HomeMy WebLinkAbout2007-0102 Council Mtg Packet
CITY OF
ASHLAND
Important: Any citizen attending council meetings may speak on any item on the agenda, unless it is the
subject of a public hearing, which has been closed. The Public Forum is the time to speak on any subject not
on the printed agenda. If you wish to speak, please fill out the Speaker Request form located near the
entrance to the Council Chambers. The chair will recognize you and inform you as to the amount of
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
January 2, 2006
Civic Center Council Chambers
1175 E. Main Street
6:45 p.m. Swearing in of newly elected officials
7:00 p.m. Regular Meeting
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNUAL ADDRESS: 'The State of the City."
V. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIE~~
VI. APPROVAL OF MINUTES [5 minutes]
1. Executive Session meeting minutes of December 19, 2006
2. Regular Council meeting minutes of December 19, 2006
VII. SPECIAL PRESENTATIONS & AWARDS
1. Mayor's Proclamation of January 6 as "Christmas Tree Recycle Day in Ashland"
[5 minutes}
VIII. CONSENT AGENDA [5 minutes]
1. Minutes of Boards, Commissions, and Committees
2. Appointment to Tree Commission
3. Appointment to Bicycle & Pedestrian Commission
4. Approvals for Engineering Contract Amendments for the 2006 Utility Construction
Project and the 2006 Street Improvement Project
5. Termination of a Sanitary Sewer Easement in McCall Drive Condominium
6. Termination of an Easement at 485 'A' Street
7. Acceptance of a Dedication of a Public Alley
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IX. 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. First Reading by title only of an Ordinance Titled "An Ordinance Adding a New
Chapter 9.06 to the Ashland Municiple Code Prohibiting Certain Cruelty to Animals"
X. 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)
XI. UNFINISHED BUSINESS
1. Acloption of Findings for 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 section
of the Otis and Randy Street frontages to preserve trees, wetlands and the residence
at 247 Otis St. (15 Minutes)
2. AFN Debt Service Alternatives for the City (30 Minutes)
XII. NEW AND MISCELLANEOUS BUSINESS
1. A IRequest for authorization to proceed with a land use application involving
approximately 1.37 acres of City-owned land included in the Dog Park (15 Minutes)
XIII. ORDINANCES, RESOLUTIONS AND CONTRACTS
1. First Reading by title only of an Ordinance Titled "An Ordinance Amending AMC 3.08.020
To Apply Ethics Provisions to Employees, Appointed Officials and Elected Officials"
2. First Reading by title only of an Ordinance Titled "Ordinance amendments to the multi-
family zoning designations (R-2 and R-3), Sections 18.24.020K, 18.24.030J, 18.24.020K
and 18.28.030J. The proposed amendments modify the criteria of approval for the
issuance of a Conditional Use Permit for the conversion of existing rental units into for-
purchase units (condominium conversions)" Please note: this item has been
postponed to the January 16, 2007 meeting.
XIV. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
XV. 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).
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MINlTTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
December 19, 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 Amarotico, Hartzell, Jackson, Silbiger and Chapman were present. Councilor Hardesty was
absent.
MA YOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES
Mayor Morrison announced vacancies on the Historic and Tree Commissions; and the opening for a SOU
Student Liaison on the Forest Lands Commission.
APPROV AL OF MINUTES
The Executive Session meeting minutes of December 5, 2006 and Regular Council meeting minutes of
December 5, 2006 were approved as presented.
SPECIAL PRESENT A TIONS & AWARDS (None)
Mayor Morrison noted the reception held prior to the Council meeting honoring Councilor Amarotico for
his service on the City Council.
CONSENT AGENDA
1. Minutes of Boards, Commissions, and Committees.
2. Appointment to Ashland Community HeaIthcare Services Board of Directors.
3. Contract for Rental Needs Analysis with Ferrarini and Associates.
4. Current Year Financial Report - July through October 2006.
5. Bid Award to Pro-Safe Training Systems for Live-Fire Training Unit.
Councilor Amarotico/Silbiger m/s to approve the Consent Agenda. Voice Vote: all AYES. Motion
passed.
PUBLIC HEARINGS (None)
PlTBLIC FORUM
Ambuja Rosen/Commented on the need for a tethenng ordinance and explained that sonne individuals
permanently keep cats III their carriers. She stated this is cruel, but is currently legal in Ashland. Ms.
Rosen commented on the need to include minimum space requirements in the Municipal Code and voiced
her disappointment that this provision had been cut in the proposed ordinance from 150 sq. ft: to 97 sq. ft.
for dogs, and the provision removed completely for cats.
Ann WiIton/Noted she is President of the Companion Animal Rescue and Education non-profit group
(C.A.R.E). She stated it was appropriate for an ordinance regulating the containment of animals to
address cats as well as dogs and explained many of the cases C.A.R.E has been involved with had to do
with cats being kept in very small spaces. Ms. Wilton stated animal control typically does not respond to
cases involving cats and noted 37<% of all homes in the United States have at least one cat.
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Peg StewartlNoted her involvement with C .A.R.E and shared experiences with cases involving cats. She
stated one individual kept multiple cats in carriers 111 their vehicle, another woman kept almost 50 animals
in cages, and another kept cats permanently in rabbit cages. Ms. Stewart commented on the need to enact
laws regarding this and stated it is important for cats to be included in the tethering ordinance.
Marilee Jenkinson/Displayed a banner and briefly commented on the situation regarding Llt. Watada and
the Iraq war. Ms. Jenkinson shared her desire for a community outlet where citizens could discuss
concerns and issues, and find out what actions others are taking.
Dr. Lara Chamberlain12S3 Cambridge Street/Stated that the scientific community is stmting to figure
out that animal intelligence is far greater than previously believed and encouraged the Council to be as
kind and generous to animals as possible. She explained that tethering for long periods of time is very
dangerous because dogs can become tangled and kept from their water dish. She also stated that dogs
need to run and have exercise and therefore constantly tethering an animal can decrease their lifespan.
UNFINISHED BUSINESS
1. Discussion of City Charter.
Management Analyst Ann Seltzer addressed the Council and submitted revised language to the water
provision. She explained that the current draft of the city charter includes all of the recommendations
from the Charter ReView Committee, with the exception of Recommendations #1, #2, and #4. Ms. Seltzer
clarified Recommendation #1 addressed a change to a city manager form of government; #2
recommended the Mayor's veto power be eliminated and that he/she vote on all issues; and #4
recommended citywide, at-large elections. Ms. Seltzer noted the Council did not agree to move forward
with Recommendations #2 and #4, and decided for #1 to be placed before the voters as a separate ballot
item. She also noted the Committee's recommendation for funding to be handled by the Budget
Committee which is why there are no budget references in the draft.
Ms. Seltzer noted the comments recorded at the open house are included in the packet materials. She
asked the Council to identify any changes they want made to the draft charter and then direct statT to
prepare the ballot measure language, which will come back to Council for review in January. Ms. Seltzer
noted the tlmeline Council adopted and reminded them the final language needs to be submitted to
Jackson County in March in order to be placed on the May ballot.
John Enders/367 Bridge Street/Co-Chair of the Charter Review CommitteeN oiced his support for
the draft charter, but stated he wanted to add a few comments. Mr. Enders noted the extensive efforts the
Charter Review Committee made to gather public comments during their work and noted the comments
from the open house were just the final piece. He urged the Council to not get bogged down with ethics,
instant runoff voting, the water language, or anything else that might come up before this goes to the
ballot and warned the Council that some people will attempt to derail this process. He stated they have a
good product with the draft charter; it is simple and they should keep it this way. Mr. Enders shared his
concern about the separation of the form of government recommendation from the draft charter. He stated
this was the Committee's most important recommendation and feels that separating this provision would
send the wrong message to the voters. He urged the Council to reconsider their decision to keep this
separate and noted there is a great deal of support tor a city manager form of government within the City.
Pam Vavra/2800 Dead Indian Memorial Road/Suggested the charter be accompanied by a brief list
describing the changes to the voters. Ms. Vavra asked the Council to consider adding instant runoff
voting (IRV) as a charter amendment on the May ballot and noted this was an opportunity for the City to
support Peter Buckley's work in the legislature. Ms. Vavra submitted written testimony and additional
intormation on TRV into the public record.
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Mayor Morrison noted the rational behind the Council's decision to have the form of government
provision (Recommendation #1) as a separate ballot item. Councilor Silbiger stated that Mr. Enders had a
good point and suggested incorporating Recommendation #1 into the charter that goes before voters, with
a separate ballot item questioning if voters prefer to retain the existing form. Councilor Jackson
commented that she was initially cautious about the change to a city manager form, but is more
comfortable with it now. Additional support was voiced from Councilors Chapman and Amarotico for
including the city manager form of government recommendation into the draft. Councilor Hartzell
commented on the role of the Council and voiced her preference to put out a draft that is as close to the
existing charter as much as possible, but modernIzed. She voiced her support for offering a clean-up
version of the charter to the voters with the form of government measure separate; and voiced support for
including fRY as a separate measure on the ballot as well.
Council continued their discussion on whether to mcorporate Recommendation #1 into the draft.
Councilor Chapman stated this should be put to the voters as an opt-out, rather than an opt-in. Mayor
Morrison noted that when Council set out on this course, they agreed to take a "hands off" position and
expressed concern with including the city manager provision in the draft. He stated the goal was to not
force an issue, but to present options to the voters with the greatest clarity:: and believes this document
does that. Council agreed with the Mayor and voiced support to stay with their previous decision to keep
the city manager item separate.
Councilor Hartzell stated she is resistant to remove the treasurer duties from the City Recorder position
and voiced disappointment that the draft is lacking an ethics provision. She also suggested the following
amendments:
1) City Manager Amendment, top of page 2, item (2): Revise to read, "Absence from the city for 30
days without council consent, which shallllot be withheld ullreasollably, or from all meetings
within a 60-day period."
2) City Manager Amendment, top of page 2, item (5): Councilor Hartzell questioned if the
"decision by at least four councilors" should be changed to a supermajority. City Attorney Mike
Franell stated they are talking about the difference of one vote and stated this gets into a political
area. He commented that if you had a councll that took action to remove another councilor, and
the community disagreed, you would quickly see a recall petition filed and stated this is where it
belongs if what the council has done is inappropriate.
3) City Manager Amendment, page 3, item (i): Councilor Hartzell questioned the use of the word
"coerce" and suggested including a definition. Mr. Franell stated there is a long standing history
in case law of what coercion constitutes and does not believe including a definition is necessary.
Mayor Morrison noted a typographical error on this item, and clarified the wording should read,
"Neither the mayor nor a councilor may attempt directly or indirectly, to coerce ..."
4) City Manager Amendment, page 3, item (i): Councilor Hartzell questioned the inclusion of the
last sentence in this section. Mr. Franell clarified if a city manager is failing to do their job in
managing the employees of the city; this is something that is appropriate for the entire council to
bring up with the manager.
Council responded to Councilor Hartzell's suggestions. In regards to the treasurer duties of the City
Recorder, comment was made that the draft charter addresses this very well. In regards to the ethics
provision, Mayor Morrison stated he is not in favor of inseliing additional language; and noted the
Council would be adopting an ethics ordinance.
Mayor Morrison noted Section 35 of the draft charter should read "city cOUllci/" instead of "city
councilors". Mr. Franell agreed and noted staff would make this correction in Section 36 as well.
Council moved to discussion of the water proviSIOn language. Mr. Franell clarified the suggested water
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language listed at the bottom of the page would not allow for a company to come into Ashland and
manage and deliver the water for the City. He also clarified "pertinent" is a legal term that means the
water is attached to the property legally. Comment was made questioning what would happen if a
company such as Pepsi came to town. City Administrator Martha Bennett clarified the City would need to
handle such a situation through the development code, not the city charter.
Support was voiced for the current water language over the suggested language. Councilor Hartzell stated
the current language leaves holes and suggested using the suggested water language with the change to
the last line to read: "The city shall manager the water system to ensure for the equitable use by all
residents." Mr. Franell stated there seems to be a preference for the current language and suggested using
the term "residents" instead of "inhabitants". He noted this change in the current language would address
his previous concerns. Mayor Morrison pointed out that they are having difficultly coming to an
agreement and questioned if the wording in the draft is workable enough to move this ahead. He noted if
they are able to come up with better language in the next few months before this goes to the County, they
can make a change. He voiced his support for moving forward on this issue and staying with the current
water language.
Councilor Silbiger/Jackson mls to direct staff to prepare charter ballot measure language, based on
current draft with the amendments this evening, for Council review in January 2007.. Voice Vote:
all AYES. Councilor Hartzell had left the room.
2. Lithia Lot - Affordable Housing Project Agreement.
Housing Specialist Brandon Goldman presented the staff report and outlined a few of the provisions of
the agreement. He clarified if there is a public component, the BOLI standards apply; and since the
parking would remain under city ownership, BOLI wages would apply regardless of whether the
commercial component reverted to Access. Therefore, staff recommends the commercial component
revert to the City.
Mr. Goldman clarified the agreement prohibits the use of the units as travelers accommodations. City
Attorney Mike Franell noted Section 3.2 of the contract contains this proviSIOn. Mr. Franell also clarified
the definition of affordable housing has been changed to meet the definition of the State of Oregon Home
Program.
Mr. Franell clarified the agreement does not specit~( a level of use, however if there is too great a vacancy
rate, Access would not be able to meet their debt service obligations and the project would revert to the
City.
Mr. Goldman clarified all of the units would be under 500 sq. ft., including the market rate units. He also
clarified the Electric Department has looked into the relocation of the trans Dormer and have estimated the
cost to be $25,000. He stated regardless of whether it is an underground parking or surface level
development, anything that is running underground will need to be removed to allow for a foundation. If
there are private utility lines running through city property, at that point the relocation costs will be
defined. Councilor Hartzell suggested a possible cap on the City's cost regarding this.
In terms of a condominiumization, Mr. Goldman clarified the applicant is required to go through the
entire planning process at their own expense, Mr. Franell clarified the expense of creating the
condominiumization documents has been passed off to Kendrick and the City would just need to execute
the documents.
Councilor Amarotico/Silbiger mls to approve the draft agreement as proposed. DISCUSSION: Mr.
Franell noted this agreement may need to come back to Council after the State's review, He also stated
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the Council could add a caveat about the cap on relocation costs. Ms. Bennett suggested this be set at
$25,000 and could be inserted in Section 1.3.1.
Councilor Hartzell/Amarotico mls to amend Section 1.3(c)(I) to include a financial cap of $25,000
for the provision of electric services to move the utility boxes. Voice Vote:: all A YES. Motion passed.
DISCUSSION (Cont.): Councilors Chapman and Hartzell explained why they will be voting against the
motion. Mayor Morrison voiced his support for the project. He acknowledged that the units will be
smaller than anticipated, but stated people want varied types of housing and there could be a market for
these. Roll Call Vote on Amended Motion: Councilor Amarotico, Jackson, and Silbiger, YES.
Councilor Hartzell and Chapman, NO. Motion passed 3-2.
3. Deliberation of an Appeal of Planning Action 2006-01294 - Request for a Conditional lTse
Permit to convert thirty existing apartments to thirty condominium units for the property
located at 719 Park St.
Assistant City Attorney Richard Appicello explained that an Alternate Writ of Mandamus has been filed
with the State of Oregon Circuit Court commanding the City to make a decision on this Planning Action,
alleging the City violated the 120-day rule. The City is essentially commanded by the Court to make the
same decision the Planning Commission made and return that decision to the Court, or appear in court on
January 2 and show cause why they did not comply with this order. Mr. Appicello noted he has drafted
Council Findings of Fact, Conclusions of Law and Order. He noted there is a small typo on the first page;
it should read "affirming the decision of the Planning Commission with conditions as reflected in the
October 12, 2006, Planning Commission Findings..." He noted this is IliOt a land use decision and
recommended the Council approve the Findings of Fact, which will be submitted to the Circuit Court
along with the certificate and Alternate Writ of Mandamus. He further clarified the Courts have
commanded the City to either approve the Planning Commission's decision or appear in Court and
provide why the application does not meet the applicable criteria.
Art Bullock/Stated that even with the burden of proof now on the City, there are significant reasons why
this action should not be approved, and noted the document he submitted on December 13, 2006 contains
the full legal explanation on why this should be denied. He commented on the violation of the 120-day
rule and stated by the time this project came before Council it had already violated the rule. He claimed
that because of staff delaying the time of decision. it has put the Council in a pOSItion where they cannot
make a decision. He stated if the Council goes along with this process and approves the Planning
Commission's decision, it would set a dangerous precedence and would shift the power to staff by not
scheduling hearings at the appropriate time. Mr. Bullock recommended the Council not approve the
Planning Commission's decision and defend this case in Court.
Mr. Appicello clarified the reason this action went beyond the 120 days was because the appeal was filed
on October 31, 2006 and the Council has a 20-day notice requirement.
Councilor Chapman/Amarotico mls to adopt the previous Findings of the Planning Commission
and forward a decision to the Court. DISCUSSION: Mr. Appicello questioned if the motion includes
the 2-page document he submitted to the Council whIch incorporate the Planning Commission's Findings.
Councilor Chapman clarified that yes, this was the intent of the motion. Mr. Appicello clarified if the
motion is approved, he will comply with the Court's directive and return it as required. Roll Call Vote:
Councilor Amarotico, Hartzell, Jackson, Silbiger, Chapman, YES. Motion passed.
NEW AND MISCELLANEOlTS BlTSINESS
1. Appointment to Budget Committee.
Mayor Morrison noted the appointment of the Budget Committee members are done by the Council, not
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the Mayor. He stated there are five applicants and two positions that need to be filled,
Councilor Silbiger voiced support for re-appointing Dee Anne Everson,
Councilor Silbiger/Chapman mls to appoint Dee Ann Everson to the Budget Committee. Voice
Vote: all AYES.
Councilor Hartzell noted Councilor Hardesty's request to participate in this decision and suggested the
Council postpone the second appointment until their January meeting,
Councilor Hartzell motioned to delay the appointment of the second opl~ning until January so that
Councilor Hardesty can participate. Motion died due to lack of second.
Support was voiced for moving forward with the second appointment. Mayor Morrison listed the
candidates and asked the Council who they would like to nominate.
Councilor Chapman nominated Bill Heimann. Councilor Hartzell nominated John Stromberg.
Voice Vote for Bill Heimann: Councilor Amarotico, Jackson, Silbiger, and Chapman, AYE.
Voice Vote for John Stromberg: Councilor Hartzell, AYE.
Mayor Morrison announced Dee Anne Everson and Bill Heimann as the appointees to the Budget
Committee.
2. Acceptance of Audit Committee Report and the June 30, 2006 Comprehensive Annual
Financial Report (CAFR).
Administrative Services & Finance Director Lee Tuneberg presented the staff report and commented on
the highlights of the Comprehensive Annual Financial Report. He noted the Auditor's unqualified opinion
listed on pages 3-4 states the City has met all standards and they have no exceptions. Mr. Tuneberg
commented on how GASB 44 changed the reporting requirements for the City. He also noted the overall
assets of the City remain stable; the debt is decreasing; and the fund balances in general are hitting their
targets throughout the City. He stated the City's total net assets are at $104M, and noted this has
increased this year by $2M. Mr. Tuneberg reviewed the remaining sections of the report, including the
Management's Discussion and Analysis contained on pages 5-16, the Basic Financial Statements on
pages 19-29, and the Supplemental Reports, Schedules and Statistical Tables on pages 65-131.
Mr. Tuneberg noted the packet materials contain the management letter from the auditors which identifies
issues they felt were reportable conditions. The letter listed reconciliations by the Accounting staff on a
timely basis as an issue, and Mr. Tuneberg clarified they have taken appropriate steps to resolve this. The
other issue was the way city staff downloaded asset records and prepared the information in Microsoft
Excel. Mr. Tuneberg stated they will remedy this by making sure the Eden software being used IS
properly set up to meet the City's needs and ensuring the Accounting staff is properly trained to use it.
Mr. Tuneberg requested Council's approval of the fepmi. Mayor Morrison noted the report was presented
to the City's Audit Committee and they were extremely pleased with it.
Councilor Silbiger/Amarotico m/s to accept the Audit Committee Report and the June 30, 2006
Comprehensive Annual Financial Report. Voice Vote: all AYES. Motion passed. Councilor Hartzell
had left the room.
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ORDINANCES, RESOLlTTIONS AND CONTRACTS
1. Reading by title only of a Resolution Titled" A Resolution Declaring the Canvass of the Vote of
the Election Held in and for the City of Ashland, Oregon, on November 7, 2006", and Mayoral
Proclamation.
Councilor Amarotico/Chapman m/s to adopt Resolution #2006-28. DISClTSSION: Mayor Morrison
noted he had received a speaker request form.
Art Bullock/Commented on the recount for Council Seat #2. He stated the manual recount does not
reconcile against the machine count and there has been no explanation of why the numbers differed. He
stated ballot counting machines register too many over votes and stated it is more accurate when done by
hand. Mr. Bullock also commented on the transparency with the recount process. He stated he was
allowed to be in the room as the recount was happening, but voiced disappointment that he was not
allowed to listen in on what was being said at the individual tables.
Roll Call Vote: Councilor Amarotico, Jackson, Silbiger, and Chapman, YES. Motion passed.
Councilor Hartzell had left the room.
OTHER BlTSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
(None)
ADJOURNMENT
Meeting adjourned at 9:55 p.m.
April Lucas, Assistant to City Recorder
John W. Morrison, Mayor
CITY OIF
ASHLAND
Council Communication
Appointment to Tree Commission ~~
Meeting Date:
Department:
Approval:
January 2, 20~07 ~
City Recorder
Martha Bennet
Primary Staff Contact: Barbara Christensen
488-5307 christeb@ashland.or.us
Estimated time: Consent Agenda
Statement:
Confirmation by Council of the Mayor's appointment to the Tree Commission of Kelly H.
Cruser for a term to expire April 30, 2008.
Background:
This is an open seat yet to be filled from the annual confirmations made by the City Council on
the Mayor's appointment for the Tree Commission.
There is still one vacancy on this Commission after the recent resignation of Ted Loftus.
Council Options:
Approve or disapprove Mayor's appointment.
Staff Recommendation:
None
Potential Motions:
Motion to approve appointment to the Tree Commission of Kelly H. Cruser for a term to expire
April 30, 2008.
Attachments:
Applications received
~~,
CITY ()F
ASHLP~ND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City
Recorder at City Hall, 20 E Main Street, or email christeb@ashland.or.us. If you
have any questions, please feel free to contact the City Recorder at 488-5307.
Attach additional sheets if necessary.
Name: Kelly H. Cruser, DDS, MS
Requesting to serve on: Tree Commission
(Commission/Committee)
Address: 520 Dogwood Way, Ashland, Or 97520
Occupation: Orthodontist, retired
Phone: Home: 4B8.4326
Email: cruser@rnind.net
1. Education Background
What schools have you attended?
University of Michigan; University of California, San Francisco, School of
Dentistry; University of California, Davis
What degrees do you hold? B.S. Zoology, D.D.S., M.S.
What additional training or education have you had that would apply to this
position?
I have no other formal degrees or education, but I am an essential scient'ist,
nature enthusiast, and artist.
2. Related Experience
What prior work experience have you had that would help you if you were
appointed to this position?
I ran a beautiful, successful orthodontic practice for 14 years and participated in
other boards and professional organizations: Mt. Ashland Board of Directors,
Oregon Dental Association Board of Trustees.
Do you feel it would be advantageous for you to have further training in this field,
such as attending conferences or seminars? Why? I would certainly enjoy
learning as much as I could at any lecture or other educational event. It would
surely give me many tools to use advantageously for the city of Ashland: it's
environment and aesthetic and the enjoyment of its population and visitors.
r;.,
3. Interests
Why are you applying for this position? I truly enjoy plants and look forvvard to
maximizing our tree's individual success.
4. Availabilitv
Are you available to attend special meetings, in addition to the regularly
scheduled meetings? Do you prefer day or evening meetings?
I no longer formally practice orthodontics and now enjoy tremendous freedom
with my schedule.
5. Additional Information
How long have you lived in this community? 15 years
Please use the space below to summarize any additional qualifications you have
for this position.
My fiance and I have organized, with the expert talent and knowledge of Laurie
Sager, hardscaping of our entire exterior property and are just starting to execute
her extensive planting plan: planting all but the heaviest perennials, shrubs and
trees and participating in the planning and some execution of the elements. I
have learned and will continue to learn much about plant ecology. I am truly
inspired and truly willing to work hard to make the Tree Commission's efforts
effective.
11.30.2006
Date
Kelly H.Cruser
Signature
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CITY OlF
ASHLAND
Council Communication
Meeting Date:
Department:
Approval:
Appointment to Bicycle & Pedestrian Commi~
January 2, 2007 ~ Primary Staff Contact: Barbara Christensen
City Recorde~tt N\~ ~ 1 488-5307 christeb@.ashland.oLus
Martha Benne)\ 1~\ Estimated time: Consent Agenda
Statement:
Confirmation by Council of the Mayor's appointment of Tom Burnham to the Bicycle &
Pedestrian Commission for a term to expire April 30, 2007.
Background:
This vacancy was created when Tom Marvin resigned his seat from the Bicycle & Pedestrian
Commission.
Proper notice was made in our local newspaper of the vacancy and four applications were
received and considered.
Council Options:
Approve or disapprove Mayor's appointment.
Staff Recommendation:
None
Potential Motions:
Motion to approve appointment of Tom Burnham to the Bicycle & Pedestrian Commission for a
term to expire April 30, 2007.
Attachments:
Applications received
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CITY 01:
ASHLAr\lD
APPLICA TION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
BY: --------------------
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email ,i,;i~tci,i',',:' ,i ,ii U'. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary .
Name
{OM ?5urnhA.W\
Requesting to serve on:7S;(,..../J~ o(;,~ ?tdatrl4.'"
(C ommission/Committee)
Phone: Home~B 2..- 'i 4.6"1
Work
Emaillb /951 C;; ClM('~ ~J
Fax
1. Education Background
What schools have you attended?
U#l'II. IJJ (IJnJ1~J,('uf
What degrees do you hold?
B -,5 - ;:tH"~t,fr""l
I
What additional training or education have YOll had that would apply to this position?
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2. Related Experience
What prior work experience have YOll had that would help you if you were appointed to
this position'?
OW h.I:.J f6t1~Ih.~:S<' ~.~
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Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why? Y G r ()tli e. ((r. 41l~
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3, Interests
Why are you applying for this position? I hIVe.. ~ 'i r!.. .J cLt:1.l "t
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4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? r <: -4 ~ 4{ 1-1 (.~
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5. Additional Information
How long have you lived in this community?
20 1- '-(tArs. '5/n'-.t 1'185
Please use the space below to summarize any additional qualifications you have for this
position
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Date
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Signature
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l-~PPLICA TION FOR APPOINTMENT TO
._~J CITY COMMISSION/COMMITTEE
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CITY IDF
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Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeJ2@ashlandor.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name Michael Church
Requesting to serve on: Bicycle and Pedestrian (Commission/Committee)
Address: 2669 Takelma Way, Ashland
Occupation: Retired
Phone: Home 488-2245
Work NA
Email mickchurch@gmail.com
Fax None
1. Education Background
What schools have you attended?
Birmingham, England.
Manchester University and University of Aston,
What degrees do you hold?
B.A. in Geography and Urban Studies and Master
of Philosophy.
"
What additional training or education have: you had that would apply to this position?
During my professional life I attended various conferences dealing with pedestrian and
bicycle issues. The conference that stands out for me is the annual Congress for the New
Urbanism. Its focus is much broader than just pedestrian or bicycle issues, but it
generally had useful things to say about both issues.
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
I recently retired as Planning Director for a city in the San Francisco Bay Area that was
working to revitalize its downtown and deal with traffic congestion. The treatment of
pedestrians and cyclists are integral to both these goals. My former community had spent
the last 40 years trying to facilitate the movement of the automobile, with little thought to
the pedestrian environment; and it only recently realized that this focus had created
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environments where no-one wanted to walk. Similarly with bicycles: Bicycle routes had
only been provided as after thoughts, once the needs of the automobile were met. As a
long time bicycle commuter I believe I had an impact on how the organization thought
about both bicycle and pedestrian movements.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why?
I believe that I have a good grasp of the broad issues facing pedestrians and bicycles, but
it is always useful to stay aware of developments in the field.
3. Interests
Why are you applying for this position?
I want to become involved with the community in which I live, and I think I can
contribute to the work of this committee.
4. Availabilitv
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings?
I am willing to attend special meetings when needed. After a working life involving
many evening meetings, I prefer daytime meetings.
5. Additional Information
How long have you lived in this community?
My wife and I have been part-timers in Ashland for the past five years. I retired this
summer and we moved here full-time in early December 2006.
Please use the space below to summarize any additional qualifications you have for this
position.
I have educational and work background that gives me perspective on bicycle and
pedestrian issues. I am an advocate for greater use of bicycles in urban contexts and for
creating more pleasant and functional environments for pedestrians. I am also someone
who would look at the broad context when making a recommendation.
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Date
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Signature
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CITY OF
ASHLA1\1D
APPLICA TION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email C!lII:--tL'l;;tI ;"llidn,-L~u" If you have any questions,
please feel free to contact the City Recorder at 488-5307, Attach additional sheets if
necessary.
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Requestll1g to serve on: .;j I ~~ /' r t::-{/C-~ -rrC I/l,l-r
(C ommissiotilCommi ttee)
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Fax
1. Education Back2round
What schools have you attended?
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What additional traming or education have you had that would apply to this position'!
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2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
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Do YOll feel it would be advantageous ftlr YOll to have further training in this field, sllch
as attending conferences or seminars? Why:
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3. Interests
Why are you applying for this position')
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4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings'? F V.Er-iiJ..~tL .- l HA-1,~_
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5. Additional Information
How long have you lived in this community')
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Please use the space below to summarize any additional qualifications you have for this
position. _ ,0 ',' - "
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Signature
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CITY OF
ASHLJ\ND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christ~,~sh]andorus. ]fyou have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary .
Name: Patricia West
Requesting to serve on: Bicycle and Pedestrian Commission
( Commission/Committee)
Address: 446 Briscoe Place, Ashland. OR 97520
Occupation: Retired Freelance Writer______ ___
Phone: Home 488-6834
Work
Email: westword@jeffnet.org
Fax
1. Education Background
What schools have you attended?
University of Iowa
What degrees do you hold?
BA
What additional training or education have you had that would apply to this position?
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars?
Why? Yes. to stay up-to-date on subject.
~~,
3. Interests
Why are you applying for this position?
I try to drive as little as possible, so I am interested in safety and convenience for walkers
and bicyclists.
4. Availability
Arc you available to attend special meetings. in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? Yes; prefer day meetings.~_
5. Additionallnformation
} low long have you lived in this community?
15 months
Please use the space below to summarize any additional qualifications you have for this
position
Date: September 13,2006
Signature Patricia West
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CITY OF
ASH L,A.N D
Council Communication
Approvals for Engineering Contract Amendments for the
2006 Utility Construction Project and the 2006 Street Improvement Project
Statement:
This item, if approved, will amend two engineering design contracts and increase the total design amounts for;
1. Hardey Engineering, 2006 Utility Construction Projects from $54,250 to $86,750, and
2. Marquess & Associates, 2006 Street Improvement Project $74,460 to $108,293.
Primary Staff Contact: Paula C. Brown, PE
E-mail: brownp@ashland.or.us
Secondary Staff Contact: James H. Olson
E-mail: olsonj@ashland.or.us
Estimated Time: consent
552-2411
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Meeting Date: January 2, 2007
Department: Public Works / Engineering
Contributing Departments: ce
Approval: Martha Benne
552-2412
Staff Recommendation:
Staff recommends Council approve the two contract amendments increasing the contract amounts. Council's
approval ensures relevant, timely, cost efficient completion of these design projects, and allows construction to
remain as scheduled in the Capital Improvements Program. Denial or delay of these amendments will cause
unnecessary cost increases and delays for final design and construction. In some cases, these projects could be
re-advertised as separate design proposals, and as such they would be under the contract limit that requires
Council approval, but would cause time delays and increase administrative and advertising costs.
Background:
In August 2004, the City received proposals for General Engineering Design Services through a Request for
Proposals for an on-call flexible services contract. The intent was to have at least one and up to three
engineering design consultants to provide "on-call" design, specification and construction mana!)ement of routine
public works construction projects. As a result, the City selected and has pre-approved three local firms, Thornton
Engineering Inc., Hardey Engineering Inc. and Marquess & Associates, Inc., for miscellaneous small engineering
projects. These pre-approved firms provide for a streamlined and abbreviated response for proposals for small
projects, and operate under a work order concept. One or all three are called upon to "propose" on the individual
public works design projects and based on their strengths, availability, and timeliness, an addendum is made to
incorporate the different projects into their contracts. The original contract was made in September 2004 and was
for a two-year term with two additional one year contracts. This is the final year under the original contract terms.
In March 2006, the City of Ashland executed a contract with Hardey Engineering for the 2006 Utility Construction
Projects including the development of engineering plans for a sewer line replacement on a portion of 'A' Street,
upsizing a storm drain line in the alley between E. Main and Blaine Street, and the replacement of the waterline in
Granite between Nutley and S. Pioneer Street. This amendment includes engineering for the actual 'A' Street
pavement/street reconstruction and addition of an expanded section of the storm drain in the Blaine St. alley.
These amendments change the total contract amount from $54,250 to $86,750.
Also in March 2006, a similar contract was awarded to Marquess & Associates for the 2006 Stmet Improvement
Project which originally included the Plaza Avenue LID, the Schofield Street / Monte Vista LID and the 'A' Street
C:IDocuments and SettingslbrownplDesktoplCC 05-33 Hardey Amend 112 06.doc
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reconstruction. The contract is being amended to delete and add several projects. The 'A' Street reconstruction
is being moved to the Hardey contract to align with the utility project, while the Plaza Avenue LID is being
postponed and may become a separate project. The addition of the Granite Street and B Street pavement
reconstruction will coincide with utility installations that have already been scheduled or completed. The last piece
to be added to the Marquess contract will be the engineering of the airport parking lot. The reconstruction cost is
covered by an Oregon Department of Aviation entitlement grant. These amendments change the total contract
amount from $74,460 to $108,293.
The contracts will be adjusted as follows:
Hardey Engineering
2006 Utility Project
Add:
Blaine St. Alley Storm Drain I $4,500
A St. Reconstruction I $28,000
Original Contract I $54,250
Amended Contract Amount I $86,750
Marquess & Associates
2006 Street Project
Add:
Granite St. Reconstruction $25,000
B St. Reconstruction $49,200
Ashland Airport Parking Lot Reconstruction $8,850
Delete:
A St. Reconstruction -$30,520
Plaza Avenue Construction -$18,697
Original Contract $74,460
Amended Contract Amount $108,293
Related City Policies:
Ordinance 2917, adopted by City Council on March 1, 2005, Section 2.52.050, states that if a contract
amendment totals 25% or more of the original contract amount then the contract amendment must be approved
by the Local Contract Review Board.
Council Options:
Council may either approve this amendment or deny the amendment.
Potential Motions:
Approval: Council moves to approve the contract amendment with Hardey Engineering for the engineering of the
2006 Utility Construction Project increasing the total contract amount to $86,750; and to further
approve the contract amendment with Marquess & Associates for the 2006 Street Improvement Project
for a total contract cost of $108,293.
