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HomeMy WebLinkAbout2006-1107 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 I()catednear the entrcttlce to the Council Chamb.ers. The chair will recogni:ze you and inform you as to the amount of time 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 November 7, 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. Executive Session meeting minutes of October 17, 2006 2. Regular Council meeting minutes of October 17, 2006 VI. SPECIAL PRESENTATIONS & AWARDS VII. CONSENT AGENDA [5 minutes) 1. Minutes of Boards, Commissions, and Committees ,a. Annual Ambulance License Renewal 3. Confirmation of Appointment of David Stalheim as the Community Development Director v"4. Request for Approval of Easement for 1.0.0" F Building /5. Request for Approval of Easement for Public Trail Purposes .//6. Liquor License Application for Azteca Mexican Restaurant v 7. Telecommunications Franchise Agreement with Sprint 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 meeting, or be extended to 9:30 p.m. by a two-thirds vote of council {AMC ~2"04"040}) 1. Continuation of 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 S1. 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 S1. [2 hours) COUNCIl. J\lEETTNGS ARE BROADCAST"I.lVE ON CHANNEL 9 VISIT THE CITY OF ASIILAND'S \VE13 SIT!:: AT WWW"ASHLAND.OI~"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 XI. NEW AND MISCELLANEOUS BUSINESS XII. 0 ESOLUTIONS AND CONTRACTS 1. First Readin 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 on racts" First Reading of a rdinance Titled, "An Ordinance Adding a New Section to Tittle 14, , estricting the Addition of Substances to the Drinking Water" XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Report from Council Committee on Council Rules 2. Discussion of Council List Serves 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 (TTY phone number 1-800-735- 2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). COUNCIL MEETINGS ARE BROADCAST' LIVE ON ClJANNEL. <) VISIT THE UTY OF ASJILAND'S WEB SITE AT W\VW.ASIILAND.OR.US ASHLAND CITY COUNCIL MEETING OCTOBER /7, 2006 PAGE I of7 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL October 17, 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. ROLL CALL Councilors Hardesty, Amarotico, Hartzell, Jackson, Silbiger and Chapman were present. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES Mayor Morrison announced there is a volunteer position currently available on the Bicycle & Pedestrian Commission and that applications are being accepted from citizens interested in serving on the Historic Commission and the Citizen's Budget Committee for terms beginning in December. APPROVAL OF MINUTES The minutes ofthe Special Meeting of September 26,2006, Executive Session Meeting of October 3,2006 and Regular Council Meeting of October 3,2006 were approved as presented. SPECIAL PRESENTATIONS & AWARDS (None) CONSENT AGENDA 1. Minutes of Boards, Commissions, and Committees. Councilor Jackson/Chapman m/s to approve Consent Agenda. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS 1. Public Hearing and Reading by title only of, "A Resolution Adopting Modifications to the Methodology for Calculating Water and Wastewater Systems Development Charges, Pursuant to Section 4.20 of the Ashland Municipal Code, and Repealing Section 1 of Resolution 2000-29." Public Works Director Paula Brown, Administrative Services & Finance Director Lee Tuneberg, and Shaun Pigott with Shaun Pigott Associates, LLC addressed the Council. Mr. Pigott presented a PowerPoint presentation on the Water and Sewer System Development Charges (SDCs). He explained that an SDC is a one-time charge imposed on new development to equitably recover the cost of capacity needed to serve new customers. He provided a summary of Reimbursement SDCs and Improvement SDCs and reviewed how the fees are set. He noted the recommendations from the SDC Committee, which included: I) that residential wastewater SDCs continue to be based on habitable square footage, 2) that commercial water SDCs be based on meter size, 3) that commercial sewer connection SDCs be based on fixture count, 4) to replace brackets in the SDC calculation with actual habitable square footage, 5) to consolidate SDC funds from five to two, and 6) for the SDC Committee to meet annually to review the project list and expenditures. Mr. Pigott clarified habitable square footage would not include a heated garage and explained the SDC Committee attempted to affect a reduction in the footprint size by sending a price signal through the SDC. Mayor Morrison questioned the rational behind using the habitable square footage as opposed to the total square footage and requested staff look into this. Council questioned how a swimming pool would be handled. Ms. Brown clarified there is language in the ASHLAND ('lIT COUNCIL MEETING OCTOBER I7, 2006 PAGE 2 of7 resolution that allows the City to apply a different fee for water use over and above that of standard housing. Mr. Pigott added that SDCs typically do not address pools, but this does not preclude the City to apply a different methodology for that development. Councilor Hartzell expressed concern with only counting heated space and does not believe the City will capture the cost of growth if they start having a lot of houses with indoor and outdoor pools. Ms. Brown recited the language in the proposed resolution that allows for different calculations to be applied to developments with special or unique situations such that the calculated fee is grossly disproportionate to the actual impact of the development. Councilor Hartzell stated that she does not think this is adequate. Mr. Pigott reviewed the remainder of the SDC Committee's recommendations, which are to include: 1) a cost allocation between existing and future ratepayers for larger projects, 2) a basis for allocating costs between residential and commercial, and 3) a reduction in sewer SDCs. Mr. Pigott also reviewed: 1) proposed revisions since the last Council briefing, 2) project cost revisions, 3) new water and sewer projects, and 4) the revised SDC calculations for water reimbursement fee, water improvement fee and wastewater reimbursement fee. He also noted the overall SDCs in the Rogue Valley. Council questioned if there would be an advantage for the City to reallocate the Food & Beverage Tax to something else so they would gain the reimbursement element for the City's treatment plant. Mr. Pigott stated if the City were to allocate sewer rate revenues to pay the debt service than as those revenues are paid for, that service would become SDC eligible. Mr. Tuneberg agreed and added that shifting the Food & Beverage would require payment for the debt service through rates, so rates would go up. Councilor Hartzell commented that it doesn't seem that the mechanism is there to appraise the level of demand "~, yI for yard and pools. Ms. Brown stated that there are two pieces, the SDCs themselves and rates. She added the mechanism is in place, however it has not been used in the past. Councilor Hartzell voiced her interest in seeing more of a blend of the development community and lay community on the SDC Committee. Ms. Brown clarified the Mayor and Council could change the make-up of the Committee. Public Hearing Open: 7:45 p.m. Public Hearing Closed: 7:45 p.m. Support was voiced for moving forward with the proposed resolution. Councilor Silbiger commented that they need to get something in place and ifthey come up with a better methodology, they can act on it at that time. Councilor Jackson/Silbiger mls to accept the change in water and wastewater SDC methodology and approve the SDCs established by the resolution. (Resolution #2006-27). Roll Call Vote: Councilor Hardesty, Chapman, Silbiger, Hartzell, Amarotico and Jackson, YES. Motion passed. Councilor Hartzell motioned to bring this back before the convening of the SDC Committee, to look at the composition of the Committee, and ask the Committee to look at that form of assessment (habitable space or fixtures). Motion died due to lack of second. Comment was made that the Committee resolved the fixture issue and there was no real benefit to the fixture versus square footage assessment. Councilor Hartzell explained her motion and stated the intent was to ask staff to look again at this issue. Mayor Morrison stated this is sufficient direction for staff and added that he would look at the make-up of the ASHLAND CITY COUNCIL MEETING OCTOBER 17, 2006 PAGE 3 of7 Committee. 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. Mayor Morrison read aloud the Public Hearing Procedures for Land Use Hearings and called the public hearing to order at 7:56 p.m. Exparte Contacts Councilor Amarotico declared a potential conflict on interest; he has a family member who lives opposite this property on Randy Street. He stated this would not affect his ability to make an unbiased decision and he has not discussed this project with that person. Councilor Chapman stated he was the Council Liaison for the Tree Commission when this application came through, but this would not affect his ability to make an unbiased decision. Councilor Jackson noted she is the Council Liaison for the Planning Commission; she was not present for any ofthe public hearings, but was present when the Findings were adopted. Councilor Hardesty stated she has briefly discussed the project with staff and has driven by the property. Mayor Morrison stated he has only read the record. Councilor Silbiger stated he had an inadvertent site visit about a month and a half ago. Councilor Hartzell stated she has read the materials. Assistant City Attorney Richard Appicello clarified a site visit is not technically exparte contact, but it is required to be disclosed. He also clarified if an individual councilor has received information beyond what is included in the planning record that also needs to be disclosed at this time. Staff Report Interim Community Development Director Bill Molnar and Senior Planner Maria Harris presented the staff report. Ms. Harris stated the application needs two planning approvals. The first is for outline plan approval of the subdivision; the criteria are listed in 18.88.030(a). The second piece requires an exception to the street standards; the approval criteria are listed in 18.88.050(f). Ms. Harris displayed a vicinity map and explained the property is zoned single-family residential, R-I-5. There is currently a single-family residence, a large out- building that houses an indoor pool, and a small accessory building on the site. Ms. Harris noted the trees and wetland areas on the property, and pointed out the site is the location ofthe historic Helman Baths. Ms. Harris provided an overview of the proposal. She noted the project includes a new street through the project, explained where the sidewalks would be located, and stated the utilities to serve the development are available. She explained the proposal is to divide the property into 18 lots for residential purposes; 17 of the would lots would accommodate new single-family residences, and the large parcel which is referred to as Lot 18 would incorporate the existing home, pool house, and some ofthe wetlands. Ms. Harris stated the Planning Commission approved the proposal and explained the condition they added for open space to be created at the wellhead that serves the pool. They also required a conservation easement or deed restriction be placed on the spring that would protect the resources and perpetuity and that the homeowners association would have the first right at the remaining water rights. Ms. Harris noted the majority of the Planning Commission's ASHLAND CfTY COUNCIL MEETING OCTOBER 17, 2006 PAGE..J of7 discussions focused on the significant existing and natural features and on the street improvements. Ms. Harris reviewed the approval criteria and explained the hearing authority needs to make a decision as to what is a "significant" feature and therefore preserved in open space or common areas. She stated the Planning Commission approved the outline plan to create 18 single-family residential lots and the exception to the Street Standards with 34 conditions. She noted the Findings are included in the Planning Record and stated this is a time sensitive issue. Staffs recommendation is that the Planning Commission's decision be upheld. Staff clarified that the Historic Commission did not review this project since the property is not located within the Historic District. Applicant Devian AguirrelMs. Aguirre explained this appeal is unusual and that it is ajoint appeal. She explained she and the appellants are united in that there are issues they wish to further discuss and tighten. Chris Hearn/Representing Co-Appellant and Applicant Sage Development, LLClMr. Hearn noted that the applicant has joined the appellants and stated Ms. Aguirre does not want anything to go into the neighborhood that will not work and be livable for everyone. Mr. Hearn presented a PowerPoint presentation that addressed: 1) water issues and language change, 2) water related errors, 3) traffic mitigation errors, 4) procedural errors, and 5) issues deferred to final plan. Mr. Hearn applauded the applicant for taking so much time to meet with the appellants to find common ground. (Presentation was submitted into the record as Exhibit 2.) Robert Coffman/Senior Hydrologist, Cascade Earth Sciences/Commented on the geothermal analysis that was done and noted the second report included a much more rigorous assessment of the different springs on the site and the geothermal potential. Council questioned why it is significant to make the wording change to "geothermal" in the language. Ms. Aguirre stated this would simplify it and give all the water one name, and clarified all the water has the same source. Councilor Hartzell/Chapman m/s to extend public hearing until 9:30 p.m. Voice Vote: all AYES. Motion passed. Opponents and Their Representatives Cyndi Dion/897 Hillview DriveINoted Chris Hearn does not represent her and she is one of the five appellants. Ms. Dion thanked Ms. Aguirre for signing onto this appeal. She commented on water issues and stated the well is an artesian well and they do not know how much water is emerging from it. She explained how the water flows from the well to the pool holding tank to the pool itself and explained how it eventually enters Bear Creek. She expressed her interest in diverting this water to the wetlands and if possible reducing the amount of runoff that is happening. She also stated she would like to make sure the pool, holding tank, and well are all considered existing features as well as the springs. Lila Appleberry/704 Willow Street/Stated her childhood was spent in a culture that holds reverence for nature and natural features, and stated Ashland has culverted, capped and paved so much of the natural springs and water. She stated they need to ensure they preserve and enhance this special piece of property. Kindler Stout/130 Orange Street/Commented on the policy for setting LIDs and stated the non- remonstrative agreements are no longer viable. In this appeal, he noted they are asking the Council to set a ASHLAND CITY COUNCiL MEETiNG OCTOBER 17, 2006 PAGE 5 of7 new policy on developer participation in neighborhood traffic costs. Art Bullock/Commented on AMC 18.80.020(b )(7) which requires access streets into the development to be improved to existing city standards, which he stated was not done in this case. He commented on the non- remonstrance agreements and stated they are effectively worthless and there is no replacement. He asked the Council expedite a solution to this issue. He also stated there is no requirement that the developer be involved in the Laurel Street LID. Mr. Bullock commented that normal plants would not grow in geothermal water, and stated it is important to distinguish what kind of water is going into the wetlands. He stated there were dozens of errors in the planning record, but they have resolved those with Ms. Aguirre and are bringing forward remedies for the Findings. Those wishine: to provide Testimonv Thomas Doty/2025 Tolman Creek Rd/Commented on the Native American significance of the Helman Springs and stated this is a sacred site. He explained the springs were part of a healing path of springs, and noted the other springs along this path. Mr. Doty urged the Council to consider the Native American significance of the springs as a sacred site and asked for some accommodation to be made in this natural area for a Native presence. He offered to act as a liaison between the City, the developer, and the Native American groups to see this happen. Assistant City Attorney Richard Appicello clarified if Council has questions that are not in the record they need to be asked before the close of the hearing. If Council has questions of staff about things included in the record, they can ask this after the close of the hearing. Councilor HartzelVAmarotico m/s to continue the Public Hearing until November 7, 2006. Voice Vote: all AYES. Motion passed. PUBLIC FORUM Pam Vavra/2800 Dead Indian Memorial Road/Spoke regarding the city's ordinance prohibiting placing literature at residences. She questioned whether this applies to notes left by neighbors and candidates running for public office. She believes that this is inconsistent with the community's desire to keep campaign costs low. Ambuja Rosen/Requested the City adopt an anti-tethering ordinance and asked that they establish a minimum space size that cats and dogs can be confined in. Lois Hamilton/686 Helman Street/Stated the expansion of Mt. Ashland is a huge issue and does not think Mt. Ashland should be expanded. She suggested Mt. Ashland Association use what they have and make it better, not expand, and asked that they not encroach on the watershed. Art Bullock/Commented on the Jackson County commissioner's ordinance on rural use zoning and stated the City of Ashland and Friends of Jackson County have filed an appeal to LUBA. He requested an opportunity to discuss these issues and work together and stated he appreciates the City filing this appeal. Nick Frost/224 Third Street/Commented on Mt. Ashland expansion and stated he does not think they should be logging until the business plan has been released and the appeals are done. He stated the damage to the watershed could increase sedimentation and reduce flow and voiced his opposition to using the Medford TAP, except under emergency circumstances. Mr. Frost stated there is a chance Medford could begin fluoridating their water and stated the City needs to consider the costs and implications of using Medford water. Anna Boyd/216 Central AvenueIThanked the Council on behalf of the participants of watershed week. Ms. Boyd commented on the events that took place and encouraged the Council to look at the larger picture if ASHLAND CiT}' COUNCiL MEETiNG OCTOBER 17, 2006 PAGE 6 of7 MAA is allowed to proceed without an inquiry into the economic and ecological costs of the project. She stated such an inquiry would likely reveal there is not adequate money for phase one of the expansion and for restorations, that growth projections are unrealistic, that MAA does not have a reasonable hope of completing the project through phase three, and it is the fully realized development that the proponents support. She stated if MAA proceeds with a lawsuit against the City, they will view it as a lawsuit against the taxpayers and urged the Council to stop the expansion and work with MAA to address current environmental damage and creative solutions to upgrade existing development. City Attorney Mike Franell clarified AMC Section 9.08. I 80 states that you cannot leave any paper materials, flyers, etc. on public or private property without permission from the property owner. Council asked staff to look into this issue. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Second Reading by Title Only of an Ordinance Titled, "An Ordinance Amending the Ashland Municipal Code Relating to Adoption of the 2004 Oregon Fire Code." Councilor Jackson/Chapman m/s to approve Ordinance #2932. Roll Call Vote: Councilor Amarotico, Jackson, Chapman, Hartzell, Hardesty and Silbiger, YES. Motion passed. UNFINISHED BUSINESS 1. Release of Draft City Charter for Public Comment. Management Analyst Ann Seltzer presented the staff report. She explained the draft Charter reflects the recommendations of the Charter Review Committee with the exceptions of Recommendations # 1, #2, and #4; and reflects input from the individual councilors. She stated the draft should be viewed as a springboard for public comment, not as the final document to be sent to the voters. Staffs recommendation is to release the draft Charter in its current format for public comment, with a Special Meeting scheduled for November 2, 2006. Art Bullock/Shared his concerns with the design of the public comment meeting and suggested the Council propose three different options for the ethics language: 1) what is currently in the draft charter, 2) an outline of the code of ethics, and 3) the full code of ethics. Mr. Bullock also commented on the water language and asked that the Council present the draft with options. Councilor Hartzell/Amarotico m/s to extend meeting until 10:30 p.m. Voice Vote: all AYES. Motion passed. Pam Vavra/2800 Dead Indian Memorial Roadrrhinks it is confusing to have the new charter and a separate amendment on the ballot. She suggested placing two separate charter proposals on the ballot, one that is consistent with the current form of government and the second with the change to city manager form. She also asked that the Council consider including other options, such as Instant Run-Off Voting. City Attorney Mike Franell clarified the underlined language in the draft reflects additions that were made based upon comments from the Council and the bold underlined text reflects changes from the model charter. He added the text that is not bolded is consistent with the model charter. Mr. Franell also provided an explanation of how the charter and form of government amendment would appear on the ballot. Mayor Morrison asked the Council if they supported releasing the draft Charter for public input. He stated staff needs direction on this issue, and if the Council does not want to move this ahead they need to say so. Councilor Jackson voiced support for moving forward and noted the reason the Council decided to have a separate measure for the city manager form of government was because the Council could not agree and felt ASHLAND CiTY COUNCiL MEETING OCTOBER 17, 2006 PAGE 70f7 the voters should decide this. Councilor Hardesty also voiced support for moving this ahead and suggested that the November 2 meeting be arranged in such a way that provides the public ample opportunity to provide input. She suggested they set up different tables for each issue, and for the Charter Review Committee members to be present. Councilor Hartzell commented on Section 31 (b )(2) and asked if this language would allow the Council to remove a fellow councilor without voter input. Mr. Franell clarified this language was carried over from the existing charter and noted staff was given direction to retain the powers of the Council as they are in the existing charter. He stated in this situation the Council would have to follow due process and are required to submit a notice and have a public hearing. He added the Council could insert a definition for disorderly conduct if they wish. Councilor Silbiger noted that Section 32 needs to state that the vacancy will be filled within 60 days. Mr. Franell shared his concerns with the existing water provision language. He noted he has four alternate language scenarios and would be happy to include any others. He also clarified the final document will be in readable form and all of the bold, underlined and italic editing will be removed. City Administrator Martha Bennett clarified staff has discussed an open house format for the November 2 meeting. She stated they would establish a way to record the comments from the different stations and transcribe them afterwards so they can be distributed to the Council. Mayor Morrison suggested the councilors be free floating during the meeting so they can visit all ofthe stations. Councilor Chapman expressed his desire to resolve the water language issue. Councilor SilbigerlJackson mls to send the Charter out for public comment. Voice Vote: Councilor Hardesty, Amarotico, Jackson, Silbiger and Chapman, YES. Councilor Hartzell, NO. Motion passes 5-1. NEW AND MISCELLANEOUS BUSINESS (None) ORDINANCES. RESOLUTIONS AND CONTRACTS cont. 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. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Report from Council Committee on Council Rules. Delayed due to time constraints. ADJOURNMENT Meeting was adjourned at 10:30 p.m. Barbara Christensen, City Recorder John W. Morrison, Mayor CiTY COUNCIL STUDY SESSlOiV OCTOBER J::, 2006 PAGE / 0/3 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL October 12,2006 Civic Center Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Morrison called the Study Session to order at 5:20 p.rn. in the Civic Center Council Chambers. ROLL CALL Councilors Hardesty, Hartzell, Jackson and Chapman were present. Councilors Amarotico and Silbiger were absent. 1. Discussion of Goals for Transient Occupancv Tax Use Administrative Services & Finance Director Lee Tuneberg presented the staff report. He stated staff is requesting Council discuss and provide guidance on the use of revenue generate by the Transient Occupancy Tax (TOT), and explained the current TOT resolution has a sunset clause and the resolution will be expiring soon. Mr. Tuneberg listed the following topics for Council discussion: . How much do we get each year? · What percentage of TOT revenue does Council want to go to the General Fund and what percent go toward economic development and visitors convention services? . How could we increase the funding for visitor services or economic development? . What other activities could the City fund with these revenues? . Can we raise the TOT rate above 7%? . How can we give better direction to the Budget Committee in awarding grants? · Should the Chamber of Commerce and Oregon Shakespeare Festival do an annual application for the amount they need for that year's activities or should they receive a fixed amount? . Should someone other than the budget committee award the grants? . How do we ensure that the money granted is used, as intended and effectively? . Should we do two year grant awards like the City does for social grants? . Should we have a more streamlined application process and/or reporting for very small grantees? . Do we have particular goals for visitors services that would change the application process? Council discussed the reasoning behind allocating a fixed dollar amount to the Chamber of Commerce and OSF made in Resolution 1998-02. It was explained that this was done to give some predictability to the larger organizations and it recognized that these organizations were different (comment was made about comparing "apples to oranges" and that this Resolution fixed that). Mr. Tuneberg provided an explanation of the change that occurred three years ago regarding the State statute on the amount of money spent on tourism and stated this change required the City to change its process. He stated when the law came into place, the City was required to look at what it spent on tourism the year before and that dollar figure had to grow with the budgeted revenue. He clarified the State sets constraints on the use of this money and noted the dollar amount spent on tourism cannot decrease. He also clarified the definition of "tourism" is set by the State, however the City has the ability to define "cultural development". Councilor Jackson commented that the smaller grantees generate a lot of work for staff, and the Council should be conscience on this. Additional comment was made that the amount of money awarded to these grantees is sometimes less that what it costs for staff process. Mr. Tuneberg noted the minimum grant the City awards is $1,000 and agreed there is substantial work to administer the grants and voiced support for making this process smoother. Tr I CITY COUNCIL STUDY 5,'ESS/ON OCTOBER I:!. 