HomeMy WebLinkAbout2006-1017 Council Mtg Packet
CITY OF
ASHLAND
Important: Any citizen attending council meetings may speak on any item on the agenda, unless it is the
subject of a public hearing. which has been closed. The Public Forum is the time to speak on any subject not
on the printed agenda. If you wish to speak, please fill out the Speaker Request form located near the
entrance to the Council Chambers. The chair will recognize you and inform you as to the amount of
tirne allotted to you. The time granted will be dependent to some extent on the nature of the 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
October 17, 2006
Civic Center Council Chambers
1175 E. Main Street
6:00 p.m. Executive Session to discuss pending litigation pursuant to ORS 192.660 (2)(h)
7:00 p.m. Regular Meeting
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES
V. APPROVAL OF MINUTES [5 minutes]
1. Special Meeting minutes of September 26, 2006
2. Executive Session meeting minutes of October 3,2006
3. Regular Council meeting minutes of October 3, 2006
VI. SPECIAL PRESENTATIONS & AWARDS
VII. CONSENT AGENDA [5 minutes)
1. Minutes of Boards. Commissions, and Committees
VIII. PUBLIC HEARINGS (Testimony limited to 5 minutes per speaker. unless it is the subject of a
Land Use Appeal. All hearings must conclude by 9:00 p.m., be continued to a subsequent
~ting, or be extended to 9:30 p.m. by a tw~- . S-! f council {AMC ~2.04.040})
VI. Public Hearing and Reading by title only f," Resolutio dopting Modifications to the
Methodology for Calculating Water and Was ewater ystems Development Charges,
Pursuant to Section 4.20 of the Ashland Municipal Code, and Repealing Section 1 of
Resolution 2000-29" [30 Minutes)
2. An Appeal of Planning Action 2006-00078 - Request for an Outline Plan approval under
the Performance Standards Option Chapter 18.88 for an 18-unit single-family residential
subdivision for the property located at 247 Otis St. An Exception to the Street Standards is
requested to allow curbside sidewalk in sections of the Otis and Randy Street frontages to
preserve trees, wetlands and the residence at 247 Otis St. [2 hours)
COUNCIL MEETINGS ARE BROADCAST LIVE ON CIIANNEL. 9
VISIT THE CITY OF ASHLAND'S WEB SITI: AT WWW.ASHLAND.OR.US
IX. 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.) [15 minutes maximum]
X. UNFINISHED BUSINESS
1. Release of Draft City Charter for Public Comment [30 Minutes]
XI. NEW AND MISCELLANEOUS BUSINESS
XII. Q UTIONS AND CONTRACTS
1. Second Reading b itle Only of an Ordinance Titled, "An Ordinance Amending the
Ashlan unlclpal Code Relating to Adoption of the 2004 Oregon Fire Code"
2. First Readin~ rut title only of an Ordinance Titled" An Ordinance Amending Chapter 2.52
of the Ashland Municipal Code Relating to Rules of Procedure for Personal Service
Contracts"
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
1. Report from Council Committee on Council Rules
XIV. ADJOURNMENT
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).
COUNCIL MEETINGS ARE BROADCAST LIVE ON CI(ANNEL 9
VISIT 'rIlE CITY OF ASHLAND'S WFJ3 SITE AI' WWW.ASIILAND.OR.US
ASHLAND CITY COUNCIL A,fEET/NG
OCTOBER 3, 2006
PAGE 1 of8
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
October 3, 2006
Civic Center Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Morrison called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLLCALL
Councilors Hardesty, Amarotico, Hartzell, Jackson, Silbiger arid Chapman were present.
MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES
Mayor Morrison announced a vacancy on the Bicycle & Pedestrian Commission.
APPROVAL OF MINUTES
Councilor Jackson questioned the accuracy of the motion listed on page 6 in regards to the two representatives
for the Advisory Team being specifically from the Sierra Club. City Recorder Barbara Christensen stated she
would compare the motion to the audio tapes and report back if a correction is necessary.
The Regular Council Meeting minutes of September 19, 2006 were approved pending possible correction to
the motion listed on Page 6.
SPECIAL PRESENTATIONS & AWARDS
Mayor's Proclamation of October 1-7 as "Mental Illness Awareness Week" and Proclamation of October 8-14
as "National Fire Prevention Week" were read aloud. Members of the Ashland Fire & Rescue Team were
acknowledged by the Council and audience.
Breast Cancer Awareness Month, Blind Awareness Month, and International Walk/Bike to School Day were
also recognized.
CONSENT AGENDA
1. Minutes of Boards, Commissions, and Committees.
2. Appointment of Zack Williams to the Forest Lands Commission.
Councilor Amarotico/Jackson mls to approve Consent Agenda. Voice Vote: all AYES. Motion passed.
PUBLIC HEARINGS (None)
PUBLIC FORUM
Ambuja Rosen/Shared her concerns with the tethering of animals and requested the City adopt an ordinance
that would limit tethering. Ms. Rosen gave examples of how similar ordinances are implemented in other cities.
Pip CornaW451 Waterline RoadlPresented a resolution and asked for the Council's support to make
Ashland a "Peace City." He noted that Ashland has a history of supporting peace movements and stated there
would be many benefits to Ashland becoming part of this movement.
Marilee J enkinson/Spoke regarding the trial of Lt. Ehren Watada and submitted written materials into the
public record.
ASHLAND CITY COUNCIL l'vIEET/NG
OCTOBER 3, 2006
PAGE 20(8
UNFINISHED BUSINESS
1. Mt Ashland Area Expansion update.
City Administrator Martha Bennett explained the two-part strategy developed by staff. Part 1 is to write the
Forest Service and ask that they deal directly with the City on the permits related to the ski area settlement sale
and the expansion. Part 2 is to write Mt. Ashland Association (MAA) and state the City intends to proceed
working cooperatively with them to resolve the terms of the resolution and that the City will proceed with
issuing permit as MAA fulfills the terms of the resolution.
Kurt Buser/509 Grandview DriveIRead a letter he sent to the Mt. Ashland Association Directors. He noted
in his letter his experience as CEO of a ski resort in Lake Tahoe and advised not to expand due to the
following: 1) Lack of sustained growth in the industry, 2) Challenging economic conditions, 3) Risk
management, and 4) Favorable weather conditions vs. inevitability of global warming. Mr. Buser questioned
why Mt. Ashland is expanding and stated MAA needs to improve the existing facilities.
Selene Aitken/446 Helman Street/Asked the Council to stop the expansion of the Mt. Ashland Ski Resort.
She shared her concerns with trees being cut but the expansion not completed, and with MAA experiencing a
financial failure. Ms. Aitken voiced support for preservation of the watershed and the trees.
John Fisher-Smith/945 Oak Street/Read a letter to the City Council asking the City to act decisively before
untold damage is done on Mt. Ashland. He stated the taxpayers are ultimately fiscally responsible for what
happens and this was an unpredictable endeavor. Mr. Fisher-Smith stated MAA has failed to fully document
their financial plan and the appropriate conditions that might warrant an expansion are not present. He urged
the Council to use its power to stop the project immediately.
Eric Navickas/363 Y2 Iowa Street/Stated it is clear the citizenry of Ashland does not support the expansion
project and noted the City's long history of working to protect the watershed. Mr. Navickas commented on the
risk of liability to the City and on the history of flooding. He stated it is time for the Council to take a stand
against this expansion.
Paul Copeland/462 Jennifer Street/Suggested the Council look at the big picture and not at MAA's
diversions. He stated the litigation should be completed before any timber is cut and recommended the Council
issue a strong statement that they do not want cutting to proceed until the appeal is complete.
Shelley Elkovich/919 Oak Street/Stated that MAA has failed to clean up existing environmental messes and
erosion impacts, and they are still under appeal in the courts and have not raised the money. Ms. Elkovich
questioned why they should be allowed to proceed at this time.
Dot Fisher-Smith/945 Oak Street/V oiced her concerns with this situation and stated it is unconscionable to
allow MAA to cut the trees first. She stated it makes no sense to allow them to do this without having seen the
business plan or knowing how the money will be raised and urged the Council to not allow them to cut trees
until the appeals are satisfied.
Marilee Jenkinson/Stated the expansion would not serve the community and felt there are other things that
could be done that would better serve all of the people.
Nick Frost/224 N. Third Street/Stated the business plan in muddled and questioned why MAA has chosen to
cut the trees first. Mr. Frost asked the Council to take action to make certain that logging does not occur until
the litigation is complete.
ASHLAND CITY COUNCIL l'vlEETlNG
OCTOBER 3, 2006
PAGE 3 (Jf8
Councilor HartzeWSilbiger m/s to have staff issue a letter along the lines of what was discussed in
Executive Session to the Forest Service and that it be issued tomorrow if possible, and that a letter be
issued to Mt. Ashland Association as discussed in Executive Session. DISCUSSION: City Attorney Mike
Franell clarified the provisions of the letters as discussed in Executive Session. He explained the primary
responsibility of the City of Ashland as the permit holder is to ensure adequate provisions have been made for
the financial viability and operations, as well as restoration of the ski area in the event the operations cease; and
pursuant to the lease agreement, the City has the right to perform reasonable inspections and investigations to
ensure that operations are viable. Given that at this point the City has not been provided with sufficient
information to adequately assess the viability ofthe expansion, the City will send a letter to the Forest Service
requesting that instead of dealing directly with MAA, that the Forest Service deal directly with the City. In
addition, the City will send a letter MAA to try to resolve the outstanding questions of viability. Comment was
made that the intent is to not interfere in the operations, but to ensure that the City's responsibilities under the
permit and lease are upheld and protected. Mayor Morrison commented on the timing of this matter and stated
it is imperative that the letters be received prior to timber being cut. Roll Call Vote: Councilor Hardesty,
Hartzell, Chapman, Amarotico, Jackson and Silbiger, YES. Motion passed.
Comment was made questioning the make-up of the Advisory Group as determined at the last Council
meeting. Mr. Franell clarified the Council could reconsider the previous motion or offer a new motion with
the amended language.
Councilor Hartzell/Amarotico m/s for two seats on the Advisory Group be designated by non-active
litigants of the environmental community. DISCUSSION: Comment was made questioning whether this
removed the Council's authority to choose. Councilor Hartzell voiced her support for trusting the
environmental community to put forward people with high expertise. She stated if they are going to build
confidence in this process they should allow the environmental community to designate individuals as long as
they are not active litigants in the court case. Mayor Morrison questioned how to define "environmental
community". Public Works Director Paula Brown clarified her recommendation was for this to be individuals
who have been involved in Ashland watershed issues in the past. She suggested that the environmental
community submit names of who they would like to serve on the Advisory Group to her, and then have the
Council and MAA come to agreement on who will serve. Comment was made voicing concern with giving
MAA the opportunity to approve or deny who will be on the team. Mayor Morrison agreed that the
responsibility of selecting the team needs to remain with the City. Comment was made noting that MAA's
only request was that there not be litigants of the court case appointed to the team. Ms. Brown clarified the
candidate names would be submitted to her and she would bring the list to Council for final selection. Roll
Call Vote: Councilor Hardesty, Amarotico, Hartzell, Jackson, Silbiger and Chapman, YES.
NEW AND MISCELLANEOUS BUSINESS
1. Philip Lang request for fee refund.
City Administrator Martha Bennett presented the staff report. She explained that Mr. Lang and Ms. Miller
believe the variance process they completed was unnecessary because after their variance was denied, they
came back and received an over the counter permit from the Planning Department to allow for construction.
The applicant is requesting the amount paid for the variance and subsequent appeal be refunded. Ms. Bennett
stated that staff recommends against this, however if Council decides to grant this request she asked that they
make specific findings to identify why this situation is unique.
Philip Lang and Ruth Miller/758 B Street/Stated they are before Council to ask for an act of honesty and
fairness. He explained they initially applied to develop a library in the 6 ft. x 15 ft. sunroom on a pre-existing
deck. The library was approvable, but according to the Planning Department, the sunroom extended 6 ft. into
the required 20 ft. second story setback and this would require a variance. He noted that he questioned this
assessment at the time and offered to not have a closed roof but was told that a roof or an open coverture
would constitute a structure under AMC 18.08.750 and would still require a variance. They therefore applied
III
ASHLAND CITY COUNCIL MEE71NG
OCTOBER 3, 2006
PAGE 40/8
for a variance and paid the $832 fee. The variance request was moved up to a Type IT Hearing, which they lost,
and they subsequently appealed and lost before the City Council, which costs an additional $269. Mr. Lang
stated they have subsequently applied to build the same 6 ft. x 15 ft. sunroom with an open coverture as
originally proposed and received instant over the counter approval. He explained that the Planning Department
now states the approval is based on the definition of "story" not "structure"; and since the structure has no
ceiling or roof, it does not meet the definition of a story and the setback requirement does not apply. Mr. Lang
claimed they have been given a hard time due to his previous criticism of the Planning Department and felt
they have been treated unfairly. He stated their project was approvable without the variance and requested a
refund of the unnecessarily imposed fees in the amount of $11 0 1. Ms. Miller stated it is clear that an error was
made in the interpretation of the ordinances and since they received services they did not need, they believe
justice and fairness requires that a refund be issued.
Art Bullock/Submitted a letter into the public record outlining his reasons why the Council should grant the
request for refund. Mr. Bullock stated there was a breakdown in process that caused the applicant to go
through tremendous expense and it is clear the process was unnecessary. He stated the department that made
the mistake should shoulder the financial burden, not the victims of the process breakdown.
Interim Community Development Director Bill Molnar disagreed with Mr. Lang's claim that the two plans
were the same. He clarified the initial plans that were denied showed a permanent pitched roof structure but
the building permit issued after the denial was for a three-walled structure without a permanent roof structure.
He stated since the structure no longer had a permanent roof structure or ceiling, staff determined it no longer
constituted a "story".
Comment was made recalling that the materials reviewed by the Council during the appeal clearly indicated a
roof structure.
City Attorney Mike Franell clarified the Legal Department completed a review of the code language when the
applicant came for the building permit and determined it was appropriate to issue the permit. He stated the
over the counter application did not include the permanent roof structure and disagreed that the applicant
reached the same eventual outcome.
Mayor Morrison commented on the work being done by Siegel Planning Services to eliminate unclarity and
loopholes within the land use ordinances and stated they are working towards making the planning process
clearer and less subject to interpretation.
Councilor Silbiger/ Amarotico m/s to deny request for refund. Voice Vote: all AYES. Motion passed.
2. Request for a Variance to Allow Operation of a Light Plant for ODOT Night Work.
Public Works Director Paula Brown introduced Erica McCarten and Joe Thomas with the Oregon
Department of Transportation (ODOT). She clarified the variance request is for night work and the related
noise to complete improvements to a section of Siskiyou Boulevard between Mistletoe Rd. and Exit 11.
Ms. McCarter explained a section of concrete between Tolman Creek Rd. and Crowson Rd. is deteriorating in
places and needs to be repaired. ODOT is requesting a variance to allow them to flag at night while the lane
they are working on is closed, and they will need to have light plants so the drivers can see the flaggers. She
stated they are anticipating up to four consecutive days to repair each lane and stated they will reopen the lanes
as quickly as possible. Ms. McCarter noted that ODOT's Public Relations Specialist Bill Boyett has spoken
with four of the six property owners in the affected area and left information with the other two and they have
not received any adverse comments.
Ill".
ASHLAND CITY COUNCIL lvlEETlNG
OCTOBER 3, 2006
PAGE 5 of8
Mr. Thomas clarified ODOT will repair the concrete where it is failing and then overlay all the concrete w"ith
asphalt. It was also clarified they would be performing some bicycle and pedestrian improvements including
adding some curbs and sidewalks and repairing some of the section with loose gravel.
Councilor Hartzell suggested sending the residents in the area notice if the Council approves the variance.
Councilor Hardesty stated if ODOT has a "less noisy" generator that it be used for this project.
Public Hearin2 Open: 8:56 p.m.
Public Hearin2 Closed: 8:56 p.m.
Councilor Amarotico/Chapman mls to approve ODOT's request for a variance to allow night
operations, including noise from generator powered lighting, for a limited time on Siskiyou Boulevard
between Walker Avenue and the 1-5 interchange during the construction period from April to
September 2007 . Voice Vote: all AYES. Motion passed.
3. Discussion of City Charter Ballot Timeline.
Management Analyst Ann Seltzer presented the staff report and explained that Council reviewed the draft
City Charter in July and indicated there was not adequate time to get the Charter placed on the November
2006 ballot. She requested the Council consider the proposed time line submitted, which would place the
Charter on the May 2007 ballot. Ms. Seltzer noted the proposed time line allows for five meetings, including a
public hearing, and stated the City's deadline to submit materials to the County would be March 15,2007.
City Administrator Martha Bennett asked that the Council agree on when they would like to place the City
Charter on the ballot so staff can communicate this with the public and provide the citizens a fair opportunity
to work within the City's process or have their own process if necessary.
Comment was made requesting they allow ample time during the meetings for discussion. It was clarified
Council previously agreed to have the strong mayor vs. city manager issue as a separate ballot measure.
Ms. Bennett stated the decision point is whether Council is ready to take public comment, not whether the
document is ready to be placed on the ballot.
City Attorney Mike Franell noted there are some additional items staff will bring forward for Council
discussion at the proposed October 17 meeting including the separation of the Police and Fire Departments
and suggestions received from individual councilors. He requested that the Council submit any additional
comments or suggestions to the Legal Department and agreed to email a copy of the draft Charter and
comments from the previous Study Session to the Council.
Ms. Seltzer noted an error in the staff report and stated there will not be a separate meeting in November to
discuss the water language.
Councilor Hartzell recommended the Council discuss the water language before they take public comment
and questioned if an ethics provision would be included in the Charter. Mr. Franell clarified the draft Charter
includes a section that indicates the City will adopt its own ethics ordinance and previous Council consensus
was that it is better to have this provision outside the Charter.
Art Bullock/Spoke regarding the public forum aspect of the proposed schedule and voiced conoern with
discussing all of the changes in one meeting. He stated this would be too much information for citizens to
absorb at one time and thinks it would generate more "No" votes for the Charter. Mr. Bullock voiced his
objections to the current water language and with the proposed timeline and suggested a better design would
be to present the options to the community and let the citizens weigh in on which ones they prefer.
--",-,-
ASHLAND CITY COUNCIL ,HEETlNG
OCTOBER 3, 2006
PAGE 6 0/8
Ms. Bennett stated if the Council feels they need more time that is fine, but asked that they identify a target
date and stick with it.
Support was voiced for committing to the May 2007 election. Mayor Morrison recommended that they focus
on preparing language they are satisfied with and that reflects the input from the Charter Review Committee
and forward it to the citizens for a vote, and voiced his support for shooting for the May 2007 election.
Councilor Jackson/Silbiger m/s to adopt the schedule presented by staff with a target to place the
Charter revision on the May ballot. Voice Vote: all AYES. Motion passed.
4. Discussion of Future of Railroad Property.
Management Analyst Ann Seltzer presented the staff report and listed the three discussion points: 1) What are
the City's goals for development of this property, 2) Could the City buy the property as is, and 3) What are the
Council goals for the clean up of the property. She stated Union Pacific has indicated they will not move
forward with the clean up in 2007 and noted the importance for staff to be clear on what the vision for this
property is once it is under development.
Interim Community Development Director Bill Molnar presented a slide show, which addressed:
. Study Area
. Significant Actions
. Existing Standards
. Railroad Property Master Plan/Key Elements
. Adopted Street Plan
. Illustrations of Central Core/Train Station Concepts
. Public & Natural Spaces
. Parking Management .
Councilor Hartzell/Hardesty m/s to extend meeting until 10:30 p.m. Voice Vote: all AYES. Motion
passed.
Donna Andrews/3821 Fieldbrook/Commented on the opportunity for an entire development to be created
and suggested the City look at models from other communities where there has been a partnership between the
city, railroad and local developers. She applauded this opportunity and stated they could create something
that would be a "gem" for Ashland.
Nick Frost/224 N Third Street/Suggested the City create another core for Ashland and to make it a place
that would be a gathering point for locals. He stated the Downtown and lower Lithia Park has become a place
for tourists and voiced support for creating a new open space and park for the local community. Mr. Frost
stated the design seems to be geared to address traffic flow and suggested they consider blocking off the
central core to vehicles. He voiced his support for the City looking into the idea of purchasing the railroad
property and stated if the City cleans up this land they will have more control over the final result.
Eric Navickas/363 Yz Iowa Street/Stated there are two missing elements, one is open space and the other is
urban public space. He stated this is the last contiguous open space within the City's urban growth boundary
and it has some real opportunity to be developed as a park. He noted the two industrial ponds and functioning
wetlands on this site and suggested the City protect the ponds and maintain the space around them as parks.
Mr. Navickas questioned the mixed-use element throughout the project and stated they should not try to
create a second commercial area that tries to compete with Downtown.
Council discussed whether they were interested in a possible purchase of this property. Councilor Hardesty
suggested the Planning Commission be involved planning and suggested a possible joint Study Session with
ASHLAND CITY COUNCIL ,HEETlNG
OCTOBER 3, 2006
PAGE 70/8
the Council. She stated this is a great opportunity and would like to see public involvement. Councilor
Hartzell stated it is premature to discuss the plan before they address the issue of whether to purchase the
property. She stated there is opportunity to use this parcel for the public good and voiced support for giving
consideration of how the City might gain control of the parcel. Councilors Silbiger and Chapman also voiced
support for the City looking at possibly purchasing this property. Councilor Chapman added that the draft plan
presents a good start, however there are lot of things he would change. He stated it would be great to look at
this as an entire project and stated it could be cost effective to develop underground storm management and
parking at the same time as the clean up. Councilor Jackson voiced support for looking into the purchasing
option but stated she has questions about how much it would cost to clean up the property and what funding
might be available. Councilor Arnarotico stated he is interested in figuring out how to gain control over what
is build there, but does not think it needs to be built out quickly.
Mayor Morrison stated this needs to be looked at very carefully before they spend any money. He stated they
are a long way from looking at a purchase plan and stated there are ways to control what develops in that land
without owning it. Right now they are faced with the clean up problem and voiced support for looking at what
their options are.
Councilor Hartzell asked if staff could do some research with the state agency to determine what funds are
available at the state and federal level for the clean up. Ms. Seltzer clarified the maximum the City could
receive is $1 million and the City would have to own the land to qualify for these funds.
Ms. Bennett summarized Council's discussion and stated there is interest in staff investigating both a total or
partial purchase of this property and what land use regulations apply. She stated staff would do some
exploration into these issues and this would return to Council as a Study Session in the future.
Mayor Morrison clarified this issue was brought forward to make everyone aware that there is a master plan
and to start the process so they are prepared when the clean up issue comes up again.
ORDINANCES. RESOLUTIONS AND CONTRACTS
1. First Reading by title only of an ordinance titled, "An Ordinance Amending the Ashland
Municipal Code Relating to Adoption of the 2004 Oregon Fire Code." .
Fire Prevention Officer Margueritte Hickman presented the staff report and explained there were two
provisions Council had previously expressed concern with because they were less restrictive than the State
minimums. The first provision was to require a turn-around at the end of a 250 ft. dead end; the State Code
requires a turn-around at the end of a 150 ft. dead end. The other was a provision regarding the fire flow. Ms.
Hickman explained the City amended the provision in 1991 to allow 750 gpm for single family dwellings less
than 3600 sq. ft.; the State Code is 1000 gpm. She explained that both provisions were determined by the
State Fire Marshall's Office to be legal adoptions even though they are less than the State Fire Code. Ms.
Hickman added she met with City's Water Department and significant improvements have been made to the
water system that would allow them to meet the Oregon Fire Code requirement of 1000 gpm.
Staff recommended adoption of the amendment and ordinance provided in the packet materials. Ms. Hickman
stated if Council chooses to adopt the 150 ft. turn-around requirement, staff recommends bringing forth an
amendment to the Land Use Ordinances to avoid code conflicts. She also recommended that staff pursue
improvements in Fire Code related final inspections by the Fire Department staff in new projects.
Councilor Silbiger noted that Ivy Lane was mentioned in the staff report and declared a potential conflict of
interest and stated he has a relative that resides on Ivy, however this would not affect his decision.
Councilor Hardesty noted that Jacqueline Street was also mentioned in the staff report. Ms. Hickman clarified
if the Council chooses to accept the amendment it would affect future developments but not the current
.-----. - TV--.-
ASHLAND CITY COUNCIL l\lfEETING
OCTOBER 3, 2006
PAGE 8 of8
development that is there.
Councilor Chapman voiced support for adopting the State Code but questioned why not accept all the changes
at the same time. Ms. Hickman noted the vegetation ordinance would take some time.
Councilor HartzeWJackson m/s to move the Ordinance to second reading and that staff move forward
to implement improvements in Fire Code related final inspections by Fire Department staff in new
projects. DISCUSSION: Councilor Hartzell clarified this motion addresses options one and two listed
under staff recommendations in the staff report. Roll Call Vote: Councilor Amarotico, Hartzell, Hardesty,
Chapman, Silbiger and Jackson, YES. Motion passed.
Ms. Hickman clarified staff would move forward with bringing forward an amendment to the Municipal Code
for the turn-around provision.
2. First Reading by title only of an ordinance titled, "An Ordinance Amending Chapter 2.52 of the
Ashland Municipal Code Relating to Rules of Procedure for Personal Service Contracts."
Delayed due to time constraints.
3. First Reading by title only of an ordinance titles, "An Ordinance Amending AMC 3.08.020 to
Apply Ethics Provisions to Employees, Appointed Officials and Elected Officials."
Delayed due to time constraints.
OTHER BUSINESS FROM COUNCIL MEMBERS
Councilor Jackson briefly commented on the Regional Problem Solving Process and stated they had held their
first meeting to begin deliberating and preliminarily accepting individual growth areas and they would be
working on this process for the next few months.
ADJOURNMENT
Meeting was adjourned at 10:30 p.m.
Barbara Christensen, City Recorder
John W. Morrison, Mayor
,..,,--,--
CITY COUNCIL SPECIAL MEETING
SEPTEMBER 26, 2006
PAGE I of2
MINUTES FOR THE SPECIAL MEETING
ASHLAND CITY COUNCIL
September 26, 2006
Siskiyou Room, Community Development Building
51 Winburn Way
CALL TO ORDER
Mayor Morrison called the meeting to order at 1 :05 p.m. in the Siskiyou Room, 51 Winburn Way.
ROLL CALL
Councilors Hardesty, Silbiger and Chapman were present. Councilor Hartzell arrived at 1: 13 p.rn.
Councilors Amarotico and Jackson was absent.
Discussion of Jud!!e Panner's rulin!! on Mt. Ashland
It was noted this meeting was requested by Councilors Hardesty and Hartzell. Mayor Morrison stated he
would have to leave by 1 :30 p.m.
The letter received from Mt. Ashland Association (MAA) was noted. The letter stated MAA would not
take action for 30 days and agreed to meet with the City to set the ground work for the business plan. It
was recommended the City work with MAA to outline what is needed in regards to the selection of the
QA/QC Team.
Councilor Hardesty stated she appreciated Mt. Ashland Association's willingness to work with the City,
but voiced concern with the Forest Service beginning work on or around October 5,2006. Hardesty
questioned what the City's legal rights were and felt that the council had not been provided with adequate
information. She stated that there were a lot oflegal questions that needed to be asked, including whether
there would be adequate funding for restoration. She also questioned the impact of the Roadless decision.
Ms. Hardesty stated that if the contract was allowed to cut timber she had concern that there would be no
opportunity for the council to ask MAA to wait. That once there is a contract, there is not much the
council would be able to do to stop any cutting of timber. She requested that MAA comply with the 2005
Resolution and that they provide a Business Plan that is adequate for expansion.
Councilor Hartzell arrived at 1: 13 p. m.
Councilor Hardesty stated that this is more than about the Business Plan. That legal questions need to be
answered which include the impact of the Roadless Condition. She questioned that if the meetings with
MAA don't provide enough information what the city's legal rights would be.
It was clarified that the Roadless Condition is a separate decision but Ms. Hardesty did feel it would be
impacted. Councilor Chapman stated that this is classified as recreational and Ms. Bennett explained that
the Roadless Condition would be a question for the Forest Service. The task before the council was to
implement the 2005 Resolution with MAA.
Ms. Hardesty stated that Ashland's City Attorney is not a specialist in this area and suggested the City
bring in another attorney to help with these legal matters.
Councilor Hartzell voiced support for bringing in someone with this type of legal specialty. She noted the
lease with MAA states they need written permission from the City for the improvements. She voiced her
concern with how the restoration costs will be dealt with and stated the liability might be higher during
construction than after. She noted that there is nothing in the current lease that covers the expanded area.
CITY OF
ASHLAND
JOINT MEETING
OCTOBER 5, 2006
PAGE 1 OF 4
Ashland City Council, Ashland School Board, and Ashland Parks Commission
Joint Meeting
October 5,2006, 7:00 pm
Civic Center Council Chambers, 1175 East Main Street
The meeting was called to order by Councilor Alex Amarotico at 7:02 pm on October 5,
2006 in the Civic Center Council Chambers, 1175 East Main Street Ashland, Oregon.
Attendees:
City Councilors Amarotico, Hardesty, and Hartzellwere present.
Mayor Morrison, Councilors Chapman, Jackson and Silbiger were
absent.
School Board Members Amrhein, Alexander, Marr, Parker, and
Patton were present.
Parks Commissioners Amarotico, Eggers, Gardiner, Lewis and
Rosenthal were present.
Staff:
Martha Bennett, City Administrator
Mike Franell, City Attorney
Don Robertson, Parks and Recreation Director
Juli Di Chiro, School Superintendent
INTRODUCTION AND AGENDA REVIEW
Mr. Amarotico proposed that we postpone the mass transit and workforce housing until
a later date as all the members of those committees are not present. All agreed.
Councilor Hartzell requested that we also give the school board time to give information
on the upcoming school bond. All agreed.
It was decided that, due to the late delivery, the minutes from the May 25, 2006 meeting
will be approved at the next meeting.
PUBLIC INPUT
Melissa Mitchell-Hoogel gave her thanks for the efforts this group has made on the
improvement of the school parks. She gave to each group a large thank you note from
Save Our Schools and Playgrounds, which had been signed by some of the children
and families who use the playgrounds.