Denial: Council moves to deny approval of the contract amendment with Hardey Engineerin!J for the 2006
Utility Construction Project, and further moves to deny the contract amendment with Marquess &
Associates Inc. for the 2006 Street Improvement Project.
Attachments:
1. Original RFP for General Engineering Design Services / Flexible Services Contract
2. Original Contract with Hardy Engineering for the 2006 Utility Construction Project
3. Proposed Contract Amendment with Hardy Engineering for the 2006 Utility Construction Project
4. Original Contract with Marquess & Associates Inc. for the 2006 Street Improvement Project
5. Proposed Contract Amendment with Marquess & Associates Inc. for the 2006 Street Improvement Project
C:\Documents and Setlings\brownp\Desktop\CC 05-33 Hardey Amend 1 12 06.doc
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OTY 0= ASHLAND
DEPARTrvENT C:f PUBLlCWa<KS
REQJEST Fa< PRCFCSAL
Fa<
GENERAL ENG NEEr~1 NG DESI G\J SERVI as
The Oty of Ashlmd is seeking pq:x::6ds fer me pimay md up to two dterncie
Engneering De>ign Firms to povirn genErd Engneering c::e;ign service>. This wak is
to 00 perfamed m m m-ml flexitie service I:x:sis fa the p..Jrp::sES of Oty of Ashlmd
cEsign service> fa p..Jtiicwaks cx:nstrudim pqros. T he service> will induce, rut will
not 00 limitEd to: roc:d/ro;errelt c::e;ign; water, SeNer, stam ddn md other utility
extEnsims a u~crt:s; perxratim of pens md sp:dfic:x:::ttims; Engneering EstirrdES;
limitEd cx:nstrudim mcnq::pTlEnt service>; md perxratim of CE-ruilts.
Cblsultmt selroim will rESult in the issucnce of a cx:ntrcd fa cEsign serviffi. fa a two
yeer durdim with rEnevvd povisims fa up to two c::ctitimd crle yeer terms. Olce
selroims ae ma:::e, sp:dficwak CEsignmffits will 00 ma:::e CE Wak Oder Gcntrcds
cEscrita:::l in this RFP.
Prq:x::6ds must 00 rEn:livEd by 1 :30 PM .August 13th, 2003, in the Oty of Ashlcnd
Engneering atice Icx::dEd at 51 Winrurn WO{, Ashlmd a< 97520; mailing address:
20 E. Main Street Ashland OR 97520.
Prq:x::6d dx1Jmffits ae OJdlc:t)e at the cixJv'e crttESS md dl pq:x::6ds must 00 m
the fams povidEd a in the sane fa mat. Prq:x::6ds ae limitEd to 6 pc::g:s. The
pq:x::6er must 00 regsterEd CE a ProfESsk:nd Engneer CO VI L) with the State of
Oeg:n.
Cblsultmt selroim will 00 I:x:sEd Up::rl weightEd criteria CE dtEd in the Req.J1::!St fa
Prq:x::6d dx1Jmffit. Stmdad selroim criteria inducEs, rut is not limitEd to:
experiEnce, OJdlrnlity, sdlEKiJle, rES p::rlS e time md cn;t.
The Oty of Ashlmd rEServES the right to r~ro my md dl pq:x::6ds, to wdve
farrditiES a to ax:spt my pq:x::6d which ~s to serve the tB;t interESt of the
Oty of As hlmd
Fa further infamatim, cx:ntcd Pcula BrOJv1l, Putiic Waks Dirroa 1 Oty Eng,neer a
Pieter Srneerlk, Assodate Engneer at 541/488-5587.
~
/Pcula C BrOJv1l, P. E.
PLJtiicWaks Dirroal Oty Engneer
G:\pub-wrks\admin\FY04 Engineering Services RFP.docPage 4 of 20
A nA-C4-l '1 ~ T 1.
OTya: M3HLAND
DEPARTtv'ENT Cf PUBLlCWO<KS
REQJEST FO< PRCP03Al
FO<
GENERAl ENGl NEH~I NGDESI Q\J SERV1 as
CONCEPT
The Oty of A<>hlmd intEncS to hire one p-imay md up to two dtande EngnE:B"ing
Design Firms to p-avic::e gEnad Engneering ce,ign savice:;. This wak is to t:e
r::afa~ on m on-cD I flexitje savice:; tais fa the PJrr:u;ES of Oty of A<> hi old PJtjic
waks ce,ign savice:; fa PJtjicwaks cx:nstrudion p-qros.
MUL T I PLE SELECT ION
The Oty intEncS to selro multipe Prq:::n;as from this sdidtdia1. 0103 sele::tions ae
1llCl:i3, sp:;dficwak cssignmmts \ViII tB rra:i3 cs Wak Ode- Cmtra:ts (WCJ:.J
ce,aib3d in ArnEEtv'ENTS, WO<K O<DER CD\JT RAGS AND M3SI Q\Jtv'ENTS, Sroion III
d this RFP. The p-qros \ViII tB cssignec:l c:s neEd::d md thae is no gJamtee thd my
sp:;dficcrnaJnt d wak a my sp:;dfica avadl ddla crnaJnts \ViII tB CSSiglec:l ci.Jring
the tam of the Cmsultmt Savice:; Cmtren.
WORK OESCRI PTI ON
I . Scx::PE a WO<K
The selroec:l cx:nsultmts \ViII p-avide Engneering ce,ign savice:; thd induc::e,
rut ae not limitec:l to: gcDng md rcx:d/rxwernett ce,ign; wda, SeNf5, stam
ddn md otha utility extEnsions, ur::gcrt:s, p-er:xrdion of pms md
sp:;dficdions, Engneering EStimde;, md cs-ruilts.
II. DESml PT I (J\J a CD\lSUL T PM DUT I ES
A Engneering DESign fa PutjicWaks Cmstrudion Prqros:
1. Ea:tl p-qro \ViII tB cssignec:lthrough owak ade- cx:ntra::t (WOO
md \ViII reqJire the c:x::r-lsultmt to p-avic::e 0 scq::::.e of wak, CX1it
EStimde fa the savice:; to tB r::afa~, time frmte md (:n
cxx:eptcjj e I ist of p- q Ed r::as onnel.
2. Pravic::etq:xgq:tlicmdysis fa vaious PJtjicwaks p-qe::ts.
3. Pravic::e site md cx:nstrudion Engneering ce,ign fa p-or::a
pcx:allffit fa PJtjicfcdlitiES.
4. Pravic::e cx:nstrudion cE;ign cEtdls fa vaious p-qros indudng
street, SeNa, wda O'ld stam ddn md otha utilitie; to t:e
a::mpetec:l cs PJtjicwexks cx:nstrudion p-qros.
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5. Prep::re pe;entdim m:taids fa vaioos p..Jljic Old infalTdimd
rreeti ng; .
6. Attend waking rreeting; Old p..Jljic rreeting; Cl) rEq-Jired in the
Wa::..
7. When rEq-Je;ted, the o:::nsultmt ITlOy' 00 rEq-Jired to povic::E~ sub-
dsdpine saviCES fa the fdlCNving ty~ of s~dtie;:
envirmlTlEntd, geotectlnio:::L g:dcxjo:::L trctficstude;, a silmila
s~dty wak ite1lS.
B. Prep::rdim of Bid DCX:UlTlEnts fa PuljicWaks Calstrudim PrqEds:
1. Canpete engneaing cEiigls c:daq.Jdely fa CDltra::t bcting.
2. D6VelqJ engneaing s~fio:::tims to Oty of Ashlmd Stmd::rct.
3. D6VelqJ engneas o:::nstrudim cn;t EStimate;.
4. Canpete bd qJmtity o::JOJldims (vvithin 5% of a::tud).
C Assist vvith Calstrudim rvm~t ..Activitie;
1. Provide msCEllmEOJs ci:sigl Cl)SistmCB Old intapetdim to
o:::ns tr udi m a eNS Cl) r Eq-Ji r ed.
2. Pr ovi de fi el dins r::a:ti ms Cl) r Eq-Je; ted by Oty Pr q Ed rvmq~.
3. Assist vvith a:mpeting cbJJlTlEnts fa o:::nstrudim cnmge (~das.
III. CO\JSUL T .ANT'S RESPQ\JSI BI LI TIES
The o:::nsultmt's p:;rsm in cnage of the pqEd must 00 01 Oeg:n Profe;simd
Ovil Engnea Cl) rEq-Jired by Oegc:n R6Vised Stdute; Old shdl Cl)SUffi:; full
re;p:nsiblitie; fa the fdlCNving
A Pasmnel, rvdaids & EqJir::rne1t
The o:::nsultmt shdl povide qJdified Old ~ent p:;rsmnel Old shdl furnish
dl sUr:;Pie;, Eq-Jir::rnett tads Old indc::lEfltds rEq-Jired to a:x::x:::mpish the wak.
All mataids Old sUr:;Pie; shdl 00 of gxxj qJdity Old suitrne fa the CEsigled
wok.
B. Sdety EqJir::rnett
T he o:::ns ultmt s hd I P ovi de Old us e d I s dety Eq-Ji r::rnett i nd ud ng, tlrt not
limted to had hds, sdety vEStS Old dothing rEq-Jired by Stde Old FEmd
regJldims Old Dep::rtlTlEnt pjide; Old p<XEdJre;.
C Busine;s License REq-Jired
The selEded o:::nsultmt must hOJe a OJrrent Oty of Ashlmd rusine;s license
pia to o:::nduding my wak fa the Oty.
D. Profe;simd Re;p:nsiblitie;
The o:::nsultmt shdl p:;rfam the wak using the stmdact of cx:re, skill Old
dligenCB narrdly povided by a pofe;simd in the p:;rfammCB of sucn saviCES
G:\pub-wrks\admin\FY04 Engineering Services RFP.docPage 6 of 20
in re;~ to simila wak Old shdlc:anpy Vvith dl cpjicx:t)e cxxE; Old
stOlcbds.
PROPOSAL CONTENTS
The a::nsultOlt shdl sutmit three mpe; of the pq:x;6d fa a::nsid:rdion by tine Oty.
The pq:x;6d shdl crt::te;s am of the fdlOJving listed itErrlS Old shdl ffi ag:;nized in
ax:x:rdmce Vvith this sroion of the pq:x;6d.
Prq:x;6d shdl indude the fdlOJving infamdion:
Title of Project
Proposer's Contact
Nane:
Title:
A:t:t e;s :
Phone & Fa< Numb3":
CRITERIA FOR SELECTION
Ean pq:x;6d is limited to no more thOl 6 ~; re;ume; may ffi dtaned cs ol
~dx; Old shdl a::ntdn the fdlOJving <criteria
I. UNDERST ANDI NGCf REQJEST ED SER\t1 CES/PROJEG
fVW( SCD~E 10 PT S
This relde; to the tx::sic a pelirrinay und:rstOldng of the re:::JJe;ted service;,
I s there a dea Old a::ndse und:rstOldng of the service;/pqro tx::sed on
existing infamdion? I s there a generd c:esaiption of the rde of the r'Eq,Je;ted
service; Old the cilief issue; to ffi crt::te;sed?
II. FI Rrv1S CAP,ABI LI TIES
fVW( SGJ<E 25 PT S
This relde; to the firms cx:p::tilitie; in p:rfaming the re:::JJe;ted serviCe>.
ReferEnce; may ffi induded in this sroion of the aiteria The re;p::nse should
crt::te;s the fdlOJving:
8 Sirrila service;, p:rfamed Vvithin the lest three yeas, thd te:;t cilaa::terize
wok qJdity Old cn;t a::ntrd; indude d le:::st three OJrrEnt referEnce;;
8 M<naw1edge am ty~ of c:esigi service:; rEqJe;ted Old pO/ide infamdion
on strEngths Old wed<ne;s to ~:afam am ty~ of c:esign;
8 I nternd pcxOOJre; Old/a p)ide; relded to wak qJdity Old cn;t a::ntrd,
G:\pub-wrks\admin\FY04 Engineering Services RFP.docPage 7 of 20
e rvtnc::g:;mEnt md ag::nizdimd structure;
e Oher m-gjng p-qros thd rno( citro OIdlmlity fa this wak;
e Avdlmlity to ~fam the wak fa the durdim of the CXTltra::t.
III . PROJEG T EMv1
rvtAX Sca~E 20 PT S
This relde; to the p-qro p-indp::L the p-qro mma;;:Jer, key stcit md sub-
CXTlsultmts. The tx::sicqJe;tim is heM'well thet60lls qJdifia::tims md
ex~ience relde to the reqJe;ted services:
e Extent d p-indpj invdverTlEf'lt
e ClJrrent m-gjng wak c:ssignrnents, p-qro typ::s, md loa::tim of key
mernb3rs,
e Ncrne; of key mernb3rs whoVvil1 00 ~famingthewak m this p-cjro md
their re;p:nsiblitie;,
e QJdifia::tions md relevmt indvidud ex~ience, indudng sub-CXTlsultmts,
e Ex~ience c:s a t60ll on simila a relded p-q ros ,
e Prqro rvtna;;:Jers ex~ience Vvith simila p-qros md interdsdpinc:ry
tEaTIS ,
e List PJl"entid sub-dsdpine CXTlsultmts thd CDJld 00 cx:jled fa s~idty wak
md p-avide ncrne; d key pOfers md current fee sdledule fa the fdlOvVing
dsdpine;: envirmmentd, geotedlnicx:j, gedcgcx:j, trctficstude;.
e List three current references fa simila wak p-q ros ,
I V. RESOJRaS
rvtAX SCD<E 15 PT S
This relde; to the totd re;curces c:1Ioa::ted to p-avidng the reqJe;ted services.
Cexanpe5: a:mp:1fitie crmpJtff EC'Jipnelt, cr:i:x+Jdesurvey EQJipnEnt, etc).
V. RESPQ\JSE T I rvE
rvtAX SCD<E 20 PT S
T his criteria relde5 to heM' qJickly the CXTlsultmt cxn re;p:nd to my given
c:ssignment md whd p-iaity wculd 00 c:ssigned to Oty p-qros,
VI. CD3T Cf SERVI as
rvtAX sm<E 10 PTS
In m attcrned seded envelq::B, p-avide a summary d service m>ts indudng
e Profe;simd Engneer rde,
e Engneer in T rdning rde,
e Engneering T edlnidm rde,
e Drdts~sm rde,
e Oher p-de;simd/sub-p-ofe:;simd rde(s),
e Dirro non-Ict:x:x m>ts thd might 00 q::picdje.
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PROPOSAL EVAlUATION AND SELECTION
I , REVl EW
Prq::u;ds Vvill te revievved md evduded bt r:asmnel fran the CIty of A<>hlmd
Dep::rtrrent d PutJicWaks, Ecxtl pq::u;d Vvill te evduded m CXlltEnt qJdity
md cx:mpetffie;s cs de;aib:d in the pecEdng sroim, I ntervi~ m::ly' te
CXllciJded Vvith the top rmking firms if the CIty d3erTls it nEn3Ssay.
II. EV,ALUATIGJ mlTERIA
Ecxtl pq::u;d Vvill te j uctJ3d cs a c::ffnalstrdim of the CXllsultmts CXl:c:blitie;
md uncErstmdn d the service; r e;t6d Evdudim Vvill te cs fdlcJvvS:
Qiteria Maximum Score
A
B. Firms 'Iitie;
C Pr 'ro T e:m
D. Re;rurce;
E. Re; seTime
F. ilit of Service;
e;ted Service;
10
2'.
..)
20
11'
..)
20
10
TOT Al 1100 Points
III, CI TV RESERVAT I GJ
T he CIty of A<>hlmd re;erve; the ri~j1t to wdve irregJlaitie; a dsaep:J1de; in a
pq::u;d if the CIty daterrTine; thd the wdver is in the ta>t intere;t of the CIty.
IV. ADDENDA TOTHE RFP
The pOv'isims d this RFP CO'lnot t:B mc:dfied bt ad interpetdims O'
stderTlElnts. If inqJirie; a cx:mments bt offeras rdse issue; thd r6q..Jire
daifia:::tim bt the CIty, a the CIty erode; to revise my rut of this RFP,
crl::Enc:b Vvill te pOv'ic:i:d to dl r:asms knCMlll to the CXllta:t r:asm who hOle
ra:aved a Vvill subi6q...Jffitly ra:ave the RFP, Ra:apt of crl::Enc:b must te
cxknOvV1edged bt signing md returning it Vvith the pq::u;d.
V. PROT EST
My posp:aive CXllsultmt who CXlltffic:S thd the pOv'isims of the RFP a my
csp:d of the pOOJrerTlElnt pcx::ess Vvill fficn.Jrc::ge fOlaitism in the ONc:rd of the
CXlltra:t, a subitmtidly dminish o::rnP3"titim, must file a Vv'Tittffi potl~t to the
RFP d lec:st tffi c:b{s pia to the (tie set fa the q:Bling of pq::u;ds. Fdlure
to file a pote;t Vvill te deemed a wdver of my ddm bt m offera thd the
pOOJrerTlElnt pcx::ess vidde; my pOv'isim of ens Olc:pter 279, the CIty of
A<>hlmd Lcx::d Cmtra:t Revievv Bcx:rd Rule; a the Cltys pc:x:ffi.Jre; fa sae€fling
md selroim of r:asms to r:afam r:asmd service;.
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AGREEMENTS. WORK ORDER CONTRACTS AND ASSI GNMENTS
OlCE the p-irray md dta-nde EngneEJing CDlsultmts ae seEdEd, the re:;ulting
c:gEJEn'elts Vllill tB cbJJrnEntEd CE O::nsultmt Sa-via:s O::ntra:::ts. Sp:dfic p-c~Eds Vllill
tB CEsignEd md c:i:saited in a sp:dfic Wcrk Odff O::ntra:::t, CE expdnEd OOC}N in
SEdim III, Wak Odff O::ntra:::ts. Ean WOCVlliII incnp::y;de dl ta-ms md andtims
of the O::nsultmt Sa-via:s O::ntra:::t md this RFP. Wak VIIi II tB CEsignEd CE shc:::MIIl in
the Wak De;aiptim SEdim of this RFP.
T ha-e is no guamtee thd my sp:dfic aTlOJnt of wak a my c::tlla allCX.Jnts VIIi II tB
CEsignEd through the ta-m of the O::nsultmt Sa-via:s O::ntra:::t. Oty p-qEds rTlOy'tB
CEsignEd b::::6Ed up::'l1 the CDlsultmtS eXp3"tise md OJrrent wak loa:i
The Oty rTlOf offa- a sep::rde sdidtdim old p-CXl..Jrffi1ellt to tB CDldudEd fer my
p-qEd. The Oty Vllill CESe:;S En:tl Put)ic Waks p-qEd md rTlOf CDlsidff the csstirrdEd
m>t, sp:ddizoo ndure of the p-qEd, md otha- fa:::tas, to <:Eta-mine whether a
sep::rde sdidtdim md p-CXl..Jrffi1ellt Vllill tB rEqJired/ c:i:sirEd.
I. CD'\JTRACr
The CDlsultmt(s) seEdEd by the Clty Vllill tB exp:dEd to enta- into a vvritten
CDltra:::t in the fam dtanEd to this RFP in the ~dx. The p-q::x:sd should
indcxte areptmCE of the Otys cx:ntra:::t p-ovisims a sugge:;t rE05mct)e
dta-ndive:; thd cb not sutstmtidly imp:ir the Otys rights undff the cmtra:::t.
If indusim of my of the Otys CDltra:::t p-ovisims Vllill result in higha- CC6tS fa
the sa-via:s, sudl m>ts must tB sp:dfimly identifiEd in the p-q::x:sd.
UnCDldtimd refusd to arept the CDltra:::t p-ovisions p-q::x:sEd by the Oty
Vllithout offa-ing ax:Eptrne dta-ndive:; rTlOf re:;ult in dSQ-Jdifimtim of the
offa-a a a Ie:;s fO/arne evdudicn of its p-q::x:sd.
II. CD'\JTRACr TERM
I t is mtidp::ltEd the O::nsultmt(s) Vllill enta- into a two-ye::r CDltra:::t (through
June 30,2005) Vllith m optim to extend fa up to two crt:itimd me YHJ ta-ms.
III. WmK mDER CD'\JTRAGS (WOO.
I ndvidud PrqEds Vllill tB CEsignEd through Wak Odff O::ntra:::ts (WeC). Eexh
WOC VIIi II c:i:saitB the sc:q:::e of the p-qEd, time fraTIES, md my sp:dd
CDlsidffdims, md VIIi II incnp::y;de dl ta-ms md CDldtims of the Ccrlsultmt
Sa-via:s O::ntra:::t. A p-qEd is CDlsidffEd CEsignEd when dl rEqJirEd signdure:;
hOle tBen mdnEd m the WOCmd the Oty hCE issuEd a notiCE to p-CXEEd to
the O::ntra:::ta. Eexh WOC rTlOf tB m1endej to dlavv fa crt:itimd p"1CEe:; of
wak n8CE5say fa a sp:dfic p-qEd, Vllithin the sc:q:::e of the O::nsulta"1t Sa-via:s
O::ntr a:::t.
G:\pub-wrks\admin\FY04 Engineering Services RFP.docPage 10 of 20
The O:::Xltra::ta shdl p::rfam SErviCE) in a:x:x:rdnCE 'vVith the O:::Xlsultmt SErviCE)
O:::Xltra::t mly 'vVithin m issuoo md (W"CNOO WOC If O:::Xltra::ta refusEs a
eumot cnnr::iY 'vVith a Wa:; c:ss iglrrlelt, m authaizoo rep-ESEntdive d
O:::Xltra::ta shdl subnit a writtEn refusd 'vVithin two cbys of r~pt of reqJESt fa
the WOC If O:::Xltra::ta refusES mc:ssiglmffit a td<ES rnc:re thm two cbys to
rESp::nd, the Oty rT1O{ offEr the WCCto mothEr O:::Xltra::ta, a sdidt sE;p::rdely
fa tha;e SErviCE), a td<e othEr a::tim dae1led q:p-wide.
..An I ndvidJd Wa:;fam 'vVi1l idEntify the s~ficStdemmt of Wak fa EUtl
WOC The Wa:; 'vVi II induce the SErviCE) to b3 p::rfamOO by the O:::Xltrexta, a
sdlEd.Jle, md d3liVErct::lES. The W<X must induce a cx:mpete Sumrra-y of
Estimde fa SErviCE) thd idEntifiES the c:ssigloo stdf by tc:sk hoors to IreflEd the
totd not to exCBOO amoont of the WOC Ecrn Wa:; must dEaly b3 'vVithin the
S<:x:p3 of SErviCE) in the O:::Xlsultmt SErviCE) O:::Xltra::t md'vVill hOv'e a rro<imum
mcnetay amoont p:ly'ct::le to O:::Xltrcrta thd 'vVi1l b3 neg:>tidoo by the Oty md
the O:::Xltra::ta. If neg:Jtidims fdl to a:nduce in m q]eerl"1Ent the Oty' rT1O{
mEr the Wa:;to mothEr O:::Xltra::tc:f, a sdidt sE;p::rdely fa tha;e SErviCE), a
td<e othEr a::tim dae1led q:p-W ide.
The mo<imum amoont p:ly'ct::le m ecxh Wa:; rT1O{ mly b3 ex<::Ba::lEd up:::rl the
pia writtEn q:p-CNd by the Oty throo~ m amEndEd WOC No SErvio:i5 unc:a
a Wa:; a amEndmEnt s hd I t:B:j n tBfae the Oty, O:::Xltr cx:ta md othEr r ~iroo
s igldurES ae ilid noo m the Wa:; a Wa:; amEndmEnt, md the Oty hc:s
issuoo a NotiCE to Prc:x:::Ee:i
G:\pub-wrks\admin\FY04 Engineering Services RFP.docPage 11 of 20
ENGINEERING SERVICES CONTRACT
Consultant services contract made on the date specified below in Recital A between the City and Consultant as
follows:
Recitals:
A. The following information applies to this contract:
CITY: CITY OF ASHLAND Consultant: Hardey Engineering & Associates, Inc.
City Hall Address:
20 E. Main St. POBox 1625
Ashland, Oregon 97520 Medford OR 97501
(541) 488-6002 Telephone: 541 772-6880
FAX: (541) 488-5311 FAX: 541 772-9573
Date of this agreement: ,-r B: RFP date: January 18, 2006
March 10, 2006 Proposal date: February 21, 2006
,-r2.2. Contracting officer: James H. Olson, Project Manager
,-r2.4. Project: 2006 Utility Construction Project No. 2005-33
,-r6. Consultant's representative: Jim Higday P.E.
,-r8.3. Maximum contract amount: $54,250.00
B. On the date noted above, City issued a request for proposals (RFP) for consulting services needed by City
for the project described above. Consultant submitted a proposal in response to the RFP on the date noted
above.
C. After reviewing Consultant's proposal and proposals submitted by other offerors, City selected Consultant to
provide the services covered by the RFP.
City and Consultant agree as follows:
1. Relationship between City and Consultant:
Consultant accepts the relationship of trust and confidence established between Consultant and City by this
contract. Consultant covenants with the City to perform services and duties in conformance to and consistent
with the standards generally recognized as being employed by professionals of consultant's caliber in the
locality of the project. Consultant further covenants to cooperate with City, City's representatives, contractors,
and other interested parties in furthering the interests of City with respect to the project. In order to promote
successful completion of the project in an expeditious and economical manner, Consultant shall provide
professional consulting services for City in all phases of the project to which this contract applies, serve as City's
professional consulting representative for the project, and give professional consultation and advice during the
term of this contract. Consultant acknowledges that City is relying on consultant to provide professional
consulting services in a manner that is consistent with the interests of City.
2. Definitions:
Generally words, terms and phrases used in this contract shall have the meaning ascribed to them in the
construction industry, unless the context clearly indicates otherwise. As used in this contract:
2.1. "City" means the City of Ashland, Oregon.
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A~6Nr 2
2.2. "Contracting officer" means the person specified in Recital A above or that person's designee.
2.3. "Project" means the project described in Recital A.
2.4. "Work" or "Services" shall mean all labor, materials, plans, specifications, opinions, reports, and
other consulting services and products which Consultant is required to provide under this contract.
3. Term: The term of this contract shall commence on the date specified in Recital A above and end on
completion of all services required by this contract unless sooner terminated as provided in this contract.
4. Authority of contractinq Officer: The contracting officer shall have the authority to act on behalf of City in the
administration and interpretation of this contract. The contracting officer shall have complete authority to
authorize services, transmit instructions, receive information, interpret and define City's policies and make other
decisions with respect to Consultant's services.
5. Consultinq Services: Consultant shall provide services to City that are described in the RFP.
5.1. In connection with the services described in the RFP, Consultant shall:
5.1.1. Consult appropriate representatives of City to clarify and define City's
requirements relative to the services.
5.1.2. Review available data relative to the services.
5.1.3. Identify data which is not available and is needed to fulfill the services, and act
as City's representative in obtaining such data.
5.1.4. Prepare monthly progress reports to the contracting Officer on the status of
services.
5.1.5. Cooperate with other consultants retained by City in the exchange of
information needed for completion of the services and the project.
5.2. Consultant shall commence performance of services within five days after receiving written
authorization from the contracting officer for work described in the RFP. Consultant shall perform the services
as expeditiously as is consistent with professional skill and care and the orderly progress of the project. Upon
request of City, Consultant shall submit for City's approval, a schedule for the performance of work elements
described in the RFP. Each schedule shall include allowance for periods of time required for City's review and
approval of Consultant's services. Each schedule, approved by City, shall become a part of this contract.
5.3. Consultant shall perform the services as an independent contractor in accordance with generally
accepted standards in Consultant's profession. Consultant shall be responsible for the professional quality,
technical accuracy and the coordination of all services performed by Consultant. Consultant shall, without
additional compensation, correct or revise any error or deficiencies in the services that are caused by
Consultant's negligence. City's review, approval, acceptance of, or payment for, any of the services shall not be
construed to waive any of City's rights under this contract or of any cause of action arising out of Consultant's
services. In the event of any breach of this contract by Consultant or negligent performance of any of the
services, City's cause of action against Consultant shall not be deemed to accrue until City discovers such
breach or negligence, or should have, with reasonable diligence, discovered such breach or negligence. The
preceding sentence shall not be construed, however, to allow City to prosecute an action against Consultant
beyond the maximum time limitation provided by Oregon law.
6. Assiqnment of Consultant's Personnel:
6.1. The services covered by this contract shall be rendered by, or under the supervision of the person
specified in Recital A above, who shall act as Consultant's representative in all communications and
transactions with City.
6.2. Consultant will endeavor to honor reasonable specific requests of City with regard to assignment of
Consultant's employees to perform services if the requests are consistent with sound business Clnd professional
practices.
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7. Responsibilities of City:
7.1. City will cooperate fully with Consultant to achieve the objectives of this contract.
7.2. City will provide information, documents, materials and services that are within the possession or
control of City and are required by Consultant for performance of the services.
7.3. City will arrange for access to, and make all provisions for Consultant to enter upon, public and
private property as required for Consultant to perform the services.
7.4. City will provide all permits necessary for completion of the project.
7.5. The contracting officer will act as liaison between City, Consultant, public agencies, and others
involved in the project.
8. Payment:
8.1. City shall pay Consultant for services and reimburse Consultant for expenses incurred by
Consultant in performance of services in accordance with a payment schedule to be submitted by Consultant
and accepted by City. No reimbursement will be made for expenses that are not specifically itemized in this
payment schedule without prior approval by the contracting officer.
8.2. Consultant shall submit monthly invoices to City for Consultant's services within ten days after the
end of the month covered by the invoice.
8.3. Total payments under this contract or any amendments shall not exceed the sum specified in
Recital A above.
9. Compliance with Law:
9.1. This contract will be governed by and construed in accordance with laws of the State of Oregon.
Consultant shall promptly observe and comply with all present and future laws, orders, regulations, rules and
ordinances of federal, state, City and city governments with respect to the services including, but not limited to,
provisions of ORS 279C.505, 279C.515, 279C.520 and 279C.530.
9.2. Pursuant to ORS 279C.520(2) any person employed by Consultant who performs work under this
contract shall be paid at least time and a half pay for all overtime in excess of 40 hours in anyone week, except
for persons who are excluded or exempt from overtime pay under ORS 653.010 to 653.261 or under 29 U.S.C.
Sections 201 to 209.
9.3. Consultant is a "subject employer" as defined in ORS 656.005 and shall comply with ORS 656.017.
Prior to commencing any work, Consultant shall certify to City that Consultant has workers' compensation
coverage required by ORS Chapter 656. If Consultant is a carrier insured employer, Consultant shall provide
City with a certificate of insurance. If Consultant is a self-insured employer, Consultant shall provide City with a
certification from the Oregon Department of Insurance and Finance as evidence of Consultant's status.
9.4. If the amount of this contract is $15,964.00 or more, Consultant is required to comply with chapter
3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees
performing work under this contract and to any subcontractor who performs 50% or more of the service work
under this contract. Consultant is also required to post the attached notice predominantly in areas where it will
be seen by all employees.
10. Ownership of Documents:
All documents prepared by Consultant pursuant to this contract shall be the property of City. To the extent
permitted by law, City shall, within the limits of the Oregon Tort Claims Act, defend, indemnify and hold
harmless Consultant, its consultants, agents and employees against all damages, claims, expenses and losses
arising out of any reuse of plans, specifications and other documents prepared by Consultant without prior
written authorization of Consultant.
11. Records:
11.1. Consultant shall develop and maintain complete books of account and other records on the
services which are adequate for evaluating Consultant's performance. Consultant shall maintain records in such
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a manner as to provide a clear distinction between the expenditures and revenues related to the project and the
expenditures and revenues related to Consultant's other business.
11.2. Consultant's books and records shall be made available for inspection by City at reasonable
times, to verify Consultant's compliance with this contract. City shall have the right to request an audit of
Consultant's books and records by a certified public accountant retained by City.
12. Indemnification:
Consultant shall defend, indemnify and save City, its officers, agents, and employees harmless from any and all
claims, actions, costs, judgments, damages or other expenses resulting from injury to any person (including
injury resulting in death), or damage to property (including loss or destruction), of whatsoever nature arising out
of or incident to the negligent performance of this contract by Consultant (including but not limited to, the
negligent acts or omissions of Consultant's employees, agents, and others designated by Consultant to perform
work or services attendant to this contract). Consultant shall not be held responsible for any claims, actions,
costs, judgments, damages or other expenses, directly and proximately caused by the negligence of City.
13. Insurance:
13.1. Consultant shall, at its own expense, at all times during the term of this contract, maintain in force:
13.1.1. A comprehensive general liability policy including coverage for contractual
liability for obligations assumed under this contract, blanket contractual liability, products and
completed operations and owner's and contractor's protective insurance;
13.1.2. A professional errors and omissions liability policy; and
13.1.3. A comprehensive automobile liability policy including owned and non-owned
automobiles.
13.2. The coverage under each liability insurance policy shall be equal to or greater than the limits for
claims made under the Oregon Tort Claims Act with minimum coverage 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.
13.3. Liability coverage shall be provided on an "occurrence" basis. "Claims made" coverage will not be
acceptable, except for the coverage required by subsection 13.1.2.
13.4. Contractor shall submit certificates of insurance acceptable to the City with the sig ned contract
prior to the commencement of any work under this agreement. Each certificate shall state that coverage
afforded under the policy cannot be cancelled or reduced in coverage cannot be made until at least 30 days
prior written notice has been given to City. A certificate which states merely that the issuing company "will
endeavor to mail" written notice is unacceptable.
14. Default:
14.1. There shall be a default under this contract if either party fails to perform any act or obligation
required by this contract within ten days after the other party gives written notice specifying the nature of the
breach with reasonable particularity. If the breach specified in the notice is of such a nature that it cannot be
completely cured within the ten day period, no default shall occur if the party receiving the notice begins
performance of the act or obligation within the ten day period and thereafter proceeds with reasonable diligence
and in good faith to effect the remedy as soon as practicable.
14.2. Notwithstanding subsection 14.1, either party may declare a default by written notice to the other
party, without allowing an opportunity to cure, if the other party repeatedly breaches the terms of this contract.
14.3. If a default occurs, the party injured by the default may elect to terminate this contract and pursue
any equitable or legal rights and remedies available under Oregon law. All remedies shall be cumulative.
14.4. Any litigation arising out of this contract shall be conducted in Circuit Court of the State of Oregon
for Jackson County.
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15. Termination without Cause:
15.1. In addition to the right to terminate this contract under subsection 14.3, City may terminate by
giving Consultant written notice sixty days prior to the termination date.
15.2. In addition to the right to terminate this contract under subsection 14.3, Consultant may complete
such analyses and records as may be necessary to place its files in order and, where considered necessary to
protect its professional reputation, to complete a report on the services performed to date of termination.
15.3. If City terminates the contract under subsection 15.2, Consultant shall be paid for all fees earned
and costs incurred prior to the termination date. Consultant shall not be entitled to compensation for lost profits.
16. Notices:
Any notice required to be given under this contract or any notice required to be given by law shall be in writing
and may be given by personal delivery or by registered or certified mail, or by any other manner prescribed by
law.
16.1. Notices to City shall be addressed to the contracting officer at the address provided for the City in
Recital A above.
16.2. Notices to Consultant shall be addressed to the Consultant's representative at the address
provided for the Consultant in Recital A above.
17. Assiqnment:
City and Consultant and the respective successors, administrators, assigns and legal representatives of each
are bound by this contract to the other party and to the partners, successors, administrators, assi'gns and legal
representatives of the other party. Consultant shall not assign or subcontract Consultant's rights or obligations
under this contract without prior written consent of City. Except as stated in this section, nothing in this contract
shall be construed to give any rights or benefits to anyone other than City and Consultant.