2006 PAGE 2 (d3 Comment was made suggesting the City evaluate the grants in terms of the following goals: 1) cultural development, 2) economic development, and 3) meeting and State's tourism requirement. City Administrator Martha Bennett voiced support for this suggestion and noted that some of the money awarded will address all three categories. Council continued their discussion on how to address the questions listed by Mr. Tuneberg. Suggestion was made for the Council to tackle the hard question of "What do we want to accomplish with this money" first and then let the form follow later. Mr. Tuneberg agreed that Council should define what they want to accomplish first and then fine tune or restructure the process afterwards. He added that it would be great if the Council could define what they want to accomplish before the grant applications go out at the beginning ofthe year. Council briefly discussed the possibly of raising the tax and/or using the TOT money for other uses, such as paying down the AFN debt or using it to fund the start up of an Economic Development plan. Mayor Morrison voiced his concern with discussing a possible raise in the tax before determining what this money would be used for. Ms. Bennett suggested the City's Comprehensive Plan would be a good starting place for Council's discussion on what they want to accomplish. She stated that staff could put together a tentative list of goals/outcomes and survey other communities to find out what their TOT is. She requested that each councilor make a list of what they want to accomplish with the TOT funds and submit it to staff. Staff will compile this information and distribute it to the Council. Mr. Tuneberg clarified the minimum action the Council needs to take before the next budget season is to adopt another resolution. 2. Discussion of FY 2007-08 Bud2et Process and Calendar Administrative Services & Finance Director Lee Tuneberg explained that the budget process goes on all year long and that the guidelines are laid out by the State. He commented on the surveys that were received from the Budget Committee members and submitted the results of those surveys to the Council. He also noted that the budget process and history is included in the staff report. Mr. Tuneberg commented on the elements that lend to the complexity of preparing the final budget document, which include: . Setting Council goals. . Updating financial plans and rate models. . Capital Improvements. . Social and Economic grant processes. . Including the Parks Commission budget within the City's process and document. Mr. Tuneberg reviewed how the City works to train the Budget Committee, and noted that regional classes are held, he walks the members though the "Ashland way", and also meets one or one or is small groups with the members to help them better understand. He stated the process seems to work well and questioned if the Council would like to make any changes. Mayor Morrison commented on how to make people more comfortable at the meetings and suggested serving coffee, tea, and cookies. He also questioned if there was a way to more clearly delineate what in the budget is constrained and what is not and to break it out so it is obvious to the Committee. City Administrator Martha Bennett stated that the budget is a plan and they need to have clear goals and objectives from the outset. She stated it is all about what services the City wants to offer and at what level. Councilor Chapman shared his perspective of going through the budget process last year and felt as if most of the decisions had been made by the time it came to the Committee. He requested that staff more clearly indicate what they would need to do to meet budget targets and identify possible repercussions. CiTY COUNCIL STUDY SESSION OCTOBER I;:, 2006 PAGE 3 0/3 Mr. Tuneberg explained that there are kick-off meetings in January or February of each year to discuss trends, revenue streams and this gets presented as a preliminary list of assumptions. He clarified at this point staff has not started to develop their budgets. Councilor Hartzell suggested the budget process start earlier in the year. She stated she would like to see the Council make some clear decisions to give staff guidance and suggested increasing communications with the Committee members throughout the year. Mayor Morrison noted the importance of the Council having their goals set. Ms. Bennett noted there is a Study Session scheduled for November for the Council to discuss the goal setting process and stated the Budget Committee members would be invited to attend. ADJOURNMENT Meeting adjourned at 7:05 p.m. Respectfully submitted, April Lucas, Assistant to City Recorder ASHLAND AIRPORT COMMISSION SEPTEMBER 5, 2006 MINUTES MEMBERS PRESENT: RICHARD HENDRICKSON, PAUL WESTERMAN, BOB SKINNER, BILL SKILLMAN, GOA LOBAUGH, TOM BRADLEY, RUSS SILBIGER STAFF: DAWN LAMB MEMBERS ABSENT: CLAUDIA STOCKWELL, LINCOLN ZEVE Visitors: 1. CALL TO ORDER: 2. APPROV AL OF MINUTES: 3. Public Forum: 9:30 AM August I S\ 2006, minutes approved with corrections. 4. OLD BUSINESS: A. Burl Brim Hilltop Helipad Development Lamb met with Bill Phillip and Mike Ussary from Brim Excavation to discuss the lease options and the estimated cost of the utility construction. Brim had planned to attend the meeting, but was called away unexpectedly. Phillip and Lamb brought Ussary up on the topics. Ussary was willing to work up an estimate on the cost for the utility corridor. DeBoer felt that the cost of the land was worth a higher lease rate and that the cost at fair market value needed to be investigated. The traditional lease may not work or apply in the situation. Lamb commented that the lease with Sky Research set a standard for commercial leases at the airport and some continuity would need to apply. The helipad constructed by Brim would be a benefit to all helicopter flights coming in and out of the airport. The expectation for Brim to assume all the costs for the construction needs to be averted. The gain of the utility and the growth of the area for other services needs to be kept in mind. Skillman commented that because of the different location of the operation qualify Brim from being subject to existing lease arrangements. DeBoer felt that Brim would be an FBO operating on the upper parcel and needed to be subject to all the fees and regulations of an FBO. Currently Brim is only servicing fuel to his own aircraft and not selling fuel which is applicable to a fuel flowage cost. Skinner agreed that the pad would become a public helipad and Brim would have the opportunity to sell fuel to incoming helicopters. DeBoer still felt the lease should be tied to the market value of the property and the lease discussion would need to go before council for approval. For Skinner to be able to serve fuel on the helipad, a connection to Airport Road would need to be extended for the fuel trucks to drive up to the upper parcel. The extension of the road is in the Master Plan and will eventually happen. The taxiway connection scheduled for the next AlP would be to steep to accommodate a vehicle. Lamb will continue to work with Brim personnel for pre-application submission, grant opportunities and the lease options. Lamb will contact Brim regarding the fuel flowage for the site. B. Strategic Planning Action Items: No action this month. 4. NEW BUSINESS: A. Pavement Maintenance Plan Schedule & Scope NOT AM will list closures needed to complete the taxiway and runway crack sealing. The contractor will be working with Skinner to clear dates and times. The contractor is aware of the 9gers fly in and will work to avoid those dates for work. C:\DOCUME-1\shipletd\LOCALS-1\Temp\Sept 52006 AC.doc 1 11' I B. Hangar Addressing The marking of the hangars has been a needed improvement for some years. While looking at the best ways to mark the hangars for clarity in an emergency situation, the fire department worked with staff to renumber the hangars in a more intuitive system. Staff worked with Skinner staff and all are in agreement that some of the current numbers would be adjusted for flow and to accommodate future addressing on the field. Staff will be applying numbers and sending out letters to the hangar oC'iupants making them aware of the updates. C. CAP Lease Update Lamb drafted a letter to the current CAP commander on the impending rental rate. DeBoer asked for the letter to state that the aircraft could be liened if passed assessed costs are not collected. Skinner commented that the lease currently does not have a clause and doing a retro assessment if they are not in violation of the lease would be an unwelcome approach. There is a clause about no personal storage in the hangar. It is solely for CAP owned aircraft or completely dedicated to CAP activities. If any personal use can be proven then the rate should be charged. Skillman agreed that they should pay the vintage closed hangar rate. Make the date effective September 1 S\ 2006. No outside storage on the airport should be allowed to keep the airport safe and secure. 5. AIRPORT MANAGER REPORT/FBO REPORT/AIRPORT ASSOCIATION: A. Status of Airport, Financial Report, Review of Safety Reports Hillsboro airport is undergoing growth and at the AlP meeting, the City of Ashland was mentioned as an example of how to operate and on our good work. Activity has been up for the warm days. Need to have some painting done at the airport and can the stop bar be painted where the stop sign is. 6. OTHER: Airport Association will be making greeting efforts for the 99 Fly In. There will be a welcoming party and some help with shuttling the members to and from the conference site at the Ashland Springs Hotel. 7. NEXT MEETING DATE: October 3rd, 2006, 9:30 AM ADJOURN: Meeting adjourned at 10:20 AM C:\DOCUME-1\shipletd\LOCALS-1\Temp\Sept 5 2006 AC.doc 2 Bicycle & Pedestrian Commission September 21st, 2006 Regular Minutes Council Liaison: Staff: RVTD liaison: High school liaison: Tracy Harding, Arnold Bleicher, David Young, Chair Dylan Robbins, Selene Aitken. Jim Olney, Paul Rostykus (absent) David Chapman (absent) Derek Severson, Associate Planner; Steve McLennan, Police Officer Paige West, R VTD/TDM Planner Vacant SOU liaison: Nathan Meyerson (absent) Roll Call: Call to Order Robbins called the meeting to order at 5: 15 p.rn. Approval of Minutes - Auaust 17th, 2006 Harding/Aitken m/s to approve the minutes of August 17th, 2006 as presented. Voice vote: All A YES. Motion passed. Newly appointed commissioner Jim Olney was introduced to the Commission. Public Forum Madeline Hill of Mountain Meadows noted that they were looking at remodeling the five-year old Parkside IV condominiums, and were looking at some alterations to the approved bicycle parking arrangement. She explained that individual units had sheds which were intended to provide scooter parking, and that they were hoping these sheds could be used to provide required bicycle parking. She questioned whether they needed to provide all ten spaces required under their original planning approval, and noted that they had letters from architectural firms indicating that other communities did not require bicycle parking for this type of development. She added that the nearby clubhouse has bicycle parking in place for employees, and that they would still retain some spaces on site for guests. She also suggested that they would like to have alternative designs considered. Severson explained that he would need to look into the original approval and the details of the proposal, but that he could follow up with Hill as to her options. He also noted that alternative bicycle parking designs would have to be brought before the Commission for approval. An audience member asked that the City consider rubber sidewalks made from recycled tires. She noted her concern with run-off created by the use of concrete sidewalks, and added that the rubber sidewalks are tree-friendly, easier to maintain, and very durable. She provided a website reference (rubbersidewalks.com), and Severson indicated that he would pass this on to the Public Works/Engineering Division. He added that there was a current city standard that specified concrete, and that a change would likely require research through the Engineering Division and adoption of a new standard by the Council. . Egon Dubois, bicycle safety instructor for the Bicycle Transfortation Alliance (BTA), noted that the Willow Wind School would be conducting a bike-a-thon on September 30t , and that 6-12 year olds would be riding laps to raise money for a barn on the school property. He noted that prizes were still needed, and that he would be contacting the Parks Department to see if they would be willing to provide helmets, ice rink tickets, etc. Dubois also raised the issue of signage along A Street at the intersections with Sixth, Seventh and Eighth Streets. He explained that he had brought this up months ago, and that he was still concerned that vehicles entering the alley behind the buildings along A Street are traveling at excessive speeds and are unaware that there might be pedestrians or cyclists in the alley area. He suggested that signage could be placed on the poles with existing "Creek to Crest" signage. Severson indicated that he may have failed to pass this along to Engineering and Traffic Safety Commission when it was last raised, but stated that he would follow-up with Jim Olson. 2006-0921 Bike & Ped minutes Page 1 of4 Dubois noted that the stop sign at the intersection of B Street and Water Street had been removed during the street closure for the nearby bridge construction, and had never been replaced when the street reopened. He expressed concern that this created a hazard for motor vehicles, cyclists and pedestrians. Severson and MacLennan both indicated that they would follow up with Engineering, Traffic Safety and the Street Department. BudQet Update Severson noted that a budget update memo had been provided in the packet materials, and that no new expenditures had occurred in the past month. Subcommittee & Liaison Reports Severson explained that the City Council wanted to conduct a survey of all members of all Commissions, and asked whether members wanted to discuss their responses tonight. Members indicated that they had received copies of the survey by mail. After discussion, it was agreed that members could prepare individual responses to the survey before next month's meeting or simply consider responses for discussion at the next meeting. It was clarified that the survey were not required to be a consensus of the whole Commission, so individual responses could be compiled by staff, a group response prepared by the Commission as a whole, or individual members could respond confidentially on their own. Severson stated that he would include the survey as a discussion item for the next agenda. Car Free Day Members discussed event details and logistics, and asked that those who could assist with the event be on Oak Street by 1:00 p.rn. West noted that the car free-themed movie hadn't worked out with either the Varsity Theater or the Medford Parks Department. She stated that the hope was to screen a movie in Mayas part of Bike to Work Day/Week, and she noted that the winners of the next "Bike First" program would be announced in Mayas well. Young/Aitken mis to reimburse Tracy Harding up to $100 for her expenses in screen printing T-Shirts and copying promotional materials for Car Free Day . Voice vote: All AYES with Harding abstaining. Motion passed. Int'I Walk/Bike Scooter to School Day/Week West provided background on the event, and noted that the primary focus of the week's events would occur at 7:30 a.m. on Wednesday, October 4th with volunteers leading groups of walking, biking and scootering kids to individual schools. She added that interested volunteers could contact the individual event coordinators for each school (Wendy Connor at Walker, Paul Rostykus at Helman, Tatiana Brendakin at Bellview, and Egon Dubois at Willow Wind). West pointed out that the Siskiyou School on Clay Street is expanding, and as part of that process is working with the Traffic Safety Commission to get school zone signage installed. Bear Creek Greenway Festival Members noted that the planned group ride to Blue Heron Park in Phoenix for the festival on September 23rd had been cancelled due to construction-related closures along the greenway. Members indicated that leading a group ride along Highway 99 was not something they wanted to pursue. Robbins noted that the Ride the Rogue ride would be occurring on Saturday as well, and that he would be participating. West gave background on the Greenway event and the efforts being made to increase its exposure. West added that next year, the Greenway event and Car Free Day would fall on the same day, Saturday, September nnd. She stated that she hoped for more coordination between the two events next year. 2006-0921 Bike & Ped minutes Page 2 of 4 Election of Officer(s) Young nominated Harding to serve as Vice Chair. Harding indicated her willingness to accept the nomination, and all members present unanimously supported her appointment. Bicycle Transportation Alliance (BT A) FundinQ Request/Ideas for Use of Bike Swap Funds Severson gave background of the discussion that had occurred over the past two meetings, and noted that he had prepared a memo included in the packets outlining the issues. He noted that he had contacted the BTA and discussed the possibility of creating a self-sustaining Ashland based program separate from the BT A. He said that they had seemed willing to work with the Commission if this was the path chosen, and he noted that they told him of a similar situation in Bend where a private non-profit had formed to take the program over from the BT A there. He added that in that case, the BT A indicated that they had given the private non-profit the program bikes, provided instructor training, and given them grant funds to partially support the program. He concluded that while this seemed to be a possibility, it could not be handled through the Commission directly as the Commission cannot appropriate funds or enter into contracts on behalf of the City. He explained that to pursue this option, a private non-profit would have to be formed, or an existing non-profit such as the Parks Foundation found to take the program on. West noted that R VTD was an option for taking on the program if that was the route chosen. Dubois noted that he had some concerns with regard to liability insurance costs for a private start-up local program, and also noted that there would be a need for staffing to provide administrative support. He emphasized that both of these things are currently covered by the BT A. West stated that she would look into the cost of liability insurance. Severson gave details of the BT A funding request, and noted that at the staff level there were some concern that if the decision was made to break with BTA now, it would result in a cessation of programs this year and a break in the near ten-year momentum of success that the program has built. He recommended that some consideration be given to continuing with the BT A until an alternative can be worked out. He noted that the desire of the Commission had long been to develop a self-sustaining program, and he suggested that the Bike Swap presented a means to that end by providing a self-sustaining funding source. He emphasized that providing $1,500 in Program Funds from the Commission along with a $1,500 match from Traffic Safety and $5,000 from the Bike Swap funds held by the Parks Foundation would meet the full request of the BT A, and leave the Commission with some funds remaining for the rest of the fiscal year. Dubois noted that BT A had recently brought a second instructor to Ashland to enable the larger number of classes they were proposing. Young/Harding m/s to provide $1,500 in Commission Program funds to the Bicycle Transportation Alliance for conducting 21 bicycle safety education classes in Ashland Schools during the current fiscal year; to request that the Traffic Safety Commission match this $1,500 payment to the Bicycle Transportation Alliance for conducting 21 bicycle safety education classes in Ashland Schools during the current fiscal year, and to recommend that the Parks Foundation provide $5,000 in Bike Swap funds to the Bicycle Transportation Alliance for conducting 21 bicycle safety education classes in Ashland Schools during the current fiscal year. Discussion: Members discussed whether this would impact the Parks Department, and it was noted that it was likely not a concern because Parks-sponsored bicycle safety classes were not proposed for this fall and the Bike Swap in May would replenish these funds. Dubois clarified that 21 classes would likely mean that some students would get the class twice, but he suggested that this actually helped insure that the lessons translated into behavioral changes. Voice vote: All AYES. Motion passed. Prioritization & Timeline to Implement Bike Friendly Community Recommendations Members discussed the recommendations and how current and upcoming items for Walk/Bike/Scooter to School Day, the Bike Month activities discussed for May, etc. would serve to address these recommendations. Relative to educational efforts West noted that the Department of Motor Vehicles would be distributing information on how to drive around cyclists. She added that she had recently written an article that she would e-mail to members, and added that anyone interested could forward it to the Tidings, the City Source, or school papers. Dubois suggested distributing stickers that read something to the effect of "Bikes on the Road - Give Them a 2006-092/ Bike & Ped minI/res Page 3 of 4 Brake!" Members discussed whether they could influence drivers' education curriculum in order to teach drivers early on to be safer around cyclists on the road. Members suggested preparing flyers, and contacting AAA about incorporating these concerns in their educational efforts. Severson stated that he believed there may be an educational DVD through the League of American Bicyclists that focuses on motorist education, and stated that he would look into it. Harding noted that there are 2-3 citations a week which could be offered diversion programs through the Municipal Court. Drivers could go through a bicycle safety education course to make them more aware of issues rather than having to pay a ticket. Young suggested developing a speaker's bureau that could give presentations before the Elks, Rotary and at Mountain Meadows, etc. Safe Routes to School Plan Development West noted that SAFETEA-LU funds would become available shortly for communities with adopted plans in place addressing the "Five E's". She suggested this would need to happen by the end of the year, and that grant funds would likely need to be applied for in November. It was noted that Traffic Safety had been made aware of this as well. West stated that staff time would likely need to be provided to participate in walk-about's to identify safe routes needs around each school. Severson noted that many of the facilities needs are already addressed in the adopted Transportation System Plan; he added that staff has previously been directed not to undertake any projects that would require significant additional time commitments because staffing levels and work loads are such that it would entail abandoning existing projects that in place to address existing council goals and priorities. New Business Harding stated that she would like the Commission to consider developing a program to purchase and distribute pedometers as a way to encourage walking. She noted that the Commission efforts are often heavily weighted toward bicycles, and discussed the success of pedometer distribution programs for Shakespeare Festival employees and other acquaintances. She suggested that she could look for model program information. Harding noted that there would be an all-day hike on Mt. Ashland to view the timber sale/expansion area before cutting begins. West suggested looking at holiday meeting schedules next month to make sure members' holiday plans don't conflict with the meetings. Robbins noted that he would be out for the next meeting due to a planned bike tour of Tuscany. AQenda Items for Next Month Commissioner surveys, Car Free Day and lnt'l Walk/Bike/Scooter to School Day de-briefings, discussion of purchasing pedometers for distribution, Adiournment The meeting was adjourned at 6:55 p.m. Upcoming Meetings: 5:15 P.M. Thursday, October 19th, 2006 - Regular Meeting in the Siskiyou Room 2006-0921 Bike & Ped minutes Page 4 of4 CITY OF ASHLAND Minutes Conservation Commission 09/27/06 These Minutes were approved by Conservation Commission at the October 25, 2006 Conservation Commission Meeting. September 27,2006-7:00 pm Community Development Building 51 Winburn Way Ashland CALL TO ORDER Chairperson Amarotico called the meeting to order at 7:04 p.m. in the Community Development Building. ROLL CALL Attendees: Risa Buck, Russ Chapman, Stuart Corns, Ross Finney, Jim Hartman and Melissa Schweisguth were present. Lindsay Gerken and Kathryn Houser were absent. City Council Liaison: Alex Amarotico, Kate Jackson Staff Liaison: Cathy Cartmill APPROVAL OF MINUTES Chairperson Amarotico asked for an approval of the September 27,2006 minutes. Cathy Cartmill elaborated on the florescent bulb program, clarifying the name of the program is Savings with a Twist, and includes many retailers: Ashland Hardware, Albertsons, Bi-Mart, Rite Aid, Big Lots, Medford Bi-Mart, Fred Meyer, Grover Electric & Plumbing Supply, Medford Rite Aid and Wal-Mart, Winco and Talent Wal-Mart. Commissioner Finney corrected spelling of Cadillac to catalytic on the bottom of page 2. Commissioner Chapman made a motion to approve the minutes of September 27, 2006 with stated corrections, and Commissioner Finney seconded the motion. Voice vote: all Ayes. The motion passed with a unanimous vote. The minutes of the Conservation Commission Meeting of September 27,2006 were approved. Commissioner Chapman made a motion to approve the Garbage Land Subcommittee minutes, submitted in writing to the Commission, and the motion was seconded by Commissioner Buck. Voice vote: all Ayes. The motion passed with a unanimous vote. PUBLIC FORUM Huelz Gutcheon spoke to the Commission regarding different types of energy used to supply homes and the energy comparisons. He supports education on all levels to help change industry standards and offered different suggestions to begin the process. CC Minutes 09 27 06 doc.doc Page 1 of 3 ASHLAND SANITARY & RECYCLING UPDATE: Commissioner Chapman acknowledged the article in the Farmers periodical about Standing Stone Brewery being one of the best places in the State of Oregon to have a hamburger. He reported about the new plastics program at the Depoe and hopes to expand in the future. Commission Buck remarked about recyclable shoes, brand name MION that came from recycled plastics and commended Russ Chapman and Ashland Sanitary for taking part in the new plastics program. This year will be the final year for Chipper Day at the transfer station and will be held on October 14. Free Leaf Drop off will be November th and 21 sl and will include potting plastic/containers this year. He thanked Commissioner Schweisguth and former Commissioner Prewett for their help with the plastic portion of this project. Commission Chapman reported the new Recycling Directory was now located on his web site: http://www.ashlandsanitarv.com. and will have a huge distribution through the Town Crier, Rogue Disposal and Ashland Sanitary. OLD BUSINESS David Chapman Brain Storming The Commission decided not to form a sub-committee at this time. Renewable Pioneers Renewal Cathy Cartmill reported to the Commission in order to offset the energy used by the Conservation Department, they would need to purchase 21 green tags. Commissioner Finney made a motion to purchase 25 green tags from Bonneville Environmental Foundation to offset the Conservation Department s energy use. The Commission discussed the different types of green tags that could be purchased, Wind and Solar (Cooler or Brighter). Commissioner Hartman seconded the original motion. Voice vote: all Ayes. The motion passed with a unanimous vote. Commissioner Hartman made a motion, if we get a volume discount the Conservation Commission should purchase Bright green tags, and if there is not a discount, they should purchase Cool green tags. Commissioner Schweisguth mentioned the Green Tag Brochure was outdated and didn't include the two different types of green tags for purchase. Commissioner Finney seconded the motion. Voice vote: all Ayes. The motion passed with a unanimous vote. NEW BUSINESS Membership in ICLEI Cathy Cartmill explained the membership in ICLEI use to be free, but now there would be an annual charge. The members discussed the project and asked staff to report to them with more information regarding the membership. City Council Commission Survey Set aside until after subcommittee reports. CC Minutes 09 27 06 doc.doc Page 2 of 3 SUBCOMMITTEE REPORTS 1. Garbage Land Sub-Committee Commissioner Chapman reported they would like to offer a public bus tour for solid waste info- structure in the valley around February or March of 07, which also directly responds to suggestions from the Garbage Land Event comment cards. 