exceed the sum of $500 and. the costs of prosecution, nor shall any
inlprisonment or tenn at hard labor exceed 6Ckiays:-
Section 2. Levy of l' axes. The Council, by t'NO thirds vote of the Council at any regular or
adjourned ll1eeting, shall have the poyver \vithin the limits of the City of 1^..shland to annually
ordain and levy taxes on the taxable property oftl1e City tnade taxable by la\v for County and
State p'..lrposes, not to exceed fifteen mills on the dollar on the assesGed valuation in any year for
the expenses of the City; and also in sach further Ulnount as n1ay be necessary for the pa)111ent of
~st or principal on any bonded indebtedness noy\' exi8ting or hereafter to exist a;;ainst the
City and for pa)111ent of any judglnent or j'..ldgments obtained against the City.
Section 2(b). Flood Damat;e Restoration Bonds. In addition to the indebtedness otbenvise
authorized by la'.',,' and by this Charter, the City Council of the City of 1^..shlund shaH have the
power and authority to issue the general obligation bonds of the City in such amounts and viith
such maturity dates as the City Council shall, in its discretion, deem advisable in an aggregate
amount not to exceed Seyen Hundred Fifty Thousand Dollars ($750,000.00) for the purpose of
financing the cost of repair and restoration in accord \'/ith current construction standards of the
City's \vater, se\ver, electrical and stonn se\vcr systems; City streets and bridges and \vatershed
roads and blidges; Lithia Park; the repair of riprap at the Ashland Airport; and the purchase of u
dredge for the removal of present and continuous accun1ulations of silt in the City's '.vater
reservoir; and to further provide that all state or federal funds received to assist A~;hlund in repair
of flood damage shall be used for that purpose or to pay principal and interest on these bonds and
for no other purpose; and shall have the po'.ver and right to designate the manner and time of
pa)1TIent of said bonds and the interest thereon, provided that considering any discounts or
premiums paid, the effective rate of interest on such bonds shall not exceed that aUo\vable by the
lav.'s of the State of Oregon. The pO'Ner herein granted shall be exercised by the Council without
submitting the question to a further yote of the electors and the bonds issued in pursuance to this
Article shan not be subject to the limitation on bond or other indebtedness else\\'here contained
in the Charter of said City.
Section 2( c). Hospitalltnprovement Bonds. ,In addition to the indebtedness otherwise authorized
by law and by this Charter, the City Council of the City of 1A..shland shall have the power and
aathority to issue the general obligation bonds of the City in such anlolmts and with such
nlaturity dates as the City Council shall, in its discretion, deenl ad'/isable in an aggregate amount
not to exceed Three Handred Sixty Thousand Dollars ($360,000JJO) for the purpose of financing
the design and construction of additions and improvementc to the Ashland COnlrrllll1ity Hospital;
and shall ha~/e the po\ver and right to designate the n1anner and tilne of paynlent of said bonds
and the
interect thereon, pro'.'ided that considering ony discounts or prmniums paid, the effective rate of
interest on such bond~ shall not exceed that,allowable by the laws of the State of Orebon. The
power herein granted shall be exercised by the Counci I without Gubn1ittint; the question to a
further vote of the electors and the bonds is~;ucd in pursuance to this ,\rticle shall not be subject
to the litnitotion on bond or other indebtedness elsewhere contained in the Charter of said City.
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Section 3. Special Assessments. The Council shall have the po'.ver at regular or adjourned
meeting to Ie'll' such special benefit assessments for road, sevier or other special inlprovements
as they deem reasonable and to prescribe the time '.\'hen such assessments shall be paid and to
assess penalties thereon, not exceeding ten percent (1 O~~) when delinquent, '.vhich assessments
and penalties Iliay be collected under the provisions of ,^..rticle XII, Sections 1 and 2.
Section <L Reassessment. The Council shall have the pO'.'.'er to enact an ordinance to COlTcct any
adlninistrative: elTor in the levying of any special benefit assessment and to cause a reaSSCSS111ent
to be made.
Scction 5. Debt Lilnit. The Council, by a two thirds vote at any regular or adjourned meeting,
shall have the power within the lilnits of the City of Ashland to bono'.'.' 1110ney upon the credit of
the City and authorize the issue of orders or notes therefor to an aInount not exccedill; $5,000.00
when required for nlunicipal purposes, which orders and notes shall bear a reasonable rate of
interest and shall not aggre;ate at any time to exceed $5,000.00.
Scction 6. Bonds. The Council, by a t\'.'o thirds vote at any regular or adjourned meetin;, shall
issue bonds of the City for other purposes \,;,hen duly '.Toted and required by a nlujority of the
electors of said City; or in rebonding fill' bonded indebtedness of the City '.vhell the SaInc is due
and payable and the City has not the funds on hand to pay the sanle, but in rebondin;, bonds
shall not be is:]ued for a longer period or greater rate of interest than the bonds to be liquidated.
All bonds issued hereafter shall be anlended to this l\rticle; that is, /\rticle IX, Section 2, and at
such time as they are retired shall be autonlatically repealed.
Section 7. 'Vater System. The Council, by a two thirds vote of the Council at any regular or
adjourned meeting, shall have the pO'Ner within the,limits of the City of ~..shland to suppress,
restrain, and prohibit any obstruction, pollution, diversion, '.vaste, extravagant use of, waters of
l\fill or Ashland Creek, either v/ithin or above the City limits.
ARTICLE X .. Ordinances
Section 1. Enacting Clause. The enacting clause of all ordinances hereafter enacted shall be: The
People of the City of Ashland do ordain as follows:".
Section 2. Mode of Enactment.
(a) Except as the second and third paragraphs, of this Section provide to the contrary, every
ordinance of the Council shall, before being put upon its final passage, be read first fully and
distinctly in open Council meeting and then on a different date by title only, unless a Council
member or the public requests that it be read in full for a second time, and it shall then be read
fully and distinctly.
(b) Provided all conditions set forth in Paragraph (C) have been met, an ordinance may be
enacted at a single meeting of the Council by unanimous vote of all Council members present
upon being read first in full and then by title.
(c) The first reading may be by title alone if no Council member present at the meeting, or the
public, requests to have the ordinance read in full, and if a copy of the ordinance is provided for
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each Council member and three (3) copies are provided for public inspection in the office of the
City Recorder not later than one (1) week before the first reading of the ordinance and if notice
of their availability is given forthwith upon the filing, by written notice posted at the City Hall
and by advertisement in a newspaper of general circulation and published in the City. An
ordinance enacted after being read by title alone may have no legal effect if it diffe:rs
substantially from its terms as it was thus filed prior to such reading, unless each section
incorporating such a difference is read fully and distinctly in open Council meeting as finally
amended prior to being approved by the Council.
(d) Upon the final vote on an ordinance, the ayes and nays of the members shall be taken and
entered into the record of the proceedings.
(e) Upon the enactment of an ordinance, the Recorder shall sign it with the date of its passage
and his/her name and the title of his/her office, except as provided in Article IV, S~~ction 3.
Section 3. When Ordinances Take Effect. An ordinance enacted by the Council shall take effect
on the thirtieth (30th) day after its enactment. When the Council deems it advisable, however, an
ordinance may provide a later time for it to take effect; and, in case of emergency, it may take
effect immediately.
ARTICLE XI - Public Improvements
Section 1. Condenlnation. Any necessity of taking property for tlle City by conden1nation shall
be detenl1ined by the Cm.1ncil and declared by resolution oftlle Council describing the property
and stating the uses to \vhich it shall be devoted. The procedure for the condemnation shall be as
ordained by the Councilor provided by State-l-aw:
Section 2. Improvements. The procedure for making, altering, vacating or abandoning a public
improvement shall be governed by general ordinance or to the extent not so governed, by
applicable general laws of the State. Action on any proposed public improvement, except a
sidewalk or except an improvement unanimously declared by the Council to be needed at once
because of an emergency, shall be suspended for six months upon a remonstrance thereto by the
owners of two-thirds of the land to be specially assessed therefor~ In this section, "owner" shall
mean the record holder of legal title or, where the land is being purchased under a land sale
contract recorded or verified to the Recorder in writing by the record holder of legal title to the
land, the purchaser shall be deemed the "owner".
Section 3. Special Assessments. The procedure for the levying, collecting and enforcing the
payment of special assessments for public in1provements or other services to be charged against
real property shall be as provided in Article XII, Sections 1 and 2 of this Charter.
Section 4. Bids. /\11 jobs or contractG for constructing, repairing, OITHlnlenting or improving any
public place in this City or out of it, the expenses of which arc to be paid out ofth-e-Gtty
Treasury, and the probable cost of which \\'ill exceed $500, shall be advertised in a ne\\'spaper of
\vide and general circ'..1lation pablished in the City of Ashland for ten days bc-fe.re-tbe closing of
the bids, and shall be done in accordance \vith the plans and specification~~ approved by the
Coancil. The Council shall have tho right to reject any or all bids without incurring any liability
for such rejection.
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.ARTICLE XII Taxation: Pov/ers and Duties of the Council
Section 1. It shal1 be the duty oft11e COLillcil inlmediately after the receipt of the certificate of the
County Clerk of the County Court of Jackson County, Oregon, shov:ing the a;.::;re.;ate valuation
of the assessable property ,in said City of ,^~shland, to nleet, and by urdinance annually levy such
taxes and asse~;snlents as pemlittcd in this Charter a~;~ainst the taxable property of the City of
Ashland, and such special assessments and penalties as may be due
and unpaid, and cause the sanle to be certified to thc- County Comi, as provided in Section 2 of
this }..rticle.
Section 2. The Council shall, iIllmediatcly after such 1cvy, notify the Clerk of the County Court,
under the certificate of the City Recorder, of the rate perccnt of the tax le'/)' Illade by the Council
and all delinquent special benefit assessments and the penalties thereon, and it shall he the duty
of such Clerk to compute the taxes and extend the SnIlle by enterin.; the a.;.;regate tax in the
appropriate columns on the tax roll, and such taxes, special assessnlents and penalties shall be
collected by thl~ sanle officer, in the sanle nlanner and at the same tinle as taxes for Count)'
purposes are collected, and the sanle shall be paid o',rer by the County Treasurer to the City
Recorder as provided by la'.\' for the paying over of city taxes.
Section 3. County Road Tax. The territory v.'ithin the limits of the City of Ashland as now
existing and as may be hereafter extended is hereby excepted out of the jurisdiction of the
County Court of J admon County for licensing purposes and road purposes, and the City Council
shall have ful1 and exclusi'/e jurisdiction over the smne. The inhabitants of the City shall be
exempt from the palment of road taxes and assessments of the property '.'/ithin the City for road
worle, except such taxes as may be le'/ied and assessed by the City Council, and all such taxes
shall be placed in a separate fund and used for street purposes \vithin the limits of the City and
not othenvise.
ARTICLE XIII - A ointive Officers
Section 1. Appointive Officers. The Mayor, with the confirmation by the Council, shall
appoint a City Administrator, City Attorney and such other officers as the Council deems
necessary. Th~~ Council may combine any two or,more appointive offices. (Charter
amendment 5-23-78)
department '.vhich is separate and distinct from the City police departnlent. The enlployees of one
department shaH not be assigned to do the job functions of employees in the other department.
(Charter amendnlent 1 1 86)
Section 2. Qualifications, Duties and Salaries. The Council shall, by ordinances, prescribe the
duties of appointive officers, and determine their con1pensation and qualifications, except the
Municipal Judge shall be a member of the Oregon State Bar. The Council may designate any
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appointive officer to supervise any other appointive officer, except the Municipal Judge in the
exercise of his/her judicial duties.
Section 3. Removal. The Mayor, with the consent ofthe Council, may suspend and remove II
any appointive officer at any time.
Section 1. Interest in City Contracts. Except as pro>..ideJ otherwi::;e by law, no officer. a~ent or
employee shall have any interest in any City contract n1ade by llin1/her in his/her official capacity
or by any public conlmittee, board, comnlission or department of which be/she is a memher.
agent or employee, except that the en1ployment oftlle officer, agent or enlployee shall not be
considered a contract for the purposes of this section.
.L\RTICLE XIV Chief of Police: Powers and Duties
Section 1. The Chief of Police shall be the conservator of the peace '.Yithin the limits of the City
of .L\shland and, in addition to the authority vested in him/her by the City Council, he/she shall
ha':e the authority and jurisdiction of a constable, and shall qualify and discharge the duties of
constable, in the same manner and to the same effect as required of constables under the statutes
of this State. He/she shall, within the County,of Jackson, arrest any and all persons guilty of any
breach of the peace committed in his/her presence, and take then1 before the judge of the City
Court, or some Justice of the Peace for trial. lIe/she shall also have the pov:er, under any warrant
from the Judge, or any Justice of the Peace, to arrest any person in any part of the State of
Oregon for any criminal offense or the violation of any City ordinance and, in case the Council
shall establish a police force for the City, he/she shall by virtue of his/her office be: Chief of such
feree,;
Section 2. The Chief of Police shall attend all meetings of the City Council, and perform the
duties of the Sergeant at .L^~rms of that body, watch o':er, care for and preserve all the City
property and good morals of the City; and it shall be his/her duty, and the duty of any and all
police officers, to see that all the la'.vs and ordinances of the City, and the pro':isions of this
Charter, are enforced, to file complaint \vith the City Judge against any persons yiolating any of
the provisions of this Charter, or the lav:s or ordinances of the City; and a failure or neglect to
faithfully perform any or all of such duties shall be cause for removal from office by the City
Council.
ARTICLE XV - Court
Section 1. Court. A court is hereby created in the City of Ashland, Oregon, to be known as the
Municipal Court. The court shall be open for the transaction of judicial business at regular times
specified by the Council. All area within the City shall be within the territorial jurisdiction of the
court. When not governed by ordinances or this Charter, all proceedings in the Municipal Court
for the violation of a City ordinance shall be governed by the applicable general laws of the State
governing District Courts.
Section 2. Judge. The Municipal Judge shall be the judicial officer of the City. He/she shall
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exercise original and exclusive jurisdiction of all offenses defined and made punishable by
ordinances and Charter of the City and all other offenses made punishable by State law over
which the City is given concurrent jurisdiction. He/she shall have authority to issue process for
the arrest of any person accused of an offense against the ordinances and Charter of the City, to
commit any such person to jailor admit him/her to bail pending trial, to issue subpoenas, to
compel obedience to such subpoenas, to issue any process necessary to carry into effect the
judgments of the Court, and to punish witnesses and others for contempt of the Court. The Judge
shall mabZJ a Inonthly report of the Court's proceedings in writing to the City Council.
Section 2A. Tt~rm. The term of the Municipal Judge shall be four (4) years. (Charter amendment
5-23-78).
Section 3. JtH:y'. ~^.. defendant may have a jury ofsi)( (6) meml11'rs by del11andin; the sanle. ~'\ny
jury chosen shall be go'/emed by the laws of the State of Ore~on relating to juries in the District
Court, and shall have the qualifications of such jurors resident '.vi thin the corporate linlits of said
Gity:
Section 4. Fines, Fees, Costs and Cash Bail. The City Council shall provide for the collection of
all Court fines, fees, costs and cash bail which shall be turned over to the City Recorder.
ARTICLE XVI - Miscellaneous Provisions
Section 1. Pub1ic Utilities 'AT ater \\T orks. The City of .L\shland, a municipal corporation, shall
ha'le the pO'Ner to provide the residents of said City with sueh services as '.vater, se'Ner, electric
power, public transportation and such other public utilities as the people desire by majority vote;
and to exact and collect compensation from the users of such public utility; proyided, ho\ve'/er,
that any and aU '...rater and '.vater '.vorIes and ,yater rights no,v owned or '.vhich may hereafter be
acquired by said City, for the purpose of supplying the inhabitants thereof'.\'ith water shall never
be rented, sold or otherwise disposed of; nor shall the City ever grant any franchise to any person
or corporation for the purpose of supplying the inhabitants of said City 'Nith '.vater.
Section'). Torts. The City's i111nlunit)' or liability for torts shall be as dctenllined by State law.
Section 3. Existing Ordinances, Acts, Proceedings. All existing ordinances in force when this act
takes effect and not inconsistent herewith shall be and remain in full force after this act takes
effect and thereafter until repealed by the Council. All actions and proceedings pending and all
unfinished business' whatsoever when this act takes effect shall thereafter be proceeded with
according to the provisions of this act or any City ordinance applicable thereto and continued in
force by this act. No suit, action or proceeding now pending in any Court shall abate by virtue of
this act, and all persons in office shall continue to receive such conlpensation for their services
during the balance of their, tenn as appertained to the office at the tinle they were respecti':ely
elected or appointed thereto; and 0.11 rights vested or liabilities incurred '.\'hen this act takes effect
shall not thereby be lost, impaired or destroyed; all bonds theretofore issued by said City are
hereby declared to be valid and of full force and effect, and all acts of the Council heretofore
done in good faith for the benefit of the City and on \\'hich proceedings shall not be instituted
prior to July 1, 1970 are hereby legalized and nlade valid in every particular.
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Section 4. Repeal of Previously-Enacted Provisions. All Charter provisions of the City enacted
prior to the time that this Charter takes effect are hereby repealed, except the provisions of the
legislatiye Charter of 1898 relating to the Po\vers of the Chief of Police; that is, ,,^..11icle X,
Section 1 compiled herein as ,,^..rticle XIV, Section 1; Po\vers and Duties of the Col:ffi€H-
Taxation; that is, }.rticle XII, Sections 1 and 2, compiled herein as ,,\.rticle XII, Sections 1 and 2;
and Territory Excepted for Road Purposes and Licensing Purposes; that is, ,,"-rticle XVII, Section
1, COlllpiIed herein as ,,^..rticle XII, Section 3; .and those provisions of the previous Charter
,,^Jllendments included in the follo\ving:
,,"-rticle VII, Section 1, amended 11 2 54, cornpiled herein as Article IX, Section 1
,,"-rticle VII, Section 2, amended 1 28 09, compiled partially herein as "^i.rticle IX, Sections 2 and
;;
l.rticle VII, Section 3, of 1898 Charter, compiled herein as ,,^..rticle IX, Section 5
f..rticle XXVIII, Sections 1 and 2, atllended 11 1 30 and 10 16 59, compiled herein as fi.rticle
XVII, Sections 1 and 2
l.rticle XIX, Sections 1,2, and 4, amended 12 15 08, and Section 3, an1ended 4 23 51, compiled
herein as ,,^..rticle XIX, Sections 1, 2, 3 and 4
,,"-rticle XXVII, Sections 1, 2, 3, and 4 amended 11 11 28, compiled herein as ,,^.rticle XVIII,
Sections 1, 2, 3, and 1
,,^..rticle XXIX, Section 1, an1ended 11 4 30, compiled herein as li.rticle XX, Sectioft-+
,,^..rticle XXXI, Section 1, amended 1938, cornpiled herein as ,,^..rticle XXI, Section-+
Article X, Section 2, atllended 7 17 19, compiled herein as ,,"-rticle XIV, Section 2
Article XIX, Section 1 C, an1ended 3 12 57, compiled herein as ,,^..rticle XIX, Section 1 C
Section 5. Time of Effect of Charter Amendlnent. This atnended Charter took effe,ct on July 1,
1970, except that ,,^unendments to ,,"-rticle III, Section 2; ,,^..rticle VIII, Section 2; ,,^..rticle X,
Section 2; Article XIII, Section 1 and ,,^..rticlc: XXII took effect on June 6, 1972.
ARTICLE XVII - Hospital
Section 1. The City of Ashland is hereby authorized and empowered to own, operate and conduct
a municipal hospital within the limits of said City of Ashland under the authority and direction of
the Council.
Section 2. The Council is hereby authorized to issue and sell, in manner and foml as in its
judgment it may deem best, general obligation bonds of said City in a sum not to exceed
$350,000.00 for the purpose of providing funds with which to purchase real property for a
hospital, construct a building or buildings to be used for hospital purposes, and equip and furnish
said hospital in and for said City. Said bonds shall bear the date established by the Council, be
serial in character, callable at any interest payment date in whole or in part on or after five (5)
years from the date thereof after notice as provided by law, be retired by the said City in a period
of not to exceed twenty-five (25) years, be in denomination of$l,OOO.OO each, be signed by the
Mayor and countersigned by the Recorder under the corporate seal of said City, have semi-annual
interest coupons bearing the facsimile signatures of the Mayor and Recorder attached thereto, by
the terms thereof pledge the full faith and credit of the said City for their repayment,
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and hold and promise to pay to the bearer of each of said bonds at maturity thereof, the sum
therein named in legal tender of the United States of America, with interest thereon in like legal
tender, at the office of the
City Recorder in said City or at such other office as the Council may, in its judgment,
detennine, which bonds shall be known as "Hospital Bonds". The particular fonn of said bonds,
the maturities thereof, the rate of interest thereon, and such other details of their issuance and
sale as are not herein mentioned shall be detennined by the Council in the exercise of its best
judgment in order to carry out the intention hereof. That it shall be the duty of the Council to
attend to the proper application of the funds derived from the sale of said bonds and the
purchaser or purchasers thereof shall in no event be responsible or charged with the proper
application of the funds derived from the sale thereof. That the Council is hereby authorized
and empowered each year at the time of making the annual tax levy for City purposes to include
in such levy a sufficient amount to meet the payment of principal and interest on said Hospital
Bonds as same shall be come due, and this authority shall be in addition to all Charter and
Oregon Constitution debt limitation.
ARTICLE X\lIII - Cemeteries Trust Fund
Section 1. The Council is hereby authorized and empowered each year, at the time of making
the annual levy for City purposes, to include in such levy a sum equal to but not to exceed one
mill on each dollar of assessed valuation of property within the City, which sum shall be used
for the purpose of maintenance and upkeep of cemeteries held by, or under control of the City
of Ashland. Such levy shall not be within the limitation of taxation provided by law. Provided
further that each year from the proceeds of such levy the Council shall set aside in a pennanent
trust fund the sum of$500.00, the income from which shall be used to carry out the purposes
mentioned herein. When such trust fund shall have accumulated to such an extent as to provide
sufficient inco:me for the purposes for which same ,vas created, then no further tax levy shall be
made thereafter. .
Section 2. The Council is hereby given authority to :receive control, for and on behalf of the
City of Ashland, or any privately-operated or owned cemetery within the said City for the
purpose of providing proper upkeep and maintenance of any such cemetery, said Council to
receive such control only upon conditions as to it may seem for the best interests of the City.
Section 3. The Council is hereby authorized to create such funds as, in its discretion, may be
necessary for the purpose of keeping and maintaining in proper condition the cemeteries within
or adjacent to the City of Ashland, and under the jurisdiction of said Council, and is further
authorized frorn any monies received from sale of cemetery lots, to specifically create a trust
fund for the perpetual upkeep of the lots so sold, and is further authorized to contract with the
purchasers of any lots so sold, on behalf of the City of Ashland, for the perpetual upkeep of said
lots on such telms and conditions as said Council may deem best for the protection of said City.
Section 4. The Council is hereby authorized to accept any bequests or donations for the
purposes mentioned herein on behalf of the said City, which donations or bequests shall
become a part of said pennanent trust fund, unless specified otherwise when any such bequests
or donations are given.
ARTICLE XIX - Park Commission
Section 1. Dedication. All those lands specified by the Charter Amendment of Deeember 15,
1908 and May 13, 1912, are hereby reserved and forever dedicated to the people of the City for
park purposes and shall never be sold, leased, encumbered or used for any purpose inconsistent
therewith; provided, however, that such public buildings as may enhance the beauty of said
park, or that shall not detract therefrom, may be constructed if so directed by a majority vote of
the electors of said City; and provided further, that nothing contained in this act shall be
construed so as to impair or interfere with proper construction or operation of the City's light,
power or water system.