City of Ashland
20 East Main Street
Ashland. Oregon 97520
www.ashland.or.us
Phone: 541-488-6002
Fax: 541-488-5311
TTY: 800-735-2900
rj.'
JOINT MEETING
OCTOBER 5, 2006
PAGE 2 OF 4
EFFECT OF EUGENE LEVY RULING ON ASHLAND LEVY AND PROPOSED
APPROACH TO ENSURING ASHLAND RESPONDS TO COURT RULING
Mike Franell gave an overview of the Eugene levy decision, as well as the differences
between that levy and the City of Ashland's levy. In brief; the Eugene levy, which was
based on the Ashland levy, was challenged by a tax payer in the tax court. The tax
court ruled against the Eugene levy. In doing so the tax court determined that the state
statute which allocated to the local government a 10 million dollar cap was
unconstitutional. Once the tax court made this determination the City of Ashland joined
with the City of Eugene and a school district out of the City of Portland in appealing this
decision to the Supreme Court. The Supreme Court upheld the tax court's decision.
This does not mean the levy itself is invalid, but the portion of the levy which is used for
education services now has to fall under the 5 million dollar cap for education services.
Juli Di Chiro reminded the group they have been discussing long-range maintenance of
all public school grounds in Ashland - both those which are being used as parks and
those which are currently open schools. Julie thought this would be a good opportunity
to work on both school grounds maintenance and making the levy comply with the
court's decision.
The other difference between the Eugene levy and the Ashland levy is that Ashland
Schools have a contract with the City Parks and Recreation Department, and that .
contract can be amended at any time without approval of the voters. Juli recommended
the contract be changed. The current contract is for approximately $139,000 to Parks
for maintenance of Briscoe and Lincoln as well as for some programs for youth. It was
recommended that there be an increase in the amount of money going to Parks they
can take on more of the over-all school grounds maintenance. Additionally, Parks could
increase funding towards current Parks programs for Youth (such as Nature Center
Programs). We currently don't know what that exact increase amount might be, as
more research from the County Assessor's office is necessary.
Juli stated that the change in the current Parks/School Board contract will mean less
money to the School District. However, Juli and all those on the committee working on
this proposal believe the School District can work within the lower budget without too
much effect on programs. Juli stated this contract change would show a good faith
effort on the part of the City and School Board to look at the effect of the Supreme Court
decision, remedy the possible new illegalities and still stay within the spirit of the original
will of the voters. This good faith effort should prevent any court from deciding against
us, should the levy be challenged in the next year. This also alleviates some of the
difficulty the School District has with grounds maintenance.
Discussion was had regarding the effect on staffing in the Parks Department, Don
Robertson stated if they were to take over this contract for the last half of this fiscal year
and for all of next year they would add temporary, part-time workers. If, however, they
could get a guarantee that Parks would be maintaining the School Grounds on a longer-
City of Ashland
20 East Main Street
Ashland, Oregon 97520
www.ashland.or.us
Phone: 541-488-6002
Fax: 541-488-5311
TTY: 800-735-2900
~.l'
-~- TlIT-
JOINT MEETING
OCTOBER 5, 2006
PAGE 3 OF 4
term basis they could hire permanent, full-time workers. He did not want Parks to hire
permanent people with the possibility of having to release them in 18 months.
It was confirmed, until the current levy sunsets in June of 2008, the taxes would still be
collected the same as they currently are, the change we are talking about is in how
those collected monies are spent.
Each group will get this item on their agendas prior to December 1, 2006, so the School
District can cancel the current school maintenance contract with the County and can
start the new contract with Parks at the mid-point in the fiscal year.
MASS TRANSPORTATION
Moved to next meeting.
WORKFORCE/AFFORDABLE HOUSING AS IT RELATES TO ALL THREE GROUPS
Moved to next meeting.
COMMENTS REGARDING BOND MEASURE
Election will be November ih. Ballots will be mailed October 20th.
Bond committee has been meeting for over a year. They hired an architectural
consultant to review all school facilities. The committee reviewed those
recommendations, did research, open houses and reached consensus with the school
board as to what the highest priority needs are and this resulted in what is currently on
the ballot for November.
The bond is a renewal of a bond which will expire June of 2007. The new bond will be
for 46.8 million, starting July of 2007. It is based on $2 per $1000 of asset value.
The reason for the bond is that many of the school buildings are reaching the "end of
their life". All the facilities need to be upgraded in order to reduce or stabilize the ever-
increasing cost of maintenance of these facilities.
Components of the bond:
. Add infrastructure on all facilities including; upgrades on heating, air-
conditioning, and roofs, repair of drainage issues, and improvements in
parking/drop-off areas.
. Remodeling the back of the high school, which is the gym facility with music
classrooms and adding a scene shop for the new theater.
. Rebuild Bellview Elementary. The cost of remodeling versus rebuilding is so
close the committee decided rebuilding and making the facility a "green"
building and LEED certified was the better option.
City of Ashland
20 East Main Street
Ashland, Oregon 97520
www.ashland.or.us
Phone: 541-488-6002
Fax: 541-488-5311
TTY: 800-735-2900
r.l'
JOINT MEETING
OCTOBER 5, 2006
PAGE 4 OF 4
. Add a new facility at Helman to alleviate the cramped combination of
cafeteria, gym, and stage currently in use.
. Expansion of library facilities at Walker Elementary.
DISCUSSION OF NEXT STEPS
Each group will put the Parks/School Board contract on their agenda, prior to
December.
Staff was requested to set up times which will work for all next year so we don't do the
calendar shuffle. Meeting months should be: January, April, July, and October.
Staff was requested to pull list of items for discussion from first meeting so it can be on
the agenda for the first meeting of next year.
ITEMS FOR THE NEXT AGENDA
. Mass Transportation
. Workforce/affordable housing
. List of items for discussion - created at first meeting on June 28, 2005.
The meeting was adjourned at 8:16 pm.
Respectfully Submitted,
Diana R. Shiplet
Executive Secretary
City of Ashland
Administration Department
City of Ashland
20 East Main Street
Ashland, Oregon 97520
www.ashland.or.us
Phone: 541-488-6002
Fax: 541488-5311
TTY: 800-735-2900
~.t. 1
III
CITY OF
ASHLAND
Minutes
Conservation Commission
08/23/06
These Minutes were approved by Conservation Commission at the September 27, 2006
Conservation Commission Meeting.
August 23, 2006- 7:00 pm
Community Development Building
51 Winburn Way
Ashland
CALL TO ORDER
Chairperson Amarotico called the meeting to order at 7:03 p.m. in the Community Development Building.
ROLL CALL
Attendees: Risa Buck, Lindsay Gerken, Kathryn Houser, Jim Hartman and Melissa Schweisguth were
present. Russ Chapman, Stuart Corns, and Ross Finney were absent.
City Council Liaison: Alex Amarotico
Staff Liaison: Larry Giardina
APPROVAL OF MINUTES
Chairperson Amarotico asked for an approval of the July 26, 2006 minutes.
Commissioner Schweisguth noted her name was spelled incorrectly.
Commission Buck questioned the wording of the recommendation sent to the Council. Below is the exact
wording sent to the Council on August 15, 2006.
"The Ashland Conservation Commission recommends that the City design, build &
certify the new Fire Station No 2 building to at least LEED Silver standards and that we
meet the additional requirements for a State Tax Credit for design assistance funding, as
per the sustainable building tax credit. The commission believes that in the interest of
making the LEED project successful and less expensive, LEED requirements need to be
integrated at the very beginning of the design process. Further, the City should utilize
this project to evaluate the LEED process and program to see if future City facilities
should be constructed to these same LEED standards."
Commissioner Schweisguth made a motion to approve the minutes of July 26, 2006 with stated
corrections, and Commissioner Buck seconded the motion.
Voice vote: all Ayes. The motion passed with a unanimous vote.
The minutes of the Conservation Commission Meeting of July 26, 2006 were approved.
PUBLIC FORUM
Tracing Harding spoke to the Commission about the Car Free Day event and wondered if the Commission
wanted to host a table this year. The event will be September 22,2006 from 3-7pm, located on Oak Street
CC Minutes 08 23 06 doc. doc
Page 1 of 4
between Lithia Way and E Main Street. There was discussion about the event last year and possible
improvements for this year. Plans for this year include: bicycle rodeo for kids, free how-to bike
maintenance, bite-it free style tricks, walking tours, info shops, practical alternatives to car dependence,
transportation hero award and education & outreach booths.
ASHLAND SANITARY & RECYCLING UPDATE:
Commissioner Chapman emailed an update to the Commission. He mentioned $1,192.00 of the $1500.00
light tube grant has been used. He said Ashland Sanitary will agree to cover the costs over the $1500.00
until the end of the year and will evaluate this program at the end of the year.
OLD BUSINESS
Future of Florescent Bulb Grant
The future of florescent bulb recycling grant was discussed. Ideas included contacting businesses
to see if they would contribute, for example Bi-Mart or Ashland Hardware, establishing a deposit
law, increase in the disposal service to cover the costs and applying for the local Ashland Coop
grant. Larry Giardina reported about the Energy Star program and our relationship with them.
Also, he reported about the buy down program the City is currently are doing with Bi-Mart, where
we subsidize the cost of the bulb, so the retailer can offer it at a much reduced price.
Commissioner Hartman moved to approve another payment of $500.00 to keep the grant going to
subsidize the compact florescent grant to Ashland Sanitary, but later after discussion withdrew the
motion.
Clarification of Sub-Committee
The commissioners talked about how to structure the Commission and sub-committees.
NEW BUSINESS
Dave Chapman-Brain StorminQ
City Councilor Dave Chapman spoke to the Committee about developing a subcommittee to
develop ideas through the process of "brain storming." He gave them a brief report of his past
interests in conservation, sustainability, and his past experience with other citizens and a brain
storming committee. He was hoping for a monthly public forum where committee members and
citizens would be able to share ideas. Some starting topics may include Green Space, How does a
community address: parks, gardens, farms, open space and buffers between cities, water and
sewage, wastewater, and water treatment, air quality, water quality, toxic, transportation, land use,
housing community and community economic development.
The members discussed with Mr. Chapman different systems, costs, reorganization, finance and
the 4 ideas of building local wealth:
Make more with less, consider your resources
Make money circulate, buy locally
Make things yourself, slow imports.
Make something new for export.
They spent time realistically looking at how this group/subcommittee would function with
community input, support and sustainable actions. Commissioner Buck felt the City of Ashland
needs to adopt a "guiding commitment" that would support the generalities of day to day city
functions. Mr. Chapman explained the general principles that govern the City are the in line with
this thinking, but the implementation period is very long. He hopes to be able to develop a City
Task Force that would also look at these issues.
CC Minutes 08 23 06 doc.doc
Page 2 of 4
Commissioner Buck reported on her meeting with Paula Brown, Director of Public Works, regarding Bio-
diesel fuels for vehicles and she would at any time receive recommendations from the Conservation
Commission regarding standards for fuel, or any other suggestion. She reported about the
recommendation from the City of Portland that there would be 5% blend for all diesel vehicles which is 5%
bio-diesel and 95% diesel, and other gasoline would be at least 10% ethanol which would reduce in one
year the petroleum use by 15-35 million gallons.
Commissioner Buck also reported about the Ashland school District and the 3 year old Green Diesel
program, which consists of regular petroleum diesel with lower sodium content and a special cadillac
converter.
Renewable Pioneers Renewal-Green TaQ Purchase
Mr. Giardina reported for Paige Prewett (former member) with a suggestion to repurchase 25 green
tags. The Commissioners discussed offsetting energy usage by the Conservation Department and decided
to would wait until the next meeting to see how many green tags would be needed. He reported in Ashland
there were 3,530 green tags sold with 50 commercial participants.
SUBCOMMITTEE REPORTS
1. Garbage Land Sub-Committee
Meeting on August 29,6:30 at Standing Stone Brewery
2. Education/Events
Green and Solar Tour will take place October 14, meeting at the Civic Center. This year will be two
50 passenger busses to 5 residential sites. There will be a $5.00 cost for the busses. Many
different types of alternative energy and conservation measures will be on the tour.
Salmon Festival is October 7, 2006.
The Conservation staff will attend a Green Building conference in San Francisco, September 27,
2006. In addition, Robbin and Larry will learn about restaurant sustainability.
3. Green Business
They discussed a need for specific measure to qualify for green businesses and how long a
business would be considered green, if they needed to re-qualify each year.
COMMISSION ITEMS NOT ON THE AGENDA
Counselor Chapman wondered if the Commission had discussed the Valdez Principles and tagging onto
the Valdez Principles-- The Precautionary Principle:
"When an activity raises threats of harm to human health and the environment, precautionary
measures should be taken even if some cause and effect relationships are not fully established
scientifically. In this context, the proponent of a activity rather than the public should bear the
burden of proof. The process of applying the precautionary principle must be open and forum
democratic and must include potentially effected parties. Must also involve an examination of a full
range of alternatives, including no action."
He stated this was adopted by New York state, Massachusetts, San Francisco, Marion County, and
Eugene was working on it.
CC Minutes 08 23 06 doc.doc
Page 3 of 4
III
ANNOUNCEMENTS
Next meeting date, September 27,2006.
ADJOURNMENT
Meeting adjourned at 9:03 pm.
Respectfully submitted,
Mary McClary, Assistant to
Electric Department
CC Minutes 08 23 06 doc.doc
Page 4 of 4
MEMBERS PRESENT: RIC ar rock (Chair), Anthony Kerwin, Jim Lewis, Dan Maymar, Diane White
Members Absent: Joseph Vaile
Staff Present: Chris Chambers, Marty Main, Keith Woodley, Nancy Slocum, Pieter Smeenk
Non-Voting Members Present: None
'SION
I. CALL TO ORDER: Chair Brock called the meeting to order at 5:33 PM in the Siskiyou Room.
II. APPROVAL OF MINUTES: LewislWhite m/s to approve the minutes of July 11, 2006 as submitted.
Motion passed unanimously.
III. PUBLIC FORUM: None
IV. ADJUSTMENTS TO THE AGENDA: None.
V. OLD BUSINESS
A. AFRCA T / AFR Update - Moved to later in the agenda.
B. Noxious Vegetation Inventory and Control Plan Update - Chambers reported that he was working to
create an inventory map. GIS mapping would include name, species, location and an identification
number. He would like to find out how far blackberry extends into the watershed. Scotch broom
could be found mostly below 3000 feet. Dalmatian Toadflax was also a potential problem. Starthistle
populations were typically limited to the Granite quarry and lower elevation sites so there was still a
good chance to manage it. As of now there are no plans for herbicide only hand pulling and digging,
but injecting herbicides in a single plant to kill an area had not been ruled out.
Brock asked if the inventory would include private lands. Chambers said Scotch broom would be
inventoried.
Grant money for managing noxious vegetation was available from OWEB and FWS. Chambers was
hoping some of the inventory work would be done as SOU senior projects at no cost.
Besides management of noxious vegetation, the commission discussed puncture vine and distribution
prevention.
C. Review Winburn Inventory Data and Prescriptions - Moved to later in the agenda.
D. Continue Discussion on MOU Draft - Woodley gave an account of his meeting with Ashland
District Ranger Linda Duffy. Duffy said a change in the MOU would have to be approved in
Washington DC. Duffy thought the current MOU was adequate and that naming a specific project
would "age" the document. She did not think it is worth the effort.
Brock said the goal of changing the MOU was to allow the city to monitor AFR, give feedback to the
Forest Service and to be kept informed with annual reports. If Linda Duffy were to retire, the MOU
would still be in effect. He suggested submitting our final draft and seeing what happens. Kerwin
suggested putting it back on the agenda for October.
A. AFRCAT / AFR Update -Brock wanted to be assured that the Forest Service did not require
C:\DOCUME-I \shipletd\LOCALS-1 \ Temp\SEP 12 06.doc
ASHLAND FOREST LANDS COMMISSION MEETING
Page 1 of3
..
anything further from the Commission regarding the Northern Spotted Own model. Main said no
further action was needed.
Woodley mentioned to Duffy the Commission's desire for the Forest Service to do some sample
marking in AFR. Duffy said yes, but wanted the marking to be done with ribbon. She thought a lot of
marking would have to be done to get a representative sample and perhaps it should wait until after
surveys were complete (Spring/Summer 2007). She also said the marking had to be done at the
City's expense. Woodley wondered if the markings were to be used as a public educational tool,
would they really be accurate. Main agreed.
Brock reminded the Commission that Vaile had volunteered to come up with a list of problematic
areas to mark (e.g. mid elevation areas). No decision was made regarding sample marking.
Main reported that Carl Skinner is conducting a shortened field study of the 300 year fire history in
our watershed.
Main also stated that the Forest Service's abiotic model ended up on being of no use to the AFRCAT
to alter prescriptions within the community alternative because of the course grain, bias towards
California habitat and the south facing late successional reserve. Again, a follow-up letter to the
Forest Service was not needed.
C. Review Winburn Inventory Data and Prescriptions - Slocum spoke to Maria Harris, Senior Planner
and Staff Liaison to the Historic Commission, regarding approaching the Historic Commission to
make a recommendation regarding the Winburn Camp. She reported that it is not in the Historic
Commission's purview or area of expertise to make a recommendation. Harris suggested, after a
decision is made on how to manage the area, the Commission send them an informational memo.
Commission asked Slocum to scan the "Inventory, Historic Documentation, and Assessment of
Cultural Resources at Lithia Springs and Winburn Camp" (December, 1987) and post it on the web.
Commission set October 7th or 21 st as tentative dates for a site visit to the Winburn Parcel. Slocum to
confirm the dates with all the Commissioners via email.
At the September meeting the discussion ended at Unit 3. Brock noted that Unit 4 was a very
productive and vigorous site with the potential for stand regeneration. Main thought subjectively the
stand was not as bad as density numbers would indicate. Brock liked the idea of general light
thinning with heavy thinning around some trees. He wondered if more coarse wood was needed.
Mistletoe as a problem would depend upon its location within a tree. Unit 4 has two types of
landscapes: floodplain versus upland areas.
VI. NEW BUSINESS
A. Discussion of Possible Land Trade with Forest Service - Maymar noted that the 160 acre Winburn
Parcel was surrounded by Forest Service land. He wondered if the City should make it a research
project or use is as an opportunity to trade it for more beneficial interface land to use for recreation,
fire buffer zone, etc.
Brock did not see a benefit to the City as all Forest Service land was already open to recreation.
Maymar said lots of money and energy was being used to plan and implement management. The
money could be used for something else. Although some people did not trust the Forest Service, he
thought they would most likely employ a similar management style.
Brock noted that the City has done a lot of work on Winburn to save trees and had the resources to
manage it. The parcel is located close to the creek that can be used to slow a fire. He was not sure the
C:\DOCUME-l\shipletd\LOCALS-l\Temp\SEP 12 06.doc
ASHLAND FOREST LANDS COMMISSION MEETING
Page 2 of3
III
Forest Service would do a good job. The parcel could be used as a resource natural area for
experiments and effectiveness monitoring. White added that there was great sentimental and historic
attached to the Winburn Parcel. Maymar said the City already had a say in the watershed and more
property in the interface would mean an increased fire buffer.
Kerwin said Winburn has been an educational tool for the commission specifically in regards to
developing the AFRCA. He did agree with the logic of the idea. Lewis thought having management
responsibility for Winburn would minimize any impact on the water treatment plant. Maymar asked
the Commission is they would like to study the issue further. The Commission decided to take no
further action on this topic.
VII. OTHER
Brock announced that the monitoring subcommittee would meet again before the next meeting.
VIII. ADJOURN: 7:32 PM
Richard Brock, Chair
Respectfully Submitted, Nancy Slocum, Clerk
C:\DOCUME-1\shipletd\LOCALS-1\Temp\SEP 12 06.doc
ASHLAND FOREST LANDS COMMISSION MEETING
Page 3 of3
CITY OF
ASHLAND
ASHLAND HISTORIC COMMISSION
Minutes
September 6, 2006
Community Development/Engineering Services Building - 51 Winburn Way - Siskiyou Room
Historic Commissioners Present: Dale Shostrom, Molly Owens-Stevenson, Terry Skibby, Henry Baker,
Sam Whitford, Keith Swink, Jay Leighton, Tom Giordano (came in at 7:45)
Absent Commission Members: Rob Saladoff
Council Liaison: Vacant
Hiah School Liaison: None Appointed
SOU Liaison: None Appointed
Staff Present: Maria Harris, Senior Planner, Billie Boswell, Administration
CALL TO ORDER
At 7:05 pm, Chairman Dale Shostrom called the Historic Commission meeting to order.
APPROVAL OF MINUTES
Mr. Skibby questioned the reference to a "blue metal roof'. He did not remember the applicant stating the color
as blue. Ms. Boswell agreed to confirm with the applicants on the proposed color of the roof.
Mr. Whitford made a motion to approve the minutes with the correction made and it was seconded by Ms.
Owens-Stevenson. The motion passed unanimously by the commissioners present. .
PUBLIC FORUM: No speakers
PUBLIC HEARING
Planning Action 2006-01546
11 First Street
Modification of a Previously Approved Site Review & Tree Removal Permit
Ron Yamaoka/Bill Emerson
Chairman Shostrom read the description of the project and verified there were no ex parte contacts. He noted
that Tom Giordano, who is an architect on the project, had recused himself from the Historic Commission
meeting until after the 11 First Street action was finished. There were no other conflict of interest issues with the
remaining Commissioners.
Ms. Harris displayed the plans showing the building reduced to 2-stories, changes in some of the architectural
details and two exterior finish options. The remaining uses would be a restaurant on the first floor and residential
units on the second floor. She said she added a condition to the Staff Report that the exterior finishes must be
approved by the Historic Commission.
Bill Emerson, 90 Fifth Street, applicant's representative, reviewed with the Commission the changes that were
made on the revised plan. They removed the second story and made the old third story a foot taller. The
columns were reduced in size to better fit the two-story design. Mr. Emerson brought a sample of a stamped
brick plaster finish the owner is proposing to use on the second story instead of real brick facing. He asked the
Commissioners opinion of leaving the option for the choice between the stamped brick and plain stucco be left
open for the owner to decide. There was discussion regarding the column trim location between the two siding
options. Mr. Emerson also reviewed some planter-box and curb changes.
Ashland Historic Commission Minutes
9/2812006
CITY OF
ASHLAND
Mr. Skibbyasked about the roofing and window materials. Mr. Emerson said they were using a grey metal roof
with thin ridges and grey metal window frames.
There being no one in the audience wishing to speak, the public meeting was closed.
Chairman Shostrom was concerned about the large blank space above the second story windows and
suggested the windows be enlarged from 5-feet high to 6-feet high or that the cornice be lowered by one foot.
He also was uncomfortable with the curb change, but Ms. Harris explained that the curb changes were not part
of this application. Those changes would be reviewed when the building permit application is submitted.
Chairman Shostrom made a motion to recommend approval of the Modification of the Site Review with the
following design recommendations:
. Reduce space between second-story windows and cornice by adding a foot to the height of the
second-story windows to balance out the proportions. (5 feet now, increase to 6 feet) or lowering
cornice and building height by one foot.
. Use of either all plaster or of brick-stamped plaster is OK. If brick is used, keep first story horizontal
line in original location with the column caps at the top of the arches below brick. If plaster, column
caps need to be moved up to sill level.
Mr. Baker seconded the motion and it passed unanimously.
(Mr. Giordano arrived for the rest of the Historic Commission meeting).
DISCUSSION ITEMCS):
A. PA-2005-021 05, 150 Lithia Way. Ms. Harris explained that the original application had been approved in
December, 2005 with a condition that the applicants review the exterior materials with the Historic
Commission prior to submitting for a building permit. David Thruston, 103 South Laurel Street, reviewed
with the Commissioners some of the plan changes and described the exterior material decisions as
follows:
a. Windows removed on side elevation because they were too close to the property line to meet
building code requirements.
b. The elevator shaft was moved into the interior of the building
c. Windows will be aluminum clad
d. Canopy will be powder-coated black metal
e. Mesh in railings and screens will be stainless or galvanized
f. Four glass-block windows added (in the closets)
g. Recessed entries into retail space (powder-coated aluminum)
h. Corrugated metal roof to be used on the entry structure to roof deck
i. Center doors on 3rd story changed to windows with plaster below
j. Parapet 1 '4" higher on roof to meet railing codes for the roof deck
k. Canopies removed over doors on rear elevation
I. Skylights added to slanted roof on the roof access structure
m. Planters were replaced by storage benches on 2nd story
n. Tumbled brick veneer for the east and a portion of the south exteriors
Chairman Shostrom made a motion to approve the revised plans with the following conditions:
a. Woven metal fabric for the railings and screens needs to have a satin or galvanized finish
b. Brick veneer needs to be a smooth, square brick pattern (not a tumbled look)
c. Black powder-coating is too high contrast. Use a dark color such as dark bronze.
d. Applicant to resubmit brick veneer and metal color samples within 30 days.
Ashland Historic Commission Minutes
9/28/2006
2
CITY OF
ASHLAND
The motion was seconded by Mr. Giordano and approved unanimously.
Since Mr. Kistler was not present to discuss the North Main & Glenn Street project, the Commissioners agreed to
change the agenda to allow Mr. Kramer to present his information on Items C. and D. under Old Business.
OLD BUSINESS
C. Lithia Fountain Repair - George Kramer shared that the fountain damage was extensive and much of it had
been removed and a temporary explanatory sign installed. The steel cleats that supported the basins had
rusted and failed. The "donut" section of the granite stand was in bad shape. The granite base and cap were
in good shape. A determination was made that all of the plumbing would need to be replaced using PEX
tubing which would hold up to the corrosiveness of the water. The basins would need to be supported by a
separate framework that could be covered by granite veneer cut from the original "donut" section. The
basins would be aluminum cast from a 1927 vintage basin and powder-coated white to look like porcelain.
Because of the corrosiveness of the water, it was recommended that the fountain valves be removed and
replaced by constant running bubblers that would also prevent the carbon dioxide from building up pressure.
The metal plaque would be removed from the granite because of the water damage it causes and it would be
placed on a separate free-standing sign. The Commissioners agreed to all of the suggestions.
D. Historic Reconnaissance Survey Status - George Kramer described that the preliminary assessment of the
Ashland North study area revealed two primary concentrations of historically significant development. The
first, immediately adjacent to the Skidmore-Academy Historic District and the railroad line and on over to
Ohio and Orange streets. Mr. Kramer felt this area could easily be added to the Skidmore district. The
second area along the Oak Street corridor was a more rural development but contains several ofthe historic
Helman family homes and buildings. There are also many 1950-1960's homes built in this area. Mr. Kramer
suggested the Historic Commissioners decide what to do with these properties. The Commissioners felt
they should schedule a study session to more thoroughly discuss the options.
DISCUSSION ITEMS: (continued)
B. Pre-Application Review: North Main & Glenn Street. Commercial Site Review. Ray Kistler, of Kistler
Architects, described the plan and the proposed materials. He said he had just found out the front setback is
20 feet instead of 10 feet which would severely impact the ability to use the proposed design. He may need
to request a setback variance. The Commissioners thought there was a good blend of contemporary with
period elements in the design. There was some discussion about revising the front entry to angle the doors
on the interior corners in order to broaden the look of the front elevation while narrowing the look of the entry.
The majority of the Commissioners said they could support a variance to the setback if necessary.
OLD BUSINESS (continued)
A. Review Board - Following is the month's schedule for the Review Board, which meets every Thursday from
3:00 to at least 3:30 p.m. in the Planning Department:
B. PROJECT ASSIGNMENTS FOR PLANNING ACTIONS
P A #2000-120
P A #2004-102
485 "A" Street Steve Hoxmeier
832 "A" Street Ilene Rubenstein
Shostrom
Saladoff
Ashland Historic Commission Minutes
9/2812006
3
PA #2004-110
P A #2004-138
P A #2004-154
P A-#2004-160
PL#2005-01226
PL#2005-01674
PL#2005-02105
PL#2005-01307
PL#2006-00057
P A#2006-00441
P A#2006-00453
P A#2006-00875
P A#2006-00877
PA#2006-00612
Whitford
Saladoff
Lei hton
Swink
Shostrom
Skibb
Giordano/Baker
Shostrom
Saladoff
Whitford
Swink
Swink
Lei hton
Shostrom
D. (Continued) Historic Reconnaissance Survey - The Commissioners discussed setting up a Study Session
and Goal Setting meeting for Monday, Oct 23rd or Tuesday Oct. 24th or Thursday, Oct. 26th. Nov. 16th was
also a possibility. Consensus was to meet in the Siskiyou Room and then go for dinner at Thai Pepper. Ms.
Harris said she would check to get approval for the staff time and will also check for budget approval. Ms.
Boswell agreed to coordinate with the Commissioners schedules to determine which date and time would
work best.
E. Lithia Sprinas National Reaister Nomination - No Report
F. Sinale Familv Residential Desian Standards - No Report
G. Co-Sponsorship with Conservation Commission for Fall Workshop - No Report
NEW BUSINESS
A. Demolition Ordinance Revisions - Ms. Harris explained that the proposed demolition ordinance revision
would require any request for demolition of any building within the City that is more than 45 years old be
reviewed by the Historic Review Board for comments. Ms. Harris said if something comes before the Review
Board that the Commissioners feel uncomfortable with, the meeting could be delayed to the next Review
Board meeting where more Commissioners could be contacted to attend. Chairman Shostrom said this
gives the Historic Commission the opportunity to make comment on all demolitions within the City and a
chance to better educate the public. There was a consensus of approval among the Commissioners on the
proposed ordinance.
B. Historic Information Sians - Revised Locations - The Parks Commission denied the request to place one of
the historic information signs in Lithia Park. The alternative location is in the Plaza. Ms. Leighton said the
Parks Department refusal was partially based on the issue of who would be responsible for maintenance of
the sign. Ms. Harris said she was unaware of that issue and she would pass that information on.
ANNOUNCEMENTS
The next Historic Commission meeting will be on October 4, 2006 at 7:00 pm in the Siskiyou Room.
ADJOURNMENT
With a motion by Ms. Leighton and a second by Mr. Baker, it was the unanimous decision of the Commission to
adjourn the meeting at 10:30 p.m.
