HomeMy WebLinkAbout2006-1219 Council Mtg Packet
CITY OF
ASHLAND
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
December 19, 2006
Civic Center Council Chambers
1175 E. Main Street
5:15 p.m. Executive Session discuss pending litigation pursuant to ORS 192.660 (2)(h)
6:15 p.m. Reception honoring departing Councilmember Alex Amarotico and departing
Parks Commissioner Diane Amarotico
7:00 p.m. Regular Meeting
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES
V. APPROVAL OF MINUTES [5 minutes]
1. Executive Session meeting minutes of December 5, 2006
2. Regular Council meeting minutes of December 5, 2006
VI. SPECIAL PRESENTATIONS & AWARDS
None.
VII. CONSENT AGENDA [5 minutes}
1. Minutes of Boards, Commissions, and Committees
2. Appointment to Ashland Community Healthcare 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
VIII. PUBLIC HEARINGS (Testimony limited to 5 minutes per speaker, unless it is the subject
of a Land Use Appeal. All hearings must conclude by 9:00 p.m., be continued to a
subsequent meeting, or be extended to 9:30 p.m. by a two-thirds vote of council {AMC
92.04.040})
None.
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHAl\1NEL 9
VISIT TIlE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US
IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time
allowed for Public Forum is 15 minutes. Speakers are limited to 5 minutes or less,
depending on the number of individuals wishing to speak.) [15 minutes maximum)
X. UNFINISHED BUSINESS
1. Discussion of City Charter [30 Minutes)
2. Lithia Lot - Affordable Housing Project Agreement [40 Minutes)
3. Deliberation of an Appeal of Planning Action 2006-01294 - Request for a Conditional
Use Permit to convert thirty existing apartments to thirty condominium units for the
property located at 719 Park St. [30 Minutes)
XI. NEW AND MISCELLANEOUS BUSINESS
1. Appointment to Budget Committee [10 Minutes)
2. Acceptance of Audit Committee Report and the June 30, 2006 Comprehensive
Annual Financial Report [20 Minutes)
XII. ORDINANCES. RESOLUTIONS AND CONTRACTS
1. First 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
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
XIV. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-
2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I).
COUNCILMEEI'lNGS ARE BROADCAST LIVE ON CIIANNEL 9
VISIT TIlE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US
ASHLAND CITY COUNCiL MEETING
DECEMBER 5, 2006
PAGE I of7
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
December 5, 2006
Civic Center Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Morrison called the meeting to order at 7:10 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilors Hardesty, Amarotico, Hartzell, Jackson, Silbiger and Chapman were present.
APPROVAL OF MINUTES
The Executive Session minutes of November 21,2006 and the Regular Council minutes of November 21,
2006 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS (None)
CONSENT AGENDA
1. Minutes of Boards, Commissions, and Committees.
Councilor Jackson/ Amarotico m/s to approve Consent Agenda. Voice Vote: all AYES. Motion passed.
PUBLIC HEARINGS
1. An appeal of Planning Action 2006-01294 - Request for a Conditional Use Permit to convert
thirty existing apartments to thirty condominiums units for the property location at 719 Park
Street.
Mayor Morrison read aloud the procedure for Land Use Hearings.
Public Beann!! Opened: 7:15 p.m.
Ex Parte Contact
Councilor Hartzell stated she was present for a portion of the June Housing Commission meeting; however,
this will not influence her judgment.
Councilor Hardesty stated she participated at the June Housing Commission meeting; however, this will not
influence her decision.
Assistant City Attorney Richard Appicello noted the minutes of the June Housing Commission meeting are
included in the planning record. The statement of impartially was read aloud and both Councilor Hardesty
and Hartzell stated they agreed.
Staff Report
Interim Community Development Director Bill Molnar presented the staff report. He explained this
application involves a request for a conditional use permit to convert 30 existing apartments into
condominium units and noted the relevant approval criteria for the conditional use is listed in AMC 18.104.
Mr. Molnar provided a description of the property and stated it is located off Park Street and is approximately
1.5 acres in size. It is served by a flag drive and there are four separate buildings on the site. All of the units are
two bedrooms and are just under 1,000 sq. ft. in size.
ASHLAND CiTY COUNCiL MEETiNG
DECEMBER 5, 2006
PAGE 2 of7
Mr. Molnar stated this application was initially approved administratively by staff. A request for a hearing to
the Planning Commission was subsequently filed and the Planning Commission reviewed the action and
approved the request by a vote of 5-4. Mr. Molnar noted the affordable housing requirement and stated 8 of
the 30 units would available for individuals at the 80% median income level. He added that it is staff's
understanding from talking with the applicant that the 8 units will remain as rentals.
Mr. Molnar eXplained the Planning Commission's decision was appealed and the appeal letter addressed
concern that this conversion would impact livability; however it did not specifically identify what adverse
material effects the conditional use permit would have on the surrounding area. Mr. Molnar commented on the
approval criteria regarding bulk, scale, and coverage; impacts on public facilities; architectural compatibility;
noise/glare; and impacts of adjacent properties. He stated it was difficult to determine the conditional use
permit would have any impact at all because it is already a 30-unit complex and there are no physical changes
being proposed. He stated that staff did not expect any changes to the amount of traffic generated by
converting to allow for purchase of the units, no change on impact of public services, no change in the design
of the building that would affect architectural compatibility, and no change to any site amenities that might
impact noise or glare. Staff's recommendation is for the Council to uphold the Planning Commission decision
to approve the conditional use permit. .
Councilor Hartzell commented on approval criteria 18.104.050(C)(7) and questioned if the City's Housing
Needs Analysis was considered. Mr. Molnar stated criteria 18.104.050(A) is more applicable in terms of
what impact this development might have relative to housing in Ashland. He noted criteria (A) references
"...conformance with relevant Comprehensive Plan policies that are not implemented by any City, State, or
Federal law..." Councilor Hartzell commented on the potential loss of rental housing and questioned ifit was
appropriate to consider possible impacts aside from physical impacts. She also questioned if approval could
set precedence.
City Attorney Mike Franell clarified evidence would need to be presented that indicates that a conversion
from an apartment structure to a condominium structure would impact the availability of a particular type of
housing that the City desires. If the applicant or the appellant presented this type of evidence, the Council
could make a finding that approval would impact the availability of that type of housing and this sort of
finding could set precedence on future applications. Mr. Franell also clarified in order to approve this
conditional use permit, the Council would have to make findings on criteria (A), (B), and (C); and in this
respect, the Council would need to determine that the application is consistent with the Comprehensive Plan.
Assistant City Attorney Mr. Appicello added the Comprehensive Plan indicates a diversity of housing types,
but it does not specifically addresses rental vs. owner-occupied units.
Applicant
Mark DiRienzo/U rban Development Services LLC/Stated this request involves 30 units and 8 of the units
would be brought into the City's affordable housing program. He commented on the shortage of affordable
"for sale" units in Ashland and stated the 22 units would represent some of the lowest cost housing available.
Mr. DiRienzo stated that 15% of current renters typically purchase units when they are converted to for sale
units and stated a large percentage of converted unit buyers are first time homebuyers and entry-level
homebuyers. He stated the conditional use permit meets the criteria in the Municipal Code and feels they are
providing an opportunity for people with this condominium conversion.
Chris Hearn/Davis, Hearn, Salad off, Bridges & Visser/Noted that this conversion would increase the
number of affordable units in Ashland for 2006 by 47%. Mr. Hearn reviewed the application time line and
commented on the need to have clear and objective standards for applicants. He noted the relevant criteria
listed in AMC 18.24, and stated 18.24.030(J) allows for condominium conversions if the application meets
the affordable housing standards. He stated this application meets the criteria listed in Resolution 2006-13,
which was adopted the day before this application was filed; however, it does not meet some potential future
ASHLAND CITY COUNCIL MEETING
DECEMBER 5, 2006
PAGE 3 of7
resolution. He added if there were to be additional criteria applied to this application, it should have been
included in the resolution because that is what the applicant was relying on when they filed the application.
Mr. Hearn commented on the criteria listed in AMC 18.104 and stated the context of 1-6 focus on physical
attributes and stated there is nothing about a preferred mix of housing uses. Mr. Hearn stated that the basis for
the appeal was specifically listed as subsection (C), "livability".
[Mr. Hearn's presentation was submitted into the public record.)
Questions of Aoolicant
Councilor Hardesty commented on the Housing Commission's recommendations for the affordable units to be
dispersed through the complex and for the affordable units to be at 60% of area median income, and asked if
the applicant would comply.
Mr. DiRienzo commented on the challenges of making the units available at the 60% median income level
and added this would create a financial burden and weaken the ability for improvements to be made to the
property. In regards to dispersing the affordable units, he explained that their research has indicated the
probability of filling the units with qualified individuals is much higher if they are placed in a block.
Oooonents
Philip Lang/758 B StreetJRequested that the record be kept open for 7 days. Mr. Lang clarified the appeal is
based on criteria (A) as well as criteria C(7) and stated the appeal is based on livability. He commented on
what can happen when apartments are converted to condominiums and stated the current tenants are often
displaced and the units are purchased by those who want to "flip" the property. Mr. Lang stated the endless
conditional use permits issued on a case-by-case basis result in defeating the target use of the zone and stated
the Planning Department has a responsibility to monitor the extent of the CUPs and establish a point beyond
which they are excessive. He stated the proposed development violates AMC 18.104.050(C) in that it has
great adverse material affects, including but not limited to physical affects. Mr. Lang stated that condominium
conversions actively reduce affordable housing and submitted a copy of Ordinance 2035 into the public
record.
Art Bullockl791 Glendower/Requested the Council deny the application and stated that workforce housing
affordability and working family displacement are both livability factors under AMC 18.104.050(C)(7) and
both of these provide grounds for denying the application. He stated that ORS 458.705(2) and (5) require the
City to meet the needs of working families for affordable housing and stated the main issue is the definition of
"livability". Mr. Bullock stated the Council is permitted to consider other factors they find to be relevant, not
just the factors listed in C( 1 )-C( 6). He commented on the definition of "livability" contained in Webster's
Dictionary and stated under Oregon law, if the word is not defined within the law that the common use
definition is applied. Mr. Bullock stated ORS requires the community to provide livability and defines
livability to mean, "the needs of working families for housing ... that are affordable and accessible. " He
stated that based on this definition, the Council should deny the application. He stated there is no limitation,
from either case law or statutory law that would limit the Council's interpretation of the word livability and
asked the Council to be clear that anything that would drive someone away from living in Ashland is a
livability factor. Mr. Bullock claimed the following major problems with the application: 1) The application
does not satisfy "livability" as workforce housing affordability, 2) The application does not satisfy "livability"
because working individuals will not be able to live there due to mortgage requirements, 3) Granting this
conditional use permit morphs it into a "Conditional Rightto Use Later Permit", and 4) The application shuts
down workforce housing.
[Mr. Bullock's written testimony was submitted into the public record.)
Questions of Aooellant
Comment was made questioning if the appellant had evidence or numbers to submit into the record. Mr.
Bullock stated the numbers are in the application. He stated all 30 units would be converted to condominiums
ASHLAND CiTY COUNCiL MEETiNG
DECEMBER 5, 2006
PAGE 4 of7
and there in nothing in the application that states some will remain as rentals.
Comment was made that this is in a multi-family zone and questioned how the conditional use permit would
defeat the intent of this zone. Mr. Lang stated that piece by piece, the Planning Department has been approving
variances and conditional uses and that eventually this can undermine what the basic zone is. He stated that a
single-family condominium is not multi-family affordable rental housing, and stated that condominium
conversions destroy affordable housing in Ashland.
Those Wishine to Provide Testimonv
Devian Aguirre/570 Clover LaneiStated that she has been involved in affordable housing for most of her
career in real estate and stated that the issue of affordability appears to be dictated on a project to project basis,
when it should be a policy issue. Ms. Aguirre commented on the spectrum of needs and stated this is weighted
on the rental side, however there is a point where the rental and for sale sides mix. She suggested there be a
discussion of Ashland's for sale and rental needs and stated there needs to be a balance of both types of
housing.
Staff Response
Mr. Molnar commented on Mr. Lang's statement that conditional uses and variances violate the intent of the
zone. He stated that requests are evaluated with the Land Use Ordinance and the Comprehensive Plan and
noted that the Land Use Ordinance allows for a wide range of housing types.
Mr. Molnar commented on the Planning Commission's split vote and noted that the Housing Commission and
the Planning Commission had been in the process of developing a condominium conversion ordinance. He
stated there might have been some frustration on the part of the Commission that they did not have the tool in
place to adequately evaluate a project of this size.
Mr. Molnar clarified that home ownership rates have remained unchanged for the last decade; however, there
has been an increase in single-family development for higher end housing, and noted the need to provide
affordable ownership opportunities as well. Mr. Molnar stated that no new rental housing complexes of any
sizable scale are being built in Ashland. He stated this is a real problem and questioned how the City could
stimulate the private market to build rental units.
Assistant City Attorney Richard Appicello stated that because new facts about the history and the Planning
Commission may not have been in the record, the opponents should be given the opportunity to rebut any new
facts.
Art Bullock/Stated that when the Planning Commission voted 5/4 the issue was livability and they were
struggling with this definition. He asked that the video tape of the Planning Commission's meeting be
included in the record and stated that it was a forced vote. He noted their request to leave the record open for 7
days and stated they would introduce additional evidence that the City is losing ground in terms of meeting the
housing needs.
Applicant's Rebuttal
Mark DiRienzo/Clarified the applicant is intending to convert the units to condominiums and the goal is not
to flip the units and sell them right away. In regards to the Planning Commission decision, he encouraged the
Council to watch the video and let it speak for itself. Mr. DiRienzo stated that there is no definition of
workforce housing, however most have an idea of what this means. He stated these low cost units would be
half the price of the median house in Ashland and stated he cannot see how a working family in Ashland could
afford anything but a condo conversion unit. He stated that these are multi-family units, with shared yards and
no garages and are not the same as single-family attached units. He added that it is unfortunate that apartment
buildings are not being built and related this to the lack of incentive to do so.
ASHLAND CITY COUNCIL MEETING
DECEMBER 5, 2006
PAGE 5 of7
Chris Hearn/Stated this project as it stands today would increase the number of affordable units in Ashland
by almost half. He stated the condominium conversion ordinance is a different issue and there will be
opportunity for the appropriate public discourse.
Public Hearin!! Closed: 9:00 p.m.
Mr. Appicello noted the request to keep the record open for 7 days, which means no decision can be made
. tonight. He commented on the request to include the Planning Commission tapes in the record and clarified
the appropriate way to include this in the record.
Mayor Morrison asked that they incorporate into the record any and all video or audio tape recordings of the
Planning Commission's hearing and deliberations on this subject and Council agreed. He announced that the
record will be left open for 7 days and will close on December 13,2006 at 5 p.m. The applicant stated they
agreed to this and stated they would like the opportunity to submit final written argument. Mayor Morrison
announced the deliberations would be continued to the January 2, 2007 Council Meeting.
2. Continuation of an Appeal of Planning Action 2006-00078 - Request for an Outline Plan approval
under the Performance Standards Option Chapter 18.88 for an 18-unit single-family residential
subdivision for the property located at 247 Otis St. An Exception to the Street Standards is
req uested to allow curbside sidewalk in sections of the Otis and Randy Street frontages to preserve
trees, wetlands and the residence at 247 Otis St.
Mayor Morrison noted that the Council has reached the point of deliberation on this matter.
Ex Parte Contact
Councilor Amarotico reminded the Council of his potential conflict on interest; he has a family member who
lives near the project site, however this would not impact his decision.
Council Deliberation
City Attorney Richard Appicello commented on the alleged errors raised by the appellants and noted the
Council has the right to consult with their legal counsel on interpretive issues. Mr. Appicello stated there were
several allegations made in the appeal document that focused on language; however, these were not actual
errors and were simply disagreements over the language used. He provided an explanation of the suggested
language that was submitted by the Legal Department and stated the two main issues are: 1) what the existing,
significant, and natural features are, and 2) traffic mitigation.
Mr. Appicello continued his explanation ofthe suggested language submitted to the Council. He suggested
that the pool is a man-made feature built around a natural feature; and it is the spring that should be preserved.
He also commented on the two conditions previously proposed by the appellants in regards to traffic
mitigation. He stated this land use application is not the appropriate place to charge the Council with the
development of a local improvement district policy. He also commented on non-remonstrance agreements
and stated the provision in AMC Chapter 13 makes the provision in Chapter 18 constitutional. He
acknowledged that the Chapter 13 provision could be better; but stated the appropriate place to discuss this is
during a legislative hearing. Mr. Appicello also noted that the suggested language states there will be a
determination of the impact on this development in relation to any requested off site improvements and that
this will be imposed at time of final.
Mayor Morrison noted he had just received a Speaker Request Form from Mr. Bullock and he wished to
address the Council in regards to ex parte contact. Mr. Appicello clarified the Council would need to re-open
the hearing to hear the challenge. He noted the appellant had previously raised this concern and has failed to
enter evidence into the record to this effect. He added that it was very late in the process for the appellant to be
ASHLAND CiTY COUNCiL MEETiNG
DECEMBER 5, 2006
PAGE 6 of7
making such a challenge and questioned ifhe had sufficient evidence. Mr. Appicello clarified that based on
what has previously been disclosed, there is no actual conflict on interest.
Mayor Morrison stated he is not inclined to re-open the hearing and requested Mr. Bullock write down his
challenge so that they could determine if re-opening the hearing is necessary.
Council agreed to continue with the remaining Agenda items to allow Mr. Bullock time to prepare his written
challenge.
PUBLIC FORUM
Ambuja Rosen/Commented on the proposed tethering ordinance. Ms. Rosen stated the two-hour tethering
limit would be workable and noted other cities who have testified that it is enforceable. She voiced her
disappointment that an 8-hour limit was being considered instead. Ms. Rosen also commented on the 150 sq.
ft. minimum space requirement for dogs and cats and asked that this be included in the ordinance.
Council Deliberation ofPA 2006-00078 (Cont.)
City Attorney Mike Franell clarified the Council cannot deliberate on this matter until this conflict of interest
issue has been resolved.
Councilor HartzelllAmarotico mls to extend meeting to 10:30 p.m.
Mr. Appicello commented that there have been several opportunities to enter into the record facts that
constitute a conflict on interest and stated he believed it was reasonable to request the appellant to write down
the facts so that they could determine if it is necessary to re-open the hearing. Interim Community
Development Director Bill Molnar clarified the 120-day time frame expires on December 28, 2006.
Mr. Bullock submitted his written statement. Mr. Appicello read the statement aloud and stated it did not
contain any facts, only a procedural objection. Mr. Appicello explained that under the law, Councilor
Amarotico has a potential conflict of interest, and there has been no factual evidence presented to suggest
otherwise. He stated he does not believe the Council is required to provide a special opportunity to consider
this objection and does not believe there is anything that would require Councilor Amarotico to not participate
in the vote.
Mayor Morrison stated they have provided an opportunity for the appellant to provide evidence and suggested
that they move ahead with deliberations.
Councilor Chapman/Jackson m/s to approve the application for Outline Plan under the Performance
Standards Option Chapter 18.88 for an 18-units single-family residential subdivision and for 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 residence at 247 Otis Street is P A 2006-00078 with the
conditions of approval attached by the Planning Commission as stated in the Findings and Orders
dated July 11,2006 with the language clarifications presented tonight by the Legal Staff, excluding the
underlined phrase on Page 1 and the alternate phrase on Page 2. DISCUSSION: Councilor Chapman
clarified his intention was to acknowledge the spring as the significant natural feature, not the pool. He also
clarified this motion would incorporate the entire document submitted by Mr. Appicello with the exception of
the underline phrase on Page 1 and the last alternate clause listed on Page 2. Mr. Appicello clarified this
motion would find that the spring within the pool is not significant. Councilor Hartzell voiced her interest in
protecting the water. Councilor Chapman stated that his understanding is that the water is protected by the
wellhead. Mr. Appicello clarified that the main decision for the Council to make is whether the spring inside
the pool is a significant feature and therefore required to be placed in a common area. If the Council does not
ASHLAND CiTY COUNCiL MEETiNG
DECEMBER 5, 2006
PAGE 70f7
believe the spring within the pool is significant, they could go with the Planning Commission's findings,
which basically state that what is really important is the water and the water being pumped into the pool from
the wellhead. Councilor Hartzell voiced her concern that paragraph two of the suggested language appears to
be an "if/then" statement. She also voiced concern with including fmdings as part of the motion. Mr. Appicello
clarified the language from the findings came from the documents that had previously been submitted to the
Council and clarified the only new material is the wording "Prior to signature of the final survey plat... "
Councilor Hartzell motioned to amend motion to remove paragraph two and paragraph four. Motion
died due to lack of second.
DISCUSSION (Cont.):
Mr. Appicello clarified his suggested wording in paragraph two and four and noted that the final findings
would come back to Council for approval.
Roll Call Vote on Original Motion: Councilor Hardesty, Amarotico, Jackson, Silbiger and Chapman,
YES. Councilor Hartzell, NO. Motion passed 5-1.
UNFINISHED BUSINESS
1. Discussion of City Charter.
Delayed due to time constraints. City Administrator Martha Bennett requested that the Council review the
tenth page of the staff report regarding the water provision language and provide feedback to staff as to
whether these were the right concepts. She also noted Ms. Vavra's language for Instant Run-Off Voting
would be included in the packet materials when this item comes back to Council.
NEW AND MISCELLANEOUS BUSINESS (None)
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."
Delayed due to time constraints.
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
1. Discussion of 2006 Council Goals.
Delayed due to time constraints.
ADJOURNMENT
Meeting adjourned at 10:30 p.m.
April Lucas, Assistant to City Recorder
John W. Morrison, Mayor
CITY COUNCIL STUDY SESSION
DECEMBER 4, 2006
PAGE I of4
MINUTES FOR THE STUDY SESSION
ASHLAND CITY COUNCIL
December 4, 2006
Civic Center Council Chambers
1175 E. Main Street
CALL TO ORDER
Council Chair Alex Amarotico called the Study Session to order at 5:20 p.m. in the Civic Center Council
Chambers.
ROLL CALL
Councilors Hardesty, Jackson, Silbiger and Chapman were present. Councilor Hartzell arrived at 5:30 p.m.
Mayor Morrison was absent.
1. Discussion of Bike Path Fundin!! and Priorities.
Public Works Director Paula Brown explained this issue has been brought forward to raise awareness and bring
forward concerns regarding the design ofthe North Ashland multi-use path from Laurel Street to Jackson Road.
Ms. Brown explained in 2003, the City applied for and received a grant through the Federal Transportation
Enhancement program for this multi-use path, which would begin at Jackson Road, cross over Wright's Creek
. and then continue south along the railroad tracks.
Ms. Brown provided an explanation of the issues and concerns that have come forward with this project:
. Because of the federal funding, there are stringent regulations that must to be met.
. A significant number of additional property right-of-ways would need to be obtained by the City.
. The estimated cost of the project has risen to almost three and a halftimes the original estimate.
. The section of Jackson Road which was intended to be the terminus point of the path was vacated by
Jackson County and returned to the Billings Ranch Properties.
. The Billings Subdivision has postponed the construction of the golf course which has limited the future
access of a northern connection to the Bear Creek Greenway.
. There are two railroad crossings within this project that require ODOT Rail and CORP approvals.
Ms. Brown stated that although the path would be a great addition to the City's existing bike path system and a
much needed link to the northern corridor, staffis very concerned with the increasing costs of the project.
Ms. Brown reviewed the four options listed in the Staff Memo:
1. Continue with design and spend the allocated ODOT dollars on the North Ashland Multi-Use Path from
Laurel Street to Jackson Road.
2. Change the length ofthe project (from Laurel to the connection with the path currently constructed at
Billings Ranch), continue and complete design, and ultimately spend the allocated federal dollars.
3. Stop all work on the current design on the extension of the multi-use path from Laurel Street to Jackson
Road and pay back the grant funds.
4. Stop work on the current project and petition ODOT to reassign the funds to a higher priority project.
Ms. Brown stated staff has asked ODOT about the possibility of shortening the path, and they indicated they would
not be willing to make that big of a change. She stated that the City could ask ODOT to give them time to see if
there is another project or extension we could do instead; however the likelihood of using these funds for an
Ashland project in the near future is very slim.
Ms. Brown recommended that the City not proceed with this $1.8 million project. She explained that the City
would have to pay back the $90,000 spent on the design of the path; however the payback would not be a loss as
CITY COUNCIL STUDY SESSION
DECEMBER 4, 2006
PAGE2of4
the City would retain the bike path design. She suggested that the City look into what we could do with our own
money instead.
Ms. Brown clarified that this issue would be brought before the Bicycle & Pedestrian Commission at their January
meeting.
Ms. Brown stated she believes the only real option is Option #2. She clarified the only way the City would not have
to pay back the $90,000 would be ifthey had another project ready to go that this money could be spent on, and
they don't. She added she does not believe there is adequate time to get another Ashland project ready in time to
meet ODOT's timeframe. She added if they had a design completed, they might have-the option to switch projects,
but feels this is a long shot.
City Administrator Martha Bennett noted that the City could build the bike path project to our standards ourselves
for less money than accepting the federal grant. Ms. Brown stated that it is possible to move forward with this
project on our own and suggested getting the connection to the Billing's property done.
Councilor Silbiger noted that if they were able to transfer the funds to another project, they would still be in a
position where that project could also cost three times as much because of the federal regulations.
Ms. Brown clarified the $90,000 would be paid from the City's Street Fund.
Support was voiced for Option #2; Comment was made that the City is not ready to move to another project and
there are significant obstacles due to the federal grant. Additional comment was made that the City would still have
the design which could be used as some point in the future.
Councilor Hartzell expressed interest in making sure staff has taken another look at the three possible projects listed
in the staff memo as well as the Parks project. She stated she is not convinced that this is a viable route to build to
or that this is a design that they will utilize in the future. She noted the bike path connection between Oak Street
and 4th Street is an important one and voiced her interest in trying as best they can to find a way to use this money
and not have to pay it back.