Section I-C. That the Ashland Park Commission, with the consent of the Common Council,
shall have the authority to lease to the Oregon Shakespearean Festival Association, a non-profit
corporation of the State of Oregon, any portion of Lithia Park described as follows, to-wit:
That certain property commencing at the northeast comer of the Chamber of Commerce
building; thence, southerly along the base of the hill to southern side of pond in lower park;
thence, east to ditch carrying water to waterfall; thence, southerly along ditch 150 feet; thence,
east 110 feet to west side of Hargadine Street; thence, northerly on west line of Hargadine
Street to northeast comer of park property; thence, following the meandering north line of park
property to place of beginning, containing approximately two acres
for the purpose of remodeling and expanding the present Festival theatre and the construction
of additional buildings which are hereby designated as public buildings for use by the Oregon
Shakespearean Festival Association for any of the purposes authorized by the corporate charter
of said association, said use to be on such tenns and conditions as the Ashland Park
Commission, with the consent of the Common Council, deems in the best interests of the City;
nrovlc1e(L however, thM ~nv le~se sh~ 11 not ex~eec1 ~ nerioc1 of nlnetv-nlne (99) ve~rs,
Section 2. Park Commission. The certain board created by a vote of the qualified electors of the
City of Ashland, Oregon, at a special election held on the 15th day of December, 1908, which
became effective by the proclamation of the Mayor published on the 17th day of December,
1908, and known and designated as the "Ashland Park Commission", be and the same, as
constituted and created by said Charter amendment, and as now existing, is hereby perpetuated
and continued as five (5) members with all the powers conferred and duties imposed by said
Charter amendment and ordinances of the City of Ashland.
Provided, that at the general biennial election to be held on the first Tuesday after the first
Monday in November, 1920, two commissioners shall be elected to serve for the tenn of four
(4) years from the first day of January, 1921, and that at the general biennial election to be held
in November, 1922, three commissioners shall be elected to serve for the tenn of four (4) years
from the first day of January, 1923, and that the tenn of office for each succeeding
commissioner shall be four (4) years unless elected to fill a vacancy, in which event he/she shall
be elected to serve until the first day of January following the next succeeding biennial election
after any such vacancy. Provided, further, that each of the commissioners now constituting the
present Ashland
Park Commission shall hold office for the term for which he/she was elected, and until his/her
successor is elected and qualified.
Section 3. Funding. The said Park Commission shall have control and management of all the lands
here dedicated for park purposes and of all other lands that may hereafter be acquired by the City
for such purposes. They shall have control and management of all park funds, whether the same is
obtained by taxation, donation or otherwise, and shall expend the same judiciously for beautifying
and improving the City's parks.
It shall be the duty of said Commission and they shall, at the beginning of each month, file with the
City Recorder for the information of the City Council and the public, a report of their doings for the
preceding month. Such report shall specify all funds on hand and the source from whence obtained.
It shall carry a clear statement of all monies expended and for what purpose. All purchases made
and all labor performed, together with the cost thereof, shall be embodied in said report. At the time
for making the tax levy for general City purposes in each year, the said Commission shall cause a
careful estimate to be made of the money required for park purposes for the ensuing year and file
the same with the City Recorder, whereupon there shall be included in said general levy not to
exceed four and one half (4-1/2) mills on the dollar to meet such requirements, which, when
collected, shall be deposited with the City Recorder subject to the order of said Commission. The
levy herein authorized shall be outside the limitation on taxation set forth in Article XI, Section II
of the Constitution of Oregon.
Section 4. Salary; Government. The said Commission shall serve without pay and shall have power
to formulate and adopt rules and regulations for their government and for the purpose of carrying
into effect the purposes of their creation as Park Commission. They shall enter upon the discharge
of their duties immediately upon their organization and shall, as soon as may be expedient, cause a
map or maps to be made of the lands herein dedicated, and shall make the same conform to the
descriptions contained in the instruments by which said City obtained title thereto; which said
instruments shall be considered as carrying a more specific description of said lands.
ARTICLE XDC A - Open Space Park Program
Section 1. Creation, Powers and Duties. An Open Space Park Program is hereby created to be
administered by the Ashland Park Commission. The Park Commission shall make
recommendations to the City Council concerning priorities for land and easement acquisitions for
the Open Space Park Program. After dedication of land to the Open Space Park Program, the
Ashland Park Commission shall be responsible for the administration, development and operation
of such lands.
Section 2. Land and Easement Acquisition Procedures. Both the Ashland Park Commission and the
City Council n1ust agree upon land or easements to be acquired for open space park purposes.
Before any land or easements that have been acquired for the Open Space Park Program are
disposed of and released from the Program there shall be a public hearing. Disposal shall be by
Ordinance, which shall not contain an emergency clause, thus giving to the people of the City of
Ashland the opportunity to petition for a referendunl. Land or easements acquired for open space
park purposes shall be dedicated by the City Council for such purposes. Such dedicated lands or
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easement shall be under the control and management of the Ashland Park Commission. The City
Council shall not use the power of condemnation to acquire fee simple ownership of any land for
Open Space purposes or for trails. (Amended 8-14-90)
Section 3. Resources. Monies dedicated to the Open Space Park Program shall be expended only
for Open Space lands or easements, for costs. of acquisition and for such other purposes pertinent to
the Open Space Park Program as the Council and Park Commission may jointly determine. All
monies dedicated for acquisition of Open Space Park Program lands shall remain under the
financial management of the City of Ashland.
The tax measures for funding for land acquisition for the Open Space Park Program shall be
approved by the voters, and the tax rates approved therein by the voters shall not be altered for
Open Space purposes by the City Council without further approval by the electorate. Said tax
measures for funding of the Open Space Park Program shall expire on December 31, 2010, unless
extended by a vote of the electorate. (Amended 8-14-90)
Section 4. Definition and Purpose of Open Space Park Lands. The definition and purpose of open
space park lands shall be as defined in State Law, ORS 308.740, or as modified by Ordinance of
the City of Ashland. (Amended 5-15-90).
ARTICLE XX - Municipal Airport
Section 1. Power. The City of Ashland is hereby given the power and authority to acquire, own,
conduct and operate a municipal airport either within or outside the limits of the City of Ashland,
under the authority and direction of the Council.
ARTICLE XXI - City Band
Section 1. At the time of making the tax levy for general City purposes each year" the Council shall
cause a careful estimate to be made of the rnoney required for the purpose of a City Band for the
ensuing year, such estimate shall be presentl~d and considered with the other items in the annual
budget and there shall be included in the general levy for the ensuing year not to exceed six-tenths
(.6) mills on the dollar for such band requin~ments, which fund, when collected, shall be deposited
with the City Recorder, subiect to the order of the Council.
ARTICLE XXII - Recreation Commission
Section 1. The Ashland Recreation Commission is hereby created to be composed of the five (5)
Ashland Park Commissioners and their temlS of office shall be the same.
Section 2. The powers and duties of the Recreation Commission shall be as set forth in this Charter,
the Ordinances of the City of Ashland, and by any other applicable law.
Section 3. Any funds to be spent by the Recreation Commission for recreation purposes shall be
from such funds as may be appropriated from time to time by the City Council, and in no event
shall any funds be spent for recreation purposes that are received pursuant to Article XIX of this
charter and which relates to the Park Comnlission and a levv for Dark Dumoses.
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CITY OF ASBLAND
CITY CHARTER
PREAMBLE
We, the voters of Ashland, Oregon exercise our power to the fullest extent possible under the
Oregon Constitution and laws of the state, and enact this Home Rule Charter.
Chapter I
NAMES AND BOUNDARIES
Section 1. Title. This charter may be referred to as the 2005 Ashland City Charter.
Section 2. Name. The City of Ashland, Oregon, continues as a municipal corporation with the
name City of Ashland.
Section 3. Boundaries. The city includes all territory within its boundaries as th(~y now exist or
are legally modified. The city will maintain as a public record an accurate and current
description of the boundaries.
Chapter II
POWERS
Section 4. Powers. The city has all powers that the constitutions, statutes and common law of
the United States and Oregon expressly or impliedly grant or allow the city, as :fully as though
this charter specifically enumerated each of those powers.
Section 5. Construction. The charter will be liberally construed so that the city may exercise
fully all powers possible under this charter and under United States and Oregon la'w.
Section 6. Distribution. The Oregon Constitution reserves initiative and referendum powers as
to all municipal legislation to city voters. This charter vests all other city powers in the council
except as the charter otherwise provides. The council has legislative, administrative and quasi-
judicial authority. The council exercises legislative authority by ordinance, administrative
authority by resolution, and quasi-judicial authority by order. The council may not delegate its
authority to adopt ordinances.
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Chapter III
COUNCIL
Section 7. Council. The council consists of a mayor and six councilors nominated and elected
from the city at large.
Section 8. M:avor. The mayor presides over and facilitates council Ineetings, preserves order,
enforces council rules, and detennines the order of business under council rules. The mayor is a
voting member of the council and has no veto authority. With the consent of council, the mayor
appoints mernbers of commissions and committees established by ordinance or resolution. The
mayor must sign all records of council decisions. The mayor serves as the political head of the
city government.
Section 9. Council President. At its first meeting each year, the council must elect a president
from its membership. The president presides in the absence of the mayor and acts as mayor
when the mayor is unable to perfonn duties.
Section 10. Rules. The council must by resolution adopt rules to govern its meetings.
Section 11. Meetings. The council must meet at least once a month at a time and place
designated by its rules, and may meet at other times in accordance with the rules.
Section 12. Ouorum. A majority of the council members is a quorum to conduct business, but a
smaller numher may meet and compel attendance of absent members as prescribed by council
rules.
Section 13. 'Tote Required. The express approval of a majority of a quorum of the council is
necessary for any council decision, except when this charter requires approval by a majority of
the council.
Section 14. Record. A record of council meetings must be kept in a manner prescribed by the
council rules.
Chapter IV
LEGISLATIVE AUTHORITY
Section 15. Ordinances. The council will exercise its legislative authority by adopting
ordinances. The enacting clause for all ordinances must state "The City of Ashland ordains as
follows:"
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Section 16. Ordinance Adoption.
(a) Except as authorized by subsection (b), adoption of an ordinance requires approval by a
majority of the council at two meetings.
(b) The council may adopt an ordinance at a single meeting by the unanimous approval, provided
the proposed ordinance is available in writing to the public at least one week before the meeting.
(c) Any substantive amendment to a proposed ordinance must be read aloud or made available in
writing to the public before the council adopts the ordinance at that meeting.
(d) After the adoption of an ordinance, the vote of each member must be entered into the council
minutes.
(e) After adoption of an ordinance, the city custodian of records must endorse it with the date of
adoption and the city recorder's name and title.
Section 17. Effective Date of Ordinances. Ordinances normally take effect on the 30th day after
adoption, or on a later day provided in the ordinance. An ordinance may take eftect as soon as
adopted or other date less than 30 days after adoption if it contains an emergency clause.
Chapter V
ADMINISTRATIVE AUTHORITY
Section 18. Resolutions. The council will normally exercise its administrativ(~ authority by
approving resolutions. The approving clause for resolutions may state "The City of Ashland
resolves as follows:"
Section 19. Resolution Approval.
(a) Approval of a resolution or any other council administrative decision requires approval by the
council at one meeting.
(b) Any substantive amendment to a resolution must be read aloud or made available in writing
to the public before the council adopts the resolution at that meeting.
(c) After approval of a resolution or other adnlinistrative decision, the vote of each member must
be entered into the council minutes.
(d) After approval of a resolution, the city recorder must endorse it with the date of approval and
the custodian's name and title.
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Section 20. Effi~ctive Date of Resolutions. Resolutions and other administrative decisions take
effect on the date of approval, or on a later day provided in the resolution.
Chapter \i'I
QUASI-JUDICIAL AUTHORITY
Section 21. Orders. The council will nonnally exercise its quasi-judicial authority by approving
orders. The approving clause for orders may state "The City of Ashland orders as follows:"
Section 22. Order Approval.
(a) Approval of an order or any other council quasi-judicial decision requires approval by the
council at one nleeting.
(b) Any substantive amendment to an order must be read aloud or made available in writing to
the public at the meeting before the council adopts the order.
(c) After approval of an order or other council quasi-judicial decision, the vote of each member
must be entered in the council minutes.
(d) After approval of an order, the city recorder must endorse it with the date of approval and the
custodian's natne and title.
Section 23. Effi~ctive Date of Orders. Orders and other quasi-judicial decisions take effect on
the date of final approval, or on a later day provided in the order.
Chapter VII
ELECTIONS
Section 24. Councilors. The tenn of a councilor in office when this charter is adopted is the
tenn for which the councilor was elected. At each general election after the adoption, three
councilors will be elected for four-year tenns.
Section 25. Maw. The tenn of the mayor in office when this charter is adopted continues until
the beginning of the first odd-numbered year after adoption. At every other general election after
the adoption, a rnayor will be elected for a- four-year tenn.
Section 26. State Law. City elections must confonn to state law except as this charter or
ordinances provide otherwise. All elections for city offices must be nonpartisan.
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Section 27. Qualifications.
(a) The mayor and each councilor must be a qualified elector under state law, and reside within
the city for at least one year immediately before election or appointment to office.
(b) No person may be a candidate at a single dection for more than one city office.
(c) Neither the mayor nor a councilor may be employed by the city.
(d) The council is the final judge of the election and qualifications of its members.
Section 28. Nominations. The council must adopt an ordinance prescribing the: manner for a
person to be nominated to run for mayor or a city councilor position.
Section 29. Terms. The term of an officer elected at a general election begins at the first council
meeting of the year immediately after the election, and continues until the successor qualifies
and assumes the office.
Section 30. Oath. The mayor and each councilor must swear or affirm to faithfuJlly perform the
duties of the office and support the constitutions and laws of the United States and Oregon.
Section 31. Vacancies: The mayor or a council office becomes vacant:
(a) Upon the incumbent's:
(1) Death,
(2) Adjudicated incompetence, or
(3) Recall from the office.
(b) Upon declaration by the council after the incumbent's:
(1) Failure to qualify for the office within 10 days of the time the term of office is to begin,
(2) Absence from the city for 30 days without council consent, or from all council meetings
within a 60-day period,
(3) Ceasing to reside in the city,
(4) Ceasing to be a qualified elector unde:r state law,
(5) Conviction of a public offense punishable by loss of liberty,
(6) Resignation from the office, or
(7) Removal under Section 33(i).
Section 32. Filling Vacancies. A mayor or councilor vacancy will be filled by appointment by a
majority of the remaining council members. The appointee's term of oflice runs from
appointment until expiration of the term of office of the last person elected to that office. If a
disability prevents a council member from attending council meetings or a mernber is absence
from the city, a majority of the council may appoint a councilor pro tern.
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Chapter VIII
APPOINTIVE OFFICERS
Section 33. City Manager.
(a) The office of city manager is established as the administrative head of the city government.
The city manager is responsible to the mayor and council for the proper administration of all city
business. The city manager will assist the mayor and council in the development of city policies,
and carry out policies established by ordinances and resolutions.
(b) A majority of the council must appoint and may remove the manager. The appointment must
be made without regard to political considerations and solely on the basis of education and
experience in competencies and practices of local government management.
(c) The manager need not reside in the city.
(d) The manager may be appointed for a definite or an indefinite term, and may be removed at
any time by a majority of the council. The council must fill the office by appointment as soon as
practicable after the vacancy occurs.
( e) The manager must:
(1) Attend all council meetings unless excused by the mayor or council;
(2) Make reports and recommendations to the lTLayor and council about the needs of the city;
(3) Administer and enforce all city ordinances, resolutions, franchises, leases, contracts,
permits, and other city decisions;
(4) Appoint, supervise and remove city employees;
(5) Organize city departments and administrative structure;
(6) Prepare and administer the annual city budget;
(7) Administer city utilities and property;
(8) Encourage and support regional and intergovernmental cooperation;
(9) Promote cooperation among the council, staff and citizens in developing city policies,
and building a sense of community;
(10) Perform other duties as directed by the council;
(11) Delegate duties, but remain responsible for acts of all subordinates.
(f) The manag'er has no authority over the councilor over the judicial functions of the municipal
judge.
(g) The manager and other employees designated by the council may sit at council meetings but
have no vote. The manager may take part in all council discussions.
(h) When the manager is temporarily disabled from acting as manager or when the office of
manager becolnes vacant, the council must appoint a manager pro tem. The manager pro tem
has the authority and duties of manager, except that a pro tem manager may appoint or remove
employees only with council approval.
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(i) No council member may directly or indirectly attempt to coerce the manager or a candidate
for the office of manager in the appointment or removal of any city employee, or in
administrative decisions regarding city property or contracts. Violation of this prohibition is
grounds for removal from office by a majority of the council after a public hearing. In council
meetings, councilors may discuss or suggest anything with the manager relating to city business.
Section 34. City Attornev. The office of city attorney is established as the chief legal officer of
the city government. A majority of the council must appoint and may remove the attorney. The
attorney must appoint and supervise, and may remove any office employees.
Section 35. Municipal Court and Judge.
(a) A majority of the council may appoint and remove a municipal judge. A mlunicipal judge
will hold court in the city at such place as the council directs. The court will bt;: known as the
Municipal Court.
(b) All proceedings of this court will conform to state laws governing justices of the peace and
justice courts.
(c) All areas within the city and areas outside the city as permitted by state law are within the
territorial jurisdiction of the court.
(d) The municipal court has jurisdiction over every offense created by city ordin(mce. The court
may enforce forfeitures and other penalties created by such ordinances. The court also has
jurisdiction under state law unless limited by city ordinance.
( e) The municipal judge may:
(1) Render judgments and impose sanctions on persons and property;
(2) Order the arrest of anyone accused of an offense against the city;
(3) Commit to jailor admit to bail anyone accused of a city offense;
(4) Issue and compel obedience to subpoenas;
(5) Compel witnesses to appear and testify and jurors to serve for trials before the court;
(6) Penalize contempt of court;
(7) Issue processes necessary to enforce judgments and orders of the court;
(8) Issue search warrants; and
(9) Perform other judicial and quasi-judicial functions assigned by ordinance.
(f) The council may appoint and may remove municipal judges pro tern.
(g) The council may transfer some or all of the functions of the municipal court to an appropriate
state court.
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Chapter IX
PERSONNEL
Section 36. Compensation. The council must authorize the compensation of city officers and
employees as part of its approval of the annual city budget.
Section 37. 1vlerit SYstems. The council by resolution will determine the rules governing
recruitment, selection, promotion, transfer, demotion, suspension, layoff, and dismissal of city
employees based on merit and fitness.
Chapter X
PUBLIC IMPROVEMENTS
Section 38 Procedure. The council may by ordinance provide for procedures governing the
making, altering, vacating, or abandoning of a public improvement. A proposed public
improvement n1ay be suspended for six months upon remonstrance by owners of the real
property to be specially assessed for the improvement. The number of owners necessary to
suspend the action will be determined by ordinance.
Section 39. Special Assessments. The procedure for levying, collecting and enforcing special
assessments for public improvements or other services charged against real property will be
governed by ordinance.
Chapter XI
MISCELLANEOUS PROVISIONS
Section 40. Debt. City indebtedness may not exceed debt limits imposed by state law. A
charter amendmlent is not required to authorize city indebtedness.
Section 41. Ordinance Continuation. All ordinances consistent with this charter in force when it
takes effect remain in effect until amended or repealed.
Section 42. Repeal. All charter provisions adopted before this charter takes effect are repealed.
Section 43. Severability. The terms of this charter are severable. If any provision is held invalid
by a court, the invalidity does not affect any other part of the charter.
Section 44. TinIe of Effect. This charter takes effect January 1, 2006.
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City of
WILSONVILLE
in OREGON
30000 SW Town Center Loop E
Wilson\~lIe, Oregon 97070
(503) 6,82-1011
(503)6132-1015 Fax
(503) 682-0843 TDD
September 30, 2004
~ ~, (rlJ fI,; n\ \In ~ rn
n It; \If) lo L \'J il
~J IU~ OCT 0 4 2004 ~
J' ((fJcY J l'
J-\ '..0 v'--~ / By
~ "'~ ~ v/
~ , r}/I
(, ()" .:.. ..... \ (}./f
\ vJ P
../
Honorable Mayor DeBoer
City of Ashland
20 East Main Street
Ashland, OR 97520-1849
Dear Mayor DeBoer;
It is my great pleasure to inform you of the election of Barbara Christensen to the position of
Second Vice President of the Oregon Association of Municipal Recorders (OAMR).
Barbara is highly regarde;d amOi1b her Of-\Iv1R peers, and has always served the organization ""viib
professionalism, dignity and enthusiasm. I know your City must be very proud of Barbara's
achievements. I hope you will take a moment to congratulate her on her election to this
important position.
Sincerely,
. ,~~ r1<~
Sandra C. King, CMC
Wilsonville City Recorder
OAMR President
Serving The Community Wth Pride
Minutes
AFN Programming Committee Minutes
8/26/04
These Minutes are preliminary pending approval by AFN Programming Committee at the October
28,2004, AFN Programming Committee Meeting.
MINUTES FOR AFN PROGRAMMING COMMITTEE
August 26, 2004, 5:30 p.m.
Community Development Building
51 Winburn Way
Ashland
CALL TO ORDER
Chairperson, Candice Chapman, called the meeting to order at 5:35 p.m. in the Community Development
Building.
ROLL CALL
Attendees: Wes Brain, Candice Chapman, Tom Garland, LaUna Huffines, Elin Silveous, and Pamela Garrett,
were present.
City Council Liaison: Alex Amarotico
Staff Liaison: Vince Zauskey
INTRODUCTION OF NEW MEMBER
Chairperson Chapman introduced the newest committee member, Pamela Garrett and the rest of the
committee introduced themselves filling in for Jocelyn O'Neill.
APPROVAL OF MINUTES
The Chairperson, Candice Chapman, asked for approval of the April 29thminutes and the minutes were
motioned and approved by Committee members.
PUBLIC FORUM
Scott Spaulding/1360 Appleway spoke in favor of asking business to display AFN channel !~uide boxes.
He would like AFN to add Faith TV and JCTV and wondered if private fundraisers would help make this
possible.
Chairperson Chapman stated AFN would not be adding any new channels at this time. Different committee
members spoke in favor of adding different religious channels.
Lenny NeimarklAshland/ spoke in favor of ala carte channel choices selling packets with individual choices.
He had concerns about staying abreast of current technology and marketing.
Chairperson Chapman reminded the members about the survey which showed ala carte favorable with the
public.
Mr. Zauskey clarified Charter was not offering 'Ala Carte" programming but 'grouping' programming by type
(i.e. sports package).
Afn Min 8 26 04ver 2
Page 1 of 3
Chairperson asked for volunteers for a new sub-committee to research technology issues and possible make a
presentation to the City Council. Committee member Garland and Huffines volunteered to be on the sub-
committee and report at the next AFN meeting.
CHANNEL DISC:USSION
A. Spanish Channel
Mr. Zauskey and Mr. Ainsworth together a list of Spanish speaking channels and presented it to the
Committee. Committee members discussed different aspects of adding Spanish speaking channels and
decided to continue the discussion at a special meeting, October 28, 2004.
B. MTV Channel
Mr. Zauskey reported Mr. Ainsworth was working migrate the MTV Networks contract and payables from a
direct agreement (since Feb. 03) to fall under the NCTC Master Agreement ultimately saving 30% on
programming costs. AFN would have to add Nick GAS (Games and Sports) to comply with the NCTC Master
Agreement.
MEMBERSHIP REQUIREMENTS
Chairperson Chapman reviewed the City's Charter Review on qualifications for member's overseeing the
channels and programming. As of 1999, there were no requirements that they were customers or live within
the City of Ashland. The Committee members discussed the purpose of representing the citizens
programming needs.
CUSTOMER COUNTS
Mr. Zauskey reported the following subscriber information:
Tier one
Tier Two
Tier Three
Tier Four
3062
2B06
2'158
3!>5
HBO
Show
Starz
2H8
63
90
Modems
3'148 residential only modems
He also mentioned the college students were coming back and AFN is busy compiling with the demand.
Committee members discussed the possibility of obtaining the SOU dorm accounts.
CHARTER NEV\r CHANNEL LINEUP
Mr. Zauskey reported Charter did a mass direct mail out to all subscribers and potentially non-subscribers and
pointed out that J\FN is limited due to its independent ISP's charter, stating that marketing can only mail to
Internet only customers.
Committee member Brain stated his reason for resigning from the AFN Committee and Chairperson Chapman
minded him to formally write a letter.