4
Ashland Historic Commission Minutes
9/28/2006
Ashland Traffic Safety Commission
Minutes
July 27, 2006
Members Present: Doris Mannion, Noal Preslar, Alan Bender, Terry Doyle, Matt Warshawsky, Patti Busse
Staff Present: Jim Olson, Dawn Lamb, Steve McClennan, Ron Goodpastor
Members Absent: Colin Swales, Keith Massie
I. CALL TO ORDER -
II. APPROVAL OF MINUTES: June 22nd, 2006 Minutes approved with corrections.
III. ITEMS FOR DISCUSSION:
A. PUBLIC FORUM ITEMS:
1. Siskiyou School Concerns at Clay and Siskiyou
Lexie Delgado, Tracy Harding and Paige West all spoke representing the Siskiyou School at 631
Clay Street which is a Waldorf type based education center. The school has approximately 125
students. The school is expanding and has been given a CUP from the planning department.
One condition is to help find ways to curtail traffic. The school will encourage alternate ways
for students to travel to the school including a safe route to school program to encourage
pedestrian and bicycling efforts. They are hoping to ask the Commission for a school zone
designation for this portion of Clay Street. They would also like to have signage, crosswalks
and striping along the curve in the road. They are seeking wisdom and direction on how to
best proceed.
Busse suggested putting together a list of requests or questions for Olson to review then giving
the commission time to do site visits and more research into the school. This gives an
opportunity to make a better decision. Olson will need different information to make the
determination on whether the school qualifies for a school zone designation.
Delgado commented that the school will be adding another building and that in the winter the
school will be growing to accommodate more students.
Delgado will supply Olson with more information to place this topic on the next agenda.
2. Ron Goodpaster, Police Chief, addressed the commission. Part of his responsibility is to
move the department toward a community policing approach and one difficult item dealt with
by communities is speeding cars. Goodpaster is putting together a new program for the police
department to approach speeding complaints in neighborhoods. Since most neighborhood
speeding is the result of neighbors in the area, it is conducive to establish a means of showing
the neighbors what is going on and who is the cause. A good education piece for this is a
traffic classifier that shows speeds and counts. This equipment has been used to produce print
out summaries that can be shown to the neighborhood. This offers a way for officers to show
results that are more tangible for people than having an officer sitting in one location citing
speeders. This is much more efficient. Goodpaster has used a small traffic counter in the past
that mounts to the road called a Speedalizer. The software counts vehicles, records speeds,
and classifies the type of cars. The program uses the least amount of time and manpower to
ensure officers are able to be at priority locations. The information is used to talk to the
neighborhood and introduce them to the equipment and then bring in the results. Right now
we have to have an officer sit in a location looking for speeding cars which is time consuming
and does not offer true information. When drivers see a police officer they slow down, but the
classifiers are small and usually go unnoticed giving a more accurate account. The cost of this
equipment is $2,200 for the counter, the software and the other equipment. When the
information is presented to the neighbors and the results of the speeding are discussed based
C:\DOCUME-1\shipletd\LOCALS-1\Temp\JuI27 06 TSC.doc Page 1 of 8
on the printout, it gives the neighborhood an idea of speeding tendencies. The goal of the
program is to bring enforcement and education together. The classifier sets up in 5-10 minutes
and they are practically indestructible and have proven to be a great piece of equipment. Used
correctly they save manpower. Goodpaster would like to ask the commission for help in
funding the equipment.
The police would like to address the issue and educate the neighbors. Busse asked how many
classifiers the department is hoping for in a town this size. Goodpaster would like to have two
classifiers to see opposing traffic counts. Olson suggested the commission consider this as an
item to submit for grant consideration for ACTS Oregon. ACTS is on the agenda for later
discussion. The engineering department has several classifiers that we share information with
the police. The Commission chose to submit for new classifiers four or five years ago from
ACTS. Warshawsky asked why the radar reader board was not considered. The boards do not
work as well in education for a neighborhood setting. Showing people the reports helps to
show that speeding is happening and give a better education. Most people just don't realize
that they are speeding. Goodpaster would like to see the neighborhoods group together to be
a participant in the issues like speeding. Goodpaster came on board after the budget process
had been set so he is searching for funds to initiate the program and acquire the equipment.
The Commission has been trying to encourage the neighborhoods that present problems with
speeding and parking to unify and work together to consider solutions.
B. REVIEW OF TRAFFIC REQUESTS / PROJECTS PENDING/ACTION REQUIRED
1. Diamond Parking Contract Questions & Answers from Lee Tuneberg, Finance Director
Lee Tuneberg is the Administrative Services/ Finance Director who is in charge of the contract with
Diamond Parking. Diamond Parking services the downtown area and the Hargadine parking garage.
The goal of the contract is to be self-sustaining in the collections from parking ticket revenue. The
Commission has on several occasions asked for clarification on the contract location limits. Citizens
frequently request parking limitations outside the downtown corridor and it is commonly discouraged
due to the lack of enforcement outside the contract area with Diamond Parking.
Discussion:
Doyle pointed out that several items on the agenda dealt with parking issues. It is frustrating to not be
able to offer solutions. There are three items on the agenda dealing with parking yet the traffic safety
charter has no mention of parking. We generally deal with parking and we are looked to for parking
advice. Should we deal with parking or have another commission designated to handle parking issues.
Olson commented that there was a Transportation Parking Commission that stopped meeting a few
years ago.
Tuneberg commented that he doesn't have authority to deal with parking issues, no authority to
change parking or dispense tickets. Violations go to the municipal court judge who has the power to
waive, reduce or enforce the violation. Doyle commented that there is synergy between the Traffic
Safety Commission and the parking issues. Tuneberg said that prior to 2001 in the downtown core
was managed by the police department and in 2000 they went to bid and awarded Diamond Parking
the contract. They have been the enforcement since then and when the contract was rebid this year,
they were the only responsive bidder. They enforce the City code and once in a while interpretation
becomes difficult. The Hargadine parking structure was added to their enforcement scope in the latest
contract. Tuneberg inherited the contract to manage in 2002. There is a relation between traffic and
parking because making one safe makes the other safe.
Olson felt the continual addition of timed parking limits in residential areas around town without
parking enforcement or even with sporadic enforcement is difficult. Commission asked how Diamond
Parking was financed and Tuneberg informed them that the contract was a self-paying contract. The
C:\DOCUME-1\shipletd\LOCALS-1\Temp\Jul 27 06 TSC.doc Page 2 of 8
contract is an $80-90,000 range that is paid through the ticket revenue in the downtown and in the
Hargadine Parking structure. Additional monies collected through ticket revenue are put toward the
debt service of the Hargardine parking structure. Any additional scope would need to show itself to be
self-sustaining. The contract is a three year term and a bid process is used to advertise for parking
enforcement. At some point changes will happen as the downtown plan and the parking assignments
change to increase enforcement. To change the scope or expand the contract with weekend, night or
expanded service outside the downtown core would need approval at Council level. Olson also felt that
any expansion would make foot patrol insufficient introducing a new cost for vehicles. The scope
additions could be considered over the next three years than added to the next contract. There are
provisions built in to identify scope changes, but the additional work will need to offset the cost of the
contract and if not there needs to be another revenue stream identified to pay for the additional costs.
Warshawsky questioned how high the ticket can be? Tuneberg said that the ticket fees are set by the
municipal judge. A dedicated fee of $2 is set aside for debt service and for the future downtown plan
improvements. Bender asked how parking enforcement around the University is dealt with and
Tuneberg thought that it was a piece of their security patrol. Doyle asked how many patrol officers are
on duty at one time. Tuneberg said one parking enforcer is on during the week, but sometimes two
officers are on duty during peak hours in the summer when they have more areas to cover. At night
the Hargadine lot will be patrolled as part of the new contract. There will be no routine to the visits
they will be sporadic spot enforcement. This might be an idea for problem areas around town.
Olson revisited that the commission has to make the distinction between parking issues and land use
decisions. Sometimes those items become intertwined and TSC does not have the authority to make
land use decisions. Mannion commented that the requests for parking limits are frequent from
residents. Having a no parking ever restriction is easier to enforce then a timed limit. The lack of
enforcement for the timed spaces is quickly abused.
Tuneberg asked what role Diamond Parking could play out in the neighborhood safety issues. When
you leave the downtown corridor there is a lack of public presence. Some parking enforcement
workers are hesitant to expand because of safety concerns. In the parking structure from six at night
to two in the morning is a dangerous situation and you could have the similar issues in the residential
neighborhoods.
Decision:
Olson and Tuneberg will meet to go over some of the requests from the previous year and look at what
the scope would entail if a spot check policy were to be added to be considered. This will give a better
direction on the need to expand the contract, if needed. Tuneberg will observe over the next year for
a relationship and other expanded enforcement for a short amount of time. Doyle thought that doing a
. spot check for an hour a day in hot spots would be beneficial.
2. Request for Parking Restriction on Washington at Jefferson Street
Jan Hale sent an e-mail last month requesting that the commission review the on-street parking
configuration at the intersection of Washington and Jefferson Streets and create parking prohibitions to
improve visibility through the intersection.
The intersection of Washington and Jefferson Streets is a level, 30 degree, four-way intersection. The
north leg is private drive which access the medical subdivision to the north, but it is aligned with
Jefferson Street and functions similar to a public street. The north side of Washington Street at the
private drive already has parking prohibitions (yellow painted curb) with parking prohibited for 20 feet
on either side of the drive entrance.
Washington Street is 46' wide west and 40' wide east of the intersection with parking allowed on both
sides of the street. Jefferson Street is 36' wide, with parking permitted on both sides. There is an
existing parking prohibition on the west side from Washington Street southerly approximately 35' to the
C:\DOCUME-1\shipletd\LOCALS-1\Temp\JuI27 06 TSC.doc Page 3 of 8
II, -y---
driveway into the Forest Service building. The only traffic controls in the intersection is a stop sign on
Jefferson Street at Washington Street. This stop is set back slightly more than usual from the street
and cars parked along the southerly side of Washington can easily block the view of a motorist stopped
at the sign. The intersection is fairly open and except for parked vehicles there are no major obstacles
to a clear view of approaching traffic.
The alignment of Washington Street to the west of the intersection is 120 feet of straight street
followed by a 90 degree curve to the north. East of the intersection Washington Street begins a
negative 5% down grade approximately 125 feet past the intersection, but again this downgrade does
not entirely block the view of approaching traffic.
It is standard practice to prohibit parking within 25 feet of an intersection, however, the commercial
nature of this section of Washington and Jefferson Streets provides for heavier than normal truck traffic
and track parking. While a normal passenger vehicle would provide a minor vision blockage, a parked
truck would severely restrict the view of approaching traffic.
Staff recommends that a 30 foot long parking prohibition be established at the southwest and
southeast corners of the intersection; the prohibition to extend along both Washington Street and
Jefferson Street.
Discussion:
The Commission saw this as a positive prohibition.
Decision:
Washawsky moved to accept staff recommendation to establish a 30 foot long prohibition at the
southwest and southeast corners of the Washington and Jefferson intersections, Busse seconded and
the motion passed.
3. Request for Parking Restrictions on B Street at the Ninth Street Alley
Alford Smith requested that a no parking zone be established on the north side of 'B' Street, east of the
intersection of Ninth Street Alley, to provide improved visibility for motorists exiting Ninth Street Alley.
Ninth Street Alley is a private drive which extends from B Street to the intersection of Eighth and A
Streets. The 20 foot wide drive exits into the north side of B Street between Eighth Street and Emerick
Street. B Street is 30 feet wide at this point and has unrestricted parking on both sides of the street. A
five foot wide sidewalk is located on the north side of B Street set back 9 to 10 feet from the curb face.
There are a number of mature trees within the parkrow which somewhat restricts the view from the
private drive as does the presence of parked cars on the north side of the street. There is an existing
parking prohibition on the north side of B Street beginning at the Ninth Street Alley and extending
westerly approximately 40 feet. This is an older established parking prohibition marked by yellow
painted curb which has faded and is need of refurbishment. This prohibition was undoubtedly installed
to provide some needed maneuvering room where B Street makes a 25 degree curve.
With the recent developments of the Ninth Street Alley, Geneva Park Subdivision and Carrington Court
Subdivision, this section of B Street has become much busier and on-street parking is in heavy
demand. The 30 foot width of B Street makes for very narrow travel lanes with cars parked on both
sides of the street and generally works best when one driver is able to pull partially into the parking
lane to allow an oncoming vehicle to pass; a maneuver referred to as "weaving." Traffic weaving is a
known and effective traffic element, but when on-street parking is so dense that there are no open
spaces left to weave into, traffic becomes congested and sideswipe accidents become common.
C:\DOCUME-1\shipletd\LOCALS-1\Temp\Jul 27 06 TSC.doc
Page 4 of 8
The open space provided by a driveway is generally not sufficient to provide a convenient weaving
space and an open space of 50 to 60 feet is generally considered a minimum to accommodate a
comfortable pull-out.
The section of B Street between Eighth Street and Emerick Street has become more congested with
on-street parking and with a 30 foot width there is often inadequate space for traffic to weave.
Although we generally do not consider extended parking prohibitions to relieve vision problems at
private driveways and access ways, in this instance there may be a more important benefit, that of
providing a much needed weaving space for approaching traffic.
Discussion:
The biggest problem looking at the intersection is the vision clearance from the Ninth St. alley onto B
Street looking east. The parking makes vision limited. We find that narrow street designs work well as
traffic calming until it is fully parked and vehicles can't queue in and out of the open spaces to pass
other vehicles. With no restrictions, the parking is too dense and restrictions could provide open
spaces for cars to pass. There are fourteen houses that exist on the Ninth Street alley and a few more
at the Geneva Park condos. If parking is restricted east to other private drive at Geneva Park
Condominiums, 'fifty or sixty feet (3-4 parking spaces) and repaint the parking restriction on the west
side curb where it is faded. Doyle asked if both sides would be done before the S curve. Olson would
like the restriction seventy-five feet ahead of the curve and twenty-five feet beyond.
Lucy Lewis, 955 B Street addressed the commission. Lewis remarked it is very difficult to see. She
realizes that she needs to cut her vegetation back to help the situation. It is hard to pull out onto
Mountain Avenue from B Street because people are coming down the road so quickly. She has seen a
couple accidents on B Street because of the narrowness and parked cars get sideswiped and mirrors
are torn off. It is very difficult for two cars to maneuver down the road. A new development is
proposed across from the alley and cars will be pulling out on both sides onto B Street. Lewis felt one
of the biggest problems was the City vehicles leaving the B Street maintenance yard where the
operation departments stage their vehicles and their equipment. The City trucks seem to have no
regard for the people in the neighborhood. They start very early in the mornings and have increased
operations over the last six years. The dust from the yard is thick in the neighborhood. She would like
to have a traffic classifier set up in the neighborhood to show how fast the trucks are going. She
doesn't feel people realize how fast they are going. She would like to see A Street and B Street made
into one way streets. Doyle commented that there is then a larger potential for vehicles to speed if
one way. The road would be wider for travel and the street would be more open and people would
drive faster. '
Judith Hirsch, 940 B Street, commented that from her residence she needs to back out onto B Street at
the Ninth Street alley. She does not like the idea of restrictions on parking. A lot of residents need
parking on the street and if the street is opened up by no parking areas then there will be more
speeding. She suggested making the Ninth Street alley one way to Eighth Street. She would
encourage more speed enforcement in the area. The new developments coming in are not required to
have self-contained parking on the lots which is causing more congestion for parking. It is not fair in
her eyes to ask the B Street residents to give up parking to accommodate Ninth Street Alley residents.
Most people have 2 or 3 parking spaces and there are a lot of cars that park on B Street. The
congestion does seem to help keep the traffic slower.
Mark Salvioli, 1015 B Street, lives next to the B Street maintenance yard. Drivers need to slow down
on B Street. The biggest problem is the street department. The trucks are exempt from truck routes
in town. Between 7:30 or earlier trucks from the street department are up and down Emerick Street.
He feels that B Street is like a parking lot and that taking away parking will just widen the street and
invite more speeding. He encourages more enforcement in the area. The forty five trucks from the
street department employees add to the congestion. The yard has dirt storage, manufacturing and the
C:\DOCUME-1\shipletd\LOCALS-1\Temp\Jul 27 06 TSC,doc Page 5 of 8
II
street sweeper dumps its spoils into the yard causing noise and dust. Trucks are running up and down
the driveway to the City departments instead of having a truck route they use B Street. They seem
exempt to the speeding rules already and if you widen it will make it worse. Salvioli commented that
the trucks going around makes the area feel like a Road Warrior Movie.
Doyle asked about the radar speed guns for citizens to use. Doyle felt the police will be able to do
enforcement.
William Brown, 977 B Street, commented that the restriction has faded on the west side, but even
when it was fresh the drivers knew there was no enforcement so they began abusing the spaces. The
same problem will exist again. He supports making the Ninth Street alley a one-way street. It seems
unfair. Bender commented that it would be beneficial to form a neighborhood group. It appears as if
many of the neighbors share the same concerns. Doyle supported a neighborhood group forming and
then there would be better consensus on how to approach the problems. Lewis questioned how to
address the B Street Yard problems. When people are living in the Geneva Park Condos they are
bombarded with the noise, dust and gravel shoveling at 2 AM. Maybe this was an acceptable place to
have the yard at one time, but now it is a nuisance to the neighbors. Lewis commented that she
missed having coffee on Sunday mornings because of Cate Hartzell's request to change the coffee
house permit. She understands that neighborhood and that things in neighborhoods change or
become out of place, but they can change. Alice Hardesty volunteered to meet with the neighbors to
discuss the yard more. The houses have encroached around the yard over time. Olson commented
that the yard was owned by Jackson County prior to the City owning it and it has been a maintenance
yard for the last 80 years.
Preslar asked if the parking restrictions would really create enough room for vehicles to pick up speed.
Olson said the restriction would not give enough room in the 70-85 feet to increase speeds and it is
through a curve which causes people to be cautious. Mannion travels on B Street and she travels
slowly because of the parked cars and the weaving. Olson commented that the south side of B Street
is heavily parked, but he did not know why. Preslar said he did visit and the visibility is a safety issue.
Lewis asked that the parking recommendation be extended further than the recommended 60 feet to
accommodate her 100 year old sycamore. She does not want to cut the tree back if necessary even
though it does cause a vision clearance issue. Preslar commented that it would be beneficial to still
have the homeowner's association meet to discuss other issues. Mannion felt that both sides that
support the parking restriction and the ones that don't support it could meet back and discuss if the
changes have been positive for the street. Lewis asked if enforcement could be increased in the area.
Doyle suggested that the owners along the Ninth Street Alley discuss the possibility of making the alley
one way. It is a private street and would be there choice if they see a benefit. Olson did caution that
a one way street does encourage faster speeds.
Decision: Preslar moved to accept staff recommendation to renew the 40 foot parking prohibition west
of the Ninth Street Alley and the space between the Ninth Street Alley and the Geneva Park Subdivision
access, approximately 60 feet, be marked as no parking with yellow curb also. Bender seconded the
motion and the vote was two in favor, three against and one abstention. Motion failed.
4. Request for Parking Restriction on Dollarhide Way
Diana Stark, Russ Dale Properties, requested that the TSC consider implementing a parking prohibition
on the easterly side of Dollarhide Way from Abbott Avenue southerly to the curve on Dollarhide Way.
Bud's Dairy Subdivision created Abbott Avenue and Dollarhide Way with traffic calming elements built
into the design of each street. Both streets utilize narrower street widths and curb extensions at
intersections along with some curved alignment.
C:\DOCUME-1\shipletd\LOCALS-1\Temp\Jul 27 06 TSC.doc
Page 6 of 8
..
Abbott Avenue and the east-west section of Dollarhide are 28 foot wide with parking allowed on both
sides of the street. The most easterly 130 foot section of Dollarhide Way narrows to 22 feet wide at the
curve, with no listed parking restriction.
Although the southerly half of the subdivision, including Dollarhide Way is not yet complete, (in fact the
final lift of pavement is yet to be installed on any of the streets) it is anticipated that the higher density
of the subdivision will cause higher than normal use of on-street parking spaces. The 22 foot street
section is heavily parked on both sides, the useable travel width is reduced to a single 10 foot travel
lane - too narrow for fire response. The easterly side of this section of Dollarhide Way is scheduled for
construction of a condominium or multi-family complex adding an even higher parking demand.
The narrow width of the street is even more acute now with the final paving lift missing, which
functionally reduces the width by three feet since the concrete gutter is usually not traveled on.
However, the problem is expected to worsen even when the full street width is available due to the
heavier on-street parking demand.
Staff recommends approval of the east side parking prohibition from Abbott Avenue southerly to the
curve to provide additional maneuvering room at the Abbott intersection and at the curve. A 22 foot
wide street with parking on both and with a full parking load will not provide sufficient fire response
room.
Discussion:
Russ Dale, 585 Allison, has been an active developer in the area for the past 30 years and his most
recent development in Ashland has been the Bud's Dairy Subdivision. The project is maturing and the
project is expanding with the houses are selling quickly. The houses are the most affordable in
Ashland and he is closing in on the end of the project. The significant issue on Dollarhide is that the
cement trucks can not maneuver through the narrow corners if vehicles are parked on the street. Dale
came to Olson for wisdom on best treatment to help with the congestion. The narrow streets designed
for in-fill need to be looked at carefully so that they don't hamper emergency vehicles or work
equipment. Dale volunteered to pay for no parking signs.
Warshawsky moved to accept staff recommendation to establish a parking restriction on the east side
of Dollarhide from Abbott Avenue southerly. Seconded by Busse, and vote passed unanimously.
5. Review of Traffic Safety Commission Charter
The Traffic Safety Commission Charter identifies the direction and duties of the commission. As
discussion continues over the types of requests heard by the commission, it is encouraged that the
charter be reviewed to identify changes to the powers and duties.
Bender remembered talking about a Transportation Committee that did more then just safety issues.
There is a missing forum for the public transportation and the parking issues. Olson said there had
been a TTPC group that covered some of the broader transportation issues, but it disbanded. Busse
cautioned for the commission to consider what is added for the sake of time. The agendas are already
full and if we add more it would be overwhelming. Bender asked what the odds were of reinstituting
the transportation committee. The attempts to combine the Bike and Ped and Traffic Safety have
never worked. The two commissions have different goals. Mannion would just like to have better
direction on who is responsible in the City for the parking issues and other transportation pieces. Doyle
could see where parking could be a safety issue in some cases. Warshawsky felt that transportation is
all tied together and the synergy is there to crossover, but he understands that it would be far too
much for one committee to handle. Doyle commented he would like to give more to Bike and Ped.
Mannion asked if Olson could locate the old Transportation committee charter.
C:\DOCUME-1\shipletd\LOCALS-1\Temp\Jul 27 06 TSC.doc
Page 7 of 8
6. Bicycle & Pedestrian Concerns
There needs to be coordination with the schools on how to handle congestion at the schools and to
support more alternate methods of transportation. The students with the Siskiyou School are trying to
give general information about developing a dialogue with kids and parents to stage in one area and
walk with children.
7. Identify Project for ACTS Oregon Building Safer Communities Mini-Grant
The application is coming due. The commission needs to consider a project to put together for the
grant. Last year the commission spent $1,600 on bike helmets for Massie to distribute at the schools.
The radar reader boards were discussed. They cost $6,000 a piece, but Chief Goodpaster's classifiers
are $2,200 for one. The commission spent all but $15 of their budget last year with donation to the
BTA and bike helmets. The cost of the board could be the grant funds of $5,000 and $1,000 from the
budget. Olson knows of another grant under a DUI category, but most of our items would not apply.
ACTS prefers programs that benefit the entire City. Doyle motioned to apply for the purchase of three
speedalizer boxes for the police department for $4,900. Bender seconded and vote passed.
C. Follow-Up on Previous Actions - No discussion.
D. Traffic Safety Education
1. 2006 Oregon Transportation Safety Conference, September 25-27, Redmond OR
E. Development Review:
1. Planning Commission Agenda
2. Hearings Board Agenda
F. Capital Projects Update: No discussion.
G. Other:
1. Fencing at North Mountain
There was no commitment from the parks department as of yet.
2. Sidewalk Construction at Oregon and Madrone
The sidewalk funds are not there for this project. The senior citizens are walking in the street
to get to their classes up the street. This is a dangerous situation.
MEETING DATE CHANGED! OLSON WILL BE UNABLE TO ATTEND THE NEXT
TWO DATES. THE MEETINGS FOR AUGUST &. SEPTEMBER WILL BE
COMBINED TO MEET ON SEPTEMBER 14TH!
IV. Adjourned 9: 20 PM
C:\DOCUME-1\shipletd\LOCALS-1\Temp\Jul 27 06 TSC.doc
Page 8 of 8
CITY OF
ASHLAND
ASHLAND TREE COMMISSION
MINUTES
September 7, 2006
CALL TO ORDER -Chair Bryan Holley called the Ashland Tree Commission meeting to order at 7:04 p.rn. on July 6, 2006 in
the Siskiyou Room in the Community Development and Engineering Services Building located at 51 Winburn Way, Ashland,
OR.
Commissioners Present Council Liaison
Bryan Holley David Chapman, arrived at 7:08
Mary Pritchard
Laurie Sager Staff Present
Ted Loftus Amy Anderson, Assistant Planner
Steve Siewert Anne Rich, Parks Department, arrived at 7:10
Colin Guiley Carolyn Schwendener, Account Clerk
APPROVAL OF MINUTES
Loftus/Pritchard m/s to approve the minutes of July 6, 2006. Voice vote: all AYES, Motion passed. The minutes of July 6,
2006 were approved as presented.
Pritchard/Sager m/s to approve the minutes of August 3, 2006. Voice vote: all AYES, Motion passed. The minutes of August
3,2006 were approved as presented.
Regarding last months Planning Action #2005-01869, 1751 Dragonfly. Sager reported that Mrs. George contacted Mark Knox
at Urban Development Services requesting his help to get approval on the lot split.
PUBLIC FORUM
Jonathan Frank shared his interest in the operations of the Tree Commission and his interest in how the City is paying attention to the
native oak species. Mr. Frank said that in order to maintain a healthy community it is necessary to have native trees, he especially is
interested in the Oregon White Oak.
Tracy Harding from the Bike and Pedestrian Commission was present to discuss the upcoming Car Free Day on September 22, 2006. The
Bike and Ped Commission decided to have the Tree Walk Tour before the events on Oak Street in hopes that more people will attend. She
requested that one or more of the Tree Commissioners do a walking tour in the downtown area sometime between 12:30 p.m. and 1 :00 p.m.
Pritchard needed to check her calendar but if she is available would be willing to do the tour. The Commissioners will email Tracy and let
her know which one of them will do the walk. Loftus volunteered to bring trees and plants to the event again this year.
PUBLIC HEARINGS
PLANNING ACTION 2006-01091 Outline Plan approval under the Performance Standards Options Chapter 18.88 to subdivide the property
into 14 lots including 13 lots for single-family homes and one lot for open space purposes for the property located at 203 N. Mountain Ave. A
Lot Line Adjustment is included in the proposal to incorporate the western end of the parcel located at 185 N. Mountain Ave (Havurah Shir
Haddash Jewish Temple) into the subdivision. A Tree Removal Permit is requested to remove a 40-inch diameter at breast height Black
Walnut tree in the N. Mountain Avenue street right-of-way adjacent to the front of the property located at 203 N. Mountain Ave.
COMPREHENSIVE PLAN DESIGNATION: Single Family Residential (P Overlay); ZONING: R-1-5-P; ASSESSOR'S MAP # 39 1E 09 AA;
TAX LOTS: 1500,1600,1701,1800. APPLICANT: Urban Development Services, LLC
Site Visits and Ex Parte Contacts - Sager, Rich, Loftus, Siewert, Guiley and Holley did site visits, Chapman did not.
Pritchard did a site visit the last time this project was reviewed.
Amy presented the staff report.
Applicant testimony: Larry Medinger 115 Fork St. explained the differences in this proposal compared to the last one. He
said that in the last proposal a large number of really great trees were slated for removal and with this new proposal they will
be preserving those trees. The applicants are still asking to be able to remove the 40" Black Walnut by the road in the event
that it can't survive the construction, though they will try and save it if at all possible. It appears like a substantial tree but at
this point it is in extreme decline, 60 percent of the trunk is gone and is a potential liability .
Tom Myers, Certified Arborist, 2040 Ashland Mine Rd., explained that part of the changes includeo trying to save the English
Walnut because it is a substantial tree and probably the best tree on the lot. It will require working within the tree protection
zone but it's odds of survival are quite high since we will only affect 20 percent of the root zone, stated Mr. Myers.
Dean Walker, applicant, 245 Meadow Slope Road, Talent, is impressed with the amount of care that Mr. Medinger has
brought to the second set of plans.
The Commissioners discussed the project. Sager suggested minimizing the width of the driveway in order to try and save the
English Walnut. She also suggested having the garage door engineered so that there is no center post allowing the car on the
right-hand side to make the maneuver away from the tree. Mr. Medinger agreed that was a good idea.
Recommendations:
1) Tree Commission recommends using pervious paving techniques for driveway on Lot 3 under dripline of English walnut.
2) Minimize driveway width on Lot 3 at alley to further reduce encroachment into root zone of English walnut.
3) That a curb, keystone wall, boulders or other form of parking obstacle be installed along driveway of Lot 3 and along south
edge of alley to prevent parking under English walnut.
4) All future landscaping and irrigation under dripline of English walnut shall be implemented under supervision of consulting
project Arborist.
5) Tree Commission supports applicant's efforts to retain Black Walnut under consultation with project Arborist, but supports the
possible future removal if preservation proves to be ill fated or potentially hazardous.
6) That all tree preservation, protection and pruning techniques recommended by the consulting project arborist shall become
conditions of approval.
Pritchard reported that the tree protection has been removed from 2001 Siskiyou Blvd. Amy will bring it to Adam's attention again. Holley
commented that he is not pleased with what he is seeing at Dairy Queen.
The Commissioners welcomed Colin Guiley to the Commission. Guiley is a student at SOU with a double major in Spanish and Biology. By
joining the Commission he is hoping to learn more about City Government as well as adding a different perspective to the Commission. He
is very interested in the protection of trees.