Ms. Brown stated that staff would check with ODOT on their timeline and this issue would return to Council for
their further direction.
2. Discussion of Capital Improvement Plan (CW) and Lon!! Ran!!e Financin!!.
Public Works Director Paula Brown presented the staff report and stated she would like to review:
. CIP Planning
. Historical Perspective - Planned vs. Actual
. Current Year Highlights
. FY08 Draft CIP
. FY08 Highlights
. FY08-13 CIP Planning by Division
. FY08-13 Proposed Adoption Process
Ms. Brown explained the CIP planning factors include: 1) the City's master plans, 2) maintenance records, 3)
service level expectations, 4) revenues and budgeting implications, 5) balancing budgetary and staffing, and 6)
timing.
Comment was made questioning how staff scheduled the debt. Administrative Services & Finance Director Lee
Tuneberg explained that staff first determines what restricted money they could use, and stated that financing is the
last step.
CITY COUNCIL STUDY SESSION
DECEMBER 4, 2006
PAGE 3 of4
Ms. Brown stated there are several factors that impact the CIP, including: construction timing, design requirements,
funding shortfalls, and schedule changes. She also commented on the FY07 highlights. She stated that the CIP
budget for FY07 was planned at over $13 million, however realistically it should have been roughly $9.1 million,
and the City will only spend about $6 million. She explained the rest of the funds are for projects that will likely
slide, such as the Tolman Creek Waterline and the Fire Station construction. Ms. Brown noted that for the last two
years she was not apart of this process and stated from now one she only wants to bring forward projects that are
going to be constructed and that has not happened for this budget.
Ms. Brown requested Council's input as to how they want to approve the CIP. She stated she does not want to rush
this issue if there are further questions and noted staff could bring this back at another meeting or study session.
Ms. Brown noted that the draft FY08 CIP already has some holes in it, and stated she anticipates them not
completing the N. Ashland bike path, which will reduce the total by $1.8M. She also stated they will likely not
spend the $700K for the B & A Street overlays. She commented on the Hersey Street pedestrian safety
improvements and noted that the City did not receive funding for the Laurel Street improvement, however staffwill
reapply for funding next year.
Comment was made that citizens should be better forewarned about upcoming projects that will be affecting their
neighborhoods.
City Administrator Martha Bennett noted that the Council could choose to adopt the CIP before the next budget,
and stated that staff needs Council's help in prioritizing the projects that are important to them.
Ms. Brown noted the Plaza and Beach Street projects will come back to Council and they could decide to move
forward with one over the other. She also noted the Schofield LID could come before the Council at the beginning
of the year.
Ms. Brown stated that she would be bringing back names for the Street Financing Task Force and clarified for
Council "PMS" stands for Pavement Management System. She commented on sidewalk safety repairs and
improvements and noted the need to find a funding source so the City can keep its system operational.
Suggestion was made for staffto help Council better understand which budget items have funding streams and
which don't.
Councilor Silbiger left the meeting at 6:30 p.m.
Ms. Bennett noted that debt funded projects and unfunded projects are two separate things. Ms. Brown clarified the
information listed in the Long Term Plan.
Ms. Brown listed the funding highlights in the FY08 CIP for Water. She clarified the preliminary design for the
TAP was in the FYOS/06 budget. She also commented on the reservoirs and stated these are listed in the mater plan
and noted the significant increase in steel prices.
Comment was made questioning if the master plans can be found on the website. Ms. Brown stated that she will
make sure they are all made available on the website.
Ms. Brown commented on the Wastewater CIP and noted the next big issue will be meeting DEQ's thermal
temperature requirements. Ms. Bennett noted that staffwill be bringing forward the "Right Water for the Right
Use" discussion to the Council prior to the DEQ thermal temperature discussion. Request was made for these
discussions to be had together. Staff clarified if the "Right Water" discussion does not identify the solution to the
DEQ requirement, it will be brought back for further discussion.
CITY COUNCIL STUDY SESSION
DECEMBER 4, 2006
PAGE 4 0/4
Ms. Brown noted the AFNITelecommunications CIP is still preliminary and stated the IT Director would be brining
this back before Council. She commented on the Technology and City Facilities CIP and noted the City does not
have a master plan for city facilities. She stated that staff will need to compile information and begin the process for
facilities planning. Comment was made regarding the Council Chamber improvements item and questioning if
minor improvements could be made to the Chambers in the interim. Ms. Bennett explained that part of facilities
planning is identifying priorities for facilities needs. She stated we have more needs than money and Ms. Brown
noted the City is lacking a funding source for many of these items.
Mr. Tuneberg provided a brief explanation of the Parks CIP. He explained that for the most part Parks is funded by
property taxes, however there are some services they can charge for. He also clarified that the SDCs and Food &
Beverage tax monies are used to purchase park land, but turning it into a part comes from Parks operating budget.
Mr. Tuneberg clarified he would set up a time to meet with any interested councilors to review "Budget 101".
Ms. Brown requested Council provide direction as to whether they would like to address the CIP outside of the
budget process or include it with the budget adoption. Comment was made expressing support for reviewing the
CIP before the budget is adopted, but questioned if there was adequate time to do this prior to this year's budget
process. Comment was made that there does not seem to be adequate time to address the CIP during the budget
process.
Ms. Bennett clarified it is possible to discuss the CIP prior to this years budget process. She suggested that this
issue could come back to the Council in January and suggested Council submit any input between now and then to
her. She added if they do not feel they could devote enough time to this subject as a regular council meeting, staff
could schedule another study session.
Councilor Jackson left the meeting at 7: 15 p.m.
Support was voiced for the Council reviewing the CIP prior to it coming before the Budget Committee. Comment
was made that it is not appropriate for the Budget Committee to determine which projects should be delayed and
that this should be handled by the elected body.
ADJOURNMENT
Meeting adjourned at 7:20 p.m.
Respectfully submitted,
April Lucas, Assistant to City Recorder
MEMBERS PRESENT: Ric ar rock (Chair), Dan Maymar, Diane White, Zach Williams
Members Absent: Anthony Kerwin, Jim Lewis, Joseph Vaile
Staff Present: Marty Main, Keith Woodley, Nancy Slocum, Pieter Smeenk
Non-Voting Members Present: Cate Hartzell
'IV
I. CALL TO ORDER: Chair Brock called the meeting to order at 5:36 PM in the Siskiyou Room..
II. APPROVAL OF MINUTES: LewislWhite m/s to approve the minutes of September 12, 2006
changing the second to the last sentence in survey question six (Page 3) from "exception" to
"example." Motion passed unanimously. Hartzell noted that the Commission's desire to revise the
MOU with the Forest Service was a great example of the need for the City Council to review all
commissions' annual goals.
ill. PUBLIC FORUM: None
IV. ADJUSTMENTS TO THE AGENDA: Diane White asked that the "Purchase of Snacks" be
placed on the agenda. Commission Chair approved the request.
White / Maymar m/s to have staff provide snacks at each Commission meeting as the meeting
time was during the dinner hour. Funds would be taken from the Commission's budget. Motion
passed unanimously.
Pieter Smeenk asked that "Preliminary Siting of the Crowson II Reservoir" be moved to the top of
the agenda Brock agreed to the change.
V. NEW BUSINESS
A. Preliminary Siting of Crowson II Reservoir - Pieter Smeenk, Associate Engineer for the City
of Ashland, explained that a recently completed engineering report recommended the installation
of two new distribution system reservoirs. One reservoir would be located on Ashland Loop Road
and would h~1Ve a capacity of 0.250 MG to service a limited number of high level services located
directly above the existing Crowson Reservoir. The proposed site is adjacent to Ashland Loop
Road on City owned property. The new reservoir would need to support service elevations
sufficient enough to provide adequate pressure to existing and future high level customers in this
area (up to - 120). The target elevation for the base of the new reservoir is 2550'. A study was
completed to find a location that caused minimal ecological disturbance, however installation
would result in the loss of a few small diameter trees.
The existing Crowson Reservoir is a 2.2 MG reservoir which is the primary reservoir for the
system. An additional reservoir was also being proposed near the existing Crowson Reservoir.
The new reservoir is expected to be a prestressed concrete structure with a capacity of 1.50 to 2.0
million gallons (MG). The target elevations should match Crowson Reservoir which has an
overflow elevation of2425' and ground elevation of2400' above sea level. Placement of this
reservoir would result in the loss of more and larger trees. The site is still being analyzed to
mitigate landslide and water drainage issues.
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ASHLAND FOREST LANDS COMMISSION MEETING
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Smeenk asked if the commission had any comments on the smaller tank. Brock was supportive of
the potential for one or two parking spots at the reservoir for hikers and the extra water available in
the event of a wild fire. Hartzell noted the need for a culvert under the road to handle water from
the draw. White offered the commission's help in relocating the downed trees and suggested
contractors use weed free rock if possible. There were obvious stability concerns and the
commission asked Smeenk to follow the strictest regulations possible.
VI. OLD BUSINESS
A. APRCA T / APR Update - Woodley reported that he, Main and Darren Borgias met with
District Ranger Linda Duffy in late October. Duffy asked for a letter from the City formally
finalizing the community alternative (APRCA). Woodley drafted a letter that he distributed to the
commission. Woodley asked the commission to comment on the draft letter stating that blending
the two alternatives was not an appropriate present course of action. Woodley, Main and Borgias
reviewed past commission minutes and did not feel they had the authority to blend the alternatives
without starting the extensive public and council approval process over again. The City Council
previously approved APRCA "in concept," but did not approve blending the alternatives.
Hartzell questioned whether, now that the abiotic model is complete, the commission should get
additional APRCAT input on the letter. Main noted that the Forest Service was doing a lot of
northern spotted own inventorying in the watershed. Hartzell wondered if the Forest Service was
in a hurry for the letter. Woodley said no, publication of the FEIS was pushed out till late fall
2007. Brock, White and Maymar thought the letter looked good. Commission asked Slocum to
post the draft letter on the APRCAT list serve and add discussion onto next month's agenda.
Hartzell wondered if the abiotic model was "all or nothing." Would the results in the Forest
Service's proposed alternative change and would it affect APRCA? What does HFRA mean in
regards to APRCA? Brock said APRCA was adaptive, but it left out any wording that would allow
the City input into the planning, implementation and monitoring of the project. This was the
primary reason the commission wanted to revise the MOU. Hartzell thought language should be
added to the letter reiterating the need for reporting protocol.
Hartzell thought the wording of the letter negated blending the two alternatives. The Commission
noted that some of the main issues in blending the two alternatives included: the use ofDFPZ's,
the prioritizing oftreatrnents and the use of the dichotomous key.
B. Noxious Vegetation Inventory and Control Plan Update - Brock asked about the status of the
grant. Woodley would ask Chris Chambers to the next meeting. Smeenk said he was working
on landscape standards for future public works projects and felt a noxious weed control plan
would be helpful. Hartzell would like to use the plan for cemetery landscaping needs.
C. Review Winburn Inventory Data and Prescriptions -
1. Public Hike Appraisal- Commission members who attended the hike said it was very
educational. Three members of the public also attended. White noted that, in general,
there was too much vegetation on every P AG; there were two times the recommended
fire fuel load based on fuel models by Bergman. She also noted that besides the
manmade meadow, there were no low elevation meadows. She recommended
reopening the existing manmade meadow to its original % of an acre. Brock noted a
20% canopy closure in most units and suggested more openings.
2. Discuss Unit 7 - Summarizing Unit 7, Brock noted it is not a typical management unit
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being totally site specific. Management would include possible understory thinning.
According to Oregon State Forest Practices, a 50-100' buffer was required in riparian
channels. There will need to be a future discussion on the minimal riparian area versus
functional definition of "riparian." Hartzell wondered if inventorying this unit could
be a possible project for students.
The Commission agreed that non commercial work could begin on the Winburn Parcel
concurrently with the development of the management plan.
D. Continue Discussion on MOD Draft - Tabled.
VII. NEW BUSINESS
A. Preliminary Siting of Crowson n Reservoir - This item was discussed earlier in the agenda.
See discussion above.
B. Commission Charter Review - Tabled
VIII. ADJOURN: 7:35 PM
Richard Brock, Chair
Respectfully Submitted, Nancy Slocum, Clerk
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CITY OF
ASHLAND
ASHLAND HISTORIC COMMISSION
Minutes
October 4, 2006
Community Development/Engineering Services Building - 51 Winburn Way - Siskiyou Room
Historic Commissioners Present: Dale Shostrom, Molly Owens-Stevenson, Terry Skibby, Henry Baker,
Keith Swink, Jay Leighton, Tom Giordano
Absent Commission Members: Rob Saladoff, Sam Whitford
Council Liaison: Alice Hardesty
Hiah School Liaison: None Appointed
SOU Liaison: None Appointed
Staff Present: Maria Harris, Senior Planner; Billie Boswell, Administration
CALL TO ORDER
At 7:05 pm, Chairman Dale Shostrom called the Historic Commission meeting to order.
APPROVAL OF MINUTES
Ms. Leighton made a motion to approve the minutes and it was seconded by Mr. Baker. The motion passed
unanimously by the commissioners present. Mr. Giordano abstained as he was absent for a portion of the
meeting.
PUBUCFORUM: Nos~a~~
PUBUC HEARING
Planning Action 2006-00612
160 Helman Street
Site Review
Siskiyou LLC/James Batzer
Chairman Shostrom read the description of the proposed project. Ms. Harris reviewed the changes made since
the last time the Commission looked at the plans. The most significant changes were the setback of the third
story and a redesign of the front entry to look more like a storefront. She also explained that Staff had some
concerns regarding the finished floor elevation on the West elevation being 3 % feet below the street grade, the
mass and scale of the Van Ness corner building as it related to the residential transition area, a vision clearance
issue with the support columns and how the applicant calculated the 65% non-residential component. Ms. Harris
said that Staff recommends a continuance to allow the applicant to address these issues.
Ms. Harris also pointed out to the Commissioners that the description "blurb" of this project on the agenda is
incorrect. However the description was correct on the notice that was published and mailed out.
Applicant, Mark Knox, 320 E. Main St. #202, voiced frustration over this project coming to the Commissions 5-6
times over the past 2 years and design standards not being made clear. He felt it unfair that new items of
concern were brought up every time.
Mr. Knox pointed out that the proposed corner building, set back 14 feet from the curb, created a "bookend" look
with the building across the street which is setback 8-10 feet from the curb and is of similar mass. Also, there is
an excess of right-of-way of about 12 feet on the Van Ness corner and with the 8 foot building clearance the
design more than meets the vision clearance requirements.
Ashland Historic Commission Minutes
12/4/2006
CITY OF
ASHLAND
The applicant's architect, Mark McKechnie, 4406 San Juan Drive in Medford, described the design changes
including the entrance designs. He explained the drop on the corner to the entrance was only two feet below the
grade on the corner. They raised the level of the 2nd floor for vision clearance and shortened the other floor
heights to keep the overall height of the building down. On the Helman side, the drop is about three feet from the
sidewalk level to the first floor level.
Mr. McKechnie detailed the exterior materials as bronze metal for the roof, some elements of galvanized
corrugated metal, stucco for the main body and brick for the projections, some horizontal siding for the
residential recesses, black iron railings, steel sash windows and structural steel lintels.
Mr. Skibby questioned how the proposed building aligns with the building across the intersection. Mr.
McKechnie said there is an offset of about 6-8 feet. There was additional discussion regarding the corner entry
and the design of the stairs and ramps and entry.
Mr. Giordano felt the building had a "wedding cake" look with too heavy a bottom accented by the very strong
horizontal band and the varying exterior finishes. There was discussion about bringing the stucco finish down for
the actual entry and adding steeper roof projections to heighten the sense of entry.
There being no one in the audience wishing to speak, the public meeting was closed.
Ms. Harris confirmed that the plaza end corner building is 20,000 square feet.
Chairman Shostrom reopened the public meeting in order to get clarification on some questions. He clarified
with the applicants that the setback of the building was 14.5 feet. The building across the street is 8-10 feet.
The Commissioners discussed the exterior materials and the design elements to get consensus on the changes
they want to recommend.
Chairman Shostrom made a motion to recommend approval of the Site Review with the following design
recommendations:
. Building 2
o Comer entry feature needs more emphasis, strengthen vertical emphasis. The strong
horizontal bands of the building on both street elevations need to be broken up.
o Make the Helman & Van Ness comer entrance more prominent adding canopy roof to break
up strong horizontal banding and using a common exterior finish such as stucco to
differentiate the entrance from the sides.
o Rework comer entrance "plaza" to be more pedestrian friendly including the relocation of the
bike rack.
o Second story awnings have too little depth to be in proportion to the building.
. Provide exterior design details and material and color samples to full Historic Commission for
approval prior to submitting for the Building Permit
Mr. Giordano seconded the motion and it was approved unanimously.
Ashland Historic Commission Minutes
12/4/2006
2
OLD BUSINESS
CITY OF
ASHLAND
A. Planning Action 2006-00453
175 North Main Street
Follow-up to the Conditional Use Permit and Site Review Approval
First United Methodist Church of Ashland
Beverly Thruston of 1105 Siskiyou Boulevard presented the design details as submitted on the building
permit plans. She explained how the stained glass windows would be reused. She also commented that if
cost becomes an issue, the project would be done in phases with the courtyard and arcade being done in
Phase 2.
The Commissioners were in support of the details presented.
B. Ms. Leighton announced that she has submitted her resignation to be effective after the December Historic
Commission meeting. She will be unable to attend the November meeting.
Review Board - Following is the month's schedule for the Review Board, which meets every Thursday from
3:00 to at least 3:30 p.m. in the Planning Department:
October 5
October 12
October 19
October 26
November 2n
November 9
PROJECT ASSIGNMENTS FOR PLANNING ACTIONS
PA #2000-120
P A #2004-102
PA #2004-110
PA #2004-138
P A #2004-154
P A-#2004-160
PL#2005-01226
PL#2005-0 1674
PL#2005-02105
PL#2005-01307
PL#2006-00057
P A#2006-00441
P A#2006-00453
PA#2006-00875
P A#2006-00877
P A#2006-00612
485 "A" Street (Steve Hoxmeier)
832 "A" Street (Ilene Rubenstein)
150 Church St Robert M. Saladoff)
234 Vista St (Sid & Karen DeBoer)
180 Lithia Way (Archerd & Dresner)
685 A Street (William Reeves)
820 "C" Street (Randv & Helen Ellison)
11 First Street (Ron Yamaoka)
145 East Main St (Urban Development Services/SERA Arch)
125 Sherman StreetT Russ Dale)
247 Third Street (Marc Valens & Anne Golden)
160 Nob Hill (ARU-Dan Heller & Don Sever)
175 North Main (First Methodist Church Remodel)
520 Fairview Street (Stewart Ward-Porch)
A Street between 5th & 6m Streets (Tax Lot 6507 - Jerry Kenefick)
160 Helman (Siskiyou LLC & James Batzer)
Shostrom
Saladoff
Whitford
Saladoff
LeiQhton
Swink
Shostrom
Skibby
Giordano/Baker
Shostrom
Saladoff
Whitford
Swink
Swink
LeiQhton
Shostrom/Giordano
D. (Continued) Historic Reconnaissance Survey - Review of the survey would be done at a special Study
Session scheduled for October 23, 2006 at 5:30 PM.
C. Lithia Sprinas National Reoister Nomination - No Report
D. Sinale Familv Residential Desion Standards - No Report
3
Ashland Historic Commission Minutes
12/4/2006
CITY OF
ASHLAND
E. Co-Sponsorship with Conservation Commission for Fall Workshop - No Report
DISCUSSION ITEMS
A. Commission Survey - Commissioners agreed to discuss their responses to the survey at the Study Session
scheduled for October 23, 2006 at 5:30 PM.
NEW BUSINESS
COMMISSION ITEMS NOT ON AGENDA
A. 150 Lithia Way - Bob Kendrick submitted brick samples and other exterior detail information as requested
by the Historic Commission. The wire mesh screening was eliminated and the windows and c-channels
will be clear anodized aluminum instead of black. The Commissioners approved the details.
B. 25 North Main - Allen Sandler shared a plan to add a 3rd story addition to the old Masonic Temple.
Chairman Shostrom felt the windows weren't balanced and the design had a monolithic look.
Commissioners felt that the cantilever design was rare in old historic buildings and suggested corbels be
used. Suggested photos be included when the design plans were submitted.
ANNOUNCEMENTS
The Historic Commission Study Session will be on October 23, 2006 at 5:30 pm in the Siskiyou Room.
The next Historic Commission meeting will be on November 8, 2006 at 7:00 pm in the Siskiyou Room.
ADJOURNMENT
With a motion by Chairman Shostrom and a second by Mr. Swink, it was the unanimous decision of the
Commission to adjourn the meeting at 9:45 p.m.
Ashland Historic Commission Minutes
12/4/2006
4
Members Present:
Ashland Traffic Safety Commission
Minutes
October 26, 2006
Doris Mannion, Alan Bender, Terry Doyle, Matt Warshawsky, Colin Swales, Keith
Massie
Jim Olson, Dawn Lamb, Steve McClennan
Noal Preslar, Patti Busse
Staff Present:
Members Absent:
I. CALL TO ORDER -
II. APPROVAL OF MINUTES: September 14th, 2006 Minutes approved with corrections.
III. ITEMS FOR DISCUSSION:
A. PUBLIC FORUM ITEMS:
B. REVIEW OF TRAFFIC REQUESTS / PROJECTS PENDING/ACTION REQUIRED
1. School Zone for Siskiyou School on Clay Street
At September meeting some preliminary findings were presented regarding the formation of a school
zone designation for the Siskiyou School at 631 Clay Street. Some critical information was missing
preventing a final determination and the issue was referred to the October 26th meeting.
Staff was able to meet on site with the school administration on October 11 to look closely at some of
the issues and concerns of the school and the Public Works Department. A letter from the school was
also provided addressing some of the questions and concerns that arose from the September 14th
meeting.
BACKGROUND
The Siskiyou School is a private school which will occupy the former church property at 631 Clay
Street. The church previously operated a small day care and pre-school at this location.
The Ashland Planning Commission recently (May 9, 2006) granted a conditional use permit and site
review to expand the use of the property for a private elementary school. The approval included the
addition of five new buildings, a parking lot and landscaping improvements.
CLAY STREET
Clay Street is classified as a major collector and provides sole access to the school. Clay Street is
unusual in that it is a county road under the jurisdiction of Jackson County, but is located wholly within
city limits. The street is improved to minimal standards including a substandard pavement surface (oil
mat), narrow surface (less than 20 feet) and open drainage ditches. There are no curbs, bike lanes,
sidewalks or marked crosswalks on the entire street. Maintenance by Jackson County is minimal and
consists mainly of asphalt patch and occasional ditch cleaning. The street has an approximate grade of
5.5 % and has a straight alignment except a 900 curve at the north and near Ashland Street. There are
two intersecting streets; Takelma Way and Diane Street and both form Tee intersections. There are no
traffic control devices except stop signs. The posted speed limit is 25 mph at Siskiyou Boulevard and at
Faith Avenue. The traffic volume is approximately 1050 vehicles per day.
SCHOOL ZONES
School zone establishment is a well controlled process and requires that an engineering study be
conducted to determine whether or not the street should be zoned. Generally school speed zones are
encouraged where all of the following conditions exist: 1) The posted speed zone does not exceed 35
miles per hour; 2) The roadway is contiguous to the school property (not limited to front of school
buildings); 3) There is at least one marked school pedestrian crossing within the proposed 20 mph
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school speed zone which is part of the school's "Safe Route to School Plan."; 4) The property houses a
full time public or private school; 5) The school is elementary or middle level (schools that include
grades K-8) instruction; 6) The establishment of a school speed zone is supported by an engineering
study.
Presently items 3 and 6 are not in place or available. The entire street is rural in its appearance and
there are no sidewalks or crosswalks in place. Although the main goal of establishing a school speed
zone is the protection of a main crosswalk, the absence of any pedestrian amenities on Clay Street
does indicate some additional protection is needed.
The other missing element in the determination of a school zone is the engineering study which should
include the following: 1) Crash history; 2) Traffic volumes; 3) Gap study; 4) Number of bicyclists riding
to school; 5) Number of pedestrians utilizing the school crossing; 6) Speed study for all directions of
travel at the proposed location; 7) Examination of conditions adversely affecting pedestrian and bicycle
safety (i.e. location of bicycle parking, horizontal and vertical sight distance); 8) Examination of the
school's "Safe Route to School Plan" including a review of planned adult crossing guards; 9) Input and
participation in the engineering study by the school district, traffic safety committees and other
community representatives (including participation in data collection and analysis).
Following is a summary of the findings of the study:
1. Crash History: No crashes were reported in the past five years in the vicinity of the school. The
90 degree curve north of the school is, however, the location of numerous near misses and
unreported side-swipes resulting form vehicles failing to keep to the right.
2. Traffic Volume: For the week of October 2 to October 10, 2006 the total volume was 562
vehicles per day. The average hourly volumes indicate that 7:00 AM is the morning peak time
with an hourly volume of 55.8 vehicles per hour. The PM peak is 2:00 PM with a volume of 46.6
vehicles per hour.
3. Gap Study: A gap study was not necessary with the low volume of traffic.
4 & 5. Number of Bicyclists and Pedestrians Traveling to School: The September 25th letter
anticipated enrollment (next year) at 155 students. Approximately 36% (56 students) are expected
to walk or bike to school at least once per week. The remaining students are likely to use single
vehicle delivery or car pool. Vehicle loading and unloading is carried out on campus. Loading and
unloading on the street is strongly discouraged.
6. Speed Study
Average speed 21.9 mph
85th percentile speed 28.4 mph
Top speed recorded 48.5 mph
Speed zone 25 mph
The speed adjacent to the school appears to be within acceptable limits probably due in part to
the rough conditions of the street surface and the narrow street width.