Afn Min 8 26 04ver 2
Page 2 of 3
NEXT MEETING DATE
October 28, 2004
ADJOURNMENT
Meeting adjourned at 7:40pm
Respectfully submitted by,
Mary McClary,
Assistant to Electric Department
Afn Min 8 26 04ver 2
Page 3 of 3
Minutes
AFN Programming Committee Minutes
10/28/04
These Minutes are preliminary pending approval by AFN Programming Committee at the January
27,2004, AFN Programming Committee Meeting.
MINUTES FOR AFN PROGRAMMING COMMITTEE
October 28, 2004, 5:30 p.m.
Community Development Building
51 Winburn Way
Ashland
CALL TO ORDER
Chairperson, Candice Chapman, called the meeting to order at 5:38 p.m. in the Community Development Building.
ROLL CALL
Attendees: Candice Chapman, Tom Garland, Pamela Garrett, Ed Perkins, Gary Sims, Elin Silveous, were present.
LaUna Huffines arrived at 6:10.
City Council Liaison: Alex Amarotico
Staff Liaison: Dick Wanderscheid, Mike Ainsworth
INTRODUCTION OF NEW MEMBER
Chairperson Chapman introduced the newest Committee member, Ed Perkins, who gave the Committee a brief
history of his background and then the Committee members introduced themselves.
APPROVAL OF MINUTES
Chairperson Chapman asked for approval of the August 26th minutes.
Committee member Garland motioned to approve the minutes of August 26h as written and Committee member
Garrett seconded the motion.
Voice vote: all Ayes. The motion passed with a unanimous vote.
PUBLIC FORUM
Adam Cleveland/1875 Ventura Cr #3 spoke in favor of more Christian programming, asking the Committee to
consider adding more channels to the basic tier of programming. He mentioned he personally does not watch TV,
but his household subscribes to Charter. He thanked and admired the job that this Committee has done in the
past. The members requested he suggest what type of programming, such as movies, music, tallk shows and even
specific channels.
Chairperson Chapman stated the AFN Committee recently added three channels and two of them were Christian
channels, Wisdom and I-Life.
CHANNEL DISCUSSION
A. Spanish Channel
Chairperson Chapman passed out a 2000 Profile of General Demographic Characteristics. The channel up for
discussion was an all-Spanish channel; Telemundo, therefore the members discussed the demographics
concerning Hispanic or Latino citizens. Also the members briefly discussed International prouramming.
Committee members discussed the probability of making programming decisions now that would affect the
future residents of Ashland since most contracts were for 5 years and beyond. Committee members asked for
the results of community input and discovered there had been little or no response.
Staff explained the time frame for renewing and initiating new contracts, costs, and the importance of retaining .
and gaining new customers.
Afn Min 102804
Page 1 of 2
The Committee members discussed different options to replace and/or keep Telemundo and explored the
different channels available.
The members discussed how to make changes, respond to the market, and public input.
Committee member Huffiness moved to change the channel, as the current contract of Telemundo' ends, to
'CNN Esp a no/'o Committee member Simms seconded the motion.
Chairperson called for discussion. The Committee members reviewed prior discussion about cost and
replacing programs. The members called for the motion to be restated and the Chairperson called for a hand
vote.
Members in favor: Chapman, Garrett, Huffines, and Sims
Members opposed: Garland, Perkins and Silveous
The motion ,passed with a majority vote.
Committee member Silveous wanted to note in the record she felt the testimony received by the Committee
was not justification to change the channel and to change the channel content from entertainment to news.
The members discussed adding other channels in the future and reviewed original channel suggestions that the
committee recommended when the AFN Committee was established in 1999.
Committee member Garrett left at 6:40.
Chairperson passed out a copy of the local TV schedules from 1998 and there was some discussion about the
channels that have been added by AFN and Charter.
SUB-COMMITTEIE REPORT
A. Technology
Committee member Garland reported the sub-committee met and discussed industry developments,
HDTV, inconsistencies in reporting, combining high speed internet, cable, telephone service and market
trends.
Chairperson explained any member could receive a free subscription to Cable World or view information on line
www.cableworld.coln.
ITEMS NOT ON THE AGENDA
Staff and members discussed wireless access in businesses around Ashland and the surrounding the area.
CUSTOMER COUNTS
Mr. Wanderscheid reported the following counts:
Cable TV 3,182 representing ~ the market.
Cable modems 3,57'5 representing % of the market.
He reported the tar~,ets for next June (05) were 3260 for Cable TV and 3620 for Cable modems and felt AFN would
exceed the targets.
NEXT MEETING DATE
Thursday, January 27,2004 from 5:30-7:00pm.
ADJOURNMENT
Meeting adjourned at 7:10pm
Respectfully submWed by,
Mary McClary,
Assistant to Electric Department
Afn Min 102804
Page 2 of 2
CITY OF
ASHLAND
Ashland Tree Commission
Regular Meeting
October 7, 2004
Minutes
I. Call to Order: Chair Ted Loftus called the Ashland Tree Commission meeting to order at 7:02
p.m. on October 7, 2004 at the Siskiyou Room in the Community Development/Engineering
Services Building at 51 Winburn Way.
Commissioners Present: Ted Loftus
Bryan Holley
Bryan Nelson
Mary Pritchard
January Jennings
Fred Stockwell
Laurie Sager
None
Cate Hartzell (absent)
None
Maria Harris, Associate Planner
Amy Anderson, Assistant Planner
Commissioners Absent:
Council Liaison:
Youth Liaison:
Staff Present:
II. Approval of Minutes: The following correction was noted for the September 9, 2004 minutes.
Page 4, New Items, third paragraph, fifth sentence: Should read "It was noted that there are
about a half of a dozen cork trees in Ashland, but the cork tree is not on the Ashland Street tree
list. bout half a doze in ~'\shland." J enningsIPritchard m/s to approve the minutes of September 9,
2004 with corrections. Voice vote: All AYES, Motion passed. The' minutes of September 9,
2004 were approved as corrected.
III. Welcome Guests & Public Forum:
Kerry KenCairn said she was attending the meeting for the planning application at 116 Lincoln
Street. She said the application would be postponed until the November meeting.
There was a discussion of the Japanese Maple brought to the meeting by Loftus.
Amy Anderson, the new Assistant Planner in the Ashland Planning Division, was introduced to
the Commission.
Camp Kay of Hardwood Tree Service discussed his concerns regarding the water stress he
believes the trees in Ashland are experiencing. There was a discussion of the difference in tree
health and water levels in the Willamette Valley versus the Rogue Valley. There was a discussion
of the change in the climate and built environment impacting trees. There was discussion of
improper water levels and irrigation for trees.
IV. Public Hearinas:
A. PLANNING ACTION 2004-105 is a request for a seven lot Subdivision, Preliminary Pial: approval,
Conditional Use Permit for an Accessory Residential Unit, and an exception to City of Ashland Street
November 4, 2004 Tree Commission Minutes
Page 1 of 5
Standards for approximately 1.75 acres of land located at the southwest corner of the intersection of South
Mountain Avenue and Prospect Street. The application includes a Tree Removal Permit, as well as a
Variance to Off-Street Parking requirements to allow two (2) required off-street parking spaces for the
Accessory Residential Unit to be located on an adjacent parcel. Comprehensive Plan Designation: Single
Family Residential; Zoning: R-1-10; Assessor's Map #: 391 E 16 AD; Tax Lots: 3400,3500 and 3600.
APPLICANT: R & C Investments
A staff report was given describing the project. It was noted the application includes a detailed
Tree Protection Plan, and Landscape and Irrigation Plans for the parkrows adjacent to the South
Mountain A venue and Prospect Street frontages. The Tree Protection Plan identifies 62 trees
greater than six inches diameter at breast height (dbh), and 19 of those trees as being removed.
The site design and Tree Protection Plan were described as focusing on preserving three large
cluster of trees situated throughout the site, as well as the four significant trees adjacent to the
proposed private driveway. The application includes a request for a Tree Removal Permit to
remove three trees greater than 18 inches diameter at breast height (dbh). The three trees include
an 18 inch dbh pine on proposed Lot 3, a 20 inch dbh Madrone on proposed Lot 4 and a 24 inch
dbh pine on proposed Lot 5. The areas of concern raised by staff were noted as being the
proximity of the building envelopes into the driplines of the trees, the impact of street and utility
installation on the trees to be preserved, the extent of the fill into the driplines of the trees to be
preserved on proposed Lots 6 and 7, and the justification for removal of the 20 inch Madrone on
Lot 4.
The Commission received public testimony.
Randall Hopkins, 735 South Mountain. Hopkins noted that the applicant had recently done a
project on Beach Street, and began work without tree protection on site as required. Hopkins
stated that the applicant has a track record of not following tree protection requirements. He
pointed out that the tree protection plan submitted with this application is complicated and
expensive in comparison to the Beach Street project, and questioned the likelihood of
implementation. Hopkins expressed his concern in that the subject site is not visible from the
street, and therefore is difficult for neighbors to monitor tree protection work. He also said he is
concerned about implementation of the tree protection plan in the long term if lots are sold
individually and developed slowly over time. Hopkins said that the excavation permit for the
Beach Street project was issued without the tree protection measures being in place. He
questioned the applicant's absence from the meeting, and suggested that in civil proceedings if a
party is not present the decision goes in the other parties favor.
Rebecca Reid, 1036 Prospect Street. Reid said that the most important issue is the enforcement of
the tree protection plan that is proposed. She agreed with Hopkins in that the lot is not visible.
She said she is concerned about compaction around the trees to be preserved - particularly trees in
northeast comer of site adjacent to Prospect. She pointed out that the electric lines along Prospect
and the pue along western side of the site need to be installed underground. Reid said she is
concerned about the Oak tree (#63 - along west line) on her property near the western site
boundary, and the impact of installing utility lines on this tree. She suggested the approved tree
protection plan measures need to be integrated into the CC&R's. She said this lot has been vacant
at least 5 years and maybe longer. She said she has never seen a tree watered, cared for or pruned.
She questioned the impact of development on trees that are stressed.
The Tree Commission discussed the proposal. There was discussion of the Tree Protection Plan
andl acknowledgement that it was a thorough document. The Commission discussed the approach
of saving clusters of trees, and recognized that this was a good approach. The Commission
discussed the Staff concerns. There was discussion of the building envelopes and the benefit of
moving the building footprints out of the drip line of the tree to provide a buffer to the root system
and tree canopy. There was a discussion of the 20" Madrone on Lot 4, and agreement that the tree
should be retained. There was agreement more information was needed on the utility line location
and. street construction impacts. It was also noted that extra emphasis needs to be given to this
November 4, 2004 Tree Commission Minutes
Page 2 of 5
project in monitoring and enforcement of the Tree Protection Plan. There was a discussion of the
need for mitigation for the removal of the trees requiring a Tree Removal Plan, and agree:ment that
specifics on the mitigation measures were needed.
The Tree Commission made the following reconunendations to the Planning Commission.
Recommendation:
Reconunend continuance of project for following reasons:
1. There is insufficient mitigation for the number of trees to be removed. Provide
mitigation plan.
2. Support reduction of building envelopes to further protect groves of trees that are
very close to building sites, and to provide additional buffering to canopy and root
zone.
3. Support conditions 5, 6, 7,10, 11, 12,"14 - 18 related to implementation of Tree
Protection Plan.
4. Support staff reconunendation that insufficient justification/information is provided
for removal of 20" dbh Madrone on Lot 4.
5. Need utility plan to determine conformance with Tree Protection Plan requirements
of 18.61.200. Address trees that may be impacted by underground installation of
utility lines, including trees on neighboring properties such as Oak near western site
boundary
6. Include tree specific watering plan for during construction, and specific direction in
CC&R's for watering of trees
7. Include Landscape Architect in all pre-construction conference meetings to insure
implementation of Tree Protection Plan.
8. Concerned about impact of new paving of Prospect Street on trees to the north and
south of the street - can alternate method be used? (i.e. alternative paving, french
drains)
The reconunendation was read back to the Tree Conunission by Staff. Loftus asked if there were
any objections to the reconunendation as read. There were no objections and all members
acknowledge that there were in agreement with the items as presented.
B. PLANNING ACTION 2004-129 is a request for Outline/Final Plan and Site Review approval for an
8-lot, 16-unit (eight duplexes) multi-family development under the Performance Standards Option for the
property located at 116 Lincoln Street. Comprehensive Plan Designation: High Density Multi-Family
Residential; Zoning: R-3; Assessor's Map #: 39 1 E 10 BC; Tax Lot: 3800.
APPLICANT: Archerd & Dresner, LLC
This action was postponed earlier in the meeting by the applicant's representative.
V. Action Items
A. Tree of the Year
There was a discussion of running the ballot with the five finalists in the Ashland Daily
Tidings. There was agreement that the Conunission members should pick the five
finalists and email to Staff the following Monday. Then Staff would make writing
assignments to Conunission members, get the paragraphs for each tree back via email,
and prepare the ballot for the newspaper. There was agreement that Stockwell would
continue to take photographs of the five finalists.
November 4, 2004 Tree Commission Minutes
Page 3 of 5
B. Recommendation for Misc. Concrete Projects
There was a discussion of Nelson's recommendations on the draft Misc. Concrete
Project. He suggested mitigating for the removal of the trees by bike shop. On the
Granite Street section, it was noted that the trees are back further (incense cedars). There
was agreement from the Commission members on the recommendations made by Nelson.
It was noted the Tree Commission would like a written response from Public Works
when comments are made on the public works projects.
C. Determine Time to Continue Review of Chapter 18.61
There was agreement that it is necessary to have a separate meeting. The date was set for
October 21 at 7:00 pm, possibly at Sager's office.
VI. DISSCUSSION ITEMS
A. Review Draft Design Professional Ordinance Language
There was a discussion of the draft language prepared by staff (see attached). There was
agreement that the title of this item should be changed to Landscape Installation Inspection.
Under 18.72.020, here was a discussion of how to define "other expert with demonstrable
expertise in landscaping." Using "other qualified landscape professional" was suggested.
Under 18.72.11 O.B, it was suggested the inspections should be "site preparation, tree
protection and final inspection of plant and irrigation installation. Under 18.72.110.E, the
following revision was suggested, "All landscaping plans shall either be irrigated or shall be
certified that they can be maintained and survive without artificial supplemental irrigation."
VII. ITEMS FROM COMMISSIONERS
A. Update and Progress Report on Commissions Goals from Fall 2003
There was a discussion of the goals from 2003, and the perceived progress in addressing
the goals by various members of the Commission. It was suggested that in the next
month or two the Commission should have another goal setting session. There was a
discussion of contributing time outside of the meetings towards working on Commission
goals. There was a discussion of if the Commission should limited efforts to reviewing
planning actions or expand to educational efforts. There was some disagreement as to
whether the 2003 goals have been accomplished. There was a discussion of the
Commission as a group moving forward again after the last year of transition. The next
year's goal setting was discussed, and there was not interest in using an outside
facilitator. There was a discussion of working collectively, or breaking up in smaller
groups to accomplish 2005 goals.
B. Liaison Reports
1) Cate Hartzell, City Council
It was noted that Hartzell was not present due to a forum for candidates for
office being held at the same time as the meeting.
November 4, 2004 Tree Commission Minutes
Page 4 of 5
2) January Jennings, Forest Lands
Jennings said the meeting is next week, and therefore she didn't have anything
to report. She asked the Commission for direction on what she was supposed
to accomplish by attending the meetings. She said she attends the meetings,
but isn't asked to do or say anything. She added that she feels ]like she is
wasting time. There was agreement from the Commission that that Jennings
would go to meeting next week, report back, and then discontinue attending
meetings.
There was a discussion of a Commission member possibly going to the Parks
Commission meetings and other advisory commission meetings such as
Historic Commission.
3) Donn Todt, Parks
No report was given.
C. New Items
There was a discussion of determining three species for street trees for use on Lithia Way
- as suggested by Don Todt.
It was noted the ISA pamphlets need to be replaced in front office.
D. Current Balance $750
VII. ADJOURNMENT
November 4, 2004 Tree Commission Minutes
Page 5 of 5
CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
HEARINGS BOARD
MINUTES
OCTOBER 12, 2004
I. CALL TO ORDER
Mike Morris called the Ashland Planning Commission Hearings Board to order at 1 :45 p.m. on October 12, 2004 in the Civic
Center Council Chambers, 1175 E. Main Street, Ashland, Oregon.
SOU Liaison:
High School Liaison:
Staff Present:
Mike Morris
Michael Dawkins
Allen Douma (arrived at 2:00 p.m.)
None
Alex Amarotico (Council Liaison does not attend Plarming Commission meetings in order
to avoid conflict of interest.)
None
None
Bill Molnar, Senior Planner
Maria Harris, Associate Planner
Sue Yates, Executive Secretary
Commissioners Present:
Absent Commissioners:
Council Liaison:
II. APPROVAL OF MINUTES AND FINDINGS - Douma/Dawkins m/s to approve the minutes of the September 14,2004.
Voice Vote: Unanimous. Douma/Dawkins m/s to approve the Findings for PA2004-115, 724 Iowa Street, Kaufman. Voice
Vote: Unanimous.
III. TYPE I PLANNING ACTIONS
A. PLANNING ACTION 2004-127
CONDITIONAL USE PERMIT FOR THE EXPANSION AND STRUCTURAL ALTERATION OF THE NON-CONFORMING GARAGE
STRUCTURE LOCATED AT 108 SEVENTH STREET (ADJACENT TO "C" STREET).
APPLICANT: MATT STORMONT, NEW HEIGHTS DESIGN
This application was administratively approved. however, the Historic Commission had a number of design issues. If the
Hearings Board feel there are items that require further discussion, then Staff would recommend calling it up for a hearing next
month. He believes the applicant is anticipating a postponement. Douma/Dawkins m/s to call this action for a public hearing
next month. Roll Call: Unanimous.
B. PLANNING ACTION 2004-113
REQUEST FOR MODIFICATION OF A PREVIOUSLY APPROVED SITE REVIEW PERMIT TO CONSTRUCT A TWO-STORY, 22,000
SQUARE FOOT ADDITION OF LABORATORY AND OFFICE SPACE TO THE NATIONAL FISH AND WILDLIFE FORENSICS
LABORATORY LOCATED AT 1490 EAST MAIN STREET. THE APPLICANTS ARE ALSO REQUESTING A CONDITIONAL USE
PERMIT FOR AN ADDITION NOT ALREADY NOTED WITH THE SOUTHERN OREGON UNIVERSITY MASTER PLAN.
APPLICANT: USFWS NATIONAL FORENSICS LABORATORY
Douma asked if the additional capacity capability of the lab would reflect any additional or different kind of evaluations going
on. Is it possible they will be bringing significantly dangerous materials? He would like to make sure there would be a full
discussion about this so there is no second guessing later on. It would be to the advantage of the Forensics Lab also.
Molnar said we could utilize Conditions 12 and 13 to get more information such as a complete list of chemicals and
pathological wastes to make sure the lab is coordinating with City systems in terms of how they are discharging the waste.
Douma wanted a guarantee that Phase 2 would happen. Molnar said Condition 11 covers that question.
This action was approved.
IV. TYPE II PUBLIC HEARING
PLANNING ACTION 2004.110
REQUEST FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A NEW SINGLE.FAMIL Y RESIDENCE ON THE PARCEL LOCATED
AT 150 CHURCH STREET WITH A PROPOSED TOTAL FLOOR AREA IN EXCESS OF THE MAXIMUM PERMITTED FLOOR AREA
(MPFA) ALLOWED BY ORDINANCE. THE MAXIMUM PERMITTED FLOOR AREA FOR THE PARCEL IS 3,249 SQUARE FEET, WHILE
THE PROPOSED RESIDENCE IS 3,557 SQUARE FEET OR 9% GREATER THAN ALLOWED BY ORDINANCE.
APPLICANT: ROBERT 1M. SALADOFF
Site Visit or Ex Parte CClntacts - Site visits were made by all.
STAFF REPORT
Severson said this application was initially approved as a Type I. Two letters were received calling the action up for a public
hearing. Staff believes the initial approval should stand and the additional 308 square feet is justified. The design uses the
topography well, limits the mass to the street, steps the remainder of the building down slope and conceals the remaining mass
behind the building. The scale works with the lot and the additional area is concealed to the degree it preserves the streetscape.
The Historic Commission reviewed it last month and their discussion centered on the fact the applicant could have constructed
a 3,249 square foot stnlcture at the street and instead proposed 2,157 square feet of mass in order to preserve the streetscape in
the historic neighborhood with the remainder down slope. The alley is the primary access for the project and is a requirement
of the partition creating this lot. Two letters were received in support of the application. The removal of the oak tree occurred
under a properly processed Tree Removal Permit. With regard to the run-off concern, building code will require that the
applicant not direct run-off to neighboring properties but will have to go into the storm drain system. Staff recommends
approval with the attached Conditions.
PUBLIC HEARING
ROB & SUSAN SALADOFF, 1290 Munson Drive
Rob noted two points of the maximum house size ordinance. One purpose of the ordinance is creation of a graduated scale that
can accommodate larger homes on larger lots. He did a survey (copy to Commissioners) that looks at all the residential
properties within a quarter mile radius of their house. The documentation lists all the properties. He found the average floor
area ratio (FAR), ratio of house size to lot size, on an acre basis in the neighborhood average was .19 and their proposed
development is .20, slightly above the average. There are more properties with a higher FAR ratio in their quarter mile
neighborhood than their proposal. .
Saladoffbelieves they meet the ordinam;e to exceed the maximum house size because they have a 27 foot setback from the
front property line. They have used a mix of materials. They have used low sloping and deep overhanging rafters, and a
number of bump outs and recesses that give modulation to the fa9ade. The front volume composes about 2500 square feet of
the whole house an is connected in the back with a one-story volume that turns toward the sun and picks up views of Mt.
Ashland and is set quit(~ a distance off the street. It helps break up the elevation from the street. The overall height of the house
is 27 feet, the maximum is 30 feet. They are in the sloping line coming down Church Street, looking at the tops of roofs.
There will be a parking area in the rear for three cars off the alley. There will not be a garage. They will gain access to the
house through the back or the side.
Susan said they tried with the design of this house to have a house that fit nicely into the neighborhood. The lot has been
empty for a long time and they realize the neighbors are going to miss the empty space that is there now. They are not
blocking their side neighbor's view ofMt. Ashland. They wanted to preserve the 100 year old oak tree. One tree has been cut
down because two arborists told them if they built this house, the tree would fall down on top of it. The location of the pool is
not relevant to this action. They are taking care of the storm drainage with an easement with the neighbor. Their lot is 17,000
square feet. The house will be in proportion to the lot size.
Dawkins said at some point in time, we need to look at how big houses are. It is important how it blends in with the
neighborhood. He doesn't feel the other house sizes are relevant because they were built before the ordinance went into effect.
Susan said this house dt~sign fits with the intent of the ordinance. Rob said that was an issue at the Historic Commission.
Susan said the ordinance has the exception.
BILL EMERSON, 90 Fifth Street, is speaking on behalf of Doug Whitney, the neighbor to the east. Whitney has already stated he
is in favor of the application. He likes the size and believes the streetscape works. He handed out a photo. There is a tree on
Whitney's property. The drip edge is just to the edge of the house. The landing for the basement is about two and one-half to
ASHLAND PLANNING COMMISSION 2
HEARINGS BOARD
MINUTES
OCTOBER 12, 2004
three feet below grade. The concern is the root system of the tree. An arborist said the roots were more on the uphill side.
Could a small part of the basement be cut away with post and pier construction and the landing placed a little further from the
tree? The tree has a 24 inch diameter.
JIM WILLIAMS, 160 Church Street, lives next to the Saladoffproperty. In general, he believes the design is fine. He is opposed
to the CUP because of traffic congestion on the alley. He is upset the existing oak tree was cut down. And, the applicant
should designate a tree planting area in the location of the dripline of the fallen oak. His related his experience with the
remodel of his Victorian house. He said a planner told them their 17 percent request for an increase in the maximum house
size would never be approved. He wants the ordinance to be administered fairly.
MARK AND CICI BROWN, 151 Church Street, read a letter from David Hoxie, 174 Church Street. Mark said the Engineering
Department wrote that the Church and Scenic intersection is the most dangerous intersection in Ashland. The Browns will be
impacted by any additional vehicle trips. They are directly across from the entrance to the alley.