2. Education/Events Salmon Festival October ih Solar Tour, October 14th The members discussed Adopt a Street, and the stenciling program. Commissioner Hartman reported about his contact with Bi-Mart regarding donating or contributing to florescent bulbs recycling. The members discussed transition strategies and Commissioner Chapman reminded the Commission that Ashland Sanitary would pay for the recycling costs until the end of the year. 3. Green Business Commissioner Finney reported the subcommittee met 09/12/06 and discussed the business program guidelines including ongoing recognition, different levels of recognition, and education. COMMISSION ITEMS NOT ON THE AGENDA No subcommittee meetings scheduled for next month. Commissioners decided to put the Council survey on the agenda for next month, but reviewed some questions. ANNOUNCEMENTS Next meeting date, October 25,2006. ADJOURNMENT Meeting adjourned at 9:10 pm. Respectfully submitted, Mary McClary, Assistant to Electric Department CC Minutes 09 27 06 doc. doc Page 3 of 3 CITY OF ASHLAND ASHLAND HISTORIC COMMISSION Minutes October 4, 2006 Community Development/Engineering Services Building - 51 Winburn Way - Siskiyou Room Historic Commissioners Present: Dale Shostrom, Molly Owens-Stevenson, Terry Skibby, Henry Baker, Keith Swink, Jay Leighton, Tom Giordano Absent Commission Members: Rob Salad off, Sam Whitford Council Liaison: Alice Hardesty 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 Ms. Leighton made a motion to approve the minutes and it was seconded by Mr. Baker. The motion passed unanimously by the commissioners present. Mr. Giordano abstained as he was absent for a portion of the meeting. PUBLIC FORUM: No speakers PUBLIC HEARING Planning Action 2006-00612 160 Helman Street Site Review Siskiyou LLC/James Batzer Chairman Shostrom read the description of the proposed project. Ms. Harris reviewed the changes made since the last time the Commission looked at the plans. The most significant changes were the setback of the third story and a redesign of the front entry to look more like a storefront. She also explained that Staff had some concerns regarding the finished floor elevation on the West elevation being 3 'lh feet below the street grade, the mass and scale of the Van Ness corner building as it related to the residential transition area, a vision clearance issue with the support columns and how the applicant calculated the 65% non-residential component. Ms. Harris said that Staff recommends a continuance to allow the applicant to address these issues. Ms. Harris also pointed out to the Commissioners that the description "blurb" of this project on the agenda is incorrect. However the description was correct on the notice that was published and mailed out. Applicant, Mark Knox, 320 E. Main St. #202, voiced frustration over this project coming to the Commissions 5-6 times over the past 2 years and design standards not being made clear. He felt it unfair that new items of concern were brought up every time. Mr. Knox pointed out that the proposed corner building, set back 14 feet from the curb, created a "bookend" look with the building across the street which is setback 8-10 feet from the curb and is of similar mass. Also, there is an excess of right-of-way of about 12 feet on the Van Ness corner and with the 8 foot building clearance the design more than meets the vision clearance requirements. Ashland Historic Commission Minutes 11/2/2006 CITY OF ASHLAND The applicant's architect, Mark McKechnie, 4406 San Juan Drive in Medford, described the design changes including the entrance designs. He explained the drop on the corner to the entrance was only two feet below the grade on the corner. They raised the level of the 2nd floor for vision clearance and shortened the other floor heights to keep the overall height of the building down. On the Helman side, the drop is about three feet from the sidewalk level to the first floor level. Mr. McKechnie detailed the exterior materials as bronze metal for the roof, some elements of galvanized corrugated metal, stucco for the main body and brick for the projections, some horizontal siding for the residential recesses, black iron railings, steel sash windows and structural steel lintels. Mr. Skibby questioned how the proposed building aligns with the building across the intersection. Mr. McKechnie said there is an offset of about 6-8 feet. There was additional discussion regarding the corner entry and the design of the stairs and ramps and entry. Mr. Giordano felt the building had a "wedding cake" look with too heavy a bottom accented by the very strong horizontal band and the varying exterior finishes. There was discussion about bringing the stucco finish down for the actual entry and adding steeper roof projections to heighten the sense of entry. There being no one in the audience wishing to speak, the public meeting was closed. Ms. Harris confirmed that the plaza end corner building is 20,000 square feet. Chairman Shostrom reopened the public meeting in order to get clarification on some questions. He clarified with the applicants that the setback of the building was 14.5 feet. The building across the street is 8-10 feet. The.Commissioners discussed the exterior materials and the design elements to get consensus on the changes they want to recommend. Chairman Shostrom made a motion to recommend approval of the Site Review with the following design recommendations: . Building 2 o Corner entry feature needs more emphasis, strengthen vertical emphasis. The strong horizontal bands of the building on both street elevations need to be broken up. o Make the Helman & Van Ness corner entrance more prominent adding canopy roof to break up strong horizontal banding and using a common exterior finish such as stucco to differentiate the entrance from the sides. o Rework corner entrance "plaza" to be more pedestrian friendly including the relocation of the bike rack. o Second story awnings have too little depth to be in proportion to the building. . Provide exterior design details and material and color samples to full Historic Commission for approval prior to submitting for the Building Permit Mr. Giordano seconded the motion and it was approved unanimously. Ashland Historic Commission Minutes 11/2/2006 2 CITY OF ASHLAND OLD BUSINESS A. Planning Action 2006-00453 175 North Main Street Follow-up to the Conditional Use Permit and Site Review Approval First United Methodist Church of Ashland Beverly Thruston of 1105 Siskiyou Boulevard presented the design details as submitted on the building permit plans. She explained how the stained glass windows would be reused. She also commented that if cost becomes an issue, the project would be done in phases with the courtyard and arcade being done in Phase 2. The Commissioners were in support of the details presented. B. Ms. Leighton announced that she has submitted her resignation to be effective after the December Historic Commission meeting. She will be unable to attend the November meeting. 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: October 5111 October 1 ih October 19 October 26th November 2n November 9 PROJECT ASSIGNMENTS FOR PLANNING ACTIONS P A #2000-120 485 "A" Street (Steve Hoxmeier) l Shostrom ~ PA #2004-102 832 "A" Street (Ilene Rubenstein) Saladoff PA #2004-110 150 Church St (Robert M. Saladoff) Whitford P A #2004-138 234 Vista St (Sid & Karen DeBoer) Saladoff P A #2004-154 180 Lithia Way (Archerd & Dresner) Leiqhton P A-#2004-160 685 A Street (William Reeves) Swink PL#2005-01226 820 "C" Street (Randy & Helen Ellison) Shostrom PL#2005-01674 11 First Street (Ron Yamaoka) Skibby PL#2005-02105 145 East Main St (Urban Development Services/SERA Arch) Giordano/Baker PL#2005-01307 125 Sherman Street (Russ Dale) Shostrom PL#2006-00057 247 Third Street (Marc Valens & Anne Golden) Saladoff P A#2006-00441 160 Nob Hill (ARU-Dan Heller & Don Sever) Whitford P A#2006-00453 175 North Main (First Methodist Church Remodel) Swink PA#2006-00875 520 Fairview Street (Stewart Ward-Porch) Swink P A#2006-00877 A Street between 5th & 6th Streets (Tax Lot 6507 - Jerrv Kenefick) Leiqhton P A#2006-00612 160 Helman (Siskiyou LLC & James Batzer) Shostrom/Giordano D. (Continued) Historic Reconnaissance Survey - Review of the survey would be done at a special Study Session scheduled for October 23,2006 at 5:30 PM. C. Lithia Sprinqs National Reqister Nomination - No Report D. Sinqle Family Residential Desiqn Standards - No Report Ashland Historic Commission Minutes 11/2/2006 3 CITY OF ASHLAND E. Co-Sponsorship with Conservation Commission for Fall Workshop - No Report DISCUSSION ITEMS A. Commission Survey - Commissioners agreed to discuss their responses to the survey at the Study Session scheduled for October 23,2006 at 5:30 PM. NEW BUSINESS COMMISSION ITEMS NOT ON AGENDA A. 150 Lithia Way - Bob Kendrick submitted brick samples and other exterior detail information as requested by the Historic Commission. The wire mesh screening was eliminated and the windows and c-channels will be clear anodized aluminum instead of black. The Commissioners approved the details. B. 25 North Main - Allen Sandler shared a plan to add a 3rd story addition to the old Masonic Temple. Chairman Shostrom felt the windows weren't balanced and the design had a monolithic look. Commissioners felt that the cantilever design was rare in old historic buildings and suggested corbels be used. Suggested photos be included when the design plans were submitted. ANNOUNCEMENTS The Historic Commission Study Session will be on October 23, 2006 at 5:30 pm in the Siskiyou Room. The next Historic Commission meeting will be on November 8, 2006 at 7:00 pm in the Siskiyou Room. ADJOURNMENT With a motion by Chairman Shostrom and a second by Mr. Swink, it was the unanimous decision of the Commission to adjourn the meeting at 9:45 p.m. Ashland Historic Commission Minutes 11/2/2006 4 CITY OF ASHLAND ASHLAND HOUSING COMMISSION MINUTES SEPTEMBER 18, 2006 CALL TO ORDER Chair Weisler called the meeting to order at 6:30 p.rn. at the Community Development and Engineering Services Building, 51 Winburn Way, Ashland, OR. Commissioners Present SOU Liaison Faye Weisler, Chair Sunny Lindley, absent Bill Street Aaron Benjamin Council Liaison Liz Peck Cate Hartzell, present Don Mackin Steve Hauck Absent Members Staff Present Jennifer Henderson Brandon Goldman, Housing Specialist Carol Voisin APPROVAL OF MINUTES Mackin moved and it was seconded that the written changes by Benjamin and Weisler are attached to the July 31, 2006 meeting minutes. Voice Vote: Approved. PUBLIC FORUM Goldman said the Roy Wright housing market report is informational only. OTHER BUSINESS FROM HOUSING COMMISSION MEMBERS Voisin reported in to say she would not be at this meeting. She has committed to attending the meetings for the remainder of the year. Four unexcused absences are allowed each year. The Commission will discuss this further at the study session. Steve Hauck, newest Housing Commission member, introduced himself. He was instrumental in initial formation ofthe Housing Commission. PROJECT UPDATES Ashland Community Land Trust (ACLT) - Tom Bradley said ACLT was the recipient of the block grant this year for a four unit project on Bridge Street. They are expecting the funds to be released next month. They are looking for a builder. With regard to the Garfield project, the Planning Commission approved the site plan for two more units in conjunction with the existing six. Bradley said Larry Medinger and Madeline Hill want to re-visit bringing in a piece ofland adjacent to Mountain Meadows in the UGB and then into the City by annexation for a 60 unit development with 15 units affordable. Doug Irvine is going through an annexation on Clay Street, according to Bradley, and has approached ACL T as a partner for 17 units of affordable housing. NEW BUSINESS. Interagency Council on Homelessness Paul Carlson, Regional Coordinator, Federal Region X, spoke on the topic "How to End Homelessness in Ten Years." He noted that the Jackson County Commissioners have approved the development of a ten year plan and he said the Ashland Housing Commission could work with the County Commission, looking at the data and what type of housing can be supported. CDBG CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT - Review and Public Comment Period Goldman reviewed the three to five year goals and objectives (2005-2009) report as outlined in the packet. The purpose of the CAPER is to provide public comment. No one spoke at the meeting, however, the comment period is open until the end of September. Weisler left the meeting. Street completed chairing the meeting. REPORTS AND UPDATES. Subcommittee/liaison Updates Land Use - Diane Paulson, realtor, will be working on a commission basis for land acquisition for affordable housing. Finance - They have met with different non-profits to find out how they use trust fund money. Goldman will give an update on the Housing Trust Fund at the study session. Education -They are planning a Housing Commission TV information program for October 23rd from 6:00 to 7:00 p.rn. on RVTV. Weisler, the Mayor, Goldman and Ann Seltzer have agreed to be on it. They will be meeting October 4th from 5:00 to 6:30 p.m. to plan the prograrn. Pre.aoo Review - There were two applications reviewed by the subcommittee, both condominium conversions. Both applicants indicated their units would be rental units. liaison - Street will be meeting with some school board members this week to discuss affordable housing on school owned properties. MEETING AGENDA ITEMS Study Session Items - Goldman will put together a list of study session items for the meeting on September 26th. Regular Meeting Items - Lithia Lot Update COMMISSION COORDINATION September 26th - Study Session from 4:00 to 7:00 p.rn. at 51 Winburn Way October 10th - Planning Commission Hearing Condo Conversion October 16th - Housing Commission Meeting ADJOURNMENT - The meeting was adjourned at 8:40 p.rn. Respectfitlly submitted by, Susan Yates ASHLAND HOUSING COMMISSION MINUTES SEPTEMBER 18, 2006 2 CITY OF ASHLAND Council Communication Annual Ambulance License Renewal Meeting Date: November 7, 2006 Department: Fire & Rescue Contributing Department::.~ Approval: Martha Benne~VH Primary Staff Contact: Keith E. Woodley E-mail: woodleyk@ashland.or.us Secondary Staff Contact: None Estimated Time: Consent Statement: Ashland Municipal Code (AMC) Chapter 6.40.110 requires ambulance service providers operating within the City of Ashland to apply annually for an ambulance operator's license. Staff Recommendation: Staff recommends approval of the ambulance service license renewal. Background: The fire department has provided emergency services in Ashland since 1885. From 1926 to 1936, the fire department operated the ambulance service in Ashland, and in 1936 the ambulance service was sold to Litwiller Funeral Home. The fire department obtained its first medical response vehicle (Rescue 9) through community donations in 1973, and began providing first response emergency medical services to the community. In January 1996, the City of Ashland purchased the Ashland Life Support Ambulance Company and Ashland Fire & Rescue began providing ambulance services within a 650 sq mile ambulance service area in south Jackson County, known as ASA III. Ambulance services in Oregon are regulated by county governments, and within the City of Ashland they are required to obtain an ambulance operator's license. This license is renewed on an annual basis. Related City Policies: AMC Chapter 6.40.110 Council Options: Approve or deny renewal of Ashland Fire & Rescue's ambulance license. Potential Motions: Motion to approve or deny Ashland Fire & Rescue's request for ambulance license renewal. Attachments: Ambulance license renewal application. rA' CITY OF ASHLAND APPLICATION FOR AMBULANCE OPERATOR LICENSE AMC Ch. 6. 6.40 Applicant's Name: CITY OF ASHLAND Trade Name, if any: ASHLAND FIRE & RESCUE Address: 455 Siskiyou Boulevard Ashland OR 97520 Telephone number: (541) 482-2770 Ambulance descriptions Manufacturer Vin # License # 1. 1992 FORD WHEELED 1 FDJS34M4NHA34394 EXEMPT COACH 2 1992 FORD LIFELINE 1 FDKE30M7PHA05945 EXEMPT 3. 1996 FORD LIFELINE 1 FDKE30F8THA48282 EXEMPT 4. 1999 FORD LIFELINE 1 FDXE40F2XHA00469 EXEMPT 5. 2002 FORD LIFELINE 1FDXF47F63EA10341 EXEMPT 6. 2006 FORD LIFELINE 1FDXF47P06ED06467 EXEMPT o Attach information showing that every proposed driver, attendant and driver- attendant is qualified as required in Ashland Municipal Code Chapter 6.40 and as required by the laws of the State of Oregon. o Enclose with the application, the initial license fee of $300 plus $100 per ambulance. o Enclose a performance bond in the amount of $500,000. o Enclose an insurance policy meeting the requirements of AMC ~6.40.11 0.7. Attach additional pages as necessary. Explain any box not checked. Submit your application and required enclosures to Barbara Christensen, City Recorder, City Hall, 20 East Main Street, Ashland, Oregon 97520. I certify that each ambulance listed above is adequate and safe for the purposes for which it is to be used and that it is equipped as required by Ashland Municipal Code Chapter 6.40 and the laws of the State of Oregon. Signature: ~' ,~A>'t~ {~/~iur- ~:in~ name: 7>.Jh E t{./"'i' d /-i '/ fj lltie. rf!- t'/i, (-"c- Oate: /t' "7/ '{- , ,/ ,-/1 r.J to" H:\ASA\City Licensing\2006Application for Lic..doc May 16, 2006 CITY OF ASHLAND Council Communication Confirmation of Appointment of the Community Development Director Meeting Date: November 7,2006 Department: Administration Contributing Departments' Approval: Martha Benne Primary Staff Contact: Martha Bennett E-mail: bennettm@ashland.or.us Secondary Staff Contact: None Estimated Time: Consent Agenda Statement: The appointment of David Stalheim as Community Development Director for the City of Ashland. Staff Recommendation: Confirm Appointment of the Community Development Director. Background: The city advertised for a Community Development Director in July and August of 2006. There were over 35 applicants for the advertised position. Three top candidates were interviewed on September 22,2006. David Stalheim excelled in both interview panels and in the City Administrator's on-site visit. He has proven to be knowledgeable in the areas addressed in the job announcement. Related City Policies: None. Council Options: Confirm or defer confirmation of appointment awaiting further information. Potential Motions: Council moves to confirm appointment of David Stalheim as the Community Development Director. Attachments: Employment Agreement Resume of David Stalheim ~A' CITY OF ASHLAND Employment Agreement Community Development Director THIS AGREEMENT, made and entered into this _ day of November 2006 by and between the City of Ashland ("City") and David Stalheim ("Employee"). R E C I TAL S: A. City desires to employ the services of Employee as Community Development Director of the City of Ashland; and B. It is the desire of the City to establish certain conditions of employment for Employee; and C. It is the desire of the City to (1) secure and retain the services of Employee and to provide inducement for Employee to remain in such employment, (2) to make possible full work productivity by assuring Employee's morale and peace of mind with respect to future security; (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of Employee; and (4) to provide a just means for terminating Employee's services at such time as Employee may be unable fully to discharge Employee's duties due to disability or when City may otherwise desire to terminate Employee's services; and D. Employee desires to accept employment as Community Development Director of City of Ashland, and to begin his employment on January 2,2007. City and Employee agree as follows: Section 1. Duties. The city hereby agrees to employ David Stalheim as the Community Development Director of the City to perform the functions and duties specified in City ordinances, and the job description attached as Exhibit A and to perform such other legally and ethically permissible and proper duties and functions as the City Council shall from time to time assign. The Community Development Director shall devote full time to the performance of his duties. The Community Development Director may hold outside employment so long as it does not impact the ability of the Community Development Director to effectively perform his duties. Section 2. Term. A. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of the Mayor, with the consent of the City Council in accordance with the City Charter, from terminating the services of the Community Development Director at any time, subject only to the provisions set forth in the section entitled "Severance pay" of this agreement. C:\DOCUME-1\shipletd\LOCALS-1\Temp\Employment Draft Contract - Community Development Director.docPage - 1 B. Employee agrees to remain in the employ of City until January 1,2009, and, except as set forth in Section 1, neither to accept other employment nor to become employed by any other employer until this termination date, unless the termination date is affected as otherwise provided in this agreement. This provision shall not restrict Employee from using vacation or personal leave for teaching, consulting or other activities provided these activities do not conflict with the regular duties of the Employee. C. In the event written notice is not given by either party to terminate this agreement at least ninety (90) days prior to the termination date, this agreement shall be extended for successive two-year periods on the same terms and conditions as provided herein. D. In the event Employee wishes to voluntarily resign the position during the term of this agreement, Employee shall be required to give the City six weeks written notice of such intention, unless such notice is waived by the City Administrator with the approval of the Mayor and City Council. Employee will cooperate in every way with the smooth and normal transfer to the newly appointed individual. Section 3. Salary. Beginning January 2,2007, City agrees to pay Employee a monthly salary at Step C. of the salary schedule ($7,694) payable at the same time and in the same manner as other employees of the City are paid. The Employee shall be eligible for an increase to step D of the salary schedule ($7,999) upon completion of a satisfactory evaluation 6 months after start date. In addition, City agrees to annually increase the monthly salary and/or benefits in the same percentage as may be accorded other department heads. Section 4. Performance Evaluation. The City Administrator shall review and evaluate the performance of the employee at least once annually. Section 5. Hours of Work. It is recognized that Employee must devote a great deal of time outside the normal office hours to business of the City, and to that end Employee will be allowed to take compensatory time off as Employee shall deem appropriate during normal office hours, so long as the business of the department is not adversely affected. Work in excess of an average of forty (40) hours per week is deemed part of the professional responsibility for which the Employee shall not be paid overtime but for which he shall receive a minimum of five (5) days of administrative leave each year. Employee will receive additional administrative leave if granted by the City Council in the Management Resolution adopted each year. Section 6. Automobile. Employee's duties require that Employee shall have the exclusive use at all times during employment with the City of an automobile to carry out the business of the City. The City shall provide an automobile allowance of $350/month for the use of said C:\DOCUME-1\shipletd\LOCALS-1\Temp\Employment Draft Contract - Community Development Director.docPage - 2 automobile for travel. Employee shall be responsible for paying for insurance, operation, maintenance and repairs of the vehicle. Section 7. Health, Welfare and Retirement. Except as modified by this agreement, Employee shall be entitled to receive the same retirement, vacation and sick leave benefits, holidays, and other fringe benefits and working conditions as they now exist or may be amended in the future, as apply to any other department head, in addition to any benefits enumerated specifically for the benefit of Employee as provided in this agreement. The City will make a one time contribution of $5,000 into a deferred compensation account on behalf of the Employee in recognition of the fact that Employee is not currently a member of Oregon PERS and cannot make contributions until he has worked 1039 hours. The City will make that contribution no later than February 1,2007. With respect to vacation benefits, the Employee will initially accrue vacation leave with pay at the rate of ten (10) hours per month, and shall therefore accrue additional vacation hours at the same rate as City Department Heads. In addition, the City will credit five (5) days of vacation leave to his account upon employment, which shall be in addition to the vacation time he would otherwise accrue as a City Employee. Section 8. Dues and Subscriptions. City agrees to budget and to pay for the professional dues and subscriptions of Employee necessary for the continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for Employee's continued professional participation, growth and advancement, and for the good of the City. Section 9. Professional Development. A. The City hereby agrees to annually budget and allocate sufficient funds to pay the expenses of the Community Development Director's necessary travel and living expenses to represent the City at conferences or meetings of national and state committees or commissions upon which the Community Development Director serves as a member, said membership on said state commissions or committees being subject to the approval of the City Administrator, and for such other official meetings or travel as are reasonably necessary for the professional advancement of the Community Development Director as approved by the City Administrator B. City also agrees to budget and to pay for the travel and subsistence expenses of Employee for short courses, institutes and seminars that are necessary for his professional development and for the good of the City. Section 10. Professional Liability. The City agrees that it shall defend, hold harmless, and indemnify the Community Development Director from all demands, claims, suits, actions, errors, or other omissions in legal proceedings brought against the Community Development Director in his individual C:\DOCUME-1\shipletd\LOCALS-1\Temp\Employment Draft Contract - Community Development Director.docPage - 3 capacity or in his official capacity, provided the incident arose while the Community Development Director was acting within the scope of his employment. If in the good faith opinion of the Community Development Director, conflict exists as regards to the defense of any such claim between the legal position of the City and the Community Development Director, the Community Development Director may engage counsel, in which event, the City shall indemnify the Community Development Director for the cost of legal counsel. Section 11. Severance Pay. A. In the event of the involuntary termination of the Community Development Director during the term of this agreement, or a successor agreement, he shall be entitled to receive a lump sum payment equal to six (6) months aggregate salary and benefits. Termination by the City, as used in this paragraph, means the Community Development Director's discharge or dismissal by the Mayor with consent of the City Councilor the Community Development Director's resignation following a salary reduction greater in percentage than an across-the-board reduction for all city employees, or the Community Development Director's resignation following a formal request to him by the City Council that he resign. Said sum shall be paid to the Community Development Director within thirty (30) days of the next regular council meeting after said termination. B. In the event Employee is terminated because of his conviction of any crime involving moral turpitude or illegal act involving personal gain to him, then, in that event, City shall have no obligation to pay the aggregate severance sum designated in Section 11.A. Section 12. Other Terms and Conditions of Employment. City shall, by amendments to this agreement, fix such other terms and conditions of employment, from time to time, as it may determine, relating to the performance by Employee with the agreement of Employee, provided such terms and conditions are not inconsistent or in conflict with the provisions of this agreement. Section 13: Moving and Relocation Expenses The City will pay expenses associated with moving Employee's household from Wenatchee, Washington to Ashland in an amount not to exceed $10,000. Moving expenses include packing, moving, storage costs, unpacking, and insurance charges for moving and storing Employee's household goods. Moving expenses also include actual lodging and meal expenses and mileage costs for moving two personal automobiles and shall be reimbursed at the current IRS allowable rate while the employee is in transit. Moving expenses shall also include actual lodging, meal expenses, and mileage (or airfare) for up to two visits to Ashland for the Employee and family for the purpose of securing a permanent residence. Finally, moving expenses include the actual costs for employee of securing temporary housing, prior to moving into permanent housing, for up to two months. Section 14. Severability. If any part, term, or provision of this agreement is held by the courts to be illegal or in conflict with the laws of the State of Oregon, the validity of the remaining portions of the agreement shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the agreement did not contain the particular part, term, or provision. C:\DOCUME-1\shipletd\LOCALS-1\Temp\Employment Draft Contract - Community Development Director.docPage - 4 Section 15. PERS Pick-up. Employee contributions to the Public Employees' Retirement system (PERS) shall be "picked up" by the City. Employee shall not have the option of receiving money designated for retirement contributions and directly making the contribution to PERS. Employee's reported salary for tax purposes shall be reduced by the amount of the employee's contribution to PERS. Dated this of ,2006. Barbara Christensen, City Recorder John Morrison, Mayor Accepted this __ day of November 2006. David Stalheim C:\DOCUME-1\shipletd\LOCALS-1\Temp\Employment Draft Contract - Community Development Director.docPage - 5 David Stalheim August 10, 2006 Bobbi Peckham n Peckham &: McKenney Re: Ashland Community Development Director Dear Ms. Peckham: Thank you, for taking the time to answer my questions and provide me with the departmental audit. I would like to further explore the opportunity that Ashland might provide. Ashland is just one of those communities that you know must be special. In consideration of my present position and family, however, I'd request you keep this application confidential until you inform me. My current position in Wenatchee is very similar to Ashland's department. Wenatchee has over 29,000 people in an urban area of 60,000. Our economy and real estate is booming and planning and transportation issues are at the forefront of community concern. I direct planning, building, code enforcement, housing and community development activities. We have eleven employees. You will find the communities that I have lived and worked in relate well to the size and nature of Ashland; communities such as Port Townsend, Port Angeles, Sequim, Forks, Olympia, Leavenworth, and Wenatchee, Washington. The department audit certainly shows that there would be some challenges to the position. I can understand the demands that the citizens of the community expect where quality of life is highly regarded. I think it is exciting that the city has a new administrator and will soon have a new community development director. This fresh perspective could be good for the community. I think you would find me capable of the challenge. Highlights of my career that might be pertinent to your search: .:. Regional and state leadership n I have led the development of regional transportation organizations, land trusts and community development corporations. I have served on several state boards and advisory David Stalheim committees, including President of the Washington State City Planning Directors Association and the Transportation Improvement Board. .:. Housing and Community Development u Wenatchee became an entitlement city after the 2000 Census. Ashland's Consolidated Plan was completed by the same consultant Oohn Epler) Wenatchee used. We have successfully completed community center construction, housing rehabilitation, sidewalks, and public services using CDBG funds. The city is the lead financial entity for other regional housing programs, including a two/county plan to end homelessness. Wenatchee is just beginning to face the work force housing issues as real estate values are quickly accelerating. .:. Planning - Our programs have received several awards (see resume). You can see the city's new comprehensive plan, including waterfront and downtown plans, by visiting our web site at www.cityofwenatchee.com. I have worked on downtown issues in Port Townsend (Main Street program) and Wenatchee (2004 winner of the Great American Main Street award.) I have worked for cities, counties, transit agencies, state fisheries, and historic preservation programs. I have directed and participated in watershed planning activities and was a Conservation District Board Supervisor. .:. Capital Improvements - I manage the city's capital facility planning, sit on a state transportation board and other state grant funding committees, managed two major construction projects (intermodal center and community center), negotiated franchises, acquired and disposed of real estate. .:. Computer Skills n o GIS - Can instruct through intermediate level o Permit tracking - designed and managed city's permit tracking system (PTWin) o Other -- Microsoft Office, AutoCAD LT, Access. Corel Draw, Paradox and Eden Financial Thank you. Additional information is available in my resume or Google me. I look forward to talking with you more about the position, and perhaps getting a chance to visit the community. Sincerely, David Stalheim -2- '. Experience David Stalheim JANUARY 1998-PRESENT CITY OF WENATCHEE, WA Community Development Director · Direct city planning, neighborhood, building, housing, CDBG, community center and code enforcement programs. · Implemented Geographic Information (GIS) and permit tracking system · Managed $5 million in grant funds for community centers, housing rehabilitation, pedestrian bridges, bike paths, parks and planning · Coordinated city capital facilities planning, negotiated franchises · Acquired real estate . ._._..~Qgp-t.~~.~~!~~fro~!!.:..~':'.~~li!:~~ig.~p.~!1.~nd!?~':..eE.~~!>:-~~~pJ.~~.~:.... JANUARY 1995-DECEMBER 1997 LINK TRANSIT, WENATCHEE, WA Service Development Manager Responsible for transit service planning, guest (customer) services, facilities maintenance and community outreach Capital Facilities Coordinator Coordinated development of capital facility projects, including an $8.3 Intermodal ... ....- .~r.~!1_~P!?rtat~o_J?w~~.~~!:.iE..dow~!?~~_ ~~.~~!~!I.~.~._.__.._w_.. ._____... . 'mm_.._...__..__. . May 1989 - January 1995 CLALLAM COUNTY, WA Planning Director Directed County Planning office, including state growth management laws, water quality, and current planning (permitting) Assistant Director Department of Community Development Oversight of building and environmental health programs, budget and grant m anagt?I!l~!_..__._. __.__._..._....____..______. .. ..._...._._.._ _._____.._ MARCH 1987 - MAY 1989 CHELAN COUNTY, W A Plans Administrator Responsible for review of development projects and drafting of Lower Lake Chelan Comprehensive Plan. Provided planning assistance to the cities of Leavenworth and Chelan under contract 1982-1987 Historian, (WAST) Office of Archaeology and Historic Preservation Historian, National Park Service (Utah) Ski guide (Washington Cascades) Conservation Corps Supervisor (Point Whitney, W A) Jefferson County, W A Planning Dept. (Shorelines Contract) Commercial Fis~~l1l.1(}I1(9.~~gol1_~()a.st) 10/82 to 3/83 Summer 1983 Winter 83/84 5184 to 5/85 7/85 to 6/86 Summer /Fall 86 BACHELOR OF ARTS DEGREE, 1982 THE EVERGREEN STATE COLLEGE Major courses of study: Community Planning, Government, Washington State History and Phot()grap~y Skiing, whitewater rafting, fishing, boating, woodworking, climbing, family DAVID STALHEIM ACCOMPLISHMENTS BOARDS AND COMMITTEES ~ Washington State Transportation Improvement Board -- member of a 21 person state board that provides funds ($70 million annually) to cities and counties for local transportation improvements (www.tib.wa.gov) ~ Land and Water Conservation Fund - Advisory committee member to the Washington State Interagency for Outdoor Recreation awarding grants for outdoor recreation (http://www . iac. wa.gov) ~ Chelan County Conservation District - past Board Supervisor for conservation district (www.chelancd.cl[g) ~ Washington City Planning Directors Association -past president of state planning directors association (WW'vv .awcnet.org) A WARDS ~ Physical Plans - 2004 Honor Award from American Planning Association, Washington Chapter, for Waterfront Plan ~ Great American Main Street Award - Wenatchee was the 2003 Winner ~ Partnerships - 1998 Honor A ward from American Planning Association, Washington Chapter, for Columbia Street Warehouse District plan ~ Greenway Plan -- 1995 A ward from the Association of Consulting Planners for Dungeness River Greenway Plan ~ Growth Management- 1991 Honor Award from American Planning Association, Washington Chapter, for Urban Growth Area Study GRANT SUCCESS ~ Wenatchee Community Center - $3.4 million project involving rehabilitation of church into community center in low-income neighborhood - multiple grant sources ~ Community Development Block Grant - $750,000 grant for housing rehabilitation program and public facility improvements; new entitlement grant and H.U.D. Consolidated Plan completed ~ Enhancement Grants - Federal transportation enhancement grants, including $210,000 grant for pedestrian overpass bridge (1999) and $200,000 for bicycle lane (2001) ~ Transit Grants - completed application and management of over $5 million of Federal Transit Administration grants for the construction of an intermodal transportation center ~ Water Quality Grants - managed numerous water quality grants for Clallam County between 1990 and 1995 ~ Other - numerous small grants less than $100,000, including state planning and economic development grants REGIONAL COORDINA nON ~ Wenatchee Valll~ Transportation Council (MPO) -led organizational effort to form 9 member metropolitan planning organization (2000) ~ Peninsula Regional Transportation Planning Organization - co-lead staff for formation of 3- county, multi-city and other agency regional transportation planning organization (1991) ~ City/County Revenue Sharing Agreement - interlocal agreement regarding annexation, planning and revenue sharing for future growth area (2004) ~ Franchise Negotiation - negotiated cable TV, electric and water franchises (2004/5) TRAINING ~ Computers o ArcView/ArcMap - certified user capable of instructing to intermediate level o Microsoft Office - advanced user of Word, Excel, PowerPoint and Access o PTWin Permit Tracking System_- set up system for City of Wenatchee and Chelan o AutoCad - beginning level (open file, plot to scale, create simple drawings) o Corel Draw and Paint - beginning level (display boards) ~ Professional o City/County Planning Directors Association, Annual Conferences o American Planning Association, National and State Conferences o Univ. of Washington, Daniel J. Evans School, Cascade Management Series - Working Effectively with the Media, Elected Officials, and Interest Groups; Resolving Conflict and Building Consensus o Various city, county, transportation, planning, growth management, housing, community and economic development, historic preservation, citizen participation and natural resource conferences and lectures CITY OF ASHLAND Council Communication Request for Approval of Easement for I.O.O.F. Building Meeting Date: Department: Contributing Departments: Approval: Martha Benne November 7,2006 Parks and Recreation City Attorney, City Council Primary Staff Contact: E-mail: Secondary Staff Contact: Estimated Time: Don Robertson robertsd@ashland.or.us Mike Franell Consent Agenda Statement: The Ashland Parks and Recreation Commission requests approval of an easement for access into Plaza building. Background: Dating back to 1981, the occupants of the LO.a.F. building, located on the Plaza, have maintained a lease for the stairway access to the basement of the building. Currently, Munchie's Restaurant is the occupant of this space. The lease has been renewed a number of times since 1981, the last time in 2000. The current lease expired in March of 2006. Prior to that time, the Parks and Recreation Commission reviewed the expiring lease, along with recommendations from the City Attorney's office. The City Attorney's office recommends converting the lease into a permanent access easement. In January 2006, the Parks Commission requested that the City Attorney's office develop an easement for the property. Based on the direction from the commission, an easement was negotiated with the current property owner, Lloyd Haines. At the October 2006 regular meeting of the Ashland Parks and Recreation Commission, the commission reviewed the easement and recommended to the Ashland City Council the approval of the easement for the access to the basement of the La.O.F. building for the sum of $8,000. Related City Policies: Council Options: 1. Approve easement as presented. 2. Review easement and consider approval at next City Council meeting. 3. Rej ect easement. Staff Recommendation: Staff recommends approval of a permanent access easement into the basement of the LO.O.F. building. Potential Motions: Move to approve the easement as presented. Attachment: Easement for LO.a.F. building. r~' CITY OF ASHLAND Memo DATE: October 16,2006 TO: Susan Dyssegard, Executive Secretary, Parks Dept. FROM: Sharlene P. Stephens, Legal Assistant RE: LO.O.F. Access Easement Attached is the original easement. If the Parks Commission approves this on Monday, October 23,2006, please have the chair sign the original and have it notarized. The original document will then need to go to City Recorder Barbara Christensen, so she can have the mayor sign it once the city council approves it. This is currently scheduled under the consent agenda for the council's November 7,2006, meeting. After the mayor signs, we can have the document recorded. Diana Shiplet will need a mQY of this easement showing the commission chair's signature along with the council communication for her council packets. Exhibit A is the legal description of the actual lease area. Exhibit A-1 is the map of the lease area. Exhbit B is the legal description of the parent parcel of property upon which the current Munchies restaurant is located. If I can help in any other way, please let me know. I have told Lloyd Haines I would inform him of the date this goes to council. - Sharlene Attachments c: Barbara Christensen Diana Shiplet G:\Iegal\sharlene\Parks\IOOF Memo 1006.wpd LEGAL DEPARTMENT 20 East Main Street Ashland, OR 97520 www.ashland.or.us Tel: (541) 488-5350 Fax: (541) 552-2092 TTY: 800-735-2900 Michael W. Franell, City Attorney Richard Appicello, Assistant City Attorney Sharlene P. Stephens, Legal Assistant/Claims Mgr. Nancy Snow, Legal Secretary ~-, PRINTED DN RECYCLED PAPER Name of Transaction: Grantor: Access Easement City of Ashland, Oregon, by and through the Ashland Parks and Recreation Commission Lloyd M. Haines, The Haines Family Trust, and The Gail R. Bleecker Trust Grantees: Return Document to: Barbara M. Christensen, City Recorder, 20 East Main, Ashland, OR 97520 $8,000.00 ACCESS EASEMENT True and Actual Consideration: 1. Grant of Easement. The City of Ashland, Oregon, by and through the Ashland Parks and Recreation Commission, "Grantor," grants a p~rpetual non-exclusive easement on the property described in the attached Exhibit A (further referred to in this easement as "the premises"), the subservient estate, to Lloyd M. Haines, The Haines Family Trust and The Gail R. Bleecker Trust, "Grantees," and owners of the dominant estate, specifically described in Exhibit B, attached hereto, for ingress and egress to the real property described in Exhibit B. 2. Continuity of Easement. This easement runs with the land and inures to the benefit of Grantees' successors, assigns and heirs, and binds the successors and assigns of Grantor. 3. Indemnification. Grantees shall defend, indemnify and save the City of Ashland and the Ashland Parks and Recreation Commission, and their officers, agents, and employees, harmless from any losses, claims, expenses, judgments, or other damages resulting from injury to any person or damage to property, of whatsoever nature, arising out of or incident to this easement, except if said loss or claim results from the negligent conduct of the Grantor, its employees, agents or invitees. 4. Insurance. Grantees shall, at Grantees' own expense, at all times during the term of this easement, maintain in force a comprehensive general liability policy including coverage for contractual liability for obligations assumed under this easement, blanket contractual liability, products and completed operations, owner's and contractor's protective insurance and comprehensive automobile liability including owned and non- owned automobiles. The liability under each policy shall be a minimum of $500,000 per occurrence (combined single limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Liability coverage shall be provided on an "occurrence" not "claims" basis. PAGE 1-EASEMENT Easement-City & IOOF.wpd The City of Ashland and the Ashland Parks and Recreation Commission, their officers, employees and agents shall be named as additional insureds. Certificates of insurance acceptable to the Grantor shall be filed with the City of Ashland's Finance Department. These certificates shall contain provisions that coverages afforded under the policies can not be canceled and restrictive modifications cannot be made until at least 30 days prior written notice has been given to Grantor. A certificate which states merely that the issuing company "will endeavor to mail" written notice is unacceptable. In the event the statutory limit of liability of a public body for claims arising out of a single accident or occurrence is increased above the combined single limit coverage requirements specified, Grantor has the right to require Grantees to increase coverages to the statutory limit for such claims and to increase the aggregate coverage to twice the amount of the statutory limit. Failure to maintain any insurance coverage required by this easement shall be cause for immediate termination of the easement by Grantor. 5. Improvements. Except for the purposes described in the paragraph entitled "Grant of Easement", no improvements shall be placed in or on the premises, and no alterations shall be made on the premises without the prior written consent of Grantor. The existing staircase, stairwell and ramp are permitted improvements on "the premises," and may be repaired and/or replaced as necessary. All improvements shall be made at the sole expense of Grantees. Grantees shall secure all necessary permits and licenses required in connection with the premises and shall comply with all federal, state, and local statutes, ordinances, and regulations that may concern, in any way, Grantees' use of the premises. 6. Landscaping. Grantees shall install and maintain landscaping on the premises as required by the Ashland Parks and Recreation Director in the exercise of the Director's reasonable judgment. 7. Prior Encumbrances. This easement is granted subject to all prior easements or encumbrances of record. 8. Attorneys Fees. In the event of litigation to enforce any of the provisions of this easement, the prevailing party shall be entitled to an award of reasonable attorneys fees and costs as may be awarded by a court of competent jurisdiction, either at trial or appeal therefrom. Grantor: City of Ashland: By: John W. Morrison, Mayor Grantor: Ashland Parks and Recreation Commission: ~.r-' -~ t By: Rich Rosenthal, Chair PAGE 2-EASEMENT Easement-City & IOOF.wpd State of Oregon County of Jackson This instrument was acknowledged before me on by John Morrison as Mayor of the City of Ashland, Oregon. ,2006, Notary Public for Oregon State of Oregon County of Jackson This instrument was acknowledged before me on C)i~:)\-\'\::R \' ";).:.1, 2006, by Rich Rosenthal, Chair of the Ashland Parks and Recreation Commission. \~1~01 \./t'\ L~^ ~/CLL Notary Public for Oregon (f)i , , ~ .... OFFICIAL SEAL APRIL M. LUCAS NOTARY PUBLIC-OREGON COMMISSION NO. 388338 MY COMMISSION EXPIRES JAN. 09, 2009 PAGE 3-EASEMENT Easement-City & IOOF.wpd EXHIBIT A Commencing at the street centerline monument at the intersection of North Main Street and Granite Street in the City of Ashland, Jackson County Oregon as said centerline monument is shown on Partition Plat P-93-94 filed as survey Number 14193 in the office of the County Surveyor, Jackson County, Oregon, from which street centerline monwnent the street centerline monwnent at the intersection of North Main Street and Church Street as shown on said Partition Plat bears North 29047'27" West 158.76 feet; thence South 15015'52" East, 162.78 feet to the northeasterly corner of an existing two story brick building and the Point of Beginning of the land herein described; thence along the face of said building, South 85058'08" West, 60.13 feet; thence South 04001'52" East, 7.50 feet; thence South 85058'08" West, 8.64 feet; thence South 04001 '52" East, 6.74 feet; thence leaving said building face, South 85058'08" West, 4.68 feet to the westerly face of a raised brick header; thence along said header, North 04001'52" West, 11.56 feet; thence North 85058'08" East, 9.34 feet; thence North 04001 '52" West, 2.68 feet; North 85058'08" East, 3.97 feet to the northwesterly corner of said brick building; thence North 02052'10" East, 2.22 feet along the southerly edge of a concrete walkway to the beginning of a curve concave to the southeast having a radius of 3.50 feet; thence northeasterly 4.67 feet along said curve through a central angle of 76026'56"; thence North 79016'28" East, 39.98 feet; thence North 85034'38" East, 17.03 feet to the westerly edge of a concrete sidewalk; thence South 04025'22" East, 10.04 feet along said westerly edge of a concrete sidewalk, to the Point of Beginning. .Z (1) (J\ 6' \0 c& ~ 115 'VI. IJI, VI '52~t.' -"". ~ IJI ~ 504'01 ..,'. :: .