7, 8 and 9. Conditions: The nature of the street is not conducive to pedestrian or bicycle travel as
there are few facilities that encourage that mode of travel. It is anticipated that much of the
pedestrian travel will be via the public pedestrian path that connects the Clay Creek Gardens
Subdivision to Clay Street. Another path will connect the Clay Street Park to Clay Street and will
intersect Clay Street about 30 feet north of the Clay Creek Gardens path.
Currently there are no marked crosswalks on Clay Street and no full intersections. There are only
two "Tee" intersections (Takelma Way and Diane Street) and neither intersection has crosswalks or
any traffic control signs on Clay Street.
CONCLUSION AND RECOMMENDATION
The Safe Route to School plan is still being developed with the assistance of RVCOG.
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Staff recommends the following:
1. A school zone be established on Clay Street adjacent to the Siskiyou School. The zone to be
approximately 500 feet long and would extend 210 feet south and 290 feet north of the center
of the south driveway.
2. A crosswalk be marked across Clay Street at the location of the public pathway into Clay Creek
Gardens. The crosswalk to be 114 feet north of the south drive and 30 feet south of the north
drive. The crosswalk to be marked in a continental style with standard Sl-l signs with S16-7
arrow located on each side of the crosswalk. Advance warning signs (Sl-l with W16-9p) should
also be installed approximately 400 feet in advance of the crosswalk on the north and south
bound lanes.
3. The school zone be marked by the school zone sign at the beginning of the zone and a 25 mph
speed sign at the end of the zone.
4. Four additional 25 mph speed zone signs (2 on each side) be placed on Clay Street between the
school zone and Siskiyou Boulevard.
If the recommendation is approved by this commission it will be necessary to coordinate with
Jackson County Roads for approval and authorization.
Discussion:
One solution that has come out of the discussions is to create a pedestrian path through the Clay Creek
Gardens property. This has become part of the safe route plan. All loading and unloading will take
place in the parking lot of the school. The traffic direction will be one way with the exit to the north
entrance. School zone signs and advance warning signs will be added on both sides of the street along
with 25 MPH signs. Olson spoke with Jackson County and they are on board with the additions. The
City crews will do the work installing the signs because the County would want to run their own study
and it is more time efficient for the City to do the work. More work will be performed around the front
of the school to help make the location more visible.
Lexie Delgado, 2030 Wine Street, parent representative for the Siskiyou School has been working on
the project. The additional building started construction today and landscaping will be after the
construction. The goal is to have visibility of the school and children along the road and paths. They
will encourage walking children to use the path through the Clay Creek Gardens because it is much
safer than coming out on Clay. They are very satisfied with the help of the City and Commission.
Decision:
Massie moved to accept staff recommendation and have the City install the signs to have the zone
established by January. Seconded by Doyle, motion passed unanimously.
2. Bicycle & Pedestrian Issues
The Bike and Ped commission has asked for Traffic Safety to help support the BTA education program.
They are looking for $1,500. Warshawsky asked if kids are getting the message and is this an effective
tool. Massie is not opposed to offering support, but like to know more details on the program. Is it
possible to have the trainer at one of our meetings in the future. He would like to have an example
from the teacher. Swales commented that time wise we could delay until December. He could be at
one of our meetings and teach the class to us. Olson will talk with the liaison to the commission.
There is a brochure in the packet regarding rubber sidewalks because of their potential use. Rubber
sections could be useful around tree root problem areas. The concrete use is $5 per square foot and
the rubber sidewalks are $7 per square foot. There is a special treatment for the subbase. The
downside of the rubber is it has a short life of five years. Doyle supported looking for grants and
having the tree commission offer areas of possible application. Swales agrees that the short longevity
is a problem, but does see where the comparison could be useful. Olson will see if ODOT has
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approved the use. They have a rigorous and extensive testing policy on new products before they are
approved.
3. Abbott Avenue Traffic Issues
The Chautauqua Trace Homeowners Association expressed concern over the increased traffic volume
and traffic speed on Abbott since the completion of Bud's Dairy Subdivision which extended Abbott
Avenue to Clay Street. They have requested that stop signs be placed on Brooks Lane and Crocker
Street at Abbott Avenue and that speed limit signs or speed bumps be placed on Abbott Avenue.
The Chautauqua Trace Subdivision was developed in two phases the last of which was completed in
2000. That subdivision created 89 residential lots and three streets including Crocker Street, Brooks
Lane and Abbott Avenue. The development connected to East Main Street at Crocker Street and to
Tolman Creek Road at Abbott Avenue. The Chautauqua Trace Subdivision is now fully built-out.
Bud's Dairy Subdivision developed last year provided for the extension of Abbott Avenue to Clay Street.
Dollarhide Way and Engle Street were also created in the Bud's Dairy Subdivision along with 36
residential lots. Bud's Dairy is now approximately 95% built-out.
Both Chautauqua Trace and Bud's Dairy Subdivisions were designed with traffic calming in mind.
Chautauqua Trace was designed with extremely narrow 20 foot streets with parking bays and parking
areas. There is on-street parking allowed. During the planning of Bud's Dairy Subdivision, the
Chautauqua Trace Homeowner's Association lobbied the Planning Commission for active traffic calming
devices on Abbott Avenue. Many felt that with the opening of Abbott between Clay and Tolman Creek
Road, traffic speeds and volumes would increase.
The final design of Abbott Avenue included the following traffic calming features:
1. Narrow Street - Abbott Avenue is 28 feet wide with parking allowed on both sides of the street.
This effectively reduces the useable travel lanes to 20 feet or less. With parking on both sides of
the street motorists are required to weave between parked cars.
2. Curb Bumpouts - Curb bumpouts are constructed at the intersection of Abbott and Engle and Engle
and Dollarhide. This, again, effectively narrows the street and provides additional safety for
pedestrians at crosswalks.
3. Curved Alignment - The areas of straight street section are minimized by the use of curves to help
slow traffic.
The association letter compares the Chautauqua Trace and Bud's Dairy development to the Ashland
Meadows Subdivision development west of Clay Street in the near vicinity. The letter refers to 15 mph
speed limit signs placed on Creek Drive and Meadow Drive and have requested similar treatment.
Those 15 mph speed zone can only be authorized on an alley. State statutes set residential street
speeds at 25 mph. In response to the letter, engineering staff installed traffic classifiers at two
locations on Abbott Avenue to determine the extent of the speeding problem, with very surprising
results.
Sampling location No. 1 (Abbott Avenue between Brooks Lane and Crocker Street):
1. Average speed 17.1 mph
2. Average 85th percentile speed 20.9 mph
3. Maximum recorded speed 29.6 mph
Sampling Location No.2 (Abbott Avenue between Dollarhide Way and Engle Street):
1. Average speed 18.9 mph
2. Average 85th percentile speed 22.8 mph
3. Maximum recorded speed 31.4 mph
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There results now hold the position of the second lowest speeds ever recorded in a subdivision in
Ashland. The lowest speeds were record in Ashland Village Subdivision off North Mountain Avenue. We
almost never see 85th percentile speeds lower than the legal 25 mph speed limit yet that is the case on
both measured sections of Abbott Avenue.
On very narrow streets the perception is common that traffic appears to be moving much faster than it
actually is. This perception comes about as the vehicles are generally closer to the observer and
background references are usually closer together.
The average traffic volumes on Abbott Avenue are still very low (less than 400 vehicles per day) and do
not warrant placement of stop signs. The volume should be monitored annually to determine volume
increases as traffic patterns continue to develop and change in response to new residential
developments on Clay Street.
The traffic analysis indicates that the problem may be more perceived than actual. Current recorded
traffic volumes and speeds do not warrant further actions. I
Discussion:
The homeowner's association has asked for more traffic control devices be installed to deter speeding
and traffic along Abbott Avenue. The build out has created more through traffic. The traffic counts
are still low and do not warrant stop signs and the speed studies show remarkably low speeds. At this
time there is no evidence to warrant the addition of further controls. The reason for the low speeds
stems from the narrow width of the streets. It is common for people to perceive that vehicles are
traveling at a higher rate of speed then they actually are. The addition of the Abbott Avenue
connection from Clay Street to Tolman Creek Road will add another viable path for vehicles to access
Tolman Creek Road. Massie and Mannion both felt that some drivers could choose the Abbott Avenue
path instead of driving to East Main Street to access Tolman Creek Road. The turn onto East Main
Street merges with faster traffic, the travel through the subdivision may be more appealing. Swales
commented that there was consideration from the Planning department during the application process
and they requested parking on both sides of the street to encourage slower traffic. No one noticed
parked cars along the road on their site visits.
Naomi Morrie, 2202 Abbott Avenue, has lived in the neighborhood for two and a half years. Cars are
parked at odd hours of the day. The streets are narrow and the parked cars impede driving. She calls
the police to report parked cars that cause vehicles to pass in the wrong lane. Three potential
accidents happened this year where cars were trying to pass through the narrowed lanes at the same
time. Dispatch informs her that illegal parking is an ongoing problem all over town. It is an ongoing
topic at the homeowner association meetings. They feel that people will begin to use Abbott instead of
using the larger streets for their travel path. The increase of traffic and the increased speeds especially
during the nice weather will cause issue with the residents. The new owners moving into the
neighborhood are driving faster. The children play in the streets and the parked cars block their
presence. It will only take vehicle driving at 40 MPH to not notice a child. There are several houses
with college age residents who drive intoxicated around the neighborhood. There are ten children
under the age of nine living on her street. This is a very cohesive neighborhood. The children have to
go into the street on their bikes when cars are parked on the sidewalks. She is very concerned with
the speeding and the driving behavior. Morrie suggested doing the speed studies on the weekends
during the summer when the rentals have more college students.
Bender felt that the psychological effect of the narrow swerving street was functioning to keep the
travel speeds low. He felt that enforcement could be more effective to help with the issues than traffic
calming features. The future studies may show some significant changes after habits are established.
Morrie says traffic is dramatically different during the summer months. Warshawsky asked if the
interconnectivity goal for the planning department seems detrimental for residential areas. Olson said
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the concept of interconnectivity was to relieve traffic on other streets and to provide residents access
to local connector streets to reduce travel time. Morrie commented that there are times when the
street is very quiet and there are times when the drunk college students are driving around and they
are not kid conscious. There are going to fast and since the connection was completed there is more
irresponsible drivers. Doyle commented that this subdivision is achieving what the goal of all
subdivision planning is trying to accomplish. He felt comfortable driving at 20 MPH through the
subdivision. Morrie said that most problems are from pass through traffic not cars on a regular basis.
Doyle felt that to do anything like stop signs would be more dangerous because of the low amount of
traffic on the road, people would start to feel there was little reason to stop and would begin to ignore
the stop sign. The other down side to a stop sign is drivers tend to accelerate after a stop. Speed
bumps were not warranted in this area. While they do control speeds they create other issues like
noise and slower emergency vehicle response times. The cost is thousands of dollars a piece. The
data collected so far does not support the need of the speed bumps. Morrie said that there are a
number of residents who have witnessed the increase in the traffic flow with irresponsible drivers. We
are definitely seeing problems when see kids playing all you need is one kid not paying attention for an
accident to happen. How much is a child in the hospital worth compared to the cost of a speed bump.
Warshawsky felt that a speed bump would not stop an accident from happening and has seen speeding
cars go over speed bumps which is just as dangerous because it is easier to loose control of the car.
The speed humps create a lot of noise as cars go over them. The problem with irresponsible drivers is
a citywide/ nationwide problem. Morrie commented that the speeding is not a priority for the police
department. There has been millions of dollars spent to build houses why is the few thousand for
speed bumps so difficult. Warshawsky asked why the Planning opened this connection when there is a
main arterial so close. There are very few connectors in this area and this will provide some relief to
the residents in the subdivisions who do not wish to go out of their ways to reach the arterials. Some
drivers will still choose the arterial for ease of travel. Driving through the neighborhoods is not always
preferable. Olson commented that the speed bumps do work for keeping traffic slowed, but there was
such a public outcry over the Oak Street bumps that the City elected to eliminate them from the traffic
calming options. Swales said there was a proposal to have a stop between Romeo and Evan Lane that
would only allow for bike and pedestrians. The plan was not accepted due to the conflict with the
transportation system plan. Morrie felt the policy on speed bumps should be reconsidered if the
residents support the addition. We are here to help keep our children safe and if there is an option the
residents would like to install it should be supported by the City. This is not fair. We are asking for
this and it seems wrong to deny us. Olson reiterated that the speeds shown on the traffic study are far
too low to warrant action. The lowest 85th percentile speeds that show a persistent problem begin at
32 MPH. From out stand point we wouldn't consider Abbott a problem street because of the low
speeds. Planning has reached one of the City goals of keeping speeds low, we can't get any better.
The 15 MPH speed signs that were mentioned in the letter are illegal and have been removed. Speeds
are set by state statute and residential areas are zoned for 25 MPH. Engineering is not seeing a
problem at this point. In the summer the study can be conducted again to show any changes. This
should reflect the increase in traffic from new residents moving into the area. Morrie asked if a request
can be made that there is a way to make no parking more evident along the road and to have the
police patrol the area and make it more of a priority to keep cars from parking on the sidewalks.
Bender thought about using signage to indicate the road is not a thoroughfare, but residents will use
this as an alternate for other relief so philosophically, this is a thoroughfare and the sign wouldn't help.
The road is a local neighborhood street which is the lowest class of streets for 25 MPH and the narrow
widths keep the traffic slow. A wider street would encourage faster traffic. Olson suggested maybe
putting in signage about no parking or painting the curb yellow. The only problem would be that to
start painting yellow, how do you cover the entire subdivision. Bender commented that to remove the
parking would open the street up to potential speeding increases. Morrie said that people pass the
parked cars without slowing down. Olson commented that maybe we need to use scattered parking to
queue traffic in and out between the parked cars to make traffic slow to pass other cars.
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Robert Keasbey, 2316 Abbott Avenue, has lived in the area for a long time and feels this is a catch
twenty-two situation. Several other subdivisions going in the area with more be able to absorb the
traffic from others and like to think it is anticipated that this was the travel option of choice. Going
over the bridge is suicide and will push them over to Abbott Street. This development is not finished
yet we will have even more potential for more traffic if easier way out then onto Ashland Street or onto
East Main. It is not easy to get on Ashland and when find Abbott they will use it. The last layer of
asphalt hasn't been added yet and there is a seam in Abbott that works as a slight speed bump.
Coming from the 28 foot width to the narrower part at the S curve drivers hit the asphalt seam and
slow down some. The only other deterrent is the S curve itself making visibility difficult. He agrees
that there is a problem with the amount of parking happening on the street. The development was not
built with enough parking or large enough garages. The cars do encroach on the sidewalk. We need
to get people to park in their garages and then visitors will be able to park in the driveways and
parking bays. They were trying to do too much to make up for mistakes made in the Bud's Dairy
development. Russ Dale promised that if traffic safety felt we could put crosswalks on the streets. The
Commission has been reluctant to allow the crosswalks which he doesn't understand. If a child or old
guy is bonked as they are coming out between two parked cars because the drivers are whizzing by
too quickly as they come around the S curve it will be a tragedy. He supports the crosswalks but
doesn't want to have speed bumps because they mess up cars. The planning and design were done
correctly for planning purposes but it is not working. Somewhere in the near future there will be a
disaster due to the connectivity problem.
Morrie commented that there was another gentleman here to speak and he supported the speed bump
addition. Olson felt that the approval of the Willowbrook Subdivision will help to improve the section of
Clay Street at the connection to Ashland Street. The improvement will give that end of the street
curb, gutter and will add a right turn lane for traffic turning onto Ashland Street. Massie didn't see why
the use of Abbott would be preferable to using East Main Street where there is less congestion. Massie
felt that the residents should talk amongst one another and ask for them to slow down.
Decision:
Massie moved to complete another traffic study after the final overlay is complete and a reasonable
amount of time has passed from the completion of the Willowbrook Subdivision, perhaps in the spring.
Massie amended the motion to perform a study before and after the completion of Willowbrook to
gauge the impact of the subdivision to show if there are increases in traffic and speeds. Morrie asked
if there was some tool to help make people more aware, like marking crosswalks or painting curbs.
Massie suggested a letter to the neighbors and the use of the KKAD 25 signs. Bender seconded the
motion and amendment. Vote called and passed unanimously.
4. A Street Alley Traffic Issues
Another issue that came up at the September Bike and Pedestrian Commission meeting was a request
for additional signage or other safety features at Fourth and Sixth Streets where they intersect on the
north side of A Street. Apparently conflicts between pedestrians and bicyclists with vehicles have been
noted at these two locations. The two streets are interconnected by a 20 foot wide alley that abuts the
railroad property and provides an entrance to the Central Ashland Bike Path.
In the late 1990's a public alley was dedicated and built north of and parallel to A Street from Fourth
Street to Sixth Street. The connection to the alley at Fourth Street was built as an extension of Fourth
Street to the south and is 36 feet wide with curb and sidewalk on both sides of the street. This section
was built to accommodate a future extension of Fourth Street into the railroad property. The alley was
also connected at Fifth and Sixth Streets as alley connections and are only 20 feet wide.
The alley is heavily traveled by pedestrians and bicyclist and is considered to be the most westerly
terminus of the Central Ashland Bikeway. There is currently no signage at either Fourth or Sixth Street
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that would indicate the presence of bicycles nor any type of advance warning to forewarn motorists of
bikes or pedestrians in the alley.
The appropriate signage for this situation would be the standard "Bicycle Crossing" warning (W11-1)
which is a yellow diamond with bike outline. This sign alerts the road user to unexpected entries into
the roadway by bicyclists and other crossing activities that might course conflicts.
Staff recommends that these signs be placed on the west side of Fourth Street and Sixth Street
approximately 10 to 15 feet north of the north curb on A Street.
Discussion:
Massie asked if bike awareness signs could be put to alert cars coming up on both .sides. Warshawsky
does not want to add too many more signs. It feels like you're going through a parking lot now so
most people go slower anyway. There is a point when you have too many signs and you have to have
some faith in common sense. With the congestion in the area people should be careful anyway.
Massie agreed, but that this was adult thinking and there are children to think about too. Olson
witnessed at least a dozen pedestrians while he was on the site visit. They go straight to the bikepath
and there is a lot of activity in the area.
Decision:
Bender motioned to accept staff recommendation. Seconded by Warshawsky and passed unanimously.
5. Commission Questionnaire
C. Follow-Up on Previous Actions -
A. Walker and Iowa crosswalk will be completed by the street department. Parking restriction
on 3rd and Lithia Way is still not complete. The crosswalk on Church and High is started. The
weather turned before it could be finished. The Walker and Francis sidewalk could be included
in the next Miscellaneous Concrete Project.
D. Traffic Safety Education
1. Improving Safety Features for Highways, Local Roads and Streets (Dr. Mojie Takalou)
December 1, White City
E. Development Review:
1. Planning Commission Agenda
2. Hearings Board Agenda
F. Capital Projects Update: Nevada Street LID is complete.
G. Other:
1. Traffic Analysis Report for 1-5 Interchange 14 and 19 - Future meetings with ODOT are planned but
not scheduled. Olson will keep commission informed on dates.
2. Speed Bumps - Massie asked about the possible reintroduction of speed bumps into City designs.
They are effective traffic calming devices and Massie feels they need to be relooked at.
3. Goal Setting - Need to find a facilitator and set a date. Olson will work on date for next meeting.
4. Radar Gun - McClennan still working with PD on getting program started.
5. Transportation Enhancement ODOT Grant - the City application was not chosen for the
improvements to Laurel Street sidewalk and railroad improvement.
NEXT MEETING DATE: December 7, 2006
IV. Adjourned 8:56 PM
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CITY OF
ASHLAND
ASHLAND TREE COMMISSION
MINUTES
October 5, 2006
CALL TO ORDER -Chair Bryan Holley called the Ashland Tree Commission meeting to order at 7:00 p.m. on October 5, 2006
in the Siskiyou Room in the Community Development and Engineering Services Building located at 51 Winburn Way,
Ashland, OR.
Council Liaison
David Cha man
Staff Present
Am Anderson, Assistant Planner
Anne Rich, Parks De artment
Carol Schwendener, Account Clerk
APPROVAL OF MINUTES
Page 3 Landscaping Professional Ordinance paragraph, last sentence should read the Commissioners agreed to send this on to
legal not Siegel. PritchardlRich m/s to approve the minutes of September 7, 2006. Voice vote: all AYES, Motion passed. The
minutes of September 7,2006 were approved as corrected.
PUBLIC FORUM
John Galbraith, Landscape Architect, 318 S. Grape Medford asked for clarification regarding the project at 150 Lithia Way.
The Commissioners confirmed that the tree he originally wanted to plant, Green Vase Zelkova, would be OK to plant due to
the use of structural soil.
PUBLIC HEARINGS
PLANNING ACTION 2006-00612 is a request for Site Review approval to construct a mixed-use development comprised of
7,841 square feet of general office space and six residential condominiums for the property located at 160 Helman S1. An
Administrative Variance to the Site Design and Use Standards is requested to reduce the required landscape strip between the
parking area and property line to less than the required five-foot minimum. COMPREHENSIVE PLAN DESIGNATION:
Employment ZONING: E-l; ASSESSOR'S MAP #: 39 IE 04 CC; TAX LOT#: 2100.
APPLICANT: Siskiyou LLC/James Batzer
The Commissioners originally reviewed this Planning Action in July and asked for an arborist report and a utility plan to look
at in conjunction with the Tree Protection plan. The Commissioners also previously had issues with TID moving closer to the
Oak trees on the east side of the property line.
Applicant testimony: Mark Knox, Urban Development Services, 320 E Main Suite 202 Ashland, John Galbraith, Landscape
Architect, 318 S. Grape Medford and Mike Minder were present to represent the applicants and answer questions. Mr. Knox
stated that the changes made with the project had to do with the design of the building, the plaza area and the materials. Items
that the Historic Commission had requested. Mr. Knox confirmed that all the utilities will be underground.
The Commissioners agreed that all the changes to the project were for the better.
Recommendations:
1) Tree Commission recommends that a certified arborist be on-site for the pruning of the trees along the east property
line.
2) Tree Commission supports changes made to plan increasing planter sizes and moving of utility lines away from trees.
3) Tree Commission recommends directional boring instead of trenching when installing new utility lines if within tree
protection zones.
DISCUSSION ITEMS
Domestic Vegetation Management Ordinance-Fire Department - Marguerite Hickman, Fire Marshal and Chris Chambers,
Forest Resource Coordinator, were present to discuss this proposed ordinance and answer questions. Ms. Hickman shared that
about two and half years ago the Fire Department began a discussion regarding fires that were propagated through domestic
vegetation. In November of 2005 they appeared before the City Council for a Fire Code Adoption. The Council asked the Fire
Department to consider what other fire protection measures they could take to enhance the Fire protection in the City. They
went back to the Council and presented the Vegetation Management Ordinance. The Council requested they come back with
an "actional" item.
The Planning Department indicated concerns regarding the Ordinance recognizing possible conflicts between this Ordinance
and Chapter 18.72. They requested that the Fire Department come before the Tree Commission requesting their input on how
they think the ordinance could be modified to meet and cooperate with what they work to accomplish in the City. Ms.
Hickman stated that their goal is to mitigate fire hazard not to hamper any creative process that Landscape Professionals might
have nor to decrease the aesthetic values that land owners may have in mind.
The Commissioners suggested a much more extensive approved plant list be provided to home owners. It was also suggested
that a list of what absolutely not to plant might be an easier way to go. The Commissioners decided to put together a sub
committee at the next months meeting.
Commission Powers and Duties 2.25 - Holley distributed the draft he has been working on incorporating all the
Commissioners suggestions. The Commissioners will review the draft and bring it back next month for discussion.
ACTON ITEMS
Tree of the Year Nominations - The Commissioners discussed the nominations for Tree of the Year. The only rules that
apply to the nominations are that the tree must be visible to the public and it cannot be on Parks land. The following five trees
are the winning nominations.
Pacific Madrone-Arbutus menziessi at Mountain View Cemetary (on north side of Ashland S1. along dirt service road in
middle of Cemetary)
Redwoods-Sequoia Sempervirens at 65 Granite Street
Western Juniper- at 126 Church Street
White Oak-Quercus garryana at 1209 Iowa Street
Douglass Fir-Pseudotsuga menziesii at 108 Granite Street
Amy will put the ballot on the City website, newspaper, City Hall, Utility Office, Chamber of Commerce and at the counter in
the Community Development Building.
ITEMS FROM COMMISSIONERS
Liaison Reports - Chapman did not have a report.
Rich reported that she had recently attended an ISA Arborist convention in Redmond, Washington. Rich learned that pervious concrete is
very difficult to maintain and that the only effective way of removing debris from it is through vacuuming.
Tree Grates. The Commissioners asked Rich to pass on the information that they have gathered regarding alternatives to cast iron grates
to Paula Brown. They would like Amy to ask Paula Brown if she would be willing to order one each of aluminum and one plastic for their
review.
Alder Tree Sculpture - Holley distributed a picture of the sculpture at 96 N Main. He attended the ceremony last Saturday and represented
the Tree Commission. He was quite impressed with the ceremony.
Backpage Articles - Holley read an email from Scott Boslinger from the Daily Tidings stating that all the Tree Commission needs to do is
send in the Backpage article with the date they would like to have it published by. Holley volunteered to do an article for October regarding
the five finalists for the Tree of the Year and Siewert volunteered to write an article about Living Christmas Trees for the November back
page.
Tree Clinics - Pritchard has scheduled a Tree Pruning Seminar for Saturday January 6, 2006 from 1 :00 to 2:30 at North Mountain Park.
ADJOURNMENT - Commissioner Holley adjourned the meeting at 9: 16 p.m.
Respectfully submitted by, Carolyn Schwendener, Account Clerk
2
CITY OF
ASHLAND
ASHLAND TREE COMMISSION
MINUTES
November 9, 2006
CALL TO ORDER -Chair Bryan Holley called the Ashland Tree Commission meeting to order at 7:00 p.rn. on November 9,
2006 in the Siskiyou Room in the Community Development and Engineering Services Building located at 51 Winburn Way,
Ashland, OR.