Cici said the timing of the removal of the oak tree was of concern to her. The wood from the tree was not milled, but cut into
firewood. The applicants have justified exceeding the square footage saying they entertain a lot. That means more cars going
up and down the alley. It seems more appropriate for access to be from the roadway rather than the alley.
LEW NASH, 88 Baum Street, said the lot size is not an issue. The rear appendage of the proposed house is oVI~r 1900 square feet.
They are asking the Commission to hold the Saladoff s to the limit as established. The application is flawed. There was a
certification on an application that the factual information was adequate and supported the excess size. Nash submits that is
not true. On the initial application they listed ten properties as samples of the neighborhood norm. He calculated the average
house size of 2,932. The sample omits properties that are very small. After doing his own survey, he came up with 1,708
square foot as an average home size of the ten homes in the same block as the proposed construction. Thesl~ are just the houses
on Church Street, Scenic and down High Street. The average of 23 houses is 2,116 square feet. Is the limit appropriate for this
kind of neighborhood? It is more than generous. The house is massive in scale and is well oversized and should not be
allowed.
He submitted a petition of 15 neighbors opposed to the application.
MELODY AND JEFF JONES, 79 Pine Street, lives next to the alley. Melody said the maximum house size ordinance is based on
thought out criteria. By asking for an increase in size, it diminishes the integrity of the ordinance. It took the LTM truck four
tried to get up the alley this morning. If construction trucks can't get up, she doesn't know how the alley can withstand more
traffic.
Jeff said he never got one word of a house or a tree being cut down. He is concerned with alley access especially if they
entertain. The increased traffic will create a more dangerous situation for his child. He requested they deny the request for the
additional size and that the access be moved back up to Church Street.
ROBERT BURSTEIN said he had two other arborists look at the oak tree. There were so many spikes driven in it, that it would
have been very dangerous to cut it into wood. That was a big concern of the Saladoffs.
Rebuttal
Saladoff said the parking was dictated by City requirements. It is posted No Parking even front of their house. It was part of
the partition requirements. They are planning to do a lot of landscaping and plantings.
Staff Response
Molnar said the Street Standards direct opportunities for access from an alley in conjunction with a partition. The access is not
part of the application.
COMMISSIONERS' DISCUSSION AND MOTION
Severson noted there is a report from Upper Limb It (arborist) stating the tree was decayed and would recommend removal.
The tree removal is not part of this application.
Molnar said under the CUP, they could entertain changes to ensure the health of the neighboring tree.
The Commissioners had considerable discussion and confusion about the criteria to follow for the maximum house size.
ASHLAND PLANNING COMMISSION
HEARINGS BOARD
MINUTES
OCTOBER 12, 2004
3
Molnar explained the Conditional Use Permit directs the Planning Commission to relate the application to the "impact" area.
That is generally defined as the notice area (200 feet within the boundaries of the subject parcel), On appeal, if it was raised,
that would be the relevant area.
Dawkins said the only issue for him is "size creep." He is very much in favor of size caps. He's watched this town creeping
for 58 years. Last month they had their first hearing for maximum house size. He found evidence to be somewhat compelling
to allow the CUP, but he had huge reservations. He believes the ordinance is generous. When you are looking at the scale of
the entire neighborhood, he can't really look at lot size. It is a good design but he can't approve it and will say no unless it is
hugely compelling to approve it. His hope is that they will stand finnly together on size limitations in Ashland.
Morris said this is the second time we have seen the maximum house size request. The issue he has with the ordinance is that it
is a bulk and scale ordinance but it directed toward square footage. He cannot correlate square footage to bulk and scale. The
square footage doesn't address the bulk and scale at the street. You can take square footage out and end up with a much
bulkier building or a building that does not fit. To allow the CUP to go up to 25 percent larger has to fit with how the building
fits in. The Historic Commission reviewed this according to how it appeared from the street and it fit in on the streetscape. He
believes more guidelim~s are needed for this ordinance. Dawkins agreed.
It is not clear to Douma what the ordinance is trying to accomplish other than leaning toward size. Does it fit in (to the impact
area)? The applicant has done a good job of designing into the landscape.
Molnar said the intent of the ordinance was to establish a figure and then give a relief valve (CUP) and it is compared with the
target use for the property. In this case, it is a single family residence at 3,250 square feet. Does the extra 308 square feet have
an adverse impact on the livability of this neighborhood when looking at bulk, scale and lot coverage? Each application is a
little different and it will be a struggle to make a decision. The Historic Commission focused on the two standards with
specifics toward streetscape. They are required to look at the criteria and forward their recommendation to the Planning
Commission. They have given a fairly clear recommendation. Molnar added that "compelling reason" is usually more for a
Variance situation. CUP's are a little more free-flowing.
Should this application be heard before the full Commission? Straw Vote: Dawkins voted "yes" and Douma and Morris voted
"no. "
The Commissioners had a difficult time knowing what decision to make. Should it be heard before the full Commission?
Should it be denied? Should it be approved? Is the applicant willing to extend the 120 day limit? The Commission did not
want to hold the applicant up in the process.
Dawkins moved to deny PA2004-114. The motion failed for a lack of a second.
Morris moved to approve PA2004-114. The motion failed for a lack of a second.
They asked the applicant if they were willing to extend the 120 day rule. Molnar said the Findings could be ready to adopt at
the meeting in two weeks. The Saladoff's did not wish to extend the 120 days. They asked that the Commissioner's decision
not be prejudiced and make a decision based on the merits of the project.
Douma stated he doesn't have a reason to vote against the proposal. That is assuming that having up to 25 percent must be
coming from our elected officials thinking there are reasons why an additional size is allowed. He doesn't know what should
or could ever allow for a percent increase. The reason for his vote is to move the process forward. He is hoping an appeal is
not onerous for those that wish to appeal. If we vote to approve the project to move it forward that it will not prejudice anyone
at any level to think this was a 2:1 vote in favor. Douma/Morris m/s to approve PA2004-114.
Dawkins will vote to deny based on the criteria 1 - similarity in scale, bulk and coverage. Douma would have concurred with
Dawkins' statement if the Historic Commission had not already weighed in with an ordinance that came out of their impetus.
Severson asked if the Commissioners wanted to address the tree. Dawkins feels it is important and hoped the Saladoffs would
take it into consideration.
Morris said if the Council really wants to identify bulk, scale and coverage, they can't really be defined in this ordinance. He
would hate to have an appeal to clarify an ordinance. He is afraid the Council will not clarify it and we will go through it
again. There are no criteria that seem to be valid based on our CUP that apply to this ordinance.
ASHLAND PLANNING COMMISSION 4
HEARINGS BOARD
MINUTES
OCTOBER 12,2004
Voice Vote: The motion carried with Douma and Morris voting "yes" and Dawkins voting "no."
PLANNING ACTION 2004-114
REQUEST FOR A CONDITIONAL USE PERMIT AND SITE REVIEW TO CONVERT THE EXISTING RESIDENCE LOCATED AT THE
FRONT OF THE PROPERTY AT 659 LIBERTY STREET INTO AN ACCESSORY RESIDENTIAL UNIT (ARU) WHILE CONSTRUCTING A
NEW 2 % STORY 2,325 SQUARE FOOT RESIDENCE AT THE REAR OF THE PROPERTY. A PHYSICAL CONSTRAINTS PERMIT IS
REQUIRED FOR THE CONSTRUCTION OF A PORTION OF THE DRIVEWAY AND ENTRY PORCH UPON HILLSIDE LANDS (1.E.<25%
SLOPE).
APPLICANT: Philip Weiss
Site Visits and Ex Parte Contacts - Site visits were made by Dawkins and Morris.
STAFF REPORT
Molnar explained the request as outlined in the Staff Report. The proposal is to construct a larger residence at the back of the
property and access it from a new driveway and the CUP request is to allow for the existing residence to function as an
accessory residential unit and the primary residence located at the rear of the property. It is a little unusual because of the
sequence of construction. Similar applications have been approved. However, the Planning Commission denied a similar
application in 1991. The Commission believed the reference to the primary residence meant the existing residence at the time
of application. This Hearings Board can judge this application on its own merits.
Staffs guidance to the Hearings Board is to apply the CUP criteria on the project as a whole and the surrounding property.
There are some issues raised by the neighbors (included in packet). Some issues refer to scale, lot coverage and architectural
compatibility. The project is a little larger than the rest of the neighborhood, but within the target use of the: zone on an
oversized lot. The highest point at 27 feet complies with solar access. It was the applicant's intent to make the building
architecturally unique. He has tried to divide the house up into different volumes. Is the primary residence out of character?
Is building the primary residence behind the existing structure appropriate?
There is a request for a Physical and Environmental Constraints permit. They have had a geological investigation of the
property and it is stable. The report suggests long-term erosion control measures.
Should the Commission choose to approve this proposal, eight Conditions have been added.
PUBLIC HEARING
RICK VEliE, 208 Oak Street, Suite 204, project designer, said the points brought up by the neighbors were addressed in the
application. He noted that on Page 3 of the Staff Report, that Staff preliminarily approved the application. Vezie met with
Staff in January of2001 and they designed the existing front house so it would be an accessory residential unit. Staff never
implied approval was guaranteed. The project was not created in a void. It was created with Staff input and a great deal of
sensitivity to the site.
Unusual accessory residential units happen. The term primary residence is not defined in the Land Use Ordinance. AMC
1.04.020. Grammatical Interpretation - "Use of word and phrases not specifically defined shall be construed according to the
context and approved usage of the language." The dictionary first defines the word "primary" as first or highest in rank,
quality or importance; principle. The intent of the ordinance is clearly meant to define "primary" as first or highest in rank,
quality or importance. There are no other references in the ordinance to construction sequence. What poss.ible difference
would it make if one structure were built four years before the other? All references in the ordinance distinguish from a
primary residence by size of the structure.
The subject lot is larger than the surrounding lots. They felt a more contemporary house would be built to the rear of the lot
and not be as visible to the neighborhood. They have tried to be architecturally compatible with the site. The lower floors are
notched into the hillside due to grade. Architectural compatibility can be difficult to quantify especially in a neighborhood
with such a broad range of architectural styles. The applicant chose to build a more traditional home along Liberty Street and
his larger more contemporary home on the rear portion of the lot.
KAY MASER, 800 Clarence Lane, said she is adjacent to subject property. The neighbors have outlined several objections. It is
massive and out of scale. When built, the north elevation will look like a medical building. All other houses are 60's and 70's
style and much smaller. It is totally out of scale with the rest of neighborhood. This house will completely 100m over her
neighbor, Carol Bue who lives in a 1200 square foot house. The accessory unit has a complete kitchen. Their intent in the
ASHLAND PLANNING COMMISSION 5
HEARINGS BOARD
MINUTES
OCTOBER 12, 2004
beginning was that would be the principle residence. She said Weiss is building this structure on a 25 percent slope. Weiss has
cut trees and this will cause a drainage problem down the hill. She believes this is establishing a dangerous precedent in her
neighborhood.
BARBARA ZOLLINGER, 801 Clarence Lane, said her concern is for her neighbor at 812 Clarence Lane. The solar setbacks are
being abused. Where will the height of structure end up? How can an already determined existing primary residence be newly
turned accessory? Tht: proposed house is huge as is the driveway. She already gets too much drainage and she has a state of
the art drainage system. Did Weiss have a permit to cut down the trees?
Staff Response
The solar is under Class B, allowing a 16 foot high shadow to be cast on the north property line. It is within the ordinance. The
designer has included lthe calculations. The existing residence is allowed to have a full kitchen. Molnar understands the trees
wer.e removed but exempt from the tree removal permit, unless it triggered a Hillside permit.
Dawkins said there are going to be two houses there. He can't see that as an accessory residential unit.
Rebuttal
Vezie explained the inltent of the solar ordinance. It allows us to apply height restrictions in a reasonable way. They will
comply with the drainage. Their application shows why and where the trees were removed. He showed photos of the
neighborhood. They are not trying to hide a house. They don't want the lot to appear like it is clogged with homes. It is a
large lot. They are not asking for any variances.
PHILIP WEISS said he purchased the house 15 years ago. It was always his intent to build his dream house. He specifically
made the small house JlOOO square feet. If he loses the ability to build his house because of the order in which they are built, he
would have built the big house first.
Dawkins has heard "design and mass" all the way through this. He would agree with what the neighbors have said about it.
It's very clinical looking and architecturally stark. However, he can't deny it for that reason. Weiss said it would be nicely
concealed on the lot. It is true that the neighbor on Clarence Lane has had a meadow behind her for years and he realizes it is
going to change for her.
Morris said nowhere in 8 l/2x11's show the height and distance to property line. Vezie said it is approximately ten feet to the
deck and ten feet to the greenhouse. Much of the volume of the house will disappear into the hillside. Dawkins can see how it
is going to be stepping up the hill. He believes it meets the criteria. Morris agreed. Architecture is the main issue and
defining what the impact area is. A Victorian would be the same elevation or worse. Douma/Morris m/s to approve P A2004-
114 with the attached Conditions. Roll Call: Unanimous.
IV. ADJOURNMENT - The meeting was adjourned at 6:00 p.m.
Respectfully submitted,
Susan Yates, Executive: Secretary
ASHLAND PLANNING COMMISSION
HEARINGS BOARD
MINUTES
OCTOBER 12, 2004
6
CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
REGULAR MEETING
OCTOBER 12, 2004
MINUTES
I. CALL TO ORDER
Chair Russ Chapman called the Ashland Planning Commission meeting to order at 7:05 p.m. on October 12,2004 in the Civic
Center Council Chambers, 1175 East Main Street, Ashland, Oregon.
COMMISSIONERS PRESENT:
ABSENT MEMBERS:
COUNCIL LIAISON:
HIGH SCHOOL LIAISON:
SOU LlASON:
ST AFF PRESENT:
Russ Chapman, Chair
Mike Morris
Kerry KenCaim
Marilyn Briggs
Allen Douma
Olena Black
Michael Dawkins
Dave Dotterrer
John Fields
None
Alex Amarotico (Council Liaison does not attend Planning Commission meetings
in order to avoid conflict of interest.)
None
None
John McLaughlin, Planning Director
Bill Molnar, Senior Planner
Maria Harris, Associate Planner
Sue Yates, Executive Secretary
II. ANNOUNCEMENTS - There will be a study session on October 26, 2004 at 7 :00 p.m. to discuss some draft issues
regarding the development of an economic strategy for implementing the policies in the Economic Element.
There will be a Planning Commissioner's "Chat" on October 26,2004 at the Community Development and Engineering
Services building from 3:30 to 4:30 p.m. The public is welcome to attend.
John McLaughlin introduced Amy Anderson, Assistant Planner.
III. APPROVAL OF MINUTES AND FINDINGS
DoumalBriggs m/s to approve the minutes of the September 14,2004 meeting. Voice Vote: Approved unanimously.
Morris/Douma m/s to approve the Findings for PA2004-115, 724 Iowa, Dave and Jamie Kaufman. Voice Vote: Approved
unanimously.
V. TYPE II PUBLIC HEARING
IV. PUBLIC FORUM - No one came forth to speak.
PLANNING ACTION 2004-116
REQUEST FOR SITE REVIEW, OUTLINE AND FINAL PLAN APPROVAL AND A TREE REMOVAL PERMIT TO CONSTRUCT A MIXED-
USE COMMERCIAL BUILDING (GROUND FLOOR RETAIL - UPPER FLOOR RESIDENTIAL) AND EIGHT FOUR.PLEX APARTMENT
BUILDINGS LOCATED AT 2205 ASHLAND STREET (ADJACENT AND WEST OF MCDONALD'S RESTAURANT).
APPLICANT: ARCHERD & DRESNER, LLC AND RED CO, LLC
Site Visits and Ex Parte Contacts
KenCaim and Fields each had a conflict of interest and stepped down for the hearing. Dotterrer watched the videotape of the
meeting, read the materials and had a site visit. Site visits were made by the remaining Commissioners.
STAFF REPORT
Molnar said this hearing is a continuation from last month. The Staff Report addendum identifies the major points of
discussion and provides clarification. The primary reason for delaying a decision was to give the Oregon Department of
Transportation (ODOT) an opportunity to review the traffic impact analysis submitted by the applicant. ODOT reviewed the
traffic impact analysis and two letters from ODOT are included in the packet. The two areas of interest included the impact of
the intersection at Clay and Ashland Street and what type of design is needed in the center of Ashland Street in order to
manage access in and out of the center median from the project. These issues are reviewed in the Staff Report and ODOT's
recominendations have been included in the Conditions of approval.
Recreation space was another item from last month. The revised site plan shows the primary configuration of the buildings has
stayed intact. The applicants have identified larger key recreation areas. The minimum for rear yard lawn areas should be a
minimum of ten feet. It has been included as a Condition. They have identified almost 18 percent as meeting the definition
for outdoor recreation spaces.
The multi-use path was not clearly identified on the first plan. There is an existing concrete public pedestrian walkway cutting
through Birchwood subdivision. The applicants have identified a connection in either striping or a different paving material
that ultimately leads to the existing connection at the rear of McDonald's.
The buildings have bet~n redesigned to comply with solar access. The 19 foot distance between the buildings will still cast too
much of a shadow. The other possibility would be to attach the buildings. A condominium creates individual airspaces, not
individual tax lots. The homeowner's association owns all the improvements. That allows for only one north property line and
the solar access ordinance is based on how much shadow is at the north property line. The applicants would like to plat the
project as a condominium project. One-fourth of each four-plex could be sold independently of each other. They are agreeable
that 25 percent of the eight units are affordable in perpetuity. Will the units be for-purchase or rentals?
Last month there were comments from the neighbors about sight and sound barriers. The buildings will be a minimum of 30
feet to the buildings in Birchwood. That seems an adequate setback. The applicants have been willing to make changes to
their landscaping plan to address views and the placement of deciduous trees.
With regard to truck traffic, the current A Street Hardware store owner said they anticipate two semi-truck deliveries per week.
The applicants have designed the Clay/Ashland Street intersection to allow for a future right hand turn lane. A Condition is
included that the applicants agree to participate in a LID for additional improvements to Clay Street. There is also a Condition
that the applicants put up 50 percent of the cost associated with a multi-use path through the ODOT property. The applicants
are agreeable to doing the center median improvements as well as the other street improvements along Clay and the access
road.
Staff has identified 21 Conditions if the Commission decides to approve the project. Molnar suggested an amendment to
Condition 20 to include "as ~ell as bike lanes and the construction of a right turn lane."
Briggs asked for a meeting to discuss condominiums not being subject to the solar access regulations. It seems like it is
circumventing the intent of the solar ordinance.
The pathway leading to Birchwood is a public pedestrian easement and it is not within the purview of the Planning
Commission to keep the fence closed. The whole private street is blanketed with a public pedestrian/bicycle easement in order
to allow people to come through the project.
Black and Dotterrer expressed concerns with regard to the 22 foot driveway aisle and do not want to see traffic flowing through
the development. Molnar said the applicants have agreed to blanket the two-way driveway aisle with a public access easement.
The main street system of the area to the north that will be developed in the future will have connections to Clay and to the
north development. The street in the proposed development would be so circuitous for most motorists that they would not use
the street. But having a public easement and connecting it to the project would allow pedestrian and cyclists to go between the
two projects and for limited autO' access. Connectivity to adjoining properties is required under the Performance Standards
Option if there is development potential. McLaughlin added that the Transportation Plan calls for alternative routes even
though it will be discouraged as a primary route. .
PUBLIC HEARING
RUSS DALE, 535 Allison and EVAN ARCHERD, 550 East Main Street
ASHLAND PLANNING COMMISSION
REGULAR MEETING
OCTOBER 12, 2004
MINUTES
2
Archerd said the affordable units would probably be one one-bedroom unit in each building. It is their intent to rent the units
for a long period of time. Going to condominiums has to do with platting of the entire project. The number of easements, the
number of cross easements, setback issues, and building code issues, are more easily solved if this was a condominium where
the lot is not being divided. Incidentally, it helps the solar issue.
Briggs would rather see the pedestrian walkway run farther to the east and not pass by private residences. Archerd said it was
Staffs feeling that the direct connection to the McDonald's opening was best served by leaving it where it was. Molnar said
Staff sees this as more of a neighborhood component. Having it run through the commercial parking lot area felt l*e an
inherent conflict. It did not make it as secure, direct or viable for the residents.
Dawkins said the one bedroom affordable rental would be just for one person or a couple. It is his hope they would have a mix
to allow a family to rent a unit. Dale responded that there would be six two-bedroom affordable units in the: development down
the street (Bud's Dairy).
Douma would rather not see the connection with the Birchwood subdivision. There are already plans to put a sidewalk
halfway along the south side. He also does not want to see a path going through the proposed residential an:a surrounded by
garages and two-story buildings. It is not a safe environment.
Black expressed her concern regarding traffic circulation. She believes because of the pressure development is putting on this
residential street, there is an onus on the project to improve the street to Ashland Street on both sides.
Archerd assumed that Condition 2 meant to say, "A final design shall be reviewed and approved prior to building permit or
final plat." Staff agreed.
CHERYL WOLOHAN, Board of Directors, Birchwood Homeowner's Association, 2157 Birchwood Lane, said the association has a
big concern about a public easement on east side. Kids jump the east side fence and west side fence and are using the raised
curbs for skateboarding. They leave their trash. Homeless people are sleeping on the benches. They have had drug dealers
who run through the area and knock on their doors. It goes on all the time. Residents are older and feel threatened by this.
She saw the plan where the applicants would put the path on the south side of the fence. That would be better for the
neighbors.
ART TETRAULT, 500 YMCA Way, Apt. 207, Ashland, OR 97520, said he resides at the Don Lewis Retirement Center. He read a
letter he submitted for the record explaining how the residents of the retirement center will be peering down on the residences
in the development. He wondered how the developers would protect the privacy of the retirement center and the proposed
residential structures. He proposed a solution of closely planted evergreen trees along the viewing area.
Staff Response
Molnar said Brandon Goldman is the City's fulltime Housing Coordinator. He has worked with the City Attorney in preparing
certain types of legal instruments that are recorded on these projects so when properties are exchanged, we are notified. Weare
a little concerned if they are'going1:o be affordable rentals or affordable for-purchase. If they were rentals, we would expect
the applicants' legal team to assist our legal department to work out appropriate agreements to let us know when a rental might
be sold. If they are rentals they need to be available to households that do not exceed 80 percent of the area median income. If
they are for-purchase they have to be sold at a price not exceeding 120 percent of the area median. McLaughlin added that the
affordable units could be sold to an investor and he/she does not have to qualify, but it would have to rent perpetually to a
qualified renter. It is a requirement that the agreements have to be in place before the plat is recorded (Condition 14).
Briggs disagreed with Staff regarding the path through the proposed units. It is not a neighborhood. It is one lot. She believes
the public should go around the edge of it rather than through it. The path shouldn't be under residents' windows or adjacent to
their garages. Douma strongly agreed with Briggs. McLaughlin said that would put the walkway against the private patio and
outdoor space rather than the space where the cars go. Briggs would like it laid out as follows: patio, landscaping, pathway,
parking. McLaughlin said Staff would work with that idea.
Rebuttal
Archerd said if they create a paved path in the area suggested by Briggs, it will increase the impervious surface and will likely
put them over the maximum impervious surface they are allowed. The units at the south end face onto about a ten foot
landscaped yard with a row of trees protecting them from the parking area of the commercial building, giving those units a
sense of space. As another alternative, they could put the path down the middle of the commercial parking lot giving a direct
route.
ASHLAND PLANNING COMMISSION 3
REGULAR MEETING
OCTOBER 12, 2004
MINUTES
Archerd asked that language be added to Condition 20 taking into account the improvements they are currently making. They
will have incurred significant costs to make the half-street improvement. There should be a sentence included so they don't
forget five years from now that they already contributed.
COMMISSIONERS' DISGUSSION AND MOTION
Modify Condition 2 to read, "A final design shall be reviewed and approved prior to building permit or final plat." Also,
Changes to Condition 20, "improvements to include bike lane, right-hand turn lane, taking into account the half-street
improvements the applicants are building along Clay Street as part of this project."
Dotterrer/Douma m/s to approve P A2004-II6 with the changes made to Conditions 2 and 20.