~~. . VI (1). ()\ '. ..:. ""l'\,"'..' {T\ \0 ~ (1) . ....... '.I\4'l"':--.' . -...l ' o ~.f<~::'ti.. .'.~>:' :<.> . {T\ ())iO'l.-._.~....... ,,'~~":' ~Z"W ~. Q;5.-. . "c:" -< L104'01 5 ,....:"t'. rt . . 0"[ . "e: Vi> ,.:.~'.^. .::-~ NOZ'52 1 4'01 52 ~~--~<~ 2 22' sa ~.....\'1i-,:'Q..- . , . ~'\~~::~'~;~'" ' . ~;, " :. .',. , (1)~::~~:H)g~ 'J, .....-,., i,~ -E -:'~:'~~~:~~~~~" "'0152 ~,.....,.,.. 504 1~,~\!(i~ ,,~~ 1~[~ "0 ,,\~,~:~:.:.f:!~~ z ~~.~' :"1;3: ~,:<.\ (') l\:~},,:if.:; <), ?J ':(p:" ':;;"- . " ,,~;~':~~;f::"t\ tf'\ ~t.,\~~::~{:~j\ -;, / ,\...,.,.....0 l~i~~'~'j)i ~r~ / '\ii';S~::i~:~~:, ~ i,,~ . -' . - >: /. ~ .'. _." ,:<:"~v:_~. \ () / ,~<).. ':.~ ~ " ~::: ~.~., ' 0 ^'~ ..;.~~:~.. ',:. -.:;:,(?*, 'Z / '?.....ry ,. .-a.. .. "...tJ.t\ () ,.,;................:~ 3::t,,;';\0t:~~ ~ ~ ~:L~;;.~~@:% ~ ~t;:~j~t~~~r ~ so' A t. K nt.W '? 5\\1 '1 EXHIBIT A - 1 ..s' ~ ( DA TE: 9-20- 2006 SCALE: 1"= 10' '1 "V <> "'Ii (C\ ~ ~ It. MONUMENT 0 N. MAIN ST. &! CHURCH ST'{/) ~ j / ",(0 I.~ ~. ~ "- ~ ~ Q)~ ~ ~ rt?'::U \I \I II -,,"-...l~ . en 0\ ent-io '\.. en . u\ en . o '1'1 ~ GJi V) ~~ (=)z ''l'..G) m-\ c~ -0 r QIJ) z-\ 00 ?J -<.. pac It. MONUMENT CJl N. MAIN ST. & GRANITE ST. ~ POINT OF BEGINNING REGISTERED PROFESSIONAL LA SURVEYOR ----- E1t. -------- HCR cO M A \ N .-v,/ l'IOR1'tI THIS EXHIBIT IS FOR GRAPHIC PURPOSES ONl Y. ).Ny ERRORS OR OUISSlONS ON THIS EXHIBIT SHALL NOT AFFECT THE DEED DESCRIPTION. PREPARED BYt TERRASURVEY, INC. PROfESSIONAL LAND SURVEYORS 274 FOURTH STREET ASHLAND, OREGON 97520 (541) 482-6474 terrain@bisp.net EXHIBIT B Beginning at a point on the easterly line of Lot 3 in Block 1 of the City of Ashland, Jackson County, Oregon, according to the official 1888 map of said City, that is North 03033' West 20.0 feet from the southeast corner of said Lot 3; thence continue, along the easterly line of said Block, 61 feet 2 inches (61.17 feet) to a point that is North 03033' West 7.00 feet from the southeast corner of Lot 1, in said Block; thence at right angles to said easterly line of Lot 1, in a westerly direction, 36.0 feet; thence North 03033' West, along the westerly line thereof, 9 inches (0.75 feet); thence South 86027' West 52.00 feet (record 46.17 feet) to a point 8.00 feet East of the flume of the Ashland Woolen Manufacturing Company; thence Southwesterly, parallel with said flume, 61 feet 2 inches (61.17 feet), more or less, to a point that is North 03033' West 20.0 feet from the south line of Lot 3 projected; thence Easterly, parallel to and North 03033' West 20.0 feet from the south line of said Lot 3, to the point of beginning. EXCEPTING THEREFROM that certain tract deeded to The City of Ashland, by deed recorded October 23, 1970, as Instrument No. 70-10707 of the Official Records of Jackson County, Oregon. (Code 5-01, Account #1-006673-1, Map #391E09BB, Tax Lot #9200) CITY OF ASHLAND Council Communication Request for Approval of Easement for Public Trail Purposes Meeting Date: Department: Contributing De Approval: ts: November 7,2006 Parks and Recreation City Council, Planning Primary Staff Contact: E-mail: Secondary Staff Contact: Estimated Time: Don Robertson robertsd@ashland.or.us TBA Consent Agenda Statement: The Ashland Parks and Recreation Commission requests approval of an easement for public trail purposes. Background: For several years, the Parks Department has been working, in conjunction with the Ashland Woodlands and Trails Association, to develop a connected trail system within and around Ashland. Alton M. and Patricia C. Perrin own a property that is strategically located to provide a valuable addition to the public trail system within and immediately around the City of Ashland. A WT A has negotiated, for the benefit of the City and the Parks Commission, an agreement with the property owners to add their property to the public trail system as set forth in the attached easement. This easement was reviewed by the Parks Commission and found to be consistent with both the Open Space Master Plan and the Trail Master Plan. The commission voted unanimously to recommend its approval. Related City Policies: Council goal. Council Options: 1. Approve easement as presented. 2. Review easement and consider approval at next City Council meeting. 3. Rej ect easement. Staff Recommendation: Staff recommends approval of easement for public trail purposes. Potential Motions: Move to approve the easement for public trail purposes as presented. Attachment: Public trail easement r.l' Name of Transaction: Public Trail Easement Grantors: Return Document to: Alton M. and Patricia C. Perrin Barbara Christensen, City Recorder, 20 East Main, Ashland, OR 97520 $1.00 and other good and valuable consideration True and Actual Consideration: EASEMENT FOR PUBLIC TRAIL PURPOSES Recitals: A. Grantors are the .owners of certain real property strategically located to provide a valuable addition to the public trail system within and immediately around the City of Ashland ("City"). B. The Ashland Woodlands and Trails Association ("AWTA"), working cooperatively with the City and the Ashland Parks and Recreation Commission ("Commission") to acquire, preserve and improve the public trail system, has determined that a trail through the below described property will provide a vital link in this system. C. AWTA has negotiated, for the benefit of the City and Commission, an agreement with Grantors to add the below described property to the public trail system as set forth in this easement. Grantors and City agree: 1. Grant of easement. The above-named Grantors grant to the City of Ashland, Oregon, a perpetual non-exclusive easement in gross to construct, reconstruct, install, use, operate, inspect, repair, maintain and remove and replace a trail for use by the public across, along and upon the real property described below and further referred to in this easement agreement as the "easement area." The easement area is located in Jackson County, Oregon and is described on the attached Exhibit A. 2. Use of surface. Grantors shall have the right to use the easement area for all purposes not inconsistent with the uses and purposes of the property, provided that Grantors shall not build or erect any structure upon the easement area without the prior written consent of City. Exception is granted to construct, or have constructed, necessary pedestrian access steps with City of Ashland design approval. City agrees to work with Grantor with steps needed to achieve the efficient and effective operation and trail management, including, but not limited to needed signage, fencing, etc. 3. Prior Encumbrances. This easement is granted subject to all prior easements or encumbrances of record. 4. Indemnification. To the extent permitted by the Oregon Constitution and the City's charter, the City shall, within the limits of the Oregon Tort Claims Act, defend and indemnify Grantors against any liability for damage to life or property arising from the public's use of the easement under thIs agreement. The City shall not be required to indemnify Grantors for any such liability arising out of the wrongful acts of the Grantors or the employees or agents of the Grantors. 5. MerQer. This easement agreement constitutes the entire agreement between the parties regarding the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. No waiver, consent, modification or change of terms of this easement shall bind either party unless in writing and signed by both parties. G~NTO~~j /7 ~_ ~2--, <0 ~~. -(!_~. '-_/~ State of Oregon County of Jackson This instrument wa)7Cknowledged before me on by fit~ f:M'f~ and . " ,20CM, /t{ Notary Public for Oregon My Commission expires: !-.:J,c!-cJtn i __ OFFICIAL SEAL BARBARA Me CHRISTENSEN NOTARY PU8lJC.OREGON COMMISSION NO. 382103 . MY COMMISSION ~IRES AUG. 24, 2001 2- TRAIL EASEMENT A:\Trail easement V2 12004.doc EXHIBIT B 604 TAYLOR STREET LoT 5, BLOCK 2, SlRA lFORD-ON-A VON SUBDMSION PUBuc PEDESlRiAN ACCESS EASEMENT FROM T A YWR SlREET 10 DITCH TRAIL T. 39 S, R. 1 E, Sec. 16BA, TL 200 A strip ofland being 4.00 feet in width and lying 2.00 feet on each side of the following descn'bed centerline: Commencing at the Southeast corner of the Stratford-on-Avon Subdivision in the City of Ashland, Jackson County, Oregon, according to the Official Plat thereof as now recorded; thence along the easterly line of Lot 5 of Block 2 of said Subdivision, North 00.14' 20" West, 10.45 feet; thence North 27' 07'17" West, 23.76 feet; thence North 37' 10' 52" West, 30.65 feet; thence North 48' 55' 59" West, 59.34 feet; thence North 51' 01' 04" West 30.86 feet; thence North 54' 59' 27" West 33.81 feet; thence North 62' 00' 14" West, 8.99 feet to a point which is 2.00 feet easterly when measured perpendicular to the most westerly line of Lot 5 of Block 2 of the Stratford-On-Avon Subdivision, being the Point of Beginoing; thence, parallel with said westerly line, North, 22.43 feet to the southerly line of Taylor Street as shown on said Official Plat, being the Point of Termination. March 24, 2006 'U8'.1'''\lD 'PROFESSIONAL LAND SURVEYOR . ,..... _ C- O EGON .AlLOW.trio t~ STUART M. 08MUS ........ MAP OF PUBLIC PEDESTRIAN ACCESS EASEMENTS LOT 5. BLOCK 2. STRATFORD-aN-AVON SUBDIVISION CITY OF ASHLAND, OREGON ) FOR ASHLAND WOODLAND TRAILS ASSOCIATION \ \ OWNERS: PA TRIClA C. AND AL TON M. PERRIN OR 92-75890 "" / / I- lj g: V) 0:: o ~ ~ \ \ ( / /' SCALE: 7"= 30 ,-'- ~ , ~~ hI 4' WIDE EASEMENT ':---.....' O. , ............ , ~ ~ I 1\16' POINT OF BEGINNING '- <- ..::..... ,! ?' <?~Ol EXHIBIT 'B' ~c!J..9.9' 1l'~ 1\16'<. ~ ~~".~ 7 00' '- .:-........'<.9. I.<S!1l'~ ..h:-..... ~i,. .::5;....:::~~ " ~tS?b ~" ~7. ..t~ ' ~".. ~~~~":" 5' WIDE EASEMENT " ~ " ,,"- ~'~ ~v~~ '~~~ ~~'~\9~ ".'>.. "- " "- "- "-'~,,-0. ~ ~ \ ~>- ~ "\:0. qd'~~"~~ iJ'. ,,~ ,",\\ I \j \ I , 1\\\ N27'07'r7"W ~ 2J.76'~ \ 604 TAYLOR STREET TAX LOT 200 LEGEND PROPERTY UNE EASEMENT CDJTER OF EASEMENT OR 92-15890 OFF1C1AL RECORDS, JACKSON COUNTY, OREGON " .8 I . T I " eo 1=>>ROFESSIONAL LAND SURVEYOR . A.... ~. c..... OREGON ,M.Y III. \$W) STUART M. Q8MUS N. ..... &. DA IE: MARCH 24, 2006 T 39 S. R 1 E. SEe 16BA, TL 200 POINT OF BEGINNING EXHIBIT 'A' PLAT OF STRATFORD-ON-AVON SUBDIVISION BASIS OF BEARING: CITY OF ASHLAND Council Communication Meeting Date: Department: Approval: Liquor License Application f November 7'~006 City Recorder . Martha Benne Primary Staff Contact: Barbara Christensen 488-5307 christeb@ashland.or.us Estimated time: Consent Agenda Statement: Liquor License Application from Ramiro Rojas dba Azteca Mexican Restaurant at 2345 Ashland Street. Background: Application for liquor license is for a change in ownership license. The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32). In May 1999, the council decided it would make the above recommendation on all liquor license applications. Council Options: Approve or disapprove Liquor License application. Staff Recommendation: Endorse the application with the following: The city has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The city council recommends that the OLCC proceed with processing ofthis application. Potential Motions: Motion to approve Liquor License application. Attachments: None rA' CITY OF ASHLAND Council Communication Meeting Date: 11/7/06 Department: Legal Contributing Departments: Engineerin Approval: Martha Bennet Telecommunications Franchise Agreement with Sprint Primary Staff Contact: Mike Franell, 488-5350 Ilrl/ franellm@ashland.or.us . (t Secondary Staff Contact: Sharlene Stephens, 488-5350 stephens@ashland.or.us Statement: This franchise agreement addresses the use by Sprint Communications Company, L.P., of 12,999 linear feet of public right of way in the city. The franchise complies with the requirements of the telecommunications ordinance and is granted for a term of five years beginning on September 30,2006. (A holdover letter has been in effect during the negotiations of a new agreement.) Sprint has already signed this new agreement and submitted the required certificate of liability insurance and a check for $40,036.92 for payment for the 2006-07 year. Three maps attached to the agreement show the areas of Sprint's fiber both within the city limits and outside city limits. Background: The Sprint franchise is a limited use franchise issued under the city's telecommunications ordinance. A limited-use franchise is granted to a telecommunications provider that does not directly serve customers within the city. Compensation for the use of public right of way has been set by resolution of the council and is measured, for this type of grantee, by the number of linear feet of public right of way occupied. The current rate is $3.08 per linear foot per year. Related City Policies: Ashland Municipal Code, Title 16, and Resolution No. 99-70. Staff Recommendation: Staff recommends approval of the franchise agreement under the consent agenda. Potential Motions: Move approval ofthe Telecommunications Franchise Agreement between the city and Sprint Communications Company, L.P. Move to deny approval of the Telecommunications Franchise Agreement between the city and Sprint Communications Company, L.P. Attachments: The Telecommunications Franchise Agreement between the city and Sprint with three attached maps. 1 r~' City of Ashland Telecommunications Franchise Agreement (Limited Use Franchise) Franchise agreement authorized pursuant to Ashland Municipal Code Title 16 between the City of Ashland (City) and Sprint Communications Company, L.P. (Grantee) dated this _ day of October, 2006. 1. Grant of franchise. City grants to Grantee, its successors and assigns, a franchise to construct, operate and maintain a telecommunications system, with all necessary facilities in, under, and over, for a distance of 12,999 linear feet, the following described public streets of the City: See the attached three maps depicting the public streets used, beginning at Eagle Mill Road near the 1-5 Freeway and proceeding along the following City of Ashland streets: Oak Street, East Hersey Street, North Mountain Avenue, and East Main Streets generally southerly and easterly to the easterly city limit line approximately 650 feet east of the centerline of Walker Avenue. This franchise is a limited use franchise as that term is used in Title 16 of the Ashland Municipal Code. This franchise does not authorize the use of public streets by Grantee to provide telecommunication services within the City of Ashland. 2. Term. The term of this franchise shall be five years from September 30, 2006, unless terminated sooner as provided in this agreement or as provided in Title 16 of the Ashland Municipal Code. 3. Fee. Grantee shall pay as a franchise fee to the City, through the duration of this franchise, the greater of either: (a) the minimum annual franchise fee of $4,000; or, (b) an amount equal to $3.08 per linear foot of right-of-way used. This fee will increase annually in July of each year, by multiplying the fee by a fraction, the numerator of which is the CPllndex Figure for the month of March preceding the July in which the fee is to be increased and the denominator of which is the Base CPI Index Figure. As used in this section, "Index" refers to the All Urban Consumers (CPI-U), U.S. City Average, CPI index published by the Bureau of Labor Statistics of the United States Department of Labor. "Base CPllndex Figure" will refer to the Index number indicated for the month of March, 2006, and the "CPI Index Figure" for any other month will refer to the Index number for that month. Payment of the franchise fee shall be made annually on or before October 1 of each year beginning with October 2006. 3.1. Franchise fee payments not received by the City on or before the due date shall be assessed interest at the rate of one percent over the existing prime rate as set by the bank with which the City contracts for its banking services, compounded daily. Interest shall be due on the entire late payment from the date on which the payment 1- Limited Use Franchise G:\legaI\PAUL\Telecommunications\Forms\franchise Sprint (limited use) 2006.wpd IV~/,j jl!i'1"l'3;Q p~;~! ~~io ?J- was due until the date on which the City receives the payment. 3.2. Each payment shall be accompanied by a written report to the City, verified by an officer or other authorized representative of Grantee, containing an accurate statement in summarized form, as well as in detail, of Grantee's computation basis and method. Such reports shall be in a form satisfactory to the City. 3.3. No acceptance of any payment by Grantee shall be construed as an accord that the amount paid is, in fact, the correct amount, nor shall any acceptance of payments be construed as a release of any claim the City may have for further or additional sums payable. All amounts paid shall be subject to confirmation and recomputation by the City, provided that such audit and computation is completed within three years of the date any audited and recomputed payment is due. If no such audit or financial review is conducted within the three year period, then any claim that the City might have had for additional compensation shall be forever waived and relinquished. The Grantee agrees to reimburse the City for: 3.3.1. The reasonable costs of such confirmation if the City's recomputation discloses that the Grantee has paid 95 % or less of the franchise fees owing for the period at issue upon receipt of an invoice from the City showing such costs were actually incurred and directly related to the audit; or 3.3.2. One-half of the reasonable costs of such confirmation if the City's recomputation discloses that the Grantee had paid more than 95% but less than 98% of the franchise fees owing for the period at issue. 3.3.3. The City's costs which may be reimbursed under this section shall not exceed $5,000.00 per audit or financial review. 3.3.4. If the City determines that Grantee made any underpayment, and that the underpayment exceeded 5 % of the amount due, Grantee shall pay interest compounded at the rate of one percent (1 %) over the existing prime rate as set by the bank with which the City contracts for its banking services, compounded monthly. Interest shall be due on the entire underpayment from the date on which payment was due until the date on which full payment is received. 3.4. If the Grantee disputes the City's determination of underpayment, the Grantee shall place the disputed amount in an escrow account until final resolution. 3.5. All Grantee's books, maps, and records directly concerning its calculation of franchise fee payments to the City shall be open for inspection by the proper officers or agents of the City, upon no less than 48 hours prior written notice, during normal business hours to determine the amount of compensation due the City under this franchise, and shall be kept so as to accurately show the same. 3.6. Payment of the franchise fee shall not exempt Grantee from the payment of any license fee, tax or charge on the business, occupation, property or income of 2- Limited Use Franchise G:\Iegal\PAUL\Telecommunications\Forms\franchise Sprint (limited use) 2006.wpd Grantee that may be lawfully imposed by the City or any other taxing authority, except as may otherwise be provided in Title 16 of the Ashland Municipal Code or laws imposing such other license fee, tax or charge. 4. Title 16 Ashland Municipal Code, Charter and General Ordinances To Apply. 4.1. Unless the context requires otherwise, words and phrases used in this franchise shall have the same meaning as defined in Title 16 of the Ashland Municipal Code. All of the provisions of Title 16 are incorporated by reference and made a part of this franchise. In the event of any inconsistencies in the terms of this franchise and Title 16, the more restrictive provisions of Title 16 shall take precedence over franchise terms unless Title 16 specifically authorizes the franchise to provide otherwise. 4.2. The Charter of the City of Ashland and general ordinance provisions of the City affecting matters of general City concern and not merely existing contractual rights of Grantee, now in effect or adopted in the future, are incorporated by reference and made a part of this franchise. Nothing in this franchise shall be deemed to waive the requirements of the various codes and ordinances of the City regarding permits, fees to be paid, or the manner of construction. 5. General Financial and Insurance Provisions. Grantee shall be required to obtain the following which are otherwise required by Title 16 of the Ashland Municipal Code. 5.1. Performance Bond (Section 16.12.190) shall not be required. 5.2. Insurance (Section 16.24.100). 5.3. Performance Bond (Section 16.24.120) shall not be required. 6. Covenant to Indemnify and Hold City Harmless. 6.1. Grantee agrees and covenants to indemnify, defend and hold the City, its officers, agents and employees, harmless from any claim for injury, damage, loss, liability, cost or expense, including court and appeal costs and attorney fees or expenses, arising from any casualty or accident to person or property by reason of any construction, excavation or any other act done under this franchise, by or for Grantee, its agents or employees, or by reason of any neglect or omission of Grantee to keep its telecommunications system in a safe condition, but not if arising out of or by reason of any negligence or willful misconduct by the City, its officers, agents or employees. The City shall provide Grantee with prompt notice of any such claim which Grantee shall defend with counsel of its own choosing and no settlement or compromise of any such claim will be done by the City without the prior written approval of Grantee. Grantee and its agents, contractors and others shall consult and cooperate with the City while conducting its defense of the City. 6.2. Grantee also shall indemnify the City for any damages, claims, additional costs or expenses assessed against or payable by the City arising out of or resulting, directly or indirectly, from Grantee's failure to remove, adjust or relocate any of its facilities in the streets in a timely manner in accordance with a relocation schedule 3- Limited Use Franchise G:\legal\PAUL\Telecommunications\Forms\franchise Sprint (limited use) 2006.wpd furnished to Grantee by the City Engineer, unless Grantee's failure arises directly from the City's negligence or willful misconduct or directly from any person who is not acting on behalf of the Grantee or is otherwise not the Grantee's agent, affiliate, subsidiary, contractor, licensee or invitee. 7. Construction and Relocation. 7.1. Subject to applicable regulations of the City, Grantee may perform all necessary construction to construct, operate and maintain its telecommunications system. All construction and maintenance of any and all telecommunications system facilities within streets incident to Grantee's provision of telecommunications services shall, regardless of who performs installation or construction, be and remain the responsibility of Grantee. Grantee shall apply for and obtain all permits necessary for installation or construction of any such facilities, and for excavation and laying of any telecommunications system facilities within City streets. Grantee shall pay all applicable fees due for City construction permits. 7.2. Prior to beginning construction, Grantee shall provide the City with an initial construction schedule for work in the streets and the estimated total cost of such work. The schedule shall be submitted at least two weeks in advance of construction. 7.3. Grantee may make excavations in the City streets for any facility needed for the maintenance or extension of the Grantee's telecommunications system, subject to obtaining permits from the City. Prior to doing such work, Grantee must apply for, and obtain, appropriate permits from the City, and give appropriate notices to any other franchisees, licensees or permittees of the City owning or maintaining facilities which may be affected by the proposed excavation. 7.4. In the event that emergency repairs are necessary for Grantee's facilities in the streets, Grantee shall immediately notify the City of the need for such repairs. Grantee may immediately initiate such emergency repairs, and shall apply for appropriate permits the next business day following discovery of the emergency. Grantee must comply with all ordinance provisions relating to such excavations or construction, including the payment of permit or license fees. 7.5. Grantee is responsible for becoming familiar with, and understanding the provisions of ORS Chapter 757, governing the location of underground facilities (the "One-Call statutes"). Grantee shall comply with the terms and conditions set forth in the One-Call statutes. 7.6. Grantee shall at its own expense temporarily or permanently remove, relocate, change or alter the position of any of its facilities when directed to do so by City in compliance with Title 16 of the Ashland Municipal Code. 7.7. Grantee's telecommunications system shall be constructed and maintained in such manner as not to interfere with City sewers, water systems, electric systems or any other facilities of the City. 4- Limited Use Franchise G:\legal\PAUL\Telecommunications\Forms\franchise Sprint (limited use) 2006.wpd 8. Reservation of City Street Rights; Requirements for Undergrounding. 8.1. Nothing in this franchise shall be construed to prevent the City from constructing sewers, water systems, electric systems, grading, paving, repairing or altering any street or constructing or establishing any other public work or improvement. 8.2. If any of the Grantee's telecommunications system interferes with the construction or repair of any City sewer, water or electric system, street or public improvement, the Grantee's system shall be removed or replaced in the manner the City shall direct. Any and all such removal or replacement by Grantee shall be without expense to the City. Should Grantee fail to remove, adjust or relocate its facilities by the date established by the Public Works Director's written notice to Grantee, the City may cause or effect such removal, adjustment or relocation, and the expense thereof shall be paid by Grantee, including all costs and expenses incurred by the City due to Grantee's delay. 