Commissioners Present Council Liaison
Bryan Holley David Chapman, absent
Mary Pritchard
Laurie Sager, absent Staff Present
Ted Loftus, absent Amy Anderson, Assistant Planner
Steve Siewert Anne Rich, absent
Colin Guilev Carolyn Schwendener, Account Clerk
APPROVAL OF MINUTES
Second page under Discussion Items second paragraph down should read Chapter J 8.72. Pritchard/Siewert m/s to approve the
minutes of October 5, 2006. Voice vote: all AYES, Motion passed. The minutes of October 5, 2006 were approved as
corrected.
PUBLIC FORUM
None present
PUBLIC HEARINGS
PLANNING ACTION #2006-00612 Site Review approval for a mixed-use development comprised of general office space
and six residential condominiums for the property located at 160 Helman St. A Tree Removal Permit is requested to remove
two trees on site that are sized six inches diameter at breast height and greater. COMPREHENSIVE PLAN DESIGNATION:
Employment District WIResidential Overlay; ZONING: E-I; ASSESSOR'S MAP #39 IE 04 CC; TAX LOT: 2100.
APPLICANT: Siskiyou LLC/James Batzer
}> Re-review of landscaping at corner of Helman and Van Ness based on changes made at Planning
Commission to push back building on that corner.
Site Visits and Ex Parte Contacts - All the Commissioners did a site visit previously when this Planning Action was fIrst
reviewed by the Tree Commission at the October 5, 2006 meeting.
There was no new staff report.
Applicant testimony - Mark Knox, Urban Development Services, 320 E Main Suite 202 Ashland spoke representing the
applicants. Mr. Knox asked the Commissioners if they would be willing to accept the three foot planting strip with lavender in
it and inquired how they felt about a meandering 5 foot sidewalk. The Commissioners discussed this Planning Action and
agreed it was a very good solution because a meandering sidewalk allows for a much deeper planting space and room for a
tree.
Recommendations:
1) That the street tree root barriers shall be installed laterally along the sidewalk, the building and the street.
2) That the Tree Commission supports the proposed meander of the sidewalk to increase the planting area at the corner of Van
Ness & Helman streets.
Mr. Knox asked to speak regarding the tree that fell at 380 Clay St. Mr. Knox stated that the neighbor had implied that if the
tree had been properly pruned it might not have fallen. Mr. Knox strongly felt that there was no way anyone could have
predicted that the tree would fall regardless if it had been pruned or not. Tom Myers, CertifIed Arborist, inspected the tree and
confIrmed that the tree had rotted and recommended that it be removed immediately. Mr. Myers also recommended that the
other trees on the property be pruned. Mr. Knox wanted the Tree Commissioners to know that they are in the middle of doing
their due diligence and caring for the trees.
PLANNING ACTION #2006-01663 A request for an Annexation and Comprehensive Plan and Zoning Map change from
Jackson County zoning RR-5 (Rural Residential) to City of Ashland zoning R-2 (Low-Density Multiple Family Residential),
R-I-3.5 (Suburban Residential) and R-l (Single-Family Residential) for an 11.64-acre site comprised of five parcels located at
87 W. Nevada St. and 811 Helman St. (Ashland Greenhouses). The Ashland Comprehensive Plan Map identifies the site for
Single-Family Residential development (R-l zoning), and therefore, the proposal includes a Comprehensive Plan Map Change
to modify the Single-Family Residential designation to Suburban Residential (R-I-3.5 zoning) and Low Density Multi-Family
Residential (R-2) designations. The proposal requires Outline Plan and Site Review approvals to develop the property as a 78-
unit multi-family development and subdivision under the Performance Standards Options Chapter 18.88. A Tree Removal
Permit is requested to remove a 36-inch diameter at breast height Oak tree. Exceptions to the Street Standards are requested to
install a curbside sidewalk on one side of one of the proposed streets, for not locating a street adjacent to natural features and to
build two dead-end streets. Variances are requested to reduce the on-street parking requirement from 78 to 38 spaces, to
reduce the rear yard setback requirement for six of the town homes in the northwestern comer of the site from 20 feet to 12, 14
and 16 feet, and to reduce the required distance between buildings for the 27 cottages in the southwestern comer of the site.
An Administrative Variance to the Site Design and Use Standards is requested to have the primary orientation to the south
rather than the street as required. COMPREHENSIVE PLAN DESIGNATION: (Current) Single-Family Residential to
(Proposed) Multi-Family Residential & Suburban Residential; ZONING: (Current) RR-5 & R-I-7.5 to (Proposed) R-I-3.5 &
R-I-7.5 & R-2; ASSESSOR'S MAP #: 39 IE 4B; TAX LOTS: 800 & 1100 and ASSESSOR'S MAP #: 39 IE 4BB; TAX
LOTS: 700, 800, & 900
APPLICANT: Forrester & Williams
Site Visits and Ex Parte Contacts - All the Commissioners did a site visit.
The staff is asking for a continuance of this Planning Action and Amy confirmed that the issues that were addressed in the staff
report that are recommending continuance have nothing to do with landscaping, open space or tree removal. Everything that
the Tree Commission would recommend would be incorporated into the final plan that would come back to the Commission as
a Type 1.
Applicant Testimony - Applicants Valri and Greg Williams were present. Kerry KenCairn, Landscape Architect spoke
representing the applicants. Ms. KenCairn said that no tree report was submitted because she felt that the maps were sufficient
enough. Ms. KenCairn explained the purpose for removing the trees that are designated for removal.
Holley commented that citizens are urging the Tree Commission to plant native trees especially Oaks and encouraged Ms.
KenCairn to plant the native Oaks wherever possible. Pritchard said she would like to see more conifers planted.
Holley asked if the individual landscaping plans for the various buildings will be coming before the Tree Commission. Amy
said that the R-2 development properties are subject to site review and cottages would be required to have separate landscaping
plans so they would come back before the Commission.
Recommendation:
I) Tree Commission supports project outline plan as proposed.
ACTION ITEMS
Fire Dept. Ordinance subcommittee volunteers. Sager and Holley will be representatives at this time.
ITEMS FROM COMMISSIONERS
Liaison Reports - No reports given
Land Use Ordinance Review (Siegel Report) - Tabled until next month's meeting.
Changes to the agenda - Holly asked that Ordinance Revisions be dropped from the agenda, that the year 2007 is added to
Tree Walks and that Tree Grates/Sager is added under Old Business. Amy suggested that the Commissioners visit the YMCA
and Gathering Glass on A Street where plastic grates were used and the results were undesirable.
The Commissioners briefly discussed the future of the Tree Commission. The Commission is down to six members with no
new applications received at this time. Holley said there appears to be some political energy in town questioning the value of
all the Commissions. The Commissioners agreed to put this on next month's agenda.
Tree of the Year Winner: The Pacific Madrone at Mountain View Cemetery won with 18 votes out of 39. The
Commissioners discussed the low voting turnout and agreed to put it on the agenda for discussion.
2
Beginning next month Holley will be asking Sager to take over the responsibility of the Daily Tidings Backpage Articles.
Commission Powers and Duties 2.25 -The Commissioners discussed the revisions made to the ordinance.
The Commissioners discussed the idea of the metal grates. Amy was typing a memo regarding the City's support of tree grates
and felt that it should be written by the commissioners as opposed to her.
Siewert will write the article about Living Christmas Trees in time for Thanksgiving in hope that the Tidings will publish it in a
timely manner. .
ADJOURNMENT - Commissioner Holley adjourned the meeting at 8:40 p.rn.
Respectfully submitted by Carolyn Schwendener, Account Clerk
3
CITY OF
ASHLAND
Council Communication
Appointment to Ashland Community Healthcare Services Board of Directors
Meeting Date:
Department:
Approval:
December 19, 2006~
City Recorde~ttJA l
Martha Bennjl '\;
Primary Staff Contact: Barbara Christensen
488-5307 christeb@ashland.or.us
Estimated time: Consent Agenda
Statement:
Neil Kunze has resigned from the Ashland Community Healthcare Services Board of Directors.
He was appointed to the Board for a four-year term that expires in June 30, 2007.
Doug Gentry is being recommended by the Board of Directors for the appointment to the
unexpired term ending June 2007.
Background:
Ashland Community Healthcare Services Articles of Incorporation Article VIII (B) gives the
authority and responsibility to the City of Ashland (Member) to appoint the Corporation's
Directors based on the criteria set forth in Articles IX.
The Bylaws of Ashland Community Healthcare Services Section 4.4 state that the Board shall
consider potential candidates and forward such recommendations to the Member for its
consideration when appointing persons to fill vacancies on the Board of Directors.
Council Options:
Approve or disapprove Ashland Community Healthcare Services recommended appointment.
Staff Recommendation:
None
Potential Motions:
Motion to approve appointment of Doug Gentry to the Ashland Community Healthcare Services
Board of Directors for a term ending June 2007.
Attachments:
Letter of recommendation
r.,
From:ACH
5414887411
12/11/2008 12:34
1423 P.002/002
.."
Ashland Community Hospital
December 11, 2006
Ashland City Council
C/o Barbara Christiansen, City Recorder
20 East Main Street
Ashland, OR 97520
Dear Barbara,
In aCCOrdance with Section 4.4 of the Bylaws of Ashland Cornmunity Healthcare Services, the
Board of Directors is pleased to recommend the appointment of Doug Gentry to the Board. This
appointment will fill a vacancy created by the resignation of Neil Kunze, whose first four-year term
expires in June 30,2007.
The Board of Directors uses a careful approach of screening and evaluation in making
recommendations for appointment to the Board. In addition to the criteria outlined in Article IX.
Section A of the Articles of Incorporation of Ashland Community Healthcare Services, the Board
seeks to ensure a range of skill sets, experiences and perspective within the Board. This approach
. has been very successful in providing the hospital with the cohesive, collaborative and competent
leadership so necessary in the complex and challenging healthcare environment.
Thank you for your careful consideration of this appointment and for your continued support of
Ashland Community Hospital.
Mark E. Marchetti
Chief Executive Officer
Ashland Community Hospital
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SOUTHERN
OREGON
UNIVERSI1Y
March 16, 2006
City of Ashland:
I am pleased to submit my application for appointment to the Board of Directors of the Ashland
Community Hospital. I have attached both the formal application and a copy of my resume.
Civic service is both an obligation and a reward for its participants. Our active involvement in
the key activities and institutions in the community is necessary if those activities and institutions
are to be successful and in line with the interests ofthe community. In addition, participation is
very rewarding, as we develop relationships with other community volunteers, city staff, and in
this case hospital staff.
Ashland Community Hospital is a rare healthcare organization; small enough to provide close,
attentive service to the community, yet sophisticated enough to provide a broad range of
essential services.
I am anxious to do what I can to maintain and improve the hospital's unique contribution to the
community. I spent over twenty years in the healthcare industry, dealing with issues of
insurance, financing, healthcare utilization, public policy, consumer satisfaction, and marketing.
More recently I have devoted time and energy in teaching - with a regularly offered course in
healthcare .economics for upper division students at Southern Oregon University.
I have served on the boards of a number of not- for-profit organizations and understand the
careful balance board members must exercise in fulfilling their fiduciary responsibility and in
supporting and encouraging the work of the professional staff.
I appreciate the chance to be considered for appointment to the board and look forward to any
further opportunity to review my application with you.
Department of Economics
1250 Siskiyou Boulevard
Ashland, Oregon 97520-5082
Tel 541-552-6431
Fax 541-552-6439
CITY Of
ASHLAND
APPLICATION FOR APPOINTMENT TO
ASHLAND COMMUNITY HOSPITAL
BOARD OF DIRECTORS
Please type or print your answers 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_Douglas Gentry
Address_574 Long Way Ashland
Occupation_University Instructor_
Phone: Home 541-201-0358
- -
Work 541-261-8501
- -
Email_gentryd@sou.edu_
Fax .
Please answer the Questions based on the followine criteria:
ASHLAND COMMUNITY HEALTHCARE SERVICES
ARTICLES OF INCORPORA nON
ARTICLE IX - DIRECTORS
A. The Corporation shall be governed by a Board of Directors (the "Board") consisting
of not less than ten (10) nor more than twelve (12) directors. The Corporation's
Members shall select and appoint Directors of the Corporation from among persons
who are residents of the Area, based on the following criteria:
1. An interest in and involvement with the Ashland community.
2. Interest in and knowledge of healthcare.
3. Willingness to participate in continuing education and Board self-evaluation, in
accordance with Board policies.
4. Willingness and ability to attend Board meetings.
5. Leadership experience and effectiveness.
6. Possession of skill that contribute to effective governance.
7. Ability to think and communicate clearly.
8. Ability to work cooperatively with others.
B. Collectively, the Directors selected shall be broadly reflective of the Area's residents.
Further, no more than twenty (20) percent of the total number of Directors holding
office at any time shall concurrently be members ofthe medical staff ofthe
Corporation's hospital, and no Director shall concurrently serve as a member of the
Ashland City Council.
1. Education Back2round
What schools have you attended? Stanford Univ. , University of Michigan (MPH)
What degrees do you hold? Stanford BA - Sociology (1973)
University of Michigan - MPH (1975) Medical Care Admin
University of Michigan - MA (1976) Applied Economics
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?
17 years in various marketing and analytic positions - Kaiser Permanente Med.
Care Program
6 years independent healthcare consultant: consumer surveys, strategic planning
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why?
I am always happy to attend training and conference sessions, though I suspect I
could also lead several. I have conducted workshops for a variety of health care
audiem:es - on health care policy issues.
3. Interests
Why are you applying for this position?
I believe every citizen in a community has a duty to contribute their time, skills, and
experience for the benefit of the community. I volunteer in other arenas (Rotary,
Shakespeare Festival, Newcomers Club). In the case of the hospital I have an
opportunity to offer my services more directly related to my professional training
and background.
4. Availabilitv
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings?
My schedule is fairly flexible, though I typically have teaching c9mmitments 6-7
hours a week in the daytime and two evenings a week. The regularly scheduled
board meeting works well for my schedule, and I have been able to meet other
committee meeting schedules fairly easily.
5. Additional Information
How long have you lived in this community?
Just under 2 years
Please use the space below to summarize any additional qualifications you have for this
position
I teach an upper division (Juniors and Seniors) course in health economics at
SOU once each school year, and in California regularly taught health economics and
healthcare f"mance courses in a Masters in Health Administration program at Saint
Mary's College.
I can probably contribute to board and committee discussions on finance issues,
insurance issues, and marketing. I have managed large scale consumer and patient
satisfaction surveys and worked with health care data reporting and analysis.
I also supplement my teaching income as an independent web developer, and can
probably be helpful with discussions regarding the strategy, structure, and content
of the hospital's web presence.
Date
M~ J~ oJtJ{)~
.
Signature
~.l'
Douglas W. Gentry
574 Long Way
Ashland, Oregon 97520
(541) 261-8501 · doug@dynapolis.com
www.dynapolis.com
ACADEMIC EXPERIENCE
Southern Oregon University
Lecturer, 2004 - Present
Department of Economics
Courses:
· Principles of Microeconomics
· Principles of Macroeconomics
· Economics of Healthcare
Saint Mary's College of California
Lecturer, 1996 - Present
School of Extended Education
School of Economics and Business
Traditional Undergraduate Courties:
· Principles of Microeconomics
· Principles of Macroeconomics
· Health Economics
Adult, Graduate and Degree Completion Courses:
· Economic Environment of Management
· Financial Management
· Accounting Literacy
· Health Economics
· Healthcare Finance
Lead faculty, trainer, coordinator - online tools including Blackboard™, Prometheus™, and
other web-based solutions.
Particular interest in new teaching strategies in Economics, including Problem-Bas.ed Learning.
(See www.pbl-econ.org) .
OTHER PROFESSIONAL EXPERIENCE
Dynapolis Internet Communities
Owner/Manager, 1997 - Present
Internet consulting and solutions directed largely at professional organizations and
associations, with an emphasis on building and supporting communities of interest with
Internet tools. Web sites, em ail lists, on-line forums, and database solutions.
Douglas W. Gentry
Page 2
Polaris Consulting
Principal, 1994 - 1999
Private consulting practice focused on health care strategies, business planning, and
performance measurement. Managed large scale survey projects, led training sessions
for health care executives, physicians, and marketing staffs; consulted with employer
coalitions; developed continuing education programs; developed product line business
plans health plans; conducts research evaluations of new technologies.
The MEDST A T Group / San Francisco
Regional General Manager, Western Region, 1993 -1994
Health insurance data compilation and consulting to Fortune 100 companies.
Kaiser Permanente Medical Care Program, 1976 - 1993
Director of National Accounts, 1990 - 1993
Director, Market Analysis and Planning, 1987 - 1990
Assistant Health Plan Manager/Director of Market Development, 1985 -1987
Director of Marketing, 1982 - 1985
Director of Medical Economics, 1981 -1984
Supervising Statistical Analyst, 1979 - 1980
Senior Medical Economist, 1979
Medical Economics Analyst, 1976 - 1979
EDUCATION
Bachelor of Arts, Stanford University, 1973
Sociology
Master in Public Health, University of Michigan, 1975
Medical Care Administration
Master of Arts, University of Michigan, 1976
Applied Economics
Kaiser Permanente Executi ve Program, 1984-1985
COMMUNITY INTERESTS
Youth soccer referee; Rotary Club of Ashland-Uthia Springs (Treasurer)
PERSONAL
Married, Two children
Born: April 10, 1951
CITY OF
ASHLAND
Council Communication
Contract for Rental Needs Analysis with Ferrarini and Associates
Meeting Date: December 19, 2006 Primary Staff Contact: Brandon GOldman@
Department: Planning goldmanb@ashland.or.us 552-2076
Contributing Departments: none mnAttJJA Secondary Staff Contact: Bill Molnar.A i\.-.
Approval: Martha Be;Ar t~';~~;d.or.us 552-2042 .' t v
Statement:
A Rental Needs Analysis is necessary to establish baselines and projections so the City
can better anticipate the housing needs of Ashland residents. The for-purchase
housing market is well understood through the data provided in the 2002 Housing
Needs Analysis and kept current through readily available industry data. The high priced
ownership market and the reduced development of apartments may be placing greater
pressure on Ashland's existing rental housing stock. As the City aims to provide the
appropriate mix of housing types, commensurate with the incomes of existing and future
residents, it is imperative that the City obtain a clear evaluation of unmet rental housing
needs and an informed forecast of trends. The personal services contract with Ferrarini
and Associates to conduct a Rental Needs Analysis which will provide the City with a
comprehensive understanding of the current rental market as well as the establishment
of a forecasting model.
Background:
As part of the 2006-2007 Budget Cycle the Housing Commission recommended to the
Budget Committee and City Council an allocation of $25,000 to conduct a Rental Needs
Analysis. It was expressed that such an evaluation of the rental market was necessary
to provide information to inform land use ordinance proposals as well as assist in
establishing housing priorities. The Council ultimately approved the request for the
$25,000 to fund a Rental Needs Analysis.
The City advertised for consultant services to undertake a Rental needs Analysis on
September 20th, 2006. On October 19th, 2006 three proposals were received from
consultant firms to perform a rental needs analysis including Johnson Gardner LLC,
EcoNorthwest, and Ferrarini and Associates. A team, comprised of two City staff
members and one Housing Commissioner member, reviewed the proposals and based
upon the firms approach, experience and fee arrangement, recommended that Ferrarini
Engineers be awarded the contract to perform this work.
The attached contract and scope of work has been accepted by Ferrarini and
Associates and City staff.
1
,.,
III .
Related City Policies
Ashland Municipal Code Chapter 2.50, "Public Contracts," states that contracts
exceeding $25,000 must be approved for execution by the City Council. Ferrarini and
Associates project fee estimate is $24,946, however City Staff recognizes that due to
the intent of the $25,000 review threshold, and the Council request to add this specific
item to the 2006-2007 Budget, that Council review and approval is appropriate in this
case.
Council Options:
Council may approve the contract with Ferrarini and Associates or choose not to
approve the contract.
Staff Recommendation:
Staff recommends the approval of the attached contract by the City.
Potential Motions:
Council authorizes City staff to sign the contract with Ferrarini and Associates to
conduct a Rental Needs Analysis.
Attachments:
Contract
Ferrarini and Associates proposal including the scope of work.
2
CITY OF
ASHLAND
CONTRACT FOR PERSONAL SERVICES
Contract made on the date specified below in Recital A between the City and Contractor as follows:
Recitals:
A. The following information applies to this contract:
CITY: CITY OF ASHLAND Contractor: Ferrarini & Assocciates, INC.
City Hall Address: 818 John Adams
20 E. Main St. Oregon City, OR 97045
Ashland, Oregon 97520
(541) 488-6002 Telephone: 503-723-4777
FAX: (541) 488-5311 FAX: 503-723-7221
Date of this agreement: 11/21/06 B: Date RFP 1st Advertised: September 20,2006
Beginning Date:11/22106 Proposal opening date: October 23, 2006
Completion Date:4/1/07
2.2. Contracting officer: Brandon Goldman, Housing Program Specialist
2.3. Project Name: Rental Needs Analysis
Project Description: Complete an evaluation of Ashland's rental market including data collection,
survey of Ashland residents, expert interviews, market analysis, creation of an updatable database,
projection of future rental needs, and presentation on market study findings and delivery of the
projection model to the City.
Scope of work as presented in the proposal submitted by Ferrarini and Associates dated 10/18/2006.
6.1 Contracto~s representative: Steve Ferrarini
8.3. Maximum contract amount: $25,0000
B. On the date noted above, City issued a request for proposals (RFP) for services needed by City for the
project described above. Contractor submitted a proposal in response to the RFP on the date noted above.
C. After reviewing Contracto~s proposal and proposals submitted by other offerors, City selected
Contractor to provide the services covered by the RFP.
City and Contractor agree as follows:
1. Relationshio between City and Contractor: Contractor accepts the relationship of trust and confidence
established between Contractor and City by this contract. Contractor covenants with the City to perfonn
services and duties in confonnance to and consistent with the standards generally recognized as being
employed by professionals of Contracto"'s caliber in the locality of the project. Contractor further covenants
to cooperate with City, City's representatives, contractors, and other interested parties in furthering the
interests of City with respect to the contracted services. Contractor acknowledges that City is relying on
Contractor to provide professional services in a manner that is consistent with the interests of City.
2. Definitions: Generally words, tenns 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. .
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 services and products which Contractor is required to provide under this contract.
3. Tenn: The tenn of this contract shall commence on the date specified in Recital A above and on the
completion date specified in Recital A above, or with thirty (30) days written notice to the other party.
4. Authority of Contractina 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 infonnation, interpret and define City's policies and
make other decisions with respect to Contracto"'s services.
5. Contracto"'s Services: Contractor shall provide services to City that are described in the RFP.
5.1. In connection with the services described in the RFP, Contractor shall:
5.1.1. Consult appropriate representatives of City to clarify and define City's
requirements relative to the services.
5.1.2. Cooperate with other Contractors retained by City in the exchange of
infonnation needed for completion of the services and the project.
5.2. Contractor shall commence perfonnance of services after receiving written authorization from
the contracting officer for work described in the RFP. Contractor shall perfonn the services as expeditiously
as is consistent with professional skill and care.
5.3. Contractor shall perfonn the services as an independent contractor in accordance with
generally accepted standards in Contracto"'s profession. Contractor shall be responsible for the
professional quality, technical accuracy and the coordination of all services perfonned by Contractor.
Contractor shall, without additional compensation, correct or revise any error or deficiencies in the services
that are caused by Contracto"'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 Contracto"'s services. In the event of any breach of this contract by Contractor or
negligent perfonnance of any of the services, City's cause of action against Contractor 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,
Contract for Personal Services, Page 2 of 8
2
to allow City to prosecute an action against Contractor beyond the maximum time limitation provided by
Oregon law.
5. This contract may be terminated by either party for any reason with thirty (30) days written
notice.
6. Assianment of Contractor'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 Contractor's representative in all
communications and transactions with City.
6.2. Contractor will endeavor to honor reasonable specific requests of City with regard to
assignment of Contractor's employees to perform services if the requests are consistent with
sound business and professional practices.
7. Resoonsibilities of City:
7.1. City will cooperate fully with Contractor to achieve the objectives of this contract.
7.2. City will arrange for access to, and make all proviSions for Contractor to enter upon, public and
private property as required for Contractor to perform the services.
7.3. The contracting officer will act as liaison between City, Contractor, public agencies, and others
involved in the project.
8. Payment:
8.1. City shall pay Contractor for services. No reimbursement will be made for expenses that are
not specifically agreed to by the contracting.officer.
8.2. Contractor shall submit monthly invoices to City for Contractor'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. Comoliance with Law:
9.1. This contract will be governed by and construed in accordance with laws of the State of
Oregon. Contractor shall prompUy 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 Contractor 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. Contractor is a .subject employer- as defined in ORS 656.005 and shall comply with ORS
656.017. Prior to commencing any work, Contractor shall certify to City that Contractor has workers'
compensation coverage required by ORS Chapter 656. If Contractor is a carrier insured employer,
Contractor shall provide City with a certificate of insurance. If Contractor is a self-insured employer,
Contractor shall provide City with a certification from the Oregon Department of Insurance and Finance as
Contract for Personal Services, Page 3 of 8
3
evidence of Contractor's status.
9.4. If the amount of this contract is $15,964 or more, Contractor 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. Contractor is also required to post the attached notice predominantly in
areas where it will be seen by all employees.
10. Ownershio of Documents: All documents prepared by Contractor 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 Contractor, its Contractors, agents and employees against all
damages, claims, expenses and losses arising out of any reuse of plans, specifications and other
documents prepared by Contractor without prior written authorization of Contractor.
11. Records:
11.1. Contractor shall develop and maintain complete books of account and other records on the
services, which are adequate for evaluating Contractor's performance. Contractor shall maintain records in
such a manner as to provide a clear distinction between the expenditures and revenues related to the
project and the expenditures and revenues related to Contractor's other business.