ACTION ITEMS
Type 1 Review sign-up -
October 5, 2006-Sager, Holley, Pritchard
November 9, 2006-Loftus, Pritchard, Guiley
December 7, 2006-Holley, Siewert, Loftus, Guiley
DISCUSSION ITEMS
Land Use Ordinance Review chapters 18.61 & 18.62 (Siegel Report)- The Commissioners decided they would each individually review
the ordinance between now and the next meeting, make their comments and corrections and bring them back to the Commission next
month. A subcommittee will be put together next month who will combine the comments and prepare a draft which will eventually go to the
City Council.
Commission Powers and Duties 2.2S-Chapman reported that the subcommittee is coming up with a template to make all the Commissions
consistent. The Commissions will receive another questionnaire soon. Holley has prepared a draft with corrections and will send that new
version to the Tree Commissioners for their review. Chapman noted that this Commission is missing the Why you Exist section and said a
one sentence blurb would be sufficient.
2
ITEMS FROM COMMISSIONERS
Liaison Reports -No reports
Amy announced that next month the Fire Department will be coming to the meeting and presenting their proposed new ordinance. Amy will
get a copy of the ordinance and put it in next month's packet for review prior to the meeting.
Old Business
Tree Planting & Pruning specifications-Changes could be made regarding the graphics and content anytime up until March. Amy will ask
Adam to send the image to Holley who will then edit the picture and get it to Ann.
Tree Grates-options other than metal- The problem with the metal Tree Grates is that it's difficult to expand the area around the trunk of
the tree as it grows. It's also a nightmare for irrigation as the tree gets bigger. After some research Sager found one company that does
recycled plastic grates but they don't have any removal rings and the diameter size is only a foot. Another issue with the plastic is that it's
not very stable so you have to fill right up to underneath it with gravel. She will continue to keep searching and encouraged the other
Commissioners to do the same.
Landscape Professional Ordinance- The purpose of this ordinance was to watch non enforcement at project sites and try to get the
Landscape Professionals to be the point person to work with to make sure that conditions of approval are met throughout the construction
process. The Commissioners agreed to send this on to Siegel for their review.
Heritage Tee List.There is ordinance language done talking about the Heritage Tree List but that list needs to be finalized. Amy's list of
trees was created a number of years ago. It was suggested that the property owners on that list be contacted and asked if they would like to
have their tree designated a Heritage Tree. Sager suggested doing 'an article for the Back page of the Tidings regarding Heritage Trees and
what it really means offering interested citizens the ability to sign up on the website.
Mitigation Resolution progress report- Amy reported that she is done with the report and has passed it on to her supervisors to review
and then it will go to the City Attorney. She will report back after hearing from them.
New Items
Amy announced that she is expecting a baby on March 22, 2006 and will be taking maternity leave. Yea!
Tree of the Year Nomination begins-The Nomination form was in the City utility bill and is on the City Website. Citizens have until Tuesday
October 2, 2006 to nominate their favorite tree. The Commissioners will review the nominees at the October 5th meeting. The list of
nominated trees are reduced usually to 5 and a ballot gets printed in the newspaper and posted on the City Website. Typically the Tree of
the Year voting is the last day of October and the winner is announced at the second November City Council meeting.
Ailanthus replacement vote ends-Ginkgo Biloba 77 votes, Sugar Maple 63 votes, Scarlet Oak 27 votes, Zelkova 10 votes and Prospector
Elm 2 votes.
Amy received a two day notice that the Oregon Community Trees quarterly meting is September 8,2006. Because of such late notice she
will not be attending.
Current Balance is $750.00. To post the Tree of the Year ballot in the paper will cost approximately $220.00
Tree Commission Goals -Pritchard said that she has spoken with Linda Chesney at North Mountain Nature Park and is scheduling a Tree
Pruning Class for sometime in January.
Pritchard left at 9:10 p.m.
Media Outreach - The back page article that Siewert wrote came out in the Friday Edition of the Daily Tidings. The Commissioners
acknowledged he did a great job. Sager reminded the Commissioners that she would like to have a list of those who are willing to write a
back page article so she could get a backlog going.
Holley handed out a copy of a Letter to the Editor from David Kennedy regarding Trees in Ashland for those that might not have read it.
ADJOURNMENT. Commissioner Holley adjourned the meeting at 9:26 p.m.
Respectfully submitted by
Carolyn Schwendener, Account Clerk
3
III
CITY OF
ASHLAND
Council Communication
A Resolution Adopting Modifications to the Methodology for
Calculating Water and Wastewater System Development Charges,
Pursuant to Section 4.20 of the Ashland Municipal Code, and
Repealing Section 1 of Resolution 2000-29
Meeting Date: October 17,2006
Department: Public Works I Engineering
Contributing Departments: Fi~~ & Legal
Approval: Martha Benne V;
Primary Staff Contact: Paula Brown 552-2411
E-mail: brownp@ashland.or.us .
Secondary Staff Contact: Lee Tuneberg 552-2003
E-mail: tuneberl@ashland.or.us
Estimated Time: 15 minutes
Statement:
This item is brought to Council as a means for reviewing and adopting the proposed revisions to the
methodology and fee schedule for the water and wastewater SDCs. The City's System Development
Charges (SDCs) for the water and wastewater funds were last updated in 2000. The Master Plans
and Capital Improvement Plan project lists were updated for these two utilities between 2003 and
2006. These updates necessitated a review of the SDCs and allowed an opportunity to update or
revise the methodology. Through much of 2005 and into 2006, the SDC Committee along with staff
and the City's consultant, reviewed the existing methodology and helped to clarify the intent of
potential changes in methodology. The proposed revisions to the wastewater and water SDCs reflect
the Committee's unanimous recommendations to the Ashland City Council.
Staff Recommendation:
Staff recommends Council receive the staff report regarding the proposed changes to the SDC
methodology and calculations, conduct a public hearing, accept the change in methodology and
approve the SDCs established by the attached resolution (Attachment (1)).
Background:
The City of Ashland has collected SDCs since 1992 to assist in paying for the impacts of new
development on the City's infrastructure systems, including water, wastewater, transportation (streets,
sidewalks, bike lanes, etc), storm drains and parks.
Oregon law (ORS 223.297-.314) has specific requirements about what charges can be applied to new
development. Charges can only be collected for the areas listed above. They cannot be charged for
schools, police, fire or other government services. The structures for the SDCs have been established
and modified through extensive public involvement with an ad-hoc citizen committee. The SDC
Committee currently includes Darrel Boldt, Jac Nickels, Greg Williams, Larry Medinger, Russ Silbiger,
Kerry KenCairn, and Connie Saldana.
G:\pub-wrks\admin\PB Council\SDC\CC Water_ ww SDC Oct06.doc
Page 1 of 4
rA'
The City's original SDC Ordinance (AMC Section 4.20) was adopted in 1992 and amended in 1996.
The ordinance was designed for compliance with ORS 223.297-.314 (Oregon SDC statute) which
mandates that all jurisdictions having SDCs adopt ordinances consistent with this Oregon law.
Ashland's actual SDC calculations have been adopted through a series of resolutions including
Resolution No. 2000-29; "A Resolution Adopting New Water, Wastewater and Parks System
Development Charge Schedules." This resolution also served to repeal the SDCs set in 1996. For
water and wastewater, the 1996 SDCs were based on fixture counts with a single-family home
(equivalent of 17 fixtures) paying $2,716 for water and $2,255 for wastewater.
In 2000, this methodology was reviewed by the City through the SDC Committee for purposes of
simplifying the calculation and eliminating the perceived or real inequity of a 1200 sq ft home paying
the same SDC as a 3000 sq ft home. The objective was to make the calculation more predictable,
easier to administer. Staff's recommendation was to replace the use of fixture counts with "habitable
square footage" (defined as the heated square footage of a house) for single family and multi family
properties. At that time, the City developed a series of SDC brackets based on ranges of habitable
square footage and assigned these brackets a specific cost per square foot, which increased as the
overall square footage increased. This calculation and the resulting brackets were designed to be
"revenue neutral" in terms of the overall SDC revenue generated with this calculation vs. the 1996
fixture count approach. The existing SDC calculation based on a 2000 square foot home is $3,667 for
water and $2,707 for wastewater.
SOC Committee Recommendations for Methodology and Fee Schedule Changes:
In January 2005, the City contracted with Shaun Pigott Associates, LLC, to review the existing water
and wastewater SDC methodology; develop a rationale for the reimbursement element of the SDC;
recommend possible revisions to the structure or basis of the charge that might improve equity or
proportionality to demand; and provide clear documentation of the assumptions, methodology, and
results.
The SDC Committee worked directly with staff and the City's consultant over the course of 7 meetings
held between April 2005 and July 2006. Staff and the consultant held a Council Study Session on
April 3, 2006 (minutes attached as Attachment (2)), to present information regarding allowable
calculations under Oregon Laws for SDCs, both for reimbursement and for improvements and to
discuss proposed revisions to the existing methodology and proposed changes to the SDC schedule
calculations.
In June 2006, the Capital Improvements Plan (CIP) project list was updated to reflect projects that had
recently been completed and extend the list of CIP projects proposed for the entire 20 year cycle of
the SDC calculations. The revisions to the CIP had no bearing on the overall methodology, but
required a recalculation of the proposed schedule. These revisions were then brought to a final
meeting of the SDC Committee on July 17, 2006 (summary minutes attached as Attachment (3)).
As the CIP adjustments were significant, staff and the committee recommended that the entire
methodology and SDC schedule be re-noticed. Public notice was given on August 10, 2006
(Attachment (4)), which scheduled the public hearing for October 17, 2006.
The proposed revisions to the wastewater and water SDCs reflect the Committee's unanimous
recommendations to the Ashland City Council. These recommendations are documented in
Attachment (1) Exhibit B, Wastewater and Water- System Development Charge Update;
Methodology Summary - August 14, 2006, and summarized below:
. The SDC Committee felt the use of habitable square footage was consistent with the City's
objectives and recommended that it be continued as the basis for determining the amount of
the SDC for single family residences. All commercial new development would have water and
G:\pub-wrks\admin\PB Council\SDC\CC Water_ ww SDC Oct06.doc
Page 2 of 4
r.,
-- ~.__._---_._--n--."'--
wastewater SDCs based on meter size and fixture counts, respectively. However, the
Committee recommended a uniform cost per habitable square foot as the multiple brackets
was considered counterproductive.
· The City funded the construction of its new wastewater treatment plant primarily through food
and beverage tax receipts. Accordingly, the proposed reimbursement portion of the
wastewater SDC does not include the treatment plant costs paid through the food and
beverage tax.
· The Committee recommends that the current 5 distinct SDC funds be reduced to 2, one for
wastewater and one for water.
· The City has updated facility plans and CIPs for both utilities. These individual projects and
their allocation to growth are now part of the City's SDC methodology and will be updated
annually.
Proposed Fee Schedule Changes
Based on the SDC Committee's review of the water and wastewater project lists and the allocation
methods felt to be most consistent with the City's policy objectives, the following are the Committee's
SDC recommendations:
Wastewater SDC: for a "typical" 2,000 habitable square foot home
Current residential $2,707
Proposed residential - $1,613
Proposed commercial properties (based on fixture counts) - $124 per fixture.
Example: A commercial property having16 fixtures would pay a wastewater SDC of $1,984.
The reduction of the SDC for wastewater is due to a significantly reduced allocation of capital facility
costs to growth and the removal of the reimbursement element of the portion of the treatment plant
funded through food and beverage tax receipts. The food and beverage tax sunsets in 2010. If these
tax revenues are no longer available to fund the wastewater treatment plant, the debt service for this
facility would need to be paid through a combination of increased wastewater rates and increased
SDCs.
Water SDC: for a "typical" 2,000 habitable square foot home
Current residential $3,667
Proposed residential - $5,208
Proposed commercial properties (based on meter size and flow factor/meter equivalence as
established by the American Water Works Association (AWWA) standard for cold water
meters - displacement type).
Example: a %" meter will pay $4,940; 1" meter $8,250; 1.5" meter; 1.5" meter $16,450.
This increase in the SDC results from evaluation of each project identified in City's water CIP and a
more accurate allocation of these project costs between growth and current water utility customers.
Related City Policies:
AMC Section 4.20.040 Systems Development Charge Established
AMC Section 4.20.050 Methodology
(both sections reprinted for your convenience as Attachment (5))
G:\pub-wrks\admin\PB Council\SDC\CC Water_WW SDC Oct06.doc
Page 3 of 4
~~,
II
Council Options:
This action requires that Council hold a Public Hearing to discuss the proposed water and wastewater
SDC methodology and fee schedule. Once the public hearing has concluded, Council has the
following options:
· to accept the SDC Committee's and staffs proposed changes in the methodology and approve
the schedule as shown in the proposed resolution; or
· to accept the SDC Committee's and staffs proposed changes in the methodology and approve
the schedule as shown in the proposed resolution with other qualifying statements; or
· to direct staff to rework or clarify portions of the methodology or SDC schedule; or
· to deny the SDC Committee's and staffs proposed changes in the methodology and schedule,
not approve the proposed resolution, and further redirect staff to rework the water and
wastewater SDC methodology and SDC schedule calculations.
Staff Recommendation:
Staff recommends Council accept the change in water and wastewater methodology and approve the
SDCs established by the attached resolution.
Potential Motions:
Upon completion of the Public Hearing and without significant objections to the water and wastewater
SDC methodology, Council may move acceptance by one of the following motions:
· to accept the change in water and wastewater SDC methodology and approve the SDCs
established by the resolution; or
· to accept the change in water and wastewater SDC methodology and approve the SDCs
established by the resolution with other qualifying statements; or
If there are significant objections to the water and wastewater methodology and SDC schedule,
Council may move ,
· to deny approval of the resolution and redirect staff.
Attachments:
(1) Proposed Resolution Adopting Modifications to the Methodology for Calculating Water and
Wastewater System Development Charges Allocations and Fee Schedules, Pursuant to
Section 4.20 of the Ashland Municipal Code
a. Exhibit A - Wastewater and Water - System Development Charge Fee Schedule
Summary
b. Exhibit B - Wastewater and Water - System Development Charge Update;
Methodology Summary - August 14, 2006
(2) Minutes for the Council Study Session of April 3, 2006
(3) SDC Committee Meeting Summary for July 17, 2006
(4) News Release for Public Hearing (dated July 20,2006 for release on August 10, 2006)
(5) Reprint of AMC Section 4.20.040 Systems Development Charge Established; and AMC
Section 4.20.050 Methodology
G:\pub-wrks\admin\PB Council\SDC\CC Water_ ww SDC Oct06,doc
Page 4 of 4
r.l'
II
RESOLUTION NO. 2006-
A RESOLUTION ADOPTING MODIFICATIONS TO THE METHODOLOGY FOR
CALCULATING WATER AND WASTEWATER SYSTEM DEVELOPMENT CHARGES,
PURSUANT TO SECTION 4.20 OF THE ASHLAND MUNICIPAL CODE, AND
REPEALING SECTION 1 OF RESOLUTION 2000-29.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The existing System Development Charges Schedule for Water and
Wastewater Users adopted as Section 1 of Resolution 2000-29 is repealed, effective
November 1, 2006.
SECTION 2. The Water and Wastewater System Development Charges Fee Schedule
Summary, marked as Exhibit A, is adopted. The new schedule for Residential users
continues to be based upon the gross habitable floor area of the residential uses.
Commercial SDCs shall continue to be based upon the number of plumbing fixture
units.
SECTION 3. The revised methodology for Water and Wastewater System
Development Charges, marked as Exhibit B, is adopted. The methodology adopts a
reimbursement schedule and reduces the number of funds to 2; one for the Water SDC
Fund and one for the Wastewater SDC Fund.
SECTION 4. The new System Development Charge Schedules shall become effective
November 1, 2006.
This resolution was read by title only in accordance with Ashland Municipal Code
92.04.090 duly PASSED and ADOPTED this day of , 2006.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2006.
John W. Morrison, Mayor
Attachment (1 )
1- G:\pub-wrks\admin\PB Council\SDC\RESO Water_WW SDC Oct06 as attch 1.doc
City of Ashland
Water and Wastewater - System Development Charge
Fee Schedule Summary
Exhibit 'A'
Prepared by
Shaun Pigott Associates, LLC
August 14, 2006
Based on the SDC Committee's review ofthe water and wastewater project lists and the
allocation methods felt to be most consistent with the City's policy objectives, the following are
the Committee's SDC recommendations:
Wastewater SDC
Current - SDC is $2,707 for a "typical" 2,000 habitable square foot home
Proposed - SDC would be $1,613 for a "typical" 2,000 habitable square foot home
This reduction of the SDC for wastewater is due to a significantly downsized allocation of
capital facility costs to growth and the removal of the treatment plant funded through food and
beverage tax receipts from the reimbursement element of the SDC. It should be highlighted
that the food and beverage tax is due to sunset in 2010. If these tax revenues are no longer
available to fund the wastewater treatment plant, the debt service for this facility would need to
be paid through a combination of increased wastewater rates and increased SDCs.
The SDC for commercial properties will be based on fixture counts (number of toilets, sinks,
etc) at a rate of $124 per fixture. A commercial property having, as an example, 16 fixtures
would pay a wastewater SDC of$I,984.
Water SDC
Current - SDC is $3,667 for a "typical" 2,000 habitable square foot home
Proposed - SDC would be $5,208 for a "typical" 2,000 habitable square foot home
This increase in the SDC results from evaluation of each project identified in City's water CIP
and a more accurate allocation of these project costs between growth and current water utility
customers.
The SDC for commercial properties will be based on meter size and flow factor/meter
equivalence as established by the American Water Works Association (A WW A) standard for
cold water meters - displacement type. As an example a %" meter will pay $4,940; 1" meter
$8,250; 1.5" meter; 1.5" meter $16,450.
City of Ashland - sec Update Methodology Summary
Wastewater and Water
Page 1
WATER SYSTEM DEVELOPMENT CHARGES
REIMBURSEMENT FEE
City of Ashland, Oregon
Calculation of Water System Development Charges
Reimbursement Fee Derivation
Calculation of the Value of Capacity Available to Serve Growth:
Original Cost
less: Accumulated Depreciation
less: Book Value of the Hosler Dam
less: Grants
less: Developer Contributions
less: Principal Outstanding on long Term Debt
Series 1977 Water General Obligation Bonds
Series 1997 Flood and Refunding Bonds
Series 2003 Water Revenue Bonds
Net Rate Payer Investment in Capacity Available to Serve Growth
Commercial &
Residential Institutional Total
7,114 1,960 9,074
78.40% 21.60% 100%
25,859,286.21 7,124,571.41 32,983,857.62
(7,398,192.23) (2,038,298.68) (9,436,490.91)
(59,779.87) (16,470.13) (76,250.00)
Basis for Al/ocatlonTo Customer Classes:
Current Equivalent %" Meters in Service
Percentages
(78,399.82)
(944,717.88)
(4,139,510.69)
13,238,685.73
(21,600.18)
(260,282.12)
(1,140,489.31)
3,647,430.98
(100,000.00)
(1,205,000.00)
(5,280,000.00)
16,886,116.71
Calculation of Future Demand:
20 Year ForecasLResidenlial Habitable Area (Square Feet)
20 Year Forecast... Commercial Equivalent Meters
18,167,889
2640
Calculated Water Reimbursement Fee:
City of Ashland - SDC Update Methodology Summary
Wastewater and Water
Page 2
WATER SYSTEM DEVELOPMENT CHARGES
IMPROVEMENT FEE
City of Ashland, Oregon
Calculation of Water System Development Charges
Improvement Fee Derivation
Commercial &
Residential Institutional Total
Basis for Allocation To Customer Classes:
Current Equivalent %" Meters in Service
Percentages
7,114
78.40%
1,960
21.60%
9,074
100%
Calculation of the Value of Capacity Available to Serve Growth:
Future Project Costs Attributable to Growth:
TAP beyond Talent
Transmission line (Reeder to Plant)
Hosler Dam Stability Analysis
Lost Creek Water Rights (additional)
Hosler Dam Security and Telemetry
Sludge Lagoon Improvements
Water Treatment Plant Filter Improvements
Review Chlorine-Hypochloride
Plant and Process Improvements
Filters 7 and 8 New
Waterline Replacement - Granite
Fire Flow Distribution Reservoir
Crowson-Airport-E. Main Loop
Replace Steel line Terrace; Irrigation Ditch to Lowe
Upsize Lines at Maple, Scenic & Chestnut
Replace line Strawberry to Grandview
Upsize Mains on Wimer-Sunnyview
New line Benson Loop
Upsize Lines - Euclid, Prospect, Fem, Roca
Upsize Mains on Tolman Creek
Replace Steel line on Siskiyou
Intemal 4" line Upsizing
Other line Upsizing
Engineering Cost
Construction Mgmt Contingency
Total Growth Related Costs
Calculation of Future Demand:
20 Year Forecasted Growth in Residential Habitable Area (Square Feet)
20 Year Forecasted Growth in Equivalent Meters
$ 3,189,893 $ 878,857 $ 4,068,750
771,216 212,480 983,696
391,999 108,001 500,000
29,400 8,100 37,500
9,408 2,592 12,000
47,040 12,960 60,000
58,800 16,200 75,000
188,160 51,840 240,000
343,979 94,771 438,750
108,388 29,862 138,250
194,040 53,460 247,500
38,416 10,584 49,000
27,440 7,560 35,000
49,000 13,500 62,500
19,600 5,400 25,000
49,000 13,500 62,500
38,416 10,584 49,000
53,900 14,850 68,750
73,500 20,250 93,750
31 ,360 8,640 40,000
137,200 37,800 175,000
147,000 40,500 187,500
1,045,187 287,963 1,333,150
1,352,757 372,702 1 ,725,459
$ 8,395,096 I $ 2,312,9591 $ 10,708,055
4,476,432
650
City of Ashland - SDC Update Methodology Summary
Wastewater and Water
Page 3
W ASTEW A J:ER SYSTEM DEVELOPMENT CHARGES
REIMBURSEMENT FEE
City of Ashland, Oregon
Calculation of Wastewater System Deloelopment Charges
Reimbursement Fee Derivation
Commercial &
Residential Institutional
Total
Basis for Allocation To Customer Classes:
20-Year Plan (Year 2023) Aloerage Dry Weather Wastewater Flow (MGD)*
Aloerage Dry Weather Flow Percentages
1.90
74%
0.68
26%
2.58
100%
Calculation of the Value of Capacity A vailable to Serve Growth:
Original Cost
less: Accumulated Depreciation
less: Grants
less: Contributed Capital (City food and beloerage tax receipts)
less: Principal Outstanding on Long Term Debt:
EPNDEQ State Rewllling Loan Program (fed. CFDA No. 66.458)
Net Rate Payer Inloestment in Capacity Available to Sefloe Growth
Calculation of Future Demand:
20 Year Forecast... Residential Habitable Area (Square Feet)
20 Yeat Forecast...Commercial Fixture Counts
$ 36,643,246 $ 13,114,425 $ 49,757,671
(4,050,653) (1,449,707) (5,500,360)
(8,785,659) (3,144,341) (11,930,OOO)
(16,632,189) (5,952,573) (22,584,762)
$ 7,174,745 $ 2,567,804 $ 9,742,549
18,167,889
42,237
Calculated Sanitary Sewer Reimbursement Fee:
City of Ashland - SDC Update Methodology Summary
Wastewater and Water
Page 4
WASTEWATER SYSTEM tDEVELOPMENT CHARGES
IMPROVEMENT FEE
City of Ashland, Oregon
Calculation of Wastewater System Development Charges
Improvement Fee Derivation
Basis for Allocation To Customer Classes:
20- Year Plan (Year 2023) Average Dry Weather Wastewater Flow (MGD)*
Average Dry Weather Flow Percentages
Calculation of the Value of Capacity Available to Serve Growth:
Future Project Costs Attributable to Growth:
New Membrane Sections
Process Improvements
Thermal Improvements
North Mountain Park
Wightman to Tolman
Collection System Master Plan Update
Granite Street
North Main Pump Station Replacement
Walnut: Grant - Wimer
Street Line UpsizelReplacement
Oak Street Lithia to A
Mountain Ave. Upsize
Willow Street Upsize and Replace
Hersey Street Upsize and Replace
In-House Line Replace and Upsize
Collection System Improvements
Engineering Cost
Construction Mgmnt & Contingency
Total Growth Related Costs
Calculation of Future Demand:
20 Year Forecasted Growth in Residential Habitable Area (Square Feet)
20 Year Forecasted Growth in Commercial Fixture Counts
Calculated Sanitary Sewer Improvement Fee:
Commercial &
Residential Institutional Total
1.90
73.64%
$ 32,219 $
36,822
92,054
231,977
187,791
84,690
12,151
24,855
17 ,453
100,523
30,930
42,345
19,147
16,938
88,372
110,465
317 ,403
397,251
$ 1,843,387 I $
4,476,432
0.68
26.36%
11,531 $
13,178
32,946
83,023
67,209
30,310
4,349
8,895
6,247
35,977
11,070
15,155
6,853
6,062
31,628
39,535
113,597
142,174
659,7381 $
10,407
2.58
100%
43,750
50,000
125,000
315,000
255,000
115,000
16,500
33,750
23,700
136,500
42,000
57,500
26,000
23,000
120,000
150,000
431 ,000
539,425
2,503,125
Source: City of Ashland, Sanitary Sewer Collection System Master Plan, Final Report, January, 2005, Table 2.5 - Summary of
Population and Flow Projections
City of Ashland - SDC Update Methodology Summary
Wastewater and Water
Page 5
City of Ashland
Wastewater and Water - System Development Charge Update
Methodology Summary
August 14, 2006
Prepared by
Shaun Pigott Associates, LLC
CITY OF ASHLAND
WASTEWATER AND WATER
SYSTEM DEVELOPMENT CHARGE UPDATE
Process
This update of Ashland's system development charges (SDC) for wastewater and water was
done in order to revise the SDCs based on recently completed facility plans for both utility
systems. Also, as part of this update process; issues related to the current SDC structure were
addressed through Ashland's SDC Committee. The Committee includes Darrel Boldt, Jac
Nickels, Greg Williams, Larry Medinger, Russ Silbiger, Kerry KenCairn, and Connie Saldana.
The SDC Committee has worked directly with staff and the City's consultant over the course of
6 meetings held between April 2005 through July 2006. The proposed revisions to the
wastewater and water SDCs reflect the Committee's unanimous recommendations to the
Ashland City Council.
For this update, the City and Committee had a number of objectives:
. Review the basis for the SDCs to ensure a consistent methodology;
. Develop a rationale and documentation for the reimbursement element of the SDC;
. Consider possible revisions to the structure or basis of the charge that might improve equity
or proportionality to demand; and
. Provide clear, orderly documentation of the assumptions, methodology, and results, so that
City staff can, by reference, respond to questions or concerns from the public
Background
The City's SDC Ordinance No. 4.20 was originally adopted in 1992 and amended in 1996. The
ordinance was designed for compliance with ORS 223.297-.314 (Oregon SDC statute) which
mandates that all jurisdictions having SDCs adopt ordinances consistent with this Oregon law.
Actual SDC calculations have been adopted through a series of resolutions including Resolution
No. 2000-29 "A Resolution Adopting New Water, Wastewater and Parks System Development
Charge Schedules." This also served to repeal the SDCs set in 1996. For water and wastewater,
the 1996 SDCs were based on fixture counts with a single-family home (17 fixtures) paying
$2,716 for water and $2,255 for wastewater.
City of Ashland - SDC Update Methodology Summary
Wastewater and Water
Page 1
In 2000, this methodology was reviewed by the City through the SDC Committee for purposes of
simplifying the calculation and eliminating the perceived or real inequity of a 1200 sq ft home
paying the same SDC as a 3000 sq ft home. The objective was to simplify and make the
calculation more predictable, easier to administer and to ensure that larger homes paid a
proportionately larger SDC over smaller homes. The staff recommendation was to replace, for
single family and multi family properties, the use of fixture counts with "habitable square
footage" which equals the heated square footage of a house. This figure would be submitted as
part of the plan review process and would be clear, easy to administer and charge larger houses
proportionately more for their SDC. In order to achieve this last objective, the City developed a
series of SDC brackets based on ranges of habitable square footage and assigned to these
brackets a specific cost per square foot, with the cost per square foot within each bracket going
up as the overall square footage increased. This calculation and the resulting brackets were
designed to be "revenue neutral" in terms of the overall SDC revenue generated with this
calculation vs. the 1996 fixture count approach. Under this 2000 revised approach, a "typical"
average sized home would be charged a water SDC of $3,362 ($2,716 under old SDC) and a
wastewater SDC of $2,482 ($2,255 under old SDC).
The City's revenue status for its water and wastewater SDC accounts, of which there are 5, is as
follows:
. Overall SDC revenues for water in 2005 are budgeted at $525,000; wastewater SDC
revenues are budgeted in 2005 at $438,000.
. Water SDCs are collected and tracked under distribution, treatment and supply. '05 fund
balances are ($1,442,000) for supply, $776,000 for treatment and $2,643,000 for
distribution.
. Wastewater SDCs are collected and tracked under two categories; collection and
treatment. The adopted 2005 budget shows a fund balance of $1,439,000 for collection
and ($77,000) for treatment.
Specific SDC Committee Recommendations
. The City's use of "habitable square footage" for wastewater and water SDC calculation
differs from the generally accepted approach used in Oregon which is either meter size
and/or fixture counts. However, ORS 223 does not mandate any specific calculation
approach so long as the allocation methodology selected "promotes that future system
users contribute no more than an equitable share to the cost of existing facilities" AND
"the cost of projected capital improvements needed to increase the capacity of the
systems" is the basis for the charge. The SDC Committee did feel the use of habitable
square footage was consistent with the City's objectives for promoting smaller home
construction in the City and recommended that it be continued. However, the use of
numerous brackets in applying habitable square footage was considered
counterproductive and the Committee recommended a uniform cost per habitable square
foot.