18. Modification:
No modification of this contract shall be valid unless in writing and signed by the parties.
CONSULTANT
By:
CITY OF ASHLAND
By:
Signature
Gino Grimaldi
City Administrator
Printed Name
Its:
FedlD#
REVIEWED AS TO FORM:
By:
Legal Department
REVIEWED AS TO CONTENT:
By:
Department Head
Coding:
Date:
Date:
(For City use only)
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CITY OF ASHLAND, OREGON
City of Ashland
LIVING
ALL employers described
below must comply with City
of Ashland laws regulating
payment of a living wage.
~_.
..."1
,. For all hours worked under a
service contract between their
employer and the City of
Ashland if the contract
exceeds $16,379 or more.
,. For all hours worked in a
month if the employee spends
50% or more of the
employee's time in that month
working on a project or
~per hour effective JUlrle 30, 2005
(Increases annually every JlIlne 30 by the
Consumer Price Index)
ten or more employees, and
has received financial
assistance for the project or
business from the City of
Ashland in excess of $16,379.
y If their employer is the City of
Ashland including the Parks
and Recreation Department.
,. In calculating the living wage,
employers may add the value
of health care, retirement,
401 K and IRS eligible
,
,.
,. Note: "Employee" does not
include temporary or part-time
employees hired for less than
1040 hours in any twelve-
month period. For more
details on applicability of this
policy, please see Ashland
Municipal Code Section
3.12.02
For additional information:
Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20
East Main Street, Ashland OR 97520 or visit the city's website at www.ashland.or.us.
Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all
employees.
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ENGINEERING SERVICES CONTRACT
AMENDMENT NO.1
Engineering services contract made on the date specified below in Recital A between
the City and Engineer as follows:
Recitals:
A. The following information applies to this contract:
CITY: CITY OF ASHLAND ENGINEER: HARDEY ENGINEERING &
City Hall ASSOCIATES INC.
20 E. Main St. Address: PO BOX 1625
Ashland, Oregon 97520 MEDFORD OR 97~501
(541) 488-5347 FAX: (541) 488-6006 Telephone: 541/772-6880 Fax: 772-9573
Date of this agreement: Nov 17, 2006 B: RFP Date: January 18, 2006
Proposal Date: February 21,2006
1]2.3 City Contracting Officer: Paula Brown, PE, Director of Public Works
1]2.4 . Project: 2006 Utility Construction Project No. 05-33
1]6.1. Engineer's Representative: Jim Higday PE
1]8.3. Maximum Contract Amount:$54,250.00 (adjusted = $86,750.00)
B. AMENDMENT NO.1
1. Modification to Section 2.4
Increase scope of work beyond the original defined work. Include the design and
construction surveying for the following additional work:
a. "A' Street Reconstruction - Oak Street to First Street Section
b. Blaine Alley Storm Drain Extension - Eighth Street to "C' Street.
2. Modification to Section 8.3
A. Add cost for "A' Street Reconstruction = $28,000.00
B. Add cost for Blaine Alley Storm Drain Extension = $4,500.00
C. Adjusted total contract amount = $86,750
CONSULTANT
CITY
BY
BY
Finance Director
Fed. 10 #
REVEIWED AS TO CONTENT
BY
City Department Head
Date:
Coding:
(for City use only)
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2005\05-33 Hardey Contract Amend 1 11 06.doc
1
A.tr~~,.. ?
ENGINEERING SERVICES CONTRACT
Consultant services contract made on the date specified below in Recital A between the City and Consultant as
follows:
Recitals:
A. The following information applies to this contract:
CITY: CITY OF ASHLAND Consultant: Marquess & Associates, Inc.
City Hall Address: 1120 East Jackson Street
20 E. Main St. POBox 490
Ashland, Oregon 97520 Medford OR 97501
(541) 488-6002 Telephone: 541772-7115
FAX: (541) 488-5311 FAX: 541 779-4079
Date of this agreement: ~ B: RFP date: January 18, 2006
March 10, 2006 Proposal date: February 21, 2006
~2.2. Contracting officer: James H. Olson, Project Manager
~2.4. Project: Street Improvement Project No. 2005-34
~6. Consultant's representative: Rick Swanson P.E.
~8.3. Maximum contract amount: $74,460.00
B. On the date noted above, City issued a request for proposals (RFP) for consulting services needed by City
for the project described above. Consultant submitted a proposal in response to the RFP on the date noted
above.
C. After reviewing Consultant's proposal and proposals submitted by other offerors, City selected Consultant to
provide the services covered by the RFP.
City and Consultant agree as follows:
1. Relationship between City and Consultant:
Consultant accepts the relationship of trust and confidence established between Consultant and City by this
contract. Consultant covenants with the City to perform services and duties in conformance to and consistent
with the standards generally recognized as being employed by professionals of consultant's caliber in the
locality of the project. Consultant further covenants to cooperate with City, City's representatives, contractors,
and other interested parties in furthering the interests of City with respect to the project. In order to promote
successful completion of the project in an expeditious and economical manner, Consultant shall provide
professional consulting services for City in all phases of the project to which this contract applies, serve as City's
professional consulting representative for the project, and give professional consultation and advice during the
term of this contract. Consultant acknowledges that City is relying on consultant to provide professional
consulting services in a manner that is consistent with the interests of City.
2. Definitions:
Generally words, terms and phrases used in this contract shall have the meaning ascribed to them in the
construction industry, unless the context clearly indicates otherwise. As used in this contract:
2.1. "City" means the City of Ashland, Oregon.
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A1\~&J\ 4-
2.2. "Contracting officer" means the person specified in Recital A above or that person's designee.
2.3. "Project" means the project described in Recital A.
2.4. "Work" or "Services" shall mean all labor, materials, plans, specifications, opinions, reports, and
other consulting services and products which Consultant is required to provide under this contract.
3. Term: The term of this contract shall commence on the date specified in Recital A above and end on
completion of all services required by this contract unless sooner terminated as provided in this contract.
4. Authoritv of contractinq Officer: The contracting officer shall have the authority to act on behalf of City in the
administration and interpretation of this contract. The contracting officer shall have complete authority to
authorize services, transmit instructions, receive information, interpret and define City's policies and make other
decisions with respect to Consultant's services.
5. Consultinq Services: Consultant shall provide services to City that are described in the RFP.
5.1. In connection with the services described in the RFP, Consultant shall:
5.1.1. Consult appropriate representatives of City to clarify and define City's
requirements relative to the services.
5.1.2. Review available data relative to the services.
5.1.3. Identify data which is not available and is needed to fulfill the services, and act
as City's representative in obtaining such data.
5.1.4. Prepare monthly progress reports to the contracting Officer on the status of
services.
5.1.5. Cooperate with other consultants retained by City in the exchange of
information needed for completion of the services and the project.
5.2. Consultant shall commence performance of services within five days after receiving written
authorization from the contracting officer for work described in the RFP. Consultant shall perform the services
as expeditiously as is consistent with professional skill and care and the orderly progress of the project. Upon
request of City, Consultant shall submit for City's approval, a schedule for the performance of work elements
described in the RFP. Each schedule shall include allowance for periods of time required for City's review and
approval of Consultant's services. Each schedule, approved by City, shall become a part of this contract.
5.3. Consultant shall perform the services as an independent contractor in accordance with generally
accepted standards in Consultant's profession. Consultant shall be responsible for the professional quality,
technical accuracy and the coordination of all services performed by Consultant. Consultant shall, without
additional compensation, correct or revise any error or deficiencies in the services that are caused by
Consultant's negligence. City's review, approval, acceptance of, or payment for, any of the services shall not be
construed to waive any of City's rights under this contract or of any cause of action arising out of Consultant's
services. In the event of any breach of this contract by Consultant or negligent performance of any of the
services, City's cause of action against Consultant shall not be deemed to accrue until City discovers such
breach or negligence, or should have, with reasonable diligence, discovered such breach or negligence. The
preceding sentence shall not be construed, however, to allow City to prosecute an action against Consultant
beyond the maximum time limitation provided by Oregon law.
6. Assiqnment of Consultant's Personnel:
6.1. The services covered by this contract shall be rendered by, or under the supervision of the person
specified in Recital A above, who shall act as Consultant's representative in all communications and
transactions with City.
6.2. Consultant will endeavor to honor reasonable specific requests of City with regard to assignment of
Consultant's employees to perform services if the requests are consistent with sound business and professional
practices.
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7. Responsibilities of City:
7.1. City will cooperate fully with Consultant to achieve the objectives of this contract.
7.2. City will provide information, documents, materials and services that are within the possession or
control of City and are required by Consultant for performance of the services.
7.3. City will arrange for access to, and make all provisions for Consultant to enter upon, public and
private property as required for Consultant to perform the services.
7.4. City will provide all permits necessary for completion of the project.
7.5. The contracting officer will act as liaison between City, Consultant, public agencies, and others
involved in the project.
8. Payment:
8.1. City shall pay Consultant for services and reimburse Consultant for expenses incurred by
Consultant in performance of services in accordance with a payment schedule to be submitted by Consultant
and accepted by City. No reimbursement will be made for expenses that are not specifically itemized in this
payment schedule without prior approval by the contracting officer.
8.2. Consultant shall submit monthly invoices to City for Consultant's services within ten days after the
end of the month covered by the invoice.
8.3. Total payments under this contract or any amendments shall not exceed the sum specified in
Recital A above.
9. Compliance with Law:
9.1. This contract will be governed by and construed in accordance with laws of the State of Oregon.
Consultant shall promptly observe and comply with all present and future laws, orders, regulations, rules and
ordinances of federal, state, City and city governments with respect to the services including, but not limited to,
provisions of ORS 279C.505, 279C.515, 279C.520 and 279C.530.
9.2. Pursuant to ORS 279C.520(2) any person employed by Consultant who performs work under this
contract shall be paid at least time and a half pay for all overtime in excess of 40 hours in anyone week, except
for persons who are excluded or exempt from overtime pay under ORS 653.010 to 653.261 or under 29 U.S.C.
Sections 201 to 209.
9.3. Consultant is a "subject employer" as defined in ORS 656.005 and shall comply with ORS 656.017.
Prior to commencing any work, Consultant shall certify to City that Consultant has workers' compensation
coverage required by ORS Chapter 656. If Consultant is a carrier insured employer, Consultant shall provide
City with a certificate of insurance. If Consultant is a self-insured employer, Consultant shall provide City with a
certification from the Oregon Department of Insurance and Finance as evidence of Consultant's status.
9.4. If the amount of this contract is $15,964.00 or more, Consultant is required to comply with chapter
3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees
performing work under this contract and to any subcontractor who performs 50% or more of the service work
under this contract. Consultant is also required to post the attached notice predominantly in areas where it will
be seen by all employees.
10. Ownership of Documents:
All documents prepared by Consultant pursuant to this contract shall be the property of City. To the extent
permitted by law, City shall, within the limits of the Oregon Tort Claims Act, defend, indemnify and hold
harmless Consultant, its consultants, agents and employees against all damages, claims, expenses and losses
arising out of any reuse of plans, specifications and other documents prepared by Consultant without prior
written authorization of Consultant.
11. Records:
11.1. Consultant shall develop and maintain complete books of account and other records on the
services which are adequate for evaluating Consultant's performance. Consultant shall maintain records in such
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a manner as to provide a clear distinction between the expenditures and revenues related to the project and the
expenditures and revenues related to Consultant's other business.
11.2. Consultant's books and records shall be made available for inspection by City at reasonable
times, to verify Consultant's compliance with this contract. City shall have the right to request an audit of
Consultant's books and records by a certified public accountant retained by City.
12. Indemnification:
Consultant shall defend, indemnify and save City, its officers, agents, and employees harmless from any and all
claims, actions, costs, judgments, damages or other expenses resulting from injury to any person (including
injury resulting in death), or damage to property (including loss or destruction), of whatsoever nature arising out
of or incident to the negligent performance of this contract by Consultant (including but not limited to, the
negligent acts or omissions of Consultant's employees, agents, and others designated by Consultant to perform
work or services attendant to this contract). Consultant shall not be held responsible for any claims, actions,
costs, judgments, damages or other expenses, directly and proximately caused by the negligence of City.
13. Insurance:
13.1. Consultant shall, at its own expense, at all times during the term of this contract, maintain in force:
13.1.1. A comprehensive general liability policy including coverage for contractual
liability for obligations assumed under this contract, blanket contractual liability, products and
completed operations and owner's and contractor's protective insurance;
13.1.2. A professional errors and omissions liability policy; and
13.1.3. A comprehensive automobile liability policy including owned and non-owned
automobiles.
13.2. The coverage under each liability insurance policy shall be equal to or greater than the limits for
claims made under the Oregon Tort Claims Act with minimum coverage 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.
13.3. Liability coverage shall be provided on an "occurrence" basis. "Claims made" coverage will not be
acceptable, except for the coverage required by subsection 13.1.2.
13.4. Contractor shall submit certificates of insurance acceptable to the City with the signed contract
prior to the commencement of any work under this agreement. Each certificate shall state that coverage
afforded under the policy cannot be cancelled or reduced in coverage cannot be made until at least 30 days
prior written notice has been given to City. A certificate which states merely that the issuing company "will
endeavor to mail" written notice is unacceptable.
14. Default:
14.1. There shall be a default under this contract if either party fails to perform any act or obligation
required by this contract within ten days after the other party gives written notice specifying the nature of the
breach with reasonable particularity. If the breach specified in the notice is of such a nature that it cannot be
completely cured within the ten day period, no default shall occur if the party receiving the notice begins
performance of the act or obligation within the ten day period and thereafter proceeds with reasonable diligence
and in good faith to effect the remedy as soon as practicable.
14.2. Notwithstanding subsection 14.1, either party may declare a default by written notice to the other
party, without allowing an opportunity to cure, if the other party repeatedly breaches the terms of this contract.
14.3. If a default occurs, the party injured by the default may elect to terminate this contract and pursue
any equitable or legal rights and remedies available under Oregon law. All remedies shall be cumulative.
14.4. Any litigation arising out of this contract shall be conducted in Circuit Court of the State of Oregon
for Jackson County.
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15. Termination without Cause:
15.1. In addition to the right to terminate this contract under subsection 14.3, City may terminate by
giving Consultant written notice sixty days prior to the termination date.
15.2. In addition to the right to terminate this contract under subsection 14.3, Consultant may complete
such analyses and records as may be necessary to place its files in order and, where considered necessary to
protect its professional reputation, to complete a report on the services performed to date of termination.
15.3. If City terminates the contract under subsection 15.2, Consultant shall be paid for all fees earned
and costs incurred prior to the termination date. Consultant shall not be entitled to compensation for lost profits.
16. Notices:
Any notice required to be given under this contract or any notice required to be given by law shall be in writing
and may be given by personal delivery or by registered or certified mail, or by any other manner prescribed by
law.
16.1. Notices to City shall be addressed to the contracting officer at the address provided for the City in
Recital A above.
16.2. Notices to Consultant shall be addressed to the Consultant's representative at the address
provided for the Consultant in Recital A above.
17. Assiqnment:
City and Consultant and the respective successors, administrators, assigns and legal representatives of each
are bound by this contract to the other party and to the partners, successors, administrators, assi'gns and legal
representatives of the other party. Consultant shall not assign or subcontract Consultant's rights or obligations
under this contract without prior written consent of City. Except as stated in this section, nothing in this contract
shall be construed to give any rights or benefits to anyone other than City and Consultant.
18. Modification:
No modification of this contract shall be valid unless in writing and signed by the parties.
CONSULTANT
By:
CITY OF ASHLAND
By:
Signature
Gino Grimaldi
City Administrator
Printed Name
Its:
FedlD#
REVIEWED AS TO FORM:
By:
Legal Department
REVIEWED AS TO CONTENT:
By:
Department Head
Coding:
Date:
Date:
(For City use only)
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Page 5 of 6
CITY OF ASHLAND, OREGON
City of Ashland
LIVING
ALL employers described
below must comply with City
of Ashland laws regulating
payment of a living wage.
~....+~
,....-.
.,..
Employees must be paid a
living wage:
,.. For all hours worked under a
service contract between their
employer and the City of
Ashland if the contract
exceeds $16,379 or more.
,.. For all hours worked in a
month if the employee spends
50% or more of the
employee's time in that month
working on a project or
~per hour effective June 30, 2005
(Increases annually every JUlne 30 by the
Consumer Price Index)
ten or more employees, and
has received financial
assistance for the project or
business from the City of
Ashland in excess of $16,379.
);- If their employer is the City of
Ashland including the Parks
and Recreation Department.
,.. In calculating the living wage,
employers may add the value
of health care, retirement,
401 K and IRS eligible
);-
);- Note: "Employee" does not
include temporary or part-time
employees hired for less than
1040 hours in any twelve-
month period. For more
details on applicability of this
policy, please see Ashland
Municipal Code Section
3.12.02
For additional information:
Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20
East Main Street, Ashland OR 97520 or visit the city's website at www.ashland.or.us.
Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all
employees.
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ENGINEERING SERVICES CONTRACT
AMENDMENT NO.1
Engineering services contract made on the date specified below in Recital A between
the City and Engineer as follows:
Recitals:
A. The following information applies to this contract:
CITY: CITY OF ASHLAND ENGINEER Marquess & Associates, Inc.
City Hall Address: 1120 East Jackson Street
20 E. Main St. PO Box 490
Ashland, Oregon 97520 Medford OR 97501
(541) 488-6002 FAX: (541) 488-5311 Telephone: 541/772-7115 Fax: 779-4079
Date of this agreement: .j~aroh H1, 2006 B: RFP Date: January 18,2006
NO'llliti~ q Proposal Date: February 21, 2006
~2.3 City Contracting Officer: James H. Olson, Project Manager
~2.4. Project: Street Improvement Project No. 2005-34
~6.1. Engineer's Representative: Rick Swanson P.E.
~8.3. Maximum Contract Amount:$74,460.00 (adjusted = $108,293.00)
B. AMENDMENT NO.1
1. Modification to Section 2.4
a. Delete the following project segments from the stated scope of services
. 'A' Street reconstruction (Oak Street to First Street Section)
. Plaza Avenue construction (Verda Street to Nezla Street)
b. Add the following project segments to the scope of services
. 'B' Street reconstruction (Oak Street to Fifth Street section)
. Granite Street reconstruction (Nutley to S. Pioneer Street section)
. Parking lot reconstruction at Ashland Municipal Airport
2. Modification to Section 8.3
a. Subtract cost of the 'A' Street reconstruction project =
b. Subtract cost of the Plaza Avenue construction project =
c. Add cost of the 'B' Street reconstruction project =
d. Add cost of the Granite Street reconstruction project =
e. Add cost of the parking lot reconstruction project =
- $30,520.00
- $18,697.00
+ $49,200.00
+ $25,000.00
+ $ 8,850.00
+ $33,833.00
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2005\05-:14 Marquess Contract Amend 12 5 06.doc
1
.AnAC~~T" '?
Original Contract Total = $74,460.00
Adjusted Contract Total = $108,293.00
CONSULTANT
CITY
BY
BY
Finance Director
Fed. ID #
REVIEWED AS TO CONTENT
BY
City Department Head
Date:
Coding:
(for City use only)
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2005\05-:~4 Marquess Contract Amend 12 5 06.doc
2
CITY OF
ASHLi\ND
Council Communication
Termination of a Sanitary Sewer Easement in McCall Drive Condominium /
Meeting Date: January 2, 2007 Primary Staff Contact: Paula Brown, 4138-558T10~
Department: Public Works / Engineering E-mail: brownp@ashland.or.us \
Contributing Department~: ~~unity Development Secondary Staff Contact: Jim Olson, 488-5347
Approval: Martha Bennett 9 E-mail: olsonj@ashland.or.us
Estimated Time: Consent Agenda
Statement:
Approval of the attached quitclaim deed to terminate a 10 foot wide sanitary sewer easement located
within the McCall Drive Condominium (Map 39 1 E 11 CC - 100)
Staff Recommendation:
Staff recommends approval of the quitclaim deed to terminate the sanitary sewer easement, thereby
correcting an error made in 1973 when the easement was acquired. This easement, in its present
position, serves no purpose and must be resolved prior to final approval of the condominium plat.
Background:
In 1973, a sanitary sewer easement was acquired across the property located to the west of the
property previously owned by the YMCA. This property has now been developed as the McCall Drive
Condominium (owned as Barclay Square Condominium, LLC). The intent in 1973 was to position the
10 foot wide easement along the north boundary of the lot. An error was made in the distance from
the south line of Section 11 to the beginning point of the description. The distance liste~d on the
easement was 620.50 feet, it should have been 652.13. The effect of the short distance placed the
center of the easement 36.6 feet south of the north property line. As currently describe~d, the
easement passes through Building 7 and 8 of the proposed McCall Drive Condominium as shown on
the attached plat. A new easement has been acquired in the proper location along the north property
line where the sewer was originally constructed. With approval of the attached quitclaim deed, the
1973 error will be remedied and the encumbrance posed by the erroneous easement will be removed.
The McCall Drive Condominium plat is not yet approved and its approval is pending on the removal of
this easement.
Related City Policies:
The Legal Department has determined that the most efficient method of terminating public easements
is to release the City's (public's) interest in the easement to the underlying property owner through the
use of a quitclaim deed. The Council is empowered to approve and authorize the signature of all land
transaction documents including this type of deed.
Council Options:
1. Council may move to approve the quitclaim deed terminating the 10 foot wide sanitary sewer
easement through Building 7 and 8 of the McCall Drive Condominium, which was originally acquired
In error or;
2. Council may move to deny the request to terminate the easement. In doing so, thE~ McCall Drive
Condominium will have an erroneous and unnecessary easement described on the lots.
G:\pub-wrks\eng\dept-admin\ENGINEER\EASEMENT\39 I Ell CC 100 C(' rc sewer easement termination 12 06.doc
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Potential Motions:
Council moves to approve (or deny) the request to terminate the easement and approve the quitclaim
deed terminating the 10 foot wide sanitary sewer easement in the McCall Drive Condominium.
Attachments:
Photos of the site and easements
Quitclaim deed
Detail map
Vicinity map
G:\pub-wrks\eng\dept-admin\ENGlNEER\EASEMENT\39 IE 11 CC 100 CC re sewer easement termination 12 06.doe ~~ ,
View of easement superimposed on Building NO.8
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View of easement superimposed of Building NO.7
G:lpub-wrkslengldept-adminIENGINEERIEASEMENTI39 1 E 11 CC 100 CC re sewer easement termination 12 06.doe
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View East showing location of sanitary sewer lines
View East showing new easement
G:\pub-wrkslengldept-admin\ENGINEERIEASEMENT\39 1 E I I CC 100 CC re sewer casement termination 12 06.doc
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After recording return to:
Barclay Square Condominium
P.O. Box 699
Ashland, OR 97520
Until a change is requested, all tax statements shall be sent
to the following address:
Same
STATUTORY QUITCLAIM DEED
CITY OF ASIll.AND, Grantors, conveys to BARCLAY SQUARE CONDOMINIUM, LLC, an Oregon limited
liability corporation, Grantees, the following described real property:
A strip ofland 10 feet in width and 209 feet in length described as follows: Beginning at the Southeast comer of the
East half of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 11, 1'39S, RlE
W.M. in Jackson County, Oregon; thence North 620.50 feet to the true point of beginning; thence, West 209.00 feet;
thence, North 10 feet; thence, East 209.00 feet; thence, South 10 feet to the true point of beginning.
The purpose of this document is to release and extinguish an easement for installing and maintaining a sanitary sewer
line created in Document No. 73~05083 of the Official Records of Jackson County, Oregon.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, TIffi PERSON TRANSFERRING FEE TITLE SHOULD
INQUIRE ABOUT TIffi PERSON'S RIGHTS, IF ANY UNDER ORS 197.352. THIS INSTRUMENT WILL NOT ALLOW
USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS
AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, TIffi PERSON ACQUIRING FEE
TITLE TO TIffi PROPERTY SHOULD CHECK WITH TIffi APPROPRIATE CITY OR COUNTY PLANNING
DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST
FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF
NEIGHBORING PROPERTY OWNERS, IF ANY; UNDER ORS 197.352.
Dated this _ day of
CITY OF ASHLAND
BY:
STATE OF Oregon
County of Jackson:
TIris instrument was acknowledged before me on
behalf of the City of Ashland.
by
on
Notary Public for
My commission expires:
CITY OF
ASHLi\ND
Council Communication
Acceptance of a Dedication of a Public Alley . /
Meeting Date: January 2, 2007 Primary Staff Contact: Paula Brown, 488-558ir
Department: Public Works / Engineering E-mail: brownp@ashland.or.us
Contributing Departme~ts: W Secondary Staff Contact: Jim Olson, 488-5347
Approval: Martha Benne E-mail: olsonj@ashland.or.us
~. Estimated Time: Consent Agenda
Statement:
Approval of the attached two deeds would establish an acceptance by the City of the dedication of a
portion of a public alley off Plum Ridge Drive.
Staff Recommendation:
Staff recommends approval of the two deeds to create a full 16 foot wide public alley in lieu of the
existing condition in which the alley is half public and half private.
Background:
The Great Oaks Subdivision at Mountain Meadows was platted in 1998 creating an extension of
Mountain Meadows Drive, Great Oaks Drive and Plum Ridge Drive. A single private alley was created
west of and perpendicular to Plum Ridge Drive. This private alley was 12 feet wide and extended as
an easement across Lots 9 and 11 (see attached map).
Two years later the Plum Ridge Subdivision was created to the north of the Great Oaks Subdivision.
The Plum Ridge Subdivision created a northerly extension of Plum Ridge Drive and N;andina Street. A
16 foot wide public alley was also created south of Nandina Street parallel to Plum Ridge Drive and
connected to the original private alley at Lot 11. This new 16 foot wide public alley was also
connected to Plum Ridge Drive by an 8 foot wide public alley adjacent to the 12 foot wide private
alley. This new 20 foot section is partially private and partially public. The paved section is 12 feet
wide, half on public, half on private alley sections. Functionally, the alley meets the City's pavement
standards. However, since the alley is a connection of the new public alley and connects to public
streets, the half public / half private alley creates a confusing maintenance issue and could be a
liability issue in the future.
Staff is concerned that the alley should not continue to exist in its present condition with half public
and half private ownerships. There are no other situations in which this exists. It is presumed that
this was created for convenience at the time the initial subdivision was created, but not corrected with
the Plum Ridge Subdivision. This alley connects to public alleys and serves as a loop. Staff is
recommending that this alley be public to connect the existing public ways adjacent to the alley.
The owners of Lots 9 and 11 of Great Oaks Subdivision (39 1 E 04D8 tax lot 108 and 39 1 E 04D8 tax
lot 110) have requested that their private alley portions be converted to public use of the whole alley,
and as such they have signed the attached deeds of dedication to provide the southerly half of their 8-
foot sections of the proposed 16 foot wide public alley.
G:\pub-wrks\eng\dept-admin\SUBDlVIS\Grcat Oaks deeds of dedication Council Communicaton 12 D6.doc
~~.
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Related City Policies:
ORS Section 93-810 requires that any instrument conveying title or interest to a county or city shall
carry an indication of approval of the conveyance by the county or city. This provision eliminates the
possibility of persons granting property and rights of way to the city without the city's knowledge.
Council Options:
Council may move to accept the attached two deeds and authorize the mayor to sign the statement of
acceptance; or
Council may decline to accept the deeds creating a public alley. This would require the two property
owners to enter into an agreement with the City to correctly identify and maintain their respective
sections of the private alley.
Potential Motions:
Council moves to accept (or decline) the two deeds of dedication creating a public alley.
Attachments:
Deeds (Kevan to City and Sklensky to City)
Vicinity Map
Detail Map
G:\pub-wrks\eng\dept-admin\SUBDIVIS\Great Oaks deeds of dedication Council Communicaton 12 06.doc
~l.
...11
G:lpub-wrkslengldept-adminISUBDIVISIGreat Oaks deeds of dedication Council Communicaton 12 06.doc
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G:\pub-wrks\eng\dcpt-admin\SUBDIVIS\Great Oaks dceds of dedication Council Communicaton 12 06.doc
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G:\pub-wrks\eng\dept-admin\SUBDlVIS\Great Oaks deeds of dedication Council Communicaton 12 06.doc
~~.
r~_~
After recording return to:
City of AsWand, Oregon
20 East Main Street
AsWand OR 97520
Send tax statements to:
City of Ashland, Oregon
20 East Main Street
Ashland OR 97520
DEED OF DEDICATION FOR STREET AND ALLEY PURPOSES
KNOW ALL MEN BY THESE PRESENTS, that Alden F. Sklensky and Anne L. Sklensky
(hereinafter called "Grantors"), being the owners of the herein described property, do, pursuant
to ORS 92.17 5( 1 )( c), hereby dedicate, grant, bargain, sale and covey to the City of Ashland, a
municipal corporation of the State of Oregon, its successors in interest and assigns (hereinafter
called "Grantee"), and Grantee hereby accepts from C'.rrantors, all of Grantors' interest in the
following real property located in the City of Ashland, Jackson County, Oregon, such property to
be used by Grantee for public access for public street and alley purposes, bounded and described
as follows:
A strip ofland 8.00 feet in width located within Lot 11 of the Great Oaks
Subdivision at Mountain Meadows. A planned community to the City of Ashland,
Jackson County, Oregon and being more particularly described as follows:
Commencing at the Northeast comer of Lot 1 I of said subdivision; thence South
89053" 11' West along the North boundary line of said lot, 36.94 feet to the
Southerly projection of the West boundary line of a public alley dedicated to the
City of Ashland by Partition Plat Number P-07-2000 of the Records of Partition
Plats in Jackson County, Oregon, thence leaving said North boundary line, South
8.00 feet; thence North 890 51\" 11' East, 36.94 feet; thence North 8.00 feet to the
point of beginning.
TO HAVE AND TO HOLD, the abovc described and h'Tanted premises unto the said Grantec, its
successors in interest and assigns forever.
The true consideration for this conveyance is $ 1.00, the receipt of which is hereby acknowledged
by Grantors.
IN WITNESS WHEREOF, the Grantors have executed this instrument this "" day of
J2Et!:Eh1;:9G.e ,2006.
GRANTORS:
J j) /~;J~ "
(// ~_ 7. 47<k:u. . /'/=UL
Alden F. Sklensky, T tee of the
Sklensky Revocable Trust
,)/ /t."
/Y/!4(j. ;;:'}. M//F/.../'///.
Anne L. Sklensky, Trustee oftfle
Sklensky Revocable Trust
;'7/. ./o~
STATE OF OREGON )
County of Jackson ) ss.
This instrument was acknowledged before me on this "I day of pGeE;n.c9E~ 2()(J6 by
Ald"n F <lI1d Annt;; L. SkleIlSky, Trustees (lftht: Sklensk) Kc"ocablc Trllst.
>~'S =-=~S;~C Bef<)rc me:
OFFICIAL SEAL
J, SHARON SLACK J i J ) /} /
NOTARY PUBLIC-OREGON ~~~AJk.LQ..-~
COMMISSION NO. 385227
MY COMMISSION EXPIRES NOV. 01. 2008 I N. ary Puhlic for Oregon ,.,)
'-'" -~::: .e.s... r-.ly commlSSlOn explfes: /1 - / - c7i' ,C)O C5
ACCEPTED BY:
City of Ashland, a municipal corporation of the State of Oregon
Date
State of OREGONi
County of Jackson i
This instrument was acknowledged before me on
___.20_by____._
By: John Morrison, Mayor
U:\pub-wrks'\eng\dept-admin',Sl1BDIVlS',Gn:at Oaks Sklcnsky deeds <lfdcdicali,lllllI1h,d\lC
Notary Public for Oregon Commission expi; es _
After recording return to:
City of AsWand, Oregon
20 East Main Street
AsWand OR 97520
Send tax statements to:
City of Ashland, Oregon
20 East Main Street
Ashland OR 97520
DEED OF DEDlCA nON FOR STREET AND ALLEY PURPOSES
KNOW ALL MEN BY THESE PRESENTS, that Robert Kevan, Trustee of the Kevan Living
Trust (hereinafter called "Grantor"), being the owner of the herein described property, do,
pursuant to ORS 92.175(1)(c), hereby dedicate, grant, bargain, sale and covey to the City of
AsWand, a municipal corporation of the State of Oregon, its successors in interest and assigns
(hereinafter called "Grantee"), and Grantee hereby accepts from Grantor, all of Grantor's interest
in the following real property located in the City of Ashland, Jackson County, Oregon, such
property to be used by Grantee for public access for public street and alley purposes, bounded
and described as follows:
The North 8.00 feet of Lot 9 of the Great Oaks Subdivision at Mountain
Meadows, A planned community to the City of Ashland, Jackson County Oregon,
as now of record.
TO HAVE AND TO HOLD, the above described and granted premises unto the said Grantee, its
successors in interest and assigns forever.
The true consideration for this conveyance is $ 1.00, the receipt of which is hereby acknowledged
by Grantors.
IN WITNESS WHEREOF, the Grantors have executed this instrument this ~L day of
DE/!~.4E<, 2006.
GRANTOR:
STATE OF OREGON )
) ss.
County of Jackson )
This instrument was acknowledged before me on this t...
Robert Kevan.
day of OFt!G>>f~c.t{. 2006 by
Before me:
:: 'i"S ~~0;~~.~~
OFFICIAL SEAL
J. SHARON SLACK
NOTARY PUBLIC-OREGON
COMMISSiON NO. 385227
MY COMMISSION EXPIRES Nay. 01, 2008 ~
..-::.-~~;, '~''S'~'''_ '"
~~
II-/-c??~ f?
ACCEPTED BY:
City of Ashland, a municipal corporation of the State of Oregon
By: John Morrison, Mayor
Date
State of OREGONI
County of Jackson)
This insfrument was acknowledged before me on
,20__by_____
Notary Public for Oregon Commission expires__
G. '.puh-wrb\eng\dept-admin'\SUBDIVIS "Great Oaks Kevan deeds of dcdicatiutl 1] 1)(1 doc
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CITY OF
ASHLAND
Council Communication
Termination of an Easement at 485 'A' Street
Meeting Date: January 2, 2007 Primary Staff Contact: Paula Brown, 488-5587' (~
Department: Public Works / Engineering E-mail: brownp@ashland.or.us \
Contributing Departments: Comm ity Development Secondary Staff Contact: Jim Olson, 488-5347
Approval: Martha BennettA\A E-mail: olsonj@ashlandl.or.
./ 1'\ Estimated Time: Consent Agenda
Statement:
Approval of the attached quitclaim deed to terminate the westerly 100 feet of an eight foot wide
bikepath easement over Lot 1 of the Railroad Village Subdivision (485 "A' Street)
Staff Recommendation:
Staff recommends approval of the quitclaim deed to terminate this section of bikepath easement.
Consistent with the Planning Department recommendations, staff further recommends that the
recording of the quitclaim deed be delayed until final planning approvals are reached regarding
the parking lot configuration.
Staff is actively seeking a more viable route for the bikepath from Sixth Street to Oak Street over
the southerly 12 feet of the Union Pacific Railroad right of way. The easement to be vacated has
little practical value in the preferred alignment. The remaining 41.59 feet of the eaSl9ment on this
property may prove to be useful as a connection to the railroad easement to be acquired or for
pedestrian and bicycle access to the parking area being constructed by the property owner,
Steve Hoxmeier.