11.2. Contractor's books and records shall be made available for inspection by City at reasonable
times, to verify Contractor's compliance with this contract. City shall have the right to request an audit of
Contractor's books and records by a certified public accountant retained by City.
12. Indemnification: Contractor 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
Contractor (including but not limited to, the negligent acts or omissions of Contractor's employees, agents,
and others designated by Contractor to perform work or services attendant to this contract). Contractor
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. Contractor shall, at its own expense, at all tim~s during the term of this contract, maintain in
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, ORS 30.260-30.270, 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
force:
Contract for Personal Services, Page 4 of 8
4
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. Each certificate of insurance shall provide
proof of required insurance for the duration of the contract period.
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.
15. Termination without Cause:
15.1. In addition to the right to terminate this contract under subsection 14.3, either party may
terminate by giving the other party written notice thirty (30) days prior to the termination date.
15.2. In addition to the right to terminate this contract under subsection 14.3, Contractor 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, Contractor shall be paid for all fees
earned and costs incurred prior to the termination date. Contractor 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 Contractor shall be addressed to the Contractor's representative at the address
provided for the Contractor in Recital A above.
Contract for Personal Services, Page 5 of 8
5
17. Assianment: City and Contractor 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, assigns and legal representatives of the other party. Contractor shall not assign or
subcontract Contractor'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 Contractor.
18. Modification: No modification of this contract shall be valid unless in writing and signed by the parties.
19. Trade Secrets and Confidential Information: Contractor shall clear1y identify specific material within all
documents that is considered a trade secret or is otherwise confidential. City agrees, to the extent allowed
by state and Federal law, not to disclose to the public any identified trade secrets or confidential material.
Contractor waives any and all civil claims arising from any violation of the Uniform Trade Secrets Act (ORS
646.461) if any material is disclosed to the public if ~uch material is not clear1y and specifically identified by
Contractor.
~:t:
BY ~\-c;.. _
'gnature
BY c:::.~\ t..--J-L ~trA" -.I '\
Print Name
TITLE("r t:~, ~~\-
CITY OF ASHLAND:
BY
FINANCE DIRECTOR
DATE
CONTENT REVIEW
CITY DEPARTMENT HEAD
DATE~V~
FederallD # ~lS - 311.\c'jY,~)
DATE
ACCOUNT #
PURCHASE ORDER #
(for City purposes only)
*The completed IRS W-9 fonn and required certificates of insurance must be submitted with the signed contract.
G:\IegaI\ReedenFINANCE\Parking Enforcement Services RFP Contract (11-oS).doc
Drafted November 2005
Contract for Personal Services, Page 6 of 8
6
Foon W-9
Request for Taxpayer
Identification Number and Certification
Give form to the
1'8CII-.. Do not
send to the IRS.
Enter yotI" TIN in the appropriate box. For individuals. this is yotI" social secu1ty I1lInber (SSN).
However, for a resident alien, sole proprietor, or disregMIed entity, see the hrt I instructions on
pege 3. For other entitles. it Is ycu employer identification nt.mber (EIN). If you do not have a mmber,
see How to get a nN on page 3.
Note: If the BCCOUnt Is In more th8n one name. see the chart 01"1 page 4 for guidelines 01"1 whose number
to enter.
.... Certification
Under penaItie$ of peIjury, I certify that:
1. The number shown on this form Is my correct taxpayer identification number (or I am waiting for a nlmber to be issued to me), and
2. I am not suf:!ject to backup wlthhokling because: (8) I am exempt from backup withholding, or Cb) I have not been notified by the Internal
Revenue Service ORS) that I am suf:!ject to backup withhoIcJlng as a result of a fall.l'8 to report all interest or dividends, or (c) the IRS has
notified me that I am no longer subject to backup withholding. and
3. I am a U.S. person fll'lC/udlng a U.S. resident alien).
c.tiftcatIan instructions. You must cross out Item 2 above if you have been notified by the IRS that you are currently suf:!ject to backup
withholding because you have failecl to report all interest and dividends on yotI" tax return. For real estate transactions. item 2 does not apply.
For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt contributions to an lncllvidual retirement
BmIngement ORA), and generaly. payments other than Interest and dividends. you are not required to sign the Certification, but you must
provide yotI" correct TIN. (See the Instructions on page ".)
Sign I SigMtIn aI
Here U.s. .-- ~
Purpose of Form
A person who.is requi'ed to file an Informatiori return with
the IRS. must obtain your correct taxpayer IdentiFlC8t/on
number 01N) to report, for example, income paid to you. real
estate transactions. mortgage interest you paid, acquisition
or abandonment of secured property, cancellation of debt. or
contributions you made to an IRA.
U.s. person. Use Form W.g only if you are a U.S. person
Oncludlng a resident alien), to provide your cOrrect TIN to the
person requesting It (the requester) and. when applicable, to:
1. Certify that the TIN you are giving is correct (or you are
waiting for a number to be issued),
2. Certify that you are not subject to backup withholding,
or
3. Claim exemption from backup Withholding if you are a
U.S. exempt payee.
Note: If a requester gives you a form other than Form W-9
to request your nN,you must use the requester's form if it is
substantially similar to this Form W-9.
Foreign ...... If you are 8 foreign person, use the
appropriate Form W-8 (see Pub. 515, WIthholding of Tax on
Nonresident Aliens and Foreign Entities).
(Rev. Jenuary 20(3)
DlIp8r1rneN GIllie T~
IrCeI'IlIII AIMrue SeMce
N Name
&
tII
a.
S
!t
it
fII
!
11
Identification Number
o PIWtn8rshIp 0 Other ~ ......__.......... 0 :::;n blc:kup
Requester's name and address (opdonal)
ti:I:U:uuJ
or
~
o.te ~
Nonresident alien who becomes a resident alen.
Generally, only a nonresident alien Individual may use the
terms of a tax treaty to reduce or eliminate U.S. tax on
certain types of Income. However, most tax treaties contain a
provision known as a -saving clause.. Exceptions specified
in the saving clause may permit an exemption from tax to
continue for certain types of income even after the recipient
has otherwise become a U.S. resident alien for tax purposes.
If you are a U.S. resident alien who Is relying on an
exception contained In the saving clause of a tax treaty to
claim an exemption from U.S. tax on certain types of Income,
you must attach a statement that specifies the following five
Items:
1. The treaty country. Generally, this must be the same
treaty under which you dalmed exemption from tax as 8
nonresident alien.
2. The treaty article addressing the income.
3. The article number (or location) In the tax treaty that
contains the saving clause and Its exceptions.
4. The type and amount of income that qualifies for the
exemption from tax;
5. Sufficient facts to justify the exemption from tax under
the terms of the treaty article.
Cat No. 10231X
Form W-9 (Rev. 1.2003)
City of Ashland
LIVING
rA1
Employees must be paid a
living wage:
of business of their employer, cafeteria plans (including
if the employer has ten or childcare) benefits to the
more employees, and has amount of wages received by
received financial assistance the employee.
>> For all hours YtUrked under a for the project or business
from the City of Ashland in >> Note: "Employee" does not
service contract between their excess of $16,936. include temporary or part-time
employer and the City of employees hired for less than
Ashland if the contract >> If their employer is the City of 1040 hours in any twelve-
exceeds $16,936 or more. Ashland including the Parks month period. For more
>> For all hours YtUrked in a and Recreation Department. details on applicability of this
policy, please see Ashland
month if the employee spends >> In calculating the living wage, Municipal Code Section
50% or more of the employers may add the value 3.12.020.
employee's time in that month of health care, retirement,
YtUrking on a project or portion 401 K and IRS eligible
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.
CITY OF
ASHLAND
Contract for Personal Services, Page 8 of 8
8
FERRARINI & ASSOCIATES, INC.
· Real Estate Advisory Group
RE~r:n ':":D
-" .. r....,
OCT I 9 2006
r:'~..,~ "'" ^ i-
_ " , '"-' _ ," ~__ . i r ('" I
- ,,'~.f
October 18,2006
Brandon Goldman
City of Ashland, Community Development Department
51 Winburn Way
Ashland OR 97520
Re:
Request for Proposals: Rental Needs Analysis.
Dear Mr. Goldman:
The Ferrarini & Associates team is pleased to submit the attached proposal to the City of Ashland.
We have a passion for providing high-quality analysis based on well-designed and thorough
research. Our primary goal is to provide you with sound market data and analysis to inform
housing policy development and implementation.
Ferrarini & Associates offers insightful market and economic analyses to public and private sector
clients throughout the Pacific Northwest. Our affordable housing resume includes over 50 projects
completed during 15 years of practice. Though our team has extensive experience with similar
projects, we understand that no two communities are alike, and apply unique solutions to every
project. Ferrarini and Associates will lead the project and market study tasks.
Fusion MR is a full service market research firm based in Portland, OR. The company specializes
in consumer research including random survey and statistical analysis methods. Fusion MR will
lead the household survey task.
Richard Bjelland, of the Oregon Department of Housing and Community Services, has agreed to
serve as a technical advisor to the team, lending his unsurpassed expertise on the Oregon Housing
Needs Model to the project (subject to approval by departmental management).
We are committed to giving this project a high-priority - Steve Ferrarini, Principal-in-charge, will
be directly involved in project delivery and project staff will be available to ensure timely
completion of tasks and deliverables.
We believe that the Ferrarini and Associates team offers a unique blend of experience and market
insight that will help the City of Ashland and its citizens understand the area's rental housing
needs. If you have any questions regarding our approach or qualifications, please contact me at
503-723-4777 or by email atsteve@ferrariniadvisors.com.Asrequested.we.veincluded six
copies of our proposal and one copy of the RFP.
Sincerely,
~~~
SteveF . .
Ferrarini & Associates
818 John Adams, Oregon City, OR 97045 Phone 503 723-4777 Fax 503 723-7221
Proposal to the City of Ashland
Rental Needs Analysis Project
10/18/2006
Submitted by:
Table of Contents
Project Understanding......................................................................................................... 1
Approach............................................................................................................................. 2
Project Timeline.................................................................................................................. 8
Staffing Assignments.......................................................................................................... 8
Teatll Organization ................. ...... ...... ....... ........ ... ................... ..... ..... ......... ... ....... ....... ....... 9
Staff Resumes ..................... .................. ......................... ..... .......... ........ .... ........................ 10
Selected Experience ............................ .................. ........... .................................. ............... 12
Fee Arrangettlent........... ... ............. .... ....... .......... ... ................... ..... ..... ......... ....... ..... .......... 13
Contractual Tenns and Conditions .................................................................................... 14
References ........ ................... ................... ....... ........ ... ...... ............... ..... ... ............ ... ..... ........ 14
Project Understanding
Ashland and the broader Rogue Valley area have undergone significant demographic and
economic transformations since Census 2000 was completed. Median home prices in
Ashland have increased from $188,400 to $478,000 between 2000 and June 2006, or by
18.5% annually. Meanwhile, median family income in Jackson County grew only 6.0%
annually, from $38,800 in 2000 to $52,100 in 2005.
The disparity in home price and median household income growth is likely explained by
the fact that:
· Ashland has gained popularity as a retirement and secondary home community,
resulting in higher net-worth households buying into the local housing market and
being able to afford higher prices;
· The Rogue Valley has caught the attention of speculative buyers, who have bid up the
price housing; and
· Extraordinarily low interest rates and creative loan products have allowed credit-
worthy consumers to borrow more.
These trends are causing a decline in the availability of ownership-oriented workforce
housing. As a result, demand for rental housing will increase as:
· More households become unable to participate in the ownership housing market;
· Rental homes are placed into the ownership market by land owners looking to
capitalize on high sales prices; and,
· Interest rates begin to rise to more normal levels.
It is apparent in the Request for Proposals (RFP) and a review of Ashland's housing
publications that the City recognizes that there may be an affordability problem in its
rental market. This situation could result in out-migration of working families, a
dynamic that could adversely impact:
· Socioeconomic diversity in Ashland;
· Local schools ability to maintain enrollment levels; and,
· Employer's ability to attract qualified workers.
The creation of an accurate rental housing needs analysis will be an: integral part of the
City's effort to "encourage the availability of adequate numbers of needed housing units
at price ranges and rent levels which are commensurate with the financial capabilities of
Oregon household," as required under Goal 10. It will allow the City to understand the
extent to which there is an affordability gap in the rental market now and to what extent it
is likely to exist in the future. This information will allow the City to refine its policies
and direct its resources to address this potential problem.
1
Now is a particularly good time to assess the market. Not only because of the trends
discussed above, but because successful implementation of Ashland's housing plans and
programs relies, in part, on the availability of good market and demographic data.
Approach
We propose to complete a comprehensive evaluation of Ashland's rental housing market.
Our approach is based on the following tenets:
1. Efficiency: We will make efficient use of City resources by building on and
improving the Oregon Housing Needs Model to specifically fit Ashland's
circumstances. The model has been proven to reliably predict attributes of housing
demand. However, the weakness is the accuracy of the data that goes into the model
especially with regard to housing supply. We propose to address this weakness by
obtaining the best possible information on rental housing demand, and will make
housing supply our principal area of investigation. ,
2. Accuracy: We will ensure the accuracy of the data used to run the State Housing
Model and results by both obtaining statistically reliable information from a
representative survey of Ashland households and by also cross-validating data using
expert interviews, a field survey of available rental units, and other sources. This will
result in a model that offers improved predictive ability.
3. Analysis: A hallmark ofFerrarini & Associates is the depth of our analysis. We
won't just report the demographic, economic, and market statistics that describe the
rental market - we will "tell the story" of the underlying dynamics that drive these
statistics. Our report will be articulated to facilitate a common understanding of the
trends that will likely continue to affect the rental housing market.
4. Expertise: Our team brings deep expertise in all of the key areas of the Rental Needs
Analysis project. Ferrarini & Associates offers considerable expertise in conducting
housing market studies and in addressing the fundamental macroeconomic trends
affecting Rogue Valley's real estate market. Fusion MR offers more than five years
experience in developing and implementing consumer surveys. Finally, Richard
Bjelland will serve as a technical advisor to the team and will lend his unsurpassed
knowledge of the Oregon Housing Needs model to the project.
We believe the approach described below is uniquely suited to achieve the City's goals
for the Rental Needs Analysis project. -
Task 1. Project Kickoff
Steve Ferrarini, Principal-in-Charge, and David Stocker, Project Manager, will attend a
project kickoff meeting with City staff following contract signing. The purpose of this
step is for the consultant team and City staff to discuss the project delivery strategy, and
clarify the following issues:
. project goals;
. survey instrument and methods;
· City data needs;
. City data resources; and,
2
. project schedule.
Ferrarini & Associates will work with City staff to collect available data that may help
complete the analysis, including building permit information, confidential Oregon
Employment Department statistics (ES-202 file), and GIS shapefiles.
De/iverables:
. Ferrarini & Associates will prepare for and facilitate a project initiation meeting
with City staff
Schedule:
. Week I (in combination with Task 2)
Task 2. Field Survey
A field survey of existing apartment buildings and complexes is needed to gather base
information on the multi-family dwelling component of the rental market, and to make
contact with property managers who can help explain factors that have been influencing
the rental housing market in Ashland. Ferrarini & Associates will sample existing multi-
family dwellings to gather data on their physical and market characteristics including
occupancy and vacancy rates by unit type, size, and price~ Ferrarini & Associates will
solicit input from City staff on key apartment buildings/complexes to include in the
survey.
Deliverables:
. Field survey of rental dwellings in multi-family buildings/complexes and a
summary of our findings.
Schedule:
. Week I (in combination with Task I)
Task 3. Survey of Households
Ferrarini & Associates and Michael Midghall, principal of Fusion MR, will develop and
administer a representative sample of renter households who live in Ashland. The survey will
provide the City of Ashland with valid and statistically reliable information about the market for
rental housing in the Ashland area, including demographics, housing stock characteristics, and
demand attributes.
Task 3.1. Sample Design
The purpose of this subtask is to verify survey goals with the City. Our proposal is
based on the assumption that we will complete 450 to 550 surveys of the general
population, including 225 to 275 surveys of renter households. This sample will provide
information that has approximately a 4.5% Percent error factor at a 95% confidence level
for the sample population, and a 6.5% error factor for the renter subgroup. This means
that 95 out of 100 times the results obtained from different samples of the same size
would be within 4.5% of the sample population obtained in our survey. The Ferrarini &
3
Associates team can administer a more precise survey if preferred, however obtaining a
larger sample may increase costs depending on the length of the questionnaire.
Task 3.2. Questionnaire Design
Questionnaire design is the most important component of the survey planning process.
The Ferrarini & Associates team will work iteratively with City staff and Richard
Bjelland to ensure that all necessary information will be solicited from the survey.
We will ensure that the survey is organized and worded to obtain valid and reliable
information -- this is achieved by asking the most pertinent questions in multiple ways.
The questionnaire will include mostly closed-ended questions with only a few open-
ended questions.
Each interview is expected to last approximately 10 minutes. Asking the right questions
in this timeframe is important both to sustain the interviewee's attention and to ensure
cost-effectiveness.
As mentioned earlier in our approach, a small portion of the questionnaire will include
questions for Ashland's general population while most of it will target questions to the
renter subgroup.
Some components of the questionnaire will provide input to the Oregon Housing Needs
Model. For these components, we propose to ask questions consistent with the U.S.
Census Bureau's survey design to allow for comparison with previous censuses and
future releases of American Community Survey and U.S. Census data. This will help
ensure the model's reliability in assessing and predicting housing needs.
Task 3.3. Data Collection
The Ferrarini & Associates team will administer the survey to the sample population
specified in Task 3.1. The survey will be administered by telephone via Random Digit
Dialing (ROD). This technique ensures that a 'random' sample is utilized. The answers
to all questions in the survey will be collected and stored in an electronic database but
will not include personal identifying information.
Task 3.4. Data Analysis and Reporting
The purpose of this subtask is to create a report that provides a rich and easy-to-use
dataset. This report will include a summary of responses to each question, and cross
tabulations showing responses by subgroup. The data analysis process will also include
coded responses to open-ended questions to reveal the frequencies of popular responses.
This report will be structured to best inform future project tasks. Ferrarini & Associates
may also provide survey data in an electronic format to enable City staff or other parties
to create custom queries.
Deliverables:
. Draft and final survey questionnaire
4
. A telephone survey of 450 - 550 households with approximately half of those,
225 - 275, being renter households
· Data reports: Top Line Summary Report & Cross Tabulation Report
. Electronic database of survey findings
Schedule:
. Weeks2-5
Task 4. Expert Interviews
The pm:pose of this task is to better understand the perspectives of key actors in the rental
market. While some of the expert interviews will be conducted in conjunction with Task
2, the intent in this task is to interview a broader range of real estate professionals to
understand all market and economic factors that are influencing the rental housing market
in Ashland. Brokers and developer interviews will be conducted to round out the
information gathered from property managers in Task 2. The Ferrarini & Associates team
will solicit suggestions from City staff on individuals or groups to interview.
De/iverables:
. Facilitate and summarize expert interviews
Schedule:
. Weeks 3 -5
Task S. Market Analysis
Ferrarini & Associates will develop a comprehensive assessment of the rental housing
market. This task includes three main components: 1) describe historical markets trends;
2) characterize current market Conditions; and, 3) forecast future conditions.
Ferrarini & Associates will analyze market conditions by incorporating previously
collected primary data and examining secondary economic, demographic, and permitting
data to assess key changes in the rental housing market between 1990 and 2006. This
will help us identify the demographic and economic trends likely to impact demand for
rental housing units within Ashland.
Ferrarini & Associates will describe current market conditions, with an emphasis on
furnishing reliable and accurate inputs to the Oregon Housing Needs Model. This
component of the market analysis will address key features of the current rental market
including current economic and demographic conditions. This task will result in a profile
of rental housing demand and supply (incl. the number of units by type and price).
The Oregon Housing Needs Model has been demonstrated to reliably predict housing
demand. Therefore, this analysis will provide a special emphasis on the features of rental
housing supply.
Finally, the market study will include a forecast of future market conditions based on
historical and current market dynamics. The forecast will address rental housing projects
5
in the development pipeline, and will take into account previous studies that assessed the
quantity and productivity of vacant land zoned for multifamily uses.
Ferrarini & Associates will prepare an efficient and compelling report to tell" the story of
the Ashland rental housing market. The report will make appropriate use of tables,
graphics, charts, and supporting narrative to make information user-friendly and
maximize its utility in decision-making.
Deliverables:
. Market study exhibits with supporting narrative, tables, graphics, charts, and
appendices.
Schedule:
. Weeks6-8
Task 6. Prepare Database and Implementation Methodology
The purpose of this task is to use all information gathered in previous tasks to understand
if there are any current gaps in the rental housing market in Ashland now and what those
gaps may be in the future. This task will result in a Oregon Housing Needs model run to
predict the profile of existing and future rental housing needs.
A key to obtaining accurate results from the needs analysis is to use the most precise'
inputs into the model, but also make adjustments to the model as needed to reflect the
specific market dynamics influencing the City of Ashland.
Mr. Ferrarini and Mr. Bjelland have worked through minor modifications to the model
previously in Ferrarini & Associates analysis of workforce housing needs in the City of
Medford. This same collaborative and critical analysis of the model and local market
factors will be also used in this assignment.
Another key component of this task is to provide a database and roadmap that can be
used by the City of update the Needs Analysis in the future without the need to use
additional consulting services. The methodology for updating the needs Analysis will
draw from Richard Bjelland's experience in Canby, Oregon where identified data and
methods for updating the housing model using current data from the market rather than
waiting for updated Census information.
Deliverables:
. Updatable database containing economic, demographic, and rental housing supply
information
. Documentation on how to use and update the database
Timeline:
. Week 9
6
Task 7. Presentation to the Ashland Housing Commission
F errarini & Associates will present key findings from the market study to the Ashland
Housing Commission. Our presentation will provide highlights from the Market Study
and Gap Analysis described in Tasks 5 and 6.
Deliverables:
· Prepare for and deliver presentation on market study findings to the Ashland
Housing Commission
Timeline:
. Week 10
Task 8. Project Management and Coordination
Ferrarini & Associates will provide on-going project management and team coordination.
This task also includes invoicing and other administrative duties.
Deliverables :
. Biweekly invoices
. On-going project management and coordination
Timeline:
. Weeks 1 - 10
7
Project Timeline
What follows is the estimated time it will take the Ferrarini & Associates team to
complete the above described scope of work based on our previous experience.
However, the timing of tasks is flexible to meet the City's needs and will be finalized
during the project kickoff.
Timin *
Week 1
Week 1
Weeks 2-5
Weeks 3-5
Weeks 6-8
Week 9
Week 10
Staffing Assignments
Task Staff
Task 1. Project Kickoff Steve Ferrarini (lead)
David Stocker
Richard Bjelland (advisor)
Task 2. Field Survey David Stocker
Task 3. Survey of Households Michael Midghall (lead)
Steve Ferrarini
David Stocker
Richard Bjelland (advisor)
Task 4. Expert Interviews David Stocker
Task 5. Market Analysis David Stocker (lead)
Steve Ferrarini
Task 6. Prepare Database and Implementation David Stocker
Richard Bjelland (advisor)
Task 7. Presentation to the Ashland Housin~ Commission David Stocker
Task 8. Project Management and Coordination David Stocker (lead)
Steve Ferrarini
8
Team Organization
Ferrarini & Associates is a small firm which means that we offer responsive service to
maximize the goals of each of our clients.
Not only do we have access to volumes of statistical information on the Ashland area's
economy, demographics, and real estate market - but we have over 15 years of practical
know-how in interpreting the data.
Steve F errarini, Principal-in-Charge, will be
personally involved in project delivery. Steve
has led over 50 market study and strategic
planning efforts for affordable housing
projects. He will provide strategic advice and
guidance to City staff and the project team.
Steve will also provide quality assurance.
David Stocker, Project Manager, will lead
the project's daily operations. David has led
development of several comprehensive
housing assessments for public sector clients,
and has extensive project management
experience. David is both a qualified Planner
and Market Analyst. David will ensure project
delivery is timely and reflects superior
workmanship, as well as completing technical
duties.
Both Steve and David will be available to City of Ashland staff to advance the City's
goals. This basic leadership structure will result in high quality results and efficient use of
resources.
Richard Bjelland, Technical Advisor, will be available to provide strategic advice to the
project team and help improve and refine the Oregon Housing Needs Model for
Ashland's specific circumstances. As author of the Model, Richard will be an excellent
resource in identifying areas for improvement and providing guidance on how to tailor it
for future updates.
Michael Midghall, Survey Task Lead, will provide a supporting role in the project by
leading the survey tasks.
Matt Johnson, Project Staff, will provide support in conducting market research and
analysis.
9
Staff Resumes
Steve Ferrarini, Principal-in-Charge
Steve Ferrarini is a real estate advisor with more than a fifteen years of experience working
on commercial, industrial, residential and recreational/hospitality development. During this
period of time, Mr. Ferrarini has assessed hundreds of real estate projects throughout the
United States, in Canada and the Caribbean, and has been a speaker at real estate
development conferences. Mr. Ferrarini has also recently been involved in several
prominent land use cases in Oregon.
As a principal at Ferrarini & Associates, Mr. Ferrarini is involved in research design,
economic and financial modeling, market analysis and project management, in addition to
managing the finn's day-to-day operations. Mr. Ferrarini's consulting practice is focused in
three areas:
· Providing expert testimony to planning commissions, city councils and courts of law
regarding market, economic and fiscal impacts associated with development;
· Analyzing specific development proposals and providing business and development
strategies that capitalize on the advantages of the site and opportunities in the market;
and
· Advising municipalities on how to realize community development objectives in newly
developing or redeveloping areas.
Prior to forming Ferrarini & Associates, Mr. Ferrarini was an owner and principal at
Hobson F errarini Associates.