City of Ashland - SDC Update Methodology Summary
Wastewater and Water
Page 2
· The City has funded the construction of its new wastewater treatment plant through food
and beverage tax receipts. This source of funding is not affected by existing wastewater
customers nor can an SDC designed to reimburse the utility (and its customers) for its
costs in providing capacity be applied when the treatment facilities are paid through a
food and beverage tax. Accordingly, the reimbursement portion of the wastewater SDC
does not include the treatment costs paid through the food and beverage tax.
· The City currently maintains 5 distinct SDC funds for wastewater and water. Under
wastewater there are SDC funds for treatment and collection. Under water, there are
separate SDC funds for distribution, treatment and supply. The Committee recommends
that these 5 funds be reduced to 2, one for wastewater and one for water. Any concerns
about loss of accountability by reducing the number of funds can be offset by annually
reconvening the SDC Committee to review the City's year-end report on SDC receipts,
expenditures and capital project list. The SDC Committee did volunteer their time for
these annual meetings.
· Ashland's 2000 water and wastewater SDCs are based on projects that were updated
from the 1996 SDC study. The City now has updated facility plans and CIPs for both
utilities. For this SDC update, each of these projects has been reviewed in terms of
purpose, cost, and allocation between existing ratepayers and SDC eligibility. The SDC
Committee spent the majority of its time reviewing the capital project lists and capacity
allocations for each of the wastewater and water projects. These individual projects and
their allocation to growth are now part of the City's SDC methodology.
SDC Methodology and Calculation
The City's uses distinct allocators for future commercial water and wastewater connections to
the systems. These allocators are meter equivalents and fixture counts respectively. The capital
costs determined to be SDC eligible were divided between the commercial and single family
residential users based on the total current meter equivalents in service for water; 78.4% are
single family residential (SFR) and 21.6% are commercial. For wastewater, the basis for
allocation was the average dry weather flow from these two customer groups; 73.64% is SFR
and 26.36% is commercial.
Under ORS 223, there are two elements to an SDC:
The reimbursement fee considers the cost of existing facilities, prior contributions by existing
users of those facilities, the value of the unused/available capacity, and generally accepted
ratemaking principles. The objective is that "future system users contribute no more than an
equitable share to the cost of existing facilities." The reimbursement fee can be spent on capital
costs or debt service related to the systems for which the SDC is applied.
City of Ashland - SDC Update Methodology Summary
Wastewater and Water
Page 3
City of Ashland, Oregon
Calculation of Water System Dellelopment Charges
Reimbursement Fee Derivation
Basis for Allocation To Customer Classes:
Current Equivalent Yo" Meters in Ser"IAce
Percentages
Calculation of the Value of Capacity A vailable to Serve Growth:
Original Cost
less: Accumulated Depreciation
less: Book Value ot'the Hosler Dam
less: Grants
less: Developer Contributions
less: Principal Outstanding on Long Term Debt
Series 1977 Water General Obligation Bonds
Series 1997 Flood and Refunding Bonds
Series 2003 Water Rellenue Bonds
Net Rate Payer Inllestment in Capacity Available to Seflle Growth
Calculation of Future Demand:
20 Year Forecast... Residential Habitable Area (Square Feet)
20 Year Forecast... Commercial Equivalent Meters
Calculated Water Reimbursement Fee:
Commercial &
Residential Institutional
Total
7,114
78.40%
1,960
21.60%
9,074
100%
25,859,286.21
(7,398,192.23)
(59,779.87)
7,124,571.41
(2,038,298.68)
(16,470.13)
32,983,857.62
(9,436,490.91)
(76,250.00)
(78,399.82)
(944,717.88)
(4,139,510.69)
13,238,685.73
(21,600.18)
(260,282.12)
(1,140,489.31)
3,647,430.98
(100,000.00)
(1,205,000.00)
(5,280,000.00)
16,886,116.71
18i167,889
2640
City of Ashland, Oregon
Calculation of Wastewater System Dellelopment Charges
Reimbursement Fee Derivation
Basis for Allocation To Customer Classes:
20-Year Plan (Year 2023) Average Dry Weather Wastewater Flow (MGD)*
Allerage Dry Weather Flow Percentages
Calculation of the Value of Capacity A val/able to Serve Growth:
Original Cost
less: Accumulated Depreciation
less: Grants
less: Contributed Capital (City food and beverage tax receipts)
less: Principal Outstanding on Long Term Debt:
EPAlDEQ State Rewlving Loan Program (fed. CFDA No. 66.458)
Net Rate Payer Investment in Capacity Available to Seflle Growth
Calculation of Future Demand:
20 Year Forecast...Residential Habitable Area (Square Feet)
20 Yeat Forecast...Commercial Fixture Counts
Calculated Sanitary Sewer Reimbursement Fee:
Commercial &
Residential Institutional
Total
1.90
74%
0.68
26%
2.58
100%
$ 36,643,246 $ 13,114,425 $ 49,757,671
(4,050,653) (1,449,707) (5,500,360)
(8,785,659) (3,144,341) (11,930,000)
(16,632,189) (5,952,573) (22,584,762)
$ 7,174,745 $ 2,567,804 $ 9,742,549
18,167,889
42,237
City of Ashland - SDC Update Methodology Summary
Wastewater and Water
Page 4
The improvement fee portion of the SDC is based on the cost of planned future facilities that
expand the system's capacity to accommodate growth or increase its level of performance. In
developing an analysis of the improvement portion of the fee, each project in the City's capital
improvement plan was reviewed to exclude costs related to correcting existing system
deficiencies or upgrading for historical lack of capacity. The improvement SDC is calculated as a
function of the estimated number of additional units to be served by the City's facilities over the
planning period.
City of Ashland, Oregon
Calculation of Water System Development Charges
Improvement Fee Derivation
Commercial &
Residential Institutional Total
Basis for Allocation To Customer Classes:
Current Equivalent 0/." Meters in Service
Percentages
7,114
78.40%
1,960
21.60%
9,074
100%
Calculation of the Value of Capacity Available to Serve Growth:
Future Project Costs Attributable to Growth:
TAP beyond Talent
Transmission Line (Reeder to Plant)
Hosler Dam Stability Analysis
lost Creek Water Rights (additional)
Hosler Dam Security and Telemetry
Sludge lagoon Improvements
Water Treatment Plant Filter Improvements
Review Chlorine-Hypochloride
Plant and Process Improvements
Filters 7 and 8 New
Waterline Replacement - Granite
Fire Flow Distribution Reservoir
Crowson-Airport-E. Main loop
Replace Steel Line Terrace; Irrigation Ditch to lowe
Upsize Lines at Maple, Scenic & Chestnut
Replace Line Strawberry to Grandview
Upsize Mains on Wimer-Sunnyview
New line Benson loop
Upsize lines - Euclid, Prospect, Fern, Roca
Upsize Mains on Tolman Creek
Replace Steel line on Siskiyou
Internal 4" Line Upsizing
Other line Upsizing
Engineering Cost
Construction Mgmt Contingency
Total Growth Related Costs
Calculation of Future Demand:
20 Year Forecasted Growth in Residential Habitable Area (Square Feet)
20 Year Forecasted Growth in Equivalent Meters
$ 3,189,893 $ 878,857 $ 4,068,750
771,216 212,480 983,696
391,999 108,001 500,000
29,400 8,100 37,500
9,408 2,592 12,000
47,040 12,960 60,000
58,800 16,200 75,000
188,160 51,840 240,000
343,979 94,771 438,750
108,388 29,862 138,250
194,040 53,460 247,500
38,416 10,584 49,000
27,440 7,560 35,000
49,000 13,500 62,500
19,600 5,400 25,000
49,000 13,500 62,500
38,416 10,584 49,000
53,900 14,850 68,750
73,500 20,250 93,750
31,360 8,640 40,000
137,200 37,800 175,000
147,000 40,500 187,500
1,045,187 287,963 1,333,150
1 ,352,757 372,702 1 ,725,459
$ 8,395,096 I $ 2,312,959 I $ 10,708,055
4,476,432
650
Calculated Water ImprovementFee:
City of Ashland - SDC Update Methodology Summary
Wastewater and Water
Page 5
City of Ashland, Oregon
Calculation of Wastewater System Development Charges
Improvement Fee Derivation
Commercial &
Residential Institutional
Basis for Allocation To Customer Classes:
20- Year Plan (Year 2023) Average Dry Weather Wastewater Flow (MGD)*
Average Dry Weather Flow Percentages
1.90
73.64%
Calculation of the Value of Capacity Available to Serve Growth:
Future Project Costs Attributable to Growth:
New Membrane Sections
Process Improvements
Thermal Improvements
North Mountain Park
Wightman to Tolman
~ Collection System Master Plan Update
Granite Street
North Main Pump Station Replacement
Walnut: Grant - Wimer
Street Line Upsize/Replacement
Oak Street Lithia to A
Mountain Ave. Upsize
Willow Street Upsize and Replace
Hersey Street Upsize and Replace
In-House Line Replace and Upsize
Collection System Improvements
Engineering Cost
Construction Mgmnt & Contingency
Total Growth Related Costs
$ 32,219 $
36,822
92,054
231,977
187,791
84,690
12,151
24,855
17,453
100,523
30,930
42,345
19,147
16,938
88,372
110,465
317,403
397,251
$ 1,843,387 I $
Calculation of Future Demand:
20 Year Forecasted Growth in Residential Habitable Area (Square Feet)
20 Year Forecasted Growth in Commercial Fixture Counts
4,476,432
Calculated Sanitary Sewer Improvement Fee:
0.68
26.36%
11,531 $
13,178
32,946
83,023
67,209
30,310
4,349
8,895
6,247
35,977
11,070
15,155
6,853
6,062
31,628
39,535
113,597
142,174
659,738 I $
10,407
Total
2.58
100%
43,750
50,000
125,000
315,000
255,000
115,000
16,500
33,750
23,700
136,500
42,000
57,500
26,000
23,000
120,000
150,000
431,000
539,425
2,503,125
Source: City of Ashland, Sanitary Sewer Collection System Master Plan, Final Report, January, 2005, Table 2.5- Summary of
Population and Flow Projections
City of Ashland - SDC Update Methodology Summary
Wastewater and Water
Page 6
Based on the SDC Committee's review ofthe water and wastewater project lists and the
allocation methods felt to be most consistent with the City's policy objectives, the following are
the Committee's SDC recommendations:
Wastewater SDC
Current - SDC is $2,707 for a "typical" 2,000 habitable square foot home
Proposed - SDC would be $1,613 for a "typical" 2,000 habitable square foot home
This reduction of the SDC for wastewater is due to a significantly downsized allocation of
capital facility costs to growth and the removal of the treatment plant funded through food and
beverage tax receipts from the reimbursement element of the SDC. It should be highlighted
that the food and beverage tax is due to sunset in 2010. If these tax revenues are no longer
available to fund the wastewater treatment plant, the debt service for this facility would need to
be paid through a combination of increased wastewater rates and increased SDCs.
The SDC for commercial properties will be based on fixture counts (number of toilets, sinks,
etc) at a rate of $124 per fixture. A commercial property having, as an example, 16 fixtures
would pay a wastewater SDC of $1 ,984.
Water SDC
Current - SDC is $3,667 for a "typical" 2,000 habitable square foot home.
Proposed - SDC would be $5,208 for a "typical" 2,000 habitable square foot home
This increase in the SDC results from evaluation of each project identified in City's water CIP
and a more accurate allocation of these project costs between growth and current water utility
customers.
The SDC for commercial properties will be based on meter size and flow factor/meter
equivalence as established by the American Water Works Association (A WW A) standard for
cold water meters - displacement type. As an example a %" meter will pay $4,940; 1" meter
$8,250; 1.5" meter; 1.5" meter $16,450.
City of Ashland - SDC Update Methodology Summary
Wastewater and Water
Page 7
. City of Ashland, Oregon - Agendas And Minutes
Page 1 of3
City of Ashland, Oregon / City Council
City Council - Minutes
Monday, April 03, 2006
MINUTES FOR THE STUDY SESSION
ASHLAND CITY COUNCIL
Monday, April 3, 2006 at 5:15 p.m.
Civic Center Council Chambers
1175 East Main Street
Mayor John Morrison called the meeting to order at 5:15 p.m.
Councilors Hardesty, Amarotico, Hartzell, Silbiger and Chapman were present. Councilor Jackson was
absent.
I. Water and Wastewater System Development Charges Study
Finance Director Lee Tuneberg presented the staff report and the draft report submitted by consultant
Shaun Pigott. He explained that the purpose of this study session was to afford the Council the opportunity
to educate themselves on state requirements for setting System Development Charges (SDC's) and what
approach should be taken.
Mr. Tuneberg explained that the reports provide history of SDC's for water and wastewater and the
methodology for both systems. The last revision of SDC's was in 2000 where the methodology changed
from fixture counts to a habitable square footage basis. He stated that a public hearing has been
tentatively scheduled for April 18, 2006.
Mr. Pigott proceeded with a power point presentation on material that was submitted previously to the
Council in the packet information. His presentation included the following tables:
· Reimbursement and Improvement Fee Methodology for Water and Sewer SDC's
· Analysis of existing Meters and Equivalent Dwelling Units (EDUs)
· Habitable Square Footage for Estimate on Total Square Footage over Planning Period
· Fixture Count Conversion from Meter Equivalents
· Master Plan Population Growth Rate Forecast
· Non-Residential Forecast of Fixture Units
Further calculation on water and sewer SDC's for reimbursement and improvement fee derivations were
provided. It was noted that the wastewater treatment plant is not included in the calculations due to how it
relates to the Food & Beverage tax receipts.
In summary, based on 2,000 square feet for single family residence, water SDC's would be $4,341 and
sewer SDC's would be $1,237. For non-single family residence water SDC's would be $4,116 and sewer
SDC's would be $95.19 per fixture or $1,523 at 16 fixture units. Current water SDC's based on 2,000
square feet is $3,667 and sewer is $2,707.
Staff requested direction on methodology and the proposed SDC's. Mr. Pigott explained that the calculation
does not include "held" water in hot tubs and swimming pools. He stated that through ordinance the City
could provide for a demand cost associated with "held" water and would need to be based on a case-by-
case scenario.
Further clarification was provided on how the reimbursement fee is calculated and how it relates to the
Food & Beverage tax that is collected for the wastewater treatment plant. Mr. Pigott feels that under the
proposed methodology it is a fair calculation to rate payers. The calculations are based on existing
conditions.
A*GlCh1T\t.nt (2.)
http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=2578&Print=True 10/5/2006
City of Ashland, Oregon - Agendas And Minutes
Page 2 of3
Mr. Pigott explained that the committee felt that Hostler Dam was built to serve existing customers at that
time and because of this decided not to include it in the SDC calculations. He stated that the methodology
being presented is fair and is understood and supported by the committee.
Staff reported that they would bring this back for a public hearing and first reading of an ordinance.
Councilor Hartzell suggested that: 1) the draft ordinance not accept the exclusion of the value of Hosler
Dam, and 2) that CIP's include the financial assessment of staff cost for each project and that this be
factored into SDC's starting in 2007. If the committee is going to convene annually, she suggested a
change in its composition and requested that it be treated like the other City commissions and committee.
Councilor Hartzell also requested that staff look at an assessment for SDC's on pools as an automatic
calculation of additional SDC cost. She clarified for staff that she would like the draft ordinance brought
forward in such a way that it contains information that provides Council with the pros and cons of these
additional items being recommended.
II. Review of Boards and Commissions
Management Analyst Ann Seltzer presented the staff report. She explained that this report was identified in
the 2005 Council Goal Setting.
Ms. Seltzer stated that over the years, inconsistencies in the various ordinances and resolutions
establishing City commissions, committees and boards (CCB's) have been brought to the attention of
Council. One of these inconsistencies includes Council liaisons as voting members on some commissions
and not on others, or designates the Council liaison as the commission chairperson on some but not on
others.
The establishment of each CCB developed differently, some by ordinance or resolution and each were
developed based on a specific need at that time. Mr. Seltzer gave various examples. She also noted that
there is concern that the growing demands placed on staff by some CCB's may not be an efficient use of
staff time.
Ms. Seltzer provided several possible approaches in assessing CCB's using an objective, strategy and
action. She also posed several questions that the Council could consider for discussion.
Council commented that it would be nice if there was uniformity on the CCB's, establish these by either
resolution or ordinance, and that budgets be identified. It was suggested that surveys mayor may not be
helpful, that criteria be established for forming CCB's, that an evaluation of staff time be conducted, and for
youth representatives to be identified. Comments were made in regards to inconsistency on the number of
voting members for CCB's and request for further discussion on the structure of the Transportation
Commission.
Formalization on the responsibility of the liaison was requested.
It was suggested that Council be allowed to further study the information provided and talk to various
committee members and liaisons for further discussion at another council meeting. Councilor Hartzell
suggested forming a small work group amongst the Council and staff. Councilor Hartzell and Hardesty
agreed to work on this sub-committee.
Tree Commissioner Bryan Holley spoke in regards to citizen participation in the public process and the need
to honor the volunteer work that has been done on behalf of the City as they move forward. He commented
briefly on: staff time, goals, council liaison activity, consistency, and public records and public meetings law
training; and shared an experience with a previous staff member who had suggested the Tree Commission
vote on a planning action when it was not their practice to do so.
Meeting was adjourned at 6:45 p.m.
Respectfully submitted,
Barbara Christensen, City Recorder
http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=2578&Print=True
10/5/2006
City of Ashland, Oregon - Agendas And Minutes
Page 3 of3
End of Document - Back to Top
http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=2578&Print=True
10/5/2006
City of Ashland
Public Works
SDC COMMITTEE MEETING SUMMARY
for
July 17,2006
Attendees:
Committee Members: Darrell Boldt, Kerry Ken Cairn, Connie Saldana, Greg
Williams, Larry Medinger, Russ Silbiger
City Staff: Paula Brown - Public Works Director, Lee Tuneberg - Finance
Director, Shaun Pigott - Consultant
Committee Members Not Attending: Jac Nickels
Preface: The SDC Committee's work through last fall was predicated on the CIP
that was developed simultaneously with the Navy's decision to deploy Paula
Brown to Iraq. As a result, some of the projects were not accurately reflected in
the CIP which affects the SDC calculations both in terms of the project cost and
the allocation of project costs to future and existing development. This SDC
Committee meeting was called to apprize the Committee members of the
necessary revisions to the CIP and the resulting impacts on the SDC
calculations.
I. Review
Paula reviewed the objectives for the meeting: a) present the revised CIP, b)
include contingencies and engineering costs in the calculations, and c) discuss
with the Committee the resulting changes in the SDCs. As a starting point,
Paula asked Shaun Pigott to review the SDC Committee's work to date. Shaun
then presented the results of the Committee's efforts over their 4 meetings and
also showed the information presented to the Ashland City Council in April of
2006. This also included a review of the methodology that would be followed in
establishing the reimbursement and improvement portions of the water and
sewer SDC.
G:\pub-wrks\admin\PB SDC\SDC Committee 7-17 -06(Shaun).doc
Page 1 of3
Attachment (3)
II. Capital Improvement Programs
The Committee was shown the old vs. revised CIP (copies of the PowerPoint
were provided which included the detailed changes in the CIP project list and
well as the specific changes to the SDC amounts). Essentially, there were two
project cost revisions for the transmission line to the plant ($ 1.083 to $ 1.130
million) and for the main feeder line ($ 1.484 to $ 1.530). New sewer projects
included the thermal improvements ( $1.0 million with 12.5 % SDC eligible);
Line replacements and improvements ( $ 1.35 million with 20% SDC eligible);
engineering and construction cost contingencies ($ 4.535 million with 20% and
25% SDC eligible respectively). On the water side there are line replacement,
upsizing and distribution improvements ($ 1.45 million with 25% SDC eligible);
engineering and construction cost contingencies ($ 8.204 million with 20% and
25% SDC eligible respectively).
Larry Medinger brought up for the record that he feels the allocations for the two
main water line projects were not directly related to actual future growth, but
were based purely on a straight math calculation. Paula accepted his comment
and said that this was done well before her time at the City and likely argued in
the past - so the City, at this point, would continue with the percentage
allocations. Larry further commented that the developer pays to install all the
new lines within a subdivision which also helps to keep the sewer SDCs low.
Paula then presented her proposed changes to the SDC project list. Three main
changes were highlighted:
1. The water line project (Transmission Line from Reeder to the Plant)
is complete and will be removed from the SDC calculation. The
second of the two water line projects (Main Feeder Line) had been
bid and actual costs will be included in the project costs.
2. Paula pointed out that for both water and wastewater the CIPs given
to Shaun at the beginning of the project were for only the first 10
years of the SDC program. She added in two lines for future (years
10 - 20) to ensure the City plans for future line replacement and
upsizing that are in the discussed in the master plans.
3. In addition, neither the water or sewer calculations had any costs
included for contingencies related to engineering, construction or
construction management. Lately, the construction costs have been
as much as 30-40% higher than expected due to material costs
increasing (9/11, Hurricane Katrina, etc).
. The Committee was receptive to these proposed changes and the resulting
increases to the SDCs. All agreed that the contingencies should be better
tracked so that the project costs are more realistic. Given the annual review
that the Committee requires, this will be easier to track.
G:\pub-wrks\admin\PB SDC\SDC Committee 7-17-06(Shaun).doc
Page 2 of 3
. Larry asked that the "best engineering guesses" be tracked against actual
growth allocations. Paula suggested there might be a way to use the water
model to check some of these growth estimates and will try to have some
data at the meeting a year from now.
. There was a question regarding credits for small businesses. Is there a way
to have a "bank" so that if a business fails, they could get credit back on the
SDCs? This need is very apparent in the transportation SDCs, but applies to
all. Staff was not sure how to tackle this one. Shaun said you could issue
credits based on the structural changes that reduce (or increase) the
development's demand on water or sewer service. While this has been done
in some communities its application has been very limited and on a case by
case basis. Ashland's current ordinance language has this flexibility built into
it. Staff will look at options when we bring the transportation SDCs to the
Committee next.
. The group discussed the next set of SDCs and timing. The next SDC due is
Transportation and staff will be able to bring these to the Committee at the
end of the calendar year (project review and proposed changes).
Transportation will bring up the TTPC and potentially the downtown Plan...
and staff felt we should move forward with the proposed changes in the
SDCs and not wait for both plans to catch up. We can always bring the
methodology back to the table if there are substantial changes with adoption
of the new plans.
. Staff discussed the Transportation Financing Task Force that will likely be
formed and asked if there was any interest from the SDC Committee
members. Larry expressed an interest.
III. Next Steps
The required notification to interested persons on the City's list will be mailed 90
days in advance of the Ashland City Council's public hearing with general
notification and the SDC methodology available 60 days in advance of the
scheduled public hearing. The public hearing date is now scheduled for October
17, 2006.
G:\pub-wrks\admin\PB SDC\SDC Committee 7-17 -06(Shaun).doc
Page 3 of 3
CITY OF
ASHLAND
News Release
FOR RELEASE ON AUGUST 10, 2006, PLEASE
DATE:
JULY 20, 2006
CONTACT: LEE TUNEBERG, ADMINISTRATIVE SERVICES MANAGER! FINANCE DIRECTOR
NOTICE OF PROPOSED MODIFICATION
TO THE METHODOLOGY FOR CALCULATING
SYSTEMS DEVELOPMENT CHARGES FOR
WATER AND WASTEWATER ALLOCATIONS
Pursuant to ORS 223.304 (6) & (7) you are being notified of the City of Ashland's intent to change the
methodology for calculating system development charges for Water and Wastewater allocations. A
public hearing on the new methodology is scheduled before the Ashland City Council for October 17,
2006. The proposed methodology will be available for public review at 20 East Main Street, City Hall,
Finance Department no later than August 14, 2006. If you have any questions in regards to this matter
you may contact Lee Tuneberg, Administrative Services Manager/ Finance Director, 20 East Main
Street, Ashland OR 97520; 541/488-5300, or email attuneberl@ashland.or.us.
City of Ashland
20 East Main Street
Ashland, Oregon 97520
www.ashland.or.us
G:\pub-wrks\eng\dept-adminIENGINEERIPROJECT\2004\04-23 Press Release 7 06.doc
Tel: 541488-6002
Fax: 541-488-5311
TTY: 800-735-2900
r.,
Attachment (4)
4.20.040 Systems Development Charge Established
A. Unless otherwise exempted by the provisions of this Chapter or other local or state law, a systems development
charge is hereby imposed upon all development within the City; and all development outside the boundary of the city
that connects to or otherwise uses the sanitary sewer system, storm drainage system or water system of the City. The
City Administrator is authorized to make interpretations of this Section, subject to appeal to the City Council.
B. Systems development charges for each type of capital improvement may be created through application of the
methodologies described in Section 4.20.050 of this code. The amounts of each system development charge shall be
adopted initially by Council resolution following a public hearing. Changes in the amounts shall also be adopted by
resolution following a public hearing, except changes resulting solely from inflationary cost impacts. Inflationary cost
impacts shall be measured and calculated annually by the City Administrator and charged accordingly. Such
calculations will be based upon changes in the Engineering News Record Construction Index (ENR Index) for Seattle,
Washington.
4.20.050 Methodology
A. The methodology used to establish a reimbursement fee shall consider the cost of then-existing facilities, prior
contributions by then-existing users, the value of unused capacity, rate-making principles employed to finance publicly-
owned capital improvements, and other relevant factors. The methodology shall promote the objective that future
systems users shall contribute an equitable share of the cost of then-existing facilities.
B. The methodology used to establish the public improvement charge shall consider the cost of projected capital
improvements needed to increase the capacity of the systems to which the fee is related and shall provide for a credit
against the public improvement charge for the construction of any qualified public improvement.
C. The methodology shall also provide for a credit as authorized in Subsection 4.20.090.
D. Except when authorized in the methodology adopted under Subsection 4.20.050A, the fees required by this Code
which are assessed or collected as part of a local improvement district or a charge in lieu of a local improvement
district assessment, or the cost of complying with requirements or conditions imposed by a land use decision are
separate from and in addition to the systems development charge and shall not be used as a credit against such
charge.
E. The methodologies used to establish the systems development charge shall be adopted by resolution of the Council
following a public hearing. The specific systems development charge may be adopted and amended concurrent with
the establishment or revision of the systems development charge methodology. The City Administrator shall review the
methodologies established under this section every three (3) years, and shall recommend amendments, if and as
needed, to the Council for its action.
F. The formulas and calculations used to compute specific systems development charges are based upon averages
and typical conditions. Whenever the impact of individual developments present special or unique situations such that
the calculated fee is grossly disproportionate to the actual impact of the development, alternative fee calculations may
be approved or required by the City Administrator under administrative procedures prescribed by the City Council. All
data submitted to support alternate calculations under this provision shall be site specific. Major or unique
developments may require special analyses to determine alternatives to the standard methodology.
G. When an appeal is filed challenging the methodology adopted by the City Council, the City Administrator shall
prepare a written report and recornmendation within twenty (20) working days of receipt for presentation to the Council
at its next regular meeting. The council shall by resolution, approve, modify or reject the report and recommendation of
the City Administrator, or may adopt a revised methodology by resolution, if required. Any legal action contesting the
City Council's decision in the appeal shall be filed within sixty (60) days of the Council's decision.
Attachment (5)
G:\pub-wrks\admin\PB Council\SDC\Reprint AMC 4.20.040 and 050.doc
~.,
Council Communication
Release of Draft City Charter for Public Comment
CITY OF
ASHLAND
Meeting Date: October 17, 2006
Department: Administration
Contributing Departments: Lega~~
Approval: Martha Benne
Estimated Time: 30 minutes
Primary Staff Contact:
ann@ashland.or.us
Secondary Staff Contact: Mike Franell
franellm@ashland.or.us
Ann Seltzer ~
Statement:
At the city council meeting on October 3,2006 the council directed staff to proceed with the proposed
timeline to place the revised charter on the May 2007 ballot and to release the draft for public comment.
Staff Recommendation:
Release the draft charter in its current format for public comment.
Should time restrictions not allow for council to complete the review and discussion of the draft charter this
evening, staff recommends a special meeting to be held on Thursday October 26 from 5:00-6:30 in order to
complete this review. Completing the discussion on October 26 will retain the approved timeline.
Background:
A review of the city charter was a 2004-2005 council goal. A charter review committee was appointed
during the summer of 2004 and presented its final report to the Council on July 19,2005.
At the council meeting on December 1, 2005 the council agreed to move forward with a revised city charter
based on the Oregon Model Charter and to incorporate recommendations of the charter review committee
with the exception of the recommendations #1, #2 and #4. Council agreed that recommendation #1,
shifting from a city administrator to a city manager working in partnership with the Mayor, would be
drafted and presented to voters as a separate ballot measure.
In addition, council expressed interest in the committee's recommendation to study the issues of the city
recorder and municipal judge as well as councilor salaries.
The attached draft city charter is meant to be a springboard for public comment. It should not be viewed as
the final document for voter approval but rather as a draft document ready for public feedback.
Council Options:
. Release the draft charter for public comment.
. Release the draft charter for public comment with changes.
· Continue the charter discussion to a special meeting on Thursday, October 26 from
5:00 p.m.-6:30 p.m.
Attachments:
. Draft City Charter
. Draft City Manager amendment
. Time1ine
· Charter Review Committee final report without appendices. The final report with appendices is
more than 200 pages and was previously distributed to all councilors and is posted on the city's
website.
1
DRAFT NEW CITY CHARTER
October 12, 2006
CITY OF ASHLAND
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 2006 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 they 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
law.
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.
(Based on 2004 LOC Model Charter
Bold provisions are based on current Ashland Charter
Italic & bold provisions change with city manager
DRAFT NEW CITY CHARTER
D FILENAME \p H:\Recent\Admin\Council\10 17 06 final Draft New City Charter for council.docD Page - I
Chapter III
COUNCIL
Section 7. Council. The council consists of Jl~ ~~\!.~c!l~t:s~ I!(~l~ip.!lte~ _ll!1~ _ eJ~cJ~<! [r~!ll_1Jl~ _ _ _ - -{ Deleted: a mayor and
city at large by position.
Section 8. Mavor.
(a) The mayor presides over and facilitates council meetings, preserves order, enforces
council rules, and determines the order of business under council rules.
(b) The mayor has no vote on council matters unless there is a tie vote. The mayor
has veto authority over council legislative and administrative decisions.