Black continued to express her concerns regarding traffic circulation, that it is inadequate, particularly from east to west. She
does not believe transportation has not been adequately met.
Add to Condition 8 that the location of the pedestrian pathway be redesigned to go through the commercial parking area.
Molnar suggested wording for a Condition 22, that the location of the pedestrian pathway be redesigned to go through the
commercial parking area.
In response to Black's concerns, Molnar referred the Commissioners to Exhibit S-I in the last Staff Report. The access drive is
proposed to be a public: street with the installation of the public sidewalk along the north side of the new street. Right before
the bend, cross the street and install a sidewalk all the way to the intersection of Ashland Street. They are proposing it on one
side. Ashland Street Sltandards are two sides. Dotterrer does not believe they need it on both sides and suggested adding in
parenthesis to Condition 9 "(parking and sidewalk on one side)."
Roll Call: Morris, Douma, Chapman, Briggs, Dawkins and Dotterrer voted "yes" and Black voted "no".
KenCairn and Fields re-joined the meeting.
PLANNING ACTION 2004-105
REQUEST FOR A SEVEN LOT SUBDIVISION, PRELIMINARY PLAT APPROVAL, CONDITIONAL USE PERMIT FOR AN ACCESSORY
RESIDENTIAL UNIT, AND AN EXCEPTION TO CITY OF ASHLAND STREET STANDARDS FOR APPROXIMATELY 1.75 ACRES OF
LAND LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF SOUTH MOUNTAIN AVENUE AND PROPSPECT
STREET. THE APPLICATION INCLUDES A TREE REMOVAL PERMIT, AS WELL AS A VARIANCE TO OFF-STREET PARKING
REQUIREMENTS TO ALLOW TWO (2) REQUIRED OFF-STREETE PARKING SPACES FOR THE ACCESSORY RESIDENTIAL UNIT TO
BE LOCATED ON AN ADJACENT PARCEL.
APPLICANT: R & C INVESTMENTS
Site visits and Ex Parte CDntacts - Site visits were made by all. Chapman lives one block from the property but he assured the
applicant and his colleagues that he will be able to hear the application fairly and impartially. Morris lives almost across the
street from the property but will not have a problem being impartial.
STAFF REPORT
Harris reviewed the application and described the site as outlined in the Staff Report in the packet. She showed photos of the
property. In general, Sltaff is supportive of the direction the project has gone. It is a complex site. Prospect is relatively narrow
with steep slopes on the north side and the west end necks down to about 24 feet. The right-of-way on S. Mountain is about 53
to 54 feet wide and it has shifted. Staff would recommend continuing the hearing because more information is required before
the application meets the approval criteria, specifically for the Tree Removal Permit, Conditional Use Permit and the Variance.
Harris said usually the Commission reviews applications under the Performance Standards using Outline Plan (conceptual
phase) and Staff reviews the final engineering at Final Plan approval. The Subdivision Chapter approaches the review all in
one process. Staffs main concerns are highlighted in the boxed areas of the Staff Report. Harris reviewed each of these items.
The Tree Commission reviewed the application at their meeting last week and they made eight recommendations that are
included in the packet.
There are letters in the packet from neighbors. An e-mail was handed out from Phil Philips received on October 11, 2004 and a
memo from Chris and Nikki Cotton.
ASHLAND PLANNING COMMISSION 4
REGULAR MEETING
OCTOBER 12, 2004
MINUTES
There are still some important details in the application that need to be addressed to show the application ml~ets the findings for
a Tree Removal Permit, a Tree Protection Plan, the Conditional Use Permit and,Variance. There are 20 suggested Conditions.
The Commissioners had several questions of Staff and the following information came from those questions.
1. Reconfigure Prospect to get 22 feet of width, curb-to-curb for the majority of the street. Probably the most obvious
solution would be to alter the sidewalk.
2. The finished grade of the driveway that turns into a hammerhead is 15 percent, the maximum under City standards.
The applicant is showing fill slopes on either side.
3. Prospect Street will have curb, gutter, sidewalk, and a planting strip except where it transitions to a curbside sidewalk.
More parking could be gained by removing the planting strip in the narrower area.
4. Tree Commission's recommendation 8 - Concerned about impact of new paving of Prospect Street on trees to the
north and south of the street - can alternate method be used? The Tree Commission was looking at the clm,ter of trees
identified for preservation and looking for an evaluation of what the street improvements and paving would do to that cluster of
trees. There are also some large oak trees. The natural flow of storm drainage will stop with the installation of curb and gutter.
Can something be done to address this situation?
5. Tree Protection Plan - It is required to show grading within the driplines or tree protection zones {]If trees to be
preserved as well as utility work. Staff is looking for more information, particularly, looking for grading information that
shows how far beyond the edge of the street that work will impact. If the water line runs down the private drive, what is the
impact on the trees?
6. The Tree Protection Plan states chain link fencing has to be installed around the drip line of the tree or the tree
protection zone, whichever is greater. The tree protection zone is the area around the tree that is necessary to preserve the
health of the tree over the long term. There are irregularly shaped drip lines. In no case is the tree protection zone smaller than
the dripline.
7. The existing house on Lot 2 is proposed to be converted to an accessory residential unit and then a new primary
residence built (requires CUP). They would need a total of four off-street parking spaces. There is garage shown at the
building envelope that would provide two spaces. The applicants are showing a parking bay at the rear of Lot 1 that would
provide two off-street ~arking spaces for the accessory residential unit (reason for Variance).
PUBLIC HEARING
CRAIG STONE, 708 Cardley Avenue, Medford, OR, said he is representing Charles Andrew Cochrane and Bruce and Pokii
Roberts. John Galbraith, landscape architect and Steve Ward, civil engineer are present tonight.
Stone said this project has undergone at least three re-designs. They sought to eliminate accesses to the extent possible on to
Prospect Street, taking access by way of the private drive in so doing, preserving the travel and parking capacities along
Prospect Street.
Twenty-five trees are slated for removal. The applicants looked at all trees over six inches diameter at breast height (dbh) and
developed their Tree Preservation Plan around that. They have tried to preserve the best trees on the property, preserving even
the smaller trees.
Stone said they did a utility plan. The civil engineer will introduce it. They are willing to prepare a plan showing locations for
fire hydrants and street lights.
The topographic survey covered the entire property. They choose points on site and use a computer progra.m that connects the
dots. At the upper area, the dots ended and the computer program crams the line together. The slopes in that area are fairly
mild. Stone entered a photograph as evidence. He read a letter from Jim Hibbs, surveyor, into the record as evidence of the
slopes.
The applicants are fairly flexible on the building footprint revisions with the exception of one envelope.
The accessory residential unit is calculated at 900 square feet. He was unaware there was a basement but believes the
basement is not habitable.
STEVE WARD, WESTECH ENGINEERING, 3841 Fairview Industrial Drive, Salem, OR, showed a cross-section of Prospect Street.
They are trying to balance encroachments into the right-of-way, topographic constraints, saving trees, landscape strips,
sidewalks and parking. There is an existing carport that encroaches significantly into the right-of-way, along with existing
planter strips, stairs and fences. Currently, parking is allowed from the carport to the east, on one side of the street. They have
ASHLAND PLANNING COMMISSION 5
REGULAR MEETING
OCTOBER 12, 2004
MINUTES
shown a 22 foot wide curb-to-curb improvement with a planting strip and sidewalk. The sidewalk would be required to be on
private property within an easement. They can construct the improvements in the right-of-way and not enter into the steep
slopes or the existing JlmprOvements the neighbors have on their properties. The roadway will have to narrow down as it
approaches the carport. They will have to get rid of the planting strip. They can build a twelve to fifteen foot wide roadway
from the carport, encroach into the landscape strip, still maintain access to the houses and from the carport to the east, maintain
parking for the 22 foot wide improvement. They are looking for guidance.
Stone said it is his understandirtg the functional classification of the street is a Residential Neighborhood Street, calling for a 22
foot paved section.
Questions and Concerns from Commissioners
Dawkins wondered how a car or construction truck could turn around at the end of Prospect. Backing out to Mountain isn't
safe. People will have: to have some way to turn around. Briggs noted there is an existing utility easement coming up between
the trees about 16 to 18 feet which would allow backup room. The applicants agreed. Or, Stone said if they put in a
turnaround, a large cluster of trees would be lost. KenCairn questioned directing the applicants to create a turnaround that will
potentially endanger more trees that are trying to be saved. It is a concern if we are trying to preserve the driplines. Briggs
wondered if they could consider a teardrop shaped turnaround. Stone did not know if the City had an approved design and if
the Fire Department would allow it.
Has the applicant considered a pedestrian walkway through the property and/or on the west side of Prospect up to the ditch
road? It is not required unless the Commission finds there is inadequate pedestrian transportation for the project.
Ward said they are trying to achieve a five percent grade at the hammerhead.
JOHN GALBRAITH talked about the tree preservation zones. They looked at the critical root zone of the trees, the age and size
of the trees and type of trees. That is how they decide how much of an impact they can create on the root system of the trees.
The root system is what will carry the canopy of the tree. The pine trees are much larger than the canopied trees. By
detennining the critical root zone of a tree, cutting into the roots will have minimal impact on the tree. He concurred with the
Tree Commission's recommendations.
Galbraith said they are willing to work with the Tree Commission on the mitigation plan. They will probably be planting about
25 trees.
ANNOUNCEMENT: Chapman said the public hearings for Minimum Density for R-2 and R-3 zones and the Heritage Tree List
will be heard at a meeting on Tuesday, October 26,2004 at 7:00 pm at the Council Chambers. FieldsIBlack m/s to hold the
hearing on October 26,2004. Voice Vote: Unanimous. McLaughlin noted that the Economic Strategy study session might be
postponed.
RANDALL HOPKINS, 7:~5 S. Mountain Avenue, voiced the concerns of many of the neighbors.
1. Trees - They do not want anyone to think the Tree Commission has granted approval for the three Tree Removal
Pennits. Neither the applicant nor the representatives showed up at the Tree Commission meeting. The applicant has a track
record of not following the Tree Protection Plan. A Tree Protection Plan is only as good to the extent it is carried out and
enforced.
2. Parking - Evt:n if Prospect is expanded to 22 feet, it still doesn't solve the severe traffic and safety problems on
Prospect. Most of the area is taken up by the residents that park there. If you have just one construction truck parking on the
south side, the access to the residences will be blocked. The Staff Report states that the Prospect Street design will create a
situation where cars wm be parked on the street regardless of whether it is posted No Parking. Did the Commissioners notice a
large SUV parked inches from a No Parking sign? It belongs to the developer. If the parking problem in that area is not on his
radar during a site visit by the Planners and Commissioners, what is going to happen when this is approved and the residents
are going to have to deal with the consequences?
Fields/Black m/s to extend the meeting to 11 :00 pm.
MARGUERITTE HICKMAN, 455 Siskiyou Boulevard, said the Fire Department would like to see at least a 22 foot wide street with
parking on one side. The Fire Department will go along with Staffs recommendation. They were able, with the help of the
Traffic Safety Commission, to put in No Parking signs. They would like to see the street meet the minimum street standards, if
at all possible.
ASHLAND PLANNING COMMilSSION
REGULAR MEETING
OCTOBER 12, 2004
MINUTES
6
Harris noted that some of the neighbors have expressed an interest in asking for vacation of Prospect Street. McLaugWin said
they could ask for an encroachment permit for what is currently in the right-of-way.
At this point, Briggs is not willing to grant any variances the applicants are requesting tonight.
FIELDS is hearing there are parking, access issues around Prospect and the tree plan are the major issues.
McLaughlin asked if the Commissioners are willing to remove trees (grouping at the end) in order to get th(~ street width on
Prospect? Fields said if they opened up parking on the south side and give up the parkrow, it might work. Dotterrer agreed.
KenCairn suggested parking on both sides of Prospect (22 feet wide), stop six feet shy of the fenceline, and create a turnaround
that backs to the south side. Fields added making a mountable sidewalk for a backup on the uphill side. Don't look at the last
piece as public street, but as access to those houses. The trees would stay. Staff will work on this idea.
Briggs would like to deny the Variance for the accessory residential unit parking off-site because it sets a precedent for
drawing very large building envelopes and saying there is no room to park on their own lot.
Briggs said even though the basement of the accessory residential unit is not habitable, it doesn't take much imagination to turn
a basement into a finished space.
PHIL PHILLIPS, neighborhood resident, said there is a problem with parking and getting out of Prospect. People either back up
or turn around in his carport. If Prospect is widened, consider leaving the parking on one side. Then there would be room to
turn around. His carport sits on a pile of dirt that is about 30 feet high. On one side is a fairly precipitous drop. There is an
oak between his property and his neighbors and the oak is a consideration. A wider street would make it ea.sier as long as
parking is only on one side of the street.
The hearing will be continued on November 9,2004 at 7:00 pm at the Council Chambers.
ADJOURNMENT - The meeting was adjourned at 11 :00 p.m.
ASHLAND PLANNING COMMISSION
REGULAR MEETING
OCTOBER 12, 2004
MINUTES
7
CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
(CONTINUED HEARINGS FROM OCTOBER 12, 2004 REGULAR MEETING)
MINUTES
OCTOBER 26, 2004
I. CALL TO ORDER
Chair Russ Chapman called the Ashland Planning Commission meeting to order at 7:05 p.m. on October 26,2004 in the Civic
Center Council Chambers, 1175 East Main Street, Ashland, Oregon.
COMMISSIONI:RS PRESENT:
ABSENT MEMBERS:
COUNCIL LIAISON:
HIGH SCHOOL. LIAISON:
SOU LlASON:
ST AFF PRESENT:
Russ Chapman, Chair
Mike Morris
Dave Dotterrer
John Fields
Marilyn Briggs
Allen Douma
Olena Black
Michael Dawkins
Kerry KenCairn
Alex Amarotico, present
None
None
John McLaughlin, Planning Director
Bill Molnar, Senior Planner
Maria Harris, Associate Planner
Brandon Goldman, Housing Specialist
Sue Yates, Executive Secretary
II. APPROVAL OF FINDINGS
Morris/Douma m/s to approve the Findings for PA2004-110, 150 Church Street, Robert M. Saladoff. Voice Vote:
Unanimous.
III. TYPE III PLUBILIC HEARING
PLANNING ACTION 2004-121
REQUEST FOR AN ORDINANCE AMENDMENT RELATED TO THE ESTABLISHMENT OF MINIMUM DENSITY REQUIREMENTS IN R-2
(LOW DENSITY MULTI-FAMILY) AND R-3 (HIGH DENSITY MULTI-FAMILY) ZONING DISTRICTS.
APPLICANT: CITY OF ASHLAND
STAFF REPORT
Goldman handed out the latest modification to the R-2 and R-3 ordinances containing less ambiguous language. He explained
the background leading to these ordinance changes as outlined in the Staff Report. The Housing Needs Analysis clearly
demonstrates there is a need for multi-family housing units and Staff believes this ordinance would encourage that type of
development. The ordinance amendment would require the lots develop at 80 percent of the base density that is already
established for the zones. For the most part, the planned densities have been accomplished. The ordinance is an effort to
establish minimum densities before any market forces change, encouraging single family home development even further.
Anticipated Outcomes: Thirty-two properties have been identified as developable that meet the parameters of this ordinance.
The development potential is 154 units or eighty percent (124 units) that could potentially be developed on these properties
over time. Without minimum densities, though not likely, as few as 32 units could be added to the properties. Therefore with
the ordinance changes, the number of multi-family residential development would increase over time.
The Housing Commission has reviewed the ordinance changes and has forwarded a recommendation that the minimum
densities within the R-2 and R-3 zones be established to allow for development at the intended densities. There was a concern
from the Housing Commission regarding the provision exempting areas of the lot that already have a conditional use permit on
them. By allowing a reduction in the number of housing units for existing conditional uses or future conditional uses, it could
inadvertently lead to a situation where housing is not prioritized for those multi-family zones. Staff believes this concern is
best addressed in evaluating new conditional use permits.
The Commission discussed, in particular, 2.c. Lots with authorized conditional uses may exempt that portion I)f the property that
is subject to the conditional use for calculations of the minimum base density standard. They suggested new wording as follows:
Lots with existing or proposed conditional uses may be exempt for that portion of the property that is subject 1:0 the conditional
use for calculations of the minimum base density standard.
PUBLIC HEARING
BARBARA VASQUEZ, 885 Palmer Road, thought a housing type analysis should be done for Ashland. She cautioned against
making changes to the ordinance without having fundamental questions answered. There are current projects, annexations, and
another 70 acre zone change coming up that will help meet the additional housing needs through existing affordable
requirements. Ashland currently has 94 accessory residential units for rentals in R-I zones. Through the planning process, the
affordable housing stock is increasing. Pending Council review and award to the Rogue Valley Community Development
Corporation are Community Development Block Grant (CDGB) funds to acquire property for six affordable townhomes in
Ashland. The City will seek a developer to build ten affordable units on a City owned parking lot downtown. Ashland
Community Land Trust (ACL T) is working with developers to provide 25 percent affordable units within private projects, as
well as looking for donated land or acquiring land at a reduced cost. There are already 232 low income families living in
Ashland receiving government assistance. SOU will be constructing 96 apartment dorms that will create vacancies in town.
She supports affordable housing but not everyone can live hen~ nor has a desire to live here. Participate in providing housing
where the land can be purchased through existing mechanisms and affordable housing can be provided for sale or rent without
requiring a private property owner to meet the goals enforced by the City Council. The City can issue a bond for affordable
housing as they have done for other city projects.
COMMISSIONERS' DISCUSSION AND MOTION
Chapman mentioned a letter from Neti Rest and an e-mail from Julia W oosnam in the packet.
Goldman noted that the Housing Needs Analysis takes the place of a housing type analysis. With regard to the 96 SOU units,
the units will not create vacancies just within the Ashland city limits.
McLaughlin explained that the market will determine the rate of consumption and rate of development. This ordinance looks
at the efficient use of land. There is a goal for affordability and maintaining the city's compact urban form and that land
identified for R-2 and R-3 development is not inefficiently used. The impact for long term is that we don't have to be looking
beyond our boundaries for additional land or extending services if we have to build beyond our boundaries"
Some Commissioners questioned changing the rules for those property owners who purchased land before this ordinance is
enacted and they were uncertain if there would be any impact with the changes proposed to the ordinances.
McLaughlin responded that as growth pressures continue, a single family home is the desirable housing type. Weare going to
see land zoned multi-family used more and more for single family. It is the City's responsibility to amend ordinances to
achieve what is best for the community in the long-term. Let's set the pattern now.
Other Commissioners see the change as setting property aside for how it is already zoned. If more single family homes are
built on multi-family zoned land, this, will cause sprawl and extra expenses for the citizens. As lots get more expensive, there
is more value in building a single family residence on a lot, not multi-family. Multi-family is a needed part of our housing
stock.
McLaughlin reminded the Commission we are defining density, not units.
The Commissioners changed the wording of 2.g. A lot that is nonconforming in minimum density may not move further out of
conformance with the minimum density standard. However, units may be added to the lot which bring the 101t closer to
conformance without coming all the way into conformance, provided it is demonstrated the minimum density will not be
precluded.
Briggs/Dawkins m/s to accept the proposed land use amendments to PA2004-121 with the language changes to 2.c. and 2.g. as
noted above (bold). Roll Call: Morris, Dawkins, Black, Chapman, Fields and Briggs voted "yes" and Douma ;and Dotterrer voted
"no" .
ASHLAND PLANNING COMMISSION
Con't. Heearings from October 12, 2004
MINUTES
OCTOBER 26, 2004
2
PLANNING ACTION 200.~.131
REQUEST FOR AN ORDINANCE AMENDMENT RELATED TO THE ESTABLISHMENT OF A HERITAGE TREE LIST.
APPLICANT: CITY OF ASHLAND
STAFF REPORT
Harris gave some background on the ordinance amendment as outlined in the Staff Report. The bulk of the work relating to the
Heritage Tree list has h~en working out the wording of the deed agreement and the internal process to be used and the form
that would be used.
The Heritage Tree program was intended for very special trees whether by species, size, cultural or historical. The program is
voluntary. If a property owner agrees to have a tree listed as a Heritage Tree, the deed agreement (copy attached to Staff
Report) would be completed and signed and recorded on the title to the property. If a property owner decides they no longer
wish to have their tree listed, they would need to go through a quit claim process at the City Recorder's office. Once a tree is
listed, a tree removal pe:rmit would be required to remove the tree. That is a function of the deed agreement.
BRYAN HOLLEY, 324 Liberty Street, said arborists have said that mature trees on a property add value to the property. The Tree
Commission wanted to create an easy in/easy out method if people choose to participate. There will be no cost to the property
owner to either place a tree on the list or remove a tree from the list. Holley said the reason for the deed agreement is that the
danger to loss of a tree t:omes in the transfer of property.
COMMISSIONERS' DISCUSSION AND MOTION
Harris said to clarify, thE~ wording under E. on Page 2 of the Staff Report would read as follows: A Heritage Tree may be removed
from the list by the City !Council upon its own motion, or a Heritage Tree shall be removed from the list upon written request from
the property owner.
Douma/Black mls to recc)mmend approval of PA2004.131 with the proposed changes. Voice Vote: Unanimous.
IV. OTHER BUSINESS
ABSTAINING FROM VOTES
McLaughlin said the Planning Commissioners are appointed to make decisions. The only way not to vote is if there is a
conflict of interest. It is the Commissioner's responsibility to make decisions. This is not written anywhere, but comes from
the Council.
V. ADJOURNMENT - The meeting was adjourned at 9:05 p.m.
Respectfully submitted,
Susan Yates
Executive Secretary
ASHLAND PLANNING COMMISSION
Con't. Heearings from October 12, 2004
MINUTES
OCTOBER 26, 2004
3
CITY Ol~
ASHLAr~D
Council Communication
Public Hearing on the Modification of the Prior Year CDBG Action Plans and
Reprogramming of Program Income
Meeting Date: Novemeber 16, 2004
Department: Community Dev~pment
Contributing Departments: none
Approval: Gino Grimaldi ~
Primary Staff Contact: Brandon Goldman 552-
2076. goldmanb@ashland.or.us (~.
Secondary Staff Contact: John McLaughlin, 552-
2043 mclaughj@ashland.or.us ~I
Statement:
The proposed modification of the prior year Community Development Block Grant (CDBG)
Action Plans and the reprogramming of Program Income generated from the City buy-out of the
Community Works Teen Center (Grove) is intended to allow the Rogue Valley Community
Development Corporation (RVCDC) to apply $274,000 in CDBG funds toward the purchase of
property located adjacent to 795 Park Street for the development of 6 affordable housing units.
Additionally, modification of the 2001-2002 Action Plan is intended to allow the Ashland
Community Land Trust (ACL T) to apply $80,000 in CDBG funds toward the purchase of
property located at 39 Garfield Street for the development of2 affordable housing units.
Background:
The u.S. Department of Housing and Urban Development (HUD) awards approximately
$250,000 in CDBG funds each year. Over numerous years (since 1995) the City has aimed to
expend the entirety of these funds each year. Ifowever, due to projects not being completed, or
being completed for less than the initial estimate, the City has accumulated $63,397,.45 in
carryover funds that are to be reallocated to CDBG eligible uses. Additionally, in 2004 the City
used general fund money to "buyout" a CDBG contribution of$214,877.33 in the Community
Works Teen Center (The Grove). This buy-out removed the CDBG requirement for the facility
and the $214,877.33 is considered Program Income under the CDBG program. These funds, and
the accumulated carryover are to be reallocated to an eligible use through a public hearing
process. An additional $80,000 that was awarded to the Ashland Community Land Trust in the
2001-2002 program year has not yet been used to purchase property for the development of two
units.
The Ashland Community Land Trust (ACLT) was originally awarded $120,000 in Community
Development Block Grant (CDBG) Funds during that program year to develop four affordable
housing units. On June 17th, 2003 the Ashland City Council approved of a modification of that
action to allow ACL T to develop or acquire three units instead of the original four proposed.