Background:
The Railroad Village Subdivision, a commercial subdivision located on the north side of "A' Street
between Fourth and Sixth Streets, was created in March of 1993. The subdivision created an
alley north of and parallel to lA' Street along with interconnecting public ways at Fourth, Fifth and
Sixth Streets. The City's Railroad Park was created at the same time and included an extension
of the Central Ashland Bikepath from Eighth Street through the entire length of the park to Sixth
Street. It was intended that bike and pedestrian traffic could travel along the public alley prior to
entering "A' Street near Fourth Street. Additional 8 foot wide bikepath easements were created to
extend the bikepath a short distance beyond Fourth Street. Easements were granted along the
north and west boundaries of Lot 1 of the Railroad Village Subdivision to provide another
connection to lA' Street and to extend the path approximately 142 feet closer to Oak Street.
The City's goal is to extend the Central Ashland path along the Railroad right of way to Oak
Street. Staff had made initial contact with Union Pacific Railroad to open negotiations for the
purchase of an easement along the southerly portion of their right of way for construction of an
extension of the Central Ashland Bikepath. Union Pacific's initial response was favorable except
their offer was for a short term (30 year) easement rather than a permanent one.
G:\pub-wrks\eng\dept-admin\ENGINEER\EASEMENT\485 A St CC Termination of Easement 12 06.doc
~.l'
The existing bikepath easement over Lot 1 is only marginally useful for the followin~1 reasons:
1. The easement is only 8 feet in width. Recommended minimum easement widths are now
stated at 12 feet in width to accommodate a standard 10 foot wide multi-use/bilkepath.
Federal requirements are 14 feet.
2. The probability of extending the easement south of the railroad right of way toward Oak
Street is extremely low. Existing commercial developments including the Grange Coop, A
Street Offices and Ashland Hardware have all fully utilized and built over the space which
might have accommodated a continuation of the bike path in the same alignment as the
existing easement over Lot 1.
3. There are no logical or safe points of connection for a bike path onto 'A' Street other than at
Fourth Street or other existing intersection.
Because of the limited usefulness of the existing easement, the north-south section along the
west boundary of Lot 1 was terminated by Council action on June 23, 1993. The current owner of
the property, Steve Hoxmeier, has requested that the westerly 100 feet of the remaining 8 foot
wide easement along the northerly boundary of his lot be similarly terminated to accommodate
an expanded parking lot.
This request has been reviewed by Community Development who has recommended approval
with a stipulation that the recording of the quitclaim deed be delayed until final planning
approvals are reached regarding the parking lot configuration.
Related City Policies:
The Legal Department has determined that the most efficient method of terminatin~l public
easements is to release the City's (public's) interest in the easement to the underlyilng property
owner through the use of a quitclaim deed. The Council is empowered to approve and authorize
the signature of all land transaction documents including the type of deed.
Council Options:
Council may move to approve the quitclaim deed terminating the westerly 100 feet of the 8 foot
wide bikepath easement along the northerly boundary of Lot 1, of the Railroad Village
Subdivision or:
Council may move to deny the request to terminate the easement. In denying the request, the
current property owner may be limited in the use of the parking lot and additional development on
that lot.
Potential Motions:
Council may move to approve or deny the request to terminate the easement.
Attachments:
Photographs
Quitclaim deed
Detail map
Vicinity map
Hoxmeier letter
G:\pub-wrks\eng\dept-admin\ENGINEER\EASEMENT\485 A St CC Termination of Easement 12 06.doc
r~'
Existing bikepath easement located north of this building at 485 A Street
Existing bikepath connection at Sixth Street
G:\pub-wrks\eng\dept-admin\ENGINEER\EASEMENT\485 A St CC Termination of Easement 1206 doc
r~'
Proposed location of future bike path from Sixth to Oak Street, south of railroad tracks
Example of obstacles to bike path development along A Street commercial properties
G:\pub-wrks\eng\dept-admin\ENGINEER\EASEMENT\485 ^ St (C Termination of Easement 12 06.doc
rA'
Grantor:
Grantee:
Return Document to:
City of Ashland
Steve Hoxmeier and Kathy Hoxmeier
City Recorder
20 East Main Street, Ashland, OR 97520
$0
Not Applicable
True and Actual Consideration:
Send Tax Statements to:
QUITCLAIM DEED
City of Ashland, Oregon, Grantor, releases and quitclaims to Steve Hoxmeier and Kathy
Hoxmeier, Grantees, all right, title and interest in and to a portion of a bikepath easement
located on the following described real property:
Lot one (1) of Railroad Village Subdivision, a Commercial Subdivision to the
City of Ashland, Jackson County, Oregon, according to the official plat thereof,
recorded in Volume 18, Page 12, Plat Records of Jackson County, Oregon.
(Tax Lot 39 1 E 09AB - 6500)
The easement to be terminated is more particularly described as follows:
The westerly 100 feet of the eight (8) foot wide bikepath easement as shown
along the northerly 8.00 feet of Lot 1, Railroad Village Subdivision, a
commercial subdivision to the City of Ashland, Jackson County Oregon as now
of record.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING
FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS
197.352. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED
IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND
REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED
USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR
FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE
RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 197.352.
The true consideration for this conveyance is $1.00 plus other property or value which may
be a part of the consideration.
Dated this
day of
,2006.
John Morrison, Mayor
Barbara Christensen, City Recorder
State of Oregon
County of Jackson
This instrument was acknowledged before me on , 2006, by John
Morrison as Mayor of the City of Ashland, Oregon, and by Barbara Christensen as Recorder
of the City of Ashland, Oregon.
Notary Public for Oregon
My Commission expires:
G:lpub-wrks\engldepl-admin\ENGINEER\EASEMENT\485 A SI Hoxmeier Quitclaim Deed 12 Oe.doc
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RE("'~\"Cf"'
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1/
October 8, 2006
,I
Dear Bill Molnar,
I am writing to you to express a concern that affects the City of Ashland and the development at
the comer of 4th and A Street. There is a bicycle path eas~ment on the railroad side of the
property which terminates at the chain link fence of the Grange Coop property. I am hoping
that an approximate 100' segment of the bicycle path easement could be amended to allow for
parking at the far end ofthe site along the railroad side of the property. If granted, the parking
lot could be shifted eight feet toward the north property line by the railroad tracks, thus allowing
the final proposed building along A St. to be widened by 8 feet.. Please refer to attached site
plan.
On the current proposed plans the building along A Street is a narrow 18/19 feet wide. An
additional 8 feet would graHt this building a greater width, and therefore a greater stature.
The 4th & A St. location is a prominent comer in the Railroad District and the city would benefit
from a larger and more prominent building on this comer.
By allowing parking on the end of the easement, an additional parking space will be created
for this site which would also benefit the community.
The bicycle path easement does not have to removed, just amended to allow for parking at the
far end of the site. I contacted Paula Brown about the bike path easement reguest and she visited
the site Friday, Sept 29th. I am sending this letter to you, as the head of the Planning
Commission, to keep you informed of this issue.
Sincerely,
Steve H:me~er ///~ / '
'...... / // / \"//
"ye~:"C- /f7'L/ .;<.... ['L-_____..
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CITY lOF
ASHLJ\.ND
Council Communication
An Ordinance Adding a New Chapter 9.06 to the Ashland Municipal Code
Prohibiting Certain Cruelty to Animals
Meeting Date: January 2, 2007 Primary Staff Contact:
Department: Administration E-mail:
Contributing Departments: Le~gl, P ~ Secondary Staff Contact:
Approval: Martha Bennett E-mail:
Estimated Time: 60 minutes
Martha Bennett
bennettm(Q1ash land .or. us
Mike Franell, Ron Goodpaster
franellm(Q1ashland .or.us
good pasr@ashland.or.us
Statement:
The City Council will consider an ordinance that prohibits certain types of cruelty to domesticated
animals, including failing to provide adequate, food, water, space, or shelter from the elements. This
ordinance would also prohibit tethering of dogs for more than one hour and tethering dogs with certain
types of chains, with tethers of less than 10 feet in length, or in a place where the dog could be teased.
The tethering portions of the ordinance would only apply to dogs.
Staff Recommendation:
Staff recommends that Council consider the attached ordinance. Should the Council wish to adopt the
ordinance, staff recommends that the effective date of the ordinance be May 1, 2007 to allow time for
public education.
Background:
Beginning in January of 2006, Ambuja Rosen began speaking to the City Council during public forum
about the need to ban the tethering of animals in Ashland. Since that time, Ms. Rosen has done
research on other jurisdictions that have banned tethering. She has also gathered signatures and has
advocated actively in favor of such a ban since that time. Based on her work, Mayor Morrison and
Councilor Hardesty requested that the ordinance be scheduled at a regular Council meeting. Since
receiving that request, staff from Administration, Legal and Police have reviewed the original draft
ordinance and a presenting a revised draft for Council consideration.
The elements of the ordinance include:
. Making it illegal to intentionally kill, injure, maim, torture, or mutilate any domesticated
animal. This doesn't apply to veterinary practices or animal husbandry.
. Making it illegal to fail to provide adequate food, water, space, or shelter for an animal.
. Making it illegal to tether a dog for more than 1 hour at a time (up to a total of:3 hours per day)
or to tether a dog on a leash of less than 10 feet, to tether with a chain or rope that is too heavy,
to tether with a choke chain, or to tether a dog where it could be teased.
These crimes would become an infraction.
This ordinance has been drafted to make it as easy as possible to enforce. The proposed one-hour limit
was recommended by the Interim Chief of Police as a way to make enforcement of the ordinance as
clear and objective as possible.
~~,
Staff is concerned about enforcement. The City of Ashland does not have an animal control function,
so enforcement will have to be assumed either by the Police DepaIiment or the City's Code
enforcement staff. In both cases, we do not contemplate adding staff so enforcement of this ordinance
will simply reduce the resources available to enforce other codes. If the experience of other
jurisdictions is any indication, then we will likely have several cases in the first year or two, and then
the total number of cases should decline.
Staff recommends this ordinance not go into effect before May 1, 2007 at the earliest. This would
allow us to provide public infornlation to residents to minimize the number of violations.
Related City Policies:
This ordinance wiJl also amend AMC 9.16.020 relating to vicious dogs. It wiJl also amend AMC
9.08.040 B which applies to pot beJlied pigs.
Council Options
This ordinance does not cover aJl of the elements requested by Ms. Rosen and other people who
support her ordinance. For example, the ordinance does not:
. App(v a specific space requirement to cats. Ms. Rosen has requested that this amount of space
be provided for cats as weJl as dogs. Staff recommends that the specific space requirements
apply only to dogs because this portion of the ordinance can only realisticaJly be enforced in
the outdoor portions of people's properties. In other words, law enforcement or code
enforcement won't be able to tell without getting permission or a warrant to enter a house
whether an indoor animal is given the roam of the house or is confined in a specific room or in
a cage inside the house. Since this space requirement is only realistic to apply outside, staff
does not believe that an outdoor space limit is needed for cats. If Council disagrees with staff,
you should add "cats" to the last sentence in proposed 9.06.020.C.3 (on page 2 of the draft
ordinance ).
. App(va limit of less than 150 square feet jar required spacefor dogs. Staff set a limit for dogs
that is tied to the size of a readily available pre-constructed dog run, available at a regional
building supply store. Ms. Rosen believes this is too small and has found other products that
are "modular' and can be expanded. If Council disagrees with staff, you change 97 square feet
to 150 square feet (or some other number) in the last sentence in proposed 9.06.020.C.3 (on
page 2 of the draft ordinance).
. App(v the tethering limits to other animals hesides dogs. Staff discussed whether to apply the
tethering ordinance to cats and to livestock. The infornlation provided by Ms. Rosen indicates
that most of the tethering problems involve dogs. Staff believes it is unnecessary to apply this
portion of the ordinance to cats. AdditionaJly, we do not believe that applying the ordinance to
livestock is needed for two reasons. First, as Ashland urbanizes, keeping livestock will become
less common. Second, while tethering a farm animal for long periods of time may be harnlful,
we know that standard farnl practices may require farm animals to be tied up for longer than 1
hour at a time, and potentially, different time limits would be needed for different types of
animals. If Council disagrees with staff, you need to amend the proposed ordinance section
9.06.020.E, throughout. This section starts at the bottom of page 2.
Potential Motions
Council can move first reading of the attached ordinance as drafted.
Council can amend the attached ordinance and then move first reading.
Council can provide additional direction to staff and request that the ordinance be redrafted and
returned at a later date.
Council can reject the proposed ordinance.
r;.,
ORDINANCE NO.
AN ORDINANCE ADDING A NEW CHAPTER 9.06 TO THE
ASHLAND MUNICIPAL CODE PROHIBITING CERTAIN
CRUEL TV TO ANIMALS
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. A new Chapter 6 shall be added to Title 9 of the Ashland Municipal Code
as follows:
9.06 Cruelty to animals.
9.06.005 Applicability.
The provisions of this chapter shall apply to domesticated mammals.
9.06.010. Definitions.
As used in this chapter, the following words shall mean:
A. Animal means any domesticated mammal, including but not limited to
dogs and cats.
B. Animal shelter means any premises designated by city administrative
authority for the purpose of impounding and caring for animals held under authority of
this chapter.
C. Owner means any person owning, keeping, possessing or harboring any
animal, or any person operating a kennel.
D. When used as a verb, "tether" or "tethering" shall mean fastening an
animal to a stationary object, pulley run line or a stake, or tying his body to prohibit
movement.
E. When used as a noun,"tether" or "tethers" shall mean a chain, leash,
rope, cable, chain, string, leather or nylon strap, or any other material used
to fasten an animal to a stationary object, pulley run line or a stake.
9.06.020. Cruelty to animals unlawful.
Except as otherwise provided in this chapter, it shall be unlawful for any person to:
A. Intentionally kill, injure, maim, torture or mutilate any animal. This section
shall not be construed to prevent standardized veterinary practices such as spaying or
neutering, tail-docking, ear cropping, declawing, or any similar practice, nor shall this
section be construed to prevent accepted livestock husbandry practices.
Ordinance Restricting Cruelty to Animals
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B. Abandon or leave any animal in any place without making provisions for
its proper care; or
C. Have physical custody of any animal and fail to provide such food, water,
opportunity for exercise or other care as is needed for the health or well-bein~) of such
animal, meeting the following minimal standards:
1. Adequate food. Food shall be free from contamination, replaced with
fresh food each day and of sufficient quantity and nutritive value for the kind of animal
to maintain the animal in good health;
2. Adequate water. That potable water is accessible to the animal at all
times, either free-flowing or in a clean receptacle that is designed so as to be tip
resistant or is secured to prevent tipping;
3. Opportunity for exercise. Adequate exercise space shall be provided
for each animal at least 75% of the time. If the animal is kept in an enclosure, the
enclosure shall be constructed of material, and in a manner, to minimize the risk of
injury to the animal, and shall encompass adequate usable space to permit the animal
sufficient exercise so as to keep the animal in good, fit condition. For each dog over six
months of age, adequate space shall be an area at least 97 square feet in size.
D. Have custody of an animal, as owner or otherwise, and fail to provide
such animal with necessary protection from the elements and as set forth below:
1. Shelter from sunlight. When sunlight is likely to cause overheating,
serious bodily injury or death of the animal, sufficient shade shall be provided to allow
the animals kept outdoors to protect themselves from the direct rays of the sun.
2. Shelter from cold weather. Housing facilities shall be provided for all
dogs and cats kept outdoors when the atmospheric temperature falls below 40 degrees
Fahrenheit. Such structure shall be provided with a sufficient quantity of suitable
bedding materials, consisting of hay, straw, cedar shavings or the equivalent, to provide
insulation and protection against cold and dampness and promote retention of body
heat. Such shelter shall be so constructed to keep the animal dry and retain sufficient
body heat to prevent serious bodily injury or death of the animal.
E. Unlawfully tether an animal, including
1. Attach chains or other tethers, restraints or implements directly to a dog
without the proper use of a collar, harness, or other device designed for that purpose
and made from a material that prevents injury to the animal.
2. Tether an animal in any of the following manners:
(a) Tether a dog for more than one continuous hour upon the
Ordinance Restricting Cruelty to Animals
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property at the residence or business of the dog's owner, except that tetherin~l of the
same dog may resume after a hiatus of three continuous hours, for up to a maximum of
three hours total time on tether per day.
(b) Tether a dog upon the property at the residence or business of
the dog's owner on a chain, leash, rope or tether that is less than ten (10) feet in length;
or
(c) Use a tether or any assembly or attachments thereto to tether a
dog that shall weigh more than one-eighth (1/8) of the dog's body weight, or due to
weight, inhibit the free movement of the dog within the area tethered; or
(d) Tether an dog on a choke chain or in such a manner as to
cause injury, strangulation, or entanglement of the dog on fences, trees, or other man
made or natural obstacles; or
(e) Tether a dog in an open area where it can be teased by
persons.
9.06.030. Authorization to Take Animal Into Custody. Any public health officer,
law enforcement officer or lioonsQd \/eteri[).Qrian. or-eny officor or agent of an~f-Guly
incorporatEd hUI"anesoCiety;aniffiol 3heltcr or othor :Jppropri:Jtg facility, may take into
custody any animal, upon either private or public property, which clearly shows
evidence of cruelty to animals, as defined in Ashland Municipal Code Section 9.06.010.
Such officer, agent or veterinarian may inspect, care for or treat such animal or place
such animal in the care of a duly incorporated humane society or licensed veterinarian
for treatment, boarding and other care or, if it appears, as determined by an officer of
such humane society or by such veterinarian, that the animal is terminally diseased or
disabled beyond the ability to survive with any quality of life, the humanely killing
thereof.
9.06.040. Immunity for Euthanization. The owner of an animal killed pursuant to
section 9.06.020 shall not be entitled to recover damages for the killing of such animal
unless the owner proves that such killing was unwarranted.
9.06.050. Responsibility for Costs. Expenses incurred for the care, treatment or
boarding of any animal taken into custody pursuant to Ashland Municipal Code Section
9.06.020, pending prosecution of the owner of such animal for the crime of cruelty to
animals, as defined in AMC 9.06.010, shall be assessed to the owner as a cost of the
case if the owner or custodian is adjudicated guilty of such crime.
9.06.060. Forfeiture of Animal. If a person is adjudicated guilty of the crime of cruelty
to animals, as defined in AMC 9.06.010, and the court is satisfied that an animal owned
or possessed by such person would be in the future subjected to such crime, such
animal shall not be returned to or remain with such person. Such animal may be turned
over to a duly incorporated humane society or licensed veterinarian for sale or other
Ordinance Restricting Cruelty to Animals
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disposition.
9.06.070. Lawful Disposal of Dangerous Animal. Nothing in this Chapter shall be
construed to prevent a law enforcement officer, animal control officer, game control
officer or other official whose responsibility is to insure the safety of the Citizens of
Ashland from humanely killing or disposing of an animal that presents a substantial risk
of harm or the spread of disease to persons in Ashland, nor shall this Chapter be
construed to prevent a licensed veterinarian or other person at the direction of a
licensed veterinarian from humanely killing an animal to relieve the animal from
suffering from a terminal illness, disease or disability preventing the survival with any
quality of life.
9.06.080. Penalties. Any person who violates any provision of this chapter shall be
subject to a fine as set forth in Section 1.08.020 of the Ashland Municipal Code.
SECTION 2. Ashland Municipal Code Section 9.08.040 B. shall be amended to read as
follows:
B. No person shall keep or maintain swine. Notwithstanding the preceding
sentence or the provisions of section 18.20.020, keeping or mailntaining
swine commonly referred to as Miniature Vietnamese, Chinese, or
Oriental pot-bellied pigs (sus scrofa vittatus) is allowed, subject to the
following:
1. Such pigs shall not exceed a maximum height of 18 inches at the
shoulder or weigh more than 95 pounds.
2. No more than one such pig shall be kept at anyone parcel or tract
of land.
3. Such pigs shall
a. Be confined by fence, leash or obedience training to the
property of the person keeping or maintaining them or to the
property of another if such other person has given express
permission;
b. Be confined to a car or truck when off property where
otherwise confined; or
c. Be on leash not longer than six feet in length when off the
property.
4. Such pigs shall have access to an enclosed structure sufficient to
protect them from wind, rain, snow or sun and which has adequate
bedding to protect against cold and dampness. Confinement areas
must be kept clean and free from waste or other contaminants.
5. Notwithstanding any of the above, no such pig shall be allowed in
any park. (Ord. 2721, 1993)
SECTION 3. Ashland Municipal Code Section 9.16.020 shall be amended to read as
follows:
Ordinance Restricting Cruelty to Animals
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9.16.020. Vicious Dogs - Control Required.
Any dog that is vicious or dangerous to the safety of persons must be confined by
enclosure.
SECTION 4. Effective Date. This ordinance shall be effective May 1, 2007.
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
Ordinance Restricting Cruelty to Animals
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CITY Of:
ASHLAr~D
Council Communication
Adoption of Findings for 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.
Meeting Date:
Department:
Approval:
January 2,2006
Planning \l (
M"th, D'~
Primary Staff Contact: Richard Appicello, 552-
2091, appicelr((llashland.oLus
Secondary Staff Contact: Maria Harris, 552-
2042, harrism({llashland.oLus
Time Estimate: 15 minutes
Statement:
At the December 5, 2006 meeting, the Council approved the application for Outline Plan
approval for an 18-unit subdivision and an Exception to the Street Standards to allow curbside
sidewalk in sections of the Otis and Randy Street frontages to preserve trees, wetlands and the
existing residence for the property located at 247 Otis St. Attached are the findings suppOliing
the decision for adoption by the City Council. The item is time sensitive because the time limit
expires on January 11, 2007.
Background:
The attached proposed findings supporting the Council's decision to approve the Planning
Action were written by the applicant's representative with review by the Legal Department.
The item is time sensitive because the time limit expires on January 11, 2007. The original 120-
days ended on June 16,2006. However, the applicant granted a total of 209 days in extensions.
Council Options:
The Council may adopt the findings as presented, modify the findings and adopt the
modification, or choose not to adopt the findings.
Staff Recommendation:
Staff recommends that the Council either adopt the findings as presented, or modify and adopt
the findings.
~...
I'_~
CITY C:)F
ASHLJ\.ND
Potential Motions:
Move to adopt the findings for approval of Planning Action 2006-00078.
Move to modify and adopt findings for approval of Planning Action 2006-00078.
Attachments:
Findings of Fact and Conclusions of Law supporting PA 2006-00078.
J
~~,
BEFORE THE CITY COUNCIL
CITY OF ASHLAND, JACKSON COUNTY, OREG()N
January 2, 2007
In the Matter 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 St.
Also an Exception to the Street Standards is requested to a110w
curbside sidewalk in sections of the Otis and Randy Street
frontages to preserve trees, wetlands and the existing residence,
said project being situated on real property located at 247 Otis
Street, within the City of Ashland, Jackson County, Oregon.
Applicant: Sage Development LLC.
)
)
)
) FINDINGS OF FACT
) CONCLUSIONS OF LAW
) AND ORDER
)
)
)
I. NATURE OF PROCEEDINGS
This matter comes before the City Council for the City of Ashland for a de novo appeal hearing.
The appeal is from an August 22,2006 decision of the City of Ashland Planning Commission
approving inter alia a request for an outline plan approval and exception to street standards on
the subject property located at 247 Otis Street.
A mandatory pre-application conference was held on October 26,2005. The application for
outline plan approval and exception to street standards was filed by the applicant with the
Planning Department on January 13,2006. The application was deemed incomplete on February
6, 2006. Additional materials were submitted by the applicant and the application was deemed
completed on February 16, 2006. The applicant requested City grant "Outline Plan" approval for
an 18-unit single-family residential subdivision under City's "Performance Standards Options."
The relevant criteria are found in City's "Ashland Land Use Ordinance" ("ALUO"), Chapter
18.88.
Notification of the public hearing before the Planning Commission on March 14,2006, was
mailed, pursuant to Chapter 18, Ashland Land Use Ordinance to area property owners and
affected public agencies. Notice of the March 14,2006, appeal hearing was also published in the
Ashland Daily Tidings. On March 14,2006, the Planning Commission conducted a public
hearing and considered the oral and written testimony presented, the staffreport and the record
as a whole. The application was continued thru the public hearing process before the Planning
Commission on June 13,2006, June 27,2006, and July 11,2006. During the public hearings
COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Page -1-
before City's Planning Commission, testimony was received and exhibits were presented. On
] uly 11, 2006, after the close of the public hearing process and the close of the record, the City's
Planning Commission deliberated and approved the application, subject to conditions pertaining
to appropriate development of the Property. On August 22, 2006, the Findings, Conclusions, and
Orders of City's Planning Commission were duly signed by the Chairperson of City's Planning
Commission. The Planning Commission's findings are attached hereto as Exhibit "A" and are
specifically incorporated herein and made a part hereofby this reference. (In the event of conflict
between the Planning Commission findings and Council findings, Council findings control).
On September 8, 2006, Appellants (opponents of the project) filed an appeal to the City Council
under ALUO 18.108.110, thereby appealing the Findings, Conclusions, and Orders of City's
Planning Commission. The Applicant also appealed. (For consistency in this document,
"appellants" will only refer to the opponents, not the applicant.) The stated reason D:)r the
appeal included alleged procedural errors before the Planning Commission, as well as allegations
that because water naturally entered the pool it was an existing and natural feature which
required identification and inclusion in open space.
Notification of the public hearing before the City Council was mailed on September 27,2006,
pursuant to ALUO to area property owners and affected public agencies. Notice of the appeal
hearing was also published in the Ashland Daily Tidings on October 4,2006. On October 17,
2006, the City Council conducted a public hearing in the City Council chambers; during the
public hearing before the Council, testimony and exhibits were offered and received, in addition
to the exhibits and documents reflected in the record before Council. On October 17,2006, after
the opponents had completed their testimony, the hearing was continued to November 7, 2006.
The November 7, 2006, continued hearing also started with the opponents. The Council
completed the public hearing on November 7,2006; however, at the request of opponents, the
Council left the record open for seven days, until November 15, 2006. Materials were submitted
by opponents while the record was open. The record was then closed. Final written argument
was submitted by the applicant on December 20, 2006. Deliberations were held at a public
meeting on December 5, 2006. The Council deliberated and approved the application in file
2006-00078, with conditions. The Council's action denied the appeal and generally upheld the
Findings, Conclusions, and Orders of the Planning Commission, with some modifications as set
forth below. Based upon the evidence in the record, the Council makes the following findings of
fact and conclusions of law:
II. FINDINGS OF FACT
1) The Nature of Proceedings set forth above are true and correct and are incorporated
herein by this reference.
2) The subject of Planning Action # 2006-00078 is real property located within the City of
Ashland ("City"), and described in the County Tax Assessor's maps as 39-lE-04BC, Tax Lot
400 (the "Property"). The street address of the Property is 247 Otis Street. Ashland, Oregon,
COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Page -2-
97520.
3) The zoning of the Property is "R-I-5-P" (single family residential).
4) The applicant in Planning Action # 2006-00078 is Sage Development, LLC
("Applicant).
III. FINDINGS APPLYING APPLICABLE CODE CRITERIA
1) The Council finds and determines that the relevant approval criteria are found in or
referenced in ALUO Chapter 18.88, including but not limited to Outline Plan Approval criteria
and Exception to Street Standards criteria.
2) The Council finds that it has received all infomlation necessary to make a decision based on
the Staff Report, public hearing testimony and the exhibits received.
3) The Council finds and determines that this proposal to develop an 18-unit single- family
residential subdivision meets all applicable criteria for an Outline Plan approval described or
referenced in the ALUO Chapter 18.88, entitled "Performance Standards Options," and that the
proposed use of a curbside sidewalk for sections ofthe Otis and Randy street frontages to preserve
mature trees, wetlands and the existing residence at 247 Otis Street meets all applicable criteria for
an Exception to the Street Standards in Chapter 18.88. This finding is supported by the detailed
findings set forth herein, the detailed findings of the Ashland Planning Commission, specifically
incorporated herein by this reference, as well as by competent substantial evidence in the whole
record.
4) Criterion: [ALUO 18.88.030.A.4.a.] ... That the development meets all appllicable
ordinance requirements of the City of Ashland. The Council finds and determines that
this criterion is a general reference to all the mandatory requirements for outline plan
approval identified herein and other applicable criterion in the Ashland Land Use
Ordinance. The Council finds that the development meets all applicable ordinance
requirements of the City of Ashland. Sheet S-l date stamped May 19, 2006, delineates the
proposed building envelopes, setbacks, solar setbacks and driveway locations. The
setbacks on the perimeter of the subdivision and for the front yards are required to meet
the standard setback requirements of the Single-Family Residential zoning district, and the
proposal meets this requirement. The solar setbacks are addressed as required, but the
final detemlination is made at the building pemlit submittal. Finally, the driveway aprons
are separated by 24 feet as required in the street standards. The proposed subdivision
meets the on-site parking ordinance requirements. In addition to the two off-street parking
spaces that are required for each unit, one on-street space is required for each unit. There
are parking spaces available on the new street as well as the Randy and Otis street
frontages, and the on-street parking requirement is easily satisfied with over 60 on-street
spaces identified in the application submittals. Based on the detailed findings set forth
herein, the detailed findings of the Ashland Planning Commission, specifically incorporated
COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Page -3-
herein by this reference, as well as by competent substantial evidence in the whole record, the
Council finds and determines that this criterion is met.
5) Criterion: [ALUO 18.88.030.AA.b.] ... That adequate key City facilities can be
provided including water, sewer, paved access to and through the development,
electricity, urban storm drainage, police and fire protection and adequate
transportation; and that the development will not cause a City facility to operah~
beyond capacity.
This criterion concerns the adequacy of key facilities relative to the impact of the proposed
development. The requirement is not necessarily that the facilities are currently in place, but that
they can be provided. The Council finds that adequate key City facilities can be provided to
serve the project including water, sewer, paved access to and through the development,
electricity, urban storm drainage, police and fire protection and adequate transportation; and that
the development will not cause a City facility to operate beyond capacity. The record reflects
that adequate facilities are available as the project is located in an area that is already developed
with sewer and other utility improvements. Water, sanitary sewer, storm sewer and electric
services are available from Otis Street and will connect through the site to the existing system in
Randy Street. Paved access is provided by Randy and Otis streets, as well as by the proposed
new street running through the site. It is feasible to construct the internal street improvements.
[R-I64] Primary access to the neighborhood is by way of North Laurel Street which is classified
as an Avenue (major collector). Randy and Otis streets, as well as the new street in the
subdivision, are classified as Neighborhood Streets. A Traffic Impact Study was prepared for the
project and projects that the intersections surrounding the site involving Randy, Otis., Willow,
Drager and North Laurel streets will continue to operate at acceptable levels with build out of the
proposed project. [R-245][R-370]
Also, as regards adequate transportation facilities, the primary pedestrian attractors in the
neighborhood are Helman School, the dog park and the Bear Creek Greenway. Sidewalks are in
place on the south side of Randy Street from the east side of Laurel Street to Helman Street.
Helman School is located at Randy St. and Helman Street, and the dog park and greenway are at
the northern end of Helman Street. The proposed application will install sidewalks on Randy
Street from the western boundary of the subdivision to the intersection of Randy Street and Laurel
Street. In addition, a pedestrian easement is provided on Lot 18 connecting the new street to
Randy Street. This multi-use path will provide a direct route for pedestrians and bicyclists from the
interior of the subdivision to Randy Street. The Council concurs with the Plam1ing Commission
that the most likely route that residents of the proposed subdivision would take to Helman School
and further north to the dog park and greenway would be this direct route through Lot 18 and the
northeastern open space to the new sidewalk on Randy Street. Pedestrians would then cross at the
intersection of Randy Street and Laurel Street to the existing sidewalk on the south side of Randy
that links to Helman School and Helman Street. New public sidewalks will also be installed on the
Otis Street frontage, and on both sides ofthe proposed new street running through the subdivision.
The Council further finds and detern1ines that the major means of vehicular access to this
subdivision is from Randy and Otis streets. Randy and Otis will be fully improved to City
COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Page -4-
standards with the installation of sidewalks, accordingly, ALUO 18.80.020(B )(7) is also satisfied.
Contrary to appellants assertion that all streets must be improved, the Code expressly requires
only major access streets be improved to City standard. Based on the detailed findings set forth
herein, the detailed findings of the Ashland Planning Commission, specifically incorporated herein
by this reference, as well as by competent substantial evidence in the whole record, the Council
finds and determines that this criterion is met, or can be met with the imposition of conditions. The
above is subject to condition of approval # 36 below.
6) Criterion: [ALUO 18.88.030.AA.c.] ... That the existing and natural features of
the land; such as wetlands, floodplain corridors, ponds, large trees, rock
outcroppings, etc., have been identified in the plan of development and significant
features have been included in the open space, common areas, and unbuildable areas.
The Council finds and determines that ALUO 18.88.030.AA.c. requires the identification of
features of the land that are both existing and natural and that entirely human-made features are
not encompassed by this criterion. Nevertheless, the alteration of existing and natural features of
the land, including the addition of human-made features does not disqualify such nalural features
from protection if such features remain significant. More importantly, the Council finds and
determines that ALUO 18.88.030.AA.c. requires the preservation of significant existing and
natural features of the land. Features are "significant" if they are important and meaningful
ecological resources. To the extent opponents argue that human-made features of the land fall
within the protection of this criterion (under the term 'existing') that interpretation of the Code is
expressly rejected. Features must be both existing and natural. The statutory interpretation rule
of ejllstem generis supports this interpretation of features as being those consistent with the list.
The ejllstem generis rule limits the general words "such as" to only those things of the same
general kind or class as those specifically listed. In addition, case law (e.g. conceming variance
standards) often interprets the phrase "features of the land" as including only natural features and
not human-made features. Accordingly, the Council finds and determines that all trees,
geothermal water, geothermal springs and wetlands identified on the applicant's Outline Plan are
existing and natural features. The City Council further finds and determines that the following
existing and natural features are significant: All trees not planned for removal and all wetlands
and geothermal water and geothermal springs not planned for alteration and mitigation in
accordance with State of Oregon permits, as shown on the Outline Plan. Specifically, the
property's water source as encompassed and contained with the wellhead is a significant natural
feature. The alteration of the feature by the addition of the wellhead structure does not disqualify
this existing and natural feature from protection as significant. However, the existing and natural
feature within the pool, (spring openings) are not deemed significant and need not be included in
common area. The Council finds and determines, consistent with the Planning Commission
findings, that the water source, the wellhead and associated spring, and to an extent, the water
itself is the significant feature and shall be preserved in common areas. Accordingly, all the
above-identified significant existing and natural features either are contained in common areas as
shown on proposed plan or shall be contained in common areas, open spaces or unbuildable
areas. The Council finds and determines that "lmbuildable areas" for purposes of Chapter 18.88
are areas within open space common areas and also not within building envelopes for permitted
COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Page -5-
construction in such open space common areas.
As a condition of approval, the applicant shall submit a revised site plan which clear'ly delineates
and shows the significant existing and natural features including but not limited to the wellhead,
and tree no. 13, in open space areas to be dedicated to the homeowners association. This appears
as condition of approval #35 below. Also, as proposed by the applicant and addressed in
condition of approval 33, the Final Plan application for the proposed subdivision will include the
wellhead and a water feature (as further defined in the conditions) served by the associated
spring from the well in a common area for the subdivision. Additionally, a conservation
easement or deed restriction will be used to protect the wellhead and associated spring in
perpetuity. The maintenance of the open spaces and common areas, and the existing and natural
features to be preserved as described above will be addressed in the covenants, codes and
restrictions for the homeowners association. Based on the detailed findings set forth herein, the
detailed findings of the Ashland Planning Commission, specifically incorporated herein by this
reference, as well as by competent substantial evidence in the whole record, and subject to
conditions of approval, the Council finds and determines that this criterion is met.