8.3. Grantee shall install its telecommunications facilities underground unless the City specifically permits attachments to utility poles or other aboveground facilities. Grantee shall install its telecommunications facilities within an existing underground duct or conduit owned by it whenever surplus capacity exists within such utility facility. If Grantee has permission to install overhead facilities, Grantee shall install its telecommunications facilities on pole attachments to existing utility poles only, and then only if surplus space is available as determined by the Department of Electric Utilities. Whenever any existing electric utilities are located underground within a public right of way of the City, Grantee shall also locate its telecommunications facilities underground. Whenever any overhead electric utilities are relocated underground, Grantee shall also locate its telecommunication facilities underground. Any and all such installation and relocation under this paragraph shall be without expense to the City. 9. City's Written Consent Required for Assignment, Transfer, Merger, Lease or Mortgage. Ownership or control of a telecommunications system or franchise may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of the Grantee, by operation of law or otherwise, without the prior consent of the City, which consent shall not be unreasonably withheld or delayed, and then only on such reasonable conditions as may be prescribed in such consent. 9.1. Grantee and the proposed assignee or transferee of the grant or system shall provide and certify the following information to the City not less than 120 days prior to the proposed date of transfer: 9.1..1. Complete information setting forth the nature, terms and conditions of the proposed transfer or assignment; 9.1..2. All information required of a telecommunications franchise applicant pursuant this chapter with respect to the proposed transferee or assignee; 9.1.3. Any other information reasonably required by the City. 5- Limited Use Franchise G:\legal\PAUL\Telecommunications\Forms\franchise Sprint (limited use) 2006.wpd 9.2. No transfer shall be approved unless the assignee or transferee has the legal, technical, financial and other requisite qualifications to own, hold and operate the telecommunications system pursuant as provided in Title 16 of the Ashland Municipal Code. 9.3. Grantee shall reimburse the City for all direct and indirect fees, costs, and expenses reasonably incurred by the City in considering a request to transfer or assign a telecommunications franchise. 9.4. Any transfer or assignment of a telecommunications grant, system or integral part of a system without prior approval of the City under this section shall be void and is cause for revocation of the franchise. 10. Miscellaneous Provisions. 10.1. Both Grantee and the City shall comply with all applicable federal and state laws. Grantee shall comply with all applicable City ordinances, resolutions, rules and regulations adopted or established pursuant to the City's lawful authority. 10.2. If any section, provision or clause of this franchise is held by a court of competent jurisdiction to be invalid or unenforceable, or is preempted by federal or state laws or regulations, the remainder of this franchise shall not be affected, unless the city council determines such section, provision, or clause was material to the City's agreement to issue a franchise to the Grantee. 10.3. The city councilor the city administrator shall be vested with the power and authority to reasonably regulate the exercise of the privileges permitted by this franchise in the public interest. Grantee shall not be relieved of its obligations to comply with any of the provisions of this franchise by reason of any failure of the City to enforce prompt compliance, nor does the City waive or limit any of its rights under this franchise by reason of such failure or neglect. 10.4. Any litigation between the City and the Grantee arising under or regarding this franchise shall occur, if in the state courts, in the Jackson County Circuit Court, and if in the federal courts, in the United States District Court for the District of Oregon. 10.5. Any notice provided for under this franchise shall be sufficient if in writing and (1) delivered personally to the following addressee or deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, (2) sent by overnight or commercial air courier (such as Federal Express), or (3) sent by facsimile transmission addressed as follows, or to such other address as the receiving party shall specify in writing: If to the City: City Administrator, City Hall, 20 East Main Street, Ashland, Oregon 97520; FAX 541-488-5311 6- Limited Use Franchise G:\Iegal\PAUL\Telecommunications\Forms\franchise Sprint (limited use) 2006.wpd If to the Grantee: Manager, Network Real Estate, Sprint Communications Company L.P., 6100 Sprint Parkway, Mailstop: KSOPHK0210 - 2A222, Overland Park, KS 66251 and Sprint Legal Department, KSOPHT0101-Z2020, 6391 Sprint Parkway, Overland Park, KS 66251-2020, A TT: Real Estate Attorney Any such notice, communication or delivery shall be deemed effective and delivered upon the earliest to occur of actual delivery, three business days after depositing in the United States mail as aforesaid, one business day after shipment by commercial air courier or the same day as facsimile transmission (or the first business day thereafter if faxed on a Saturday, Sunday or legal holiday). 11. Other Authority Superseded. Upon the beginning of the term of this franchise, effectiveness of this franchise, any and all authority to operate previously granted to Grantee by the City shall be superseded by this franchise. 12. Cable Authority. This franchise does not authorize the Grantee to operate a cable system or provide video programming, as defined by 47 U.S.C.A ~522 (Supp. 1997). Grantee City By: tlt~/}r}1Ahfl Title: A../~t(Vl (1V1 lJ By: Title: By: Title: Mayor. City of Ashland By: . Title: City Recorder Date: 7- Limited Use Franchise G:\legal\PAUL\Telecommunications\Forms\franchise Sprint (limited use) 2006.wpd " ::I'of 1l3N! , ,I , I ...:,...} -1;.: #/~ ~ .... .... :., ai' &1 '" .. 0- ~ .... S",.L""'''' --, .~ ?t ., ~ q r o <..l .... '0 ~ ,0,_ ~ RU . ~P:u- . ~ ~cf- "t.... ( ~~~~ . l . , "% 1.' \~--~~~ . ';, \ '. ~ / I . .J .' I . I" 4, --t- - ,>--~~~L~ ~, :5 ,~., f>A~\<S\O€- '~. -', ~ ! 9 W 13~nv?;/N ~ .;:,.~' A.lr'M ..:~ ~~ . 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M31^111H i j III . ~~ lI'j I T8 \ , I '~ ~ .-'1- ~ :'i p ~ - .j D .3 ~ ~ o CITY OF ASHLAND Council Communication AN ORDINANCE AMENDING CHAPTER 2.52 OF THE ASHLAND MUNICIPAL CODE RELATING TO RULES OF PROCEDURE FOR PERSONAL SERVICE CONTRACTS Meeting Date: October 17,2006 Department: Legal Contributing Departments: Finance Approval: Martha Bennett 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 r~' 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 lined 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. Person31 Service Contracts Listed. 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, enqineers, 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 Contractinq Officer, the City Administrator or their desiqnee shall have the discretion to determine whether a particular type of contract or services falls within the cateqory of 1 G:\recorder\City Council Packets\Packet Files\2006-2007\2006-1 017\DONE\ORD - Personal Service Contracts,doc personal services. A. "Personal service contracts" include contracts f{)r 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 INhich the service depends on attributes that are unique to the service provider, other than contracts for an architect, engineer, land surveyor or provider of related services as defined in ORS 279C.1 00. B. "Purchasing ^gent" means the Finance Director or his/her designee v.'ho has the 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 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 competitive selection process" means the process of using formal competitive 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 related 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 following 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: 1\. ^ccountants; B. ^ppraisers~~ C. Computer programmers; D. La'.vyers; E. Psychologists; F. Investment Consultants; G. Insurance Consultants; H. Advertising Consultants; I. Marketing Consultants; J. Graphics Consultants; K. Training Consultants; L. Public Relations Consultants; M. Communications Consultants; N. Data Processing Consultants; O. Management Systems Consultants; 2G:\recorder\City Council Packets\Packet Files\2006-2007\2006-1 017\DONE\ORD - Personal Service Contracts. doc P. ,^..ny other personal service contracts or classes of contracts that the Purchasing Agent or his/her designee identifies as personal service 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: /\. Unless otherwise approved by the Purchasing Agent, all personal service contracts shall require the contractor to defend, indemnify, and hold harmless the City, its officers, agents and employees against and from any and all claims or demands for damages of any kind arising out of or connected in any way with the contractor's performance thereunder and shall include a 'tJaiver of contractor's right to ORS 30.285 and ORS 30.287 indemnification and defense. B. Unless otherv.'ise approved by the Purchasing Agent, personal service contracts shall contain a provision requiring the person or entity providing the service to obtain and maintain liability insurance coverage in at least the amount of the City's tort Ibbility limits, naming the City as an additional named insured, during the life of the contract. C. /\11 personal service contracts shall contain all contract provisions mandated by state bw and by the /\shbnd Municipal Code. These provisions may be incorporated in the personal service contract by reference unless othel\vise provided by bw. 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 signed by both parties before any work or service may commence. D. The f-ormal competitive selection procedures described in this section may be waived by the Purchasing Agent \...hen an emergency exists that could not have been reasonably foreseen and requires prompt execution of a contract to remedy the situation that there is not sufficient time to permit utilization of the formal competitive selection procedures. €C. Personal service contract proposals may be modified or withdrawn at any time prior to the conclusion of discussions with an offeror. ~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 less, such contracts must be memorialized 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 competitive written quotes from prospective contractors who shall appear to have at least minimum qualifications for the proposed assignment, shall be solicited. Each solicited contractor shall be notified in reasonable detail of the proposed assignment. I\ny or all interested prospective contractors may be intervie'Ned for the assignment by an appropriate City employee or by an intervie\'J committee. hE. For personal service contracts that are anticipated to cost in excess of $25,000, 3G:\recorder\City Council Packets\Packet Files\2006-2007\2006-1 017\DONE\ORD - Personal Service Contracts. doc $5.000. the aDepartment-AHead 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. ^II personal service contr3cts exceeding $25,000 sh311 be based upon form31 competitive selection procedures, except as 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 dep3rtment head for the dep3rtment that needs the services shall foliO'.\' the formal competitive selection procedures for formal competitive se31ed propos31s 3S found in the Model Rules, OAR 137 047 0260. Reg3rdless of INhether a person31 service contr3ct is exempt from the formal competitive selection process or not, no service or work may be performed until a purchase order h3s been issued. This requirement m3Y be 'Nai'led, however, when circumstances exist th3t cre3te 3 subst3nti31 risk of loss, damage, interruption of services or thre3t to public he31th or S3fety and that require prompt action to protect the interests of the City. (Ord 2917, Amended 03/01/05) Section 2.52.050 Formal Competitive Selection Procedures-Exemptions. Contracts for personal services arc exempt from formal competitive selection procedures if 3ny of the follo'....ing conditions exist: All personal service contracts shall underqo a screeninq and selection process as outlined below except for these types: A. The contract 3mount 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. 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; 4G:\recorder\City Council Packets\Packet Files\2006-2007\2006-1 017\DONE\ORD - Personal Service Contracts. doc C. The Purchasing /\gent finds that thore is only one person or entity '.'.:ithin a reasonable area that can provide 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 f-or 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':.'ard by the Purchasing Agent (or any person '.\lith 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 assignment, shall be solicited. Each solicited contractor shall be notified in reasonable detail of the 5G:\recorder\City Council Packets\Packet Files\2006-2007\2006-1017\DONE\ORD - Personal Service Contracts. 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 6G:\recorder\City Council Packets\Packet Files\2006-2007\2006-1017\DONE\ORD - Personal Service Contracts. doc CITY OF ASHLAND Council Communication Ordinance Restricting the Addition of Certain Substances to Municipal Drinking Water Meeting Date: November 7, 2006 Department: Administration ~ Contributing Departments: P~Uli rks, Legal Approval: Martha Ben,n Estimated Time: 20 minutesj Primary Staff Contact: E-mail: Secondary Staff Contact: E-mail: Martha Bennett bennettm@ashland.or.us Paula Brown brownp@ashland.or.us Statement: At the July 18, 2006 meeting, the Council formed a committee to redraft an ordinance to prohibit the use of drinking water as a vehicle for medication. Staff Recommendation: Staff recommends Council adopt the attached ordinance. Background: At your July 18, 2006 meeting, the Council considered a request to adopt an ordinance that prohibits adding any substance to drinking water to medicate humans rather than to make water safe to drink (as defined by standards adopted by the U.S. Environmental Protection Agency in implementing the Safe Drinking Water Act). Councilor Hartzell expressed concern that the City should enact an ordinance prior to the beginning of the 2007 Legislative Session to be clear that the City opposes mandatory fluoridation of drinking water. Other Councilors also expressed a hope that Ashland could be exempted from a mandatory fluoride law if it had an existing code that prohibits fluoridation. At that meeting, Council had general consensus that they would like to consider the topic further. Council appointed a committee of Councilors Chapman and Hartzell and Mayor Morrison and requested that the Committee revise the ordinance to make it simpler and to ensure that the City can continue to treat raw water to make it potable. That Committee met on September 1,2006 and agreed on the attached draft ordinance. The attached ordinance is simpler than the original ordinance. Like the July draft, it still prohibits anyone from adding a substance that is used for medication rather than to make water potable. Related City Policies: Council passed a motion in February 2005 opposing a bill in the Oregon State Legislature that would have made fluoridation of municipal water in Oregon mandatory. Council also passed a resolution in May 2001 that urged the Legislature to Observe the Right of Self-government for Oregon Cities and to Refrain from Pre-empting Local Control. Council Options: Council can move to approve first reading of the attached ordinance. Council can give additional direction to staff. Attachments: Ordinance r;., ORDINANCE NO. AN ORDINANCE ADDING A NEW SECTION TO TITLE 14, CHAPTER 4, RESTRICTING THE ADDITION OF SUBSTANCES TO THE DRINKING WATER THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: A new section shall be added to Ashland Municipal Code, Title 14, Chapter 4, which shall read: 14.04.050 Water System Chemical Addition Restrictions. a) It shall be unlawful and a public nuisance for any person to introduce or add any substance to the public water supply for the purpose of acting as medication for humans. b) Notwithstanding paragraph a), the City of Ashland will treat its drinking water to make it safe and potable in such a way that it meets Maximum Contaminant Level Goals established pursuant to the federal Safe Drinking Water Act (42 U.S.c. 300f et seq.) The foregoing ordinance was first read on the _ day of PASSED and ADOPTED this _ day of , 2006. , 2006, and duly Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of ,2006. John W. Morrison, Mayor Reviewed as to form: Michael Frane/!, City Attorney DOCUMENTS SUBMITTED AT THE NOVEMBER 7, 2006 REGULAR COUNCIL MEETING Information Technology Department 90 North Mountain Avenue Ashland, Oregon 97520 (BOO) 735-2900 I City of Ashland Memo To: From: CC: Date: Re: Martha Bennett - City Administrator Joseph Franell - Director of Information Technology 11/7/2006 Communications and the ListServe Following are notes from today's preliminary discussion about how to enable more effective communication between the members of the City Council and the citizens of Ashland. We identified fIVe distinct communications paths: · Citizens to the Council · The Council to Citizens · The Council to Council · The Council to Staff · Staff to the Council We identified four SpecifIC goals in relation to the above paths: · Communication should be as immediate as poSSible · Communication should be transparent · Methods of communication must be simple and easy to use · There should be no staff moderation of communication The latter three communications paths seem to be served effectively by the "Council Business" ListServe except that access to view the archives needs to be easier. Two options for serving the "Citizens to the Council" and the .Council to Citizens" communications paths were discussed. They are as follows: · Use the current Comment to Council ListServe with the following changes: o Rename it to .Ashland City Forum" or similar title o Post instructions for use and purpose in plain language in multiple locations o Make link to it very visible on City website o Create a mechanism for citizens to e-mail all councilors easily without having to subscribe to the ListServe. · Attempt to get concurrence from all other forum owners (Tidings, Chamber, etc.) to create one "Community Forum" that is pointed to by all web links. This would centralize all electronic public discussions making for a less scattered approach to citizen communications. QUTli fI. fIILLEQ PtlILIP C. LANG. LC0W '.cc;:ri':i::--'CJ~' 758 f) &.lred · Ashland. Orc8on 97520 QCNdt:llce 741 · 482--8679 Office!fci',{ 541 · 482-5387 November 2, 2006 Mr. Ronald Bersin, Executive Director Mr. Don Crabtree, Acting/Interim Executive Director Oregon Covt. Sdandards & Practices Connission 100 High Shreet S.E. Suite 220 Salem, Oregon 97310 Re.: Complaint Against Ashland City Councillors and Mayor(s) Dear Messrs. Bersin and Crabtree: I am filing a formal complaint with the GSPC against eny Ashland City Concillors or mayor(s) who may have accepted free tickets to the Oregon Shakespeare Festival (hereinafter referred to as OSF)in violation of Sections 244.040(2) and 244.020(8)(e). This issue, as well as the larger one of an ethics code for elected and appointed officials has a long history. The practice has gone on for years - probably decades, despite complaints and warnings from many quarters - including the former E~ecutive Director of the GSPC - L. Patrick Hearn, who appeared in Ashland on ~~y 5, 2006, and who responded specifically to the question of concillors and mayors accepting OSF tickets, which he characterized as both unethical and illegal. (Exhibit 8). At the same time, OSF has enjoyed continuous gifts of property~ grants of land and numerous other benefits, g~ati$ fQ~ oYe~ h~lf a century! . -- I am attaching a narrative and exhibits that 1 hope Will fac~litate your investigation. PHIL attaahments cc: Hayor(s and City Councillors affacted (1) WHO IS CHARGED? Those charged are any mayor(s) or city councillor(s) who have accepted OSF tickets. Since the statute of limitations is four (4) years, this includes those serving in these positions in 2003 th!ough 2006. A list of councillors and mayor(s) is attached as Exhibit 1. (One councillor - Jack Hardesty, died in office in 2006).. WHAT STATUTE(S) HAS/HAVE BEEN VIOLATED? ORS Section 244.040(2) states:- (2) No public official or candidate for of- fice or a relative of the public official or c~ndldate s~all solicit or receive, whether dIrectly or ~ndirectl):', during any calendar year, 8:ny g:tft or gIfts with an aggregat.e value In excess of $100 from any single source wh? could reasonably be known to ~ave a leglslatIve or administrative interest m .any governmental agency in which the of- fiCIal has or the candidate if elected would hav~ ~ny om,cial position or over which the officIal exerCIses or the candidate if elected would exercise any authority. It is not known how many OSF tickets were accepted by ~shland officials in 2006 or previously. (The current top Price for two tickets is over $100). The assumption is that officials would be offered at1least two of the best seats each time. The so-called "Portland Traiiblazers Amendment - ORS 244,020(8)(e) does not prohibit accepting such tickets is the entertainment is "experienced...in the presence of the provider thereof...."; (e) The giving or receiving of entertain- ment if the entert.ainment is experienced by the public official or the Fubhc official's rel- atives in the presence 0 the purchaser or provider thereof and the value of the enter- tainment does not exceed $100 per person on a single occasion and is not greater than $250 in anyone calendar year, __ In his appearance in Ashland on May 5, 50026, the GSPC Executiye Director stated that experiencing the entertainment on the OS;F grounds did not meet the requirements of ORS244,020(8) (e) (Exhibit 2), The question was probably prompted by a preposterous "r~ the. law" by City Attorney Michael Franell at the ci.ty council study session of ~furch 9, 2006, when the issue of accepting OSF tickets was raised again. He opined that since the spirit of Shakespeare was al~ve at OSE, those who accepted tickets were in fact experiencing the entertainment "in the presence of the purchaser" and thus no law nad been broken. (See Exhibit 2 - Minutes of the ~arch 9, 2006 Study Session. This session is also available on video. and is much more colorful when viewed). (2) A BRIEF HISTORY OF THE ASHLAND/OSF RELATIONSHIP The importance of dealing with this alleged violation of law is heightened by surveying the relationship between the City and OSF in the years since OSF's founding in 1935. The Festival started in 1935 when Angus Bowmer, an English professor at what is now SOU put on Shakespeare plays during the July 4th weekend in the fire-gutted old Ghatallg_ua facility in Lithia Park. The City lent Bowmer $400 to support the productions, which were successful, Presumably the loan was repaid. OSF was subsequently organized as a private (non-profit) 50l(c) (3) corporation. Its "campus" was on City of Ashland owned park land - the old Chatauqua site. In 1970-1971 the Angus Bowmer (indoor) theater was built - also on city park land. In 2001 the "New Theater" was built, on city owned land (the Hargadine parking lot). A new high-rise parking facility was also built at the same time. It was physically connected to the theater and obviously meant for the use of OSF patrons during the season. All of these developments were funded directly, or indirectly, with gifts of City funds and property: 1) The "campus" - Elizabethan and Bowmer theaters are sited on Lithia Park land. Thse use is governed by leases going back to 1954. OS~'has never paid for the use of this land. 2) The "New Theater" is sited on the City's former Hargadine parking lot, conveyed to OSF in violation of ORS 271.310. 3) The City, with noq)ublic hearing or vote, indebted the taxpayers for a loan to build the parking lot- principally for the use of OSF patrons. In 1979, the City inaugurated a "motel/hotel tax" known as the "transient! occupancy tax" a large part of which goes to support "economic development". Under this guise the City has been giving large grants to OSF every year (well over $100,000). This generosity is acknowledged in OSF's program (Exhibit 3). Notable about this "gift" are: 1) It is larger by many times than that given to any other arts/cultural organization in Ashland. 2) It is given yearly and continuously. 