ACLT had aimed to work collaboratively with RVCDC to relocate three homes from Southern
Oregon University property to three parcels on Hersey and Patterson Streets. The lots were to be
1
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acquired by the ACLT with the $120,000 in CDBG funds, and the RVCDC was to
renovate/restore these homes. Although all three homes were relocated to the parcels and
renovated by the RVCDC, due to conflicts between the ACLT's land lease, and recapture
requirements from the US Department of Agriculture (which provided low interest loans to 2 of
the 3 homebuyers) the ACLT could purchase only one of the selected lots. All three homes were
sold to qualified homebuyers and contribute to Ashland's affordable housing stock, however the
ACLT can only be credited with one unit toward it<; CDBG award obligation. The current site
change will allow ACLT to complete the final two units consistent with the previous (2003)
~odification of the 2001-2002 CDBG Action Plan. The ACLT has indicated that although their
intention is to develop ownership units benefiting two low-moderate income households, the
selected site could potentially be developed as two affordable rentals and they have requested
flexibility in the new activity. The use as rentals would be a change in the intended beneficiaries
as identified in the original activity.
In August of 2004, the City solicited proposals for use of past CDBG carry over totaling
$59,122.67 and $214,877.33 in program income for a combined total of$274,000.00. The City
received one proposal and upon review of that proposal at a public hearing on September 22,
2004 the Housing Commission recommended that the full $274,000 be awarded to RVCDC and
recommended that ACLT retain the $80,000 previously awarded to be used to acquire the
property at 39 Garfield Street.
Following the recommendation of the Housing Commission the City Council held a public
hearing at their regular meeting on October 19th and directed Staff to proceed with the
modification of prior year CDBG Action Plan process to reallocate the combined total of
program incoJne and identified past carry over of CDBG funds. Specifically the Council
approved the award of $274,000 in CDBG funds to RVCDC for the purchase of property to
develop six o~;vnership units for low-moderate income households. Additionally the Council
detennined that the Ashland Community Land Trust could retain the $80,000 in previously
awarded CDBG funds to be applied to purchase property for the development of two low-
moderate income dwelling units. At the conclusion of this process there will remain $4274.78 in
carryover that was not awarded in this process but will be combined with Ashland's 2005 CDBG
allocation for distribution through that competitive award process
Related City Policies
The Ashland Consolidated Plan requires a public hearing for a modification of the annual CDBG
Action Plan ~'hen there is a significant change in the scope of a project. The original use of the
majority of tht~se funds was a low-moderate teen Center which is no longer provided. The
remainder of the carryover is the surplus from rehabilitation, sidewalk and accessibility projects,
and administrative carryover due to a six month overlap in program years. The currently
proposed use of funds to acquire property to develop low income housing is a new use and is
. considered a significant change from the originally identified uses.
The Citizen Participation plan section of the Consolidated Plan requires that at least two public
hearings will be held to obtain views of citizens, public agencies and other interested parties on
the annual use: of the CDBG funds and the activities to be undertaken to pursue the priorities in
the Consolidated Plan. The public hearings noted above under the background section of this
communication and this Public Hearing will satisfy this requirement
Council Options:
2
CITY ()F
ASHLA~ND
The awarding of CDBG funds is essentially a two-part process. The first part involves the
solicitation of proposals and the selection of the proposal(s) that best meets the goals outlined in
the Consolidated Plan. Upon selection of a project, or projects, the City then completes the
second part of the CDBG award process which involves the creation of the annual action plan
outlining all the uses of CDBG funds for the subject program year. The City Council at the
public hearing on October 19th, 2004 approved of the use of the program income and
accumulated carryover to allow RVCDC to purchase property adjacent to 795 Park Street for the
subsequent development of 6 low-moderate income dwelling units, and allow ACL T to apply
$80,000 of the past CDBG award toward the purchase of 39 Garfield. The Council is now
charged to fonnally approve of these activity as a modification of the past Action Plans.
The Council can approve, deny or amend the proposed use of CDBG funds. In the case the
Council were to deny the application of these funds they would be made available through a
request for proposals fin addition to the funds for the 2005 program year.
Staff and Housing Commission Recommendations:
Staff recommends approval of modification of prior year action plans and reprogramming of
program income to award RVCDC $274,000 for the acquisition of property for the d,evelopment
of 6 low-moderate income housing units, and to allow the reallocation of $80,000 to the Ashland
Community Land Trust for the acquisition of property at 39 Garfield Street for the d(~velopmen~
of two affordable rental or ownership housing units.
The Ashland Housing Commission reviewed the RVCDC and ACL T proposals at their meeting
on September 22nd and forwarded a recommendation to the City Council to approve these uses
ofCDBG funds. '
On October 27th the Housing Commission held a public hearing on the modification of past
CDBG Action Plans and the use of program income and has forward a recommendation to
council to approve the modification of prior year action plans.
Potential Motion:
Move to approve the modification of prior year Community Development Block GrcUlt Action
Plans for the reallocation of$59,122.67 in carry-over and $214,877.33 in program income to
award RVCDC a total of $274,000 in CDBG funds for the purchase of property to develop six
low-moderate income housing units, and to approve of the reallocation of $80,000 to the Ashland
Community Land Trust for the acquisition of property at 39 Garfield Street for the development
of two affordable rental or ownership housing units.
3
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Proposed l'r1odification to the 2001-2002 CDBG Action Plan
The section of the 2001-2002 CDBG Action Plan (Goal 1 page 5) relating to the proposed
modification is shown below. The modification will be clarify that 1 unit has been already
completed and two addition units (rental or ownership) are to be provided. Additionally a change
the original target date for completion is included to allow ACL T to purchase the property and
complete construction of the units. Additions are indicated in Bold text and deletions are shown
as text with a strikethrough. The elimination of the children's day care center was previously
approved in 2003.
(Goal I pa,ge 5)
Ashland Community Land Trust
Action to meet Drioritv and time-line: The City will provide COSG funding to the Ashland Community
Land Trust (Project 1). The funding will be utilized to purchase property for the construction of a total of
3 Jew-Iow-moderate income residential units and th9 een&tNGtien of a childmR'€ day cam c9nter. with
one unit being completed at 311 Hersey Street and two additional rental or ownership units to be
completEtd at 39 Garfield Street. The Ashland Community Land Trust is a private non-profit
corporation. The purpose of the land trust is to create and sustain long-tenn affordable housing in the
city limits of Ashland for low and moderate income families. The land trust acquires and holds land,
while the improvements are sold or rented to qualifying low-income residents.
Fundina sources for this Droiect include: COSG funds
Proiected Number Households to be Assisted: 3 low-income households
Probable Fundina Level: $120,Ogg $40,000 for the acquisition of property at 311 Hersey Street
(completed April 2004), and $80,000 for the acquisition of property at 39 Garfield Street
Taraet Date for ComDletion: Jam-Jary 1, 2gg4 June 30, 2006
4
CITY OF
ASHLAND
Housing Commission Memo
TITLE:
DEPT:
DATE:
SUBMITIED BY:
Modification of Past Action Plans
Community Development
October 27, 2004 ~
Brandon Goldman, Housing Program Specialist ~
Synopsis:
In September and October the City initiated the process of reallocating past Community Development
Block Grant awards that had gone unexpended and program income generated from the City purchase of
the Grove facility. Following the recommendation of the Housing Commission the City Council at their
regular meeting on October 19th directed Staff to proceed with the modifications of prior year CDBG
Action Plans to reallocate a combined total of $354,000 in program income and past can)' over of
CDBG funds. At this Public Hearing the Rogue Valley Community Development Corporation
(RVCDC) was awarded $274,000 in CpBG funds to purchase property to develop 6 ownership units for
low-moderate income households. Additionally the Council detennined that the Ashland Community
Land Trust could retain $80,000 in previosly awarded CDBG funds to be applied to pur(;hase property
for the development of two low-moderate income dwelling units. The reallocation of past awards
requires modification of past years CDBG Action Plans through a public hearing process.
Recommendation:
Staff recommends the Housing Commission recommend to Council approval of the Modification of
prior years CDBG Action Plans and use of CDBG Program Income in accordance with Table 1 provided
on page 2 of this communication.
Fiscal Impact:
Involves the reallocation of previously awarded CDBG funds and program income gen<::rated from the
City's purchase of the CDBG investment into the Grove facility. All funds are currently available in
Ashland's CDBG Line of Credit.
Background:
In August of 2004 City solicited proposals for use of past CDBG carry over and $214,877.33 in program
income for a combined total of $274,000. The City received one proposal and upon review of that
proposal at a public hearing on September 22, 2004 the Housing Commission recommended that the
$274,000 be awarded to Rogue Valley Community Development Corporation (ACLT). At this public
hearing the Housing Commission also recommended that $80,000 previously awarded to the Ashland,
Community Land Trust (ACL T) be applied to an alternative site for land acquisition to develop two low-
moderate income dwelling units.
Following the recommendation of the Housing Commission the City Council held a public hearing at
their regular meeting on October 19th and directed Staff to proceed with the modifications of prior year
CDBG Action Plans to reallocate the combined total of $354,000 in program income and past carry over
1
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ofCDBG funds. Specifically the Council approved the awarded of $274,000 in CDBG funds to
RVCDC for the purchase property to develop 6 ownership units for low-moderate income households.
Additionally the Council detennined that the Ashland Community Land Trust could retain the $80,000
in previously awarded CDBG funds to be applied to purchase property for the development of two low-
moderate income dwelling units.
The table below quantifies the amount of unexpended funds and their proposed reallocation use.
TABLE 1
Unexpended CDBG Funds to be reallocated -reprogrammed
97-98
Community Works
(Grove) teen Center
RVCDC Park S1. Project
Property Purchase
(This use has been approved by council)
2004 and
prior years
Various unspent
Carryover
2
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CITY Of
ASHLAND
Excerpt From
ASHLAND HOUSING COMMISSION
MINUTES
OCTOBER 27, 2004
7. PUBLIC HEARING - Community Development Block Grant Action Plan Modification
Staff Evaluation/Recommendation - Goldman said the Housing Commission has reviewed the proposals referenced in the
modification of the Action Plan as outlined in the Housing Commission memo dated October 27,2004 (see table 1). The
award selection has been made and now it is time to approve the allocation.
Public Hearing - No one came forth to speak.
Commission Questions. discussion. and recommendation - WeislerlPeck m/s to approve the Staff Report. Voice Vote:
Unanimous
CITY OF
ASHLA]\JD
Council Communication
Approval of a Land Partition Plat and Creation of a Deed Restriction
in Preparation of the Sale of City Owned Property
at Strawberry Lane and Westwood Street
Meeting Date: September 7, 2004
Department: Public Works
Contributing Departments: Legal, Comm Dev
Approval: Gino Grimaldi
Primary Staff Contact: Paula Brown, SS2-2411;:6uA--
brownp@ashland.or.us i
Secondary Staff Contact: Jim Olson, 552-2090
oIsonj@ashland.or.us
Statement:
Early in 2003, the Council approved the sale of certain surplus properties including the 2-acre
parcel located at the intersection of Strawberry Lane and Westwood Street. It was determined
that the property would be divided into three parcels to be sold individually. The partition of the
2-acre parcel at Strawberry Lane and Westwood Street was authorized by the Planning
Commission under Planning Action No. 2004-031 and a partition survey was comnlissioned to
create the three lots (see attached partition plat).
The Mayor must sign the plat prior to recording the land partition. A deed restriction was
requested by the neighbors to further ensure conformance with neighborhood development and
construction standards and would be appended to any future land sale contract. Thi s deed
restriction also requires the Mayor's signature.
Background: .
The City acquired the property currently being divided in 1987 from Harold Gentry for $90,000.
That purchase included two platted parcels totaling 11.66 acres. The two original purchase
parcels are shown on the attached Original Purchased Property Map as Parcel No.3 and Parcel
No.2. The larger of the two properties ("Parcel 3") at 9.57 acres, was dedicated for park purposes
in 1990 under Resolution 90-02. The remaining 2.09 acre property, Parcel No.2, "vas held by the
City for future development. It is this smaller parcel that is being partitioned at this time.
Under the Strawberry Lane Local Improvement District, which was completed this spring,
adjacent streets were paved, sidewalks installed and storm drain utilities improved. The Council
had previously declared this 2.09 acre property as surplus and approved its ultimate division and
sale of the parcels.
The Planning Commission heard the matter of the land division on May 11, 2004. Planning
Action No. 2004-031 resulted in an approval to divide the land into three parcels. The two
parcels with frontage on Strawberry Lane were approved with 0.5 acre areas, while the northerly
parcel with frontage on Westwood Street was proposed at over one acre to ensure that the lot is
of adequate size to be partitioned further at a future date.
r~'
CC SIr;l\\b~rry Lot I..jak 16NI'v\l4
CITY OF
ASHLAND
Related City Policies
Ashland Municipal Code
Council Options:
The Council has two viable options:
1. Approve the land partition and deed restriction for the Mayor's signature.
2. Rescind the prior declaration of surplus property and table approval of the land partition,
deed restriction and property sale.
Staff Recolnmendation:
It is recommended that the City Council adopt a motion to approve the attached land partition
plat and the attached deed restriction, with consideration that the survey and LID costs and a
proportionate cost of the original land purchase costs would be reimbursed to the appropriate
funds upon sale of the properties.
Potentiall\lotions:
Adopt a motion to approve the attached land partition plat and the attached deed restriction for
the Mayor's signature. Further adopt a motion to sell the properties and reimburse City funds for
prior costs.
Attachments:
(1) Vicinity IV1ap
(2) Original Purchased Property Map
(3) Reduced Copy of Partition Plat
( 4) Deed Restriction
2
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Cc Slrawbi.'rr) I ,){-)ak ! 6N(\v(J.t
CITY OF
ASHLAND
VICINITY MAP 2004
PARTITION PLAT APPROVAL
CREATION OF DEED RESTRICTION
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When Recorded Return Original to:
Barbara Christensen, City Recorder
20 East Main Street, Ashland, Oregon 97520
DEED RESTRICTIONS
All the property described herein (Exhibit A) held and shall be held, occupied and
improved, subject to the following protective restrictions which are attached and agreed
upon for the purpose of enhancing and protecting the value, desirability and
attractiveness of said land. These restrictions shall run with the land and rernain in full
force and effect until the last day of December of the year 2015 A.D., and shall be
binding on the owner or owners of any equity or title therein. Conformance of existing
Lot 1 is excepted until new buildings are constructed.
1. DWELLING: No building, structure or improvement shall be constructed, erected,
altered, placed or permitted to remain on any lot other than single family dw'ellings
designed for occupancy by not more than one family, together with appurtenant
outbuildings and garages. Said 'outbuildings and garages shall conform generally in
architectural design and exterior appearance to the dwelling house to which they are
appurtenant and may be, but need not be attached to said dwelling. No building or
structure shall be constructed, erected or permitted on any portion of said lot until
complete building plans, in accordance with the building code of the City of Ashland,
have been approved in writing by the city.
2. DWELLING PLACEMENT: The placement of buildings, planting of new trees,
maintenance of existing trees, shall comply with the provisions of Chapter 18.70, Solar
Access, of the Municipal Code of the City of Ashland
3. OUTBUILDINGS: Except for accessory residential units authorized and approved in
accordance with the provisions of ALUO ~~ 18.20.030H. and 18.108.040, no shed,
garage, basement, trailer, camper, mobile home, motor home, or other outbuildings with
unfinished exterior walls, shall at any time be used, temporarily or permanently, as a
residence. Nor shall any structure of a temporary character be used, temporarily or
permanently, as a residence.
4. AUTOS: No unlicensed autos shall be visible on lots or permitted to be parked on the
street(s) and or driveways. Recreational vehicles shall be no less than 30 feet from
neighboring lot lines. Recreational vehicles shall not be parked in driveways for more
than 14 consecutive days. No logging equipment, truck, house trailer (as distinguished
from camping trailer) or any other heavy equipment of any kind shall be stored or
allowed to remain upon any lot. There shall be no repairs of vehicles outside of a
garage or suitable outbuilding.
5. CLEANUP: No rubbish shall be stored or allowed to accumulate on the lot. All the lot
and adjoining road rights of way shall be kept free of weeds and trash and :shall be kept
under reasonable cultivation and care by the respective owners of such real property.
All rubbish and trash shall be regularly removed and disposed of properly.
PAGE l-Strawberry Deed Restrictions
.4 T\ Ae+.\ tJ\E:'""-' r 4
6. LANDSCAPE: Each lot owner, within twelve (12) months of the issuance of a building
permit by the City of Ashland, shall, if no acceptable trees exist, plant "street trees."
Those trees are to be of a species with a native appearance and selected by the lot
owner from a list available from the City of Ashland Planning Department, and further
approved by the Ashland Street Tree Commission. The selected trees are to be planted
on a nominal spacing of 25' and within 25' of the curb line along each owners' street
fronta~Je. A minimum of four (4) additional owner selected trees must be planted on each
lot within 12 months of the issuance of a building permit by the City of Ashland. .
7. PETS: No pets shall be allowed to create any disturbance. They shall be removed
permanently if they are noisy, destructive to neighbors' property, or otherwise interfere
with the peaceful use and enjoyment of neighbors' property. A pet's owner shall be
responsible for any damage or injuries caused by such pet. (City Ordinance 9.16.070
Dogs-Noise) It shall be unlawful for any person to keep within the City of Ashland, any
dog which by long continued barking disturbs or annoys another person within the City.
(City Ordinance 1847, 1975) The number and kind of pets shall be as permitted by City
of Ashland ordinance.
8. Fire Sprinkler Systems: Each single family dwelling constructed upon the property
shall contain a residential fire sprinkler system reviewed and approved by the Ashland
Fire DE~partment prior to issuance of a building permit for the residence.
Signed and approved this _ day of
,2004
Alan DeBoer, Mayor City of Ashland
STATE OF C~REGON
COUNTY OF JACKSON
This instrument was acknowledged before me on
by
Notary Public for Oregon
My commission expires:
PAGE 2-Strawberry Deed Restrictions
EXHIBIT A
Attachment to Deed Restriction
A tract of land lying within the Southeast quarter of the Northwest quarter of
Section 8, Township 39 South, Range 1 East of the Willamette Base and
Meridian in the City of Ashland, Jackson County, Oregon, and being morE~
particularly described as follows:
Commencing at the quarter corner common to Sections 5 and 8 in Township 39
South, Range 1 East, Willamette Meridian, Jackson County, Oregon; thence
South 000 13' 53" East, 1,663.14 feet to a 5/8" iron pin at the Southeast corner of
tract described in Document No. 87-13108, official records, Jackson County,
Oregon, being the point of beginning and initial point; thence continue South 000
13' 53" East, 195.99 feet to the northerly line of Strawberry Lane in the City of
Ashland; thence along said northerly line the following courses and distances;
thence 32."50 feet along the arc of a curve which is concave to the southeast,
having a radius of 123.50 feet, a central angle of 150 04' 40", and a long Ghord
which bears South 460 48' 54" West, 32.41 feet; thence South 390 16' 34" West,
37.59 feet; thence 88.48 feet along the arc of a curve to the right, having a radius
of 100.00 feet, a central angle of 500 41' 37", and a long chord which bears
South 64037' 22" West, 85.62 feet; thence South 890 58' 11" West, 43.5~) feet;
thence South 890 55' 41" West, 131.39 feet; thence 47.04 feet along the arc of a
curve to the right, having a radius of 30.00 feet, a central angle of 890 50' 26",
and a long chord which bears North 450 09' 06" West, 42.37 feet to the Wiest line
of Westwood Street in said City of Ashland; thence along said west line, North
000 13' 53" West, 255.06 feet to the southwest corner of said tract described in
Document No. 87-13108; thence along the south line of said tract, South 890 51'
44" East, 330.01 feet to the point of beginning.
October ~14, 2004
City of ,Ashland
Deed Restriction
Tax Lot No. 391EBBD-100
G:\pub-wrks\eng\dept-admin\SURVEYOR\391 E8BD 100 Deed Restriction Exhibit A 10 04.doc
CITY 01:'
ASHLAr~D
Council Communication
AFN Quarterly Report
Meeting Date: November 16, 2004
Department: Electric & Telecommunication
Contributing Departments: Finance, Administration
Approval: Gino Grimaldi
Primary Staff Contact: Dick Wanderscheid, 552-
2061 wandersd(a.ashland.or. us
Secondary Staff Contact: Lee Tuneberg, 552-
2003 tuneberl(ii~ashland.or.us
Statement:
This is the AFN Quarterly Report covering the period July 1 to September 30, 2004
Background:
As a part of the work done by the AFN Advisory Committee in Fall 2001, a quarterly report
format was developed. The last report was submitted to the Mayor and Council on September 7,
2004. This covered the period of April 1 to June 30, 2004. This report covers the period July 1
to September 30, 2004. Staff has revised the current report format to better provide the Council
and Mayor with more and improved information. The new report contains targets from the
revised business plan that was completed as a result of the work done by Navigant Consulting
last spring.
The report shows that we are ahead of schedule to achieve the revised targets for both residential
cable modems and cable television.
Staff has been very active in implementing many of the Navigant suggested recommlendations
and other revenue enhancement activities. Already, staff has made the following changes:
1. Increased rates
2. Began an active TV promotion designed to migrate users to higher tiers of service and
to promote pay per view offerings
3. Mailed out coupons for free movies in exchange for customers enabling their pay per
view features
4. Added an intermediate cable modem product
5. Enhanced ISP contracts
6. Promoted a customer service guarantee
7. Bundled our CATV product and cable modem product for the return of SOU students
8. Staffed a booth at the SOU Student Orientation Event
9. Worked with SOU and R VTV to provide an AFN exclusive SOU Homeeoming
Game Broadcast
10. Participated in the Buy in for Books Program in conjunction with the Ashland
Schools Foundation
11. Revised the quarterly report format for this report.
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Also, we have added a new staff person in AFN to help with technical issues and to provide
more support for the programming and marketing functions of AFN. In addition, a new Network
Administrator has been added as per the budget and the revised AFN Business Plan.
Of the above mentioned initiatives, some were recommended as a part of the Navigant report and
these items had actual performance numbers associated with their implementation. ~v e are
listing those items along with actual and predicted performance.
. Increased Rates - Predicted $170,000/Yr; Actual $330,000
. Customer Upgrade to Tier 4 - Predicted - 91/Y r; Actual -24/ 1 Qtr. new Tier 4
customers
. Movie Coupons For Pay per View Enabling - Predicted -170; Actual - 37
. Intermediate Cable Modem Product - Predicted - 62; Actual - 8
. Enhanced ISP Standards - Predicted 56; Actual - Unknown, but 140 new customers
total during the quarter
. Customer Service Guarantee Promotion - No prediction
. Bundled CATV and Cable Modem Product - Prediction - 52; Actual- 79
The previous Quarterly Report tracked both bulk CATV accounts and High Speed Data
equivalents but these are not included anymore. This is because the revised plan reli~$ on no
significant future growth in either of these product lines. The plan calls for 140 bulk TV accounts
for the remainder of the planning period. We currently have 143.3. High Speed data equivalents
are shown in the plan remaining at 35 and we currently have 32.88. While we won't be reporting
these numbers as a part of the report, we will provide updates if these numbers change in the
future.
The AFN Business Plan and Budget both call for a rate increase in AFN products during this
fiscal year. In reviewing the cash flow and revenue numbers for the first quarter, wt;: are a little
below projections. This is not unusual because history has shown us that the first quarter of the
year is the weakest quarter of the fiscal year. However, we are watching these numbers carefully
and are preparing to implement a rate increase early in 2005 to make sure that we attain our
financial goals for FY 04-05.
AFN Financial Narrative:
AFN's cash position is the most important financial comparison that we have. During FY 2004-
05 the goal is to closely adhere to projections included within the pro forma and budget,
employing most, if not all of the initiatives proposed in the study.
The four charts in the report provide performance by month with targets where appropriate. The
reader should remember the following points while reviewing changes over the year:
1. Late Fall, Winter and early Spring are the "growth" months for customer
connections and increased revenue generation.
2. The City refinanced all debt in August 2004 causing a $600,000 "spike" in cash flow.
3. Some annual and promotional expenses are made in July and August sk~:wing the
revenues to expenses comparison.
4. The budget and pro forma anticipate rate increases in the last half of the fiscal year.
2
CITY ()f
ASHLfl~ND
5. Next debt service is $802,021 due in July 2005.
The refinancing included enough cash to pay all issuance costs and get AFN into the higher
revenue season to avoid cash flow problems early in the year. A supplemental budget will need
to be done to recognize the additional bond proceeds and related expenses.