7) Criterion: [ALUO 18.88.030.AA.d.] ... That the development of the land will
not prevent land from being developed for the uses shown in the Comprehensivt~
Plan.
The Council finds and determines that development of the land will not prevent adjacent
land from being developed for the uses shown in the Comprehensive Plan. The subject
parcel as well as the surrounding properties and neighborhood are located in the R-l..5
Single-Family Residential district. The subject property is an oversized parcel in the
middle of a block that has single-family lots adjacent to the eastern and western property
boundaries. The properties directly adjacent to the east and west of the site as well as the
larger neighborhood in the area are developed as single-family homes. Based on the
detailed findings set forth herein, the detailed findings of the Ashland Planning Conmliission,
specifically incorporated herein by this reference, as well as by competent substantial
evidence in the whole record, the Council finds and determines that this criterion is met.
8) Criterion: [ALUO 18.88.030.AA.e.] ... That there are adequate provisions for
the maintenance of open space and common areas, if required or provided, and that
if developments are done in phases that the early phases have the same or highf'r
ratio of amenities as proposed in the entire project.
The application materials indicate a homeowners association will be established to provide
for maintenance of the open spaces and common areas, and the protection of existing and
natural features to be preserved. [R-165] Wetland areas are subject to State of Oregon and
Army Corps enhancement requirements which include regular maintenance. Until
turnover of common areas to the Association, thc common areas must be maintained by
the owner/developer. Based on the detailed findings set forth herein, the detailed findings
of the Ashland Planning Commission, specifically incorporated herein by this reference, as
COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Page -6-
well as by competent substantial evidence in the whole record, and subject to conditions of
approval, the Council finds and determines that this criterion is met.
9) Criterion: [ALVO 18.88.030.AA.f.] ... That the proposed density meets thf: base
and bonus density standards established under this Chapter.
The Council finds and determines that the density meets the base density standards
established under the Performance Standards Options for the Single-Family Residential (R-l-
5-P) zone. The property's R-l zoning designation and lot area of 4.34 acres permit a base
density of 19.53 units (4.34 acres @ 4.5 units/acre = 19.53 units). The application states the
conservation density bonus will be used, which would increase the number of possible units
to 22 (19.53 units x .15 conservation density bonus - 2.92 units). Eighteen units are
proposed including 17 new homes and one large lot which will contain the existing home and
indoor pool. Based on the detailed findings set forth herein, the detailed findings of the
Ashland Planning Commission, specifically incorporated herein by this reference, as well as
by competent substantial evidence in the whole record, the Council finds and determines that
this criterion is met.
10) Criterion: [ALUO 18.88.030.AA.g.] ... The development complies with the
Street Standards.
Development is proposed to comply with the street standards as provided in 18.88.020K, except
as provided in the exception to Street Standards preserve existing trees and wetlands. [R-165][R-
167]. The findings of compliance with street standards and exceptions as set forth in the record
at R-167 thm R169 are specifically incorporated herein by this reference. Based on the detailed
findings set forth herein, the detailed findings of the Ashland Planning Commission, specifically
incorporated herein by this reference, as well as by competent substantial evidence in the whole
record, the Council finds and determines that this criterion is met. (See also supportive findings set
forth below)
11) Criterion: [ALUO 1.88.050.F.] An exception to the Street Standards is not subject to
the variance requirements of Section 18.100 and may be granted with respect to Street
Standards in 18.88.050 if all of the following circumstances are found to exist:
A. There is demonstrable difficulty in meeting the specific requiremlmts of this
chapter due to a unique or unusual aspect of the site or proposed use of the
site.
B. The variance will result in equal or superior transportation facilities and
connectivity;
C. The variance is the minimum necessary to alleviate the difficulty; and
D. The variance is consistent with the stated Purpose and Intent of the
Performance Standards Option Chapter.
18.88.010 Purpose and Intent. The purpose and intent of this Chapter is to allow an
option for more flexible design than is permissible under the conventional zoning
COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Page -7-
codes. The design should stress energy efficiency, architectural creativity and
innovation, use the natural features of the landscape to their greatest advantage,
provide a quality of life equal to or greater than that provided in developments built
under the standard zoning codes, be aesthetically pleasing, provide for more
efficient land use, and reduce the impact of development on the natural
environment and neighborhood.
The Council finds and determines that the proposal to use a curbside sidewalk for sections of the
Otis and Randy Street frontages to preserve mature trees, wetlands and the historic home meets
the applicable criteria for an Exception to the Street Standards in Chapter 18.88. On the Otis
Street frontage, the proposal is to curve the sidewalk around three trees using a curbside
sidewalk. On the Randy Street frontage, the proposal is to use a curbside sidewalk along the
length of the frontage to preserve the wetlands adjacent to the street, preserve the historic home
at 247 Otis which is immediately adjacent to the street right-of-way, and to further protect the
large stature trees in the northeastern comer of the property. The installation of the required
sidewalk and parkrow improvement includes a seven-foot wide parkrow between the curb and
the sidewalk. If the parkrow were installed on the Otis Street frontage the 43-inch diameter at
breast height (dbh) Monterrey Cypress, 47 -inch dbh Weeping Willow and the 38-inch dbh White
Mulberry (trees 4, 5 and 6 respectively on the Tree Inventory Plan) would need to be removed
because the sidewalk would be located where the trunks of the trees currently are sited. If the
parkrow were installed on the Randy Street frontage, the sidewalk would intrude into the
wetlands in the western portion of the site, would intrude into the wetlands to the west of the
pool house, would require removal of a portion of the historic house, and would intrude into the
driplines of two Sugar Maples 38-inch and 30-inch dbh (trees 22 and 24 respectively on the Tree
Inventory Plan). These existing natural features (wetlands and trees) are "unique or unusual"
aspects of the site which make compliance with the specific requirements of the street standards
di fficult.
In addition, while it is possible to remove the trees and build the sidewalk in the wetIands, the
Commission found and the Council concurs with the finding that preservation of trees and
wetlands is consistent with the purposes of the Performance Standards Option Chapter to reduce
the impact on the natural environment. Accordingly, while the curbside sidewalk is not the
required pedestrian facility under the Ashland Street Standards, the preservation of the natural
features must be balanced with providing safe, convenient and attractive walkways. The
curbside sidewalks in the sections of Otis Street and on the Randy Street frontage will also
provide a safe and direct pedestrian connection to the east of the subdivision which is equal to or
superior to that required by the street standards. The sections of proposed curbside sidewalk
have been minimized and a parkrow has been included in areas not impacted by natural features
and the historic home, which addresses the requirement that the variance be the minimum
necessary to address the difficulty. Finally, the sidewalk design is consistent with the purpose
and intent of the Performance Standards Options Chapter 18.88 in that is allowing an option for a
more flexible design for the pedestrian corridor to use the natural features of the landscape to
their greatest advantage. Based on the detailed findings set forth herein, the detailed findings of
the Ashland Planning Commission, specifically incorporated herein by this reference, as well as by
COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Page -8-
competent substantial evidence in the whole record, the Council finds and detem1ines that this
criterion is met.
IV. OTHER ALLEGATIONS BY APPELLANTS
Alleged Conflict of Interest
Appellants (opponents) raise the issue of an actual conflict of interest on the part of Councilor
Amarotico. The Council finds and determines that Councilor Amarotico had only a potential
conflict of interest and accordingly the hearing hody was impartial. As a preliminary matter at
the commencement of the October 17, 2006 hearing, Councilor Amarotico properly disclosed a
potential conflict of interest, namely that his brother lives on the opposite side of the street from
the property subject to the current application. Although the full City Council could challenge
the Councilor's declaration pursuant to ALUO Section 18.108.100(B), the Council did not
challenge the Councilor's declaration. During the course of the proceeding legal counsel
explained the conflict was a potential conflict because the effect of the decision could be to the
private pecuniary benefit or detriment of the Councilor's relative. In order for this property
ownership to be an actual conflict of interest, the decision would have to be to the private
pecuniary benefit or detriment to the Councilor's brother. It cannot be said that official action
"definitely would" have an effect. It was mentioned that one of the examples used by GSPC of
a potential conflict of interest is ownership of property by a Planning Commissioner adjacent to a
parcel under consideration for a conditional use pem1it. Accordingly, the Councilor's potential
conflict did not require abstention from participation or voting. Councilor Amarotico
participated in the hearing and in the tentative oral decision. However, the Councilor's term
ended before the adoption of this final written decision.
No challenges by participants were made against Council members orally or in writing prior to
or during the October 17, 2006, hearing. On October 17, 2006, after the opponents had
completed their testimony, the hearing was continued to November 7, 2006. The November 7,
2006, continued hearing also started with the opponents. Prior to opponents testimony, an
opponent shouted that Councilor Amarotico had an actual conflict of interest. After restating the
potential conflict, the Councilor then agreed with the following statement of impartiality:
"I have not prejudged this application and I am not prejudiced or biased by my prior
contacts or involvement; I will make this decision based solely on the application of the
relevant criteria and standards to the facts and evidence in the record of this proceeding."
The opponent was directed to address the matter when he was called to speak. He d:id speak
moments later but did not address the conflict allegation. The Council completed the public
hearing on November 7, 2006; however, at the request of opponents, the Council left the record
open for seven days, until November 15, 2006. Materials were submitted by opponents while the
record was open; however, again, there was no factual challenge to Councilor Amarotico. At
deliberations, during preliminary matters an opponent indicated on the speaker request fonn that
COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Page -9-
he wished to address an alleged conflict of interest. He was directed to write the allegations
down on the forn1 and deliver it to the clerk. The Council took a break from the application to
facilitate this writing. The opponent refused to write down any factual challenge, only writing
that he objected to having to write down his challenge. The opponent wanted to orally address
the Council during deliberations. The Council refused, finding the opponent had numerous
opportunities to make a factual challenge and had utterly failed to do so. The Council finds and
determines that every participant is entitled to an impartial decision maker; however allegations
of bias or conflict of interest must be accompanied by factual assertions sufficient to give the
member and the Council the opportunity to address the matter. The Council further finds that
unsupported allegations are irrelevant and prejudicial to the hearing process and to individual
Council members; no participant has the right to disrupt the public hearing, cross examine
Council members, or to participate in deliberations under the guise of a conflict of interest or
bias challenge.
Alleged Procedural Error before the Planning Commission
Appellants (opponents) raise the issue of procedural errors before the Planning Commission.
The Council finds and determines that alleged procedural errors before the Planning Commission
are irrelevant to the Council's de novo consideration of the matter. The Council finds and
determines that most allegations of Planning Commission error are simply disagreements over
language choices in the Planning Commission findings. These language issues have no real
bearing on compliance with code criterion and are not critical to the City's decision; they are
mere surplusage. Cotter v. City of Portland. 46 Or LUBA 612 (2004). Further, no alleged error
has been shown to so control or taint the Council's decision so as to prejudice the rights of the
parties. Pfahl v. Cizv of Depoe BaJ'. 16 Or. LUBA 796 (1988).
Alleged "traffic mitigation" errors
Appellants (opponents) assert that the Planning Commission erred in not imposing:
(1) a condition of approval for all access streets to be upgraded to city standards and
(2) a condition of approval requiring the developer to share the expense of street
improvement costs as traffic mitigation costs.
As noted in findings above under ALUO 18.88.030.A.4.b, the appellants disagree with the level
of street improvement exactions imposed on this 18 lot subdivision and in asking for all streets to
be improved request an interpretation of ALUO 18.80.020(B)(7) which ignores the word "major"
The Council declines to interpret the Code to require that all streets be fully improved to City
standard as inconsistent with the language of the code and with constitutional principles
governing the imposition of exactions.
To address the second allegation of error, Applicant and Appellants negotiated imposition of the
following conditions:
COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Page -10-
(1) Council shall establish, on an expedited and timely basis, its new policy regarding the
appropriate use of LID approval conditions and non-remonstrance agreements or other
options to mitigate subdivision traffic impact.
(2) As part of final plan approval, based on a plan submitted by PO staff and/or applicant, PC
shall require mitigation of traffic impact as an approval condition within guidelines of
council's new traffic mitigation policy.
Appellants (opponents) also submitted an incomplete petition alleging 95% community support
for this consensus position. As regards the alleged popularity of the proposed consensus
conditions, the Council finds and determines that no approval criterion for this outline plan
approval requires popularity of proposed conditions of approval for imposition. Nor is
consensus between the applicant and appellants required for imposition of conditions of
approval. The Council has not delegated quasi-judicial decision making authority to informal
neighbourhood petitioning or negotiated agreements between applicants and appellants. The
Council further finds that proposed conditions of approval requiring the City Council to perform
discretionary legislative acts or policy making are inappropriate in quasi-judicial proceedings.
The Council finds it improper and contrary to public policy for appellants to use quasi-judicial
proceedings to coerce applicants into conditions of approval which have little or no bearing on
the merits of the individual application. Conditions of approval must relate to achieving
compliance with code criterion. The ALUO, Section 18.68.150, requires imposition of a
condition concerning LID nonremonstrance on streets with some traffic impact, (in this case
Laurel Street) and such a condition is imposed in condition 36 below. The Council further finds
that there is no constitutional infirn1ity or conflict between the LID remonstrance provisions of
ALUO and the LID provisions of Chapter 13 of the Ashland Municipal Code. The provisions
when read together are consistent with the requirements set forth by the Court in Larsson v. Ci(v
of Lake Oswego, 26 Or LUBA 515,522, afT'd 127 Or App 647, (1994). The Council further
finds that there is no error in the applicant proposing and the Council agreeing to re-review the
impacts of the proposed development to detern1ine compliance with code criterion again at final
plan approval provided such review and imposition of exactions, if any, is consistent with a
constitutionally required individualized detern1ination of the impact of the development as
related to the exaction. This condition is set forth in condition 37.
Alleged improper discussions and alleged right to rebut proposed conditions
Appellants (opponents) object to testimony in the record indicating appellant agreed to anything
other than the consensus language. Further appellants object to the fact legal counsel for the city
spoke to legal counsel for the applicant that conditions of approval imposing exactions
necessarily must be limited by case law applicable to exactions, specifically Dolan. Appellant
asserts he is entitled to review and rebut any proposed condition. The Council finds and
determines that there is no error in legal counsel for the City discussing the project with legal
counsel for the applicant. Legal counsel is not the quasi-judicial decision maker; accordingly
there is no ex parte contact and any alleged attorney bias is irrelevant. Torgeson v. Ci(v o.fCanhy,
19 Or LUBA 511 (1990). (alleged ci(v attome\' hias irrelevant) The Council finds that there is
COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Page -11-
no impropriety in staff discussions with parties, and further the Council finds and determines that
no indirect ex parte contact - thm staff- has occurred. The Applicanfs final written argument
clearly reiterates:
"Allow me to restate our position that any requirement fairly imposed to the
development of Street Improvements will be accepted" (emphasis added)
Clearly the Applicant has not indicated willingness to accept only the appellanfs proposed
condition. Finally, parties have no right to rebut the legal advice of staff or legal counsel, or to
participate in deliberations such as the development of proposing findings and conditions to
address the evidence in the record. Linebarger v. Ci(v of the Dalles, 24 Or LUBA 91., 93
(1992); Dickas v. City of Beaverton, 92 Or App 168, 172-73, 757 P2d 451 (1988). Thornton v. St.
Helens, 31 Or. LUBA 287 (1996). Arlington Heights Homeowners v. City of Portland, 41 Or
LUBA 560, 565 (2001) (opponents have no right to review or rebut proposed findings prior to
their adoption).
Alleged error in findings indicating agreement.
Appellants (opponents) allege it is error to indicate that applicant agrees to a condition of
approval. The Council finds and determines that there is no error if findings indicate whether the
applicant or others agreed to a condition of approval. Findings essentially require applicable
law, relevant material facts, and an analysis of whether the facts as applied to the law
demonstrate compliance or non-compliance. Findings must also be supported with competent
evidence in the record. Certainly findings of agreement as regards compliance or as regards
conditions of approval do not substitute for the required findings analysis. It may be that such
findings (about who agrees to what) will be found to be surplusage but not in all cases. When
an applicant presents plans or materials to the decision maker and agrees to comply with such
plans to overcome non-compliance and obtain approval, it is relevant to the decision and
appropriate findings will indicate that the applicant agreed and is bound by the plans., whether or
not they are incorporated as conditions of approval. Pcrry v. Yamhill County, 26 Or LUBA 73,
87 (1993), affd 125 Or App 588 (1993),
Alleged improper delegation in condition of approval.
Appellants (opponents) allege it is improper to allow in the condition of approval for the
conservation easement being reviewed and approved by staff and legal counsel as to forn1. The
Council finds and determines that delegations for technical compliance are entirely appropriate.
See Rhvne v. Multnomah Count"" 23 Or LUBA 442, 447 (1992) (local government may
condition permit approval to allow for a future technical review so long as the government first
makes all discretionary determinations of compliance during a stage where statutory notice and
hearing requirements are observed). If the conservation easement is granted to the City, a public
hearing is also required by state law.
COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Page -12-
Alleged error as to matters in the record.
Appellant's (opponent's) submission requests that the record include videos of the Planning
Commission meetings where this application or the general issue of development access streets
and LID policy was discussed, including specifically identified dates. No actual videos or tapes
of such meetings were submitted while the record was open nor where they specifically
incorporated into the record by the governing body. The Council finds and detern1im:s that these
items are not included in the record according to L UBA rules [OAR 661-010-0025(1 )(b) OAR
661-010-0025(1)(c)] Nash l'. Ci(l' of Medford, 48 OR LUBA 647 (2004) (mere references to a
document, without more, are not sufficient to make the document a part of the record). Hillsboro
Neigh. Del'. Comm. V. City of Hillsboro, 15 Or LUBA 628, 629 (1987).
Alleged procedural error in allowing new facts to come in during staff questionilllg.
Appellants (opponents) allege error in allowing staff to introduce new facts. The Council finds
and determines that there was no error if during staff questioning while the record was open,
staff presented facts not already in the record. Opponents and appellants were both invited to the
podium after staff spoke to rebut any new facts and the parties took advantage of this
opportunity. In addition, the record was left open pursuant to ORS 197.763(6)(c) to permit any
participant to submit additional testimony, argument, or evidence.
Alleged procedural error in allowing final written argument.
Appellants (opponents) allege error in allowing final written argument. The Oregon Legislature
provided applicants the right to final written argument after the close of the record in ORS
197.763(6)(e). Appellants claim the right to rebut any argument. As with rebuttal, the party with
the burden of proof goes last. There was no error in permitting the applicant to submit final
written argument consistent with ORS 197.763(60(e).
Alleged procedural error in asking for 120-day extension
Appellants (opponents) assert Applicant was coerced into an extension of the 120-day rule. The
Applicant has not made such a complaint; appellant would have no standing to file a 120-day
mandamus action. The procedure of asking the applicant if they agree to a continuance or to
leave the record open is simply to take advantage of the language ofORS 197.763(6)(d) which
excludes such delays from the 120-day rule "if requested or agreed to by the applicant." The
Council finds and determines that there was no error, and no prejudice to appellants, in asking
the applicant if they consent to leaving the record open.
Applicant's right to include appellants in applicant's presentation
COUNCIL FINDINGS OF FACT, CONCLlTSIONS OF LAW AND ORDER
Page -13-
Finally, the appellants (opponents) argue that procedural error occurred because the Applicant
wasn't allowed to bring the appellants to the table during her presentation. The applicant is not
asserting this error. Appellants claim also that Applicant did participate with them later, and
assert that Applicant was given an unfair advantage. The order of proceedings is not decided by
appellants but by the presiding officer and the Code. There is no procedural error; even ifthere
was an error the record was left open for additional testimony argument and evidence.
Appellants took advantage of the additional opportunity. The Council finds and determines
there was no procedural error and that no party was prejudiced by the order of proceedings.
V. ORDER
In sum, the City Council concludes that the proposal represented in Planning Action 2006-00078
to develop an 18-unit single-family residential subdivision and to install a curbside sidewalk on
the Otis and Randy street frontages to preserve mature trees, wetlands and the home at 247 Otis
Street is in compliance with all applicable approval criterion.
Accordingly, based on the above Findings of Fact and Conclusions of Law, and based upon the
evidence in the whole record, the City Council hereby APPROVES Planning Action #2006-
00078, subject to strict compliance with the conditions of approval, set forth herein. Further, if
anyone or more of the conditions below are found to be invalid, for any reason whatsoever, then
Planning Action #2006-00078 is denied. The following are the conditions and they are attached
to the approval:
1) That all proposals of the applicant are conditions of approval unless otherwise
modified here.
2) That all easement for sewer, water, electric and streets shall be indicated on the
Final Plan application as required by the City of Ashland.
3) That a utility plan for the project shall be submitted with the Final Plan
application. The utility plan shall include the location of connections to all public
facilities in and adj acent to the development, including the locations of water lines
and meter sizes, fire hydrants, sewer mains and services, manholes and clean-
outs, storm drainage pipes and catch basins. The rerouted sanitary sewer and
stom1 drain lines that are being relocated to the new street shall be the same size
or larger than the current lines running through the site as required by the Ashland
Engineering Division. Any required private or public utility easements shall be
delineated on the utility plan.
4) That the Tree Protection and Removal Plan shall be revised to coordinate with the
final utility plan, and shall be submitted with the Final Plan application.
5) That the storm drainage plan including the design of all on-site stom1 water
COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Page -14-
detention systems and off-site storm drain system improvements shall be
submitted with the Final Plan application. The permanent maintenance of on-site
storm water detention systems must be addressed through the obligations of the
homeowners' association and approved by the Public Works Department and
Building Division.
6) That the applicant shall submit an electric distribution plan with the Final Plan
application including load calculations and locations of all primary and secondary
services including transformers, cabinets, meters and all other necessary
equipment. This plan shall be reviewed and approved by the Electric Department
prior to submission of the Final Plan application. Transformers and cabinets shall
be located in areas least visible from streets, while considering the access needs of
the Electric Department.
7) That the required pedestrian-scaled streetlight shall consist of the City of
Ashland's residential streetlight standard, and shall be included in the utility plan
and engineered construction drawings for the street improvements.
8) The preliminary engineering for proposed street improvements shall be provided
at Final Plan application. Street improvements shall be consistent with City of
Ashland Street Local Street Standards. The sidewalk improvements on Randy
Street may be constructed at the curbside to preserve the wetlands, existing home
and trees. Offsite sidewalk improvements on Randy Street connecting the site to
Laurel Street shall be included in the preliminary engineering. The preliminary
engineering shall include multi-use path improvements for the off-street path
adjacent to the wetlands and for the off-street path connecting the new street to
and through the northeastem tree open space.
9) That the Final Plan application shall demonstrate that the driveway curb cuts are
spaced at least 24-feet apart as measured between the outside edges of the apron
wings of the driveway approaches in accordance with the Ashland Street
Standards.
10) That the driveway for lot 14 shall be relocated so that it does not cross the front
yard area oflot 13.
11) That the Final Plan application shall delineate vision clearance areas at the
intersections of streets and alleys throughout the project in accordance with
18.92.070.D. Structures, signs and vegetation in excess of two and one-half feet
in height shall not be placed in the vision clearance areas. Building envelopes
shall be modified accordingly on the Final Plan submittals.
12) Subdivision infrastructure improvements, including but not limited to utilities,
public streets, street trees and irrigation and open space landscaping and irrigation
COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Page -15-
shall be installed or a bond posted for the full cost of construction prior to
signature of the final survey plat. If a bond is posted for common area and open
space improvements, the common area and open space improvements including
but not limited to landscaping, irrigation and pathway improvements shall be
installed in accordance with the approved plan prior to the issuance of the ninth
building permit (halfway through the building permits for single-family homes).
The project landscape architect shall inspect the common area and open space
improvements for conformance with the approved plan, and shall submit a final
report on the inspection and items addressed to the Ashland Planning Division.
The applicant shall schedule a final inspection including the project landscape
architect with the Ashland Planning Division of the common areas and open
spaces prior to issuance of the ninth building pern1it.
13) That the street name shall be reviewed and approved by Ashland Engineering for
compliance with the City's resolution for street naming.
14) That the final wetland delineation and mitigation plan shall be approved by the
necessary state and federal agencies, and the necessary state and federal permits
received prior to the Final Plan application. If the final wetland delineation report
submitted for state and federal review differs significantly from the preliminary
detennination (i.e. larger area or additional wetland areas), the Outline Plan shall be
modified prior to an application fi)r Final Plan approval.
15) That the wetland mitigation plan including a grading and planting plan shall be
submitted with the Final Plan application. That an engineering analysis of the water
flow and potential ponding, and any potential impacts to adjacent propel1ies shall be
submitted with the Final Plan application. The engineering analysis shall address
the potential to meter excess runoff to the storn1 drain to prevent backup of water in
the wetlands.
16) That the Tree Protection and Removal Plan shall be revised in the Final Plan
application to include lot 18.
17) That the recommendations of the Ashland Tree Commission, with final approval
by the Staff Advisor, shall be incorporated into the Tree Protection and Removal
Plan.
18) That a Verification Permit in accordance with 18.61.042.B shall be applied for
and approved by the Ashland Planning Division prior to site work, storage of
materials and/or the issuance of an excavation or building pern1it. The
Verification Permit is for the installation of the tree protection fencing. The tree
protection for the trees to be preserved shall be installed according to the
approved Tree Protection Plan prior to site work or storage of materials. Tree
protection fencing shall be chain link fencing a minimum of six feet tall and
COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Page -16-
installed in accordance with 18.61.200.B.
19) That a size and species specific landscaping plan for the parkrows and open
spaces shall be provided at the time of the Final Plan application.
20) That street trees, located one per 30 feet of street frontage, shall be installed in the
parkrow along street frontages as part of the subdivision infrastructure
improvements. Street trees shall be chosen from the Recommended Street Tree
List and shall be installed in accordance with the specifications noted in the
Recommended Street Tree List. The street trees shall be irrigated.
21) That the landscape plan at Final Plan application shall attempt to mitigate the loss of
a parkrow in the areas of curbside sidewalk (i.e. adjacent to wetlands on new street,
and on the Randy Street frontage) by providing street trees behind the sidewalk that
will be provide a canopy over the sidewalk and street to improve the pedestrian
environment, provide shade and traffic calming benefits.
22) Fence heights within side and rear yard areas adjoining the off-street pedestrian
paths from and open spaces shall not exceed four feet. Stipulations with regards
to fencing shall be described in the project CC&R's.
23) That a draft copy of the CC&R's for the homeowners association shall be
provided at the time of Final Plan application. Lot 18 shall be included in the
homeowners association and subject to all subdivision requirements including the
Tree Protection Plan and Wetlands Mitigation Plan. (Lot 18 is expressly found
not to be an existing legal lot and is therefore part of the subdivision). CC&R's
shall describe responsibility for the maintenance of all common area and open
space improvements, parkrows and street trees. CC&R's shall describe a system
for governance of the use of the wellhead and associated spring by the subdivision
residents. CC &R' s shall note that any deviation from the Tree Protection Plan
and Wetlands Mitigation Plan must receive written approval from the City of
Ashland Planning Department.
24) That existing building greater than 500 square feet proposed for removal shall
require approval of a Demolition Pern1it prior to moving or demolition.
25) That the Final Plan application shall include a lot coverage calculations in square
footage and percentage for each lot. Open space area less the impervious common
improvements (i.e. streets and sidewalks) and less lot 18 shall be distributed evenly
across the remaining 17 residential lots.
26) The setback requirements of 18.88.070 shall be met and identified on the building
permit submittals including but not limited to the required width between buildings
as described in 18.88.070.0.
COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Page-17-
27) That the setbacks on lot 14 shall be revised so that the front yard is opposite of the
back yard in accordance with 18.08.430 in the Final Plan application. The rear yard
for lot 14 shall be located as shown adjacent to the east property line to mirror the
yard pattem of the existing homes to the east.
28) That all new structures shall meet Solar Setback A in accordance with Chapter
18.70 of the Ashland Land Use Ordinance. Solar setback calculations shall be
submitted with each building pennit and include the required setback with the
formula calculations and an elevation or cross-section clearly identifying the
height of the solar producing point from natural grade.
29) Individual lot coverage calculations including all impervious surfaces shall be
submitted with the building pemlits. Impervious driveway and parking areas shall
be counted as pervious surfaces for the purpose of lot coverage calculations.
30) That all homes shall qualify in the Ashland Earth Advantage program in
accordance with 18.88.040.B.3.a. The applicant shall meet with the Ashland
Conservation Division regarding eligible site activities prior to issuance of an
excavation permit. The required Earth Advantage documentation shall be
submitted with each building permit application.
31) That fencing shall not be installed around the perimeter of the preserved wetland
in the westem open space.
32) That if lot 18, the lot containing the existing residence and indoor pool (Helman
Baths), is partitioned or divided in the future, the application shall be required to
be processed as an amendment to the subdivision. In accordance with this
subdivision approval, any new lots created from lot 18 shall be required to
construct conservation housing to meet density bonus requirements in accordance
with 18.88.040.B.3.a and shall participate in the homeowners' association.
33) The Property includes a wellhead and associated spring adjacent to Lots 13 and
14 on the outline plan, and serving the existing pool on Lot 18. In connection
with final plan approval, the wellhead and land immediately surrounding it shall
be dedicated as common area for the benefit of the subdivision's homeowners'
association. Prior to final plan approval, the Applicant shall submit a foml of
conservation easement or deed restriction for review and approval of the Ashland
Legal and Planning Departments designed to protect, in perpetuity, the wellhead
as an existing and the associated spring as a natural feature of the property. The
beneficiary of the conservation easement or deed restriction shall be the
subdivision's homeowners' association, which shall be entitled to enforce its
terms. The terms shall include provisions allowing the homeowners' association
to enhance the well in the future, subject to compliance with all laws then in
COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Page -18-
effect. The terms shall also prevent the homeowners' association or any future
owner from capping, degrading or destroying the wellhead. Applicant may record
an irrevocable license and concurrent easement for the benefit of Lot 18, for the
purpose of allowing the owner of Lot 18 and her successors in interest to continue
receiving water flow from the well in an amount roughly consistent with the
current amount of water used to serve the existing pool on Lot 18. Under the
terms of the irrevocable license, easement, and conservation easement or deed
restriction, the homeowners' association will be permitted to make all lawful use
of the well located in the common area for the benefit of the subdivision's
residents, provided such use does not unreasonably interfere with the concurrent
right of Lot 18 to continue to receive water from the well in an amount similar to
the amount currently utilized to serve the existing pool located on Lot 18. In
connection with final plan approval, the applicant shall design and install a water
feature in the common area where the wellhead is located, to be served by water
from the well, for the benefit of the members of the subdivision's homeowners'
association. That an instrument such as a maintenance agreement shall be
included with the easement or deed restriction which would address responsibility
of maintenance of the wellhead. That if Lot 18 is partitioned or divided in the
future, the first right of access to use the spring shall be offered to the
homeowners' association. As regards the water feature, applicant shall construct a
water feature that (1) highlights and presents the geothermal water as a daylighted
part of the open space, (not inside a building), (2) honors the historical character
of the geothermal springs area, and (3) directs the features's geothermal water
into the west side geothem1al wetland. This condition, agreed to by the applicant,
is subject to State of Oregon wetland permitting as regards numbered item (3).
34) That the Final Plan application include a determination of whether a pem1it is
needed from the Oregon Water Resources Department (OWRD) to use the spring
accessed by the wellhead which feeds the pool on Lot 18. If a permit is required,
evidence of permit approval and issuance shall be submitted to the Planning
Division prior to recording some form of conservation easement or deed
restriction for the spring and wellhead, and prior to signature of the ficnal survey
plat.
35) The applicant shall submit a revised site plan which clearly delineates and shows
the significant existing and natural features including but not limited to the
wellhead and associated spring and tree no. 13, in open space areas to be
dedicated to the homeowners association.
36) Applicant shall execute a document as consistent with ALUO 18.68.150 agreeing
to participate in their fair share costs associated with a future Local Improvement
District for improvements to Laurel Street and to not remonstrate against such
District. Nothing in this condition is intended to prohibit an owner/developer,
their successors or assigns from exercising their rights to freedom of speech and
COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Page -19-
expression by orally objecting or participating in the LID hearing or to take
advantage of any protection afforded any party by City ordinances and
resolutions.
37) Applicant shall mitigate traffic impact of this 18 lot subdivision consistent with a
constitutionally required individualized detennination of the impact of this
development in relation to any requested off-site improvements, in accordance
with Ashland City Code, as may be in place at the time of application for final
plan approval. Applicant has indicated acceptance of any requirement fairly
imposed [related] to the development of street improvements.
Ashland City Council Approval
Mayor John W. Morrison
Signature authorized and approved by the full Council this _ day of January, 2007
Approved as to form:
Date:
Ashland City Attorney
COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW Al\'D ORDER
Page -20-
BEFORE THE PLANNING COMMISSION
July 11,2006
IN THE MATTER OF PLANNING ACTION #2006-00078, A REQUEST FOR
AN OUTLINE PLAN APPROVAL UNDER THE PERFORMANCE STANDARDS
OPTIONS CHAPTER 18.88 FOR AN 18-UNIT SINGLE-FAMILY RESIDENTIAL
SUBDNISION FOR THE PROPERTY LOCATED AT 247 OTIS STREET.
AN EXCEPTION TO THE STREET STANDARDS IS REQUESTED TO
ALLOW A CURBSIDE SIDEW ALK IN SECTIONS OF THE OTIS AND RANDY
STREET FRONTAGES TO PRESERVE TREES, WETLANDS AND THE
RESIDENCE AT 247 OTIS STREET.
APPLICANT: Sage Development, LLC
RECITALS:
)
)
) FINDINGS,
) CONCLUSIONS
) AND ORDERS
)
)
)
)
)
1) Tax lot 400 of 39 IE 04BC is located at 247 Otis Street and is zoned R-I-5-P Single-Family
Residential.
2) The applicant is requesting Outline Plan approval for an 18-unit single-family residential subdivision
under the Performance Standards Options. The application includes a request for an exception to the Street
Standards to install a curbside sidewalk on the Otis and Randy street frontages to preserve mature trees,
wetlands and the home at 247 Otis Street. Site improvements are outlined on the plans on file at the
Department of Community Development.
3) The criteria for Outline Plan approval under the Performance Standards Options arl~ described in
Chapter 18.88 as follows:
a) That the development meets all applicable ordinance requirements of the City of Ashland.
b) That adequate key City facilities can be provided including water, sewer, paved access to and
through the development, electricity. urban storm drainage, police and fire protection and
adequate transportation; and that the development will not cause a City facilzty to operate beyond
capacity.
c) That the existing and natural features of the land; such as wetlands, j700dplain corridors,
ponds, large trees, rock outcrop pings, etc., have been identified in the plan of the development and
significant features have been included in the open space, common areas, and unbuildable areas.
d) That the development of the land will not prevent adjacent land from being developed for the
uses shown in the Comprehensive Plan.
P A #2006-00078
July 11, 2006
Page 1
e) That there are adequate provisions for the maintenance of open space and common areas, if
required or provided, and that if developments are done in phases that the early phases have the
same or higher ratio of amenities as proposed in the entire project.
j) That the proposed density meets the base and bonus density standards established under this
Chapter.