Steve holds a Bachelor of Arts from the University of Washington and a Masters in
Urban and Regional Planning from Portland State University
David Stocker, AICP, Project Manager
David Stocker is a real estate advisor and land use planner with more than six years of
experience working on public and private sector projects throughout the Pacific
Northwest.
As a Senior Associate at Ferrarini & Associates, Mr. Stocker is involved in research design,
policy analysis, economic and financial modeling, strategic planning, market analysis and
project management.
David Stocker's experience covers three main areas:
. Advising public and private entities on real estate development strategies. This
work takes into account public priorities, site characteristics, market conditions,
and the regulatory environment. Mr. Stocker has provided guidance to decision-
makers on how to leverage development opportunities while considering
potential constraints.
10
· Completing planning studies, including: comprehensive plans, concept plans,
sub-area plans, and site redevelopment plans. The purpose of each of these
projects was to establish a planning framework that would facilitate
development and enhance community livability. Each of these multidisciplinary
efforts integrated land use planning, urban deSign, capital facilities
programming, transportation planning, and economic analysis. Mr. Stocker's
approach to these projects was to ensure that implementation was achievable
given public resources and physical and market conditions.
· Designing, researching, and authoring housing plans. Mr. Stocker has authored
several community housing plans for jurisdictions in Oregon and Washington.
These studies examined existing housing stock, anticipated trends, and provided
policy recommendations for achieving local planning goals.
David Stocker holds a Bachelor of Arts from Michigan State University and a Masters in
Urban and Regional Planning from Portland State University. He is also a member of the
American Institute of Certified Planners.
Michael Midghall, Survey Task Lead
Michael Midghall founded Fusion MR in December 2001. In addition to running Fusion
MR, he is an associate at Davis, Hibbitts & Midghall, Inc.
In his 20+ year sales & marketing career, Mr. Midghall has also worked for test &
measurement, software and computer hardware manufacturers. Through Fusion MR
projects he is able to work in' a broad array of industries. His clients include business &
civic associations, construction & urban development firms, consultants, educational
foundations, environmental agencies, electric & gas utilities, entrepreneurial start-ups,
financial services firms, government, health care organizations, high tech companies,
non-profits, a social ministry, and the travel & tourism industry. Prior to creating Fusion
MR, Mr. Midghall provided market research, channels marketing, product marketing,
strategic alliance marketing, and website development & management services for Intel
Corporation.
Mr. Midghall holds a B.S. in Electrical Engineering from the University of Massachusetts
and an MBA in MarketinglNew Venture Analysis from the University of Tennessee. He
completed the University of Georgia's Principles of Market Research Certification
program prior to starting his company. Today, he continues to refine his knowledge and
techniques through attendance of advanced market research conferences.
11
Selected Experience
Staff at Ferrarini & Associates have been assessing housing needs for approximately 15
years. During this time the firm has completed studies for jurisdictions who want to
understand the needs within their own community and more than 50 private development
projects including both rental apartments and affordable for-sale residences. This
experience has made Ferrarini & Associates one of the most experienced and well
respected firms who complete market rate and affordable housing analyses in Oregon.
Family Housing in the Pearl District and Central City
Portland Development Commission
Ferrarini & Associates, in partnership with Michael Midghall of Fusion MR, was hired
by the Portland Development Commission (PDC) to assess the market for family-
oriented, ownership housing in the Central City and the Pearl District. To assess the
feasibility of this product type, the Ferrarini & Associates team completed 15 in-depth
interviews with Pearl District families and experts and a statistically valid, on-line survey
of the target market.
Goal 10 Analysis: Medford Oregon
Northeast Plan UGB Amendment
As part of a planned application for a UGB Amendment Ferrarini and Associates
completed a 20 year housing needs analysis for the City of Medford. This analysis used
two models, a proprietary housing needs model developed by Ferrarini and Associates
and the State Housing Needs Analysis. Both models were used to confirm and validate
the need for affordable workforce housing in the City, which was the reason for the
proposed UGB amendment. Mr. Ferrarini worked with Mr. Bjelland to make minor
adjustments to the State Housing Model so it more accurately reflected the need in this
community.
Workforce Housing Needs Presentation
City of Medford Housing Commission
Mr. Ferrarini presented the results ofa workforce housing needs analysis to the Medford
Housing Commission in August 2005. This presentation used historic sales information
to show how the supply of workforce housing is rapidly disappearing in the City of
Medford. It also forecasted future trends considering the current cost of land in areas
where the UGB would be expanded in the future, the cost of converting raw land to
finished lots, and forecasts for continued in-migration from .california.
"How To" Market Analysis Seminar
Oregon Housing and Community Services Department
Oregon Housing and Community Services Department (OHCS) hired Mr. Ferrarini and
Ferrarini & Associates to conduct a seminar on market studies. The purpose of the
seminar was to help OHSC staff to understand what kinds of information should be
included in a market study and which data within the market study is the more reliable to
use when assessing the merits of the many projects to come to this department seeking
financial assistance.
12
Fee Arrangement
What follows is our proposed fee arrangement for the Rental Needs Analysis project. The
budget described below represents a very efficient use of public funds given the breadth
of tasks required by the project's scope. Our assumption is that the project's emphasis
will be in completing high-quality research and analysis, and the budget reflects efficient
reporting of our findings. The Ferrarini & Associates team is willing to work with the
City to adjust the budget if more robust reporting is required.
It should be noted that Task 3 will provide a statistically valid survey at a 95% level of
confidence with an estimated 4.5% margin-of-error for the total sample population. The
Ferrarini & Associates team can work with the City of Ashland to adjust the proposed
budget if more precise survey results are required.
Task Bud2et
Task 1. Pr~iect Kickoff $1,620
Task 2; Field Survey $1,020
Task 3. Survey of Households $12,566
Task 4. Expert Interviews $1,640
Task 5. Market Analysis $4,820
Task 6. Prepare Database and Implementation $1,555
Task 7. Presentation to the Ashland Housing Commission $1,020
Task 8. Project Mana~ement and Coordination $705
Total $24.946
Our rate schedule is as follows:
F errarini & Associates
Steve Ferrarini, Principal-in-Charge
David Stocker, Project Manager
Matt Johnson, Staff
$140
$85
$70
Fusion MR
Michael Midghall
$125
Richard Bjelland
N/A
13
..
Contractual Terms and Conditions
We have reviewed the City of Ashland's contract provisions included in the Request for
Proposals and find them acceptable.
References
Louise Dix
Neighborhood Resources Coordinator
City of Medford
411 West 8th Street
Medford OR 97501
Phone: 541-774-2090
Thomasina Gabriele
Gabriele Development Services
2424 NW Northrup
Portland, OR 97210
Phone: 503-312-8002
Heather Hansen
Portland Development Commission
222 NW Fifth Ave
Portland, OR 97209-3859
Phone: 503-823-3200
14
CITY Of
ASHLAND
Council Communication
Current Year Financial Report - July through October 2006
Meeting Date: December 19, 2006
Department: Administrative Services
Contributing Departments:
Approval: Martha Benne
Primary Staff Contact: Lee Tuneberg ~
E-mail: tuneberl@ashland.or.us
Secondary Staff Contact: NA
E-mail:
Estimated Time: Consent a enda
Staff Recommendation:
Staff recommends acceptance of this report as presented.
Statement:
This financial report is for the first four months of FY 2006-07 for the City (including Parks &
Recreation) providing the financial position of the City relating to cash & investments and
budgetary revenues and expenditures. Council acceptance of this report is requested.
Background:
The Administrative Services Department normally submits reports to Council on a quarterly
basis to provide assurance of budget compliance and for informational and comparative
purposes throughout the year. A first quarter report was not presented due to staffing and
workload issues which resulted in the delay of the report. Information can be provided in
differing formats and timetables at Council's request.
Financial numbers for the first three or four months are always difficult to present and subject
to change as the Administrative Services Department is busy completing the prior year audit
and report. Additionally, with only 4 months to report on, it becomes difficult to evaluate our
current financial position as compared to the adopted annual budget or to project our position
at year end due to the receipt or payment of annualized amounts and seasonal activities like
construction or utility consumption. Staff cannot adjust these reports for all such deviations.
The reports are intended to present information in formats consistent with the department,
fund and business activity presentations included in the adopted FY 2006-07 budget
document and the manner in which it will be shown in the end of year report.
Unaudited, detailed balance sheets, revenues and expenditure reports are available for your
review in the Administrative Service Department office should you require any additional
information.
Related City Policies:
City of Ashland Financial Management Policies, Budget Document Appendix
'A'
Council Options:
Council may accept this report as presented, recommend modifications as discussed or defer
acceptance (takes no action) awaiting further information or clarification.
Potential Motions:
Council moves to accept the financial report as presented.
Council moves to accept the report as modified by discussion.
Council takes no action pending further information or clarification.
Attachments:
Attached is the City of Ashland financial report for the fiscal year ended October 31,2006.
This report includes:
1. Financial Narrative (pages iii-v)
2. Summary of Cash and Investments as of October 31 for the last two years (page 1)
3. Combined Statement of Financial Position City Wide (page 2)
4. Schedule of Revenues by Fund (page 3)
5. Schedule of Budgetary Compliance per Resolution #2006-11 (pages 4-7)
The numbers presented are unaudited and unadjusted.
11
~&,
Financial Narrative
Summary of Cash and Investments provides an understanding of changes in the city's
cash position across funds and investment types. The city-wide cash balance has decreased
$3,192,187 between fiscal years at the end of October. Each fund varies for its own reasons
but in general, cash balances drop in the first part of the year as construction work and
significant debt service payments are made. For this year, normal negative cash flow is
exacerbated by our decision to hold off on rate increases that would provide a direct influx in
cash in the enterprise funds and an indirect positive impact on the General Fund. Increased
operating costs and capital project timing also playa part in the balance between incomes
and out goes.
Please note that those funds that have a property tax revenue element will see a significant
change in the six month report because of November receipts.
The distribution of cash and investment balances shows an increased amount held in
operating bank balances to meet operational needs, about the same amount in the Local
Government Investment Pool to provide short term liquidity balanced with some interest
income generation and longer-term investments down 41.7% or $3.86 million, approximating
the total cash reduction between the two years.
The Combined Statement of Financial Position is similar to presentations provided in the
annual financial report. It is intended to provide the reader an overall sense of the City's
financial position at the present time. Unappropriated Ending Fund Balance (EFB) is $3.7
million less than last year at this time. This is still 98% of the budgeted city-wide EFB but it is
too early to project June's balance with accuracy. When taken together, these two measures
support the perspective that most of the reduction in balances was anticipated and budgeted.
The mid-year report will support or disprove this.
Revenues and Budaetarv Resources at October 31,2006, total $16,774,769 as compared to
total year-to-date requirements of $20,266,061 which results in a $3.5 million decrease to
Unappropriated Ending Fund Balance. This is $6 million less than the City's Adopted budget
of a $2.5 million excess and relates to the timing of receipts and expenses mentioned above.
It is still early in the year and there will be changes in revenues and expenses that will alter
this comparison and bring these numbers closer to budget.
Revenues are down $530,000 on a city-wide basis with most of it due to lagging tax receipts
and fewer receivable payments. The $225,000 Budgetary Transfer In represents the amount
paid between funds for debt service.
Total Reauirements are at 25.7% of the annual budget for this "first third" of the year.
Operating Expenditures are closer to the one-third mark at 30.1 %, which makes sense given
the routine nature of most operational costs like staff and materials. Capital Outlay is only
14.9% of the annual budget but the $2,602,411 expended is $1.6 million more than the prior
year.
111
r4.'
Budgetary Requirements activity includes the $225,000 Transfer Out mentioned above and
$14,000 of Contingency was used for Legal costs as approved by Council leaving $1,656,000
for the rest of the year.
The Schedule of Revenues by Fund provides an overview of total resources by fund for the
year. It is too early in the year to make predictions since many funds include financing or
seasonal revenue streams that have not occurred as of the date of this report. More telling
information is found later in this report in the individual fund statements narratives.
The Schedule of Budgetary Compliance is intended to present expenditures on a budget
basis by fund consistent with the resolution adopting appropriation levels in the budget
compliance section of the document. Most Appropriations are as adopted however a
supplemental budget and transfer of appropriations was approved within the Administration
(Legal Department) section of the Central Services Fund with $14,000 transferred from
Contingency.
An overview by fund is as follows:
General Fund - Total expenditures are 28% with $400,000 in Contingency unused. Charges
for Service and Fines are 32% and 39% of budget, respectively. Taxes are 25% of budget
and the $1 million for sale of land will not be received until the last half of the year.
CDBG Fund - Expenditures are 54% of budget with Revenues at 67% causing a positive
cash flow of $84,000.
Street Fund - All expenditures categories total 16% of budget. Revenues exceed expenses
by $110,930 at the end of the fourth month without any of the budgeted financing. A review
of projects and financing is underway for this fund.
Airport Fund - Payment of debt service caused Expenses to exceed Revenues by $1,416 but
that was anticipated for this time of year.
Capital Improvements Fund - The Transfer of $225,000 to the Debt Service Fund contributes
to a $367,975 shortfall between Revenues and Expenditures. Several Revenue categories
(Taxes and Charges for Services) are above 34% of budget but expenses for operations and
projects are $142,000 higher than that, even though their Expenses to date are a small
portion of the overall budget.
Debt Service Fund - Debt service payments (36% of budget) exceed Revenues (17% of
budget) to date, lowering the Ending Fund Balance near to the budgeted $148,902. Property
tax revenue will improve this scenario in November.
Water Fund - Expenses exceed revenues by $915,890 with Revenue posting 40% of the
budgeted amount (excluding any capital borrowing). Only project costs and debt service
payments are above 25% with the ending fund balance at 97% of budget. A rate adjustment
is budgeted in this fund.
IV
'A'
Wastewater Fund - Revenues exceed expenses by $545,873 as is typical for the first four
months of the fiscal year. This will change next quarter with the payment to DEQ on the loan
for the treatment plant. A rate adjustment is budgeted in this fund.
Electric Fund - Total revenues are slightly below expenses in the first four months, in part
due to the higher operational costs during these months. The fund balance carry forward is
$12,223 below the budgeted amount.
Telecommunications Fund - Revenues exceed expenses by $203,543 with Revenue at 52%
of budget and Expenditures at 38%. Charges for service total $884,869 including $381,532
from Cable Television (CATV) services. Expenses total $711,941 including $404,495 for
CATV. Therefore, Revenues and Expenses are above 1/3 of the budget at the four-month
mark with CATV revenues exceeding projections by $89,500 but expenses for the division
are 84.5% of budget. With CATV services ceasing in the second quarter, divisional expenses
should be very close to the budgeted $478,476.
Please note that Debt Service payments (bond principal and interest) are now paid out of the
Debt Service Fund and not included in the calculations above.
Central Services Fund - Revenues and Expenditures are near breakeven. The fund balance
is above target and may provide an offset to expenses by end of this year or in the budget for
FY 2008.
Insurance Services Fund - Expenses total $409,318 (62% of budget) representing annual
premiums being paid as compared to only $190,577 (31%) in Revenue (internal charges)
being collected.
Eauipment Fund - Internal Revenues are 34% of the budget and Expenditures are at 16%
resulting in a $104,715 addition to fund balance at this time. The majority of acquisitions are
slated for later in the year.
Cemeterv Trust Fund - Charges for Service are 41 % of budget. Interest earnings are at
36%. Interest earnings are transferred to the General Fund periodically through the year but
will not be done until December.
Parks and Recreation Fund - Expenditures are ahead of Revenues by $1.3 million awaiting
property taxes to be collected in November. Division expenses are at or below 34% of the
budget leaving $217,960 as fund balance.
Ashland Youth Activities Lew Fund - Revenues and Expenses are below 1%. Taxes have
not been collected so no transfer to the school has been made.
Parks Capital Improvements Fund - No revenues have been recognized and no expenses
have been made as of this time.
Unaudited, detailed balance sheets, revenues and expenditure reports and fund statements
are available for your review in the Administrative Services Department office should you
require any additional information.
v
".,
City of Ashland
Summary of Cash and Investments
October 31, 2006
Balance Balance Change From
Fund October 31, 2006 October 31, 2005 FY 2006
General Fund $ 1,114,435 $ 1,453,941 $ (339,506)
Community Block Grant fund 258,855 196,385 62,470
Street Fund 1,521,277 1,513,091 8,186
Airport Fund 50,390 25,515 24,875
Capital Improvements Fund 346,216 1,094,559 (748,343)
Debt Service Fund 139,340 448,087 (308,747)
Water Fund 5,004,172 6,750,336 (1,746,164)
Wastewater Fund 5,361 ,345 5,841,993 (480,648)
Electric Fund 1,744,628 2,110,736 (366,108)
Telecommunications Fund 581,985 7,751 574,234
Central Services Fund 874,190 691,721 182,469
Insurance Services Fund 1,245,985 1,302,449 (56,464)
Equipment Fund 1,692,117 1,628,530 63,587
Cemetery Trust Fund 732,000 706,541 25,459
20,666,936 23,771 ,635 $ (3,104,699)
Ski Ashland Agency Fund 225,907 21,626 204,281
Parks & Recreation Agency Fund 754,088 1,045,856 (291,768)
979,994 1,067,482 (87,488)
Total Cash Distribution $ 21,646,930 $ 24,839,117 $ (3,192,187)
Manner of Investment
Petty Cash $ 3,010 $ 3,010 $
General Banking Accounts 2,034,263 687,720 1,346,543
Local Governmentlnv. Pool 14,231,783 14,911,261 (679,478)
City Investments 5,377,874 9,237,126 (3,859,252)
Total Cash and Investments $ 21,646,930 $ 24,839,117 $ (3,192,187)
Dollar Distribution
Central Services,
I nsurance and
Equipment Funds
18%
Ski Ashland, Parks
and Recreation
Funds
5% All Other (General
Government)
19%
~Q01-
4 F",,_ Ael>o" 0c131 FY 2007.x~
11/20/2006
City of Ashland
Combined Statement of Financial Position City Wide
For the one month ended October 31, 2006
Fiscal Year 2007 Percent Fiscal Year 2006
Year-To-Date Fiscal Year 2007 Collected I Year-To-Date
Resource Summary Actuals Adjusted Expended Balance Actuals
Revenues
Taxes $ 3,236,437 $ 18,751,882 17.3% $ (15,515,445) $ 3,631,535
Licenses and Permits 305,215 1,713,541 17.8% (1,408,326) 297,768
Intergovemmental Revenues 957,102 3,637,810 26.3% (2,680,708) 848,553
Charges for Services 11,397,043 34,603,977 32.9% (23,206,934) 11,224,973
System Development Charges 296,528 1,515,900 19.6% (1,219,372) 387,346
Fines and Forfeitures 60,675 157,000 38.6% (96,325) 43,014
Assessment Payments 8,852 252,000 3.5% (243,148) 265,474
Interest on Investments 210,450 703,300 29.9% (492,850) 215,847
Miscellaneous Revenues 77 ,468 1,642,400 4.7% (1,564,932) 166,144
Total Revenues 16,549,769 62,977,810 26.3% (46,428,040) 17,080,654
Budgetary Resources:
Other Financing Sources 500,000 0.0% (500,000)
Interfund Loans 745,000 0.0% (745,000)
Proceeds From Debt Issuance 16,147,100 0.0% (16,147,100)
Transfers In 225,000 1,034,934 21.7% (809,934) 6,039
Total Budgetary Resources 225,000 18,427,034 1.2% (18,202,034) 6,039
Total Resources 16,774,769 81,404,844 20.6% (64,630,074) 17,086,693
Requirements by Classification
Personal Services 7,034,409 22,732,581 30.9% 15,698,172 6,406,567
Materials and Services 9,404,083 31,027,927 30.3% 21,623,844 9,061,727
Debt Service 1,000,158 4,163,428 24.0% 3,163,270 1,333,276
Total Operating Expenditures 17,438,650 57,923,936 30.1% 40,485,286 16,801,570
Capital Construction
Capital Outlay 2,602,411 17,510,975 14.9% 14,908,564 1,029,952
Interfund Loans 745,000 0.0% 745,000
Transfers Out 225,000 1,034,934 21.7% 809,934 6,039
Contingencies 1,656,000 0.0% 1,656,000
Total Budgetary Requirements 225,000 3,435,934 6.5% 3,210,934 6,039
Total Requirements 20,266,061 78,870,845 25.7% 58,604,784 17,837,561
Excess (Deficiency) of Resources
over Requirements (3,491 ,292) 2,533,999 -137.8% (6,025,291) (750,868)
Working Capital Carryover 24,727,622 19,154,800 129.1 % 5,572,822 25,655,059
Unappropriated Ending Fund
Balance $ 21,236,330 $ 21,688,799 97.9% $ (452,469) $ 24,904,191
4 Financial Repon Oct 31 FY 2OO7.xls
11120/2006
2
City of Ashland
Schedule of Revenues By Fund
For the one month ended October 31,2006
Fiscal Year 2007 Fiscal Year 2006
Year-To-Date Fiscal Year Percent to Vear-To-Date
Revenues by Fund Actuals 2007 Adjusted Budget Balance Actuals
City
General Fund $ 3,477,207 $ 16,843,770 20.6% $ (13,366,563) $ 3,711,462
Community Block Grant Fund 425,983 636,250 67.0% (210,267) 94,351
Street Fund 1,011,992 11,927,753 8.5% (10,915,761) 1,357,129
Airport Fund 41 ,427 164,087 25.2% (122,660) 37,422
Capital Improvements Fund 527,211 6,769,119 7.8% (6,241,908) 264,458
Debt Service Fund 268,828 1,805,072 14.9% (1,536,244) 115,661
Water Fund 2,046,688 15,445,296 13.3% (13,398,608) 2,081,238
Wastewater Fund 1,545,029 9,540,802 16.2% (7,995,773) 1,713,795
Electric Fund 3,860,599 15,339,492 25.2% (11,478,893) 3,839,174
Telecommunications Fund 915,484 2,097,454 43.6% (1,181,970) 941,175
Central Services Fund 1,760,321 5,922,861 29.7% (4,162,540) 1,879,424
Insurance Services Fund 203,861 1,585,319 12.9% (1,381,458) 199,333
Equipment Fund 459,680 2,862,230 16.1% (2,402,550) 452,064
Cemetery Trust Fund 14,176 754,212 1.9% (740,036) 10,564
Total City Components 16,558,486 91,693,717 18.1% {75, 135,231} 16,697,250
Parks and Recreation Component
Parks and Recreation Fund 216,283 6,058,700 3.6% (5,842,417) 321 ,430
Ashland Youth Activities Levy Fund 2,431,361 0.0% (2,431,361) 42,300
Parks Capital Improvement Fund 375,866 0.0% (375,866) 25,713
Total Parks Components 216,283 8,865,927 2.4% {8,649,644} 389,443
Total City $ 16,n4,769 $ 100,559,644 16.7% $ {83,784,875} $ 17,086,693
4Financial Report 0cI31 FY 2007.,15
1112012OO6
3
City of Ashland
Schedule of Budgetary Compliance Per Resolution #2006-11
For the one month ended October 31, 2006
Fiscal Year 2007
Year- To-Date Fiscal Year 2007 Percent
Actuals Adjusted Used Balance
General Fund
Administration $ 31,056 $ 253,780 12.2% $ 222,724
Administrative Services - Municipal Court 124,382 395,035 31.5% 270,653
Administrative Services - Social Services Grants 113,300 115,360 98.2% 2,060
Administrative Services - Economic & Cultural Grants 270,225 504,650 53.5% 234,425