(c) With the consent of council, the mayor appoints members of commissions and
committees established by ordinance or resolution.
(d) The mayor must sign all records of council decisions.
(e) The mayor serves as the political head and chief executive officer of the city
government.
(j) The mayor must:
(1) Appoint, supervise and remove city department heads with the consent of the
councilors;
(2) Deliver an annual state of the city report to the council and public;
(3) Encourage and support regional and intergovernmental cooperation;
(4) Promote cooperation among the council, staff and citizens; and
(5) Perform other duties as assigned by the council.
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 perform duties.
Section 10. Rules. The council must adopt by ordinance or resolution 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. Quorum. The mayor and three councilors or four councilors is a quorum
to conduct business, but a smaller number may meet and compel attendance of absent
members as prescribed by council rules.
Section 13. Vote 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
greater number. A maiority shall in all cases consist of a minimum of three votes.
{Based on 2004 LOC Model Charter
Bold provisions are based on current Ashland Charter
italIc & bold provisions change with city manager
DRAFT NEW CITY CHARTER
D FILENAME \p H:\Recent\Admin\Council\10 17 06 final Draft New City Charter for council.docD Page - 2
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:"
Section 16. Ordinance Adoption.
(a) Except as authorized by subsection (b), adoption of an ordinance requires approval by
a majority of a quorum at two meetings.
(b) The council may adopt an ordinance at a single meeting by the unanimous approval of
the councilors present, 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 in the
Council meeting 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 recorder of records must endorse it with the date
of adoption and the recorder's name and title. The recorder must submit the ordinance
to the mayor for approval. If the mayor approves the ordinance, the mayor must
sign and date it.
(t) If the mayor vetoes the ordinance, the mayor must return it to the recorder with
written reasons for his veto within five business days of .DaSSa2e of Jl1tl ~!"~~_a!l!=tl._ If _ _ _ - -{ Deleted: receipt
the ordinance is not so returned, it takes effect as if approved.
(g) At the first council meeting after veto by the mayor, the councilors will consider
the reasons of the mayor and again vote on the ordinance. If four councilors vote to
adopt the ordinance, it will take effect.
Section 17. Effective Date of Ordinances. Ordinances normally take effect on the 30th
day after adoption and approval by the mayor, or adoption after veto by the mayor,
or on a later day provided in the ordinance. An ordinance adopted may take effect as soon
as adopted, or other date less than 30 days after adoption if it contains an emergency
clause.
Chapter V
COUNCIL ADMINISTRATIVE AUTHORITY
Section 18. Resolutions. The council will normally exercise its administrative authority
by approving resolutions. The approving clause for resolutions .l!1!1~t ~tllte _ "1)1e_ 9~ty _oL _ _ - -{ Deleted: may
Ashland resolves as follows:"
(Based on 2004 LOC Model Charter
Bold provisions are based on current Ashland Charter
nalic & bold provisions change with city manager
DRAFT NEW CITY CHARTER
D FILENAME \p H:\Recent\Admin\Council\10 17 06 final Draft New City Charter for council.docD Page - 3
Section 19. Resolution Approval.
(a) Adoption 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 in the Council meeting
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 administrative decision, the vote of each
member must be entered into the council minutes.
(d) After approval of a resolution, the recorder must endorse it with the date of approval
and the recorder's name and title. The recorder must submit the resolution to the
mayor for approval. If the mayor approves the resolution, the mayor must sign and
date it.
(e) If the mayor vetoes the resolution, the mayor must return it to the recorder with
written reasons for the veto within five business days of .DaSSa2e of J!t~ !~~0!~~~1!._ If _ _ _ - { Deleted: receipt
the resolution is not returned, it takes effect as if approved.
(t) At the first council meeting after veto by the mayor, the councilors will consider
the reasons of the mayor and again vote on the resolution. If four councilors vote to
adopt the resolution, it will take effect.
Section 20. Effective Date of Resolutions. Resolutions and other administrative decisions
take effect on the date signed by the mayor, or on a later day provided in the resolution.
Chapter VI
QUASI-JUDICIAL AUTHORITY
Section 21. Orders. The council will normally 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 meeting.
(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 recorder must endorse it with the date of approval and
the recorder's name and title.
Section 23. Effective 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 or by ordinance.
(Based on 2004 LOC Model Charter
Bold provisions are based on current Ashland Charter
italic & bold provisions change with city manager
DRAFT NEW CITY CHARTER
D FILENAME \p H:\Recent\Admin\Council\1 0 17 06 final Draft New City Charter for council.docD Page - 4
Chapter VII
ELECTIONS
Section 24. Councilors. At each general election after the adoption of this charter, three
councilors will be elected for four-year terms by position. The terms of councilors in
office when this charter is adopted are the terms for which they were elected.
Section 25. Mavor. At the general election held November 2008, and every other general
election thereafter, a mayor will be elected for a four-year term. The term of the mayor in
office when this charter is adopted is the term for which the mayor was elected.
Section 26. State Law. City elections must conform to state law except as this charter or
ordinances provide otherwise. All elections for city offices must be nonpartisan.
Section 27. Oualifications.
(a) To hold a city elective position, each person must be a qualified elector under state
law, and reside within the city before election or appointment to office. The Municipal
Judge shall not be required to be a resident of the City of Ashland.
(b) No person may be a candidate at a single election for more than one city office.
(c) Neither the mayor nor a councilor may be employed by the city.
(d) The council is the fmal judge of the election and qualifications of its members.
Section 28. Nominations.
(a) An eligible elector may become a candidate for an elective city position by riling
a nomination petition or a declaration of candidacy on a form prescribed by the
secretary of state and available from the city recorder.
(b) A declaration of candidacy must be accompanied by the riling fee, if any,
established by council resolution.
(c) A nomination petition must contain signatures of not fewer than 25 city-qualified
electors.
(d) The council may prescribe by ordinance other procedures for the nomination and
election of persons for city elective positions.
Section 29. Terms. The term of an officer elected at a general election begins when the
officer is sworn in after the first of the next year immediately after the election, and
continues until the successor qualifies and assumes the office.
Section 30. Oath. To hold a city elective position each person must swear or affirm to
faithfully perform the duties of the office and support the constitutions and laws of the
United States and Oregon.
Section 31. Vacancies: A city elective position becomes vacant:
(a) Upon the incumbent's:
(I) Death,
(Based on 2004 LOC Model Charter
Bold provisions are based on current Ashland Charter
Italic & bold provisions change with city manager
DRAFT NEW CITY CHARTER
D FILENAME \p H:\Recent\Admin\Council\10 17 06 final Draft New City Charter for council.docD Page - 5
(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 without council consent,
(3) Ceasing to reside in the city,
(4) Ceasing to be a qualified elector under state law,
(5) Disorderly conduct or .refusal to perform d1!t!e_s _ ~(oJ!i~~. _ ~ ~ !1!~1!~~~I!( J!1.!lY _ _ _ - -{ Deleted: inattention
be expelled without notice, a hearin~ and a decision by at least four councilors,
or
(6) Resignation from the office.
Section 32. Filling Vacancies. A vacant city elective position will be filled by
appointment by a majority of the remaining councilors. .;The ap~ointee's term of office
shall begin immediatelv upon appointment and shall continue until a successor. elected at
the next biennial election. takes office for the unexpired term. If a ~ _ l~o~!ls:U~r will be
absent from office for more than 60 davs with Council consen~ the council may appoint a - - -
councilor pro tern. -- -- -- -- -- - -- - - - - -
Deleted: The appointee's term of office
runs from appointment until expiration of
the term of office of the last person
elected to that office.
Deleted: disability prevents
Deleted: from attending council
meetings
Chapter VIII
OTHER ELECTIVE OFFICERS
Section 33. City Recorder.
(a) The office of city recorder is established as the council clerk, city custodian of
records and city elections official. The recorder must attend all council meetings
unless excused by the mayor or council. The recorder must make payments of all
city funds appropriated by the council, and may audit city accounting records.
(b) At the general election November 2010 and every other general election after
that, a recorder will be elected for a four-year term. The term of the recorder in
office when this charter is adopted is the term for which the recorder was elected.
(c) When the recorder is temporarily disabled from acting as recorder or when the
office becomes vacant, the council must appoint a recorder pro tem. The recorder
pro tem has the authority and duties of recorder.
Section 34. Municipal Court and Judge.
(a) The office of municipal judge is established. The municipal judge will hold court in
the city at such place as the council directs. The court will be known as the Municipal
Court. The municipal judge must be admitted to practice in the Supreme Court of
Oregon.
(b) At the general election in November 2010 and every other general election after
that, a municipal judge will be elected for a four-year term. The term of the
(Based on 2004 LOC Model Charter
Bold provisions are based on current Ashland Charter
ffallc & bold provisions change with city manager
DRAFT NEW CITY CHARTER
o FILENAME \p H:\Recent\Admin\Council\10 17 06 final Draft New City Charter for council.docD Page - 6
municipal judge in office when this charter is adopted is the term for which the
judge was elected.
(c) 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 ordinance. 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:
(I) 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;
(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.
(t) Any defendant requestins! iury trial may have a iury of six (6) members by
demandinS! the same. Any iury chosen shall be S!ovemed by the laws of the State of
Ore2on relatins! to iuries in the District Court. and shall have the qualifications of
such iurors resident within the corporate limits of said City.
(g) The council may appoint and may remove municipal judges pro tem.
(h) The council may transfer some or all of the functions of the municipal court to an
appropriate state court.
Chapter IX
APPOINTIVE OFFICERS
Section 35. Citv Administrator. The office of citv administrator is established as the
chief administrative offICer for the citv 1!overnment under the mavor. The mavor with
the consent of the citv councilors must aoooint and mav remove the citv administrator.
The duties of citv administrator shaH be established bv ordinance.. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Section 36. City Attornev. The office of city attorney is established as the chief legal
officer of the city government. The mayor with the consent of the city councilors must
appoint and may remove the attorney. The attorney must appoint and supervise, and may
remove any legal office employees.
Chapter X
PERSONNEL
{Based on 2004 LOC Model Charter
Bold provisions are based on current Ashland Charter
italic & bold provisions change with city manager
DRAFT NEW CITY CHARTER
o FILENAME \p H:\Recent\Admin\Council\10 17 06 final Draft New City Charter for council.docD Page - 7
- Formatted: Font: Bold, Italic, No
underline
Section 37. Coml'ensation. The council must authorize the compensation of city officers
and employees, the City Recorder and the Mnnicipal Judge as part of its approval of
the annual city budget. The council may authorize by ordinance compensation for the
mayor and councilors. Any such ordinance may not take effect before January 1 of
the year after a council election.
Section 38. Merit 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 Xl
PUBLIC IMPROVEMENTS
Section 39 Procedure. The council may provide by ordinance for procedures governing
the making, altering, vacating, or abandoning of a public improvement. A proposed
public improvement may 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 40. 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 XII
MISCELLANEOUS PROVISIONS
Section 43. Protection of City Water. Anv and all water and water works and
water ri2hts now owned or which may hereafter be acquired bv said City. for the
purpose of supplvin2 the inhabitants thereof with water shall never be rented. sold
or otherwise disposed of: nor shall the City ever 2rant any franchise to any person
or corporation for the purpose of supplvin2 the inhabitants of said City with water.
Section 44. Separate Fire and Police Departments. The City of Ashland shall
maintain a f"Ire department which is separate and distinct from the City police
department. The employees of one department shall not be assi2ned to do the iob
functions of employees in the other department. (Charter amendment 1-4-86).
Section 45. Hospital The council has authority to own, operate and conduct a
municipal hospital.
Section 46. Cemeteries The council has authority to f"mance the maintenance and
upkeep of public and private cemeteries within the city.
(Based on 2004 LOC Model Charter
Bold provisions are based on current Ashland Charter
italic & bold provisions change with city manager
DRAFT NEW CITY CHARTER
D FILENAME \p H:\Recent\Admin\Council\10 17 06 final Draft New City Charter for council.docD Page - 8
Section 47. Park & Recreation Commission
(a) A park & recreation commission is created with five members nominated and
elected from the city at large by position. At the first general election after the
adoption of this charter and every four years thereafter, three commissioners will be
elected for four-year terms by position. At the second general election after adoption
of this charter and every four years thereafter, two commissioners will be elected for
four-year terms by position. The terms of commissioners in office when this charter
is adopted are the terms for which they were elected.
(b) The park & recreation commission has authority over the management of all
city lands dedicated for park purposes and all other lands acquired by the city for
such purposes. The commission has control and management of all park funds._ _ _ -
bud!!eted bv the City and must expend them judiciously for beautifying and
improving City parks and for fundin!! the City Band.. ;J;:I!~ p_ar!<. _ ~_ !"~~r~!l!i~~ _ _ _ -
commission will carry out its functions and duties in accordance with city -
ordinances.
(c) The commission administers the city open space park program. The commission
makes recommendations to the city council concerning land and easement
acquisitions for the program. After such acquisition, the commission will
administer, develop and operate such land. The city council may not use
condemnation power to acquire fee simple ownership of any land for open space
purposes. Funds dedicated to the open space program may only be used for open
space purposes as determined jointly by the commission and the city council.
Section 48. Airport The council has authority to acquire, own, conduct and operate
a municipal airport either within or outside city boundaries.
Section 49. City Band The City shall provide for the continued operation of a City
Band.
Section 50. Ethics The council shall by ordinance establish provisions relating to the
standards for ethical conduct of the City's elected officials, appointed officials and
employees.
Section 51. Charter Review At least every 10 years beginning in 2015 the council
will app~int a charter review committee of not less than nine members. The
committee will review the city charter and any issues relating thereto. It will report
to the council and the public its rmdings, conclusions and recommendations,
including any proposed amendments to the city charter.
Section 52. Debt. City indebtedness may not exceed debt limits imposed by state law. A
charter amendment is not required to authorize city indebtedness.
Section 53. Ordinance Continuation. All ordinances consistent with this charter in force
when it takes effect remain in effect until amended or repealed.
(Based on 2004 LOC Model Charter
Bold provisions are based on current Ashland Charter
italic & bold provisions change with city manager
DRAFT NEW CITY CHARTER
D FILENAME \p H:\Recent\Admin\Council\10 17 06 final Draft New City Charter for council.docD Page - 9
Deleted: ,whether from taxation,
donation or otherwise,
Deleted: .
Deleted: The city has a city band and
the commission has authority to
finance its operations.
Section 54. Repeal. All charter provisions adopted before this charter takes effect are
repealed.
Section 55. 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 56. Time of Effect. This charter takes effect Julv 1. 2007.
(Based on 2004 LOC Model Charter
Bold provisions are based on current Ashland Charter
Italic & bold provisions change with city manager
DRAFT NEW CITY CHARTER
D FILENAME \p H:\Recent\Admin\Council\10 17 06 final Draft New City Charter for council.docD Page - 10
DRAFT NEW CHARTER CITY MANAGER
Thomas Sponsler
February 9, 2006
CITY OF ASHLAND
CITY CHARTER
CITY MANAGER AMENDMENT
The 2006 Ashland City Charter is amended by changing sections 8 and 31, and adding a
new section 35 to read as follows:
Section 8. Mayor.
(a) The mayor presides over and facilitates council meetings, preserves order, enforces
council rules, and determines the order of business under council rules.
(b) The mayor has no vote on council matters unless there is a tie vote. The mayor has
veto authority over council legislative and administrative decisions.
(c) With the consent of council, the mayor appoints members of commissions and
committees established by ordinance or resolution.
(d) The mayor must sign all records of council decisions.
(e) The mayor serves as the political head [and chief executive officer) of the city
government
[(f) The mayor must:
(1) Appoint, supervise and remove city department heads with the consent of the
councilors;
(2) Deliver an annual state of the city report to the council and public;
(3) Present a proposed annual city budget to the city budget committee and council;
(4) Encourage and support regional and intergovernmental cooperation;
(5) Promote cooperation among the council, staff and citizens; and
(6) Perform other duties as assigned by the council.]
Section 31. Vacancies: A city elective position becomes vacant:
(a) Upon the incumbent's:
(I) Death,
(2) Adjudicated incompetence, or
(3) Recall from the office.
(b) Upon declaration by the council after the incumbent's:
(I) Failure to qualify for the office within 10 days of the time the term of office is to
begin,
Based on 2004 LOC Model Charter
Bold words are added to the Draft Ashland Charter
[Bracketed and italics words are deletedfrom the Draft Ashland Charter)
I
DRAFT NEW CHARTER CITY MANAGER
Thomas Sponsler
February 9, 2006
(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 under state law,
(5) Disorderly conduct or inattention to duties of office. No incumbent may be
expelled without notice, a hearing and a decision by at least four councilors,
(6) Resignation from the office, or
(7) Removal under Section 35(i).
Section 35. Citv Manae:er.
(a) The office of city manager is established as the chief administrative officer 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
based on education and experience with local government management.
(c) 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.
(d) The manager must:
(1) Attend all council meetings unless excused by the mayor or council;
(2) Make reports and recommendations to the mayor 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 manager has no authority over the mayor or councilor over the judicial
functions of the municipal judge.
Based on 2004 LOC Model Charter
Bold words are added to the Draft Ashland Charter
[Bracketed and italics words are deletedfrom the Draft Ashland Charter)
2
DRAFT NEW CHARTER CITY MANAGER
Thomas Sponsler
February 9, 2006
(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 becomes vacant, the council must appoint a manager pro tern. The manager
pro tern has the authority and duties of manager, except that a pro tern manager
may appoint or remove employees only with council approval.
(i) Neither the mayor nor a councilor may attempt directly or indirectly coerce the
manager or a candidate for the office of manager in the appointment or removal of
any city employee, or in administrative decisions. Violation of this prohibition is
grounds for removal from office by four councilors after a public hearing. In
council meetings, the mayor and councilors may discuss or suggest any topic with
the manager relating to city business.
Based on 2004 LOC Model Charter
Bold words are added to the Draft Ashland Charter
[Bracketed and italics words are deletedfrom the Draft Ashland Charter]
3
Proposed Timeline for May 2007 General Election
Charter Review/Update
October 17
Council reviews draft charter.
November 2
Council holds public hearing or public forum.
December 5
Council reviews draft based on public input.
January 16
Council reviews final draft of proposed measures.
February 6
Council approves final draft of proposed measures.
March 15
All materials due to Jackson County: Ballot Titles, Statement etc.
May 15
General Election
ASHLAND CHARTER REVIEW COMMITTEE
Final Report & Recommendations
July 1,2005
Introduction and Backeround:
The Ashland City council initiated a charter review process in May 2004 with the
authorization of a 10-member ad hoc citizen Charter Review Committee. The newly
constituted committee was directed to conduct an independent assessment of the existing
charter (last reviewed in 1978) and, if necessary, to draft a new or amended document
suitable to "serve the community well into the future." Appointed by Mayor Alan
DeBoer, the committee began work in July 2004. Our ranks included co-chairs John
Enders and Carole Wheeldon, and members Hal Cloer, Kate Culbertson, Laurie
MacGraw, Pam Marsh, Don Montgomery, Keith Massie, and Michael Riedeman.]
The committee quickly realized that the task at hand would require more than a cursory
review, and we agreed to undertake a systematic and comprehensive analysis of the
charter. After a year of study, we are now forwarding our findings to the City council. In
order to be enacted, charter revisions will need to be placed on the ballot by the council
and approved by voters in a citywide election.
Our work was ably staffed by Ann Seltzer, who fielded a tremendous number of requests
from committee members and interested residents. City Attorney Mike Franell and
Assistant Attorney Mike Reeder provided legal guidance, and Nancy Slocum and April
Lucas provided us with minutes. In addition, the city engaged the services of Tom
Sponsler, a consultant with expertise in charter reviews and revisions and the author of
the Oregon Model Charter, who was contracted to assist the committee.
This report summarizes our recommendations and work schedule over the past year.
(See Appendix J: Council Approved Documents Establishing the Charter Review
Committee)
Public Input Process
From the beginning the committee understood that public involvement and testimony
were critical to our mission, and we attempted to include the community beyond the
requirements of the law. Throughout our deliberations the committee adhered to the
Oregon Public Meetings laws, and, whenever possible, meetings were broadcast live on
] Unfortunately, our tenth member, Roy Bashaw, resigned in December 2004.
RVTV (later available as streaming video on the city's website). We scheduled a public
input session into each meeting agenda, and we planned a series of public forums and
other outreach efforts to solicit comment. These efforts included:
./ Committee interviews with current and former elected and appointed officials.
./ Presentations to the Lions Club, Rotary, Chamber of Commerce, Green Party, and
League of Women Voters.
./ Creation of an information brochure for distribution at public events
./ Articles in City Source.
./ Development of an employee survey designed to solicit input from city staff
./ Solicitation of extensive coverage in the Daily Tidings and, to a lesser extent, the
Medford Mail Tribune.
./ Submission of letters to the editor and op-ed articles explaining the charter
process.
./ Development of research documents (white papers and, later, topic papers) that
investigated specific issues.
./ Utilization of the city of Ashland web site. All committee documents have been
posted on the web in order to maximize public access and encourage input.
./ Use of a Charter listserv to disseminate information and discussion.
./ Appearances on R VTV. In addition to the regular broadcast of our meetings,
committee members participated in two interview shows focused on charter
reVIew.
./ Establishment of a public outreach subcommittee to plan and coordinate efforts.
Public forums included:
./ A January 20th meeting at the SOU Rogue River Room attended by approximately
75 community members. This meeting was structured with small breakout groups
in order to provide and overview of charter review and to gather initial public
comment.
./ An April ih meeting, also at SOU, focused on structure of government attended
by approximately 30 people. Roundtable discussions invited residents to discuss
the qualities/elements that enable government to provide good public service.
./ Issue forums. In addition, we scheduled a public input session on each specific
issue prior to committee debate.
Despite our best efforts, the committee was disappointed with the overall level of citizen
participation. We realize, however, that the City council has an opportunity to generate
significant public input during your review of our recommendations. A later section of
this report ("Next Steps) suggests possible courses of action.
(See Appendix II: Public Information Materials)
2
Structure of Recommendations
Preliminary study and expert testimony enabled the committee to sort potential charter
revisions into three areas of concern: 1) outdated charter language usurped by state law;
2) charter provisions that could be better legislated in the form of city ordinances; and, 3)
structural and political provi~ions that seemed to warrant evaluation. Analyses produced
by former city attorney Paul Nolte and by committee consultant Tom Sponsler
highlighted significant sections of the charter containing outdated or extraneous
language.
After extensive discussion, the committee decided to adopt the Oregon Model Charter
(developed by the League of Cities) as a template for the revised Ashland city charter.
Our intent was to produce a document that clearly identifies the authority and
accountability oflocal government and that reflects current state law. At the same time,
the new streamlined charter would need to reflect the specific history and character that
defines the Ashland community. Eliminating outdated language was easy; tackling
sensitive political questions posed a much bigger challenge.
As a result, the committee agreed to spend most of our time focused on a few key issues
critical to the conduct of local government:
../ The mayor-manager/administrator relationship
../ Mayoral veto/ability to vote on council issues
../ Appointment of city commissions/committees
../ Election of city council by positions
../ Election of the city recorder
../ Election of the municipal judge
../ Election/powers of the Parks Commission and related issues re: the organization
of the Parks Department
../ City Band
Later in our discussions we identified two additional issues that seemed to warrant
investigation: 1) council salaries; and, 2) periodic charter review.
Kev Recommendations
1. The City of Ashland should be governed by a partnership between the
elected mayor (the political leader), a city manager (the administrative
leader), and the council (the legislative body). Elected officials are charged
with responsibility for developing policy; the city manager should implement
that policy. The manager's administrative powers should be expanded to
include staff supervision (hiring, firing, and general accountability).
Background: Article 4, Section 2 of the existing charter stipulates that the elected
mayor is the "executive officer of the municipal corporation." Article 13 further
delineates the mayor's powers, noting that s/he may "suspend and remove any appointive
3
officer at any time." In effect, the charter empowers the mayor to assume a range of
administrative powers; in theory, the city administrator is responsible for implementing
policy, but his/her managerial authority can be overshadowed by the mayor's broadly
defined powers.
Discussion: Proponents of the existing language argue: 1) that the mayor's position as an
elected official should empower him/her to serve as a hands-on administrator; and, 2) that
designation of a city manager could concentrate too much power in the hands of an
appointed official. Conversely, critics of the current system believe: 1) that the size and
complexity of city issues require professional management; and, 2) that policy is best
created and implemented via a respectful partnership forged between elected and
appointed officials.
Outcome: Understanding and analyzing the appropriate roles and responsibilities that
should be assumed by elected and appointive officials consumed months of the
committee's efforts and generated significant interest from elected and appointed officials
(current and retired) and from members of the public. In the end, the committee
approved this recommendation via unanimous vote.
In a subsequent motion (approved 7-1), the committee agreed that the council and mayor
together should be responsible for hiring and firing the manager.
Finally, the committee augmented the recommendation by unanimously voting to adopt
language in the model charter that clarifies that the council should "determine the rules
governing recruitment, selection, promotion, transfer, demotion, suspension, layoff, and
dismissal of city employees" that will guide personnel decisions.
Specific duties delegated to the mayor and city manager are detailed in the appendix.
(See Appendix 111: Structure of Government)
2. The Ashland mayor should vote on all issues before the council; at the same
time, the mayor's veto power should be eliminated.
Background: Article 4, Section 3 of the existing charter stipulates that the mayor of the
city is allowed to vote on issues before the council only in the case of a tie. At the same
time, the mayor is required to approve or veto all measures within five days of passage.
The council is allowed to overturn a mayor's veto via a two-thirds (4 of6) vote.
Discussion: Proponents of the existing framework argue: 1) that the mayor's non-voting
status better equips him/her to facilitate meetings and provide political leadership; 2) that
the mayor's veto power is an appropriate tool used to force the council to re-evaluate
hasty or ill-considered decisions. and, 3) that veto power conveys more political leverage
than the ability to vote.
4
Conversely, critics state: 1) the mayor's non-voting status clouds the public's
understanding ofhislher position on the issues; 2) application of the veto produces
contention instead of consensus; and, 3) that the mayor's ability to cast a vote is a
stronger investment of political power than is contained in the occasional veto.
Outcome: The recommendation was endorsed by the committee on a 6-3 vote. A
subsequent motion that the veto be retained in addition to the mayor's new voting power
failed, 7-2.
If approved, the mayoral vote will eliminate an anomaly in the existing charter. Under
current conditions, the council is allowed to meet if three members plus the mayor are
present. In this circumstance, as few as two council members can constitute a majority.
If the mayor becomes a voting member, at least three votes will be required to approve
any measure.
(See Appendix Ill: Structure of Government)
3. The mayor should continue to appoint members of city commissions and
committees, subject to council approval.
Background: Under current practice, the mayor is responsible for appointing members
of city commissions and committee members, subject to council approval.
Discussion: Proponents of the status quo argue that the mayor's appointment powers
allow himlher to appropriately set the political tone and direction of the city. Conversely,
critics claim that this structure concentrates too much power in the hands of mayor; they
argue that the council should be allowed to nominate and approve candidates for
appointment.
Outcome: The committee voted 8-1 in favor of the recommendation, effectively
retaining the status quo. A second motion that would have specifically allowed Planning
Commission members to be proposed and appointed by the mayor and council failed, 7-
1.
(See Appendix Ill: Structure of Government)
4. The current position system for selecting council members should be
eliminated in favor of citywide, at-large elections in which the top three vote
getters win the council seats at issue.
Background: Article 8, Section 2 of the city charter delineates the existing system that
governs selection of city council members. Existing language requires council members
to be elected by position number (one through six); each candidate is required to
5
designate the number of the council seat to which he or she aspires. A candidate may run
for one position in any given election.
Discussion: Proponents of the status quo argue: 1) that the existing system produces
richer debate and greater clarification of issues; 2) that the position system lends stability
to local government by protecting incumbents from political movements that might be
orchestrated to sweep sitting councilors from office; and, 3) that the position system may
allow less-well known candidates to achieve office. Conversely, critics believe: 1) that
the position system can be used to target specific minority candidates; 2) that it
unnecessarily complicates the voting process and stymies a citizen's ability to support the
candidates ofhislher choice; and, 3) that it can allow unchallenged incumbents to avoid
scrutiny.
Outcome: This was among the committee's more contentious recommendations,
approved in a 5-4 vote. Related issues that the committee discussed and dismissed for
lack of interest included changing the number of council members, imposing term limits,
and adopting a ward system for council election.
The committee also discussed the possible adoption of charter language that would
permit or enact an instant voter runoff system in city elections. In the end, the committee
decided not to recommend IRV, citing concerns regarding cost, legality, and insufficient
research. However, the committee did agree to forward to the council excellent
background material prepared on the subject by IRV advocate Pam Vavra and to note the
substantial public input we received endorsing IRV.
(See Appendix IV: Council Election Materials)
5. The city recorder should continue to be elected by the voters. However,
charter language that dictates compensation should be removed;
responsibility for salary issues would be assigned to the Citizens' Budget
Committee.
In addition, the city council should appoint a task force or committee to
study the issues of the city recorder [and municipal judge] in additional
depth.
Background: Article 3 of the current charter describes the recorder as an elected city
officer; section 3 pegs compensation to the 1974-75 level with specified annual
adjustments.
Discussion: Proponents of the status quo argue that election by the voters ensures that
the recorder will remain independent and available to city residents; they note that the
recorder is the only fulltime city official elected by the citizens. Conversely, critics point
out I) that most city recorders are now appointed and supervised by councils and
managers; and, 2) that election may not guarantee that the winning candidate has the
6
requisite skills to fulfill the duties of the office. Proponents of the task force argued that
the council should investigate whether the recorder should retain treasurer's duties now
delegated to that office.
Speakers on both sides of the election issue questioned the inclusion of compensation
language in the charter, citing the committee's efforts to remove all specific funding
notations from the document.
Outcome: The committee endorsed the first recommendation unanimously; the task
force endorsement was approved on a 5-4 vote.
(See Appendix V: Election of the City Recorder)
6. The municipal judge should continue to be elected by the voters. However,
charter language that dictates compensation should be removed;
responsibility for salary issues would be assigned to the Citizens' Budget
Committee.
In addition, the city council should appoint a task force or committee to
study the issues of the [city recorder] and municipal judge in additional
depth.