3) OSF does not have to provide an accounting of how the money is spent- although all other organizations are required to do so. ., HAS THE CITY BEEN AWARE OF THESE QUESTIONABLE PRACTICES? In 2005 the _city underwent a Charter review process. The Charter Review Committee was repeatedly requested to include a section in ethics in the proposed revisions. It consist'e~tly declined to do so. An "alteritlative" charter review group - "We The People" was organized by citizens and also prof erred ethics sections for the revised charter. These were rejected. On January 3, 2005, this complainant appeared and recommended adoption of a Code of Ethics, providing a copy of Portland's (Chapter 1.03 of Portland Charter). (Exhibit 4). On June 21, 2005, complainant again appeared at Council and underscored the need for an ethics provision in the revised charter, specifically referring to the Ashland/OSF relationship (Exhibit 5). (3) This appearance sparked an e-mail lnquiry from the Daily Tidings reporter asking coouncil members and mayor about their acceptance of OSF tickets (Exhibit 6). It is not known whether any or all of the councillors or mayor(s) responded. No information was ever published by this or any other reporter. On August 16, 2005, this complainant once again appeared at Council to "keep the issue of an ethics provision in our reviwed charter before you" . (Exhibit 7) In January, 2006, complainant again appeared before council at its first meeting, again stressing the need for an ethics provision in the Charter. On March 9, 2006, at a Council Stludy Session" the afforementioned "interpretation of ORS 244" was made by the city attorney. (Exhibit 2) On October 3, 2006, the council had an item agenda on adoption of an ethics requirement for elected and appointed officials. This would apply the currently existing ethics clause for employees to these officials as well. It was never reached on the agenda. It did not appear on the subsequent agenda of October 17th. WHERE IS INFORMATION AVAILABLE ON THIS MATTER? The list of mayors and coouncillors within the compass of the statute of limitations is attached (Exhibit I), They can all be contacted via the Ashland City Hall office. Some have admitted taking QSF tickets~ some have denied doing so. Some have never made a statement about it, Tjere may be records of who received tickets, when, and how mahy, at the office of OSF. Contact; Paul Nicholson, Executive Director at OSF - Box 158, Ashland, Oregon 97520; phone; (541) 482~4111). The issue has been discussed many times at formal oouncil meetings and study sessions. These ara available as minutes or on streaming video at the Ashland web site; wm.1.ashland.or.us. The City Recorder has copies of videos of the various meetings. CONCLUSIONS For many years - decades - various councillors and mayors have accepted gifts of tickets to OSF. This has repeatedly been identified as unethical and illegal formally at council meetings. The former Oregon GSPC executive director has specifically identified acceptance of these tickets as unlawful. Meanwhile, the Ashland City Council has bestowed many benefits, grants of money and property on OSF. The question is not whether these have been purchased by gifts of tickets. The questions are: I} Is it not wrong for Ashland public officials to create suspicion in the public mind of such a connection by accepting these gifts? (ethical question) I,; 2)Is it not wrong under law for Ashland officials to accept gifts of tickets? (legal question) (4) The answer is "YES!!! to both questions. CO~~LAINANT'S REQUESTS 1) That this matter be fully investigated as mandated under the law and the provisions of ORS 244.040 et. seq. 2) That those mayor(s) and councillor(s) who have'tiviolated the law be sanctioned. attachments: Exhubits 1~6 cc: Mayor Councillors Former mayor and councillors within compass of the law 10'29:2006 05:03 FAI Fax Date: To: Fax: From: Total Pages: Mr. Lang, I4JtJ('l i~lh&ff 1. CITY OF ASHLAND October 31, 2006 Philip Lang 541-482-5387 April Lucas, City of Ashland 2 (includes cover) Here is the City Councilor and Mayor information for the past four years. I am sorry. but I do not have their addresses. Please let me know If I can be of further aSsistance, Sincerely, April Lucas, Assistant to City Recorder 2006 Mayor: Council Position 1: Council Position 2: Council Position 3 Council Position 4: Council Position 5 Council Position 6: ~t)1J.....~rI--t?Io John Morrison~-~"'\ Jack Hardesty; Alice Hardesty (appointed 7/200t3) Alex Amarotico Cate Hartzell Kate Jackson Russ Silbiger David Chapman ~ Mayor: John Morrison Council Position 1: Jack Hardesty Council Position 2: Alex Amarotico Council Position 3: Cate Hartzell Council Position 4: Kate Jackson Council Position 5:.. Russ Silbiger Council Position 6: Chris Hearn; David Chapman (appointed 612005) CITY RECOROER"S OFF=lCE Tel: 541...88-5307 20 =aatMaIn Strllel Fex~ 541-55~-2)S9 Ashland, ~on 37520 TTY, 600.735-2900 www.uhlard.or.us ~... ...~ l!! '29,' 2ft!)!} US; o~ F:~..'; 2004 Mayor: Council Position oj: Council Position 2: Council Position 3: Council Position 4: Council Position 5: Cou neil Position 6: 200l Mayor: Council Position 1: Council Position 2: Council Position 3: Council Position 4: Council Posi1ion 5: Council Position 6: 2002 Mayor: Council Position 1: Council Position 2: Council Position 3: Council Position 4 Council Position 5: Council Position 6: .b.lan DeBoer Don Laws Alex Amarotico Cate Hartzell Kate Jackson John MOrrison Chris Hearn Alan DeBoer Don Laws Alex Amarotico Cate Hartzell Kate Jackson John Morrison Chris Heam Alan DeBoer Don Laws Susan Reid Cate Hartzell Cameron Hanson; Kate Jackson (appointed 4/2002) John Morrison Chris Hearn CITY RECOItDI!R"S OfFICI; Tal: S41~&-5:xJ7 20 East Mai~ Street Fax: 541-552-2059 ~o Olegon 97520 TJY: aoo.7~5-2~O lnIWoashlantj.Q(.u~ ~A' I4J 00.2 Page 1 of 4 City of Ashland, Oregon - Agendas And Minntes ~tfJ PJ ,r ~ Is ear c h sitemap advanced search QUICK LINKS Back . HOME . MAYOR & COUNCIL City of As_hlilnd, Oregon / City Council City Council - Minutes Thursday, March 09, 2006 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL March 9, 2006 Civic Center Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Morrison called the meeting to order at 5:22 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Hardesty, Hartzell, Jackson, Silbiger and Chapman were present. Councilor Amarotico was absent. 1. Street Condition Assessment and Financing Interim Public Works Director Joe Strahl introduced street employees Steve Burkhalter and John Peterson. Mr. Strahl explained that a street condition inventory had been completed and it indicated that there is a.back-Iog of streets that are in need of repair and the condition is getting worse. He stated that the number of streets and expense related to repair is increasing. Overall there is approximately $5.3 million worth of unfunded street work in the city that needs to be addressed in order to maintain the system in a cost effective manner. The department is prepared to do what is necessary but cannot do the work without the money. Staff recommends that a task force be appointment to work with staff to develop funding options for council's consideration. Mr. Burkhalter gave brief explanation on how streets are evaluated and determination on the condition of the street. Mr. Strahl explained that it is not unusual to have a back-log of streets in need of repair and due to priorities in the department, the rise of fuel costs, level of average street conditions and other factors can result in an increase in the number of back-logged streets in need of repair. He stated that basing your standard on an average may not be the way to go and he suggests concentrating on the low end of the system to make sure more streets don't fall into this category. He explained that when deteriation sets in, in sets in quickly. httn'//UlUTUl ~"hl~nn or 11"/ Apendas.asn?Disolav=Minutes&AMID=2548 11/1/2006 City of Ashland, Oregon - Agendas And Minutes Page 2 of 4 Council and staff continued their discussion on various areas of the community where street repair is needed. It was suggested that street System Development Charges (SDC) be reviewed. Mr. Strahl suggested that the lower end streets be focused on as a priority and that it could be part of a capital improvement project. He stated that the city does contract out for engineering. It was clarified that SDC's can only be used for improvement based on capacity and could not be used for maintenance. Mr. Strahl gave examples of capacity improvements. He stated that "load limiting" needs to be done with care, that there are streets that are designed to handle certain loads. One of the problems with load limiting is that the people in construction trades feel they are already paying the fair share of the cost. Council and staff continued discussion regarding various streets with steep slopes and how drainage is important in these types of streets. Staff suggested forming a task force consisting of staff and citizens that could bring back funding options for the council to consider. It was suggested that a sub-committee consisting of staff and council may be a better approach due to the complexity and different sources of revenue streams that may in competition for by other groups. Finance Director Lee Tuneberg spoke regarding the various revenue streams. He also noted that it may be beneficial to have a group look at various revenue streams to evaluate whether we have our fees set appropriately. He stated that it is important to look at what else is being funded and that by having a group look at the big picture may be important, especially if it is done sooner rather than later. It was clarified that the task force would be to explore funding options, clear expectations and have a time-line. Mr. Tuneberg stated that due to the size of the project it will take longer to identify funding and is a multi-year project. Mr. Strahl stated that there is a need to plan now in order to plan projects. Staff will develop a charge for the task force and may work with the SDC committee. Council consensus was to move forward with the formation of a task force and will determine who the members of this task force will be when the charge has been developed and brought back to the council for consideration. 2. Ethics Code City Attorney Mike Franell presented the staff report on the concerns that have recently been expressed concerning public officials and ethics in Ashland. He sited these concerns as 1) public officials using their position for personal financial gain and 2) public official participation on issues in which the public official has a potential conflict of interest. He requested discussion from council on tightening the provisions by the City relative to public official ethics. Mr. Franell provided several examples from various cities on what they have in regards to ethics. He stated that there are very few cities that have ethic codes, as many rely on the State's ethics guideline. He stated that the current ethic code by the City of Ashland is one of the strictest, but that it relates directly to employees not elected officials and members of Boards and Commissions. It is assumed that ethic laws for elected officials and members of Boards and Commissions are based on the State's guidelines. Mr. Franell explained, in relationship to the acceptance of Shakespeare tickets, that the http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=2548 11/1/2006 City of Ashland, Oregon - Agendas And Minutes Page 3 of 4 donor of Shakespeare tickets is "Shakespeare" and that the council would be in the "presence" of the donor and could then accept the tickets. He also spoke to the situation where there is a "client for hire" before the Board, Commissions or Council. He requested guidance from council in regards to elected officials, members of Boards and Commission and the acceptance of gifts. Or, limit the "client for hire" if coming before the decision making body. It was suggested that the current city code incorporate the elected officials, Boards and Commissions. Mr. Franell requested further guidance from council in regards to "client for hire" before the board of which they are a member. He gave examples of "client for hire" situations in order to clarify what this means. Council continued discussion on the level of participation when there is a potential conflict of interest. Mr. Franell stated that the City of Corvallis code is clearer and better understood than our code, but is not stricter. He believes that having clear language is important, but trying to define every area that officials would be precluded would be too cumbersome. The important thing is to develop an overall policy. Mr. Franell stated that there is a need to determine who would enforce the ethic code. He shared the models used by the City of Eugene and the City of Salem. Staff requested direction in regards to what to include in the Charter. His recommendation is to use language currently used by the City of Gresham, where the council had direction to provide an ordinance for ethics. Further direction was requested on who these ethics should apply to and whether to tighten up the ethics in regard to "client for hire." And, how do you want to enforce the ethic procedures. Mr. Franell stated that he prefers that the City Attorney's office handle ethic complaints. He clarified that he is seeking direction from council on how restrictive the council would want to be on restricting someone from representing a client for hire before a commission or board. Council continued discussion in order to determine their direction on these recommendations. Council consensus on the short statement in the charter, with consideration of adding some language that was included in the Portland code, to include elected officials and members of Boards and Commissions in the current ordinance relating to ethics, consider enforcement for ethic complaints be conducted through the City Attorney's office and to tighten up the presentations before commissions/boards where the individual is a member. Consideration of a time-frame for when an individual was a member of a commission/board should be included. It was questioned on what the consequences would be based on ethic violations. Mr. Franell explained that if it were an employee, sanctions would be done by the supervisor. For elected officials or appointed, it could be based monetarily or actually be removed from office. He recommends that if an elected official was involved that it would be the council that should render the sanctions. City Recorder Barbara Christensen noted that she is currently working with the State's Government Standards & Practices to offer a class on Ethics. ADJOURNMENT: Meeting adjourned at 7:05 p.m. Barbara Christensen, City Recorder http://www.ash1and.or.us/Agendas.asp?Disp1ay=Minutes&AMID=2548 11/1/2006 CIJ ... "' CIJ " c: c.._ O '" "' CIJ > 00..::.::: 0- C1J",~ .....c: CIJ OV\LL. ,0 '" ~ o "'. s;:' o I:: .Q +" 113 "1:J I:: :1 o u.. .... 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I1 "1:J OJ U ~ e ~ >-..... 113 0 .... U OJ ..... ... v O'IOJ"1:J O'Iu:= 0'1.:: .~ ~u,-, ~"1:J 113 'Ih:=:1 0:10- ...I.J~ o 113 ..... O :1 :1 0-113 O:1~ ~ 113 U U'I..... 'Ih:1 u. 113 o~ ",U ... u. I.r\ o o ~ ~. ~ < ...t:: C3'1 :::s e ...t:: ..... VI ~ ~ \,J QUTI1 M. MILLEQ PlIILIP C. Ll\l~G, LC&W T58 J:) &.Lred · Ashlund, Ore8on 97520 Residence ')4-1 · 482-86')9 Ofi!ce!flL\. 541 · 482-5387 January 18, 200S- Distributed to: Charter Review Committee City Council & Mayor City Attorney City Administrator At the last Council meeting I asked that you consider the problem of citizen participation. I was deeply gratified that at your goal setting meeting last week you made that the top priority goal. I wanted to remind you that excellent guidance is available from the Council generated committee reports of: Memorandum of the City Ad Hoc Communication Committee - 10/31/96 (Draft) Public Information, Communication and Marketing Plan adopted by Council on 9/15/98. Bill S~reet's suggestions at Council meeting. Tonight I want to recommend that you adopt. a code of ethics for Ashland's elected and appointed officials. Unfortunately, the Charter Review Committee has dumped the issue of adopting a code of ethics into the "miscellaneous" category. It is receiving no attention let alone not being made a priority for inclusion in the reYt"s:esi charter. ORS 244 covers "fair practices and ethics". But it is narrow and limited. It specifies only i few blatant behaviors as formally unethical. We need a code of ethics more comprehensive than that. We needn't look far for a perfect model - indeed a code that can easily be adopted whole and entire. I commend to you the City of Portland City Charter Chapter 1.03: Code of Ethics. It is comprehensive, straightforward. It iswr~tten in simple, declarative sentences every,one canunders~and and apply. This short, two-page cha~ter covers definitions, trust, objectivity, accountability and leadership. Beyond making rules and sanctions for ethical behavior, it constitutes a framework, and sets a tone for the best behavior of elected and appointed officials. I commend it to your attention and request that its consideration be made a core issue in Bharter revision. PHILIP C. LANG attachment: City of Portland Charter-Chapter 1.03: Code of Ethics (2 pp.) QUTlI M. MILLIQ PlIILIP C. LANG. LC6W . ~";tiF~J~' 758 B SLreet 8 Ashland. Ore8on 975'20 Residence '541 · 48'2-8659 Office!fax '541 · 482-'5387 June 21, 2005 To; Hayor City Council City Administrator City ATtorney Re.: Ethics in the Charter and Gratuities from OSF On January 18, 2005, I appeared before you tG,-'recommend that you adopt of code of ethics for Ashland's elected and appointed officials. I gave you a copy of the City of Portland's Charter Chapter 1.03: Code of Ethics, which I a1rach for reference again. I suggested that it be made a core issue in Charter revision (Exhibit #1). At that meeting I said: "Given the g(j)iing.s-on in federal, state, and perhap' 'city governments, who can be against an ethics provision?" Tonight I want to underscore the need for an an enforceable ethics provision by exposing one of those "g(j)[:ngs-on" in Ashland. I refer to ou~ elected officials - some, perhaps all of you - accepting free tickets from the Oregon Shakespeare Festival. This acceptance of gratuities from OSF has been going on for years. one had greater expectations given the changes in our mayorship and But the practice goes on. It is unethical and improper. I for council. The City of Ashland's relationship with OSF goes back the entire life of the Festival - to 1935. Current major involvements include: 1) Each year OSF receives over six figures in cash allocation from the hotel/ motel tax. It is cited as a "sponsor" in the aSF theater program under "gifts of $100,000 to $250,000". (Exhibit li2). This has amounted to millions of dollars over the years. 2) Every 25 years the OSF lease on the theater cnmplex, which sits on Lithia Rark land is renewed as a matter of course. A~ each renewal the requirements for aSF to provide usage of its facilities to the community is reduced. aSF pays nothing for this lease. 3) The City gave OSF (in violation of ORS 271) our Harg~tline parking lot for its new theater - for no consideration. 4) The City "reinterpreted" the planning ordinance limiting building size to allow construction. Afterwards it indirectly admitted its "mistaken" interpretation and allowed the original ordinance to stand - but aSF had its "nonconforming structure" theater. 5) The City indebted the taxpayers for almost $700,000 to finance a parking Ethics in the Charter and Gratuities from aSF - 6/21/05 - p. 2 lot, primarily for aSF patron use. 6) There are other numerous and ongoing advantages OSF enjoys from the City, many of them of questionable legality: illegal and dangerous sidewalk paving, initiation of construction five months before receiving a building permit (new theater), and on and on. These all amount to tens of millions of dollars in cash and "in kind". Any city official, ~lEcted or ~ppointed, who accepts emoluments from OSF under these circumstances is acting improperly and unethically. The acceptance of such gratuities also appears to be in violation of section 244.020 of the Government Standards and rractices Act. (Exhibit iI3). I/therefore reques t the Hayor ami Council to do the follm.]ing: 1) Those who accepted OSF tickets should a) Admit to it. b) Commit to not doing this again. c) Pay OSF the price of the tickets received. 2) The lillyor and Council should explicitly and strongly support the inclusion of an ethics chaper in the revised Ashland City Charter. I am attaching an essay: "Ethics & Ashland City Gove;enment" (Exhibit 114). PHILIP C. LANG OSF Hember #43481 (since 1982) attachments Ruth Miller ~~fH8;'- ~ - Page 1 of2 From: To: Sent: Subject: "Colin Swales" <colin@mind.net> <ruth@mind.net> Wednesday, June 22, 2005 9:59 PM Vicky to Council Philip & Ruth, FYI, From the Councillistservre: Colin Hello Ashland City Councilors and Mayor, <!--[if !supportEmptyParas]--> <!--[endif]--> I wanted to follow up on our very brief conversations after the council meeting on Tuesday, June 21, about acceptance of Oregon Shakespeare Festival tickets. I hope you can answer the following questions to the best of your recollection. (John, since you were gone, you may want to get an update from Mike Franell and see his memo if you haven't already done so.) <!--[if !supportEmptyParas]--> <!--[endif]--> I will be out of town until Tuesday, June 28, so there is no rush to answer these immediately. I hope that will give you time to try and remember as accurately as you can. Please send your answers to valdous@dailytiding~.com (instead of pushing "reply" and sending answers back to this sender e-mail address.) <!--[if !supportEmptyParas]--> <!--[endif]--> 1. How many tickets have you received this year and in past years? 2. Do you remember when you attended the performances (the date of performances greatly affects the price; i.e. summer tickets are worth more than spring or fall tickets)? 3. For those of you who served on the Citizens' Budget Committee before coming to the council, did you accept tickets while on that committee? Did any other organizations, especially the ones receiving the economic and cultural grants, offer tickets? 4. Do you plan to comply with Philip Lang's request to commit to not taking tickets again and to pay back the price of the tickets to OSF? 5. How does OSF offer the tickets? Is it an unlimited number of tickets or "up to" a certain number of tickets? Are they for any time, or for times when the theaters are less full, like spring, fall, Mother's Day, weekdays? 6. Were you aware of the $250 yearly cap on the acceptance of gifts? 7. Any general thoughts about whether it is appropriate for you to accept tickets, or anything else you want to add? 6/23/2005 Page 2 ot' 2 <!--[if !supportEmptyParas ]--> <!--[ endif]--> Thanks for your help on this. As I told some of you and wrote in my article on the Tuesday council meeting, I also have received free tickets from aSF, so I need to do a complete story on this issue and not "sweep in under the rug," as some would say. <!--[if !supportEmptyParas]--> <!--[endif]--> Vickie Aldous ~ldol!~@dailytiding~. CQID 479-8199 (home office where I can be reached afternoons and evenings) 6/23/2005 bm18lT PHILIP C. LANG. LCS\; RUTH i"\. l,,\[LLER 758 B Street Residence Office/Fax Ashland, Oreflon 541 · 482-8659 541 . 482-5387 97520 August 16, 2005 To: Mayor City Council City Administrator City Attorney Re.: Ethics Provision in Charter " I am once again appearing here to keep the issue of an ethics provision in our revised charter before you. Here is a brief history of this issue: On January 18, 2005, I appeared before you to recommend that you adopt a code of ethics for Ashland's elected and appointed officials. I gave you a copy of the City of Portland's Charter - Chapter 1.03. I am giving you a copy again, tonight, Subsequently, the Charter Revision Commission was informed of the need for an ethics provision in the charter at the public meetings it held. It was not on their agenda, and was relegated to "etc.li or "misc." on their various chartpaks. Their final recommendations do not mention an ethics provision. Meanwhile, the Ashland Constitution Dialogue group developed its recommendations, which are before you. On June 21, 2005, I appeared before you using the tns~~nee:ofyyour accepting gifts from OSF as an example of the need for an ethics provision that alon~ with other important nrovisos, stipulates that all public officials never acc~pt gratuities of any kind in any amount. As far as I know, except for our Mayor, who esch~JS accepting such gratuities, all of you accepted OSF tickets. None of you has, to my knowledge indicated publicl)'! how many tickets you.Jhave received and their value - nor any other gratuitiesoffere&accepted from other entities. I do know that OSF proudly advertises the "gift" (sic) it receives from the City of Ashland which exceeds $100,000. City Council re: Ethics - 8/16/05 - p. 2 On July 5, 2005, I met with the City Attorney. He had produced a memo, dated 6/20/05, stating the GSPC rules and finding that they had not been violated. In a subsequent Tidings article, Mr. Franell was quoted as saying that "technological changes" that could occur meant that ethics provisions, if adopted, should be in an ordinance, rather than a charter chapter. 1) In our conversation he denied saying that, which implies a "situational ethics" attitude. Core ethical principles do not change. 2) 1." pointed out that ordinances have a bad habit of being repealed, or ignored when they don't allow the desired result (viz. repeal of the B & B ordinance, violation then "reinstatement" of the "Big Box" ordinance, etc.). Mr. Franell acknowledged this as a point he had not considered. We need to note that the GSPC ethics guidelines are less than minimal. They are written by lawyers, for lawyers, which is what most of our state legislators are. They are written to keep them off the hook or get them off. They Fave little to do with core ethical values and principles that govern our personal and business lives and should govern our public officials. f'1ore thana little amusine is the fact that Ashland has an excellent, Code of Ethics in AMC 3.08.020. Its deficiency lies in the fact that it applies only to employees! Would that its preamble was respected by our elected and aprointed officials and its provisions incumbent upon them: SECTION 3.08.020 Code of Ethics. A. Declaration of Polic~. The proper operation of democratic govenunent requires that employees be independent. impartial and responsible to the people; that govenunental d~isions and policy be made in the proper channels of the governnlental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, there is hereby established a Cocie o~_~thics for a~ em~~~ees. whether paid or unpaid. ',:':::::;:. \:~'::::;:;::::;j::!: I am attaching materials previously submitted in the hope that you will take action on ethics: a critical issue affecting everything you do: Portland ethics chapter AMC ethics chapter Essay on Ethics and City Government &1JHBJT i ""'-- ,... ..; . fJT S'/&(t61 A~illanQ, g~t~- ethic's;~leE"'s'6if~r' ., By Robert Plain' , " Ashland Dai!y Tidings ;' - '~ \" , , ' .,' , ,I "Elected officials and members of boards and commissions must publicly disclose .conflicts of interest," he said. "Public em- ployees must make disclosures in writing." Hearn was in Ashland at the bequest of City Recorder Barbar~ ChristenseIl,who , , set up the seminar as an educational event for Ashland residents and public officials. The seminar was hosted by the Oregon As- sociation of Municipal Recorders and CQst the public $10 to attend. ' '. " Heard said he was familiar with both aforementioned examples of ethical impro- priety in Ashland, but his office, the' state Government Standards and Practices Com- mission, never issued formal opiniqns, 'on either matter because they only do so when, formally requested to in writing. He said his office is happy to give informal opinions' to people over the phone but fora f9rmal ' opinion from the GSPC one must write them a letter. , " Throughout the seminar several pe~pie asked for his opinion oh ex parte contact, l J. l J ,I, .' ,j .;.. ,( l , .1: i I I . . .~' " ., __ ':~c <..,~:,<:<_ - --orllfonnation that could have a bearing 011. a ' " quasi-judicial hearing such as a planning ac- \ hon: He said the Oregon League of Cities and ' " Towns woul~ probably be the best organi:i~ttoJi 'I " to ask questIons about land use matters.,' ' . ;..' : ,', "Reme~ber, just because it is legal, doesn't I make it ethical," Hearn said several tUries throughout his seminar. He opined that apu,h. lie official who frequently works asasuli~coIl" ' tractor for someOIle doin&, bus~esE\ With th~ySHY . " __,",_. '_' _' ",,_,_.:_~__'~._~.,:: t,_,_, '",_'-".