4) The criteria for an Exception to the Street Standards are described in Chapter 18.88.050.F as follows:
An exception to the Street Standards is not subject to the Variance requirements of section
18.100 and may be granted with respect to the Street Standards in 18.88.050 if all of the
following circumstances are found to exist:
A. There is demonstrable difficulty in meeting the specific requirements of this chapter due
to a unique or unusual aspect of the site or proposed use of the site.
B. The variance will result in equal or superior transportation facilities and connectivity;
C. The variance is the minimum necessary to alleviate the difficulty; and
D. The variance is consistent with the stated Purpose and Intent of the Performance
Standards Options Chapter.
5) The Planning Commission, following proper public notice, held public hearings on March 14, 2006,
June 13, 2006, June 27, 2006 and July 11, 2006 at which time testimony was received and exhibits were
presented. The Planning Commission approved the application subject to conditions pertaining to the
appropriate development of the site.
Now, therefore, The Planning Commission of the City of AsWand finds, concludes and recommends as
follows:
SECTION 1. EXHIBITS
For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony
will be used.
Staff Exhibits lettered with an "S"
Proponent's Exhibits, lettered with a "P"
Opponent's Exhibits, lettered with an "0"
P A #2006-00078
July II, 2006
Page 2
17
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M"
SECTION 2. CONCLUSORY FINDINGS
2.1 The Planning Commission finds that it has received all information necessary to make a
decision based on the Staff Report, public hearing testimony and the exhibits rleceived.
2.2 The Planning Commission finds that the proposal to develop an l8-unit single-family
residential subdivision meets all applicable criteria for an Outline Plan approval described in the
Performance Standards Options Chapter 18.88, and that the proposed use of a curbside sidewalk for
sections of the Otis and Randy street frontages to preserve mature trees, wetlands and the home at
247 Otis Street meets all applicable criteria for an Exception to the Street Standards in Chapter
18.88.
2.3 The Planning Commission finds that adequate key City facilities can be provided to serve
the project including water, sewer, paved access to and through the development, electricity,
urban storm drainage, police and fire protection and adequate transportation; and that the
development will not cause a City facility to operate beyond capacity. Water, sanitary sewer,
storm sewer and electric services are available from Otis Street and will connect through the site
to the existing system in Randy Street.
Paved access is provided by Randy and Otis streets, as well as by the propos(:d new street
running through the site. Primary access to the neighborhood is by way of North Laurel Street
which is classified as an Avenue (major collector). Randy and Otis streets, as well as the new
street in the subdivision, are classified as Neighborhood Streets. A Traffic Impact Study was
prepared for the project and projects that the intersections surrounding the site involving Randy,
Otis, Willow, Drager and North Laurel streets will continue to operate at accc~table levels with
build out of the proposed project.
The primary pedestrian attractors in the neighborhood are Helman School, the dog park and the
Bear Creek Greenway. Sidewalks are in place on the south side of Randy Strc~t from the east side
of Laurel Street to Helman Street. Helman School is located at Randy St. and Helman Street, and
the dog park and greenway are at the northern end of Helman Street. The proposed application will
install sidewalks on Randy Street from the western boundary of the subdivision to the intersection
of Randy Street and Laurel Street. In addition, a pedestrian easement is provided on Lot 18
connecting the new street to Randy Street. lbis multi-use path will provide a direct route for
pedestrians and bicyclists from the interior of the subdivision to Randy St:fe(:t. The Commission
believes the most likely route that residents of the proposed subdivision would take to Helman
School and further north to the dog park and greenway would be this direct route through Lot 18
and the northeastern open space to the new sidewalk on Randy Street. Pedestrians would then cross
at the intersection of Randy Street and Laurel Street to the existing sidewalk on the south side of
Randy that links to Helman School and Helman Street. New public sidewalks will also be installed
on the Otis Street frontage, and on both sides of the proposed new street running through the
P A #2006-00078
July 11,2006
Page 3
subdivision.
2.4 The Planning Commission finds that the proposal to use a curbside sidewalk for sections
of the Otis and Randy street frontages to preserve mature trees, wetlands and the historic home
meets the applicable criteria for an Exception to the Street Standards in Chapter 18.88. On the
Otis Street frontage, the proposal is to curve the sidewalk around three trees using a curbside
sidewalk. On the Randy Street frontage, the proposal is to use a curbside sidewalk along the
length of the frontage to preserve the wetlands adjacent to the street, preservl~ the historic home
at 247 Otis which is immediately adjacent to the street right-of-way, and to further protect the
large stature trees in the northeastern comer of the property. The installation of the required
sidewalk and parkrow improvement includes a seven-foot wide parkrow be~N'een the curb and
the sidewalk. If the parkrow were installed on the Otis Street frontage the 43-inch diameter at
breast height (dbh) Monterrey Cypress, 47-inch dbh Weeping Willow and the 38-inch dbh White
Mulberry (trees 4, 5 and 6 respectively on the Tree Inventory Plan) would need to be removed
because the sidewalk would be located where the trunks of the trees currently are sited. If the
parkrow were installed on the Randy Street frontage, the sidewalk would intJUde into the
wetlands in the western portion of the site, would intrude into the wetlands to the west of the
pool house, would require removal of a portion of the historic house, and would intrude into the
driplines of two Sugar Maples 38-inch and 30-inch dbh (trees 22 and 24 respectively on the Tree
Inventory Plan). While it is possible to remove the trees and build the sidewalk in the wetlands,
the Commission finds the trees and wetlands to be significant natural resources that should be
protected as required by the Outline Plan approval criteria. As a result, whilc~ the curbside
sidewalk is not the required pedestrian facility under the Ashland Street Standards, the
preservation of the natural features must be balanced with providing safe, convenient and
attractive walkways. The curbside sidewalks in the sections of Otis Street and on the Randy
Street frontage will provide a safe and direct pedestrian connection to east of the subdivision.
The sections of proposed curbside sidewalk have been minimized and a parkrow has been
included in areas not impacted by natural features and the historic home. The sidewalk design is
consistent with the purpose and intent of the Performance Standards Options Chapter 18.88 in
that is allowing an option for a more flexible design for the pedestrian corridor to use the natural
features of the landscape to their greatest advantage.
2.5 The Planning Commission finds that development of the land will not prevent adjacent
land from being developed for the uses shown in the Comprehensive Plan. The subject parcel as
well as the surrounding properties and neighborhood are located in the R-I-5 Single-Family
Residential district. The subject property is an oversized parcel in the middlc~ of a block that has
single-family lots adjacent to the eastern and western property boundaries. The properties
directly adjacent to the east and west of the site as well as the larger neighborhood in the area are
developed as single-family homes.
2.6 The Planning Commission finds the density meets the base density standards established
under the Performance Standards Options for the Single-Family Residential (R-I-5-P) zone. The
property's R-l zoning designation and lot area of 4.34 acres permit a base d.ensity of 19.53 units
P A #2006-00078
July 11, 2006
Page 4
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(4.34 acres ... 4.5 units/acre = 19.53 units). The application states the conservation density bonus
will be used, which would increase the number of possible units to 22 (19.53 units x .15
conservation density bonus = 2.92 units). Eighteen units are proposed including 17 new homes and
one large lot which will contain the existing home and indoor pool.
2.7 The Planning Commission finds that the existing feature on the property includes the
wellhead and the natural features of the property include trees, wetlands and a spring. The
Commission finds that the significant features have been included in the open spaces, common
areas, and unbuildable areas. Fifteen of the 24 trees on site are significantly sized according to the
definition of 18.61.020.1 (i.e. 18-inches or larger dbh). One of the significantly sized trees, a 22-
inch dbh Weeping Willow numbered as tree 15 on the Tree Inventory included with the application,
will be removed in the location of the new street in the center of the site. The proposal is to expand
the western wetland to mitigate the fill of the northern and eastern edge of the large western wetland
and the fill most of the two smaller centrally located wetlands. The wetland west of the pool house
and adjacent to Randy Street will also be preserved. The wetland area in the western open space
would be expanded to the south and north as mitigation for the filled wetland areas, and will result
in the total are of the western wetland open space being 39,333 square fteet (.90 acres). The
applicants have agreed that the wellhead is a significant existing feature and the associated spring is
a significant natural feature as defined in the Performance Standards Options Chapter 18.88.
Accordingly, the applicants have proposed to preserve the wellhead and associated spring in an
open space for the subdivision. As proposed by the applicant and addressed in condition of
approval 33, the Final Plan application for the proposed subdivision will include the wellhead and a
water feature served by the associated spring from the well in a common area for the subdivision.
Additionally, a conservation easement or deed restriction will be used to protect the wellhead and
associated spring in perpetuity. The maintenance of the open spaces and common areas, and the
existing and natural features to be preserved as described above will be addressed in the covenants,
codes and restrictions for the homeowners association.
2.8 The Planning Commission finds that the development meets all applicable ordinance
requirements of the City of Ashland. Sheet S-1 date stamped May 19,2006 delineates the
proposed building envelopes, setbacks, solar setbacks and driveway locations. The setbacks on
the perimeter of the subdivision and for the front yards are required to meet the standard setback
requirements of the Single-Family Residential zoning district, and the proposal meets this
requirement. The solar setbacks are addressed as required, but the final detennination is made at
the building permit submittal. Finally, the driveway aprons are separated by 24 feet as required
in the street standards. The proposed subdivision meets the on-site parking meets ordinance
requirements. In addition to the two off-street parking spaces that are requirt:~ for each unit, one
on-street space is required for each unit. The are parking spaces available on the new street as
well as the Randy and Otis street frontages, and the on-street parking requirement is easily
satisfied with over 60 on-street spaces identified in the application submittals.
P A #2006-00078
July 11, 2006
Page 5
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SECTION 3. DECISION
3.1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that the
proposal to develop an I8-unit single-family residential subdivision and to install a curbside sidewalk on
the Otis and Randy street frontages to preserve mature trees, wetlands and the hom(~ at 247 Otis Street is
supported by evidence contained within the record.
Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following
conditions, we approve Planning Action #2006-00078. Further, if anyone or more of the conditions below
are found to be invalid, for any reason whatsoever, then Planning Action #2006-00078 is denied. The
following are the conditions and they are attached to the approval:
I) That all proposals of the applicant are conditions of approval unless otherwise modified here.
2) That all easement for sewer, water, electric and streets shall be indicated on the Final Plan
application as required by the City of Ashland.
3) That a utility plan for the project shall be submitted with the Final Plan application. The utility
plan shall include the location of connections to all public facilities in and adjacent to the
development, including the locations of water lines and meter sizes, fire hydrants, sewer mains
and services, manholes and clean-outs, storm drainage pipes and catch basins. The rerouted
sanitary sewer and storm drain lines that are being relocated to the new str(~et shall be the same
size or larger than the current lines running through the site as required by the Ashland
Engineering Division. Any required private or public utility easements shall be delineated on the
utility plan.
4) That the Tree Protection and Removal Plan shall be revised to coordinated with the final utility
plan, and shall be submitted with the Final Plan application.
5) That the storm drainage plan including the design of all on-site storm wat,er detention systems
and off-site storm drain system improvements shall be submitted with the Final Plan application.
The permanent maintenance of on-site storm water detention systems must be addressed through
the obligations of the homeowners' association and approved by the Public; Works Department
and Building Division.
6) That the applicant shall submit an electric distribution plan with the Final Plan application
including load calculations and locations of all primary and secondary services including
transformers, cabinets, meters and all other necessary equipment. This plan shall be reviewed
and approved by the Electric Department prior to submission of the Final Plan application.
Transformers and cabinets shall be located in areas least visible from streets, while considering
the access needs of the Electric Department.
7) That the required pedestrian-scaled streetlight shall consist of the City of Ashland's residential
P A #2006-00078
July 11, 2006
Page 6
'"
streetlight standard, and shall be included in the utility plan and engineered construction
drawings for the street improvements.
8) The preliminary engineering for proposed street improvements shall be provided at Final Plan
application. Street improvements shall be consistent with City of Ashland Street Local Street
Standards. The sidewalk improvements on Randy Street may be constructed at the curbside to
preserve the wetlands, existing home and trees. Off site sidewalk improvements on Randy Street
connecting the site to Laurel Street shall be included in the preliminary engineering. The
preliminary engineering shall include multi-use path improvements for the off-street path
adjacent to the wetlands and for the off-street path connecting the new street to and through the
northeastern tree open space.
9) That the Final Plan application shall demonstrate that the driveway curb cuts are spaced at least
24 feet apart as measured between the outside edges of the apron wings of th(~ driveway
approaches in accordance with the Ashland Street Standards.
10) That the driveway for lot 14 shall be relocated so that it does not cross the front yard area of lot
13.
11) That the Final Plan application shall delineate vision clearance areas at the intersections of streets
and alleys throughout the project in accordance with 18.92.070.D. Structures, signs and
vegetation in excess of two and one-half feet in height shall not be placed in the vision clearance
areas. Building envelopes shall be modified accordingly on the Final Plan submittals.
12) Subdivision infrastructure improvements, including but not limited to utilities, public streets,
street trees and irrigation and open space landscaping and irrigation shall b<;: installed or a bond
posted for the full cost of construction prior to signature of the final survey plat. If a bond is
posted for common area and open space improvements, the common area and open space
improvements including but not limited to landscaping, irrigation and pathway improvements
shall be installed in accordance with the approved plan prior to the issuance of the ninth building
permit (halfway through the building permits for single-family homes). TIle project landscape
architect shall inspect the common area and open space improvements for conformance with the
approved plan, and shall submit a final report on the inspection and items addressed to the
Ashland Planning Division. The applicant shall schedule a final inspection including the project
landscape architect with the Ashland Planning Division of the common are:as and open spaces
prior to issuance of the ninth building permit.
13) That the street name shall be reviewed and approved by Ashland Engineering for compliance
with the City's resolution for street naming.
14) That the final wetland delineation and mitigation plan shall be approved by the necessary state and
federal agencies, and the necessary state and federal permits received prior to the Final Plan
application. If the final wetland delineation report submitted for state and federal review differs
P A #2006-00078
July 11, 2006
Page 7
significantly from the preliminary determination (i.e. larger area or additional wetland areas), the
Outline Plan shall be modified prior to an application for Final Plan approval.
15) That the wetland mitigation plan including a grading and planting plan shall be: submitted with the
Final Plan application. That an engineering analysis of the water flow and potential ponding, and
any potential impacts to adjacent properties shall be submitted with the Final Plan application. The
engineering analysis shall address the potential to meter excess runoff to the storm drain to prevent
backup of water in the wetlands.
16) That the Tree Protection and Removal Plan shall be revised in the Final Plan application to include
lot 18.
17) That the recommendations of the Ashland Tree Commission, with final approval by the Staff
Advisor, shall be incorporated into the Tree Protection and Removal Plan.
18) That a Verification Permit in accordance with 18.61.042.B shall be applied fi)r and approved by
the Ashland Planning Division prior to site work, storage of materials and/or the issuance of an
excavation or building permit. The Verification Permit is for the installation of the tree
protection fencing. The tree protection for the trees to be preserved shall be installed according
to the approved Tree Protection Plan prior to site work or storage of materials. Tree protection
fencing shall be chain link fencing a minimum of six feet tall and installed in accordance with
18.61.200.B.
19) That a size and species specific landscaping plan for the parkrows and open spaces shall be
provided at the time of the Final Plan application.
20) That street trees, located one per 30 feet of street frontage, shall be installed in the parkrow along
street frontages as part of the subdivision infrastructure improvements. Street trees shall be
chosen from the Recommended Street Tree List and shall be installed in accordance with the
specifications noted in the Recommended Street Tree List. The street trees shall be irrigated.
21) That the landscape plan at Final Plan application shall attempt to mitigate the loss of a parkrow in
the areas of curbside sidewalk (i.e. adjacent to wetlands on new street, and on the Randy Street
frontage) by providing street trees behind the sidewalk that will be provide a canopy over the
sidewalk and street to improve the pedestrian environment, provide shade and traffic calming
benefits.
22) Fence heights within side and rear yard areas adjoining the off-street pedestri~U1 paths from and
open spaces shall not exceed four feet. Stipulations with regards to fencing shall be described in
the project CC&R's.
23) That a draft copy of the CC&R's for the homeowners association shall be provided at the time of
Final Plan application. Lot 18 shall be included in the homeowners association and subject to all
P A #2006-00078
July II, 2006
Page 8
I
subdivision requirements including the Tree Protection Plan and Wetlands Mitigation Plan.
CC&R's shall describe responsibility for the maintenance of all common area and open space
improvements, parkrows and street trees. CC&R's shall describe a system for governance of the
use of the wellhead and associated spring by the subdivision residents. CC&R's shall note that
any deviation from the Tree Protection Plan and Wetlands Mitigation Plan must receive written
approval from the City of Ashland Planning Department.
24) That existing building greater than 500 square feet proposed for removal shall require approval of a
Demolition Permit prior to moving or demolition.
25) That the Final Plan application shall include a lot coverage calculations in square footage and
percentage for each lot. Open space area less the impervious common improvements (i.e. streets
and sidewalks) and less lot 18 shall be distributed evenly across the remaining 17 residential lots.
26) The setback requirements of 18.88.070 shall be met and identified on the building permit submittals
including but not limited to the required width between buildings as described in 18.88.070.D.
27) That the setbacks on lot 14 shall be revised so that the front yard is opposite of the back yard in
accordance with 18.08.430 in the Final Plan application. The rear yard for lot 14 shall be located as
shown adjacent to the east property line to mirror the yard pattern of the existing homes to the east.
28) That all new structures shall meet Solar Setback A in accordance with Chapter 18.70 of the
Ashland Land Use Ordinance. Solar setback calculations shall be submitted with each building
permit and include the required setback with the formula calculations and an elevation or cross-
section clearly identifying the height of the solar producing point from natural grade.
29) Individual lot coverage calculations including all impervious surfaces shall bc~ submitted with the
building permits. Impervious driveway and parking areas shall be counted as pervious surfaces
for the purpose of lot coverage calculations.
30) That all homes shall qualify in the Ashland Earth Advantage program in accordance with
18.88.040.B.3.a. The applicant shall meet with the Ashland Conservation Division regarding
eligible site activities prior to issuance of an excavation permit. The required Earth Advantage
documentation shall be submitted with each building permit application.
31) That fencing shall not be installed around the perimeter of the preserved wetland in the western
open space.
32) That iflot 18, the lot containing the existing residence and indoor pool (Helman Baths), is
partitioned or divided in the future, the application shall be required to be processed as an
amendment to the subdivision. In accordance with this subdivision approval, any new lots
created from lot 18 shall be required to construct conservation housing to mec~t density bonus
requirements in accordance with 18.88.040.B.3.a and shall participate in the homeowners
P A #2006-00078
July II, 2006
Page 9
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association.
33) The Property includes a wellhead and associated spring adjacent to Lots 13 and 14 on the outline
plan, and serving the existing pool on Lot 18. In connection with final plan approval, the
wellhead and land immediately surrounding it shall be dedicated as common area for the benefit
of the subdivision's homeowners' association. Prior to final plan approval, the Applicant shall
submit a form of conservation easement or deed restriction for review and approval of the
Ashland Legal and Planning Departments designed to protect, in perpetuity, the wellhead as an
existing and the associated spring as a natural feature of the property. The b{meficiary of the
conservation easement or deed restriction shall be the subdivision's homeowners' association,
which shall be entitled to enforce its terms. The terms shall include provisions allowing the
homeowners' association to enhance the well in the future, subject to compliance with all laws
then in effect. The terms shall also prevent the homeowners' association or any future owner
from capping, degrading or destroying the wellhead. Applicant may record an irrevocable license
and concurrent easement for the benefit of Lot 18, for the purpose of allowing the owner of Lot
18 and her successors in interest to continue receiving water flow from the well in an amount
roughly consistent with the current amount of water used to serve the existing pool on Lot 18.
Under the terms of the irrevocable license, easement, and conservation easement or deed
restriction, the homeowners' association will be permitted to make all lawful use of the well
located in the common area for the benefit ofthe subdivision's residents, provided such use does
not unreasonably interfere with the concurrent right of Lot 18 to continue to receive water from
the well in an amount similar to the amount currently utilized to serve the existing pool located
on Lot 18. In connection with final plan approval, the applicant shall design and install a water
feature in the common area where the wellhead is located, to be served by water from the well,
for the benefit of the members of the subdivision's homeowners' association. That an
instrument such as a maintenance agreement shall be included with the easement or deed
restriction which would address responsibility of maintenance of the wellhead. That if Lot 18 is
partitioned or divided in the future, the first right of access to use the spring shall be offered to
the homeowners' association.
34) That the Final Plan application include a determination of whether a permit is needed from the
Oregon Water Resources Department (OWRD) to use the spring accessed by the wellhead which
feeds the pool on Lot 18. If a permit is required, evidence of permit approval and issuance shall
be m ed to the Planning Division prior to recording some form of conservation easement or
ed res . ction r e spring and wellhead, and prior to signature of the final survey plat.
cg)~?--/f)r
Date / ·
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CITY 40F
ASHLJ\ND
Council Communication
AFN Debt Service Alternatives for the City
Meeting Date: January 2, 2007
Department: Administrative Services
Contributing Departments: ~~
Approval: Martha Bennet IV
Primary Staff Contact: Lee Tuneberg frc!-::J
E-mail: tuneberl@ashland.or.us
Secondary Staff Contact:
E-mail:
Estimated Time: 30 Minutes
Staff Recommendation:
Staff recommends that Council approve funding the annual General Obligation debt service for the Ashland Fiber Network
through:
1. A direct charge to the Telecommunications Fund for any positive fund balance above a proposed target level of
20% of estimated annual operating revenue, and
2. An internal technology charge to all primary funds using the network (excluding those funds restricted by covenants
such as the Cemetery Trust, Debt Service, Youth Activity Levy, Community Development Grant and Special
Revenue funds).
Statement:
This communication provides Council with information to support establishing a procedure for funding the City's debt
obligations relating to Ashland Fiber Network.
Background:
The City has $15.5 million outstanding in full faith and credit revenue bonds for the construction and operation of the fiber
network through build-out in FY 2003-04. A full faith & credit obligation makes it an obligation of the City, not just the utility,
and gives maximum flexibility on the revenue streams used to pay the debt. In this case, we look first to AFN revenues but
can use any other legal sources. From inception, the Electric Fund has been the guarantor of any cost and debt arising from
the Telecommunication Fund and has funded shortfalls through operational transfers.
The approximate distribution of this debt is $9.0 million in capital costs and $6.5 million in operating losses. Debt service on
these bonds is interest only in the first few years with the first principal payment occurring in July 2007. FY 2006-07
payments will total $865,000, then $1,056,000 in 2007-2008 and $1,299,000 in 2008-2009. Annual payments will level off at
about $1.43 million in FY 2009-10.
The FY 2006-07 debt service was budgeted as an internal transfer of $570,000 from other funds and $2~15,000 from an
operating property tax levy of $.1750/$1000 of valuation.
In the past Council has considered many alternatives including new fees, converting the Bonneville Power Administration
surcharge created by the City in 2001 or levying new taxes to meet this obligation. Council has indicated that a "cafeteria
approach" is preferable. A single direct charge on the utility bill has been problematic.
Attached is a table that shows the major options considered and significant pluses and minuses of each.
IIIl.
.~. .,
In developing this recommendation, staff considered:
. It must be able to be calculated without much difficulty
. It must be a reliable source
. It must be collectible with minimal effort
. There should be a general connection between the charge and technology
. A few significant sources are easier to understand and manage than many small sources
AFN has been able to generate enough revenue to cover operational expenses since FY 2003-2004 but has not met debt
service requirements. Depreciation and capital refresh costs have been under-funded the last few years while Cable
Television Services (CATV) have experienced strong competition and high costs. With the outsourcing of CATV there is a
potential that the other product lines in telecommunications will generate some money above the amount needed for a 20%
Fund Balance to go directly to debt service. For the foreseeable future, Staff expects this to leave at least $1 million left to be
funded and a reliable source for this portion is needed.
Since all departments receive benefit from the technology network established through AFN it seems appropriate that any
unrestricted resources contribute to the debt service. This methodology is consistent with the provisions of the General
Obligation pledge that accompanies the bonds.
The approach:
Under the Staff recommendation, we would first calculate the portion of the debt service that can be directly paid for by the
Telecommunications Fund. The remaining amount for each fiscal year will then be allocated to other eligible funds based
upon the benefit they receive from this technology. Any shortfalls in AFN's ability to pay its direct share in a given year will
be subsidized by the Electric Fund, consistent with all financing agreements made since telecommunication services'
inception as part of the Electric Department.
The direct amount from AFN would be based upon "anticipated surplus" amounts above a target ending fund balance. At
this point, AFN does not have an established target for fund balance. Staff recommends using 20% of annual revenues
which is similar to the Water Fund. Staff recommends 20% to ensure that there is an adequate amount for operational cash
flow requirements within the fund and to insulate the City from any unexpected cost or decline in revenue.
The amounts to be paid directly by the Telecommunications Fund and indirectly through an internal charge are subject to
change but can be included in the budget and projections for financial planning. Direct payments by AFN rely on the new
business plan being developed and should be included as a goal for operations. An example of the amounts for the
$1,056,000 debt service in Fiscal Year 2007-2008 and related impacts could be $356,000 directly paid by the
Telecommunications Fund with the remaining $700,000 paid by Operating transfers from other funds is estimated at:
General
Water
Wastewater
Electric
Parks & Recreation
Charqed to Parks
$242,600
$69,300
$84,900
$223,500
$79,700
Without Charqe to Parks
$273,700
$78,200
$95,800
$252,300
The benefit of doinq it this way are:
1. AFN pays directly what it can.
2. Other benefited funds pay what is needed to meet the annual obligation
3. It is reviewed annually in the budget process
4. A back up source for payment is identified as the Electric Fund
~~.
.... ~
5. A cafeteria approach is used and has direct and indirect impacts: Cost sharing by all funds will evemtually result in
some increases in rates, fees, charges, taxes and budget reductions over the long-term, but does 110t require a
major increase or new charge.
The City Council has considered other options, but after detailed analysis, Staff does not recommend any of the following:
a. Property taxes - Operating levy property taxes do not generate sufficient monies in the later years and may be
needed for other programs or operational costs. Local option levy property taxes could be a 5 year solution but
may not be passed or renewed, impacting other categories and the City's ability to pay. GO refinancing is a long
term solution for a part of the debt but relies on voter approval, which may not be feasible or approved since it is
being done after the project is complete. Property tax payments are tax deductible to most citizens.
b. New utility bill fee or surcharge -This is feasible, could generate sufficient amounts to pay annual debt service and
could be structured to allow relief to low income customers. However, when tried previously customers withheld
payment forcing the City to disconnect services. A surcharge was established in the Fall of 2005 and was repealed
shortly thereafter.
c. Converting the BPA surcharge - Diverting it from the Electric Fund to the Telecommunications Fund. The BPA
Surcharge represents approximately $1.1 million in FY 2006-07. Diverting this revenue source would not result in a
direct increase in utility bills since it has been in place for many years but this change still includes many of the
same issues as the proposed and repealed AFN surcharge.
d. Diverting Food & Beverage tax from Parks and Wastewater funds - The tax revenue is dedicated to these two
applications and will require voter approval and other revenues streams to be generated to replace the programs
currently benefited by the tax. Changing the allocation of the Food & Beverage Tax revenue will!]reatly impact the
Open Space program and/or sewer rates. Sewer rates could increase 50% if the tax revenue was eliminated.
e. Cutting specific programs, projects or services to transfer funds to AFN - Staff recommended solution may result in
reduced services if we do not increase rates, fees, or taxes. It allows the City to manage this each year as part of
the annual budget process based upon priorities in services and programs. The fiscal impact varies depending on
what is cut and could only be determined by the managing department at the time of proposed reduction.
f. Cap revenue growth (resources) and dedicate increases to debt service - Many revenues are dedicated and may
not be capped and diverted however a similar affect may occur through the proposal on undedicated resources,
after balancing them with operational needs as a part of allocating costs for technology. This is similar to option e.,
but with less flexibility.
g. Selling surplus properties - This is limited by the value of the properties the City is willing to sell. Each sale is a
one-time infusion of cash. In 2004 Council reviewed an inventory of unused land and some of them could be sold
with the proceeds being used to payoff bonds or reserved for debt service. This removes the "positive" impact
sales revenue would have on another recipient fund or uniquely identified program or project. Additionally, this does
not resolve the debt service over the long haul.
h. Employ new revenue streams to meet requirements - The feasibility of these alternatives is questionable. They will
require considerable work and may be limited in the amount of revenue generated or the cost and process to
implement. Extensive public input and possibly a vote would be required. Included in this group are:
. Gas tax - Other agencies are implementing this tax because visitors help pay but its use for technology is
questionable. This probably cannot be used for debt service due to Oregon constitutional restriction.
. Sales Tax - Ashland has the food and beverage tax, but a new general sales tax could be broader based.
Income Tax - Being considered in other agencies throughout the state for various purposes
. Entertainment Tax - A ticket tax has been considered many times but not implemented in Ashland.
~~,
Related City Policies:
None
Council Options:
Direct staff on the action desired based upon Council discussion.
Potential Motions:
Council moves to accept the staff proposal using a combination of direct payments from AFN guaranteed by the Electric
Fund and an internal technology charge allocated to major funds to meet the annual debt service requirements for AFN.
or
Council moves to direct staff to utilize the following revenue streams to meet the annual debt service requirements for AFN:
Property taxes
BPA Surcharge
New Utility Surcharge
Other
(Council identify which revenue steams to be created or changed to generate adequate estimated funding levels.)
or
Council takes no action at this time.
Attachments:
Options matrix
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<.9
CITY OIF
ASHLA1\ID
Council Communication
A Request for authorization to proceed with a land use application involving
approximately 1.37 acres of City-owned land included in the Dog Park.
Meeting Date:
Department:
Approval:
January 2.2007
Plannine. letlAA J ~
M"tlm B,n':1W
~.
Pnmary Staff Contacts: Maria Harris. 552-2045. ~\.'
harrism(a ashland.or. us
Secondarv StatTContact: Bill Molnar. 552-
"04" '1 bl';. 'II d . /") i
~ -. mo nar {l as 1 an .or.us / .1
Time Estimate: 15 minutes .\ l \
Statement:
An application to annex and develop a residential subdivision for the properties associated with
Ashland Greenhouse located at 87 W. Nevada St. was submitted on August 23. 2006. The
proposal involves development of approximately 1.37 acres of city property included in the Dog
Park in exchange for approximately 2.42 acres of property adjacent to the Ashland Creek
corridor. Since the proposal involves the development of property currently owned by the City,
the application requires authorization by the City Council to proceed with the land use
application.
Staff Recommendation:
Staff recommends the City Council authorize the applicants to proceed with the land use
application.
Background:
On AUbrust 26, 2006, Greg and Valri Williams filed an application for planning approval to
annex and develop a residential subdivision for the properties associated with Ashland
Greenhouse located at 87 W. Nevada St. The properties are comprised offive tax lots and
include 11.64 acres. A vicinity map is attached for reference. The proposal involves a land
exchange whereby the applicants would dedicate approximately 2.42 acres adjacent to the
Ashland Creek corridor to the City in exchange for approximately 1.37 acres of the Dog Park.
Since the application involves the development of property currently owned by the City. the
application requires authorization by the City Council to proceed in accordance with the
requirements of Chapter 18.108. Procedures. Section 18.108.017 requires the authorization of
involved properties owners (see below).
~~,
CITY ()F
ASHLAlND
18.108.01l.A.1
c. Complete and signed application form. The application must he signed by one or more
property ovvners of the proper(v for which the planning action is requested, or their
authorized agents. The application shall not he considered complete unless it is
accompanied by the appropriate application fee.
Authorization by the City Council to permit the processing of a land use application involving a
portion of the Dog Park does not establish an endorsement of the project. The land use
application would proceed through the nomlal procedure with a recommendation on the
annexation from the Planning Commission to the City Council, and a decision by the Planning
Commission on the application for development of the residential subdivision.
The Parks and Recreation Commission reviewed the proposed land swap at the October 24, 2005
meeting, and motioned to support "in principle" the land swap. A memorandum from Don
Robertson and the minutes from the meeting are attached. The Ashland Creek corridor from
Hersey St. to Eagle Mill Rd., including the subject site, is identified in the long-term plan for the
Parks, Trails and Open Space Program 2002-2012.
The application was initially deemed complete on October 27,2006. Subsequently, the item was
scheduled for a public hearing and reviewed by the Planning Commission on November 14,
2006. The application was continued at the November 14,2006 meeting, and a significantly
revised application was submitted on November 29,2006. The revised application was deemed
incomplete. The applicants are attempting to address the incomplete items so the application can
be reviewed at the February 13, 2007 Planning Commission meeting.
Council Options:
The Council may authorize the applicants to proceed with a land use application involving
approximately 1.37 acres of City-owned land included in the Dog Park, or not authorize the
processing of the land use application involving City-owned property. Council could opt to
resolve the potential land exchange prior to final land use hearings on the application.
Potential Motions:
Move to authorize Greg and Valri Williams to proceed with a land use application involving
approximately 1.37 acres of City-owned land included in the Dog Park. The authorization to
proceed with the application is not an endorsement of the proposed project and does not
constitute approval of the land use application. City staff is directed to investigate and provide a
recommendation on the proposed land exchange and properly notice and advertise any exchange
concurrent with or prior to final land use hearings on the application.
Move to not authorize Greg and Valri Williams to proceed with a land use application involving
approximately 1.37 acres of City-owned land included in the Dog Park.
Attachments:
Vicinity Map
Memorandum from Don Robertson - August 7, 2006
Ashland Parks and Recreation Commission Regular Meeting Minutes - October 24, 2005
')
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Exhibit M
Ashland Parks Commission
Endorsement of Property
Exchange Concept
ASHLAND PARKS AND RECREATION COMMISSION
340 SO. PIONEER STREET
ASHLAND, OREGON 97520
COMMISSIONERS:
Don Robertson
Director
Diane Amarolico
JoAnne Eggers
Michael Gardiner
Jim Lewis
Rich Rosenthal
TEL.: (541 ) 488-5340
FAX: (541) 488-5314
MEMORANDUM
TO
Maria Harris, ~~r Planner
Don Robertsoh'?t>irector
FROM
I
DATE
August 7, 2006
I
SUBJECT
Ashland Greenhouses Proposal
I
I
At the October 24, 2005, meeting of the Ashland Parks and Recreation Commission, Mr.
Greg Williams presented a draft plan for the development of his greenhouse property.
Within that presentation was a proposal to perform a land swap with the Parks
Commission.
I
A motion was made by Diane Amarotico and seconded by Rich Rosenthal to "support, in
principle, the land swap between Ashland Parks and Recreation and the Ashland
Greenhouses." The motion carried with a 5 yes - 0 no vote.
I
I
Cc: /Greg Williams
Bill Molnar
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Page 2 of 3
Regular Meeting Minutes - October 24, 2005
Ashland Parks and Recreation Commission
UNFINISHED BUSINESS
MEADOWBROOK II PRESENTATION, cont'd.
Jason Patterson and Tom Madera of Camelot Family Homes thanked the commissioners for their input
during the October 13 study session, reporting that they made every effort to integrate Parks Department
suggestions into their plan. They encouraged the commission to comment on their revised plan.