Background: Article 3 of the current charter describes the municipal judge as an elected
city officer; section 3 pegs compensation to the 1974-75 level with specified annual
adjustments.
Discussion: Proponents of the status quo argue that the election process allows voters to
choose a municipal judge who will understand and incorporate local values in his/her
approach to the judiciary. Conversely, critics question whether the current system is cost
effective. Proponents of the task force suggested that the council investigate the level of
judicial salary, imposition of a residency requirement, and the general powers and duties
of the judge.
As with the recorder, speakers on both sides of the election issue questioned the inclusion
of compensation language in the charter, citing the committee's efforts to remove all
specific funding notations from the document.
Outcome: The committee endorsed the first recommendation unanimously; the task
force endorsement was approved on a 5-4 vote.
(See Appendix VI: Election of the Municipal Judge)
7
7. Members of the Parks and Recreation Commission should continue to be
elected by city voters, and the Parks Department should continue to be
administered as an autonomous entity independent of the rest of city
government. However, existing charter language should be streamlined to
combine the Parks Commission and the Recreation Commission. Finally,
charter language that dictates the department's formula should be removed
fr~m the charter; the Parks and Recreation budget should be determined via
the annual city budget process.
Background: Article 19 of the existing charter (part ofthe original 1908 document)
establishes the Parks Commission as an elected body of five residents invested with the
control and management of city parkland and accompanying funding. Section 3 grants
the commission independent taxing authority (not to exceed four and one half mills on
the dollar) necessary to support the parks program. Finally, Article 22 specifies that the
Park Commissioners also serve as members ofthe Recreation Commission.
Over the years, the Park Commission's independent funding stream and elected status
enabled the establishment of an independent Parks and Recreation department within city
government. The Parks Commission hires and fires the department manager, establishes
internal policy and procedures, and reviews the annual budget.
Ballot Measure 50 (1997) effectively eliminated the department's fiscal independence;
Parks and Recreation funding is now established through the Citizens' Budget Committee
process. However, the Department continues to be administered as an independent arm
of city government.
Discussion: Proponents of the existing system argue: 1) that election by the voters
provides powerful leverage and independence for the Commission; 2) that the
department's autonomy has enabled it to creatively develop and maintain the expansive
system of city parks; and, 3) that the city's park system is intrinsic to the aesthetic and
character of Ashland, and warrants special charter protections.
In turn, critics believe: 1) that the Parks Department is most appropriately administered
under the auspices of the city administrator/manager, which would be consistent with the
committee's recommendations to place all administrative functions under the city
manager; 2) that the autonomy of the department creates inequities among city
employees; 3) that the elected Commission usurps decision making powers that rightfully
belong to the council; 4) that appointment, rather than election, might attract better
qualified candidates for the commission; and, 5) that the existence of an elected
commission no longer provides fiscal protections for the department, given the passage of
Measure 50.
Outcome: The recommendation was approved by a vote of 8-1.
Our decision to remove moribund funding language from the charter was consistent with
our overall attempts to keep the charter free of budget figures. However, the committee
8
acknowledges that Parks funding is integral to its success; we recommend that the
council consider implementing an ordinance that would formalize Parks funding.
(See Appendix VII: Parks and Recreation)
8. The Ashland City Band should be retained in the charter; however, funding
language should be removed and budget issues delegated to the Citizens'
Budget Committee. The committee recommends that the Band be placed
under the authority of the city Parks and Recreation Department.
Background: Article 21 of the current charter requires the council to include in the
annual budget an allocation not to exceed six-tenths (.6) mills on the dollar for the
purpose of a City Band. By tradition (though not function), the Band falls under the
auspices of the city finance director; as a result, the Band often operates quite
independently from city structure.
Discussion: Proponents of the current charter language argue that the City Band will
survive and thrive through the specification of a funding formula embedded in the
charter. Conversely, critics suggest that the charter should never cite specific budget
numbers; instead, funding should be allocated through the annual budget process.
Speakers on both sides of the funding issue agree that the Parks and Recreation
Department is the most appropriate home base for the Band.
Outcome: The recommendation was approved via unanimous vote. In addition, the
Charter Committee notes that preservation of the band's funding is integral to its success;
we recommend that the council consider implementing an ordinance addressing the
band's funding requirements.
(See Appendix VIII: Ashland City Band)
9. Charter language that requires voter approval of all increases in council
salaries should be eliminated; salary levels should be established via a city
ordinance.
Background: Article 3, Section 3 ofthe current charter requires that changes to the level
of compensation received by elective officers (except for recorder and judge) be
submitted to a vote of the people. Right now, each city council member receives $350
per year and the mayor receives $500; these pay levels have been unchanged since at
least 1976. However, elected officials also receive full medical, vision and dental
benefits and a small life insurance policy that covers themselves and dependents.
Discussion: Proponents argue that the existing system restrains the council from
enacting costly and/or inappropriate pay increases. Conversely, critics of the status quo
9
claim: 1) that salary issues are best delegated via ordinance; and/or, 2) that council
members deserve to be paid for the work that they perform.
Outcome: The committee endorsed the recommendation via a 7-1 vote, with one
member abstaining. Discussion that preceded the vote focused on the generous health
benefits package now extended to council members. The committee suggests that
council members consider assuming an insurance co-payment equivalent to that paid by
city employees.
(See Appendix IX: Council Salaries and Benefits)
10. The city council should convene a citizen-based Charter Review Committee
at least every ten years.
Background: The current charter does not address the question of periodic review.
Discussion: Proponents of periodic review argue that a mandatory review process
ensures that the charter remains relevant to the conduct of city affairs; critics question the
necessity for such a requirement.
Outcome: The committee unanimously endorsed the recommendation.
Charter Housekeepinl!
As noted earlier, analyses produced by former city attorney Paul Nolte and by consultant
Tom Sponsler highlighted significant sections of the charter containing outdated or
extraneous language, or addressing issues better delegated to a city ordinance. We have
used that input to identify sections of the charter that should be eliminated from inclusion
in the new model charter; these recommendations are detailed in the chart on the
following page.
(See Appendix X: Charter Mark-ups/Model Charters)
Finally, as one of our last actions, the committee attempted to clarify language in Article
16, Section 1 (Public Utilities: Water Works). In response to concerns expressed by City
Attorney Mike Franell, the committee unanimously approved an amendment stipulating
that city water can be sold to businesses located within city limits. Later, we asked the
city attorney to prepare additional wording prohibiting businesses from re-selling that
water as a primary commodity. However, after discussion, the Charter Committee
declined to take further action, agreeing that issues that might be viewed as amending
water policy should be arbitrated by the city council. Mr. Franell's suggested language is
contained in the appendix; the council may wish to initiate a task force or committee to
look at this issue in the coming months.
10
(See Appendix Xl: Suggested Languagefor Article 16, Section J)
Items to be changed or eliminated in the charter.
ARTICLE SECTION TITLE ACTION REASON
I 3 Boundaries: 2ND Remove State law ORS
sentence ORS 192
OAR 166
III 6 Interest in City Remove ORS 244
Contracts
IV 2 Mayor Modify to Complements
enumerate model charter
powers of section on powers
Mayor. See of manager
Appendix III
item C.
VI 2 Recorder; Powers and Remove Covered by
Duties municipal code
2.08.020
VII 2&3 Elections; Notice & Remove ORS 254
Special
VII 6 Elections; Canvass of Remove ORS 254
Returns
VII 7 Tie Votes Remove ORS 254.575
VIII 5&6 Council; Journal, Remove ORS192
Proceedings to the
public
IX All Special powers of the Remove "Dillon's Rule"
Council Where express
powers are
granted, only those
powers and those
necessary to carry
out the granted
power are given.
See City of
Corvallis v.Carlile,
10 or 139 (1882)
Broad powers grant
overcomes this
limitation.
XI 1&4 Public Improvements Remove ORS 279
XII All Taxation Remove ORS 294,310
XIII 4 Appointive Officers Remove ORS 244
XIV All Chief of Police Remove Inherent in city
structure. Sec. 2
possible ordinance.
Consider ordinance
to provide for a
member of the
police staff to be
present at council
11
CITY OF
ASHLAND
Council Communication
AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE RELATING
TO THE ADOPTION OF THE 2004 OREGON FIRE CODE
SECOND READING
Meeting Date: October 17, 2006
Department: Ashland Fire & Rescue
Contributing Dep rtments: Community Development
Departmen ter Department
Approval:
Primary Staff Contact: Margueritte Hickman
E-mail: HickmanM@ashland.or.us
Secondary Staff Contact: Keith E. Woodley
E-mail: WoodleyK@ashland.or.us
Estimated Time: 5 minutes
Statement: The City Council adopted the 2004 Oregon Fire Code (based on the 2003 International
Fire Code with Oregon Amendments) on November 15, 2005. The Oregon Fire Code is a statewide
minimum fire code, and local jurisdictions may adopt and amend the state code providing
modifications are more stringent. The City Council expressed concern that minimum fire flow adopted
by the City of Ashland was less than that required by the Oregon Fire Code and requested Fire
Department staff to return to the City Council with an ordinance to amend the fire code adoption.
Council approved the first reading ofan ordinance amending AMC 15.28 to increase the City of
Ashland fire flow requirements at their regular council meeting on October 3, 2006. Staff now
proposes that Council move for second reading an ordinance to amend AMC 15.28 to implement the
2004 Oregon Fire Code for application within the City of Ashland.
Background: Because the Oregon Fire Code is a minimum code, the City Council has expressed
concern that fire flow had been adopted in a manner less restrictive than the state standards. This
amendment will cause the required fire flow in the City of Ashland to increase from 750 gpm to 1000
gpm to meet the Oregon Fire Code. The Oregon Fire Code requires 1000 gpm minimum fire flow for
single family residences and duplexes. With the installation of a residential fire sprinkler system, the
Oregon Fire Code allows a 50% reduction in fire-flow, which would reduce the required fire flow to
500 gpm. In 1991, the City of Ashland adopted a reduced fire flow of750 gpm, which allows a
minimum fire flow of375 gpm with the installation ofa residential fire sprinkler system. By
approving the second reading for this amendment, the 1991 language will be replaced.
After reviewing the current fire flows with Water Department Staff, it was found that significant
improvements since 1991 to the City of Ashland's water system will allow the present water system to
meet the requirements of the Oregon Fire Code in most areas of the City. In the lower fire flow areas,
the Oregon Fire Code could still be met with the installation of residential fire sprinklers.
The areas that would be affected by adopting the state standard for water flows are primarily located at
higher elevations and above the boulevard. Development in these locations would need to install a
residential fire sprinkler system in order to meet the fire flow requirements. Based on current fire flow
r.,
data, there are few locations that would not meet minimum fire flows even with a residential fire
sprinkler system - Ashland Mine, Ivy, Skycrest, Emma.
Related City Policies: AMC 15.28.010 Adoption of Oregon Fire Code
Council Options: Approve Second Reading of an Ordinance amending AMC 15.28 to implement the
2004 Oregon Fire Code.
Staff Recommendations: Staff recommends approving the Second Reading of an Ordinance
amending AMC 15.28 to implement the 2004 Oregon Fire Code.
Potential Motions: Move to approve the Second Reading of an Ordinance amending AMC 15.28 to
implement the 2004 Oregon Fire Code.
Attachments: An Ordinance Amending The Ashland Municipal Code Relating To Adoption Of The
2004 Oregon Fire Code.
rj.1
ORDINANCE NO.
AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL
CODE RELATING TO ADOPTION OF THE 2004
OREGON FIRE CODE
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS:
Section 1. Ashland Municipal Code, Chapter 15.28.070, is amended to read as follows:
SECTION 15.28.070 Amendments to the Oregon Fire Code
The Oregon Fire Code is amended in the following respects:
A. Section 503.2.5 Dead Ends: Change 150 feet in length to 250 feet in length.
B. Section 506.1 Replace the second sentences as follows: The key box shall be of an
approved type, installed and maintained in accordance with manufacturers instructions,
and shall contain keys to gain necessary access as required by the fire code official.
C. Section 508.5.1 & Exceptions Delete and replace with the following: The approved
fire apparatus operating area must be located within 300 feet from a hydrant, as
rneasured by an approved route, along an approved driving surface. With the
installation of an approved automatic fire sprinkler system, hydrant distance may be
increased to 600 feet.
D. Section 3301: Notwithstanding the exceptions listed in this section, the sale of DOT
classification 1.4G (Class C common fireworks) is prohibited within the City of Ashland.
The use of common fireworks within the City of Ashland is prohibited during any
declared fire season except when the sale of fireworks is permitted within the State of
Oregon pursuant to ORS 480.127 (June 23 to July 6 of each year). (Ord 2871, 2001;
Ord 2876, 2002)
E. Appendix D105.1 Change first sentence as follows: Buildings or portions of buildings
or facilities exceeding 24 feet in height above the lowest level of fire department vehicle
access shall be provided with approved fire apparatus access roads capable of
accommodating fire department aerial apparatus.
The foregoing ordinance was first read by title only in accordance with Article X, Section
2(C) of the City Charter on the 3rd day of October, 2006, and duly PASSED and
ADOPTED this day of , 2006.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
.2006.
John W. Morrison, Mayor
1 - FIRE CODE AMENDMENT ORDINANCE G:\legal\Office\ORD\F\FireCodeAmendmentOrdFinaI1006.wpd
CITY OF
ASHLAND
Council Communication
Meeting Date: October 17,2006
Department: Legal
Contributing Departments: Finance
Approval: Martha Benne
AN ORDINANCE AMENDING CHAPTER 2.52 OF THE ASHLAND MUNICIPAL
CODE RELATING TO RULES OF PROCEDURE FOR PERSONAL SERVICE
CONTRACTS
Primary Staff Contact: Mike Franell, 488-5350
franellm@ashland.or.us
Secondary Staff Contact: Kari Olson, 552-2290
olsonk@ashland.or.us
Statement:
This ordinance revises chapter 2.52 of the municipal code to simplify the process for the
selection of personal services contractors and to more closely track the limitations for public
contracting recently adopted in the revisions to chapter 2.50. The revisions add two exemptions
from competitive selection for sole source contractors and emergency contracts and raise the
limit for selections using competitive quotes from $25,000 to $75,000. The revisions also make
the selection of architects, engineers and surveyors subject to the same rules as other personal
services contractors.
Background:
Prior to the complete overhaul of the public contracting laws by the legislature in 2003, the rules
governing the selection of personal services contractors were adopted by council resolution. In
2005, chapter 2.52 of the municipal code was completely rewritten to incorporate into ordinance
form those rules as well as to update the rules to comply with the new legislation. Chapter 2.52 is
being revised at this time to further update the selection rules and to make them more consistent
with the competitive bidding rules adopted in chapter 2.50.
Related City Policies
The city for several decades has utilized a policy of competitive selection for public contracting
and for personal services contracting. As noted above, the existing policies are embodied in
chapters 2.50 and 2.52 of the municipal code. In addition the Department of Finance and
Administrative Services, Purchasing Division, augments the above policies and rules with its
Accounts Payable and Purchasing Procedures.
Staff Recommendation:
Adopt the amendments
Potential Motions:
Move to second reading An Ordinance Amending Chapter 2.52 of the Ashland Municipal
Code Relating to Rules of Procedure for Personal Service Contracts
Attachment: An Ordinance Amending Chapter 2.52 of the Ashland Municipal Code Relating
to Rules of Procedure for Personal Service Contracts
1
rA'
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2.52 OF THE ASHLAND MUNICIPAL CODE
RELATING TO RULES OF PROCEDURE FOR PERSONAL SERVICE CONTRACTS
Annotated to show deletions and additions to the code sections being modified. Deletions
are linod through and additions are underlined.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2.52 of the Ashland Municipal Code is amended as follows:
Sections:
2.52.010
2.52.020
2.52.030
2.52.040
2.52.050
2.52.060
2.52.070
2.52.080
2.52.090
Chapter 2.52
PERSONAL SERVICES CONTRACTS
Definitions.
Purpose.
Person::lI Service Contracts Listod.
Rules and Procedure
Formal Competitive Selection Procedures-Exemptions.
Screening Criteria.
Selection Process.
Repealed by 2917
Repealed by 2917
Section 2.52.010 Definitions. The definitions set forth in Ashland Municipal Code
Section 2.50.010 are incorporated into this chapter as thouqh fully set forth in this
section.
Personal Service Contract: A personal service contract is a contract primarily for the
provision of services that requires specialized, technical, creative, professional or
communicative skills, talents, unique or specialized knowledqe, or the exercise of
discretionary iudqment skills, and for which the Quality of service depends on attributes
that are unique to the service provider. Such services include, but are not limited to,
architectures, engineers, land surveyors and related services as defined in ORS
279C.120(6), accountants, attorneys, auditors and other licensed professionals, artists,
desiqners, computer proqrammers, performers, and consultants. The Public
Contracting Officer, the City Administrator or their designee shall have the discretion to
determine whether a particular type of contract or services falls within the cateqory of
1
C:\DOCUME-1\shipletd\LOCALS-1\Temp\AMC 2.52 amended 8-15-06.doc
personal services.
/\. "Personal service contracts" include contracts for services that require
specialized technical, artistic, creative, professional or communication skills or talent,
unique and specialized knowledge, or the exercise of discretionary judgment skills, and
for which the service depends on attributes that are unique to the service provider, other
than contracts for an architect, engineer, I3nd surveyor or provider of related services as
defined in ORS 279C.100.
B. "Purchasing Agent" means the Finance Director or his/her designee who has the
authority to enter into personal service contracts.
C. "Formal competiti'.'e selection procedures" means procedures for the selection of
personal service contracts, which shall be the same formal procedures as are required
for the selection of goods and services as required by ORS 279B.060 (competitive
sealed proposals) and as clarified in the Model Rules, O/\R 137 047 0260.
D. "Formal competiti'.'e selection process" means tho process of using formal
competiti'.'e selection procedures for the selection of personal service contracts.
(Ord 2917, Amended, 03/01/2005)
Section 2.52.020 Purpose.
Personal service contracts will be used to retain the services of independent contractors
(other than contracts for an architect, engineer, land surveyor or provider of rel3ted
services as defined in ORS 279C.1 00). Nothing in this section shall apply to the
employment of regular city employees.
(Ord 2917, Amended, 03/01/2005)
Section 2.52.030 Personal Service Contracts Listed.
Pursuant to ORS subchapter 279/\.055(2), the follm".'ing contracts or classes of
contracts for personal services shall not be subject to the rules of procedure of Chapter
2.50 or the Model Rules unless provided herein:
A. Accountants;
^ .
, .ppralsers;
Computer programmers;
Lav.'}'ers;
Psychologists;
Investment Consultants;
Insurance Consultants;
Advertising Consultants;
Marketing Consultants;
Graphics Consultants;
Training Consultants;
Public Relations Consultants;
Communications Consultants;
Data Processing Consultants;
Management Systems Consultants;
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
O.
2
C:\DOCUME-1\shipletd\LOCALS-1\Temp\AMC 2.52 amended 8-15-06.doc
P. Any other personal service contracts or classos of contracts that the Purchasing
Agent or his/her designee idontifios as porsonal servico contracts.
(Ord 2917, Amended, 03/01/2005)
2.52.040
Rules and Procedure.
Personal service contracts are subject to the rules established by this section:
A Unloss otherwise approvod by the Purchasing Agent, all porsonal sorvico
contracts shall require tho contractor to dofend, indemnify, and hold harmloss the City,
its officers, agents and omployees against and from ~my and all claims or domands for
damages of any kind arising out of or connocted in any way '.\'ith the contractor's
performanco thereunder and shall include a waivor of contractor's right to ORS 30.285
and ORS 30.287 indemnification and dofense.
B. Unless othorv:ise approved by tho Purchasing l\gent, porsonal service contracts
shall contain a provision requiring tho porson or entity providing tho sorvice to obtain
and maintain liability insuranco covorago in at least tho amount of the City's tort liability
limits, naming the City as an additional named insured, during the life of tho contract.
C. All porsonal service contracts shall contain all contract provisions mandatod by
state la\'" and by the Ashland Municipal Codo. These provisions may be incorporated in
the porsonal sorvice contract by referenco unloss otherwise providod by law.
A. All personal service contracts shall contain the provisions set forth in Exhibit A of
AMC 2.50 as well as any others required by federal or state law or the Ashland
Municipal Code.
B. All personal service contracts shall be siqned by both parties before any work or
service may commence.
D. The formal compotitivo soloction procedures describod in this soction may be waivod
by the Purchasing Agont ':..hon an omergency exists that could not have been
reasonably forosoon and requires prompt execution of a contract to remedy tho
situation that there is not sufficient time to permit utilization of the formal compotitivo
soloction procedures.
.eC. Personal service contract proposals may be modified or withdrawn at any time
prior to the conclusion of discussions with an offeror.
f.D. The Purchasing Agent shall establish internal procedures for the review,
processing, and listing of all contracts, whether procured through a formal competitive
selection process, or exempt from the formal competitive selection procedures. Such
review shall include a method for determining compliance with these rules.
G. For personal service contracts that are anticipated to cost $5,000 or loss, such
contracts must bo momorializod by a formal purchase order.
.H. For personal service contracts that are anticipated to exceed $5,000, but not
exceed $25,000, at least three competitivo writton quotos from prospective contractors
who shall appoar to havo at least minimum qualifications for tho proposed assignment,
shall bo solicitod. Each solicited contractor shall bo notifiod in reasonable dotail of tho
proposed assignmont. Any or all interestod prospective contractors may bo intorviewed
for the assignment by an appropriate City employoo or by an intorview committeo.
hE. For personal service contracts that are anticipated to cost in excess of $25,000,
3
C:\DOCUME-1\shipletd\LOCALS-1\Temp\AMC 2.52 amended 8-15-06.doc
$5,000, the aDepartment-RHead for the department that needs the services shall make
the following determinations:
1. That the services to be acquired are personal services;
2. That a reasonable inquiry has been conducted as to the availability of City
personnel to perform the services, and that the City does not have the personnel nor
resources to perform the services required under the proposed contract; and
3. That the department has developed, and fully plans to implement, a
written plan for utilizing such services which will be included in the contractual statement
of work.
J. /\11 personal service contr3cts exceeding $25,000 shall be b3sed upon formal
competitive selection procedures, except 3S expressly provided in this subsection, or by
subsequent ordinance or resolution. For person31 service contracts th3t 3re 3nticip3ted
to cost in excess of $25,000, the department head for the dep3rtment th3t needs the
services sh311 folio':! the formal competitive selection procedures for form31 competitive
sealed proposals as found in the Model Rules, OAR 137 047 0260. Regardless of
whether 3 person31 service contract is exempt from the form31 competitive selection
process or not, no service or '.\Iork m3Y be performed until a purchase order h3s been
issued. This requirement m3Y be lN3ived, hOVlel/er, 'A/hen circumstances exist th3t
create a subst3ntial risk of loss, d3mage, interruption of services or threat to public
health or safety 3nd that require prompt 3ction to protect the interests of the City.
(Ord 2917, Amended 03/01/05)
Section 2.52.050 Formal Competitive Selection Procedures-Exemptions.
Contr3cts for person31 services 3re exempt from formal competitive selection
procedures if 3ny of the following conditions exist: All personal service contracts shall
underqo a screeninq and selection process as outlined below except for these types:
A. The contract amount is anticipated to be $25,000 or less. The contract has a total
value of less than $5,000 provided it is memorialized by a formal purchase order. A
personal service contract awarded under this section may be amended to exceed
.$5,000 only upon approval of the Public Contracting Officer, and in no case may exceed
$6,000. A personal service contract may not be artificially divided or fraqmented.
8. Contract amendments, which in the aggregate change the original contract price
or alters the work to be performed, may be made with the contractor if such change or
alteration is less than twenty-five (25%) of the initial contract and are subject to the
following conditions:
1. The original contract imposes binding obligation on the parties covering the
terms and conditions regarding changes in the work; or
2. The amended contract does not substantially alter the scope or nature of the
project;
4
C:\DOCUME-1\shipletd\LOCALS-1\Temp\AMC 2.52 amended 8-15-06.doc
C. The Purchasing Agent finds that there is only one person or entity within a
reasonable area that can pro':ide services of the type and quality required. The
Department Head finds, in writinq and at his or her discretion, that there is only one
person or entity within a reasonable area that can provide services of the type and
Quality required.
D. The contract for services is subject to selection procedures established by the
State or Federal government.
E. The contract is for non-routine or non-repetitive type legal services outside the Legal
Department.
F. The contract is for an emerqency as defined in AMC 2.50.080 and the procurement
procedure set forth in AMC 2.50.080 is complied with for awardinq an emerqency
contract.
(Ord 2917, Amended, 03/01/05)
Section 2.52.060 Screening Criteria.
The following criteria shall be considered in the evaluation and selection of a personal
service contractor for personal service contracts:
A. Specialized experience in the type of work to be performed.
B. Capacity and capability to perform the work, including any specialized services
within the time limitations for the work.
C. Educational and professional record, including past record of performance on
contracts with governmental agencies and private parties with respect to cost control,
quality of work, ability to meet schedules, and contract administration, where applicable.
D. Availability to perform the assignment and familiarity with the area in which the
specific work is located, including knowledge of designing or techniques peculiar to it,
where applicable.
E. Cost of the services.
F. Any other factors relevant to the particular contract.
(Ord 2917, Amended, 03/01/2005)
Section 2.52.070 Selection Process.
The following rules shall be followed in selecting a contractor for personal services:
A. Personal service contracts less than $5,000, may be awarded in any manner
deemed practical, including by direct selection or a'Nard by the Purchasing Agent (or
any person with purchasing authority).
~ For personal service contracts that exceed $5,000, but do not exceed $25,000
$75,000. at least three competitive written proposals from prospective contractors who
shall appear to have at least minimum Qualifications for the proposed assiqnment, shall
be solicited. Each solicited contractor shall be notified in reasonable detail of the
5
C:\DOCUME-1\shipletd\LOCALS-1\Temp\AMC 2.52 amended 8-15-06.doc
proposed assiqnment. Any or all interested prospective contractors may be interviewed
for the assiqnment by an appropriate City employee or by an interview committee. The
Department Head for the department that needs the services shall award the contract to
the prospective consultant whose quote or proposal will best serve the interests of the
City, taking into account all relevant criteria found in Section 2.52.060. The Department
Head shall make written findings justifying the basis for the award and retain such
records as required by AMC 2.50.110.
C. For personal service contracts that will cost $75,000 or more, the Department
Head shall award the contract based on AMC 2.50.090.
D. The City official conducting the selection of a personal service contact shall
negotiate a contract with the best qualified offeror for the required services at a
compensation determined in writing to be fair and reasonable.
(Ord 2917, Amended, 03/01/2005)
Section 2.52.080
Section 2.52.090
Repealed by 2917
Repealed by 2917
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the
day of
,2006,
and duly PASSED and ADOPTED this
day of
,2006.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2006.
John W. Morrison, Mayor
Reviewed as to form:
Michael W. Franell, City Attorney
6
C:\DOCUME-1\shipletd\LOCALS-1\Temp\AMC 2.52 amended 8-15-06.doc
CITY OF
ASHLAND
Council Communication
Meeting Date: October 17, 2006
Department: Legal
Contributing Departments: Finance
Approval: Martha Benne
AN ORDINANCE AMENDING CHAPTER 2.52 OF THE ASHLAND MUNICIPAL
CODE RELATING TO RULES OF PROCEDURE FOR PERSONAL SERVICE
CONTRACTS
Primary Staff Contact: Mike Franell, 488-5350
franellm@ashland.or.us
Secondary Staff Contact: Kari Olson, 552-2290
olsonk{@,ashland.or.us
Statement:
This ordinance revises chapter 2.52 of the municipal code to simplify the process for the
selection of personal services contractors and to more closely track the limitations for public
contracting recently adopted in the revisions to chapter 2.50. The revisions add two exemptions
from competitive selection for sole source contractors and emergency contracts and raise the
limit for selections using competitive quotes from $25,000 to $75,000. The revisions also make
the selection of architects, engineers and surveyors subject to the same rules as other personal
services contractors.
Background:
Prior to the complete overhaul of the public contracting laws by the legislature in 2003, the rules
governing the selection of personal services contractors were adopted by council resolution. In
2005, chapter 2.52 ofthe municipal code was completely rewritten to incorporate into ordinance
form those rules as well as to update the rules to comply with the new legislation. Chapter 2.52 is
being revised at this time to further update the selection rules and to make them more consistent
with the competitive bidding rules adopted in chapter 2.50.
Related City Policies
The city for several decades has utilized a policy of competitive selection for public contracting
and for personal services contracting. As noted above, the existing policies are embodied in
chapters 2.50 and 2.52 of the municipal code. In addition the Department of Finance and
Administrative Services, Purchasing Division, augments the above policies and rules with its
Accounts Payable and Purchasing Procedures.
Staff Recommendation:
Adopt the amendments
Potential Motions:
Move to second reading An Ordinance Amending Chapter 2.52 of the Ashland Municipal
Code Relating to Rules of Procedure for Personal Service Contracts
Attachment: An Ordinance Amending Chapter 2.52 ofthe Ashland Municipal Code Relating
to Rules of Procedure for Personal Service Contracts
1
~~,
personal services.
A. "Personal service contracts" include contracts for services that require
specialized technical, artistic, creative, professional or communication skills or talont,
unique and specialized knowledge, or the exorcise of discretionary judgment skills, and
for which the servico dopends on attributes that are unique to the service providor, other
than contracts for an architect, engineer, land surveyor or provider of related services as
defined in ORS 279C.100.
B. "Purchasing Agent" means the Finance Director or his/her designee who h3s tho
authority to enter into personal service contracts.
C. "Formal competitive selection procedures" means procedures for the selection of
personal service contracts, which shall be the same form31 procedures 3S are required
fDr the selection of goods and services as required by ORS 2798.060 (competitive
s031ed proposals) 3nd as clarified in the Model Rules, OJ\R 137 017 0260.
D. "Form31 competitive selection process" means the process of using formal
competitive selection procedures for the solection of personal service contr3cts.
(Ord 2917, Amended, 03/01/2005)
Section 2.52.020 Purpose.