The ratio of revenues to expenses is used to help identify the additional amount that AFN needs
to set aside to make the debt service payment next July. The target is shown as a sloping line
with an average ratio of 1.15 for the year, meaning a $1.15 needs to be generated for every dollar
spent. This roughly translates to approximately $400,000 more cash be set aside in F'Y 2004-05
and an average of $90,000 per month (a ratio of 1.25) in FY 2005-06, increasing each year and
leveling off at $125,000 per month in FY 2009-10.
Related City Policies:
The City's current Council Goal document points to improving the performance of AFN and this
quarterly report is specifically devoted to keeping the Council current on AFN's status.
Council Options:
Not applicable.
Staff Recommendation:
No recommendation, this communication is for informational purposes only
Potential Motions:
Not applicable
Attachments:
AFN Quarterly Report
3
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fA
tit,
R5PORT
As of September
30, AFN had
3,182 CATV cus-
tomers. The cur-
rent plan target
for June 30, 2005
is 3,275 therefore,
we need 93 addi-
tional customers
to meet plan tar-
gets for 04-05.
On the Internet
side, we had
3,575 residential
cable modem ac-
counts. The plan
target is 3,620
so, we need an
additional 45 ca-
ble modem cus-
tomers by June
30, 2005.
Page 1
3,600
3,575
3,550
3,525
3,500
3,475
3,450
3,425
3,400
3,300
AFN Net Cable Connections by Month FY 2004-
_______ 2005 (Plan Year 7) ______:
~I
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I
I
I
I
I
I
I
I
I
{
I
I
I I I
EOY Jul Aug Sep Oct Nov Dee Jan Feb Mar Apr May Jun
3,250
3,200
3,150
3,100
3,050
3,000
_Actual per Billing
-<>- Target ]
EOY July August September
3,1 00 3,113 3,099 3,182
AFN Net ResidentiallSP Customers FY 2004-2005
(Plan Year 7)
EOY Jul Aug Sep Oct Nov Dee Jan Feb Mar Apr May Jun
I_Actual per Billing -0- Targe~
EOY July August September
3,435 3,451 3,470 3,575
tit
V'v R5PORT
e~sVl FLow
eo V\A:p~ yLso II\,
This chart shows Cash In and
Cash Out by month. In July, inter-
nal borrowing and interest pay-
ments raised Cash In and Cash
Out above $400,000, August is
skewed by refinancing and Septem-
ber incomes lag due to seasonal
impacts and shifts in receivables
(more) and payables (less) - both
causing less cash for that month.
MonthLy
cash BaLance
This chart compares actual Ending
Cash Balance (bold line) by month
with the Target Cash Balance (dash
line) extending to June 30, 2005.
Each month the net impact as dis-
played in the Cash Flow Compari-
son Chart affects this chart.
Approx. $1,000,000 is needed by
the end of the year to pay debt and
operating expenses in July. The
rising target reflects the needed
cumulative affect of positive cash
flow each month.
Page 2
1,000,000
900,000
800,000
700,000
600,000
500,000
400,000
300,000
200,000
100,000
Cash Flow Comparison
-----1
Jul Aug Sep Oct Nov Dee Jan Feb War Apr Way Jun
Cash In
Cash Out
July
420,593
426,260
I_ Qish n - Qish Out I
August
868,760
226,443
September
186,421
236,078
Monthly Cash Balance
1,000,000
1,200,000 - -.------------------------'-'------\
i
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,1
~ ."""".. I
800,000
600,000
400,000
200,000
-- .",.",.,.
.-- .-- --
Jul Aug Sep Oct Nov Dee Jan Feb Mar Apr May Jun
I-Ending Cash Balance - - Target Cash Balance I
July
Ending 1,181
Target 600,000
August
643,498
600,000
September
593,841
610,000
{I{
V'v Rf7PORT
MOV\,tViLtj RatLo of
saLes to 6x-peV\,tJLtuyes
This chart provides an average
target ratio between revenues
and expenditures of 1. 15jor the
year to generate the needed sav-
ingsfor debt service. This ratio
is an indicator that revenues
are sufficiently above expenses
to set aside funds needed to pay
debt service. Even though the
actual ratio grew in the first
quarter, it stopped short of 1. 00
requiring an average 1.23 for
the rest of the year.
o-peYfAtLoV\,fAL ReVeV\,ues to
5X-peV\,ses C,OV\A.-pfA yLsoV\,
This chart provides a look at what
is recorded each month. For a
better comparison, borrowing
(revenues) and issuance/debt ser-
vice costs (expenses) have been
removed July was "favorable"
starting the new fiscal year with a
good customer base but recording
less in expenses this first month.
August's expenses included some
relating to July and annual costs
paid early in the year. September
was almost "neutral" with reve-
nues being consistent at the slow
season, awaiting fall and higher
customer counts. For the quarter,
the expenses exceeded revenues
by $2,891 or 1/2%.
Page 3
1.8 ---~-_.-
1.6
1.4
1.2
1
0.8
0.6
0.4
0.2
o
Monthly Ratio Sales to Expenditures
-..----'"
I
..
,,-
."""".
--- .",.".,.
--
Jul Aug Sep Oct N:>v rRc Jan Feb War Apr Way Jun
Percent
Target
220,000
215,000
210,000
205,000
200,000
195,000
190,000
Percent Sales to Expenditures - -Target Hatio I
July
.49
.95
August
.96
.95
September
.98
1.00
Operational Revenues to Expense!.
Corq>arison
-,--------------------1
. I
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Jul
Aug
Sep
I_ Revenues: - Expenses: I
Revenues
Expenses
July
208,954
202,455
August
208,547
218,147
September
208,760
208,54~1
CITY or
ASHLAr~D
Council Communication
Acceptance of Audit Committee Report and the June 30, 2004 Comprehensive
Annual Financial Report
Meeting Date:
Department:
Contributing Depts:
Approval:
November 16, 2004
Finance ~
N/A
Gino Grimaldi
Primary Staff Contact: Lee Tuneberg, 552-2003
tuneberl@ashland.or.us
Secondary Staff Contact: N/ A
Statement:
The Audit Committee has met with staff and Pauly, Rogers and Company, P.C. to review and
accept the annual audit for the fiscal year ended June 30, 2004. The committee's report can be
found in the annual financial report on page xv and the auditor opinion on page 1.
Background:
The Comprehensive Annual Financial Report is prepared annually as part of the state-required
audit by an independent, certified and municipally licensed auditor. In Ashland, the auditor
reports to the Audit Committee established by the City. The committee receives the auditor
opinion, management letter and annual financial reports prepared by staff. When satisfied with
the reports and related information, the committee forwards the report to council with a
recommendation to accept.
The auditor gave an unqualified opinion again this year but found no reportable conditions to
include in a management letter for fiscal year 2003-04. In the prior year two reportable
conditions relating to accounting controls that may have been compromised were found and staff
made sufficient progress during this year on correcting those issues thus not requiring a repeat
comment on either. With this said, the auditor is not guaranteeing that there is no work to be
done but that nothing material came to their attention. The Finance Department does work hard
each year to improve operations and accounting processes to better City operations and records.
The City and its component unit, the Parks & Recreation Commission, implemented GASBS 34
in a two-step process over FY 2002-03 and FY 2003-04 with fixed assets being fully included as
of this report. This required conversion now provides comparative information in a more
comparable, business perspective that can be seen in the section called Management's
Discussion & Analysis. Within that section is a more detailed discussion of the agency's
financial health including changes in operational and general revenues, operating expenses,
capital outlay and improvements, debt service and the City's bond rating.
The city is responsible for completeness and accuracy of the annual report. The necessary
auditor reports are included in the document and presented on their letterhead.
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Key places to look within the document are:
Pages
i - ix
xv
1-2
3 -13
17 - 27
31 - 58
65 - 109
114 -126
Information
Transmittal letter from staff
Report of Audit Committee accepting the audit
Auditor's unqualified opinion
Management's Discussion & Analysis
Basic Financial Statements
Notes to General Purpose Financial Statements
Supplementary reports, schedules and statistical
tables
Other required auditor comments and disclosures
The annual report is a complex document containing a tremendous amount of information. From
an overview perspective, the City remains in a good financial position with the net assets
increasing slightly to $104,854,345. Included in this amount is $956,778 in prior infrastructure
(fixed assets) recognized in this year as part of Ashland's compliance with Governme:ntal
Accounting Standards Board Statement 34 requirements (GASBS 34).
Total City assets are down $1.1 million primarily in cash and investments yet Parks and
Recreation assets increased $0.5 million with a similar impact on Parks' net asset balance.
As in the past, most funds are doing well when considering fund balances yet several including
Street, Capital Improvements and Telecommunications funds require added attention during this
and next fiscal years.
Related City Policies
City of Ashland Financial Management Policies, Budget Document Appendix
Council Options:
Council may accept the Committee's report and the annual report as presented, reconlll1end
modifications as discussed or defer acceptance (takes no action) awaiting further information or
clarification.
Staff Recommendation:
The Audit Committee recommends acceptance of the Comprehensive Annual Financial Report
for FY 2003-04 and staff concurs.
Potential Motions:
Council moves to accept the Audit Committee Report and the Comprehensive Annual Financial
Report for the fiscal year ended June 30, 2004 as presented.
Council moves to accept the Audit Committee Report and the Comprehensive Annual Financial
Report for the fiscal year ended June 30, 2004 as modified by discussion.
Council takes no action pending further information or clarification.
2
CITY ()F
ASHLfl~ND
Attachments:
FY 2003-04 Comprehensive Annual Financial Report * including:
Audit Committee Report
Independent Auditors' Report
Audit Committee meeting minutes 10/20/04
* Report will be placed on the City's web site in the Document Center on the left side of the
homepage as soon as possible
3
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AUDIT COMMITTEE MEETING
OCTOBER 20, 2004- PAGE 1
CITY OF
ASHLAND
Audit Committee
DRAFT MINUTES
October 20,2004 1 :OOpm
Siskiyou Room, Community Development/Engineering Services Building
51 Winburn Way
Call to Order
Chairman Marty Levine called the meeting to order at 1 :04 p.m. on October 20, 2004 in
the Siskiyou Room of the Community Development/Engineering Services Building, 51
Winburn Way Ashland, Oregon.
ROLL CALL: Audit Committee Members Christensen, DeBoer, and Nutter were present.
ABSENT: Audit Committee Member Case was absent.
STAFF PRESENT:
LEE TUNEBERG, FINANCE DIRECTOR
DON ROBERTSON, PARKS DIRECTOR
CINDY HANKS, PROJECT COORDINATOR
PATRICK CALDWELL, STAFF ACCOUNTANT
SCOTT WHITMAN, STAFF ACCOUNTANT
BRYN MORRISON, ADMINISTRATIVE SECRETARY
OTHERS PRESENT:
ROY ROGERS AND KENNY ALLEN FROM PAULY,
ROGERS, AND CO., P.C.
Approval of Minutes
Audit Committee Minutes of November 17, 2003:
Audit Committee Member Christensen/DeBoer m/s to accept minutes as presented.
Christensen, DeBoer, Levine, Yes. Nutter abstained. Motion Passed.
Lee Tuneberg, Finance Director, spoke to the layout of the financial report. He
mentioned the persons involved in report, the certificate from the Government Finance
Officers Association the City had received for the 2003 CAFR, and the differE~nces in the
report from the prior year. He spoke to differences being in Generally Accepted
Accounting Practices and Budget Basis reporting.
AUDIT COMMITTEE MEETING
OCTOBER 20, 2004- PAGE 2
Presentation bv the Auditors
Roy Rogers and Kenny Allen presented the financial report for Pauly, Rogers, Co., P.C.
Allen spoke to the executive letter that they presented. He added that the City received
a clean opinion. He pointed to page 40 of the Notes and that it showed an over
expenditure in the Telecommunication Fund of $5,540. He added that they did not
provide a management letter and that it was not necessary, they would rather correct
any problems during the audit instead of presenting a letter at the end. They found that
the books and records maintained by the City were in good condition.
Allen mentioned that there is a new auditing standard in place, SAS99, in response to
fraud. They had to identify areas where there may be a possibility of fraud. They
discussed the areas with staff and found no evidence of fraud or a possibility of fraud.
Barbara Christensen, City Recorder/Treasurer asked for examples of the tests they
used to determine risk factors for fraud. Allen responded that they identified a few
areas, material items: One area was in the Utilities Division. They looked at journal
entries and detailed work with accounts receivable. They looked at wire transfers, and
they took a sampling of this to test. They looked at accounts payable also, and looked at
transactions, billing, and journal entries and expanded the normal sample sizes in
testing. Guy Nutter, Audit Committee Member asked if there was a notice or 'warning in
place if fraud did occur rather than finding it after the fact. Allen responded that they try
to give staff recommendations for new internal controls to make sure it doesn't happen.
Nutter asked for a list of items that they recommended. Allen explained that every year
they provide exit comments, and share those items with staff. Levine asked vvhat
methods are available to avoid someone committing fraud consistently over years. Allen
responded that there are new internal controls that they suggested for postin~,s between
the general ledger and utility billing software. Rogers added that auditors could do
analytical review over years, and use it only as a tool. They use sampling as \'Vell,
however they are not required to do both, but feel it is more telling.
Allan DeBoer, Audit Committee Member asked about the City's previous workers
compensation problem with fraud and if these auditors would have caught it. Allen
explained that they could not tell if they would have been able to catch it or not and
SAS99 encourages openness between staff to recognize possible problems. Tuneberg
added that it was discovered by a grocery store that recognized the names of the
people and that there had already been payments made which triggered an internal
audit. Nutter asked if there is anything done for checks and balances. Tuneberg
responded that the City changed third party administrators, and changed how bank
accounts were reconciled and how reimbursements were distributed.
Nutter asked how the auditors made sure their suggestions were implemented. Allen
responded that in the next year after the audit, they verify the process and follow up.
Tuneberg added that the City has a proactive relationship with the auditors and they are
AUDIT COMMITTEE MEETING
OCTOBER 20, 2004- PAGE 3
in contact with them throughout the year. They come several times throughout the year,
and observe the progress the City is making.
Nutter asked the auditors what would happen if they found that the City management
was unavailable or unresponsive, and if they could contact the officials. Rogers
responded that their responsibility is to the City Council and if they had any problems
they would report those to them. They have not had any with staff. Nutter asked when
they would report a problem. Rogers responded upon discovery.
Christensen asked about the Utility billing software problem that was from last years
report and when the City would be doing the CUFR. Tuneberg responded that the City
is not ready yet to produce the CUFR in house. In Utilities, they are making
improvements with efficiency and accounting issues. The City will be doing a needs
analysis on the Utility billing program and will look at other available software.
Christensen asked about the ambulance service, and if they had made any progress
with checks and balances. Tuneberg responded that the final ambulance report was
sent to the committee and the committee did not request to meet on the issuBs. He
added that they have made good progress on billings, collections, and right ofts. He
added that they have project costing in place. Christensen asked at the end of the
budget year, if they see the City losing or making money. Tuneberg respondE!d that right
now they are losing money and in this community, it will never be a money maker.
Comprehensive Financial Report
Tuneberg spoke to the missing management letter and that staff would assess what
areas would need to be worked on during the year. He spoke to accounting \/vorkloads
and what could be done with the staff that the City has in place. He added that some of
the new methods that they are trying to incorporate might not be accomplishBd for few
years due to workload.
The Committee discussed their role in the process to act on behalf of Councill, to make
recommendations and that this is the forum for hearing the management letter and
staff's responses. Christensen asked if budget committee looked at the end results of
previous budgets. Tuneberg explained that they are presented with actual and previous
years figures. Levine asked if the auditors review the budget. Rogers answered they do.
The Committee discussed the 4 supplemental and 3 transfers in the budget. Tuneberg
explained that if it is a 100/0 or higher adjustment, it must be presented at a public
hearing. Christensen asked if that was the accumulated or one item requirerrlent.
Tuneberg responded that they have a tendency to do public hearing unless it: is a very
small amount.
Nutter asked about the assumptions made on p.1 0 and about not making the
projections. Tuneberg responded that they are general fund budgetary highli~]hts,
depending on the item, they look at what is causing the change. The budgetary
AUDIT COMMITTEE MEETING
OCTOBER 20, 2004- PAGE 4
estimates are for 18 months and based upon part of year estimates, they are the best
estimates possible. It depends on who contributes to revenues. They are refined each
year and they seldom are equal to each year. Nutter asked about the seven budget
adjustments, at why at the end of the year there still was a discrepancy. Tuneberg
responded that it goes along with appropriations and that things change throughout the
year: targets from elected officials, needs from management. The committee requested
to see the revenue assumptions in the general fund from the previous year. Tuneberg
will provide.
Nutter asked if with the unfilled positions in the budget, if it created the deficit Levine
added that there are a number of dynamics involved. Revenues may be down because
the positions are not filled, for an example, if a police officer position is not fill~ed, as
many tickets are not written as expected. Tuneberg added that we are in a transitional
period, and for new top management, it was thought of before that the fund balances
were too high, now they set target fund balances lower to carry us through dry spells.
Nutter questioned Mt. Ashland Ski Area's assets on p.27. Tuneberg respondHd that they
would update the contingent liability in the final report. He added that it would be similar
to last years. Nutter asked how they arrived at $275,000. Tuneberg responded that the
figure is in the lease. Nutter asked about the City carrying the asset on the books.
Patrick Caldwell, Staff Accountant explained that what is shown is that we hold a certain
number of liquid assets payable upon request. Deboer added that if Mt. Ashland were to
default, their assets would revert to us. Levine asked if we show their new assets as
revenue. Allen responded they do if it is a large enough amount. Discussion continued
that if Mt. Ashland defaults, they must restore the mountain to an acceptable condition
for the forest service and that extent of reclamation has not been determined or the time
it would take. Nutter asked if the City depreciated the assets that they carry on their
books. Caldwell responded that they do.
Nutter asked about AFN and what would happen if technology made AFN outdated, if it
would be liability. Allen explained that it is not a contingent liability and on p24, all
liabilities are shown.
Deboer expressed concern about uninsured bank balances. The Committee discussed
if the balances were collateralized. Rogers explained that the law has recently changed
regarding this and that if the banks were to fail, they would only pay back 25cY'o of the
balance, but he believed that the whole banking system would have to fail to have a
problem. Deboer added that he believed the City would have been better off to borrow
from themselves for AFN. Rogers added that his opinion is that he would stay with US
Bank.
Christensen/Nutter ms to approve the financial report and to forward it to Council. All
Ayes.
AUDIT COMMITTEE MEETING
OCTOBER 20, 2004- PAGE 5
The Audit Committee signed the annual letter that will be included in the report
presented to Council. DeBoer asked if the report could be presented in more of an
abbreviated form. Tuneberg responded that he could provide it that way if requested.
Christensen asked about an RFP process for the auditors. Tuneberg responded that he
would like to reconvene this committee for the RFP for the auditors.
Adiournment
The meeting was adjourned at 3:00pm.
CITY Ol~
ASHLAr~D
Council Communication
First Reading of an Ordinance Amending the Ashland Municipal Code~, Land
Use Ordinance, Regarding Minimum Densities in Multi-Family Zoning
Districts
Meeting Date: November 17, 2004
Department: Community DeV~1 ment
Contributing Departments: Legal
Approval: Gino Grimaldi
Primary Staff Contact: John McLaughlin, 552- <:@)
2043 mac@ashland.or.us
Secondary Staff Contact: Brandon Goldman,
552-2076 goldmanb@ashland.or.us
Statement:
The City Council, at their November 2, 2004 meeting, held a public hearing on establishing
minimum density standards in multi-family zoning districts. The Council deliberated the merits,
and directed staff to bring back the final version of the ordinance for first reading.
The ordinance is essentially the same as reviewed by the Council at the previous me~~ting, with
the clarification regarding replacement of single family homes due to "fire or natural hazards."
Background:
The previous council communication from the November 2, 2004 public hearing is attached, as
well as the Staff Report prepared for this item. All other background infonnation regarding this
action was presented to the Council at the previous public hearing and is available in the
Planning Department.
Related City Policies
This item originated from the City's Affordable Housing Action Plan, and is supported by
numerous Comprehensive Plan goals and policies.
Staff Recommendation:
Staff recommends that the Council adopt the proposed ordinance as submitted.
Potential Motions:
Move to pass the ordinance to second reading.
Attachments:
Proposed ordinance
November 2, 2004 Council Communication
Staff Report
1
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ORDINANCE NO.
AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE, LAND USE
ORDIN~~NCE, REGARDING MINIMUM DENSITIES IN MULTI-FAMILY ZONING
DISTRICTS.
THE PE()PlE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS:
Additions are indicated in bold type, deletions in strikeout type.
SECTIOIN 1. Section 18.24.040.A. of the Ashland land Use Ordinance is modified as
follows:
"18.24.040.A. Permitted Density.
1. Base Densities. The density of the development shall not exceed the density
established by this section including the density gained through bonus
points. The density shall be computed by dividing the total number of
d\lvelling units by the acreage of the project, including land dedicated to the
public. The minimum density shall be 80% of the calculated base
dEtnsity. Fractional portions of the answer shall not apply towards the total
dE~nsity. Base density for the R-2 zone shall be 13.5 dwelling units per acre,
however, units of less than 500 square feet of gross habitable area shall
count as 0.75 units for the purposes of density calculations, with the
following restrictions.
a. Minimum lot area for unit 1 shall be 5000 sq. ft. with a minimum width of
50' and minimum depth of 80'.
b. Minimum lot area for 2 units shall be 7,000 sq. ft. with a minimum width
of 50' and a minimum depth of 80'.
c. Developments of 3 units or greater shall have minimum lot area in
excess of 9000 sq. ft. and as determined by the base density and
allowable bonus point calculations, and shall have a minimum width of
50' and a minimum depth of 80'.
2. E)~ceptions to minimum density standards. The following lots are
totally or partially exempt from the 80% minimum base density
standard of Subsection 1.
a. Lots less than 10,000sq.ft, in existence prior to the effective date
of this ordinance.
b. Lots located within any Historic District designated within the
Ashland Municipal Code.
c. Lots with existing, or proposed, conditional uses may be exempt
for that portion of the property that is subject to the conditional
use for calculations of the minimum base density standard.
d. If a lot is occupied by a single family residence as of the effective
date of this ordinance, the single family residence may be
enlarged or reconstructed without being subject to the E~O%
minimum base density standard.
e. In the event that a fire or natural hazard destroys a singlE~ family
residence, such residence may be replaced without being
subject to the 80% minimum base density standard.
f. Where floodplains, streams, land drainages, wetlands, and or
steep slopes exist upon the lot an exception to minimunr1 density
requirements may be obtained to better meet the standC!~rds of
Chapter 18.62 Physical and Environmental Constraints.
g. A lot that is nonconforming in minimum density may not move.
further out of conformance with the minimum density ~;tandard.
However, units may be added to the lot which brin!~ the lot
closer to conformance without coming all the ,vay into
conformance provided it is demonstrated that the Iminimum
density will not be precluded."
SECTION 1. Section 18.28.040.A. of the Ashland Land Use Ordinance is modified as
follows:
"18.28.040.A. Permitted Density.
1. Base Densities. The density of the development shall not exceed tlhe density
established by this section including the density gained throu!gh bonus
points. The density shall be computed by dividing the total number of
dwelling units by the acreage of the project, including land dedicated to the
public. The minimum density shall be 800/0 of the calculC!lted base
density. Fractional portions of the answer shall not apply towards the total
density. Base density for the R-2 zone shall be 13.5 dwelling unit~) per acre,
however, units of less than 500 square feet of gross habitable area shall
count as 0.75 units for the purposes of density calculations, with the
following restrictions.
a. Minimum lot area for unit 1 shall be 5000 sq. ft. with a minimum width of
50' and minimum depth of 80'.
b. Min-imum lot area for 2 units shall be 7,000 sq. ft. with a minilllum width
of 50' and a minimum depth of 80'.
d. Developments of 3 units or greater shall have minimum lot area in
excess of 9000 sq. ft. and as determined by the base d1ensity and
allowable bonus point calculations, and shall have a minimum width of
50' and a minimum depth of 80'.