~..._,_ ,.,:.,tir,":'t;.',,~1;~,,'i rrught not be l~gliily ~~qcir~d to'disciose the te- ~ lationship but, in his mind,it woUld be the right thing to do., ' ," ',:' , ,,'<' '.', "It's, not covered by law,pu;t(I ~hiI1k it,~h9ul4 " be disclosed;" he said,abdut working fOl:some- one who does business with the City; "The whole idea is to be as transpatent as possib~eJrhe bot- " toni line is: don't ever be afraid to disclose, It never hurts to over~'disclose buttt ~o;~ld hurt ' you very much if you don'tdjsclose." ,~,..,:I.,,; ,i 'j . '._ ;". ,- - ."'~!" ,""'1 'C'!- -_.~,.".l1..r . , . . ." ~.. " ". ." ," . ,- . 'Staff writer Robert Plain can be reachedat'48Z-34S6 " x. 226 or bplain@dailytidings.com.,:".:',- .,;' ~.. , /YJT I'll tJJh 3B .1 "f",~:.:",'" Ashland COlJncil .. , faces. ~t,hics probe ..... By ROBERT PLAIN for the Mail Tribune . ASHLAND - City CounGil . members likely'acted improp- erly when they accepted free tickets and attended plays atthe . Oregon Shakespeare Festiyal, , a,ccordingto a state offici'al. .' , L. Patrick Hearn, executive director ofthe Oregon GOvelTh~ ment Standards and Practices Commission, made theasser- tion at a seminar on ethics for . Pllblic officia,ls held in Ashland . I . on Friday. All Council mem- ,. bers, who at timesvoteon mea- ~ i,'sures.that grant nloneytothe; ..: OSF, admitted acce'pting the" )r~et~ck~tswhenaGtitiG.bf6SF j ". and city government 1;>rgught i . the issue up atacoVIl~il m~et- :. .' 'J '. I... '" -.""..j. , , " mgmun~"';<<I'-:(""" "j i . . Although the.~.ity'-1i attorneY. '. said in June 'th'a:fhebe~iev~d ; ,.j the free tickets' were!l~gal,) . Hearn said state law allows ~ public officials in0regpn to ac" : ceptgifts6fentertainnientonly' ifthey ~'experienc~" the enter- . .. tainmentiIlthepresenceofthe, gift-giver. . '.' .... >.'.; ::';'; ',' I Hearn 'said this exc~pii6n;is : .lq}own as the "Portland Trail- blazerS amendment" because it waspas.sed, inplm:,to allow lob- ~ bYiststotakela~~~ist~NBA , basketballgamesmPottiand. . ' . .... JIltheCityCouncil'sca~e,.be-; , 'cause the entertainment was' 'experienced on the fE:!$t~val g~Olmds lllone is not ~no4gh, . , ~. I ' '. he said. '.' . '. . ..;. "I would thinkthe boStshouid be a.ttending the .event with, them,~' Hearn said, noting that around the time this issue was brought up atacoun(2ilmeeting, he was contacted by a member of the Ashland CitY Council ask- . ing for his opinion. "I told l1er . the bott6mlinewasth<l.tJW;quld nottakeCthetickets).".;,c f 10 Hearnalsp stressedfolio\vlllg '. the letterofthe lawisn'talways enough forpublic officia:l~:.,j "Remembe,r, just !:?,E1cause it i1i legal, doesn't wake jt ethi- '. . cal,'lfIearri s'aid sever~ltiItie~,""'.'i. For ~nst~nce, he sai'd ~ pUblic ~;:. official Whq fJ;:eq!ien~YW2rks~:';:;. . as ~ SUb"c;:optrac;:t9rtfor,:'&QIn~~~;:c:;:'ii,;'j' one doingbllsiness with the Qit;J'c. ,;' " mightnotbelegallyr~quiredto ' disclose the relation$hip lmt,in " hi~ mind, .it.wquI~,r~;the#ght thmgtQ,~9~i>l1"!i~-+*t;io\i~~~i; .!.1j'"~ ,'~The whole ideaistobe as tr~nsparent as posslble;,lfhe bottom line is don't ever be . afraid to disclose. Ifrieverhurts to over7disclose, qutit equId. hurt you veryIIl,H~9JfY9Agpn'~ disc;:Iose/' ,', .i; ";'r'''~ ~,'., :"",:; ,.., ,\ /~eagi 'Y~ ,i.nMJ!l~I}!t~1tJl~ . behest of CIty :ReC9rc;le~,B~:r,~ " bar!l Christensen, Who set ,up .. the seminaras an edUCational ". event. forA:shhind'resld~nts" ...., ..,1 ang publi~ofti~ial~~TIi~:~~jI1F, "., n:i1'.was hOl:;tedbytp.e,Oregon . Al'~Qclatjpp,Qf.MJu~.iqip~!~~:- corders: . ", "," ,.,~"'f. . ....., '"'.,,,~'," ,;.,.... ..,'i,. , .I ~ . Nou e,~ b<< 7) a 00 G ',-""""",."-",,,- 'U0:L, ~CJt{Jlci.[ 0 r">) M ~ r CCiJ) 6. 'fi.} MvrLiI1 iYfh:cfo r VJetUJ -to r~ ~~<e 1il\Dluc:u~A! ) ",.., S"YV\Jj~ ~(~ ~ c:c:\ ruQ-for ~ i'"eAtw Vl~ tl VVti+ 'fbt-- ClYll f1\JJJ'l LLf- K0Vi\ €. I h 1')' bn:~~rf~(L 'iD-~1 'iL' , 3" O. 'f \ E'.a..<; ~ K. e e. P -dill S 0-- r'n' (") rittj J S Cl -d^,-CLi-- t+ C'R Y\- '0 ~ LI (\ t--~ c9 ~ V\ \8 <'~f't rE- ::)C~ t"- t 1(\ 'I ~ j /1---- bel C!-0c,l Yl (I:j letS U.:k,(l h.GtlLQ \0<:B/I ~(N o..i{!b"{Cr ~-cths (~_j8 0'1. ,C'f- -110L l C;:-~. C~. -e. , t<'t~LLJJ a.t '\I\h GLY.~ r::- (F;j c~ Dear Councilors and t"la vo l~ : T I 'iT! concerned abou-i;; th'2 a.nim.3.1.s in Ashland 1..\lho ar'e tied up .3.1; their helmes for excessive periods. They suffer loneliness. frustration and boredom. They als~ 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 restrict the tethering OT dogs and ot~ep a~~imals " i~l::=:;Ja~. . ~le.3.'3e hea"!lly' a 1'; 1;r~€? 1 r-if nC)ines. '.,. ;;1 . By doing this, you The~,,' .. pe ~, ~ f}Lf.l'5-3. flr::e = ..:..v ~-:r-E- / ./ mGf'e /) d~ help peopl.~ .~Chained dogs are often a lik.:?ly to b'i.~ p.~opl>== th.an cd:;h~r dGQs - .... , . ." ~A. i / 7'--0' - ~ ba ,"k i ng :,.\1 i 1. 1. .3. 1 so also t ~CU -.l,~'~:. C'C\ r L? j" '/ /i v':; "~i J -' i rf, b\ r ~ " -t \..t:' "!lO!of./ ~/[el'S5^ ~-1I+ct1(,," - i-~;Y~ - ,~,---... r- '" ,-A t,,-, T <::J' \ c r )1,-, ( ('- ~un t, \''\,\ ,~i (JJ..-J I \f-dCtn-ft~~f~~-~LJ :, ~ I <~::- 0'/16 !)L'VI'cz.. ~d~i t':\ lQ Ii !\'{V\ ((\/V () \.i/ 'I i/Jt) / ()Cp ~~.._~_ - ~_ 1", -/1../,__, . ).0/0& I'~~~\~ ~ 1f;~~l\J~~~"'-.;o;'~t.'J'$'t-;:~,W~\J l .;;....r :;~~-_::>~~'~/~~;:ir_o..~;",~~~~~~:~,' , are. 5; q ( , 7- '2d '?' 0 30 4~'-) --c(.) ~- ~~ o t( - -II~ -,<;,-<) ~t/ (:?11 - l-l 'L-'-) -/.) r(,.; i ~ llf \.( ,j S - I t( ) s (541) 4)'~ -l>l5i .t'''-vi I \ Y)~J.- \~' (!-C\I ,t"\ (Sr..r.Sj VJ1,IC'9-l' ~,~ -~, \) J I.)" I [)\..., (\ I \..-, \~V\".\ (IF-!... I '/ nff) 1 nigh l~,{~( s ~-) /J - /, -'"~_"H ; ,i l_ A f SJ.~---f. ~!..v;f_J,//f/ ~ ,-:_- "..... ) ,>c~;;-"'< . ,> -/"1"0'/'. L./ ....v ".---........-.~ '.!..-,- ........... ,., I./" ~_II:',._" (y \.I ~ fh.1b'r"), .. y- J 1~033~C)~'-;~,~I-'D-fLY-'~ , .. - 4i.!,_,;;;.~"",:-.~,t-', . ~..,...~~_~_~ \ /\ -- ,r' ----'h \C l""lc/6& ~ot\", \*eG-.~ '(I!?L)/vb /I~ c7( 7b /U: tk !~irJ1cf ;-;( ( j > hi r) A(c~ r (~'_i) (-+lfi~OLr\" u <-- \.... , ') . ; ',', '".' ,// 1.1 / /r:,r{/ -7~' 1~'7 '/ ~_ f" ' . \J ...' ~ L 'l\ l,,, " r )' 'i I .:.. k/l .::.... (.., / I) '- / ,ic (j I ~L ( IS,) i-,v~(J(r, <."1 Aj tJqK~1 / G cr }o i ;,-> ~ In .-v:~' (,'",C\ A"'-<-~"'"'~~ 'l'-:>, ,/ rO -' v'/' "'f)'1v, i,' ",- (- -," \ '\ ' \'~r;; ;''':;' - .. t !__ l,/fCk\, Cf\. CliJc:crf I/,vl..-~, {-~\<"t'Ji'I)"\d"" ft"J' c;< f _ _ > ( \.. \1 / .. \. r. '~I '+1 (' 111/' r': 1.;-1- ../. 'l(/~ ,,"-' J .. t"/ - I:-~ /, "'--wi [:./I,~~;/ ,1''"'' , c:p--' c' ~ /'- 'j As I') \ o,--r-) ,f '''''I'f-=':' ",~) I '.--' L-" r' '(." \ A '-,,,/ n ,:',--ft- --ii, /,1 (/ )r0j'~ ) r\ "i[ LV i ...... '_. I...... \ I ~ :, ';' ,:;. j, /., I 1.'_ / /\ " I;' '.~ ~ ~ ..... '? [,-irh C:..l,' , LL-::-; ::) I ~Jl\ fc Bo"'! l\~/I / f:. /-,') . ,...... / /~' . ;; C/~'''''--}''' ('.. ..,;:>.:./1.(...J .!~1/~ / --' J "--.-' .ra.. I f?f: I!'C' 9?~~ 5i.f;".4~~--Y---~----_..::::r~~-::-"-~~'-'I"'""-':'~........_",,~,~. Dear Councilors and Mayor: I'm concerned about the animals in Ashland who 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, 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 a t i;h<;~ i r homes. . doing this, you will also help people. 11l<ely' ~ Sonsc~ (aU"lns dogs are often a barking than oth~r dOGS are. A, i 7"--0 ,.' J ~ I - .- 0 fo WF\\f\J€- --p ~\e((\ Ws~r\ b-t. ~.::Jl\J~P ~ J ) ('7 { l 1;G,Y\ J~eY' c>jtJ)~~ ~JhJ G\)l~.~ ,II\. :Dtl-t1letie ~ aAiCV/'- , I lrl(Cir I ~''^ '. \) ! ( ."\ /I- 1- N~~A>fl~ --- I ~ ~~:1~'.t:~~::~~~~ ~'\:~~,::,~,;..~o, '~#.;,,s, iV7,:"~.;:'.\j"""F~~~'-q-,~ -~""'f~V"--.;""""~--~ ( 'OJ t1J:.lP /~ _ /_. ,JI U('01->l~ ' l./;/~ Jrtl 176(j) J ~C\~l- '13>O-rbo-xCA 2>)-- !\ShAW __-,- I I . ~ \, \. Dear Councilors and Mayor; I'm concerned about the animals in Ashland who are ~led 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, OT dying af heatstroke~ JackSOf1 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 i;rle i r. nl:Jines '& -::1. '-, doing this, you will also Thev're -1-0 mnr~ 'f r~r' 11+ -=>-, /JcLPI\ -,?- eh j{-{~ :lif.r1J help people. Lnained dogs are often a barkinQ likely ~:~1~Jf~;~;:t~~;~F:~~:;1 . Y1::' .) (v'! i , i J~l , (; ( , )',', ,,; /):';' '" , ' V I'rt S I~ I .,Iit C 1 ")i J /f (~~ l'" ! SI II ''P{2L &1~ /'vi . \ 1\ ( I- I [ . , . ( 31/ -luy/p I ' i, ~i (I-.. ",;, , ; ,L! L.j \./"- ~' II.; Lt.~1 \ "~I ~ ' / \ L /..~ '........ "J'\..,l;.' ~ l_ e-\ ( ;,YI <,' -'7' '7 .. :' ./ . ~j v<-'" f I \j-7I,f.\! 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'Di-IN L--yn-<- L: (.. \ C"", J-+il- L-<',l ,~ C~ I It <' t (/1 r (.. (' . { ( / ,I'''/ <'/-~.' 'I- J/'Cf:;.. :{ / - [,'1 (_ , / - i ",1;'7 I .~ (; L:f~ , , Jt~\ I /~ (, f f t, ''t ; 1 :. , ':.\v.. I - ,." )/ ~~. ./,1 , I !. I', , , I l -~! / ') '~1 (; i , , //;?<,: ~ > ~ t~ll (J~? ;\3\/()~ I .6\ 0 k - .)~ ; '") , .: -") J :' " v L I I. f' r -', l~llo(; (c. /' - 71 ), 1 ' " .. ~'./0'-'~; '<..' l.. .u",:,,/" '-+t- ~ ' / "'--J I~, . , -e.d' i /' -? /1 c-L'" . ,/ v~~~.~- .,-'- ,.I . f/l.{.l'1p. I " 1/ .1 / ,- l < '7 'L <./"';'-:- /) /.)" i} 17 It:..- J Jj -l'~ /. I I )/: '1 / ,. ,; '" l, 1 ~l -:J.' .-..... i i\ '-. (~U ( i,l I c:-:' I--€ , /..7 ,;::.t,.-.' ./ T" /j.-~-I,' 7 ~ . ~,/' '7'-- --- " .'" I ~\'\\ ~ - \\~V~ c\ C~\ l ':{ LVI\... C Cq'\ aCl.. C <. -(j('1 '- ' ( L. r . ~ l I '.., I -"," . Y\.~ \ , ~.' (..',-__~ ~, (' t ,-') ^(O~ ~ \tv~ t\ ( <.?1C.(;t. t ; /~ .., . f) ki .. , \,,0. ._I! ~~ , ( (. i-t'L-Y- ( :t \A/ 1 J)C,\t\,\M;S G~V\ '. ?<-c{ -.J 11/1 { I (J d1lelVr 0,,<- ., ,~ .-;" /5 -1, / 1 (c.(' (".'" J,i \ i bO~ I- .. n.'~/'i .::(1,.2 -'1/" .7 / .,' I'" " (.' ".; r., ., -'~ _ ~ C \) F ! ". ,,,! . - " I "I~ I', r---. ' \ V) - ; ~ , c~, '... )' , ,.) .-> .; /.-1 <( - 7 ....... '.,""",' """'JiI" -- ./ . .::>.,-- '.l" I.. ~/ , / i. X i.... , ... J- 3/ /'7 iLe -rx "l-,/ S' /-JP,dL / {~v,~, -. (. .~ I I \ \. f ;" ( IJ~. \' 1\ / . -it '::i, 1, '~. Ct~-<,'" , " ~':c;l J'?/ , J / c; J-, ;J / ~~ jJ (-' /J 4 /,{'J / '\ L1..5 e [; l//'c; >1/ L - ..l.A 1-' '-, "; L " r'. "'J j C I ,h, Lt. tv \{ \( ) _ c {\ \ ~ l16 ~C\t \ (( \ ~ J7), IS (~~;t- c>l- l ~'/t ^ \ ~ C ~L clCz..y/ A"~ hI.. "7 j "."' iJ l' l. 32,C 6 , ,^ ... " -t ..- ~~.....:..,'~~ .-...." - I -'I~ 'LL j-r:<... '.'......i . -c',I: ( "'~ ' 11 ~ ~Cv \ L.wvu., Dear Councilors and i"la vo r : 7 I 'ill conc,,~rned about the .3.n i m.al sin A':;;h la nd ~>Iho a. roe tied I_~p at th>E i r 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. .J .3.1= kSOfl chains. have to illegal. County allows animals to be tied for their entire lives on short This is not a life that anyone in Ashland, including pets, should endure. Please pass a law to make this kind of animal abuse Please heavily r~estrict the tethering of dogs and othep animals -:1. '.: ;;f\i2-? i t flCHT~es. 001 fti;t -17 OI---i~~i '5a n'~e. th is., y.()tJ. Th""....'r>=> 'f rr 11+ 1.>1 i 1 1. .a 1'50 a l-:~,:?_ more 1lX.L~ n of? . help people. Chained dogs are often a barkino likely to oite peoqie than o~h.':ir dO'::Js .3.re. Qq/\ ~ (/1 .-9--. Y--f/n~"o i1 Ii L'" ~ V? ~ Ii': <- \ /'~ ;l' I \. ). <; j"J" Af ..../ ) 1 ,\ "" '\. k'\. C; -, ( /' -" ...., - '----' (I \of \:.. : ! ' L. I jI'l L~, -' J """ , I j t- V,'"'',, ~., .~/ ... ,. L (\\0& .., ( \1 ~ \ \.L '\:" '0l iJ ! 1/ /e(, fe> . ~/ iI/of..: I' \" . f,. !\ l ~ .; \. \ , L n 7\ L L , cJ; Ilc' l- J , -1,f '/j//Ct t II" ., ,-,IL \/~. L"J1 103f(cf .... -. "" ,~A~ i.~ L>,l\'\:':>,l' , , .. lee {~C 6 \.{ t L<._ , I -I-\i'J (; '1 <)~., .IL- \ :,j, r.\<" Ie ~: .l/~ L e 5 {.l'l<\';J ()e-t) ':>('.//{.y./,CD c (/(0 Ii /f... C -;:;- (,: flU /....-1 L ~ f7()5 (Cll'\.w~~(9 11 ." 1-' '...') i.. I E ~) v __ ~....~' I I 'J i ,: ," I ~.' ,- 1--" 'vt":....r "J \ '" .\ ' '- v_/I ~ I c'" f. .L'J .:>--t,....... ' r-... J /",' I I...... I L 1"- \ I IZ., y I"^-.( 'I 1) 'J' 7 S 1~' ).. ~~ \ I Y J. M G~ ::. T L 'N \Lj;' 1 /-t-l c €:N' I x: <:-i::..' ../\ , \ i.~ '~1., ! /1 - I '1 ;..! ( '. I ,....\1 L ".J i l' ;Z 0 I; J' ' ~ 7 -~ \s ----: 1', S \ l'. (c:{ \ '--' 7 ,.:' ,/ (, ) t" L" r. . \ ~\ \; '<. iCC)l C(l<){(' ;~ .....,... J ! J I Iv.. I { L ------~~"='-- , .f1 /'/ . (./' v~ Te~/(lice ~l \ L-/ //) lv' I " //, .. t \.-' {j {(I- /-. c..- ,..:>( I I. L" t.J'.~ (i;-;I-1h~rJ ,_\.JIJhs- -i r --:> l( ........ ,j I __' ,I Ii il...., /1::' Sf .',.1.' f L I , I 7 '-I 1....-' ( l '-- /? .. /'r /1\ i)t: i- "r' (/t v , ..J 0 i;J,\ \'\ ~ N 'CV v '.1\ tv\ ./~) .~ \ tv1/\ G r-.. Ntv /v...6J ~11 \tl~C}--- \ I' II. ; Lh../' 1/ / , \ ...:.-. \. ~~'- ,..._../ i .)," l, " . j _ ),...~ 1'- ~ t~)~;;.LII~1)~ ~~'?-(gf2 I 2\\ 2 \\ J \ t_ } I.,;, ,.' 1 ~.". ~- ~. L. v ,J "-.J" (t,,-c:...t "ty1r\--tv :]\) l:Lt- --S AQ \/::0 16 '31/ct I C 'sl! 0 ~ I \ / i 2 II VI )1'(" ))b-vl lei 4N~ GLuf '-j ~"l1v "~ ^.."'\ ... ~ 'I .A ,,," ' , C.Vi"( '. I " -,' J' F (r7 !3. C' >< :'{ '-I ( /~ {I-I L 4/\/ ~I 13tfLV/\c " \ -r \,/ l~ l/ ( r-<-V\C\t ..>/ 'j v. ; l [ _ In c"^~_ / , . 'r' ( . 1 " I ? 1/- , \ . \ " ~ ,', i") \ ,/ I ~\ \.J \ \.llf ~ . \ " i,-:> \ \ ;1/, '-.J _ ~') \ v,l..::- I .-<..) 1 - (, I ,') .~) / i \ ~ \ \1 j ) <4 1-/1 ,.;J ',. " ,,! -r _ I ( IV 1. L-~'L-\.. \ '-~ .~'\ \ .' ,'{".,-".... ,'.' / 1 . _i.-~t:'v? " f ~. I I .I ('\'1~. ,............- 7 , ..:. , ) i.- v r v 1:...- \ '1-- ,'\ J .'- j t '\'1 t l,--J fi~y(;~{'yc :L "'~~ ". 7..... -...:~'(~~;"'> c~ <""L _ . . 'J 0 ..~ --c-,. '_ ;{' ( l~ d'-2 Itl'l::' ('s J~) \ \.,' ., ,- ,'~) '1.~ L~ /: . i -i." i , I \../'J i;: J~) ~'" ..> I '\ . :. --7 :-"7 ~ ~~-~.,., ,.,- :.:t.t'! L / j _J [ i ~7 j . I - \ C (." , ~) l. V.. _.J ',- c::> -\. \ -i 1'\ I \ \ \iV'\ '~6\il. ') :!! 17 I ( '- ~ '-jY-'') +. t .~ '- l..., . ;7" ,,..t .."t;lh {h~1j (~tr L l ~ L ..' rru ((:t, (. L ;\/ , , -J ,', I, ',! "') , · L. r t \~"V ,<-" ",j :" F'I ( ,\....j ~v'\9.. (I LV )!"c.C / ('fl /" I v 1..> · '" -- U~ ,=)2, (l ( ) c' /' H (j l'v't e..1<. C>R t:. Eft (\ ~h 'Ct "\,' ') ,. ". ~ Iv ,') " . , ! $;;' -, J .i / ~ "u I . ,\ Od () b ',. ~.: /> i_A " , I ,'i I t' , -.\ I... ,.J.. j I ' : [1 \ I c'o / ,,,. j L ~/ \ i '~ ( {J,,\ ( lJ/( , ., ~ - 5', /~~. '(V/ /~ /' J/~1 ,<.1 ;)'- ( L L, ( -..../" ' 'i, I \...,- '- _ cl /\, .,'\ ., I ) . '- I" "(::::,, ., L{ ," '"l L (\ 'Ii \. '~ t -" '-.- L : "-J - . 'J r i (j /') J,. c';'7Lt,?ll /L-l I. 'f) l '7 ~.~ :.~L(Y ~, 1\ ?l 00 Ht:\,f me; It Li'\ h t't/' (.-1 q 15 2-b brj.1 Lft^ f1 Ue- ,11_10t/\...-- ~!YI (.../:::> NO if/ ,I :}1L\ S l.s(" Oq l;\vLt ,r EL\S .~ , Dear Councilors and Mayor: I'm concerned about the animals in Ashland who are ~led up at their homes for excessive periods. They suffer loneliness. frustration and boredom. ~h' ".. -' ..... . t. . b _J b I ey alSO run ~ne rlSK o~ strangllng ~o oea~n, get.1ng a,use8 _y Kl0S or adults, getting attacked by animals, OT dying of heatstroke. Jac~:son County allo~,s 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 er1dure~ Please pass a la~! to ma~:e this ~:ir1d of animal abuse illegal. Please heavily restrict the tethering of dogs and ather animals -:1.'.; tr\~? i 1" nc}mes" _' doin,:::! th is, YC)L( 1..1 i 11 .:i 1 so .-tJ _. f}U i ':;a nee = The~if . re a 1 so ffiGre ~~-+:'- r:+ Jl.Ja-m.-P b-~I-%GU1nJt'-- ik. (tY'3/-0~ ~7J;11/J~ (j'1? 1. I' I "\ - ;.:; '- - 0 ~ '-" " r. v'vb (-StiC--... -\ / , . 'i. (') ~5 C'y 30d ;> q~ 7 S-;;-C; Aflft..-A-J)~ (/ " '175 :''''c'' tl ' .c._'.~' ~,..-;:;,.~..-z.-.---- ~ L2s 1 SIY(I"1'</'~ nLL/j? /1~ t ! - C' lC\-lh.e ~ I fk. 0&\c\~( 1/; '1 i J " '-L. .t..... "-- f~ Bey ~~ q, \i -: \ n '-.. .~ /" , I Ji ,1\ :'. I -~. I ttJ -)\ - tv \ f.--' <:; j ., l''-~ l / L,JE.tv'O'f ~- u c~". ~ (11 I T f/) ~l C 5) , (~ '4 C if (1 ;.'Tf l~l/ v "'ft'.^'--" ^, 4 (~ ~-:-, pili 'I ( ),'" oj ( ", ~i4"t5.!. 1 ' r [),.',')~1 ',?f{ I It :f',. V' V I. l I \, " .\) \ \ J, , r . ,--.., .f / <",'/f ~ /( . "1.- I (1' "J- l-,:,.....,_ -. ") . ., " l "j r ' \ -)' . :-:'....\.~ \ \, 'v ~u_ 'lC " ), '\ \ I~l l\>~ ~i(,) / ( , / -,- ^ ^ " \ l'll J<:.( ~ -+- ,,,,--, I ~ , \,. f\j {tv C-Ve~€ c\. , /LtL \ -J . " ~,~,:;,-,;~~;';~',:,i.{:~)'f~~~':i.:~~lt5i;,~;&1\~~ /0 -1 I-Db H.At&!'{ JMEjJc)- o - \ i-Db . A-J-EK- ) - (l - 6 ~ \~VU/Lovilv W { (+1,- \It r) / < /?" ; - r ., /", ,," J J-.Lft -1--7J.--/llc; S 4- ( 'U 1) --5~~Z r:~v ( QviYl~ S L\fr/D \ .,. OR q 7 , 2 41,(&~ R..D TcS.0I-\ ,cJZq 7 at; %21, ~t{ li~ de UJ .' Fit I vad( C;f,' s b 76 " i J ) y~ U ch\).- \0 S;C ~ ~(; ~(L{ (lWY1 . ~'dh L-/L f . 2.1, 6..'L/:>~~ S\. ~. 53HD T? .N<-~l^ {).\ \i all l lvi( S -+ I ~-~~ ' ~ 2-0 !.1j Kc.A.rr R.e1 1:f ,~, / . ;'-? C ..- /. -' !k~~ ~(7S<...~ 70 I d?ovG ~~ r . I Ilr I. I" ~ " . -. OA; .f _. '....... ._*.~ ...~, ) ~ \ -' It' Ie I(:I\./- .. . (({AU): 164.~~ ~~ ~ . Dear Councilors and t"la va r : .. I'm concerned about the animals in Ashland ~~o are ~led up a~ ~neir 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. JaC~:SOfl 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 ~',.: tree i r nC}fne==j. ~ t:;)l cia i ni;f th i '3, Y'OC1. 1.-'1 i 11 -3.1 so a 1 SC) 11'\;::) pe help people. Lnained likely to bite peoale ..! ...., I' .'" CiCli.;.}S are often a barking \4X~ToN-N\tJ\L~L 16 ~~ \\M-->~ Yl-ci~v- ") Y'----. f1.{<P9.J 0 r--c '1 'ojl-l/CVJ ,,^oe, ~ (\ 19JnjD L-t\sY\^ -M1\e-1(1 ,e ~ to II/Ulel R f' h0..- (~ 1'Cv i I () /17/0&""20.- e-k R ~e...rsov') to(Cl!Ob ~~~ Ot-CcCPI\) 5t .1t29j - I, \ \J'.....! c,- e..r \-& \CX)~ ~~\\) /'101 Orcr;ofl;t-,q- 8~ AohlAr0.j of.!, cr 10'&6 1/ _J /J" ,,' /\ ,0 '77~.]?-? -9;;6/ ,()( 179D 9];;: 111~i1.d ~ ~ AslJ.cul)J~~ 1\.~t\lAN~ S2'1; "-\-e..vl ])r;ve... -I I (5 "" ?~1' / ..' / ;. (4 ?:c; -J (J6JV';' scL,~! , .10 -l"t--O G ~)_/ i-or " f VlIi 13 lJ;7( Uv-v .,j 11Jtt~.A a/f 1:<s-79d2.h fTJ2 log tIk 1I(/9~O o~ :>'-1 '0 - /7-06 ~~'~--.--......,.-~-".- ( 0 [ . D'G ~.. 010 \ oL, ) () (/ '" /(10.. ~lil S- \Lt,vk D~ j) LJUvb< 0a;eflt- !5oVA- ~ ~ f. /I.-r )' \is A)~. 414-1 '. \.li' -- . JQ(YL~~ S pr rs.o~ t-jtf(-ZQ;;"'7 9re \L\b\ DfeljM' <~-\- ~s I" \0..\(\ ~ (] (1<:).:) (:) () \t ~ i l, at 5hd.- vJI\. (0 e\A.J (YI{~ !/ )-('j-tJ/ / I . t + L (? A-e~ f~ ......----~ I \\ -{--"'/ ''\- n.-N:I (\IlAtrli11 rvLlN~ i .s-~ \~ r~~(/((f-m ( ( e'K- ~h. I1s , c'r~ ~ \ ? ~~1t <;. CI7~-;2 C \l> ~ 1- . 0-P ~-".1~~"",~-.:::.'"''''-'C':C.;~1.:''''''~-~''''~'''''~t~~~';};:, ~' ~-.,) 'i,::~<,-j; ";:_'.;';~'.~- ~""-r~,~::,""'--' Cftsu. :'~a.'f":$O ,;, ''!\ ,2~1\> ';i>e.t ,ab """'4 d\ f\sh 1 a rnl who ar...."t<feq up, ,,~\ "11 e i" t>,?"'es fof./ e:<:~ 'it ve Periods. fet' lone 11 ReSS, "t.r...(s'Cra taol7\andboredom. They als'6. rl_m the risk 0 ,,,,,ling to death, getting ,abused by kid.::; or '3.d,_t'its!.~~~~~2~<itt.6.l~~'J=k~d", , ilT,als, 01' dying of heats-troke'~ ~~~~~~~4~~:i?,*:'~h~~ ~~y:~:d i ~o~s~~:~~ , e~~~ ~~d : ~,~e:e~:, s:~~: 1d have to endure. Please pass a law to make this kind of animal abuse illegal. Please h~avily restrict the tethering of dogs and other animals at their homes. ''II $ ri\,/ -J will also help people. likely , i CS-'-f / ~ ~ (;; --,/ ?.c:"6 \ \v-<'- ~ \ 40\ O,eSOf\ 51' -f\. YeA. \ l\S~\G;.t\~\ O\Z. 11'0';).0 L3'5 i.{ v/I\'1..1 5~. ~ 18 .4 ~h(~J ( c) g 9 "7>'2.- G I ~~I Ourf1C~ S. l'c 10 141-3 J-I 0 . (4nJ,; o~ q 0 140i DreTn sl # ~2 lthlt\r.d on.. 915lD / /66ohl(O S t_ Ash tl 7620 SO,, ol' - ~o3 6 ;:).30 6Yzuvt ()1- q 1 SM ';l~b;;l ~t:"'/~~ ~ ~ em q'7S2Jl{ \c>\t iio; ! /~I 5 ~. ~ -~_. ;l~Q\ ~ Sf-It 5 f 0'I/(l~ G~~ @R, 0\\ Sl. A~~bndOR q =}520 ' rjs~{~J ~:I. . , . ~ \01' , , , - ~~ :~j "J 111/~ ~1~ 140\ ~ t>t1(\~ 1dI'oOO, Of- ~ ~. 'n/Oft, 1lLt~~ f~ )/n/o, \1M W~\+e' '/17ot f)el1ni5 TV//i~ lAO{ ~~ Sf :H-b(Z /}5hl~ oR- v ~IR'~ ftw ~lJ. -tU II{ 0,.- 77/'1 kOt55hn ,C(~C(.,... ~~'Ir c:~~, D/( , ,) 3()I-Cf S . V5JJ c/ i 1- 0<> JLL~ut\ Lut eke... - /- of a.J Co ~ /\(f0~ k, b:l- ftV1l'1t -<<,- 5'~ 454 icJ " -~. ~ .. ~.... .. . '.'.~ . - -. . .. \ .' :''- ." .,.--.-. .. .. -. . '. ,-" <-pga~r'?ecitinc:.i 1'Or5 .; I~m co~cerned about the animals in Ashlahd who are tied up at their homes fa~ excessive pe~iods. 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. Hv doing th is, you t'l i 11 The;",' re a Iso '. < also help people. Gnained dogs are often a barking more likelv to bite people than oth~r dOQs are. . i 't1- !t;h ~ -ASVV\Jk1~~ D O(\q (~G 'Il!)/06 1/7 Iv ( ~ 6~ vrOY) & QXY'l &~w \ V\ )D tSYV\.U0LC-L M- 4-sk ~ \t1 . I) j L /u-tJ Iro; O~~ st- $/?Z A1~l '7 /-)/) ../" /?~J.!' '- (5{..r,^- :2 ~3q 5\5 h I/O\.) h ( <\I J. G 0 g J/l,h / C) "lj ,., rolt (C Ill: (161 4(: si- ?~~ klCh r o 1\ er, l ~ ~ Dv~~~ 7/, Cj lOb (0. tIQ'Ob D(~/& )/(1 C(p '().- 19- 00 ,Olt1(O~ 011'1 lot; \O(l9/~ lD I (~ f 0(, 'c/!9/06 11<1 fDt.P - '(r\\J~ 5'S'~ C1?'5I s~- ~s L( OCt I! (2c; pp (2J T t{ I€- f\.i ctL 9- J S<1 0 b c" V'~ d VV .Q5 \- ''lIe) S '~R: \,. A~~t~-.. "" L Ve A J4~L L:1-- l 6}t- C, 7 S t-c c1\,~ '" l tl 0 I c) )t.~)',"" <; {, ~-~I;~ {Lf@/ C//;A~t'.: __ I tt)L-7/~4--Jo,/<{-7?0~ r// o~~ b '66 ,,---a -;;1 V q II e i~ - t. (cu J;;.- &~O - rlf6l-0 _ "'i~O if /'da .LtZ.J1e /cx1erlr () r ~ 70( / _ - - ,q 7"'--; .- ". ~ v'hSC@ ~cltr~. SOu. e J \.J ~;""" Dear Cbunc:i and t1a yo t' : 1 'iflcoOe:erned about the animals in A-:shland \.>lho are tied t.\P a'G their' nCliTls-:s for 'EH<.=e'ssive periods. They suffel~ loneline'ss, fru:3trati':::ln and boredom. They .also rl_In the T'isk clf strangling 1~O death, getti"H;~ abused by kids ell" adults, getting attacked by animals, OT dying of heat.troke. Jackson chains. have to i11eqa1. County allows animals to be tied for their entire lives en short This is not a life that anyone in Ashland, including pets, should ~~r\CiL{f"e'4 F~lf?~.3.::iepass.a lai..4! i:;Q rrl~tke 'chi:s kif1t\ cjf arlit11.?l1 abtJ.se Please heavily restrict the tethering of dogs and other animals ~ J- e. -0.: ttt:E~ i r f'H:Hnes ~ aC-J 1 rig th i'3, you IA i 11 -Et Iso help people. Lnained likely to bite people {""'\. ~ doq':; t, i ", ! V c^. f r ' ,.- ~ ( ':) 1\' A l/,:_.(\ t;,{\ ,,\tre are~ AI qu 1 S.3, nc e . .,;~~~.. , C' _x~ ,--,.\ 1/ ! C.' e .) L /r'f:., k ;').;. ( ) ,..{ i\.. ? ,./ , . /'i.A '" '''!' :,~'j f~ J/' \ \ 'VI '0 -^~; "t;'7 .,-,<1" " C }\, - ,.." "\- :'j:f ,f..><, cr <.t:' ( '(. (1'1 ) ~ ,) ./ \ ,J (\1') ) '~, /.{ l~! { ! L +., \; I. t-; (/ N" U (/ '7+"t,,- " ; L~, f{..' 1/ '\/ (f /.j:AIa:,; "I ,;""1' 'it,!:" ;', / " //(/"j I, I .I .',. . " IICV 'J b Y.? J, 1 '1. l ' . f~ . "".{ v ' \C.lI\Q.. St () 4.f V t J {is!11cJ ,.'10 -0 b I S-' P opt /1/\ P \ c.. C.Q ",\ J t ,n " J\ a A...C:{ .~j... ''''-''''!-- ~ { I i...../ \,..; (':-1 i\ '1 "i. e- .. \ \. C{ lb (:f)~ .' . ~b~ ~ .,<f r). I /....-,. ~ ..Yl ,:,1 ~ -' / """-->' ~/ <- \7- .I L//';';;::'': Cr d. f J ", .t;, f.-... ;~t k _:\ I \Ie " .......' Jz ;r , .. ..' ,- !..~ .[. ,~\....., . i' \, \( ~: f" ~' l. c.' , ! ~ ,t.'~ I ~ '\.. . l '1 ~ / .~.,. , I X {C\ \"\\'"'\~ L \\.\ \, +C \'\f \. 'vi .' "1 I' . . It \j '. " I I I ! ! ~ /t:{. ...1--- ' l . 'f I , f f. (' 'i ( " i .\, ',';: i , ! ,. ' ~ ~ I L \j' \, / l>O' i ~ 1 {i:.p / j. t !' " , ,. i J ,\~ > ,~\ ~? t t ; I / '.' ~' . :Vl : :... b I t r I ! ,. ..' L .~ l~t/;.; ~ ;4 k' 'j ~ '(\ <~:.,. H~ \\(;:,~ let.; (,. \-~ , :! , ,< " " .' \ \, (, \ , I- ;1; < I \ . , >; '.\ ~",> ;:., > ) . "- , .....-.... , ' (v ~:' v .\-t /\ ~ \,' (':",h. \ [. '. ':. /~ , , ;' ( i,: ' , l' t r : ", , '" 1" r I I i ..1/ j i . T i - ! I I I , t...__ \ "\ \. \ \ , \.:. .f 'f i .. , i ~';,j' \ ,I) ll~ d~i , >;~> :y;- ;~,',::.i~' .< . , \ \ t (I'J '\. " i \ i.l ' \ I . I..: \ 1/ I > I ,I ' ~:., t', . . \ . Iud v.",[ : \ "-\.,\\.:. \.\\('. ''','j n i ., 1\ \. \ -. "t ."-, ,,\,: '>~ ~~, \\ \ \ I .;\ . '; t. )1 i \ '-." ." \. ,: (,') ~ I f / "; "" ....... , " ,:J t , ,< v' ( ~>: ,. ' (, r < * " " {- ,,; t .tl il.l . ! .' I, ,,~, 4'"k \-1 ", C --4.- . " ,....-1 4" , 'r ., ::, "- .' \,;-. 1- \: .' 'I" ,.y ::., : \t '-.J :',/ l..t ' t\b \~, ;'... " ,.1-; '- .,' ,~^-,( \ , ,~ );\(1 ,\J! tt~c ",i- ,,~ \ " \......" ~', f~(,lnt "'j(~ .\ . I~ i.'-~. " _ . .+,~ r . ,I. ..., ,; ~. '\ I,. ,~~:~ 1 ( ." ~r , ,. \~\ '...\.1 '\\~ .. . \ C'r, I l. I j: /1 J , . \ 'I 't \'\ t J i " /\:.AI' .' ' ..' 1" f_-\f' ,", ' .' .r ',~ \~ !J .', { .1 r t' .~ ' . , .--- --. '7 ~) -.. { " ,i~ '.+-':'..\l,!+_,~.,. ....' l j : . l' \. '>..".... -~~~ \ '., I ..... '., " \ t L LJ ..., r:. ' ..-' (. 7 t i t,. *~ '.. ( f, >'<"."" t"'" ....", ~ ~, ", (.1 f\ ",- - '>. ,I.... d, if \.(" , " .~ , '"" ",,/ { ,. ",. i " i .~.!: . T I "',.\ ~ <.' , , ,<> .... v , .II ;. \ {, ,I I J . \.t'}; \ Y t; ,,,.1 ,c'. I , 1 l..) vd \"'''j' (t t , /1_ t~*Y' ~"'>o/~'l ) f A-i" 1- A )1'-: I. r. )';;( ~:~ f)P ", -.....: "-.. .~, ~ .1 ~: '.",' ~~~,~r' ~~(~~7,,,,,N~:~' . .",".""'7'" "~"'''' '~ Jackson chains. have to illegal. at their County allows animals to be tied for their entire lives on short This is not a life that anyone in Ashland, including pets, should endure. Please pass a law to make this kind of animal abus~ Please heavily restrict the tethering of dogs and other animals homes. , ,~~" it ;~ 1 :~ I 'm'cf;.1, ncerned about the animals in Ashland ~'Iho are tied up a,t ~;t>fieir homes - . ' ""t for,e:<cessive periods. They suffer lClneliness, frustration a,'nd boredom. They al~o run the risk of strangling to death, getting' abused by kids or adults, getting attacked by animals, OT dying of ~eat~troke. F;v do i ng will also help people. likely to bite dogs are often a barking than oth~r dOQs are. " ' "{7- ;t- h ~'\tL ~~-t 1" 'llCl ~i I 4~O<:i<l "7 ~(\l s \U;L (j I{ L \l~ l)~ \.\ i,,:.j ~ :,~ " 1 J , P.O. (60)( /JOt4 /fUJ .::r;ru;> 1t'4 .s/f~ It 't( b2-1-1~tG l{ 't-3 c:rC( ~ 4~~ --11 0 C, 6&-- \:DL-' ~ CJ' '-; 1- S-- G ~c~~h ) Na.+as ~ {}. L. ~ S~ Ef-lI1tAh [ 1) 4 cr.fr.. j?, ,t bid.? ~0_l f ~ CJftf<.j< (\ ,-; I ~ r1 0) , -' "-" -"1 lftJ. )0 j 7 11 ~(A 5+ * hi 6M.d. ;~~r~~~~~~) '\ ;(L) , a -~:,.::.,k'if I 2- S 1)L-tL s~ A~~ (P hM- f - r; [J A ~() 0ue{Ct~ St-. f Oft 9iltr 1~ 0 (i5uel ~ ~f. ~ f eft qYlt? '1 , -'2: -0(, I -')1 /6f~ UIF --t12Yf:k 7 / ~~~O( t~-M 60~\)DN tJ ~1f;, ~fZ-A H G~)76{'1 (!) ~ 2q--tff. bpf 58VbJJTH ~r: ASII-~ OR 195 l ,t-( b-v~iA{'k. ~r' A~ ~ o'R- 975JO 1 7-7 5"~ ~T IkAU rJILCj~ 0-)5 - 0 ~ ~o Vl'1 i e. Lj ~vt J V--L1--0b bt~f\J6 ~CuIJ~ '" d'-i~ 'LCvr~ ~ . . -; f c::;- )1/! ?f e 10 0\. l- V? 7 ~ {A--7 K'7 ~ ~ ~ 5}.. 11 ~.."A . 5 4 f<-f J'/?11 6 ~ " jO- 2~~ to ib~ I'm concerned about the animals in Ashland 1.>lho are tied up at their homes for e:<ceSS1ve 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. l.... r:V doing will also help people. Chained dogs are often a barking more likely to bite people than oth~r dOQs are. -,.., '.' '-0- ;-"-"'- Z' .~ :-!- 6ft/vi c.Q Ii 2ZaJ Iud( hd&J .f/Ur} ..~ j2d ~D s-;; /1 ,.... ....._.&:- "" 6) QJ~AfVL ~~ ~ f ,,\ '-:7 4: i L/ {-I ~ ( () 1'1 . <\ /. At;h 0-101 ~'Q_"'~-:-W_.... ..iA.... ...~. . ,1_.~. . f. .'. .,', . . "" "" 4,', J:..\..,, , . , "" r:L ;; (VC1-C L~s fZe-/ j\Jc..c. k.s \.,...J ~) .~ {--e-Y-- 5/-. 11) G\r,~ (~"J c (~, N 9"2A/ 0 f~l':'i/' J ~J i\;L~j 0 ,r (('q /\ J [II 7 0 (I Cf 1$2 ,;!;J'j/Y iffzffli$ '\T{ \-~ ~ l'~_AA p.Lj-{ L.fWO l,(xrJ \ \f)\:,\~~ Y 1'6 'S,W\lAoIAAf\~ S-t , "f\- c- 4(:2. d .A - I. " .-;., r~L11 s;to A. ~ \ LA CI J J.crcJ is ,4. r; M \ b r'i) 0 k.. lA,} C'v~/ A-3.h Y\ d 0 y<- q f$L > 7 7 ~D / / I I _ ~DtJ\cl6)fAt)\ Ct('(\