Personal service contracts will be used to retain the services of independent contractors
(other th3n contracts for an architect, engineer, land surveyor or provider of rel3ted
services as dofined in ORS 279C.1 00). Nothing in this section shall apply to the
employment of regular city employees.
(Ord 2917, Amended, 03/01/2005)
Section 2.52.030 Porsonal Service Contracts Listed.
Pursuant to ORS subchapter 279/\.055(2), tho fDllowing contr3cts or classes of
contr3cts for personal services shall not be subject to the rules of procedure of Chapter
2.50 or tho Model Rules unless provided herein:
/\. Account3nts;
^ .
, .ppralsors;
Computer programmers;
Lawyers;
Psychologists;
Investment Consult3nts;
Insurance Consultants;
/\d'Jertising Consultants;
Marketing Consultants;
Graphics Consultants;
Training Consultants;
Public Relations Consultants;
Communications Consultants;
Data Processing Consultants;
Management Systems Consultants;
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
O.
2
C:\DOCUME-1\shipletd\LOCALS-1\Temp\AMC 2.52 amended 8-15-06.doc
$5,000, the aDepartment-hHead for the department that needs the services shall make
the following determinations:
1. That the services to be acquired are personal services;
2. That a reasonable inquiry has been conducted as to the availability of City
personnel to perform the services, and that the City does not have the personnel nor
resources to perform the services required under the proposed contract; and
3. That the department has developed, and fully plans to implement, a
written plan for utilizing such services which will be included in the contractual statement
of work.
J. All person31 servico contr3cts exceeding $25,000 sh311 be b3sod upon form31
competitivo selection procodures, oxcept 3S oxpressly providod in this subsection, or by
subsequont ordin3nce or resolution. For person31 service contr3cts th3t 3re 3nticip3ted
to cost in excess of $25,000, tho dep3rtment he3d for the dop3rtment that needs the
servicos sh311 follov.' the form31 competitive solection procedures for form31 compotitive
s031ed proposals 3S found in the Modol Rules, OAR 137 017 0260. Reg3rdloss of
whother 3 person31 service contr3ct is oxompt from tho form31 compotitive soloction
process or not, no sorvice or work m3Y bo porformod until 3 purch3so ordor h3s boon
issuod. This requiremont m3Y bo waived, however, when circumst3ncos oxist th3t
cre3te 3 subst3nti31 risk of loss, dam3go, intorruption of servicos or threat to public
health or safety and that require prompt 3ction to protect the interests of tho City.
(Ord 2917, Amended 03/01/05)
Section 2.52.050 Formal Competitive Selection Procedures-Exemptions.
Contracts for person31 services are exompt from formal compotitive soloction
procedures if any of tho follO'.ving conditions exist: All personal service contracts shall
underqo a screeninq and selection process as outlined below except for these types:
A. Tho contract amount is anticip3tod to bo $25,000 or loss. The contract has a total
value of less than $5,000 provided it is memorialized by a formal purchase order. A
personal service contract awarded under this section may be amended to exceed
$5,000 only upon approval of the Public Contractinq Officer, and in no case may exceed
$6,000. A personal service contract may not be artificially divided or fraqmented.
B. Contract amendments, which in the aggregate change the original contract price
or alters the work to be performed, may be made with the contractor if such change or
alteration is less than twenty-five (25%) of the initial contract and are subject to the
following conditions:
1. The original contract imposes binding obligation on the parties covering the
terms and conditions regarding changes in the work; or
2. The amended contract does not substantially alter the scope or nature of the
project;
4
C:\DOCUME-1\shipletd\LOCALS-1\Temp\AMC 2.52 amended 8-15-06.doc
proposed assiqnment. Any or all interested prospective contractors may be interviewed
for the assiqnment by an appropriate City employee or by an interview committee. The
Department Head for the department that needs the services shall award the contract to
the prospective consultant whose quote or proposal will best serve the interests of the
City, taking into account all relevant criteria found in Section 2.52.060. The Department
Head shall make written findings justifying the basis for the award and retain such
records as required by AMC 2.50.110.
C. For personal service contracts that will cost $75,000 or more, the Department
Head shall award the contract based on AMC 2.50.090.
D. The City official conducting the selection of a personal service contact shall
negotiate a contract with the best qualified offeror" for the required services at a
compensation determined in writing to be fair and reasonable.
(Ord 2917, Amended, 03/01/2005)
Section 2.52.080
Section 2.52.090
Repealed by 2917
Repealed by 2917
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the
day of
,2006,
,2006.
and duly PASSED and ADOPTED this
day of
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2006.
John W. Morrison, Mayor
Reviewed as to form:
Michael W. Franell, City Attorney
6
C:\DOCUME-1\shipletd\LOCALS-1\Temp\AMC 2.52 amended 8-15-06.doc
DOCUMENTS SUBMITTED AT THE
OCTOBER 17,2006
CITY COUNCIL MEETING
CITY Of
ASHLAND
~j.'
Water & Sewer SDC Update
Project Report
Ashland City Council
October 17. 2006
1
What Is a System
"Development Charge~_
. An see is a one-time charge
imposed on new development to
equitably recover the cost of
capacity needed to serve new
customers
. Key characteristics:
o One-time charge, not ongoing
o Calculated and used for capital only
~A'
WalW&Seww 0 Existing and future cost components 2
$DC Updaf8
1
.. .
Evaluation of
exl$tlnSlsystem
capacity
Fllturnervlce
demand based Oil
projected
development
Setting the Improvement Fee
INPUTS
Planning
IlI'()j~tlons
ALLOCATION
~ts $olelydue to the
net!CI fOr~ditlonal
capacity to serve new
users
CALCULATION
Numerator Is the total cost of
Plannedtapacltj-lncrjllsing
projects
Oel1OlTllnator Is projected growth In
HSt:' ,f1Ktures orineier equivalents
f>ortlonof ca.pltalcosts
forlmprb1ielTlents
reasonab1yshal'edbY
existtng and future Users
.-.
U$tof capital
Improvements wlth
cO$ustimates
IMPROVENlENTFEE
Cost per unit
~.t. 1
WIIW & Seww
$DC Update
~.t. 1
WaIW & Seww
SOC UpdaIe
5
Summary of Directions
from SDC Committee
. Residential SDC based on habitable square footage (HSF)
. Commercial water connection SDC based on meter size
. Commercial sewer connection SDC based on fixture count
. Replace brackets in SDC calculation with actual HSF
. Consolidate SDC funds from 5 to 2 (one water, one sewer);
distinguish between reimbursement and Improvement
within each fund
. SDC Committee to meet annually to review SDC project list
and expenditures
6
3
-----,r--r-
Project Cost Revisions
. Transmission line feeder to plant
changed from $1,083,000
SDC-eligible to $983,696
. Main feeder line to Crowson is near
completion so it will be included in
the reimbursement portion of the
SDC
~.l'
WIIW's.ww
$DC U,...
9
"New Water Projects __
. Line replacement, upsizing and
distribution system improvements at
$1.45 million
o $362,500 (250/0) is SDC-eligible
. SDC-eligible engineering and
construction management
contingencies at $3,058,609
~.l'
w*, s.ww
$DCUpdI.
10
5
Water Reimbursement Fee
8aI. tw Alloafon To CIIatm.. a.-s:
CUmlnI EquiwoIent %" Met... In Sentc:e
POlO_ages
CoIcuI."... of'" VoIu. of Copodty A_obi. III $.... _:
OrIginol Coot
loss: Acc_od Dopociotion
....: Book V_ of tho __ [)om
....: Gronls
loss: Ds.oIapsr Contributions
loss: PIInclpoI OuIatwdng on long Tsnn Dsbt
Sod. 1m _. _ 0bIIgsII0n Bonds
Soot. 111117 Flood snd -..cIng Bonds
S_ 2llO3 _.-... Bonds
Not RIll. Poyer __ In c.poclty A_ to Serw GnMlh
CoIcuI."... of Future _
2llV_F_..._ "-_(Sql.-Foet)
20 V_ F_u.Common:isl E..- Met...
Commsn:isl &
Roo_oI Inotit_ Totsl
7.114 1,Il6O 8,074
78._ 21.60% 100%
25,858,28621 7,124,571.41 32,1lll3,1I57.112
(7,3911,182.23) (2,038,2l18.8I) 19,438,490.81
(58,778.87) (18,470.13) (78,250.00)
(78,38lI.12) (21,800.11) (100,000.00)
1944,717.81) (2IlO,2lI2.12) (1,205,000.00)
(4,139,510.811) (1,140,489.31) (5,280,000.
13,231,8115.73 3,847,430.88 18,8lIll.118.71
18,187,1l8ll
2840
~.i'
WIIw & s.-
$DC (Ipdm
Water Improvement Fee
...,.fWu...I_ T. ~a....
c..r.t E...... ". ....In SeNce
-
c.hIII.... .,... VlII.. elc.,..t.. Awllellle" ..w GtNwIft:
FUI\n PJatect eo.t. AltrllQ.... to GIowth:
TAP beyond t.Mrt
~...Ion Urw ("--to PIn)
HosMr o.m Sttlbllty AMtJsis
loIt er.k Wit. R9U (1llIlItioMI)
Hoe* DIm s.cutI:y Md T~
--"'-
w.iM"""menl; Pe.nI: F.. fttpowmerts
.... awn.-Il'1~N....'"
PWIIMd PIDceu~.
Fihrs 7 .. I ....
W.... Repe.cefMlt - Grw1Ite
FiMAaw ClllrIIdIon ~
__.e._'-
AiIpIIlce StMI LIne T-..ce; ImpltDn C*ch to a..c.w.
~. L.inn II ....., SceNe , a..tn.c
-.......-".. .......-
..... M.n on wn........"..
... LN s..an Loop
UpaiZel..inB - Euclid, Prwpect, Fwn, Rae.
UpaiZ. .... on TotIMn CNek
RlIpIfICe S.... line on SWdyou
HerNf ~ LNIJpIiRq
Ott.'1..iM ~
_Coot
eo..__"",""-,,,
TrQI Glowth ""-led ea.",
~.i'
w..., & s.-
$DC Upd,,.
e./.."..... "'''''''~..c
2D v_ Fcnc.....~........ ArM ~ FeIIt)
2D V., FOfK..ted Growth In E......". ......
QiI....w.........-:
"- ".; ~~.'~ . ",;~,',' _:.,,;:~;,~:n:f'>~" ',' ~~~~~1:ti ::;:'_u_'-5x;JV~~P~'~'---'~m
_. ..fIIIIIIIIK~~lli1~~\.?,_,
050
~.
-.......... .-
7,114
70._
1,llllO
21.""
8,074
1IX,",
S 3,189,893 $ m,w S 4,068,750
n1,21l!1 212,<410 _._
381._ 1C11,om SOD,ooo
211i,4DD 8.100 37,500
t._ 2,_ 12,000
47,040 12,iEIO eo,ooo
51._ . 1a.200 7'5,000
1M,180 51,840 2<<>>,OOD
3C3,S7St SM,n1 4311,750
1C11._ 21t,1IS2 131,2!50
104,040 53._ UT,5CD
315,411 10,584 ",000
27,440 7,580 315,000
.,CXX) 13.5CXI 52,500
1.._ 5,400 25,000
_,CICIO 13,500 12.500
38,418 10,584 49,000
53,SIClO 14,850 _,7SJ
73,500 2D.2SD llJ,750
~ --!z!!! ~
---...!!!.!!! -B!!! 115,000
~ ~ -----w:sm
1,045187 217,_ 1,333150
1.352.7'S1~ 1,725..
I .........1 I 2.312....1 S 1..""'.0!i5
4,"7e,432
13
14
7
~
a>
-
-
co
>
a>
:J
0)
o
0::
CD
..c
........
c
--
en
t)
Cl
en
-
-
co
L-
a>
>
o
c:
o
'- ~
Q) (1J
.... 1::
(1J 0
;: .... .... a.
EQ)~~~
olOiD~"'"
Ci5~(I)I-~
..00.
o
o
I.C)
('I)
~
o
o
o
('I)
~
o
o
I.C)
N
~
o
o
o
N
~
o
o
I.C)
o
o
o
o
o
L{)
~
"'""
~
"'""
~
..c:
elm
TE=
1ft co
~u..
~
"E
.E
"'0
Q)
~
....
c:
'0
0-
~
....
c:
Q)
U
Q)
'S;
c:
o
m
~
o
co
...,
"'0
c:
J!!
..c:
m
~
....
c:
Q)
co
I-
.~
c:
Q)
o
..c:
0-
....
c:
'0
0-
jQ
co
w
m
m
co
0-
m
....
c:
~
o
~
o~+o ~r / (p) JOO (p . -.
~.. ~LUtcilor-s) M~or ~vP. Ct'+:t A&WJfi1I'sircLior
. Ih~ ~~les+s (L~fdl~~. i 2' )
tie>>] Oh~ \ V\ -r~l s 6~, So -fuX') J ", ~5
1>esD' l~ QX~- roKitlj crw- -to,hdp ASht_~13 c..ha1~-<J
\ . r \,. "17l-8;L~E- <:1..0-'+- SOO ~"\iI' Ktl\.& LYJ ai~",-bLU.1rl' \"-D^<-..,
(A...,(\ l h\.Cl ~I \ 1'"'- {'..L1<1JiJ..11~
MoJ<e. ~~. fuel<'j' c! Uc k'S.
{)\e!0 e \l ~ \ + ho ~ I o.~ 9 L-tl-Z <' (1CU1 b ~
\.t..o~reJ, We., J-fD \;) (let, v\ ..:,'tt-an [
\.Jl~ -i ~ 0 V\ a... ro he. l,,0 e. -L..., 8 e -hJ
ex. 8:L..\ r "',) I U 0 . Q Ct vt
. ~ €-} of .~e~trok
.. .'V~ WQ cd.' et e
0... ...\ ~~:\1 (i~J
'-lt1{,;'1
~~J.\.
,S'htl+er
o v- /A,'a::fe"
':J
(01 bG.. ~V\\e.\' \N ee\(c
F(I d 1'v\A)1- -
(j ~)( G \?..::t~ .-4:)\'\tC\\rtc{
p l' ~C)( 11) Y' "g-ih f~ [. j
. {,~ ~~_. ~ ~ ~L- --."
L ( /f; . ~~/< /?c.eJ"/"( Ic.? !.--I/o r
[I -p- aw-n Le dMf'tlCL { f.,:
C 4brs- i~11U11Jb~
t Of ~(,
!DIt>6
b.;,' /
W OG
I .-,
I .;J?1
::L. k ~ '- v, C'\ s h ((t;(V1
:J:i~ Ij~w-e,"1
"3 1. 6 ~'-1' A {, /-c (. t) ...r r': XI Sif Lf.V.t)
-l~ ~'I (/~ I J-' /j f' /t, (~1l )
Ll
I
. i
rti\:~~ ~, odQ.Mol)
lo -b \-~V~~. ~ '
q0~ ~ -
fh/ /; r P/v^ ~eTl
If"C( 0 -/5 (j < tit,'leI?~ /ceA
to
()
00 w. t..
2--c1 ~
~ZS ~a (d
u..fll"~
Sio ftAJ
~~
~l ~^-.
r4j ~J{c{ ~ fI{-t'1IQ-/1-r.
E. /fllAl'L- 6r/Ltf:Tlt. ~/Y1 , hot- ~
If LA
'-
b
"
Dear Councilors and Mayor:
I'm concerned about the animals in Ashland talho aT'e tied up at their homes
for excessive periods. They suffer loneliness, frustration and boredom.
They also run the risk of strangling to death, getting abused by kids or
adults, getting attacked by animals, OT dying of heatstroke.
Jackson County allows animals to be tied for their entire lives on short
chains. This is not a life that anyone in Ashland, including pets, should
have to endure. Please pass a 1 a \.II to make th-is kind of animal abuse
illegal. Please heavily restrict the tethering of dogs and other animals
at their homes.
g
By
also help people. Chained
lil<:~ly to bite
often a barking
r dogs are.
C()m
L I h l..<:i i V"'\ :5+'
1-,. ~J
hE~FCJ~
lo/e)\'
IW \ ~ YY\eA l ec..Jc.e,r
~l4~
~/O/ltjd6
LEI4IU,tJE V I3L,K-
3333
}
~
J.-. D j
1?::r~D
7f.3o Wit t1f~ C.e.!?d. tA (c~T tJ/f:
L~ ~ Cl n:J2. \ aM J
~,t- _
A~~l O\J
II .
Dear Councilors and Mayor:
I'm concerned about the animals in Ashland I)lho are tied '-tp at their homes
for excessive periods. They suffer loneliness, frustration and boredom.
They also run the risk of strangling to death, getting abused by kids or
adults, getting attacked by animals, OT dying of heatstroke.
Jackson County allows animals to be tied for their entire lives on short
chains. This is not a life that anyone in Ashland, including pets, should
have to endure. Please pass a law to make this kind of animal abuse
illegal. Please heavily restrict the tethering of dogs and other animals
at their homes.
By doing this, you
I1U i sa nee . Th~y' '. re
also help people.
likely
often a barking
r dogs are.
10} f D \ o\c
IDIIU{C~
t9 (~bk
to / , 0 lOb
P/R, 1~6 _
1.0/ /010&
\ D J \ <5 16v4
\ 0 /Ioio(p
J/\O I DCiJ
\0 \0 o~
/0 0"
S~\ C? L0n~vd
C 1, ? IL(I L
v \I'Ii \LV\.... 1 \..II ~-tl
S j~v\-L ~~M.l
EriC-- Le,v~
4\)>
, bfl! "V'L
~\EA: L~
~~(Ji)~
\ura.
t c:' ..:v.
J\.A.Stp\:~'" ~~<J:'~cti LCG
. .~~k @ SOJ. ,,GL-lu
,y~~~ (2y 5D0, C. ckJ
'l{ J - 4 ~ g - 71 ~ ~
j1z1 ~-l\ L \e\ )Lh
4 t' lo0CfJ 0
[7'51. '1 \ ce
hohYltV/,. c crv-\
GO , Co 1111
L- Me (( ;0 ref "
.' ./
.'~ 1 #
11.-\
Dear Councilors and Mayor~
I'm concerned ab~ut the animals in Ashland \"\,ho ar'e tied up at their homes
for excessive periods. They suffer loneliness, frustration and boredom.
They also run the risk of strangling to death, getting abused by kids or
adults, getting att~cked by animals, aT dying of heatstroke.
Jackson County allows animals to be tied for their entire lives on short
chains. This is not a life that anyone in Ashland, including pets, should
have to endure. Please pass a law to make this kind of animal abuse
illegal. Please heavily restrict the tethering of dogs and other animals
at their homes.
By doing this, you
l1uisance. The'x '.re
help people. Chained
likely to bite
often a barking
r dogs are.
4\-2.0(- q
) ~'S1 S rsk; 0
6~ ~0 t4
O~
erR.. ,
2..,0
t1=t-r-w
7$'-- 0
715-
{;~L
-So
a..
C.r 0 ~-.J
5-S 1-)...1.{ f5
S\\S i't\)'M SGW
5" 3 0- c;- y"/- ( ) 19
Lt, ~to LUO ()~ I C' ~o 1'1+ J;)J -b3'lt
\ . \0 r ~ (OLt
A{Y1~ ~~4S
D-
\\0 ~~.T~-~
.. .
/
/
Dear Councilors and Mayor:
I'm concerned about the animals in Ashland talho are tied up at their homes
for excessive periods. They suffer loneliness, frustration and boredom.
They also run the risk of strangling to death, getting abused by kid.s or
adults, getting attacked by' animals,oT dying of heatstroke.
,
Jackson County allows animals to be tied for their entire lives on short
chains. This is not a life that anyone in Ashland, including pets, should.
have to endure. Please pass a law to ~ake this kind of animal abuse
illegal. Please heavi~~- restrict the te~herin9 of dogs and other animals
at their homes.
By doing this, you
l1uisance.
also help people. Chained dogs are often a barking
to bite eORle than oth~r dogs are.
lO -(p..'
I""
\.J .
t () -~ Alo
\,
SvS~V\
~~
SClY\d
~"{~ofZ
{ ,
.....
(a
LL]):u.I1l
I of'1/ot
te 1 () ~
-1
q{p~ IIJf,.Uot;!J LJI/ Mcf)fC4!!-lJ
~O~
~ )
nUL.
V\e.~~
q
"/;) ~t) S (J k~cO"( qs u(a, r:. j cr) 5 Z.eJ
Dear Councilors and Mayor:
I'm concerned about the animals in Ashland ~Iho ar'e tied up at their homes
for excessive periods. They suffer loneliness, frustration and boredom.
They also run the risk of strangling to death, getting abused by kids or
adults, getting attacked by animals, OT dying of heatstroke.
Jackson County allows animals to be tied for their entire lives on short
chains. This is not a life that anyone in Ashland, including pets, should
have to endure. Please pass a law to make this kind of animal abuse
illegal. Please heavily restrict the tethering of dogs and other animals
at their homes.
By
also help people. Chained
likely to bite
often a barking
r dogs are.
~f:S
~
&=1 (;>
""'~ ~f:>
~.I{).u,+lt/t'I'l/u "7 7~ . W:1n
)'0 I ~o I 0.. v 1:> -:(b 0 AAeJ~6V"J oR
i60'~Cy- 4~U.
~5o ~K tll\.b {\ 1t5~ \~l, oR..
'~e..
yV\:l..- Cf,t k f bt t \
.,---
Dear Councilors and Mayor:
I'm concerned about the animals in Ashland I.>lho are tied up at their homes
for excessive periods. They suffer loneliness~ frustration and boredom.
They also run the risk of strangling to death, getting abused by kids or
adults, getting attacked by animals, OT dying of heatstroke.
Jackson County allows animals to be tied for their entire lives on short
chains. This is not a life that anyone in Ashland, including pets, should
have to endure. Please pass a law to make this kind of animal abuse
illegal. Please heavily restrict the tethering of dogs and other animals
at their homes.
By doing this, you I.>lill also help people. Chained
nuisance. Thev're likely to bite
" . ~.. .
o"~"~o~ f\lkr .~~btClA-~ ,-l\<<<:.~(It..,;I
IO-fj-O& JA AN!\I~ J}A?c.c:n~~J O~/~c(6lM lrrw<<& del CtiUL.
J. g iJ~ ~I\GK W ~ N V\ 0 N JI"5ev <S-k<ct fk Ct 1M
V CLc ~ ;t-) L r/VJ Ii- ~ '-I..sLf' LdR/ j..;t/ A~'1I0/!/J)
It J /
.- P .-tJl/ /11'
JO~ 2~ DiP Md(~~ Sfef()a~
ba rk ing
ape.
>bt'/O # t?o
/j31f tv ~ (f(- #d.- !U10(!c-rd. r57c
;PC) 130)1 1(,9(;
-It., Ii I
'"
If} -- ~ --0 (p
/ - t-Df-
iu", ~~6G
t-,)j)~;IJ,#
'1-
\O-~
10-0 -o<?
to -J.-o6
a5h/~ eR
20q s. Dftc..R.
0c
10--1'- bit
f\J\(\J( u 'Ie( ~ t rJ 6.
,;;ID cr s~ f6p!w::..
u\O
Dear Councilors and Mayor:
I'm concerned about the animals in Ashland who are tied up at their homes
for eKcessive periods. They suffer loneliness, frustration and boredom.
They also run the risk of strangling to death, getting abused by kids or
adults, getting attacked by animals, o~ dying of heatstroke.
Jackson County allows animals to be tied for their entire lives on short
chains. This is not a life that anyone in Ashland, including pets, should
have to endure. Please pass a law to make this kind of animal abuse
illegal. Please heavily restrict the tethering of dogs and other animals
at their homes.
, ~
By doing this, you
f1uisance.
help people. Chained
likely to bite peo~le
often a barking
r dogs are.
vest
tJl~le.- H-vv-lJU
:j-7-0y ~ ~~
$~lc.--~
k-~(j8
---..
Dea~ Councilo~s and Mayo~:
I'm concerned about the animals in Ashland ~Iho are tied up at their homes
fo~ e:<cesslve pe~iods. They suffe~ loneliness, f~ust~ation and bo~edom.
They also ~un the ~isk of strangling to death, getting abused by kids or
adults, getting att~cked by animals, o~ dying of heatstroke.
Jackson C~unty allows animals to be tied fo~ their entire lives on short
chains. This is not a life that anyone in Ashland, including pets, should
have to endu~e. Please pass a law to make this kind of animal abuse
illegal. Please heavily ~est~ict the tethe~ing of dogs and other animals
at their homes.
L. ~ w\~ I-Itl1/\ ~I'\V
often a barking
~ dogs a~e.
By doing this, you will also help people.
l1uisance. They-'.re al mo~e likely to
(\rl 1\M~Y1\t~
TI-(OMf\€> CQfL Rvth
\O~~
DtWlO J UL(l., '(
o-t-o
7 <( 'I AI () r J;-V'\~I a. ~ .
~f)-~g.5-()
l 0 ,,<6 ~ 0 ~
'M . ,-\-I IV <;'AN~~
"'2-Z-':lS-S- (2v...ct....<.4. L~ /).J4~; W''-1~;,IJklic '%a"~
1'1_2 ,-0 ~
v I.)
Z9f~ S z 00 e St,6
j (, ( LN
S 2 "3 Fa If MOt! 11 T Sf /l1 ~J flJt'1
t: o~t 12-'0 11 e~
Va ~O)( \ \f?> c ve ~n.o..) CO gl\~,
News.
Ini ~:~ Siskn,ou
~~__~.I ____
Octo,Eer 16, 2006..J
Local woman raises awareness of animal treatment
requirements, dog noise, im-
puund.nent procedures and the
right of entry.
Rosen and Heminger met
with the mayor in early Septem-
ber. Rosen said the mayor was in
favor of their proposal and that
it needed to be refined before it
could be made into law,
The mayor is concerned that
tethering laws, if not specific
enough, could lead to animals
being left in
,even more
compromised
situations.
He felt there
needed to be
of space re-
quirements
where animals
could be kept.
The proposal
originally was
more elabo-
rate and included such require-
ments, but after a meeting with
former Police Chief Mike Bi-
anca, Rosen and Heminger were
encouraged to cut their proposal
down in order to make the ordi-
nance enforceable,
Rosen said Bianca "watered
a lot of stuff down" in order to
make the proposal more likely
to pass.
The reasoning behind the
proposal is extensive and is
meant to benefit both animals
and humans.
"Chained dogs are three times
more likely to bite than those
that are not," said Rosen. The
proposal would also help pre-
vent barking nuisances, Rosen
stressed the need for the tether-
ing laws and the safety of dogs
as well. She said tethered dogs
are vulnerable to heatstroke
and dehydration, broken limbs,
strangulation, and gangrene.
In an article published in the
Ashland Free Press and written
by Rosen, Executive Director
of the National Animal Control
Association John Mays said,
"Often dogs get uncomfortably
wrapped up on their chains~
By Bryan Messmer
The Siskiyou
Last Tuesday; Barbra E,.
Rosen stood outside the Ste-
venson Union dressed as a dal-
matian holding a sign that read,
"Friends don't chain friends."
Rosen is an animal rights ac-
tivist fighting for the rights of'
animals in Ashland.
The dog suit and sign were
an attempt to
gather more /' ./
signatures for
Rosen's peti-
tion that would
amend Ash-
land's Munici-
pal Code to limit
the tethering of
animals and im-
prove treatment
of animals,
Rosen,
along with her associate Mark
Heminger, have collected more
than 2,800 signatures since they
started their campaign in De-
cember 2005, Rosen has been
,speaking at city council meet-
ings for the last eight months
and writing weekly e-mails to
the mayor, pushing her goal of
. amending the current anim~l
tethering laws. ,
Rosen has been a journalist
and an animal activist for more
than 20 years. She has been
published in magazines "Dog
World" and "Dogs Today," but
said, "I care about all animals."
Rosen and Heminger drafted
an extensive proposal to amend
the municipal code. The first
change, and the face of their
campaign, proposes "It shall
be unlawful to tether animals
for more than two hours in a
twenty-four hour period. Tem-
porary tethering of equines,
within reason, is exempt from
this ordinance." The proposed
ordinance addresses the manner
in which animals are allowed to
be tethered, followed by issues
concerning control of vicious
dogs, animals in vehicles, leash
~
I just want him
to taste freedom
before he dies.
-Barbara Rosen
~ C LC) >>jC~1lV
L ~)t2L~ r _ ('[:L 9-f '(Q
L-P lt~t~ kx{~
~ r:'J.4-L~
J,C ~~Yo
[~~I
C6t1~GrR
FRIE
DOj
CH~
AlE
^ eSee.tac"
""~'J...m.
'Ilkl Wllsonrrhe SISkiyou
Barbara Rosen campaigns in the SU courtyard last Tuesday hoping to gather signatures for her petition of
anti-tethering laws in Ashland,
them to collect signatures and
further their proposal. It is im-
portant to get their proposal
passed before January when a
new city council is appointed,
Rosen is fairly confident that
the proposal will be passed. She
said she is. almost positive it
will pass, but just doesn't know
when.
Former Ashland City Coun-
selor Jack Hardesty, who passed
away in May, said ''I'd like to
see an ordinance happen. Dogs
shouldn't be tethered indefinite-
ly."
It is important to note the
proposal does not make it il-
legal for people to tether their
Some start strangling, or even
end up with broken limbs."
According to Rosen, there
have been cases in which hu-
mane workers have witnessed
dogs that have forgotten they
were chained and jump' over
fences and hung themselves, and
there are cases where dogs were
tethered on second story bal-
conies and have fallen off and
died. In the same article, Randy
Giron, a Jackson County animal
control officer, said, "Chain-
ing dogs around the clock is a
lot more common than people
think."
Rosen and Heminger have
about five people working with
animals a.way from their' own
home, it would still be legal to
tie up dogs outside or stores of
friends' houses.
Rosen knows of several dogs
in Ashland tied up currently and
she hope to get the proposal
passed as soon as possible. In
reference to one dog, Rosen
said, "I just want him to taste
freedom before he dies."
Rosen will likely be outside
the SU Monday through Friday
of this week from about 11 a.m,
to 2 p,m. gathering signatures
for their campaign and educat-
ing people of the current animal
tethering situation in the com-
munity.
-- -