2. E)~ceptions to minimum density standards. The following lots are
totally or partially exempt from the 80% minimum base density
standard of Subsection 1.
a. Lots less than 10,000sq.ft, in existence prior to the effective date
of this ordinance.
b. Lots located within any Historic District designated within the
Ashland Municipal Code.
c. Lots with existing, or proposed, conditional uses may be exempt
for that portion of the property that is subject to the conditional
use for calculations of the minimum base density standard.
d. If a lot is occupied by a single family residence as of the effective
date of this ordinance, the single family residence may be
enlarged or reconstructed without being subject to the 800/0
minimum base density standard.
e. In the event that a fire or natural hazard destroys a single family
residence, such residence may be replaced without being
subject to the 80% minimum base density standard.
f. Where floodplains, streams, land drainages, wetlands, and or
steep slopes exist upon the lot an exception to minimum density
requirements may be obtained to better meet the standards of
Chapter 18.62 Physical and Environmental Constraints.
g. A lot that is nonconforming in minimum density may not move
further out of conformance with the minimum density standard.
However, units may be added to the lot which bring the lot
closer to conformance without coming all the way into
conformance provided it is demonstrated that the minimum
density will not be precluded."
The fore~Joing ordinance was first read by title only in accordance with Article X,
Section 2~(C) of the City Charter on the 16 day of November, 2004, and duly
PASSED and ADOPTED this _day of , 2004.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
, 2004.
Alan DeBoer, Mayor
CITY Ol~
AS H LAr~ D
Council Communication
A Public Hearing on an Amendment to the Land Use Ordinance Providing for
the Establishment of Minimum Densities within the R-2 and R-3 Multifamily
Zones
Meeting Date: November 2, 2004
Department: Community Development
Contributing Departments: Legal
Approval: Gino Grimaldi
Primary Staff Contact: Brandon Goldman 552-
2076 . goldmanb@ashland.or.us
Secondary Staff Contact: John McLaughlin, 552-
2043 mclaughi@ashland.or.us
Statement:
The Ashland Housing Commission has forwarded a proposed ordinance change to the R-2 and
R-3 zoning ordinances intended to ensure those multifamily lands are developed efficiently and
in a manner that is consistent with the Comprehensive Plan. The proposed changes w'ould
establish minimum densities at 80% of the base densities within the multifamily zones.
Background:
On April 28th the Housing Commission discussed Strategy 3 of the Housing Action Plan,
concentrating on limitation of single family uses on multi-family zoned property and establishing
minimum densities at potentially 80 percent of the maximum density allowed.
The Housing Commission and Planning Commission held a joint study session on July 27th,
2004, in order to review proposed changes to the Land Use ordinance effecting Multi-family
zoned land (R-2 and R-3 zones). At this meeting Staffpresented two distinct zoning changes
regarding multifamily zones for discussion. The first being the establishment of minimum
densities within the zones, and the second being a limitation on the development of for-purchase
housing. The minimum density ordinance is the action being presented here.
On August 25th the Housing Commission held a public hearing to discuss the proposed
ordinance changes to establish a minimum density within multifamily zones.
The Planning commission held a public hearing on October 27th to receive public testimony and
review the proposed ordinance amendments.
Related City Policies
The attached Staff Report dated October 12,2004 outlines a number of City and State Policies,
and City adopted plans, that specifically relate to the proposed ordinance changes. While some
have attempted to categorize this effort as an "affordable housing" initiative, in reality, it is a
land use tool that addresses not only housing availability, but also efficient utilization of
1
r~'
urbanizable land, effective development patterns for transportation, and as a tool for limiting
sprawl.
Council Options:
The Council may adopt, amend, or deny the proposed ordinance changes.
Recommendations:
The Housing Commission reviewed the draft ordinance changes at their regular meeting on
August 25th and unanimously voiced their support for the establishment of minimum densities
and forwarded the draft ordinance changes to the Planning Commission.
The Planning Commission held a public hearing on October 27th, continued from their regular
meeting on October 12th, to review the minimum density provisions and provide a
recommendation to Council regarding the changes to the R-2 and R-3 Land Use Ordinance.
After receiving public testimony and extensive deliberation the Planning Commission approved
of the proposed changes by a 6 - 2 vote, with edits to sections "c" and "g" exceptions provisions
as shown bellOw (additions in bold italic):
c. Lots with 3uthorizcd existing or proposed conditional uses may be
exempt for that portion of the property that is subject to the conditional
use for calculations of the minimum base density standard.
g. A lot that is nonconfonning in minimum density may not move further out of
confonnance with the minimum density standard. However, units may be added
to the lot which bring the lot closer to confonnance without coming all the way
into confonnance as part of a phased project that defBonstrates provided it is
demonstrated that the minimum density will be aehieyed not be precluded.
These chang(~s were made by the Commission not to change the intent, but to better clarify the
purpose of these sections of the ordinance.
Staff reconunends approval and adoption of the establishment of a minimum density as proposed
with the Planning Commission modifications as noted above.
Potentiall\1:otions:
Move to direGt Staff to bring back the proposed ordinance changes, including the modifications
to the exception standards "c" and "d" as presented by the Planning Commission, for first
reading.
Attachments:
Minutes Planning Commission, October 26th, 2004
Minutes Housing Commission, August 25th, 2004
Minutes Joint Study Session July 27th, 2004
Staff Report dat,~d October 12, 2004
Housing Comm]lssion Memo August 25th, 2004
Memo to Joint Study Session July 27, 2004
Proposed Ordincmces (18.24 and 18.28)
Notification Mailing
Written Testimony Received (3 letters)
(pgs AI. A )
(pgs 81- 82)
(pgs CI- C2)
(pgs DI. D8)
(pg E I )
(pgs Fl. F12)
(pgs GI- G17)
(pgs HI. H2)
(pgs 11- 14)
2
ASHLAND PLANNING DEPARTMENT
STAFF REPORT
October 12, 2004
PLANNING ACTION: 2004-121
APPLICANT: City of Ashland
ORDINANCE REFERENCE: 18.24.040 (R-2) and 18.28.040 (R-3)
REQUEST: Adoption of new Minimum Density provisions within the R-2 and R-3 multifamily
zones - Chapters 18.24.040 and 18.28.040 of the Ashland Land Use Ordinance
I. Relevant Facts
1) Background - History of Application:
The City Council adopted an Affordable Housing Action Plan in 2002 that
outlines a number of strategies to address Ashland's need for affordable housing.
One such strategy was to implement Land Use regulations to limit or preclude the
consumption of Ashland multifamily-zoned lands by single-family residential
development. This recommendation was derived in response to the trend that
much of Ashland's R-2 and R-3 zones have been developed as single family for-
purchase housing, and very few apartments have been developed in n,cent years.
The Housing Needs Analysis adopted by the City Council in May 2002
substantiates that Ashland needs more multi-family rental housing. tvHnimum
densities are one land use tool employed to require residential development is
designed and built at the densities intended for the respective zone. Although the
establishment of minimum density requirements will not alone create "affordable
housing" units, it is one mechanism aimed to encourage the developnlent of
multifamily housing.
The Housing Commission and Planning Commission held a joint study session on
July 27, 2004 to discuss land use changes intended to ensure the efficient
development of multi-family zoned lands (R-2 and R-3). Staff presented
Minimum Density standards as one such Land Use strategy during this study
session.
The Housing Commission held a public hearing on August 25th. 2004, to receive
public input regarding the proposed establishment of minimum densities for multi
family zoned properties.
Planning Application 2004-121
Applicant: City of AsWand
AsWand Planning Department - Staff Report
October 12,2004
Page 1
Notice, including the proposed ordinance changes, was mailed to effected
property owners noting the Planning Commission was to conduct a Public
Hearing at their regular meeting on October 12th, 2004, followed by a Public
Hearing before the City Council scheduled for November 2nd, 7:00pm, in the City
Council Chambers. As of the date of this staff report, the Planning Department
has received no written comments regarding the proposed ordinance amendments.
2) Detailed Description of the Site and Proposal:
Properties effected by the proposed ordinance changes include all R-2 and R-3
zoned properties that are outside of Ashland's Historic Districts, and are over
10,000sq.ft. in size. The minimum density requirements would also apply to any
property that in the future is re-zoned to a multifamily zone, and/or re-developed
properties within existing R-2 and R-3 zoned lands.
The ordinance amendments to both the R-2, Low Density Multifamily Residential
District, and R-3 High Density Multifamily Residential Districts are attached. The
proposed changes to the general regulations establish a minimum density of 80%
the base density for each of these zoning designations. Exceptions to the
minimum density standards are also proposed in consideration of unique site
conditions would be problematic if minimum densities were strictly applied.
Namely, R-2 and R-3 zoned properties within Ashland's historic districts are
exempt from the proposed minimum density standard to allow for historically
compatible development patterns. The exemptions also provide for potential
reductions in density to accommodate significant natural features (floodplains,
riparian areas, wetlands, and steep slopes). In the proposed exceptions, existing
lots less than 10,000sq.ft., are also exempted from the minimum density
requirements.
Proposed modifications to the Land Use Ordinance chapters 18.24 and 18.28 are
provided in full as attachments to this staff report. Below are the provisions that
are proposed to be included in each chapter:
Base Densities.
The density of the development shall not exceed the density established by this
section including the density gained through bonus points. The base density shall
be computed by dividing the total number of dwelling units by the acreage of the
project, including land dedicated to the public. The minimum density shall be 80%
of the calculated base density. Fractional portions of the answer shall not apply
towards the total density.
Exceptions to minimum density standards are allowed in the following situations
1. Lots less than lO,OOOsq.ft, in existence prior to (the date this ordinance is
adopted), shall be exempted from the minimum density requirements.
Planning Appli,cation 2004-121
Applicant: City of Ashland
Ashland Planning Department - Staff Report
October 12,2004
Page 2
2. Minimum Density requirements shall not apply in AshlandS Historic Districts
3. The portion of the site that has a conditional use is not included in the site for
calculations of minimum density.
4. If a property is occupied by a single family home as of (the date this ordinance is
adopted) the single family home can be enlarged, reconstructed, or replaced in
the event of a natural hazard, without having to meet the minimum density
requirements.
5. Where floodplains, streams, land drainages, wetlands, and or steep slopes exist
upon the property an exception to minimum density requirements may be
obtained to better meet the standards of Chapter 18.62 Physical ami
Environmental Constraints.
6. A site that is nonconforming in minimum density may not move further out of
conformance with the minimum density standard. However, units may be added
to the site which bring the site closer to conformance without coming all the way
into conformance as part of a phased project that demonstrates the minimum
density will be achieved.
II. Proiect Impact
Currently, land zoned for high-density uses can be developed at low densities. For
example, in Ashland, high density land zoned for 20 units per acre, intended for
the development of apartments, could readily be developed at anywhere between 1
and 20 units per acre. Therefore a 1/2 acre High Density zoned (R-3) lot that is
intended to have 10 multifamily units could be developed as just 4 single family
homes on independent 5000sq.ft. lots, and be in compliance with Ashland's
zoning ordinance. Minimum Density requirements would limit the development
of this type of single-family detached housing in areas zoned for higher densities.
Staff has initially identified 32 developable properties (map Exhibit A.) within the
City Limits that would likely be effected by the proposed ordinance mnendments.
These properties were identified as those R-2 and R-3 zoned properti(~s that are
outside of Ashland's Historic Districts, are over 10,000 sq. ft. in size, and are listed
as having further development potential in the 2002 Buildable Lands Inventory.
The 2002 Buildable Lands Inventory's conservative estimate anticipates the
cumulative development potential for these selected properties to be
approximately 154 dwelling units. Under the proposed minimum density
requirements a minimum of 124 units would be developed on these properties as
they are developed over the coming years. Without the minimum density
requirements it would be possible, although unlikely given current market forces,
to develop as few as 32 additional units on these lands Gust one additional unit per
identified parcel). .
The impact of the proposed ordinance changes would also be evidenc:ed when
applicants propose changing the underlying zone from an existing lo\v-density
Planning Application 2004-121
Applicant: City of Ashland
Ashland Planning Department - Staff Report
, October 12,2004
Page 3
single-family residential zone, or commercial/industrial zone, to a multifamily
zone (R-2 or R-3). In such cases the minimum destiny requirements would apply
ensuring that the developments proposed provide a number of units consistent
with the established density for the zoning designation requested.
III. ProcE~dural - Reauired Burden of Proof
The criteria for a legislative amendment to the land use ordinance are as follows:
18.108.170.A. It may be necessary from time to time to amend the text of the
Land Use Ordinance or make other legislative amendments in order to
conform with the comprehensive plan or to meet other changes in
circumstances and conditions. A legislative amendment is a legislative act
solely within the authority of the Council.
The establishment of minimum densities is supported by both local Council
Goals, elements within Ashland's Comprehensive Plan, Oregon's Statewide
Planning Goals and Guidelines, and recommendations within the Oregon
Administrative rules for efficient transportation systems. Numerous Oregon
Communities have adopted minimum densities in all residential zones, although
Ashland's proposed ordinance relates only to our multifamily zoned lands.
The City Council, as part of their annual goal setting process, adopted the
following goal for the 2004-2005 year:
. Derive a specific list of '04 action items from the Housing Action Plan and
Needs Analysis with reasonable, measurable marks of progress.
· Consider the land use changes listed in the Housing Action Plan
· Adopt strategies to limit allowing single-family residential development in
mixed-family residential zoning districts.
· Provide in-kind support to ACLT to further affordable housing for
Ashland.
The proposed Minimum Density provisions is one Land Use strategy intended to
assist in limiting Single Family housing types within Ashland's Multi-family
zones. Although this strategy does not strictly prohibit, or limit the construction
of Single Family homes, it does address the condition that R-2 or R-3 lands can
currently be developed, or partitioned, to create low-density developments on
lands designated for higher density multi-family developments. A Minimum
Density requirement would ensure the intended density in these zones is achieved,
and given these higher densities it would encourage multifamily housing types.
Planning Applil:ation 2004-121
Applicant: City of Ashland
Ashland Planning Department - Staff Report
October 12,2004
Page 4
The City's Comprehensive Plan contains the following Goal (Urbanization
Chapter XII):
Goal XII: It is the City of Ashland's Goal to maintain a compact urban form
and to include an adequate supply of vacant land in the City so as not to hinder
natural market forces within the City, and to ensure an orderly and sequential
development of land in the City Limits.
The proposed ordinance will help ensure the limited multifamily-zoned areas
remaining within the City Limits develop in such as to be consistent \vith the
intended densities set forth in the Comprehensive Plan. Oregon cities are required
under ORS 197.296 to provide enough buildable land to accommodate a future
housing need extended out to a twenty year planning horizon. Minimum densities
are intended to be one mechanism to ensure that enough dwelling units are
developed to accommodate the projected need for housing. In many communities
residential development occurs at densities lower than those called for in a
Comprehensive Plan. Minimum Densities, in addition to Maximum (Base)
Density requirements, seek to use land inside the Urban growth boundary more
efficiently by requirffig development to be at or near planned densities. This
efficient use of land within the City Limits furthers the goal to ensure orderly
development and provide for a compact urban form.
Statewide Land Use Goals
Goal 10 Housing
The City has an obligation under the Statewide planning goals to plan for an
adequate number of needed housing units, based on current inventories and
projected population. While Ashland may continue to achieve a high percentage
of the planned densities within our multi-family zones, the establishm.ent of
minimum densities in multifamily zones provides the City with a tool by which to
predict the accommodation of future residents. A potential consequence of not
implementing minimum density requirements may be an eventual disconnect
between the City's comprehensive plan and map - what the City expe:cts to
achieve by way of housing future residents - and what is allowed in the code that
governs what actually can be built.
Goal 14 Urbanization
Goal 14 of the Statewide Planning Goals and Guidelines instructs that urban
growth boundaries (UGB) are based on certain factors, including an e:mphasis on
"maximum efficiency of land uses within and on the fringe of the existing urban
area." This Goal more than any other highlights the distinction between planning
for growth through a comprehensive plan that illustrates a community's values,
Planning Application 2004-121
Applicant: City of Ashland
Ashland Planning Department - Staff Report
October 12, 2004
Page 5
rather than simply allowing market forces and unregulated settlement patterns to
dictate urban form. Although this goal often is considered primarily in relation to
annexations and fringe development it is applicable to urban development patterns
as the density intended with the underlying zones is an integral component to the
systematic, planned, development of the City of Ashland.
Oregon Administrative Rules
Transportation Planning Rule
In order to promote efficient transportation systems the State of Oregon required
the Portland Metro area to establish minimum density ordinances, and in this rule
it was recommended that other, smaller, communities also consider the adoption
of minimum densities. As a recommendation, the City of Ashland is not required
to implement minimum densities under OAR 660-012-0035, however the
rationale promoting density as a means to utilize existing and proposed
transportation systems efficiently is furthered by the establishment of minimum
densities.
660-012-0035 (2)
Local governments in MPO areas of larger than 1,000,000 population shall, and
other governments may also, evaluate alternative land use designations, densities,
and design standards to meet local and regional transportation needs. Local
governments preparing such a strategy shall consider:
(a) Increasing residential densities and establishing minimum residential
densities within one quarter mile of transit lines, major regional employment
areas, and major regional retail shopping areas;
IV. Conclusions and Recommendations
The Housing Commission reviewed the proposed ordinance at their regular
meeting on August 25, 2004. The Housing Commission provided their support in
forwarding the ordinances changes to the Planning Commission for. the
establishment of minimum densities in multi-family zones. In deliberating the
proposed exceptions, members of the Housing Commission did express concern
with exception #3. This exception allows the portion of the site that has a
conditional use located upon it to not be included in the site's area for calculations
of minimum density. The concern raised questioned whether the future granting
of a Conditional Uses could effectively reduce the land available for residential
development. Staff believes such an evaluation, with recognition of the priority
for the use of multifamily-zoned lands for residential uses, should be considered
when reviewing any Conditional Use Permit application on R-2 or R-3 zoned
property. The proposed exception is intended to ensure that the minimum density
requirement does result in cumulative impacts that exceed the level of impacts
associated with the target use of the property. Staff believes the concerns raised
Planning Application 2004-121
Applicant: Ci1y of Ashland
Ashland Planning Department - Staff Report
October 12, 2004
Page 6
by the Housing Commission regarding the Conditional Use exception :is best
addressed by applying the existing Conditional Use Pennit criteria when new
Conditional Use applications are reviewed. For existing ConditionallJses located
on R-2 and R-3 zoned lands staff believes the exception #3 allows for retention of
the Conditional Use while ensuring future development can remain within the
impact thresholds for the individual sites.
Staff recommends the Planning Commission forward a recommendation to the
City Council to approve the proposed minimum density provisions within the R-2
and R-3 zoning ordinance.
Planning Application 2004-121
Applicant: City of Ashland
Ashland Planning Department - Staff Report
October 12, 2004
Page 7
CIT1. OF
ASHLfAND
Council Communication
Second Reading of an Ordinance Vacating a Public Alley
Between Oregon Street and Madrone Street
Meeting Date:
Department:
Contributing Departments:
Approval:
November 16, 2004
Public Works if
Legal, Comm De
Gino Grimaldi
Primary Staff Contact: Paula Brown, ~
552-2411, brownp@ashland.or.us I
Secondary Staff Contact: Jim Olson,
552-2412,olsonj@ashland.or.us
Statement:
The City Council held a public hearing on June 15, 2004, to hear a petition for and a.ny
objectives to, the vacation of an alley located between Oregon and Madrone Streets. No
objections were raised at the public hearing and Council approved the first reading of the
ordinance at that time. Typically second reading is held at the following council meeting, but
was postponed until the time of building permit issuance. The building permit is now complete.
Background:
On March 17, 2004, Mr. Bruce Moats, acting on behalf of Southern Oregon University (SOU),
submitted a petition requesting the vacation of an unimproved alley stretching between Oregon
and Madrone Streets and located between Indiana Street and Monroe Street.
The vacation of the alley is a required condition of the development for the proposed SOU
Madrone Street housing complex. The vacation request was sent to various utilities with no
objections. The Planning Commission considered this vacation at its April 27, 2004 meeting and
approved the vacation with the following condition:
That a pedestrian access easement be established and a physical pathway be created
through the development linking Oregon and Madrone Streets. The pathway should be
constructed with an all weather surfacing (crushed rock, etc.) but would not need to be
paved nor concreted. The pathway should be designed into the landscaping plan and
would not be in the same location as the vacated alley.
SOU has accepted the requirements of the Planning Commission and shows the pedestrian path
alignment on attachment 4.
During the time of public hearing, Councilor Hartzell requested that additional information be
presented regarding possible bike access. There is adequate on-street bike access on Oregon,
Madrone and Indiana Streets (see sketch on attachment 4). There is a parking lot through the site
that connects Oregon and Indiana. The pedestrian link between Oregon and Madrone is not
required to be paved or placed in concrete. The changes in elevation require that there be several
1
r.,
('( \Ldmnc ()r,,'ts,n
SO! Vdcati\Jn 2 r\.'ad J6N(!\(j:+
sets of stairs along the pedestrian path. The Planning Commission required appropriate access
through the site and it is not recommended that any additional conditions be placed on this
development.
The unimproved alley between Oregon and Madrone Streets was created in 1910 with the
recording of the Meikle and Payne Addition. The thirteen (13) foot wide alley runs in a northerly
direction and is an approximate extension of Sunrise Street to the south. The alley is opened for
traffic but carries no known utilities or service lines. The property on both sides of the alley is
owned by SOU as is over two thirds of the affected area, which is that land within 400 feet of
each end of the alley and within 200 feet of each sideline.
Related City Policies
Planning Commission Development Process
Ashland Municipal Code
A $500.00 application fee has been paid by SOU and there are no negative fiscal impacts to the
City resulting from this vacation.
Council Options:
The City Council held a public hearing on June 15, 2004, and upon hearing no objections,
Council approved the first reading of the ordinance. No adverse information has been brought
out to oppose second reading to vacate the alley. As such, the only real option for Council is to
accept second reading of the ordinance to vacate the alley and require the pedestrian access.
Staff Recommendation:
It is recommended that the City Council adopt the attached second reading of an ordinance to
vacate an alley located between Oregon and Madrone Streets and provide a separate pedestrian
access way.
Potential Motions:
Staff suggests the following motions for Council consideration:
1. That Council adopt the attached ordinance to vacate the alley located between Oregon
and Madrone Streets.
Attachments:
1. Ordinance Vacating the Public Alley with a Description (Exhibit A)
2. Vicinity Map
3. Area Map
4. Specific Pedestrian Path Alignment Map
5. Copy of Petition
2
ORDINANCE NO.
AN ORDINANCE VACATING A PUBLIC ALLEY BETWEEN OREGON STREET AND
MADRONE STREET
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The public alley between Oregon Street and Madrone Street as more
particularly described on the attached Exhibit A is vacated.
SECTION 2. As a condition of approval of this vacation the applicant shall grant to the
City of Ashland a public pedestrian access easement to be located with the rv1adrone
Street Housing Development at a mutually acceptable location.
The foregoing ordinance was first READ on the 15th of June, 2004,
And duly PASSED and ADOPTED this
day of
,2004.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2004.
Alan W. DeBoer, Mayor
State of Oregon
County of Jackson
Signed before me on
, by
, and
Notary Signature:
My Commission Expires:
Reviewed to Form:
Mike Franell, City Attorney
Attachment (1)
3
EXHIBIT A
DESCRIPTION OF ALLEY TO BE VACATED
A public alley within the City of Ashland, Jackson County, Oregon located between
Oregon and Madrone Streets and being further described as follows:
All of that thirteen foot wide alley dedicated to the City of Ashland on the plat of the
Meikle and Payne Addition filed for record on August 6, 1910 and recorded in Volume 2,
Page 44 of the Plat Records of Jackson County Oregon.
Said alley being west of and contiguous to lots 25 thorugh 32 of Block 0 of said Meikle
and Payne Addition.
June 7,2004
Alley Vacation
4
C IT Y 0 F
ASHLAND
LeG eN D VIC1N'ITY ~V\.P .2001
ii SCALE: 1" = 1/2 MILE
- 0.25 0 0.25 Miles
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