Administrative Services - Miscellaneous 7,000 0.0% 7,000
Administrative Services - Band 28,682 61,554 46.6% 32,872
Police Department 1,588,932 5,325,774 29.8% 3,736,842
Fire and Rescue Department 1,609,211 5,262,372 30.6% 3,653,161
Public Works - Cemetery Division 103,510 355,375 29.1% 251,865
Community Development - Planning Division 339,325 2,313,591 14.7% 1,974,266
Community Development - Building Division 238,086 801,756 29.7% 563,670
Transfers 500 0.0% 500
Contingency 400,000 0.0% 400,000
Total General Fund 4,446,709 15,796,747 28.1% 11,350,038
Community Development Block Grant Fund
Personal Services 12,363 35,485 34.8% 23,122
Materials and Services 329,881 385,765 85.5% 55,884
Other Financing Uses (Interfund Loan) 215,000 0.0% 215,000
Total Community Development Grant Fund 342,244 636,250 53.8% 79,006
Street Fund
Public Works - Street Operations 643,282 4,060,268 15.8% 3,416,986
Public Works - Storm Water Operations 184,222 739,870 24.9% 555,648
Public Works - Transportation SDC's 41,060 274,850 14.9% 233,790
Public Works - Storm Water SDC's 13,450 47,500 28.3% 34,050
Public Works - Local Improvement Districts 19,Q48 343,498 5.5% 324,450
Contingency 153,000 0.0% 153,000
Total Street Fund 901,062 5,618,986 16.0% 4,717,924
Airport Fund
Materials and Services 25,307 111 ,532 22.7% 86,225
Capnal Outlay 0 N/A
Transfers 0 N/A
Debt Service 17,536 35,173 49.9% 17 ,637
Other Financing Uses (Interfund Loan) 0 N/A
Contingency 5,000 0.0% 5,000
Total Airport Fund 42,843 151,705 28.2% 108,862
4 Financial RepoI1 Oct 31 FY 2007.x~
11 f2G'2OO6
4
Schedule of Budgetary Compliance Per Resolution #2006-11
For the one month ended October 31, 2006
Fiscal Year 2007
Y ear- To-Date Fiscal Year 2007 Percent
Actuals Adjusted Used Balance
Capital Improvements Fund
Personal Services 48,823 152,407 32.0%
Materials and Services 86,450 394,750 21.9% 308,300
Capital Outlay 534,913 3,056,000 17.5% 2,521,088
Transfers 225,000 905,434 24.8% 680,434
Other Financing Uses (Interfund Loan) 530,000 0.0%
Contingency 50,000 0.0% 50,000
Total Capital Improvements Fund 895,186 5,088,591 17.6% 3,559,822
Debt Service Fund
Materials and Services
Debt Service 588,994 1,656,170 35.6% 1,067,176
Total Debt Service Fund 588,994 1,656,170 35.6% 1,067,176
Water Fund
Electric - Conservation Division 56,214 172,005 32.7% 115,791
Public Works -Forest Lands Management Division 40,330 196,000 20.6% 155,670
Public Works -Water Supply 1,007,377 3,020,879 33.3% 2,013,502
Public Works - Water Treatment 260,229 1,400,354 18.6% 1,140,125
Public Works - Water Division 873,621 3,264,112 26.8% 2,390,491
Public Works - Reimbursement SDC's 390,278 467,670 83.5% 77,392
Public Works -Improvement SDC's 47,180 702,580 6.7% 655,400
Public Works - Debt SDC's 123,932 0.0%
Other Financing Uses (Interfund Loan) 0 0.0%
Contingency 152,000 0.0% 152,000
Total Water Fund 2,962,578 10,043,989 29.5% 6,957,479
WasteWater Fund
Public Works - Wastewater Collection 501,244 2,240,657 22.4% 1,739,413
Public Works - Wastewater Treatment 484,567 2,022,260 24.0% 1 ,537,693
Public Works -Reimbursements SDC's 192,160 0.0% 192,160
Public Works -Improvements SDC's 13,345 108,090 12.3% 94,745
Debt Service 1,793,196 0.0% 1,793,196
Contingency 149,000 0.0% 149,000
Total Wastewater Fund 999,156 6,505,363 15.4% 5,506,207
Electric Fund
Electric - Conservation Division 147,459 976,645 15.1% 829,186
Electric. Supply 2,550,922 6,557,504 38.9% 4,006,582
Electric - Distribution 1,576,654 5,189,851 30.4% 3,613,197
Electric - Transmission 95,154 1,048,600 9.1% 953,446
Debt Service 0 0.0%
Contingency 381,000 0.0% 381,000
Total Electric Fund 4,370,189 14,153,600 30.9% 9,783,411
4 Financial RepoI1 Oct 31 FY 2001.xl.
11 f2()'2OOj
5
Schedule of Budgetary Compliance Per Resolution #2006-11
For the one month ended October 31,2006
Fiscal Year 2007
Year-To-Date Fiscal Year 2007 Percent
Actuals Adjusted Used Balance
Telecommunications Fund
IT - Customer Relations\Promotions 20,993 223,608 9.4% 202,615
IT - Cable Television 404,495 478,746 84.5% 74,251
IT - Intemet 203,637 776,310 26.2% 572,673
IT - High Speed Access 82,816 301,179 27.5% 218,363
Contingency 100,000 0.0% 100,000
Total- Telecommunications Fund 711,941 1,879,843 37.9% 1,167,902
Central Services Fund
Administration Department 294,344 1,012,925 29.1% 718,581
Administrative Services Department 591,239 1,919,524 30.8% 1,328,285
IT - Computer Services Division 312,670 982,388 31.8% 669,718
City Recorder 122,524 269,768 45.4% 147,244
Public Works - Administration and Engineering 405,582 1,488,463 27.2% 1,082,881
Contingency 157,000 0.0% 157,000
Total Central Services Fund 1,726,359 5,830,068 29.6% 4,103,709
Insurance Services Fund
Personal Services 400,000 0.0% 400,000
Materials and Services 409,318 661,291 61.9% 251,973
Contingency 32,000 0.0% 32,000
Total Insurance Services Fund 409,318 1,093,291 37.4% 683,973
Equipment Fund
Personal Services 79,963 266,474 30.0% 186,511
Materials and Services 141,348 519,957 27.2% 378,609
Cap~al Outlay 133,654 1,415,000 9.4% 1,281,346
Contingency 42,000 0.0% 42,000
Total Equipment Fund 354,965 2,243,431 15.8% 1 ,888,466
Cemetery Trust Fund
Transfers 19,000 0.0% 19,000
Total Cemetery Trust Fund 19,000 0.0% 19,000
4 Financial Report 0c131 FY 2007.,15
1112MOO6
6
Schedule of Budgetary Compliance Per Resolution #2006-11
For the one month ended October 31, 2006
Fiscal Year 2007
Year-To-Date Fiscal Year 2007 Percent
Actuals Adjusted Used Balance
Parks and Recreation Fund
Parks Division 1,046,015 3,868,250 27.0% 2,822,235
Recreation Division 320,678 958,700 33.4% 638,022
Golf Division 138,997 416,000 33.4% 277 ,003
Debt Service 3,500 0.0% 3,500
Transfers 110,000 0.0% 110,000
Contingency 35,000 0.0% 35,000
Total Parks and Recreation Fund 1,505,690 5,391,450 27.9% 3,885,760
Youth Activities Levy Fund
Personal Services 96,000 0.0% 96,000
Materials and Services 8,829 2,335,361 0.4% 2,326,532
Total Youth Activities Levy Fund 8,829 2,431,361 0.4% 2,422,532
Parks Capital Improvement Fund
Capital Outlay 331,000 0.0% 331,000
Total Parks Capital Improvement Fund 331,000 0.0% 331,000
Total Appropriations $ 20,266,061 $ 78,870,845 25.7% $ 58,604,784
4 Financial RepoIf Oct 31 FY 2007.,ls
1112n'2OO6
7
CITY OF
ASHLAND
Council Communication
Bid Award to Pro-Safe Training Systems for Live-Fire Training Unit
Meeting Date:
Department:
Contributing D
Approval:
December 19,2006
Ashland Fire & Rescue
a ments: Finance
Primary Staff Contact: Keith E. Woodley, Fire Chief -hr_ 1
E-mail: woodleyk@ashland.or.us ' {\..V
Secondary Staff Contact:
E-mail:
Estimated Time: Consent Agenda
Statement:
This action is a request for approval from the City Council, as the Local Contract Review Board, to
enter into a public contract with Pro-Safe Fire Training Systems for the purchase of a 53' Mobile Live-
Fire Training Unit at a cost of $390,000.
Background:
The City of Ashland received a grant award under the Emergency Preparedness and Response
Directorate's FY 2006 Assistance to Firefighters Grant Program (EP&R/FEMA of the Department of
Homeland Security) in the amount of$312,000. The federal share of this grant project is $312,000 and
the City of Ashland's match is $78,000. The City of Ashland's match will be distributed between
Fiscal Years' 2006/2007 and 2007/2008. During the fire department's budget presentation to the
Citizen's Budget Committee on April 27, 2006, it was explained that this project would require
appropriations within two consecutive fiscal years. This financing plan was approved by the budget
committee. Project funds for the current fiscal year have been appropriated within the fire department's
operations budget.
An "Invitation to Bid" was the sourcing method for the procurement of this Mobile Live Fire Training
Unit, which will provide firefighter training within the Ashland Fire Department. The City received
bids from FireBlast Fire Training Simulators, Inc., in the amount of $366,000; Pro-Safe Fire Training
Systems, Inc., in the amount of $390,000; and FTS Fire Training Services L TD, in the amount of
$476,000; in response to the Invitation to Bid. An analysis of the bids revealed that the bid received
from FireBlast Fire Training Simulators, Inc., although the apparent lowest bidder, was non-responsive
on many of the specified requirements that were specifically required in the Invitation to Bid.
The specified equipment is essential in order to provide proper training and support to the Ashland
Firefighters in providing quality fire protection. There are currently no live-fire training facilities
within southern Oregon. The nearest facility that can provide this essential training is located in Salem,
Oregon. Possessing this equipment locally will provide a cost-effective method of exposing our recruit
firefighters to live fire situations without the necessity of sending them out of the area for this type of
training.
Financial Impact:
Funds have been budgeted for as capital outlay within the fire department operations budget for the
procurement of this equipment.
~~,
Related City Policies:
AMC Chapter 2.50.060 (2) The Purchasing Agent is authorized to recommend that the Local Contract
Review Board approve or disapprove contract awards in excess of$75,000, or to change orders or
amendments to public contracts of more than $75,000.
Council Options:
Council may choose to authorize, or not to authorize, staff to enter into a contract with Pro-Safe Fire
Training Systems, Inc., the successful bidder in response to the Invitation to Bid #2006-106, for a 53'
Mobile Live Fire Training Unit.
Staff Recommendation:
Staff recommends the contract be awarded to Pro-Safe Fire Training Systems, Inc. whose bid was the
lowest responsive and responsible bid received by the City.
Potential Motions:
The City Council, acting as the Local Contract Review Board, moves to approve and award the public
contract to Pro-Safe Fire Training Systems; the successful bidder in response to Invitation to Bid
#2006-106, for a 53' Mobile Live Fire Training Unit.
Attachments:
Written Findings
Contract
~6'
CITY OF
ASHLAND
Memo
TO:
FROM:
DEPT:
RE:
DATE:
Keith E. Woodley, Fire Chief
Robert Cockell, Captain
Ashland Fire & Rescue
Mobile Live Fire Training Unit Bids
December 12, 2006
Invitation to Bid #2006-106, for a 53' Mobile Live Fire Training Unit, was released on
November 15, 2006. It was mailed to seven potential suppliers of this specialized equipment.
On December 7, 2006, we opened the three bids that were received in response to this
Invitation to Bid. The bid results were as follows:
Vendor
Bid
Delivery
FTS Fire Training Services L TO
$366,000
$390,000
$476,104
90 - 120 days
Fire Blast 451, Inc.
Pro-Safe Fire Training Systems, Inc.
180 days
210 days
The FTS Fire Training Services L TO proposal was not considered as it was well in excess of
grant funding available. In analyzing the Fire Blast 451 proposal, it was determined that they
were non-responsive on the following specified requirements:
Trailer length and width
Gross vehicle weight
Braking system
Wheels, tires and King pin connection assembly
Electrical wiring harness
. Burn chamber and related equipment
Side openings
Top & rear openings
Exterior stairways
Control system
Pilot burners
Emergency shutdown equipment
Wall panels
Computer systems
Fire Department Standpipe system
Roof hatch assembly
~~,
Oregon Revised Statutes, 279B.055 Competitive Sealed Bidding provides for the following:
(10) If a contract is awarded, the contracting agency shall award the contract:
(a) To the lowest responsible bidder whose bid substantially complies with the requirements
and criteria set forth in the invitation to bid and with all prescribed public procurement
procedures and requirements;
Fire Blast 451, Inc., has offered alternate specifications in response to the City of Ashland
invitation to bid that are unacceptable.
The recommendation from the bid review committee is to engage in a procurement contract
with Pro Safe Fire Training Systems, Inc., as their bid "substantially complies with the
requirements and criteria set forth in the Invitation to Bid.
r~'
CITY OF ASHLAND
CONTRACT FOR PURCHASE OF EQUIPMENT
Contract made this
Ashland ("City") and
20th day of December , 2006, between the City of
Pro-Safe Fire Trainina Systems. Inc. ("Contractor").
City and Contractor agree:
1. Contract Documents: This contract is made as a result of an Invitation to Bid issued by City
entitled "INVITATION TO BID" for a 53' MOBILE LIVE FIRE TRAINING UNIT.
Bid No. #2006-106, Contractor was awarded the bid as the lowest responsible bidder on
12/20/2006 . In the event of any inconsistencies in the terms of this contract, the
contract documents defined in the invitation to bid and Contractor's bid, this contract shall take
precedence over the contract documents which shall take precedence over the bid.
2. Scope: Contractor shall produce and deliver the equipment described in the contract
documents within the time prescribed in the contract documents. The following exceptions, alter-
ations or modifications to the contract documents are incorporated into this contract:
3. Price and Payment: City shall pay Contractor the sum of $390.000.00 for the new equipment.
Delivery shall be
180 Days
after receipt of order.
CORPORATE OFFICER
CITY OF ASHLAND
BY
BY
Signature
Lee Tuneberg
Finance Director
Print Name
REVIEWED AS TO CONTENT:
Title:
BY
Department Head
Fed ID #
Date
Coding
Purchase Order
(for city use only)
PAGElofl-CONTRACT
Council Communication
CITY OF
ASHLAND
Discussion of City Charter
Meeting Date:
Department:
Contributing D
Approval:
Estimat
Statement:
The City hosted an open house on November 2, 2006 and solicited input on five specific topics: water language
in the charter, ethics statement in the charter, city recorder/treasurer, method of elections and form of
government. Comments from attendees (approximately 30 people) were recorded (see attached).
December 19, 2006
Administration
ents: Legal
inutes
Primary Staff Contact:
ann@ashland.or.us
Secondary Staff Contact: Mike Franell
franellm@ashland.or.us
Ann Seltzer ~
Staff Recommendation:
Determine if changes should be made to the draft charter based on comments received at the open house and
direct staff to prepare ballot measure language for Council review in January.
Background:
A review of the city charter was a 2004-2005 council goal. A charter review committee was appointed during
the summer of 2004 and presented its final report to the Council on July 19, 2005.
At the council meeting on December 1, 2005 the Council agreed to move forward with a revised city charter
based on the Oregon Model Charter and to incorporate recommendations of the charter review committee with
the exception of the recommendations #1, #2 and #4. Council agreed that recommendation #1, shifting from a
city administrator to a city manager working in partnership with the Mayor, would be drafted and presented to
voters as a separate ballot measure.
In addition, Council expressed interest in the committee's recommendation to study the issues ofthe city
recorder and municipal judge as well as councilor salaries.
The City Council held a special meeting on February 16, 2006 and a study session July 13,2006 to discuss the
charter. At the October 3, 2006 council meeting, the council adopted a schedule for placing the two charter
measures on the May 2007 ballot and to release the draft for public comment.
Council Options:
· Identify changes to the draft charter based on public input from the November 2 open house and/or
direct staff to revise the draft and prepare city charter ballot measure language for Council review in
January.
· Direct staff to prepare city charter ballot measure language, based on current draft, for Council review in
January 2007.
Attachments:
· Comments recorded at the Open House on November 2, 2006
· Draft water language
· Draft City Charter and draft City Manager amendment
· Timeline
· Charter Review Committee final report without appendices. The final report with appendices is more
than 200 pages and was previously distributed to all councilors and is posted on the city's website.
· IR V Initiative provided by Pam Vavra
1
City Charter Open House
November 2, 2006
Approximately 30 people attended the Open House.
Recorded Comments:
Water Comments:
· More "iron clad" than original to protect corporate "takeover" of our water.
Don't include "commodity in language". Maybe need to form a sub panel to look
at it more closely. Shouldn't be existing Charter Review Committee members.
Need people who know about water including specialist in water law.
· Need to control the water. Language needs to guarantee control and quality of
water.
· Charter language should not prohibit/limit us from leaving water in stream to
benefit fish habitat.
. No privatization in anyway.
· Option #3 not good. Allows transfer outside city.
· Need to state that "finished water cannot be resold. Can list any exceptions that
may cause concern e.g. restaurants
· Language/resale isn't accurate. Need to make sure doesn't conflict with water
language in state law.
· Cannot sell finished water as drinking water as commodity.
Ethics
. Ethics don't belong in Charter
· We need more than to rely on the state ethics provisions.
· If we have anything relating to ethics in the Charter, it needs to be general
statements of principal.
City Recorder/Treasurer
· Recorder should be appointed
· Treasurer duties should be separated from Recorder and combined with Finance
Director
1
. Should municipal judge preside over jury trails?
Method of Elections
. 4 x Put top three vote getters on charter ballot
. 2 x Put IRV on ballot
. Don't put top 3 on ballot per history (1970) encourage diversity/variety potential
for richer community leadership
. Do away with position system.
. Do not put IRV on ballot
Phone call received on 1110:!J6: supports at large elections top three vote getters
(candidates with name recogllition and money will always have an advantage in elections
regardless of positions/wards/at large etc.)
General Comments
. If city moves to council/manager form, how to ensure continued strong political
leadership?
. Want to see a more clear demarcation between policy-making and professional
management so I prefer council/manager form.
. If present proposed charter amendment passes (# 15-65) it should be in the
proposed charter (perhaps Ch.11, SEC 40 or in misc, Ch 12)
. "Ashland will have a comprehensive plan" should be in the charter
. Keep charter clear and simple.. .put details in ordinance
. Disagree with above, feeling details shouldn't come and go so easily (as in
ordinance)
Form of Government
. I support have a strong mayor - setting him/her apart but support a strong
professional manager for running the city administratively
. What are the qualifications of elected mayor in terms of running a city? What are
the qualifications of city counselors?
2
· Support for a council/manager so that councilors can't "go around" the city
administrator and dictate city business e.g. fire department heads
· Many, many comments supporting council/manager form of government - so to
separate political body for adminlbusiness entity - so city can be run
professionally without being micromanaged by council
. Ifit ain't broke don't fix it
· The mayor should be fully compensated.
Email comments
From Marie Pugh 11/07/06
Ann, I note that you wanted input from any citizen of Ashland, relative to the City
Charter proposals:
I strongly agree with the strong City Manager form of Government. Not an administrator
with no force behind him or her, other than bowing to the will of the elected Council. He
should be appointed by the Council, then set loose to manage. His big decisions of course
will always, be evaluated by the Council, but his everyday management of personnel &
duties end in his office.
I would like to see some of the politics of Ashland left out of the everyday management.
I also would like to see Councilmen elected at large, so the best qualified, in the public's
opinion will be elected. As it is now, we can not have that choice, only ifthere happens to
be a vacancy in a "Position"., so this facet of the Charter should be submitted to the
voters.
Thanks for listening to the public.
Marie Pugh
175 Crowson Road
Ashland, OR 97520
mpughI75@mind.net
From Hal Cloer 11/07/06
Ann:
I didn't look at what Don had recorded concerning form of muni government, so
perhaps my comments are redundant.
There's all kinds of evidence that the council/manager form of city government
leaves a political leadership gap--even the ICCMA leadership says so, and the draft
3
charter makes no attempt to deal with that. (Beyond the functional, operational issues,
diminished mayoral power will be a focus of opposition to acceptance of the proposed
charter). Our discussions in the charter review committee reflected the consensus of the
experts that what's needed is a strong mayor, strong council, and strong professional
manager--and to support a strong mayor it is important to promote a team approach by
the mayor and manager on certain political leadership issues.
For that reason it is important, on page 2, Section 8 (f), of the Draft New City
Charter, to retain all the duties and responsibilities except # 1. Duty #3 would be shared
with the manager's duty #8, and duty #4 would be shared with manager's duty #9 (City
Manager draft, p. 2, Sec. 35d). An additional duty should be added to Sec. 8 (f) (to team
with the manager's duty #6, Prepare and administer the annual city budget); Sec. 8 (f) 5:
"Receive from the manager a proposed budget to be presented with comments to the
budget committee and the council."
Those additions would help make clear the expectation that the mayor and the
manager would work as a team on certain issues calling for political leadership.
I have two other comments to make, and I'll do that later.
Regards, Hal.
From Hal Cloer 11108/06
Ann:
As with the LOC Model, it's probably wise to detail election forms in ordinances,
rather than embed them in the charter. Means for attaining goals of elections change as
cities change; the National Civic League Model discussed 10 different versions found
desirable under certain circumstances.
As to the content of such an ordinance, two comments are relevant: Ex-Ashland
Finance Director Bob Nelson claimed, in a letter to the Charter Review Committee, that
with the possible exception of Portland, Ashland's Municipal Corporation is the most
complex in Oregon--with the implied complexity of balancing the trade-offs, costs, and
consequences among the various things Ashland citizens have asked the city to do over
the years. Then, in an interview with Mayor Alan DeBoer, Tim Bewley said "my God,
Alan, you're beginning to sound like a liberal," and Alan said, "the view from the inside
is very different from the view from the outside." The average tenure for councilors is
about two terms. Depending on prior apprenticeship experience on city bodies, it
probably takes one term to fully master the councilor role. A national study found
"councilor turnover" to be one of the major problems with council effectiveness.
4
These factors are among the reasons that the 1968-70 Charter Revision
Committee recommended, after 44 years of experience with the "top 3" election system,
that the city move to head-to-head election races. The "top 3" system is more open to
gaming the system, and tends to produce greater council turnover than does the head-to-
head system. There is more of a likelihood that debates between contestants would focus
on the councilor role in head-to-head contests, with incumbents defending their roles,
than when the incumbents and everyone else are running against the entire pool of
candidates (popular though that may be with the electorate). Democracy is messy and
difficult to control, but it's important to try to achieve the main goals of an election
system: informed voting, valid community representation, and effective council
operation. I'll attach my minority report regarding the CRC recommendation.
Minority Opinion regarding the recommendation "The current position system for
selecting council members should be eliminated in favor of citywide, at-large elections in
which the top three vote getters win the council seats at issue."
Among goals of a council election procedure are (1) informed voting, (2) valid
community representation, and (3) effective council operation. Election procedures for
attaining those goals change as the population of a city grows and becomes more diverse.
The above recommendation is to return to a procedure that served Ashland well in an
earlier time (1928 to 1972), when a higher proportion of residents were somewhat
acquainted. Informed voting had become more dependent on media coverage. The 1968-
70 Charter Revision Committee recommended changing to head to head council contests
in a numbered position system. Ashland voters approved the recommendation in 1972.
Our committee member who wrote the "White Papers" and the "Topic
Discussion Paper" on city council elections has called for continued investigation by the
Council of various election procedures. The National Civic League's Model Charter
discusses ten possible variations of election procedures. The League of Oregon Cities
Model Charter recommends a charter provision calling for deviations from state and
federal law to be in the form of ordinances, to provide the flexibility needed as conditions
change. I would suggest that the council consider adopting the LOC Model's
recommendation.
At the 5/12/05 committee's 5 to 4 vote to make the above recommendation,
proponents commented on the absence of rationales for the existing "numbered position"
system. Ann Seltzer provided the committee with an Oregonian news account of the city
of Sherwood's proposal to change the charter from the "top three" system to a numbered
position system. On 5/18/05, the city recorder, Barbara Christensen, forwarded
Sherwood's city recorder's report regarding the reasoning for the recommended change--
and also mentioned that Ashland had made the same change in 70's, and invited
committee members to review information on the change.
The 2/15/72 Ashland council's decision to recommend changing from he "top 3"
system to a numbered position system was virtually unanimous, 5-1 (with the dissenter
5
saying he was voting against all 4 recommendations because he still felt the 1970 voter-
approved charter
was invalid).
The 4/26/72 Tidings carried the LWV A's explanation of the measure:
"Arguments for: 1. Under this provision a candidate would run against the record or
program of a particular incumbent whose seat number he seeks--whereas, under the at
large system there is no way to run directly against anyone. 2. Under the present at large
system each candidate is in effect running against all others, even though he may in fact
support some of them. 3. Voters can make clearer choices among candidates when they
are adversaries for specified numbered positions." Arguments against: A voter might
prefer two candidates among those running, and ifboth have filed for the same numbered
position he can vote only for one. Under the present system the voter can vote for his top
three preferences for the three open positions". At the 5/23/72 election, the change was
approved by voters, 2,351 to 1,589.
There are tradeoffs in a decision to move from a "top 3" to a numbered position
system (or visa versa) for electing city councilorsngenerally between simplicity of
indicating one's top three preferences, plus avoidance of elimination of desirable
candidates in head to head contests vs. attainment of the three goals of the system:
informed voting, valid community representation, and effective council operation. I
would contend that city councilors were better positioned for evaluating those tradeoffs
than were our committee members. We didn't know that city councilors had experienced
our recommended system and had discarded it, and we didn't have access to their
rationales for doing so.
The councilors' preference for head-to-head contests seems largely to be a
judgment that such contests produced campaigning and results more closely tied to
counselor roles, rather than from purchased or irrelevant name recognition. In Sherwood,
a non-performing councilor was constantly reelected, apparently from having greater
name- recognition than others in the pool. They felt that operation of the council had been
crippled when orchestrated block voting wiped out three incumbents. Further, Sherwood
councilors claimed that large pool campaigning produced unclear messages for voters.
In the 2/1 0/72 Ashland council vote to move from "top 3" to numbered positions,
councilor McCannon said "Elections now are more or less a popularity contest."
Councilman Roberts agreed, noting that he had favored such a provision when it was
proposed two years ago in the draft of a new charter. Other councilors said that in the
"top 3" system, council candidates are not running against anyone, so voters were faced
with no clear choices. Another councilor felt that having incumbent councilors running
against each other, with no rationale for that, was not productive.
The editor of the Tidings wrote on 2/10/72: "The proposed position system would
eliminate the kind of conspiracy in which a group of people trying to boost one specific
candidate votes only for that candidate and doesn't vote for other council jobs that are
open. The current system allows the situation in which, if the majority of voters happens
6
to have the same third choice for councilman, that candidate will get the highest number
of votes. That distorts the mandate under which the council operates once it is
constituted. The proposed system would likely lead to some lively campaigning, which
undoubtedly would let voters know more about candidates...the proposed system would
be a great help in letting voters pick those candidates who are most responsive to their
needs and wishes." In a 5/22/72 editorial, adding to those arguments, the editor claimed,
"The system would focus more attention on issues in council elections, as incumbents
seeking reelection, for example, would have to defend their record against challengers."
I feel that insufficient information on the tradeoffs between the voting systems
was available for our committee's decision-making on this issue, with rationales being
more speculative than evidence- based. (For example, the claim that "it ( the numbered
position system) can allow unchallenged incumbents to avoid scrutiny" is directly
opposed by Sherwood's claim that the constant reelection of a non-performing councilor
in the candidate pool situation might have been stopped through direct contesting for his
office). More importantly, I believe that sitting councilors are generally more attentive to
and more knowledgeable about election systems and their trade offs than are our
committee members, and that councilor judgments should weigh heavily in decisions.
I believe that there is need for flexibility in attaining the goals of an election
system as conditions change, and therefor no particular system should be embedded in
the charter. Further, I feel that an ordinance authorizing a system different from that
currently existing in Ashland should give adequate weight to the experience and
judgment of sitting councilors.
Submitted by Hal Cloer, 815 Creek Stone Way, Ashland. 482-8364.