Discussion Among Commissioners
Commissioners offered feedback to the landscapers, stating that they spoke with city staff members who
suggested additional alterations, including elimination of a 10-foot strip of grass [to conserve water] and some
changes to tree plantings [for the sake of variety].
MOTION Eggers moved to approve the Meadowbrook II park landscape plan, with the following exceptions:
1) move the trees along the 10-foot walking path to the creek side; 2) eliminate the strip of lawn on the creek
side; 3) alternate the species of trees along the sidewalk; and 4) terminate the pathway in tht; center of the
holding pond. D. Amarotico seconded the motion.
The vote was: 5 yes - 0 no
NEW BUSINESS
PUBLIC ARTS COMMISSION PRESENTATION
Robertson welcomed Richard Benson of the Public Arts Commission and invited him to speak to the
commission about PAC's request to install two proposed "signature tiles" for the mosaic at the top of the Calle
Guanajuato staircase.
Richard Benson presented two signature tiles, created by artist Sue Springer, and Irequested the
commission's approval to place them in the mosaic at the top of the staircase. He announced the unveiling of
the project, scheduled for November 4 at 3:00 PM, and invited commissioners and staff to attend.
Discussion Amon!:! Commissioners
Commissioners expressed concern about the lettering and frogs on the tiles, stating that they might not fully
match the project in terms of style. Amarotico and Eggers agreed to discuss some changes with the artist
prior to the November 4 unveiling, and the commission agreed to allow the artist to place the tiles loosely into
the concrete as placeholders [until a more acceptable signature tile could be created and placed in the
I!losaic] .
ASHLAND GREENHOUSES PROPOSAL
Robertson reported that the commission was approachal about a potential land trade between the Parks
Department and the owners of Ashland Greenhouses. He welcomed Greg Williams, co-owner of Ashland
Greenhouses, and invited him to provide further information to the commission.
Greg Williams stated that the plan, still in its conceptual phase, would provide better access to the Dog Park
than its present entrance allows. He requested the commission's acceptance, in principle, of the project,
explaining that he would then forward the request to the Planning Commission for the next level of approval.
Discussion Among Commissioners
Commissioners asked clarifying questions about the proposal. Gardiner disclosed that he and Williams are
friends and that he knew about the project in advance but felt he could remain objective as a commissioner.
Gardiner called for a motion.
MOTION D. Amarotico moved to agree to support, in principle, the land swap between Ashland Parks and
Recreation and Ashland Greenhouses. Rosenthal seconded the motion.
The vote was: 5 yes - 0 no
".
CITY C.F
ASHLA.ND
Council Communication
An Ordinance Revising Ashland Ethics Provisions CAMe 3.08.020)
November 21, 2006 Primary Staff Contact: Michael W. FranelrA r;
E-mail: franellm@ashland.or.us . (11
Secondary Staff Contact:
E-mail:
Estimated Time: 20 minutes
Statement:
Attached is an ordinance which would amend the ethics provisions in Ashland Municipal Code. The primary change made
to the current ethics code is to also include elected officials and appointed officials in its applicability. A provision restricting
appointed officials from representing clients for hire before any body of the city on a matter that will or has come before the
body to which the official is appointed to serve has been added. Additionally, procedures for addressing the applicability of
the code provisions has been added, with the City Administrator making that determination for applicability to employees
and the City Council making the determination of applicability to appointed and elected officials.
Background:
The Ashland City Council held a study session March 6, 2006, to discuss the possibility of amending the ethics provisions
within the Ashland Municipal Code. After careful consideration the City Council indicated an interest in:
1) Amending the Ethics provisions currently in the Ashland Municipal Code to be applicable to elected and
appointed officials in addition to applicability to city employees;
2) Adding in a procedure for investigating and enforcing the ethics provisions;
3) Adding a provision similar to provisions in the Gresham City Charter which would require Ashland to have
ethics provisions in its municipal code which can be enforced locally.
The proposed ordinance would amend the ethics provisions in the Ashland Municipal Code to apply to elected and
appointed officials in addition to employees. Additionally, the amendments would prevent an appointed official from
representing clients for hire before any board or commission or before the City Council on matters which would come before
the board or commission on which the appointed official sits. The proposed changes also add exceptions for the use of
public property for private benefit for instances which are specifically set forth as a benefit of employment and for the
granting of special treatment or advantage to a citizen when provided for by law. Finally, the proposed ordinance permits
determinations of applicability by the City Administrator for applicability to employees and determinations of applicability by
the City Council for applicability to appointed and/or elected officials. The sanctions paragraph has been amended to
provide violations are considered cause for discipline.
Related City Policies:
None.
Council Options:
The Council could adopt the proposed ordinance amending the Ashland ethics provisions as stated
above.
The Council could amend the proposed ordinance.
~~.
._~~
The Council could reject the proposed changes. thereby, leaving the ethics provisions applicable only
to city of Ashland employees.
Staff Recommendation:
Staff recommends the City Council adopt An Ordinance Amending AMC 3.08.020 To Apply Ethics
Provisions To Employees, Appointed Officials And Elected Officials by title only on first reading
and move to second reading.
Potential Motions:
I move the Council adopt An Ordinance Amending AMC 3.08.020 To Apply Ethics Provisions To
Employees, Appointed Officials And Elected Officials by title only on first reading and move to
second reading.
I move the Council adopt An Ordinance Amending AMC 3.08.020 To Apply Ethics Provisions To
Employees, Appointed Officials And Elected Officials by title only on first reading as amended. . .
and move to second reading. (Note: If you make amendments, please be sure to identify the
included amendments when making this motion).
Attachments:
Proposed ordinance.
~~.
._~'1
ORDINANCE NO.
AN ORDINANCE AMENDING AMC 3.08.020 TO APPLY ETHICS
PROVISIONS TO EMPLOYEES, APPOINTED OFFICIALS AND
ELECTED OFFICIALS
Annotated to show deletions and additions to the code sections being modified Deletions are
lined through and additions are underlined.
RECITALS
1. The City of Ashland is committed to the highest ethical standards for its public
officials.
2. As a statement in that regard, in addition to any standards set forth by the state,
Ashland has had its own ethics provision applicable to public employees for more
than 25 years.
3 As a sign of continuing commitment to the highest ethical standards Ashland desires
to extend application of its ethics provisions to appointed and elected officials
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS
SECTION 1. Section 3.08.020 of the Ashland Municipal Code is amended to read
SEeTIO:\! 3.08.020 ('ode of Ethics.
k Declaration of Polin. The proper operation of democratic gm crnment requires that pllbIi(,:lJOi(,:i'lk,
induding ckcJGl (>llici,lis".'l[1[1".\[lte,LsIUls:.Llh..;md cmplo~ ees be independent. impartial and
responsible to the people: that governmental decisions and polie~ be made in the proper channels of
the governmental structure: that public officc not be used fll!' personal gain: and that the public have
confidence in the integrity of its government. In recognition of these goals. there is hereby
cstablished a Codc of Ethics for all,puhlil' olliciak whcther paid or unpaid.
The purpose of this Codc is to establish ethical standards of conduct for all,pl1rlj\;..<.'lli,:i<\h by setting
forth those acts or actions that are incompatible with the best interests of the City of Ashland. It is
also the purpose of this Code to assist,DJIhIi(':J-'lJkLJ1, in determining the proper course of action when
faced with uncertaint~ regarding the propriety of a contemplated action. thereb~ preventing them
from unwittingly entangling public and private interests.
Through adoption of this Code the City hereby expresses its intent to maintain high ethical standards
in the City service. and to increase public confidence in the integrity of City ,puhli,'gl1ici,tb.
B. Responsibilities of Public Office. .Elll,lil:..\'.Ul!o:!il.b are agenh of public purpose and are ~J&Il'..(,:..Q for
the benefit of the public. They are bound to uphold the Constitution of the United States and the
Constitution of this State and to carry out impartially the laws of the nation. state and the City. and
thus to foster respect for all government. They are bound to observe in their official acts the highest
standards of morality and to discharge faithfully the duties of their office regardless of personal
considerations. recognizing that the public interest must be their primary concern.
I C. Dedicated Service. All .public oflicials of the City should ~to ~ul1rorUhe political objectives
expressed by the electorate and the programs developed to attain those objeetives. Appointive
Page 1 01'4
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Deleted: emr[()v~e~
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U ".!eg:ar !\.ld.,c.,OrulIlanccs"EthlcS
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\,f1icic':s and employees should adhere to the rules of work and performance estahlished as the
standard lor their positions hy the appropriate authority.
I ,-...
PLl12liL~lm~JjJb should not excced their authority or breach the lall or ask others to do so. and thcy
should work in full cooperation with other ~JlIbli,' uni,'ius unless prohihited from so doing hy law or
hy officially recognized confidentiality of their work.
D. Fair and Equal Treatment.
I. Intcrcst in Appointmcnts. Canvassing ofmemhers of the Councilor Mayor. directly or indirectly.
in order to obtain prelcrential consideration in connection \\Ith any appointment to the City
service shall disqualify the candidate for appointment except II ith reference to positions filled by
appointment by thc \ilayor or Council.
2. Use of Public Propertv. NO,public oflicial shall request or permit the use of city-owned vehicles.
equipment. materials or property for pcrsonal cOl1\enicnce or pro lit. except when such services
are available to the public generally or arc provided as municipal policy f()r thc use of such
employee in the conduct of ot1icial business.(lr-,I\'LSI2<':<;llic;dh\jc:U~)c:,Lh,:llcfil...lI)<:'()I)11)c:Ll?~I.lj(}I)
S,l" unplm Illcnt.
3. Ohligations to Citizens. No J)ubli,' official shall grant any special consideration. treatment or
advantage to any citizen heyond that which is availahle to every other eitizel1c:\<;"PJ;!?Plh,:rl\i,<;
E. Conniet of Interest. NCU)ublic uflicial. whether paid or unpaid. shall engage in any business or
transaction or shall have a financial or other personal interest. direct ur indirect. which is incompatible
with the proper discharge ofthatJ.).~blic:(,m<;iaG...ot1ieial duties in the puhlie interest or would tend tu
impair independence of judgment or action in the performance ofthatpuhlic "t"ficial"s official duties.
Personal. as distinguished from financial. interest includes an interest arising from blood or marriage
relationships or close business or political association.
Specific conflicts uf interest arc enumerated belO\, for .,guidance ~
I. Incompatible Emplovment. No employee shall engage in or accept private employment or render
services for private interests when such employment or service is incompatible with the proper
discharge of that employee's official duties or would tend to impair independence of judgment or
action in the performance of that employee's official duties.
2. Disclusure of Confidential Informatiun. Nu ,['uhtic...QIli.<-iuL. shall. without proper legal
authorization. disclose confidential information concerning the property. government or affairs of
the City. Nor shall any.['l!blic {lllicial use such information to advance their financial or private
interest. or the fInancial or private interest of others.
3. Gifts and Favors. Nu,r'llbLi~:.\'l1i<;j~lshall accept any valuahle gift. whether in the form of service.
loan. thing or promise. from any person. firm or corporation which to their knowledge is
interested directly ur indirectly in any manner whatsoen:r in business dealings with the City: nor
shall any such empluyee ( 1) accept any gift. favor or thing of, alue that may tend to influence the
employee in the discharge of their duties. or (2) grant. in the discharge of their duties. any
improper favor. service or thing of value.
4. Representing Private Interests Before Citv Agencies or Courts. Nu employee whose salary is
paid in whole or in part by the City shall appear in behalf of private interests hefore any agency of
the City. An employee shall not represent private interests in any action or proceeding against the
interests of the City in any litigation to which the City is a party. unless the employee is
representing himself/herself as a private citizen on purely personal business...T'S'- C1pL'()..i.l.1h:Q
ot"liclal sball rq)rc;.,'nl a ,'Iien! lor hirc bcJ(Jrc the' bU'lId.'2L ull11missioll til I\hich Ilwl \,t"lieial Is
aprointcd PI' in :JI\: :JClion (\1 proeecdinc' he for,' ;lLJ(\ItJ>:r .1).1,;11(1. cilmml,sjl'11 PI' the' (111 C'ounejJ
Page 2 01'4
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: Delle:ted: employee
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NO,pllbliC:ClCUc:i,rl shall accept a retainer or compensation that is contingent upon a specifIc action
by .llh:J.'ity~
5. Contracts with the City. Any JJllhU\:(llli,:iaI who has a substantial or controlling financial interest
in any business entity. transaction or contract with the City. or in the sale of real estate. materials.
supplies or services to the City. shall make known to the proper authority such intercst in any
matter on which that Jlllbljc ol'lkial may be called to act in an ot1icial capacity. The J1ubiic
omcial shall refrain Irom participating in the transaction or the making of such contract or sale.
A.JJuhlic omcial shall not be deemed interested in any contract or purchase or sale of land or
other thing of valuc unless such contract or sale is rce\"1llI Ik'lllkd. apprO\ed. awarded. entered
into. or authorized by thq)LlIllic\lIJi,:iltJ in an ot1icial capacity.
6. Disclosure of Interest in LeS!islation. Any employee--'lL1I'D'iill,;<,L<,i"llci;J] who has a fInancial or
other private interest. and who participates in discussion with or gives an otllcial opinion to the
Council. shall disclose on the records of the Councilor other appropriate authority the nature and
cxtent of such intcrcst.
F. Political Activity. No employee in the administrative service shall use the prestige of their position in
behalf of any political party. No employee in the administrative service shall orally. by letter or
otherwise. solicit or Ix in any manner concerned in soliciting any assessment. subscription or
contribution to any political party: nor shall an employee be a party to such solicitation by others: nor
shall an employee take an active part in political campaigns for candidates while in the performance
of duties in an official capacity.
No ..[Hlblic "l"Ilell1l ,:;hall promlsc an appointment to any municipal position as a reward for any
political activity.
I G. Applicability of Codc.:_JJ)I.rJ.\':.c:c:j. When an employee has doubt as to the applicability of a
provision of this code to a particular situation. they should apply to the City Administrator. who is
charged with the implemcntation of this code for an advisory opinion. and be guided by that opinion
when given. The employee shall have the opportunity to present their interpretation of the facts at
issue and of the applicable provision(s) of the code before such advisory decision is made. All such
requests lor advice shall be treated as confIdential. This code shall be operative in all instances
covercd by its provisions except when superseded by an applicable statute. ordinance or resolution.
and each statute. ordinance or resolution action is mandatory. or whcn thc application of a statute.
ordinance or resolution provision is discretionary but determined to be Illore appropriate or desirable.
(,i"llei,iI \)1 ,J!] elected
\.'1'j 1 c i d I Illi:i_\J\2l.I.I:>Lll.:::.J.'LJbc:.-iilldi ,~I!b iJU:...i.>l.0....rI.,-"J.::-iilLUI.Lilil:i.s.'!.\LC:J.'!..lLj11r1tLc:.I.I.IL\L..:'.!.lU.0JjS"-.\b.c:).
'f1(JI.Ji,LXip.l2i.u\l._ti.!c: ( . it.>. .UllIJKU.JQr..ll..0.c:h: l])1i11;1.1 il-'-ILIU<,:--,,-,-ilj.,~II1L::-~:c:.hil}g,il.ili:l-,':Lmilld.\i,2I.L::-.Ililll.i.E!\c:
the upportunit\ tl) Plc'sent Im\ lileh the\ ,kem rck\allt tu th,.: dCllTlIlinati\\iI. Tlll'\ ,hall ab" ha\c the
Uj1fJor1l1llit\ t" prescnt am ar~lIment the\ nw\ .ltll'-,_Il"-!lI\\.i.lat.the.> deem an approfJriak
de[,:rLl21D'-lljoIlHJ.hc:C:it) COlltlci,. Ihe \1a}ur
t(l.ill.9.\.LJ~.,lU'-l~b.i:::'<'I.:.\'l'i!ll' '11J-'ClS,'(LUD'!.lll1Ic:J.il<;L'-m:<;~,m~,il~.jJl~,i.c:t,JJllill,IU(\ll(}LII),:_(jt.>.lo()\I'l,:iJ
'1' tu thc IIPplicllbilillJ!J ,lillQlis.ioll \li'lhis ('\)L1e hI a PllniclIL1J .,itUlltiul1 shall hc' IIJ.HL
I <
Page:; of4
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!()r ~'C "h~~ll.Jnl'(Ul \ )111': .\\hO i_" hirl...'d and
".llilr\ hl \\(Xrk 1(>rtll~:..\iiy{)ihC:Ltllitll,:lcllecl nf!ielll!,.
..._2). ,\]11'() t nt~)lJl."I':ll J''l:j1Ic:mlrJl()~C:.2....l)Ltlli\'c'l'1i.<)Jh.lbc'J\'!:rll:.:iiI11~lim.c:d. (JITi e i <I C. s h;lJL1J.l.t,:':lJl a
pLTsnn who i'will'.i.ntedl<l...:'C:CH' (11] one ()l'the ( il\', h"ilrd'.0..J:_C:i,111JIl:U.ssilH1'-.J.Ud shall ilj,;() I1lCiiln.1b.e
..m}]
h) the ICiQlslelecl \uters >lIb, ( ,t).0J.._\."blilt1<Jl()':t,:I\c' ,liidILiJc'lude:
C(IUI1Cilur'-"-.Ul" eit' 1\'q\rder.lhi:.lJ1unieipal iudl!c' ilnd the l2ill:h,-_c:\\ml11i~8..t>ill'J~
1 Sanctions. < Violation
b;JIC:Jr~L shall constitute cause for disciplinary action.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the _ day of
,2006,
and duly PASSED and ADOPTED this _ day of
,2006.
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2006.
John W. Morrison, Mayor
Reviewed as to form.
Michael W Franell, City Attorney
Page 4 of 4
I >
Deleted: fI
Deleted: \' lolallon of anv prll\ lSltll1$ uf
thIS code should raIse cunsclcnllOllS
qUCS(lO!lS for the emplo\ ee concerned as
to \\. lether \ olul1tarv rcslgn<J.tlOll or other
actlCll 15 IIldlcated to promote the best
of the (It v
Comment [COMMENTl]:Usetl)e
following wof'ding on ordinances tliat
are not mailedtQcouncil members
prior to the counqil meeting;
The foregOing ordinance wasflrst
READ on lhe,--- day of
, 2001, and
dul) PASSED and ADOPTED this
day of , 2001,
Deleted: FILrN\Mrp
G "'1t'gal\,!\.11ke\Urdlnances',ElhlC~
\menJments Urd -
2docG ',leg31' \fd.,c'Ordinanccs.,Ethlcs
AmClldmt'nlsduc
DOCUMENTS SUBMITTED AT THE
JANUARY 2, 2007
REGULAR COUNCIL MEETING
Citizen Speaker Request Form
Please complete this form and return to the City Recorder.
THIS FORM IS A PUBLIC RECORD
ALL INFORMA nON PROVIDED WILL BE MADE A V AILABLE TO THE PUBLIC
Meeting Date: ~~61
SUBJECT: I" "\l\-(..){"\ IJ;p ( f Y) ( I y~ CA. ( <;, '>
AGENDA NUMBER (if on tonight's agenda):
LAND USE HEARING (Please check one): FOR:
AGAINST:
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ADDRES& (no:P.O. box):
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PHONE NUIY.t:BER: '
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IF YOU WISH TO ADDRESS THE CITY COUNCIL:
1. Please complete this form and return it to the City Recorder.
2. Address the City Council from the table podium microphone.
3. State your name and street address for the official record.
4. Please limit your comments to 5 minutes, unless otherwise instructed by Mayor.
5. If written documentation is presented, please furnish one copy to the City Recorder for the
official record.
'..
IF YOU WISH TO SUBMIT WRITTEN COMMENTS TO THE CITY COUNCIL:
1. Please complete this form and return to the City Recorder.
2. Written comments will be part of the official record.
Citizen Speaker Request Form
Please complete this form and return to the City Recorder.
THIS FORM IS A PUBLIC RECORD
ALL INFORMA nON PROVIDED WILL BE MADE A V AILABLE TO THE PUBLIC
SUBJECT:
4V\\V\AaJ. -rf-~
Meeting Date: / - :2 -c) 7
AGENDA NUMBER (if on tonight's agenda):
LAND USE HEARING (Please check one): FOR:
AGAINST:
WRITTEN COMMENTS:
( IJOOC- ~d)
fr
~ t/~ a11~~~~
IF YOU WISH TO ADDRESS THE CITY COUNCIL:
1. Please complete this form and return it to the City Recorder.
2. Address the City Council from the table podium microphone.
3. State your name and street address for the official record.
4. Please limit your comments to 5 minutes, unless otherwise instructed by Mayor.
5. If written documentation is presented, please furnish one copy to the City Recorder for the
official record.
IF YOU WISH TO SUBMIT WRITTEN COMMENTS TO THE CITY COUNCIL:
1. Please complete this form and return to the City Recorder.
2. Written comments will be part of the official record.
r [
/ - ~ - 07
Honorable Mayor, members ofthe City Council, and City Staff:
My name is Ron Hulteen, and I reside at 87 Granite St., here in Ashland.
i.. First, I would like to commend you for considering this ordinance. I believe that it demonstrates the
degree of compassion and respect tor living beings that the people of Ashland have come to expect
\ from their civic leaders.
· Before I came to Ashland, I served on a City Council for a city in the San Francisco area that was 6
times the size of Ashland. Our police department, not the county, had purview over animal control in
our area.
We looked upon animal control as a public health matter. In your deliberations, keep in mind that
an abused animal may become a danger to people. Neglected animals can spread disease. As
sociologists and criminologists have noted, a person who abuses animals is much more likely than
non-abusers to commit violent acts against people.
· By the way, those of my Counselor colleagues who voted for the welfare of animals tended to be
the same ones who were most sensitive to the needs of the citizens and not just to developers and
other narrow special interests.
As for this proposed ordinance, I recognize the basis for Staff's concerns about enforcement;
I however, in my experience with city government, in working 15 years ago with our police force in
implementing "Community Policing" in my city, and as part of Ashland's volunteer police for 4
years, I think that such concern can be mitigated. Passing this ordinance does not mean that the police
must actively seek enforcement, but simply that they are able to effect enforcement. In other words,
!\.. they simply have another tool in their hag. For example, when we passed a youth curfew ordinance, it
was understood that the police would not spend time going after violators, but that the law provided
"probable cause" to deal with potential youthful offenders late at night.
t. Interestingly, we often found that citizen complaints about animal abuse or neglect led to the police
, finding meth labs, which often went hand-in-hand.
I want to express my disagreement with Staff for excluding cats from the space requirements. I
understand the infeasibility of enforcement indoors, but the exclusion of cats leaves the door open
for a cat to be imprisoned inadequately outside a house.
In conclusion, I hope that you will listen to the concerns and experiences ofthe many volunteers
who are here or who have written to share stories about what they have found out in the field.
Thank you again for your consideration.
~t.~
Citizen Speaker Request Form
Please complete this form and return to the City Recorder.
THIS FORM IS A PUBLIC RECORD
ALL INFORMATION PROVIDED WILL BE MADE A V AILABLE TO THE PUBLIC
~~Ol
Meeting Date:
SUBJECT:
;671vu7J
AGENDA NUMBER (if on tonight's agenda):
LAND USE HEARING (Please check one): FOR:
AGAINST:
NAME '
S'~ ,'~,J/<t 'S":A'NDt;.,'
. . -( ,'\ '-.- ..i' , ~ ,"':-. '
, '. (l>leasepririt) ,
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ADDRESS (no P.O. box):.
PHONE NUMBER:
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IF YOU WISH TO ADDRESS THE CITY COUNCIL:
1. Please complete this form and return it to the City Recorder.
2. Address the City Council from the table podium microphone.
3. State your name and street address for the official record.
4. Please limit your comments to 5 minutes, unless otherwise instructed by Mayor.
5. If written documentation is presented, please furnish one copy to the City Recorder for the
official record.
IF YOU WISH TO SUBMIT WRITTEN COMMENTS TO THE CITY COUNCIL:
1. Please complete this form and return to the City Recorder.
2. Written comments will be part of the official record.
Citizen Speaker Request Form
Please complete this form and return to the City Recorder.
THIS FORM IS A PUBLIC RECORD
ALL INFORMA nON PROVIDED WILL BE MADE A V AILABLE TO THE PUBLIC
Meeting Date:~
SUBJECT: Cl.m ivat ~:\fIu \.\'''] 0( cht,\()j)cL
AGENDA NUMBER (if on tonight's agenda):
LAND USE HEARING (Please check one): FOR:
AGAINST:
. ,
NAME ~ Ene., '!e.nkJv\~'.
,(pleaseprint) < .,' '. .
ADDRESS (no P.O. box): )1) , MorSLNrnve.,"
PHONE NUMBER: 51\-\. tf&, ,,~z.qf>
....,\ '. -: ~ .'..
,.\ .
',.f ',.'.'
~ .. ~"
',~
,,'
IF YOU WISH TO ADDRESS THE CITY COUNCIL:
1. Please complete this form and return it to the City Recorder.
2. Address the City Council from the table podium microphone.
3. State your name and street address for the official record.
4. Please limit your comments to 5 minutes, unless otherwise instructed by Mayor.
5. If written documentation is presented, please furnish one copy to the City Recorder for the
official record.
0F YOU WISH TO SUBMIT WRITTEN COMMENTS TO THE CITY COUNCIL:
1. Please complete this form and return to the City Recorder.
2. Written comments will be part of the official record.
January 2, 2007
Mayor John Morrison
Ashland City Council
Dear Mayor Morrison,
Thank you for putting laws on the books that address animal welfare in
Ashland. My wife and I moved to Oregon from Virginia just over a year
ago, and we believe that the residents of Ashland can definitely improve
upon the way they treat their pets.
I have a specific example for you which, so far, has been very
encouraging. An elderly dog in our neighborhood was left outside on her
owners' front porch one very cold night in December, and my wife called
the Ashland Police Department for help. The ovemight low was expected
to drop to 20 degrees, and this dog had no doghouse or shelter from the
elements. The Ashland police officer-we don't recall his name, but we
are very grateful to him-responded promptly to her call, and we are very
pleased to report that the dog has not been left outside by the owners at
night since we called on December 18, 2006.
These cases do not always end positively, and it has been gratifying to
see that with a gentle nudge in the right direction, the residents of your
great town can and will put more thought and consideration into how
they treat their pets.
Perhaps the owners' oversight was unintentional, and their dog's well-
being and comfort was not weighing heavily on their minds. Regardless,
neglect is still neglect, and an animal should not suffer because the
owners just weren't thinking about them. Caring for pets properly always
requires thinking of them, similar to caring for children; like children,
pets depend on us for protection, and they do suffer from heat, cold,
starvation, sadness, and anxiety. Careless and lazy pet owners can
effectively be cured of their behaviors by being legally required to put just
a little more thought and effort into their daily routine. Our pets deserve
nothing less.
I hope you will tell the people of Ashland that animal neglect and cruelty
will not happen on your watch; that owning a pet means caring for that
pet appropriately, which does not include leaving them outside in
extremely cold or hot temperatures, tying them to a stake in the yard, or
failing to give them food, water, care, attention, and sufficient space to
move.
As our recent call the Ashland Police Department indicates, the people of
Ashland can do much better if they simply work at it.
Thank you for your efforts.
Eric Jenkins
Ashland, OR
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December 27, 2006
Mayor John Morrison
Ashland City Council
Dear Mayor Morrison,
I am a new citizen of Ashland, and I am pleased to hear of the upcoming
hearing regarding the limitation of dog tethering in Ashland. I strongly
feel that the way a community treats its animal family members is a fair
indicator of the people who live in that community. I believe that by
changing the behavior of your citizens, you will be creating a better
Ashland citizen-a kinder, more enlightened, more humane, and more
responsible individual who practices greater community awareness and
concern.
Tethering is a cruel and neglectful act. Pets left outside unsupervised are
subject to a host of dangerous and sinister possibilities. Many tethered
animals have accidentally strangled themselves by becoming hooked on
fences, falling off of decks, etc., especially when they become anxious and
try to escape a loud noise, a storm, or other frightening experiences.
Tethered animals have no means of escape from blowing objects, such as
lawn furniture, when winds pick up, and they can be seriously injured.
In addition, tethered animals are subject to cruelty, teasing, and torture
from inhumane people. Dogs, by nature, are pack animals, and are very
likely to howl, bark, or whimper when separated from their "pack" (which
dog owners become when they take a dog as their pet). Irritated
neighbors have been known to take matters in their own hands to
"silence" the neighbor's dog-pulling out their rifle, or throwing the dog
some food item coated with anti-freeze or other toxic substances, leaving
the dog to die a painful, torturous, and totally unnecessary death. If the
dog were not left out unsupervised to begin with these scenarios would
not and could not occur.
Owning a pet is a privilege, not a right, and with all privileges comes
responsibility. It is a pet owner's responsibility to provide for their pet, at
a minimum, food, water, shelter, veterinary care, and walks or outings
that address their bathroom needs. The solution is not to tie the dog out
so that the owner is absolved of that last responsibility. If the owner
cannot be home to let their pet out, then other options include coming
home from work during lunch to let the dog out and back in, asking a
trusted neighbor to let the dog out and back in, or obtaining a pet walker
to care for the dog.
Of course, the most important thing we provide for our pets, which they
give back to us immeasurably, is the pleasure and joy of their
companionship. I thank you heartily for realizing the amazing addition
they are to our lives and to our community, and providing for them the
legal protections they deserve. I ask that you please include all
domesticated animals in the law governing tethering, including horses
and goats, and provide protections for cats as well so that they must not
endure a horrendous life of restraint and confinement. Please ensure
that cats have a minimum living space of 150 square feet.
There is a common-sense approach to pet ownership, and I strongly
believe it to be the best approach. It is ... "if it's uncomfortable (too
hotjcoldjwindyjrainy) for me, then it's uncomfortable (too
hotjcoldjwindyjrainy) for my pet."
If the citizens of Ashland are encouraged to approach pet ownership in
this manner, then everyone in Ashland will lead a happier and healthier
existence-especially our beloved pet family members.
I thank you for your kind attention, and I wish you and yours a lovely
holiday season.
Sincerely,
Mrs. Cicely Jenkins
Ashland, OR
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Sylvia Calderwood
28104 Spencer Creek Road
Eugene OR 97405
I am here because you are considering implementing new regulations for the ~
control of animals. I am both an active member of the Eugene Kennel Club and an
active member of the No Kill Community Coalition. In July, Nathan Winograd, an........ ~
ex- California district attorney, ex-Director of San Francisco SPCA, ex-Director of ~1' iJI
Tompkins County SPCA, now lecturer and author- came to Eugene to help end the ~ '&
killing of animals at our local shelters. He brought with him, a philosophy so new .~~
and so impelling that it caused all animal factions of Lane County to come together.
In our group are breeders, rescuers, shelter directors, and animal lovers of all
walks of life. In Lane County, we are making things happen, and they are
happening without new legislation and without opposition. The Lane County
commissioners have on their agenda for this month, the proposal of a No Kill
philosophy for Lane County.
Basically, there are two kinds of thinking. One, that people are innately bad and
only conform to societies wishes through legislation and police action. The other
that people are good and only need information and education to do the right thing.
The Humane Society of the United States, assumes the first that people need
policing; that people must be forced to take care of their animals properly. But, the
HSUS also believes that people should not own animals. In fact, Wayne Pacelle,
director of the multimillion dollar animal rights agency, does not own an animal, not
even a goldfish. Nathan Winograd, of the No Kill Solution on the other hand, owns
many pets. He teaches that there are many compassionate individuals in each
community to help with animal issues, without the need for new legislation or the
need for more money.
Nathan Winograd says:
"Some animal control laws save lives - such as those that punish animal abusers,
dog fighters, and those who neglect their pets. Other animal control laws and
regulations, by contrast, are not always good for animals. In the case of pet limit
laws, cat confinement laws, laws making it illegal to feed stray cats, and laws that
provide arbitrary authority for animal control officers to seize pets they deem a
"nuisance," they often result in an increase in shelter killing."
When I did research to find plausible scientific proof that tethering was harmful to
dogs, I found this:
"We've seen lots of recommendations in ordinances and
commentaries on tethering, but so far no one has been able to produce
the corresponding data to support those recommendations. My suspicion is
that the recommendations are based more on what "seems reasonable" then
on actual data.
'" ,
I .,
Gail C. Golab, PhD, DVM, Associate Director, Animal Welfare, American Veterinary
Medical Association
I urge you to not change your animal control laws. I urge you not to make people
choose between someone's idea of lithe correct way to keep a dog" vs a person
doing the best they can. Everyone deserves to own a dog, even if they can't afford
expensive fencing. The laws that have been proposed to you, insure that many
animals will be abandoned or dumped at the local shelter.
If the laws you propose are enacted, and you select people other than your
authorized animal control and police force to enforce these laws, I see many, many
hours of litigation in your court system.
Regarding the reporteu distress of animals confined to crates, this is
fromMargaret Shunick Douzebou BA, BA, MS Turits Center for Animal and
Public Policy, Arlee Montana
not sure how helpful this is:
Passive Inhibition of Dominant Behaviors In Canines
Abstract
Dog bites to human household members are a problem in the US. Because
dominant (i.e., controlling) behavior in dogs has been associated with
aggressive (i.e., attacking) behavior, this study investigated ways of
preventing pet dogs from acquiring dominant behaviors toward humans.
Thirty-two pet puppies (7-16 wks old) were matched for behavioral traits and
were assigned either to a management group, in which owners used
scheduled feedings and a crate for housebreaking, or a control group. After
12 wks, multiple regressions of 50 common canine behaviors on initial
temperament scores and group assignment suggested that managed puppies
may exhibit significantly fewer controlling behaviors in several areas.
The crate in this study was part of a management program to suppress
(passively inhibit) dominant behavior in juvenile puppies. As you surely know,
crates are great management tools.
Another thought that might help you make your case against the perceived
cruelty of confinement is the idea that domestication has altered the nervous
system of our animals. They are adapted to human households and, unlike
their wild progenitors, do not stress over close association with people.
(That's Belyaev's foxes!)
Let me know how it goes tomorrow! Peggy
http://news.seppald:-.kdc10l!.:-> ,-ulll/blogl000031.html
SledDogBlog
A journey with sled dogs through the treacherous trails of the postmodern era...
(( old dogs I Main I old friend, old dogs... ))
September 30, 2003
Kennel Maintenance
One of the ongoing chores of sled dog kennel maintenance is upkeep of the dogs' stakeout gear.
Sled dog kennels in North America are almost invariably "colony style" with an individual
doghouse for each dog. The dogs are tethered with a post, swivel and chain; a snap on the end of
the chain attaches to a ring in the dog's collar. Tethered in rows with no fences except perhaps on
the outer perimeter, the dogs can interact with their neighbours when and as they choose; fights
rarely occur and each dog has his own territory where he can eat and sleep undisturbed. What is
more, the dogs' owners and care-givers have free and easy access to each dog at all times,
quickly, without opening and closing gates.
Those who know nothing about sled dogs condemn the colony system as "cruel" because the dogs
are chained. It is to laugh! Sled dog psychology is such that dogs in "humane" pens and runs are
less happy than those chained on stake outs, because the penned dogs see a barrier between
themselves and the rest of the world, while the chained dogs do not. Fence-fighting between dogs
in adjacent runs is common. Penned as the French do it, "en meute" (as a pack), sled dogs will
accumulate a mass of scars from constant fighting, while the unfortunate dogs who are lowest on
the social hierarchy can never escape from their persecutors.
The colony dogs at Seppala Kennels bask in the sunshine, play with their neighbours, sit and
watch birds, sleep in their dog houses -- and go nuts when they see something exciting like a
squirrel or a rabbit. Also every day at supper time! When they run back and forth or around and
around on their stake outs at full tilt, chains and snaps take a lot of wear and tear. Hence the need
for stakeout gear maintenance every spring and fall.
Here's a chain worn so thin over the years that there seems little doubt that in another month, it
will just go "ping" when the dog hits it. Several snaps have badly worn swivels and attachment
rings. Our snaps are special: we brought back from Europe some "mousquetons de securite"
made in France. They look like this. These incredible snaps, made of hardened steel and bronze,
are impossible for a dog to open. They offer absolute security and unbelievable wearing quality. 111
most dog yards, snaps last for a few months, but some of these snaps have endured continuous
use for over ten years. We have a welder friend build up the wear points on swivels and loops
when they have finally worn nearly through, and they then last for another two or three years I But
they aren't available in North America, at least not anywhere we are aware of. Common in France,
Andorra and Spain, these superior-quality snaps are virtually unknown over here. I saw some
once in a kennel in New Brunswick, but the importer had stopped bringing them in. (Can anyone
help us find a source? We could really use a dozen new ones')
As I go about my "blacksmith" work, lifting swivels out of the steel pipes in which they sit,
cutting away worn chains with the bolt-cutters, hammering on split-links and cold-shuts to install
replacement chains and rebuilt snaps, the kennel dogs sit in fascination, watching my every move
with eyes glistening brightly. Their pleasure at having me working beside them in the kennel is
obvious. As I move among the stake outs checking their gear, I pause to notice individual dogs.
Even the wildest, most bumptious males like Haakon, Pavel and Pyotr will calm down, put their
ears down and give me shy little kisses when I kneel down to fluff the fur of their ruffs and scratch
beneath their collars. It is a happy time both for me and for the dogs. They know I'm working for
their welfare and comfort, and it's obviously appreciated.
Mary Anderson
P.O. Box 5374
Central Point, Oregon
Laws and watchdog groups are hard to make work properly
I am not in favor of Ashland's proposed ordinance of tethering, size of
kennels, euthanasia, and on volunteers to enforce such ordinances, which is
so open to interpretation and mood that could go beyond the scope of the
ordinances and also violate not just the animals rights, but also the human
rights.
Acceptable solutions can work as long as the public is aware of a problem
and then shown how to make adjustments. Years ago, you didn't see
people jogging on the streets. Now you see them an the time, because
people started to realize the health benefits, through public education
I'd like to mention that there comes a time to consider what is responsible
pet ownership.
1. Tethering and kennel size. Making sure that they are well cared for, both
when you are with them and when you are away. Crating really is a
protection of both the animal and your possessions. Animals that are
trained to "crate" do not "suffer intensely" or "have a horrible life", because
they do not spend all their time in crates.
2. Euthanasia. There comes a time when an animal has to be "put down".
For responsible pet owners, this is an especially bad time. Ms Rosen does
not address times when an animal becomes vicious, due to some emotional
problem. But it happens.
3. Abandoning. This is done usually at night or in secret. How is this to be
enforced?
4. Volunteers for enforcement. Not even considering Constitutionally
guaranteed rights, what about personal privacy rights? Are these to be
ignored too? Fact of the matter, there are groups of volunteers that have
been working for years for the protection of pets, dogs and cats, horses
goats rabbits etc.
So, it goes back to my earlier statement. PUBLIC EDUCATION is one way.
We have the media, RADIO, NEWS PAPERS, SEMINARS, and DOG SHOWS,
where people can be educated in the acceptable ways to care for their pets.
Most care greatly for their pets, In a recent article in the Mail Tribune,
American's spent 36.3 billion dollars on their pets, so most people care.
So now lets help show the pet owners how to exercise their animals, for
health reasons, crate them for their safety and protection, use tethering
again for their safety and protection.
Thank you
Mary Anderson, member of the Emerald Empire Shetland sheepdog Club
and an animal lover, and involved with animal rescue.
Kathy Ettinger
1584 Jasmine Ave.
Medford, Or. 97501
I wish to state my opposition to your proposed dog ordinance Chapter 9.06 Ashland Municipal
Code Prohibiting Certain Cruelty To Animals.
Concerning tethering of dogs for no more than one hour and up to 3 times a day. How are people
supposed to contain their dog when they work, if they do not have a fenced yard. Also, there are various
dog groups like dogsled and hound people who tether their dogs humanely and have done so for many,
many years. When a dog is tethered correctly there is absolutely no stress placed on a dog. Correctly
means providing shelter, water and food when needed. There are many reasons for tethering a dog; like
fence jumpers or fence diggers. Sometimes with dogs that do these things, this is the only way to contain
them.
As to adequate kennel space for a dog. Your ordinance requires 97 square feet (150 square feet as
the author of this ordinance wants). A dog really doesn't need this much space as when kenneled, most
dogs just go to sleep and wait for their owners to return. Besides what would a Chihuahua, Yorkshire
Terrier or any other small dog need with 97 square feet? And how about the dogs that are indoors all day
that have less space than that. Or does this only discriminate against dogs that are left outside when
owners are gone. The safety of a dog that has access to outside has the ability to protect himself from being
trapped in a house during a fire. This ordinance would prevent this. Or does this ordinance just want to
discriminate against those people who work to support owning their pets and then by such keep them
outdoors for their own safety during the day. By invoking this ordinance you may prevent the very worst
but you may also take away from the very best owners their most precious possession.
Contrary to belief dogs do not need to exercise 75% of the time. There are some breeds of dogs
that this much exercise would truly do harm to them. And as to the 90 minute dog walks; how is this to be
monitored? Unreal.
Also euthanasia is not a bad thing. Temperaments play into whether a dog should be euthanized.
In our society there is no place for an aggressive or fear biting dog.
Dogs that are properly crate (small travel carriers as identified in your ordinance) trained, do not
suffer intensely when placed in them. If dogs are given the choice, they will readily seek out a crate to rest
inside all on their own. According to authors Betty Jo McKinney and Barbara Riesburg (authors of Sheltie
Talk) crates offer a great deal of security in having a familiar place to rest. They are an invaluable aid to
housebreaking. Also while traveling in a vehicle, become a dogs seat belt protecting the dog from a sudden
stop or an accident and preventing the dog from jumping out of the door when you stop. The crate also
keeps pets from interfering with the driver while driving on the road.
On having volunteers to inspect outside facilities. Number one, the liability would be
astronomical alone. Also the fact that one persons interpretations of this ordinance can be misconstrued to
his or her own belief during an inspection which could inadvertently cause more harm than originally
intended good.
And as to the statement made in the Medford Mail Tribune December 26, 2006 edition, that
applying this ordinance county wide. Jackson County Animal Control staff is already over worked. County
budgets could not absorb the costs to apply this ordinance. This ordinance would adversely effect the way
boarding kennels, catteries, breeding kennels, catteries, shelters, groomers, and veterinarians car for
animals.
Respectfully submitted,
Kathy Ettinger
American Shetland Sheepdog Association, Emerald Empire Shetland Sheepdog member
Dog trainer, dog groomer and animal lover
Carolyn Cannon
C- Myste Corgis
PO Box 1075
Gold Hill OR 97525
Vice President: Northwest Cardigan Fanciers
Recording Secretary: Southern Oregon Kennel Club
Board of Directors: CorgiAid Inc
Member Cardigan Welsh Corgi Club of America
Member of the rescue committee
Administrator and moderator of corgi-
l(a~listserv. tamu.edu
Those who know me know that I am passionate about animal welfare. I have been active in purebred dogs for
some 35 years, 25 of which have been in Jackson County. Over the years I have been involved in several
different breeds, from long-legged desert-loving Ibizan hounds down to my short-legged tough little corgis. My
husband and I currently live with several corgis, most of whom are finished champions, four of which sleep in
our king-sized bed with us every night. Our dogs are truly "family members." My oldest Cardigan is currently
13 and my youngest is just 6 months old.
Several things concern me about the proposed ordinance. Because of my years of experience with different
breeds, I know that dogs' requirements are not "one-size-fits-all". While 97 square feet of space may be
marginal for a Great Dane, it is more than is needed for a chihuahua. There are giant dogs who are calm and
need little space, small active dogs who need a lot of room for their exercise needs, and every other combination
of energy level and size. I also don't see that the issue of multiple animals sharing a space is addressed. Will
two small dogs be allowed to share the 97 square feet, or will someone be expected to have 194 square feet or
more for two toy poodles.
Next, I see an issue with the amount of exercise-time and walk-time suggested in the ordinance. Does 75% of
the time mean 18 hours per day? From my experience a majority of dogs sleep about 22 hours per day. A 13-
year-old Cardigan is going to be physically incapable of walking 90 minutes per day, or even for 30 minutes at
a stretch. Puppies young enough to not have their full round of shots should not be walked outside of their own
yard at all.
Ibizan hounds are uncomfortable in any temperature below 45 degrees. Cardigan Welsh Corgis go out in 25
degree temperature and jump into water troughs, breaking the ice as they do so.
I have a friend who is an attorney in Albuquerque NM, where recently the H.E.A.R.T. ordinance was passed.
This ordinance is so poorly written that a person who accidentally runs over a skunk or an opossum in the road
can be charged with cruelty. I'm sure that you will agree with me that nobody runs over a skunk intentionally.
I ask that the exact wording of any ordinance which is passed by carefully considered for possible unintended
ramifications.
I believe that if adopted, that the ordinance proposed would be impossible for the city to enforce with current
staff. An unenforceable ordinance is no better than no ordinance at all. The thought of a private-citizen
vigilante patrol spying on the dog-walking practices and timing their neighbors with a stop watch is more than a
little scary.
I read the transcript ofthe interview of Nicole Hurley, which was previously submitted to tht~ council. The dog
in this case was not properly socialized with humans. This was not a result of his being chained, although his
living on a chain could have been due to his inability to properly interact with humans. His situation would
have been no different in a pen. What is needed is to educate the public on how important early socialization is;
some breeds in particular need a lot of human interaction in the early weeks. This lack of socialization is
extremely difficult to overcome once the puppy leaves his first family. As a moderator of corgi-l and as a
rescue volunteer I see family after family who bring home a 6- to 8-week old puppy, and then cry for help a few
weeks or months later when the puppy has no bite inhibition and is terrorizing the children.
DavidK. Caldrewood
28104 Spencer Ck. Rd.
Eugene, Oregon 97405
January 2, 2006
To the Ashland City Council,
I am a retired Professional Dog Handler and now a Judge for the American Kennel Club. Because
of my profession and involvement in animals, I've been able to follow the growth of the modern
American extremist animal rights (AR) movement, practically from it's inception. I feel I can give
information that will shed light on the agenda of this movement.
Ordinances like this one in Ashland, have been proposed in many areas of the United States --
from Eugene -- with it's 2003 LCARA Task Force Report, to California, Kentucky, Virginia and
other places. You can read one and you'll basically know what each of the others contain. These
ordinances have had a common theme as if they've come from a common source. The truth is--
that they do have a common source. They've come from Animal Rights organizations promoting a
political agenda to unknowing but caring animal lovers much like people here in Ashland.
The conclusion of many people that oppose these type of ordinances -- is that the AR
organizations are trying to make it more and more expensive -- and -- more and more difficult --
to own domestic animals.
All the information I'm going to give you -- can be verified if you wish to do the research and I
urge you to do so.
I'm sure you've all heard of People for the Ethical Treatment of Animals (Peta). Their name is not
only misleading but while complaining about the "unethical" treatment of animals, Peta killed over
14,400 dogs, cats, and other animals" -- at its headquarters from July 1998 through the end of
2005. They have one of the highest "kill" rates in the nation.
http://www.petakillsanimals.com!index. cfm
Most of us also know them because of their picketing of restaurants like Kentucky Fried Chicken
while dressed up like chickens -- or the stories of them throwing paint on people wearing fur
coats. They've promoted drinking beer rather than milk and run around naked to get attention.
Lesser known is Petals financial support for domestic terrorism (among other things) through
giving many thousands of dollars to the legal defense funds of those eco-terrorists facing trail.
http://www.consumerfreedom.com!oped _detail. cfm?oped= 145
The Humane Society of the United States (HSUS) supports ordinances such as the one here.
There are strong links between Peta and the HSUS. Many HSUS employees have also, at one
time, been employed by Peta. The HSUS also has the same goals as Peta, although the HSUS
goes about it in a much more intelligent manner.
Also, the HSUS does not run nor is it affiliated with any animal shelters. In other words it's not a
"Humane Society" -- it's an extremist AR group.
http://www.activistcash.com!organization _overview .cfm!oid/136
This is from an article printed in "Dog News", vol 11 issue 6, Feb, 10.1995. pg 82...titled "HSUS
-- A New Direction for animal Rights Activism". by Lee Wallott.
The HSUS has consistently portrayed itself as a moderate animal welfare or animal protection
organization, carefully hiding its true dedication to the advancement of the radical animal rights
movement.
Wayne Pacelle is a former director of Fund for Animals and Peta employee, who has joined
(HSUS) as vice-president for government affairs and media (he is now the President of the
HSUS).
Here are some Wayne Pacelle quotes:
"HSUS may differ (from other animal rights groups) in tactics, but not in ideology. "
"HSUS new strategy for accomplishing it's goals are "....working through the courts, the
legislative process, mass education and the media, our decisions to enter into electoral activities
(politics) and major lobbying activities is an affirmation of our commitment."
"We need to make animals a part of the political agenda. "
One final Pacelle quote from Animal People, May, 1993 -- "We have no ethical obligation to
preserve the different breeds of livestock produced through selective breeding. One generation
and out. We have no problem with the extinction of domestic animals. They are creations of
human selective breeding. "
http://naiaonline.org/articles/archives/animalrightsquote. htm
Animal owners should BEWARE. Do not underestimate the agenda or the tactics of the leaders
of this movement.
The reality is that -- since we have nuisance laws, animal cruelty laws and the Animal Welfare
Act, this ordinance is unnecessary.
http://www.nal.usda.gov/awic/legislat/usdalegI.htm
Respectfully submitted,
David K. Calderwood
. I
Page 1 of 8
Will & Tina Beck
From:
To:
Sent:
Subject:
"Will & Tina Beck" <goldcrestaussies@charter.net>
"Will & Tina Beck" <goldcrestaussies@charter.net>
Tuesday, January 02, 2007 5:21 PM
Fw: Ashalnd's New Chapter 9.06
Dear Mayor Morrison and The Ashland City Council,
As an lifelong animal lover and dog care professional, I do applaud you for your concern and consideration in
addressing the issue of Animal Welfare.
The human population relies on animals for our existence and as Americans we are a very diverse mix of cultures
and with very different social, economical, spiritual and religious beliefs which include our animals. Many families
rely on animals as a source of their livelihood. Ashland citizens including those in the urban growth boundaries
utilize livestock, for food ( rabbits, sheep, cattle )or land management like goats who do a wonderful job keeping
brush and weeds under control, and additionally, there are those who use their animals for working and sport
like horses and dogs.
Due to a lack of common understanding, I have some serious questions and concerns about the newly proposed
City Ordinance Chapter 9.06. I find much of the terminology loose for interpretation, and would like to assist in
addressing these concerns by giving examples of more descriptive terms that apply specifically to Ownership and
Ownership Responsibilities and Anti-Cruelty to Animals. Animal owners have their rights and I know of many
loving animal owners in Ashland that would feel threatened by the newly proposed laws unless they are more
easily understood.
There are many areas of Chapter 9.06 that are unnecessary and could not possibly apply to every household.
Much of Chapter 9.06 will cause heartbreak for those who are law abiding but cannot conform to the proposed
laws as they are currently written. They will be forced to surrender their animals or move out of Ashland.
There are areas of Chapter 9.06 that will force businesses to shut down. Chapter 9.06 will put a further strain on
the relationship between the city's operating staff and it's citizens. Therefore, these unnecessary areas I have
proposed to omit in favor of a guideline that is simplified, easy to enforce, and respectful of Ashland's Citizens.
I would like to see a section in Ashland's Municipal Code that addresses the Humane Care for Ashland's
Companion Animals, by listing a basic outline of provisions for this specific class of animals by their owners.
By consolidating the term "domesticated mammals" to "companion animals" or "pets" would help to clarify the
objective of the new laws while remaining sensitive to normal livestock and working animal husbandry practices.
To mimic other City Ordinances that provide a helpful outline of acceptable companion animal care and a clear
description of owner responsibilities as well as the misdemeanor charges for violations, may be helpful. In bold
print, I have included some alternative suggestions and excerpts from The Anti-Cruelty Society and Illinois and
Chicago Laws. http://www.anticruelty.org/site/epage/36631576.htm?printstyle=true
Additionally, I have included some questions pertaining to areas of the proposed law I find confusing and/or
unfair.
Thank you for you consideration. If I can be of any assistance, please feel free to consult.
Sincerely,
Tina Beck
Canine Country Club LP
9.06 Cruelty to animals.
9.06.010 Definitions.
A. Animal means any domesticated mammal, including but not limited to dogs and
cats.
Please be specific. Do these laws apply to cavies, rabbits, mice, rats, ferrets, and all other domesticated
mammals including those that are raised for livestock? etc?
1/212007
Page 2 of 8
Animal should mean domesticated companion mammal.
note: 167.310 Definitions for ORS 167.310 to 167.350. As used in to 167.350:
(1) (Animal) means any nonhuman mammal, bird, reptile, amphibian or fish.
4) (pet or domestic animal) means any animal that is owned or possessed by a person, other than
livestock or poultry.
C. Owner means any person owning, keeping, possessing or harboring any animal,
or any person operating a kennel.
Any person possessing an animal?
The term Owner should only apply to the person or family that has legal ownership and ownership
responsibilities to their property, the animals are their property or a duly authorized agent of that legal
owner. When I take my dog to the vet or groomer or dog boarding kennel, I have signed over
authorization to that establishment to care for my dog.
As written the definition of owner would allow anybody who gains possession of an animal by legal or
illegal means, ownership privileges of that animal. This would deny the legal owner property rights and
responsibilities.
If somebody steals a dog out of the owner's backyard while they are away at work, the criminal that now
has possession ofthat dog, and would be considered the owner and that is not right.
Owner should mean the legal property owner or duly authorized agent.
D. When used as a verb, "tether" or "tethering" shall mean fastening an animal to a
stationary object, pulley run line or a stake, or tying his body to prohibit movement.
E. When used as a noun, "tether" or "tethers" shall mean a chain, leash, rope,
cable, string, leather or nylon strap, or any other material used to fasten an animal to a
stationary object, pulley run line or stake.
Would this also apply to a dog grooming table/arm & noose used by professional groomers?
9.06.020. Cruelty to animals unlawful.
Except as otherwise provided in this chapter, it shall be unlawful for
any person to:
A. Intentionally kill, injure, maim, torture or mutilate
any animal. This section shall not be construed to prevent standardized veterinary
practices such as spaying or neutering, tail-docking, ear cropping, declawing or any
similar practice, nor shall this section be construed to prevent accepted livestock
husbandry practices.
The use of the words intentionally kill can be interpreted to include humane euthanasia. Since our
common goal is to make it illegal to afflict cruelty to animals, the terminology should be interpreted as
unnecessary suffering. By using the words aggravated cruelty and a description of such, this would
eliminate any confusion and give a more appropriate description of the law.
The proposed code 9.06.010, A. brings to mind many questions:
What about aggressive dogs that have the potential to bite people? What about the responsible dog
owner's rights to take their physically healthy pets with serious and potentially dangerous animal
behavioral problems to their vet for humane euthanasia BEFORE the dog afflicts harm upon one of
Ashland's citizens? A responsible dog owner would take their dog to the veterinarian for euthanasia
instead of surrendering the animal to the local Animal Control where he would feel abandoned and die
without the comfort of his owner? What about the Animal Control's surplus of unadoptable dogs and cats
and other mammals? If the Shelter cannot "intentionally kill" these animals where in Ashland are you
prepared to house them? What about Ashland's citizens who own reptiles that feed on live domesticated
mice? What about those Ashland Citizens who raise rabbits for human consumption?
To clarify this sentence perhaps the following should apply:
No person or owner may beat, cruelly treat, torment, starve, overwork or otherwise abuse any
animal.
No person may intentionally commit an act that causes a companion animal to suffer serious
injury or death. Aggravated cruelty does not include euthanasia of a companion animal through
recognized methods approved by the Department of Agriculture.
B. Abandon or leave any animal in any place without making
1/2/2007
Page 3 of 8
provisions for its proper care; or
This section should be changed to become more specific, please review the bold print suggestion below.
Many people work away from the home, and must temporarily abandon their pets on a daily basis. A
better way to understand the true meaning with regards to anti-cruelty laws would be to include the word
"suffering" to this sentence.
No owner may abandon any animal where it may become a public charge or may sutTer
injury, hunger or exposure.
C. Have physical custody of any animal and fail to provide
such food, water, opportunity for exercise or other care as is needed
for the health or well-being of such animal, meeting the following
minimal standards:
1. Adequate food. Food shall be free from
contamination, replaced with fresh food each day and of sufficient
quantity and nutritive value for the kind of animal to maintain the
animal in good health;
2. Adequate water. That potable water is accessible to
the animal at all times, either free-flowing or in a clean receptacle
that is designed so as to be tip resistant or is secured to prevent
tipping;
3. Opportunity for exercise. Adequate exercise space
shall either be provided within an enclosure that shall be constructed
of material, and in a manner, to minimize the risk of injury to the
animal, and shall encompass sufficient usable space to keep the animal
in good condition, or shall include the animal's owner providing
exercise opportunities through arranging for the owner or other person
to accompany the animal on walks, etc, for a minimum of ninety minutes
each day. For dogs, adequate space shall be in an enclosure at least 97
square feet in size.
D. Have custody of an animal, as owner or otherwise, and
fail to provide such animal with necessary protection from the elements
and as set forth below:
1. Shelter from sunlight. When sunlight is likely to
cause overheating, serious bodily injury or death of the animal,
sufficient shade shall be provided to allow the vertebrate animals kept
outdoors to protect themselves from the direct rays of the sun.
2. Shelter from cold weather. Housing facilities shall
be provided for all dogs and cats kept outdoors when the atmospheric
temperature falls below 40 degrees Fahrenheit. Such structure shall be
provided with a sufficient quantity of suitable
bedding materials, consisting of hay, straw, cedar shavings or the
equivalent, to provide insulation and protection against cold and
dampness and promote retention of body heat. Such shelter shall be so
constructed to keep the animal dry and retain sufficient body heat to
prevent serious bodily injury or death of the animal.
Sections C & 0 should be omitted and replaced by an easy to read and understand guideline, please
review the bold print below.
Ifthese sections were to become law, they would force people with house or apartment dogs to venture
outdoors everyday for a minimum of 90 minutes, or leave their dogs outside in a 97 foot kennel run.
Many toy breeds, elderly dogs, those who suffer separation anxiety, shyness etc, would suffer under
these conditions. So the law discriminates against those who own smaller houses or live in apartments
who own house dogs, many of whom are disabled and likely living on limited incomes like disability
benefits. It would force them to hire somebody to walk their dogs daily. Many ofthese house dogs are
not leash trained, they could be old, shy with strangers and or other dogs. They may have any
underlying medical condition, like heart disease and a stressful vigorous walk of ninety minutes could
cause cardiac arrest. Many professional dog walkers walk multiple dogs at one time. Many dog owners
are protective of their dogs and don't want to send them off with a stranger. What about the elderly
person who owns an unsocial type of dog? What about the financial strain on Ashland's citizens? A
Professional Dog Walker, one who is accredited and licensed will charge between 15-18.00 per 30
minute session. That can cost upwards of 54.00 each day ( 1,620.00 per month) and that is for only one
dog. See: http://www.kelspets.comlservices.htm What about families who own multiple dogs? This cost
is unreasonable, and if the law where to pass, many of Ashland's citizens would be forced to move or
1/2/2007
Page 4 of8
surrender their dogs to Animal Control. Give the citizens of Ashland some ownership rights.
As a professional kennel operator I know that modular kennel enclosures and fenced yards do not keep
all dogs in. I do understand that to enjoy the benefits of fresh air and exercise for some dogs the only
option is to tether (see additional comments about tethering below 9.06.020,E).
Proper placement of modular kennels would require an even concrete pad so the dogs cannot dig out.
Many dogs can climb out of the kennel enclosures and that would mean additionally the owners would
need to purchase a top panel, lid. They easily climb over, dig under, or chew through chain link. This
new challenge will most likely cause injury to the dogs who escape their owner's property, and potential
heartbreak for the dog owner whose dog has been injured or killed by street traffic. Is the City of Ashland
prepared to take responsibility for the loss of these animals due the new tethering restrictions?
Most of Ashland's dog owning citizens are very responsible and capable dog owners who love their dogs
and make living conditions for their dogs based on the individual characteristics of their breeds and
temperament and basic needs. These dog owners do not need the city's volunteers to dictate how they
care for their animals!
Ownership Duties
Each owner shall provide for each of his/her animals:
a) sufficient quantity of good quality wholesome food and water;
b) adequate shelter and protection from the weather;
c) veterinary care when needed to prevent suffering; and
d) humane care and treatment
note: ORS 167.310
a) Food of sufficient quantity and quality to allow for normal growth or maintenance of body
weight.
(b) Open or adequate access to potable water in sufficient quantity to satisfy the animal's needs.
Snow or ice is not an adequate water source.
(c) In the case of pet or domestic animals, access to a barn, dog house or other enclosed structure
sufficient to protect the animal from wind, rain, snow or sun and which has adequate bedding to
protect against cold and dampness.
(d) Veterinary care deemed necessary by a reasonably prudent person to relieve distress from
injury, neglect or disease.
(e) Pet or domestic animals shall not be confined to an area without adequate space for exercise
necessary for the health of the animal or which does not allow access to a dry place for the
animal to rest. The air temperature in a confinement area must be suitable for the animal
involved. Confinement areas must be kept reasonably clean and free from excess waste or other
contaminants which could affect the animal's health.
[1985 c.662 sl; 1995 c.663 s3]
E. Unlawfully tether an animal, including
1. Attach chains or other tethers, restraints or
implements directly to a dog without the proper use of a collar,
harness, or other device designed for that purpose and made from a
material that prevents injury to the animal.
2. Tether an animal in any of the following manners:
(a) Tether an animal in such a manner that harm
to the animal is likely to occur. For purposes herein a rebutt-able
presumption shall be created that harm is likely to occur if an animal
is continuously tethered for more than two (2) hours continuous hours in
any twenty-four (24) hour period. Factors that must be utilized to
rebut the presumption of harm is if the owner can demonstrate that
adequate food, water, shelter and exercise opportunity are provided for
the animal and the animal is not tethered more than a total of eight
hours In any twenty-four hour period.
. (b) Tether an animal on a chain, leash, rope or
tether that is less than ten (10) feet in length;
If the tether is accompanied by a run line and pulley, the 10 minimum of the tether could be too long and
potentially dangerous to the animal. Please omit this sentence as it can cause harm to the animal if
applied.
(c) Use a tether or any assembly or attachments
1/2/2007
Page 5 of 8
thereto to tether a dog that shall weigh more than one-eighth (1/8) of
the animal's body weight, or due to weight, inhibit the free movement of
the animal within the area tethered;
(d) Tether an animal on a choke chain or in such
a manner as to cause injury, strangulation, or entanglement of the dog
on fences, trees, or other man
made or natural obstacles; or
(e) Tether an animal without access to shade
when sunlight is likely to cause overheating, or appropriate shelter to
provide insulation and protection
against cold and dampness when the atmospheric temperature falls below
forty (40) degrees Fahrenheit, or to tether a animal without securing
its water supply so that it cannot be tipped over by the tether;
(f) Tether an animal in an open area where it
can be teased by persons or an open area that does not provide the
animal protection form attack by other animals; or
(g) Tether an animal in an area where bare earth
is present and no steps have been taken to prevent the surface from
becoming wet and muddy in
the event of precipitation.
Current codes require that all dogs must be confined by fence, leash ("tether"), or obedience training to
the property of the owner or other person in charge of the dog. For the current citizens of Ashland that
have lawfully confined their dogs to their property by tethering this new law is a drastic change. Besides
the initial costs of approved kennels, the new law presents new challenges for tethered dogs and their
owners. It is my professional experience that dogs not accustomed to fencing have very little respect for
fences, as I mentioned above they can escape fencing. I do believe the dogs you may find tethered are
for their own safety while the owners are away working. It usually comes as a last resort for those hard to
confine dogs.
As a professional dog groomer I must restrain the dog in order to brush him, trim him, clean his ears, etc.
I use a tether on the grooming table and in the bathing tub. Often times when grooming, the time it takes
to fully groom a dog could run up to 3hrs if the dog is densely coated. As a dog groomer I would not be
able to make my living under this law in the City of Ashland.
Please give the citizens of Ashland their dog ownership rights and allow them to determine what animal
husbandry practices best suits their dog and their individual situations, provided they meet the minimal
requirements of adequate food, water, and shelter.
Most likely there are a very small percentage of dogs tethered in the City of Ashland. For those few
individuals who may need some guidance, perhaps the Council could help by setting some guidelines,
while still understanding that dog behavior is highly diverse and what works for some dogs and their
owners may not work for others. Please consider instead of new laws, helping Ashland's citizens by
setting up Guidelines for Responsible Pet Ownership.
The following link is to that of a very compassionate website by the council of King Island in Tasmania!
See: http://www.kingisland.tas.gov.au/site/page .cfm?u=218
There is a clear understanding that for some dogs and their owners tethering is the best means for
confinement for their circumstances. This text taken directly from the link above, it reads in part:
Beginning of quote:
For the well being of your animal you should ensure that tethering is only used as a temporary
measure or a last resort when no other means is available for confining the animal to your
property. It is stressed that tethering must only be used as a means of confinement where
constant supervision and care is not available. Additional advice on appropriate methods of
confinement may be obtained from your local Veterinarian or Council's Director of Environmental
Services.
End of quote.
Another comment on tethering. Be aware property owners utilize grazing livestock for the purpose of
land management. An example is goats are known to be very useful as grass, weed, and brush eaters
and will do a great job of preventing overgrowth and fire danger within the city limits. It is not uncommon
for owners of these animals to tether their goats in different locations around the property and rotate them
with a stake and tether system.
9.06.020. Authorization to Take Animal Into Custody. Any public
1/2/2007
Tuesday,Jan. 2, 2007
To the Mayor and City Council,
We request that the attached Proposal regarding modification of the
process by which the Budget Committee reviews and approves the City's
budget, be included in the Council Agenda for its Jan. 16,2007 meeting.
We also request that 30 minutes be allocated for its discussion, including
our verbal presentation, Q&A with the Council and Council deliberations
on appropriate action.
Sincerely,
J ~ \Jvt r;rY<-
Jim Moore
~~'
Yohn Stromberg I
January 2, 2007
Mr. Mayor and Members of the Council,
After considerable study, and discussion with a number of
citizens and public officials, we feel that the current
City budget process fails to achieve meaningful control
over City spending. Consequently, we want to propose the
following modifications...
The 'negotiation' between Staff and the Budget Committee
needs to change from one in which the Budget Committee
tries to find items to cut in the budget proposed by
Staff, to one in which Staff must persuade the Budget
Committee to accept specific increases in spending over
last year's levels.
Our proposal enables the Budget Committee to understand
not just why a proposed increase is desirable but also how
it will be paid for and what the impact of those increased
costs will be on property owners, businesses and community
institutions such as the Hospital, School District and
University.
Also the public will be able to understand the trade-offs
between public benefit and public burden for any proposed
increase. This will demonstrate accountability and
transparency and build confidence in the Committee and the
City Council.
Our proposal is expressed as one of the goals the State
requires the City to adopt each year to guide the Budget
Committee in its decision-making (see below).
Respectfully,
Jim Moore
Randall Hopkins
John Stromberg
1
Proposal
The City Council adopts the Goal of achieving a more
sustainable financial and spending system, beginning with
the FY 2007-08 budget and continuing thereafter.
In order to achieve this Goal, the City Council
further adopts the following Policies and priorities for
use in formulating the City's FY 2007-08 budget:
1. The proposed budget for FY 2008 shall be based on
budgeted revenues for FY 2006-07 (both at a department and
Fund level), minus:
a. one time FY 2007 revenues such as borrowings, and
b. excluding projected FY 2008 tax, rate and fee
increases and any new debt.
2. The proposed budget for FY 2008 shall provide
expenditures within each department and Fund which:
a. create no deficiency of revenues vs. expenditures,
b. provide ending Fund balances at no less than
required minimums,
c. add no new staff or employee positions.
3. If it is necessary to recommend expenditure reductions
in order to achieve #2 above, Staff shall use the standard
of first cutting the least essential expenditures from a
standpoint of public health and safety.
4. If actual FY 2007 revenues are showing upside or
downside surprises compared to budgeted revenues in the
2007 budget, Staff shall promptly advise the Citizen's
Budget Committee.
5. Staff shall present options of funding FY 2008 AFN debt
service ($1,055,000) without new taxes or increases of
existing taxes, rates or fees. If actual revenues for FY
2008 are likely to exceed revenue levels from FY 2007
2
(exclusive of tax or fee increases originally planned for
FY 2008), such added revenues shall be reserved for
payment of the AFN debt service where possible, as will
upside FY 2007 revenue surprises.
6. The City shall limit the FY 2008 property tax rate
attributable to the Permanent Funds (General, Debt Service
and Parks Funds) to $3.86 per $1,000 of assessed
valuation. This reduction of the tax rate will offset the
3% increase in assessed valuation and will allow both
property tax revenues to the Permanent Funds and property
owners' net property tax payments attributable to the
Permanent Funds to remain flat compared to FY 2007.
7. The remaining available tax levy of approximately $0.40
per $1,000 of assessed valuation shall be unused, so as to
provide a 'rainy day' fund to deal with future
emergencies.
8. The long term budget shall:
a. clearly identify all future debt service payments
for current long term debt, including debt assumed in FY
2007,
b. exclude all future capital improvement projects
pending review of projects (including financing methods
and debt service costs) by the Citizen's Budget Committee.
9. The long term budget shall be prepared using realistic
assumptions concerning projected unspent contingency funds
to be carried over into following year working capital
accounts and resulting year end Fund balances and with due
allowance to the Budget Message 'Key Issue' warning of a
'higher probability' that money will be spent from the
Contingencies and thus 'not carried forward to aid the
following year(s).
10. The Budget Message shall identify all projected short
falls in required Fund balances throughout the long term
budget and shall specifically highlight where and when
projected Fund balances fall below 'zero.'
3
11. ClP projects to be undertaken based on FY 2007 'new
debt' shall be immediately reviewed by the Citizen's
Budget Committee to determine whether any specific
projects may be postponed or eliminated in order to reduce
demands on the City's finances.
12. Staff is urged to avoid any unnecessary spending of
the current FY 2007 'contingency' accounts, so as to
maximize the City's financial flexibility.
13. Staff shall provide Council an inventory of City owned
real property (excluding Parks).
1/2/07
4
SUBJECT:
Citizen Speaker Request Form
Please complete this form and return to the City Recorder.
THIS FORM IS A PUBLIC RECORD
ALL INFORMA nON PROVIDED WILL BE MADE A V AILABLE TO THE PUBLIC
~eeting Date:~ 3l
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AGENDA NUMBER (if on tonight's agenda): '-L
LAND USE HEARING (Please check one): FOR:
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AGAINST:
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WRITTEN COMMENTS: Itru~ ~>M'" f~ ",,",^Y""&oP- J U
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