From Hal Cloer 11/11/06
Ann: Here's more input. Hal.
I agree with John Morrison that the council should not put anything before the
voters that it won't support. If the council is to put charter revision measures on the May
ballot, there must be an advocacy campaign. The NCL Guide for Charter Commissions
claims that "50% of the task is preparing the charter proposal; the other 50% is getting it
accepted." There will be important opposition efforts and without an effective advocacy
campaign, all the hours of study and deliberation by the CRC, all of Sponsler's work, and
that of the council and staff are likely to be wasted.
It's obvious from attendance at the Open House that charter revision is not high
on the priorities of Ashland voters. It will take an interesting and effective campaign to
communicate to the voters why it's important to move from the status quo regarding
Ashland's city charter. In spite of claims that can be made, that will not be an easy sell
("If it ain't broke, don't fix it; if uncertain, vote no.").
I would suggest that, starting in March, there be a short (90-day) campaign, with
emphasis on the last 3 weeks. To be effective, the campaign must be of higher impact
than usual city communication efforts. While there should be the usual "Report to the
7
Voters," establishing the validity of the review process, telling what principles the CRe
followed, and explaining the merits and main features of the proposed charter, the
campaign itself should be higher impact--for example, started by a kickoff news
conference with good visuals (big crowd, signs, refreshments, entertainment, etc., things
government doesn't do well.),
To put together an effective election campaign between now and March, there is
much that should be done. A campaign committee should be established so that
contributions and expenditures can be made. (It will be important that the name of the
campaign committee convey the main message of the campaign, it's slogan, since that
appears on all material the campaign produces.). The fundraising director should not
only have high status in the community, he/she should also be someone who can
approach potential contributors on a person-to-person basis for contributions (80-90% of
contributions can be obtained on such a basis). The treasurer must be a trusted citizen.
An effective campaign manager (skilled, energetic, with good political instincts,
able make "best gut calls" compatible and trusted by campaign workers) should be
selected, along with a steering committee consisting of the fundraising director, potential
canvassing director, potential display advertising director, and potential letters to the
editor director.
A website should be establish for communication and recruitment-- with the
campaign theme/slogan, simple arguments for support, and tasks for volunteers'
selection. A time line of goals, including the 90-day campaign, should be developed,
along with a budget (for newspaper ads, brochures and flyers, graphics, direct mail, etc.).
A "Committee to Support" should be recruited among highly regarded members of the
community--aiming ultimately at endorsements from opinion leaders of important
organizations, editorial boards, and individuals that can be used in mass-support ads. A
speaker's bureau must be trained for public presentations. All ofthis before March!
8
December 19, 2006
DRAFT Water Language for City Charter
As Currently Drafted:
Section 43. Protection of City Water. Any and all water and water works and water
rights now owned or which may hereafter be acquired by said City, for the purpose of
supplying the inhabitants thereof with water shall never be rented, sold or otherwise
disposed of; nor shall the City ever grant any franchise to any person or corporation for
the purpose of supplying the inhabitants of said City with water.
NOTE:
As discussed by Council in July 2006, this language should prevent us from privatizing
the system, selling our source water, or transferring a water right. It should NOT prevent
us from selling finished water, which then any retail business could reuse (or resell) as
part of its business (e.g.. the Co-op could sell its filter service...A Spa can sell hot water
baths, etc.)
Suggested Water Language for City Charter:
The City of Ashland shall own and operate the public water system and shall never
transfer, through any means, the water system, any source water, or any water right. The
City shall not transfer or sell water to any person or business for the purpose of
repackaging the water for resale.
DRAFT NEW CITY CHARTER
October 12, 2006
CITY OF ASHLAND
CITY CHARTER
PREAMBLE
We, the voters of Ashland, Oregon exercise our power to the fullest extent possible under
the Oregon Constitution and laws of the state, and enact this Home Rule Charter.
Chapter I
NAMES AND BOUNDARIES
Section 1. Title. This charter may be referred to as the 2006 Ashland City Charter.
Section 2. Name. The City of Ashland, Oregon, continues as a municipal corporation
with the name City of Ashland.
Section 3. Boundaries. The city includes all territory within its boundaries as they now
exist or are legally modified. The city will maintain as a public record an accurate and
current description of the boundaries.
Chapter II
POWERS
Section 4. Powers. The city has all powers that the constitutions, statutes and common
law of the United States and Oregon expressly or impliedly grant or allow the city, as
fully as though this charter specifically enumerated each of those powers.
Section 5. Construction. The charter will be liberally construed so that the city may
exercise fully all powers possible under this charter and under United States and Oregon
law.
Section 6. Distribution. The Oregon Constitution reserves initiative and referendum
powers as to all municipal legislation to city voters. This charter vests all other city
powers in the council except as the charter otherwise provides. The council has
legislative, administrative and quasi-judicial authority. The council exercises legislative
authority by ordinance, administrative authority by resolution, and quasi-judicial
authority by order. The council may not delegate its authority to adopt ordinances.
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Chapter III
COUNCIL
Section 7. Council. The council consists of six councilors nominated and elected from the
city at large by position.
Section 8. Mayor.
(a) The mayor presides over and facilitates council meetings, preserves order, enforces
council rules, and determines the order of business under council rules.
(b) The mayor has no vote on council matters unless there is a tie vote. The mayor
has veto authority over council legislative and administrative decisions.
(c) With the consent of council, the mayor appoints members of commissions and
committees established by ordinance or resolution.
(d) The mayor must sign all records of council decisions.
(e) The mayor serves as the political head and chief executive officer of the city
government.
(j) The mayor must:
(1) Appoint, supervise and remove city department heads with the consent of the
councilors;
(2) Deliver an annual state of the city report to the council and public;
(3) Encourage and support regional and intergovernmental cooperation;
(4) Promote cooperation among the council, staff and citizens; and
(5) Perform other duties as assigned by the council
Section 9. Council President. At its first meeting each year, the council must elect a
president from its membership. The president presides in the absence of the mayor and
acts as mayor when the mayor is unable to perform duties.
Section 10. Rules. The council must adopt by ordinance or resolution rules to govern its
meetings.
Section 11. Meetings, The council must meet at least once a month at a time and place
designated by its rules, and may meet at other times in accordance with the rules.
Section 12. Quorum. The mayor and three councilors or four councilors is a quorum
to conduct business, but a smaller number may meet and compel attendance of absent
members as prescribed by council rules.
Section 13 . Vote ReQuired. The express approval of a majority of a quorum of the council
is necessary for any council decision, except when this charter requires approval by
greater number. A majority shall in all cases consist of a minimum of three votes.
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Section 14. Record. A record of council meetings must be kept in a manner prescribed by
the council rules.
Chapter IV
LEGISLA TIVE AUTHORITY
Section 15. Ordinances. The council will exercise its legislative authority by adopting
ordinances. The enacting clause for all ordinances must state "The City of Ashland
ordains as follows:"
Section 16. Ordinance Adoption.
(a) Except as authorized by subsection (b), adoption of an ordinance requires approval by
a majority of a quorum at two meetings.
(b) The council may adopt an ordinance at a single meeting by the unanimous approval of
the councilors present, provided the proposed ordinance is available in writing to the
public at least one week before the meeting.
( c) Any substantive amendment to a proposed ordinance must be read aloud in the
Council meeting or made available in writing to the public before the council adopts the
ordinance at that meeting.
(d) After the adoption of an ordinance, the vote of each member must be entered into the
council minutes.
(e) After adoption of an ordinance, the recorder of records must endorse it with the date
of adoption and the recorder's name and title. The recorder must submit the ordinance
to the mayor for approval. If the mayor approves the ordinance, the mayor must
sign and date it.
(t) If the mayor vetoes the ordinance, the mayor must return it to the recorder with
written reasons for his veto within five business days of passage of the ordinance. If
the ordinance is not so returned, it takes effect as if approved.
(g) At the irrst council meeting after veto by the mayor, the councilors will consider
the reasons of the mayor and again vote on the ordinance. If four councilors vote to
adopt the ordinance, it will take effect.
Section 17. Effective Date of Ordinances. Ordinances normally take effect on the 30th
day after adoption and approval by the mayor, or adoption after veto by the mayor,
or on a later day provided in the ordinance. An ordinance adopted may take effect as soon
as adopted, or other date less than 30 days after adoption if it contains an emergency
clause.
Chapter V
COUNCIL ADMINISTRATIVE AUTHORITY
Section 18. Resolutions. The council will normally exercise its administrative authority
by approving resolutions. The approving clause for resolutions must state "The City of
Ashland resolves as follows:"
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Section 19. Resolution Approval.
(a) Adoption of a resolution or any other council administrative decision reqUires
approval by the council at one meeting.
(b) Any substantive amendment to a resolution must be read aloud in the Council meeting
or made available in writing to the public before the council adopts the resolution at that
meeting.
(c) After approval of a resolution or other administrative decision, the vote of each
member must be entered into the council minutes.
(d) After approval of a resolution, the recorder must endorse it with the date of approval
and the recorder's name and title. The recorder must submit the resolution to the
mayor for approval. If the mayor approves the resolution, the mayor must sign and
date it.
(e) If the mayor vetoes the resolution, the mayor must return it to the recorder with
written reasons for the veto within five business days of passage of the resolution. If
the resolution is not returned, it takes effect as if approved.
(I) At the first council meeting after veto by the mayor, the councilors will consider
the reasons of the mayor and again vote on the resolution. If four councilors vote to
adopt the resolution, it will take effect.
Section 20. Effective Date of Resolutions. Resolutions and other administrative decisions
take effect on the date signed by the mayor, or on a later day provided in the resolution.
Chapter VI
QUASI-JUDICIAL AUTHORITY
Section 21. Orders. The council will normally exercise its quasi-judicial authority by
approving orders. The approving clause for orders may state "The City of Ashland orders
as follows:"
Section 22. Order Approval.
(a) Approval of an order or any other council quasi-judicial decision requires approval by
the council at one meeting.
(b) Any substantive amendment to an order must be read aloud or made available in
writing to the public at the meeting before the council adopts the order.
(c) After approval of an order or other council quasi-judicial decision, the vote of each
member must be entered in the council minutes.
(d) After approval of an order, the recorder must endorse it with the date of approval and
the recorder's name and title.
Section 23. Effective Date of Orders. Orders and other quasi-judicial decisions take effect
on the date of final approval, or on a later day provided in the order or by ordinance.
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Chapter VII
ELECTIONS
Section 24. Councilors. At each general election after the adoption of this charter, three
councilors will be elected for four-year terms by position. The terms of councilors in
office when this charter is adopted are the terms for which they were elected.
Section 25. Mavor. At the general election held November 2008, and every other general
election thereafter, a mayor will be elected for a four-year term. The term of the mayor in
office when this charter is adopted is the term for which the mayor was elected.
Section 26. State Law. City elections must conform to state law except as this charter or
ordinances provide otherwise. All elections for city offices must be nonpartisan.
Section 27. Qualifications.
(a) To hold a city elective position, each person must be a qualified elector under state
law, and reside within the city before election or appointment to office. The Municipal
Judge shall not be required to be a resident of the City of Ashland.
(b) No person may be a candidate at a single election for more than one city office.
(c) Neither the mayor nor a councilor may be employed by the city.
(d) The council is the final judge of the election and qualifications of its members.
Section 28. Nominations.
(a) An eligible elector may become a candidate for an elective city position by filing
a nomination petition or a declaration of candidacy on a form prescribed by the
secretary of state and available from the city recorder.
(b) A declaration of candidacy must be accompanied by the filing fee, if any,
established by council resolution.
(c) A nomination petition must contain signatures of not fewer than 25 city-qualified
electors.
(d) The council may prescribe by ordinance other procedures for the nomination and
election of persons for city elective positions.
Section 29. Terms. The term of an officer elected at a general election begins when the
officer is sworn in after the first of the next year immediately after the election, and
continues until the successor qualifies and assumes the office.
Section 30. Oath. To hold a city elective position each person must swear or affirm to
faithfully perform the duties of the office and support the constitutions and laws of the
United States and Oregon.
Section 31. Vacancies: A city elective position becomes vacant:
(a) Upon the incumbent's:
(1) Death,
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(2) Adjudicated incompetence, or
(3) Recall from the office.
(b) Upon declaration by the council after the incumbent's:
(1) Failure to qualify for the office within 10 days of the time the term of office is to
begin,
(2) Absence from the city for 30 days without council consent, or from all council
meetings within a 60-day period without council consent,
(3) Ceasing to reside in the city,
(4) Ceasing to be a qualified elector under state law,
(5) Disorderly conduct or refusal to perform duties of office. No incumbent may
be expelled without notice, a hearing, and a decision by at least four councilors,
or
(6) Resignation from the office.
Section 32. Filling Vacancies. A vacant city elective posItIon will be filled by
appointment by a majority of the remaining councilors. The appointee's term of office
shall begin immediately upon appointment and shall continue until a successor, elected at
the next biennial election, takes office for the unexpired term. If a a councilor will be
absent from office for more than 60 days with Council consent, the council may appoint a
councilor pro tern.
Chapter VIII
OTHER ELECTIVE OFFICERS
Section 33. City Recorder.
(a) The office of city recorder is established as the council clerk, city custodian of
records and city elections official. The recorder must attend all council meetings
unless excused by the mayor or council. The recorder must make payments of all
city funds appropriated by the council, and may audit city accounting records.
(b) At the general election November 2010 and every other general election after
that, a recorder will be elected for a four-year term. The term of the recorder in
office when this charter is adopted is the term for which the recorder was elected.
(c) When the recorder is temporarily disabled from acting as recorder or when the
office becomes vacant, the council must appoint a recorder pro tern. The recorder
pro tern has the authority and duties of recorder.
Section 34. Municipal Court and Judge.
(a) The office of municipal judge is established. The municipal judge will hold court in
the city at such place as the council directs. The court will be known as the Municipal
Court. The municipal judge must be admitted to practice in the Supreme Court of
Oregon.
(b) At the general election in November 2010 and every other general election after
that, a municipal judge will be elected for a four-year term. The term of the
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municipal judge in office when this charter is adopted is the term for which the
judge was elected.
(c) All proceedings of this court will conform to state laws governing justices of the
peace and justice courts.
( c) All areas within the city and areas outside the city as permitted by state law are within
the territorial jurisdiction of the court.
(d) The municipal court has jurisdiction over every offense created by city ordinance. The
court may enforce forfeitures and other penalties created by such ordinances. The court
also has jurisdiction under state law unless limited by city ordinance.
( e) The municipal judge may:
(1) Render judgments and impose sanctions on persons and property;
(2) Order the arrest of anyone accused of an offense against the city;
(3) Commit to jailor admit to bail anyone accused of a city offense;
(4) Issue and compel obedience to subpoenas;
(5) Compel witnesses to appear and testify and jurors to serve for trials;
(6) Penalize contempt of court;
(7) Issue processes necessary to enforce judgments and orders of the court;
(8) Issue search warrants; and
(9) Perform other judicial and quasi-judicial functions assigned by ordinance.
(f) Any defendant requesting jury trial may have a jury of six (6) members by
demanding the same. Any jury chosen shall be governed by the laws of the State of
Oregon relating to juries in the District Court, and shall have the qualifications of
such jurors resident within the corporate limits of said City.
(g) The council may appoint and may remove municipal judges pro tern.
(h) The council may transfer some or all of the functions of the municipal court to an
appropriate state court.
Chapter IX
APPOINTIVE OFFICERS
Section 35. Citv Administrator. The office of city administrator is established as the
chief administrative officer for the city government under the mayor. The mayor with
the consent of the city councilors must appoint and may remove the city administrator.
The duties of city administrator shall be established by ordinance.
Section 36. City Attorney. The office of city attorney is established as the chief legal
officer of the city government. The mayor with the consent of the city councilors must
appoint and may remove the attorney. The attorney must appoint and supervise, and may
remove any legal office employees.
Chapter X
PERSONNEL
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Section 37. Compensation. The council must authorize the compensation of city officers
and employees, the City Recorder and the Municipal Judge as part of its approval of
the annual city budget. The council may authorize by ordinance compensation for the
mayor and councilors. Any such ordinance may not take effect before January 1 of
the year after a council election.
Section 38. Merit Systems. The council by resolution will determine the rules governing
recruitment, selection, promotion, transfer, demotion, suspension, layoff, and dismissal of
city employees based on merit and fitness.
Chapter XI
PUBLIC IMPROVEMENTS
Section 39 Procedure. The council may provide by ordinance for procedures governing
the making, altering, vacating, or abandoning of a public improvement. A proposed
public improvement may be suspended for six months upon remonstrance by owners of
the real property to be specially assessed for the improvement. The number of owners
necessary to suspend the action will be determined by ordinance.
Section 40. Special Assessments. The procedure for levying, collecting and enforcing
special assessments for public improvements or other services charged against real
property will be governed by ordinance.
Chapter XII
MISCELLANEOUS PROVISIONS
Section 43. Protection of City Water. Any and all water and water works and
water rights now owned or which may hereafter be acquired by said City, for the
purpose of supplying the inhabitants thereof with water shall never be rented, sold
or otherwise disposed of; nor shall the City ever grant any franchise to any person
or corporation for the purpose of supplying the inhabitants of said City with water.
Section 44. Separate Fire and Police Departments. The City of Ashland shall
maintain a lire department which is separate and distinct from the City police
department. The employees of one department shall not be assigned to do the job
functions of employees in the other department. (Charter amendment 1-4-86).
Section 45. Hospital The council has authority to own, operate and conduct a
municipal hospital.
Section 46. Cemeteries The council has authority to Imance the maintenance and
upkeep of public and private cemeteries within the city.
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Section 47. Park & Recreation Commission
(a) A park & recreation commission is created with five members nominated and
elected from the city at large by position. At the rIrst general election after the
adoption of this charter and every four years thereafter, three commissioners will be
elected for four-year terms by position. At the second general election after adoption
of this charter and every four years thereafter, two commissioners will be elected for
four-year terms by position. The terms of commissioners in office when this charter
is adopted are the terms for which they were elected.
(b) The park & recreation commission has authority over the management of all
city lands dedicated for park purposes and all other lands acquired by the city for
such purposes. The commission has control and management of all park funds
budgeted by the City and must expend them judiciously for beautifying and
improving City parks and for funding the City Band. The park & recreation .
commission will carry out its functions and duties in accordance with city
ordinances.
(c) The commission administers the city open space park program. The commission
makes recommendations to the city council concerning land and easement
acquisitions for the program. After such acquisition, the commission will
administer, develop and operate such land. The city council may not use
condemnation power to acquire fee simple ownership of any land for open space
purposes. Funds dedicated to the open space program may only be used for open
space purposes as determined jointly by the commission and the city council.
Section 48. Airport The council has authority to acquire, own, conduct and operate
a municipal airport either within or outside city boundaries.
Section 49. City Band The City shall provide for the continued operation of a City
Band.
Section 50. Ethics The council shall by ordinance establish provisions relating to the
standards for ethical conduct of the City's elected officials, appointed officials and
employees.
Section 51. Charter Review At least every 10 years beginning in 2015 the council
will appoint a charter review committee of not less than nine members. The
committee will review the city charter and any issues relating thereto. It will report
to the council and the public its rmdings, conclusions and recommendations,
including any proposed amendments to the city charter.
Section 52. Debt. City indebtedness may not exceed debt limits imposed by state law. A
charter amendment is not required to authorize city indebtedness.
Section 53. Ordinance Continuation. All ordinances consistent with this charter in force
when it takes effect remain in effect until amended or repealed.
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Section 54. Repeal. All charter provisions adopted before this charter takes effect are
repealed.
Section 55. Severability. The terms of this charter are severable. If any provision is held
invalid by a court, the invalidity does not affect any other part of the charter.
Section 56. Time of Effect. This charter takes effect July 1. 2007.
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DRAFT NEW CHARTER CITY MANAGER
Thomas Sponsler
February 9, 2006
CITY OF ASffi.AND
CITY CHARTER
CITY MANAGER AMENDMENT
The 2006 Ashland City Charter is amended by changing sections 8 and 31, and adding a
new section 35 to read as follows:
Section 8. Mayor.
(a) The mayor presides over and facilitates council meetings, preserves order, enforces
council rules, and determines the order of business under council rules.
(b) The mayor has no vote on council matters unless there is a tie vote. The mayor has
veto authority over council legislative and administrative decisions.
(c) With the consent of council, the mayor appoints members of commissions and
committees established by ordinance or resolution.
(d) The mayor must sign all records of council decisions.
(e) The mayor serves as the political head [and chief executive officer) of the city
. government
[(f) The mayor must:
(1) Appoint, supervise and remove city department heads with the consent of the
councilors;
(2) Deliver an annual state of the city report to the council and public;
(3) Present a proposed annual city budget to the city budget committee and council;
(4) Encourage and support regional and intergovernmental cooperation;
(5) Promote cooperation among the council, staff and citizens; and
(6) Perform other duties as assigned by the council.}
Section 31. Vacancies: A city elective position becomes vacant:
(a) Upon the incumbent's:
(1) Death,
(2) Adjudicated incompetence, or
(3) Recall from the office.
(b) Upon declaration by the council after the incumbent's:
(1) Failure to qualify for the office within 10 days of the time the term of office is to
begin,
Based on 2004 LOC Model Charter
Bold words are added to the Draft Ashland Charter
[Bracketed and italics words are deleted from the Draft Ashland Charter)
DRAFT NEW CHARTER CITY MANAGER
Thomas Sponsler
February 9,2006
(2) Absence from the city for 30 days without council consent, or from all council
meetings within a 60-day period,
(3) Ceasing to reside in the city,
(4) Ceasing to be a qualified elector under state law;
(5) Disorderly conduct or inattention to duties of office. No incumbent may be
expelled without notice, a hearing and a decision by at least four councilors,
(6) Resignation from the office, or
(7) Removal under Section 35(i).
Section 35. City Mana2:er.
(a) The office of city manager is established as the chief administrative officer of the
city government. The city manager is responsible to the mayor and council for the
proper administration of all city business. The city manager will assist the mayor
and council in the development of city policies, and carry out policies established by
ordinances and resolutions.
(b) A majority of the council must appoint and may remove the manager. The
appointment must be made without regard to political considerations and solely
based on education and experience with local government management.
(c) The manager may be appointed for a definite or an indefinite term, and may be
removed at any time by a majority of the council. The council must fill the office by
appointment as soon as practicable after the vacancy occurs.
(d) The manager must:
(1) Attend all council meetings unless excused by the mayor or council;
(2) Make reports and recommendations to the mayor and council about the
needs of the city;
(3) Administer and enforce all city ordinances, resolutions, franchises, leases,
contracts, permits, and other city decisions;
(4) Appoint, supervise and remove city employees;
(5) Organize city departments and administrative structure;
(6) Prepare and administer the annual city budget;
(7) Administer city utilities and property;
(8) Encourage and support regional and intergovernmental cooperation;
(9) Promote cooperation among the council, staff and citizens in developing city
policies, and building a sense of community;
(10) Perform other duties as directed by the council;
(11) Delegate duties, but remain responsible for acts of all subordinates.
(f) The manager has no authority over the mayor or councilor over the judicial
functions of the municipal judge.
Based on 2004 LOC Model Charter
Bold words are added to the Draft Ashland Charter
[Bracketed and italics words are deleted from the Draft Ashland Charter]
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DRAFT NEW CHARTER CITY MANAGER
Thomas Sponsler
February 9, 2006
(g) The manager and other employees designated by the council may sit at council
meetings but have no vote. The manager may take part in all council discussions.
(h) When the manager is temporarily disabled from acting as manager or when the
office becomes vacant, the council must appoint a manager pro tern. The manager
pro tern has the authority and duties of manager, except that a pro tern manager
may appoint or remove employees only with council approval.
(i) Neither the mayor nor a councilor may attempt directly or indirectly coerce the
manager or a candidate for the office of manager in the appointment or removal of
any city employee, or in administrative decisions. Violation of this prohibition is
grounds for removal from office by four councilors after a public hearing. In
council meetings, the mayor and councilors may discuss or suggest any topic with
the manager relating to city business.
Based on 2004 LOC Model Charter
Bold words are added to the Draft Ashland Charter
[Bracketed and italics words are deletedfrom the Draft Ashland Charter]
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Proposed Timeline for Mav 2007 General Election
Charter ReviewlUpdate
October 17
Council reviews draft charter.
November 2
Council holds public hearing or public forum.
December 5
Council reviews draft based on public input.
January 16
Council reviews final draft of proposed measures.
February 6
Council approves final draft of proposed measures.
March 15
All materials due to Jackson County: Ballot Titles, Statement etc.
May 15
General Election
ASHLAND CHARTER REVIEW COMMITTEE
Final Report & Recommendations
July 1,2005
Introduction and Backe.round:
The Ashland City council initiated a charter review process in May 2004 with the
authorization of a 10-member ad hoc citizen Charter Review Committee. The newly
constituted committee was directed to conduct an independent assessment of the existing
charter (last reviewed in 1978) and, if necessary, to draft a new or amended document
suitable to "serve the community well into the future." Appointed by Mayor Alan
DeBoer, the committee began work in July 2004. Our ranks included co-chairs J0411
Enders and Carole Wheeldon, and members Hal Cloer, Kate Culbertson, Laurie
MacGraw, Pam Marsh, Don Montgomery, Keith Massie, and Michael Riedeman.1
The committee quickly realized that the task at hand would require more than a cursory
review, and we agreed to undertake a systematic and comprehensive analysis of the
charter. After a year of study, we are now forwarding our findings to the City council. In
order to be enacted, charter revisions will need to be placed on the ballot by the council
and approved by voters in a citywide election.
Our work was ably staffed by Ann Seltzer, who fielded a tremendous number of requests
from committee members and interested residents. City Attorney Mike Franell and
Assistant Attorney Mike Reeder provided legal guidance, and Nancy Slocum and April
Lucas provided us with minutes. In addition, the city engaged the services of Torn
Sponsler, a consultant with expertise in charter reviews and revisions and the author of
the Oregon Model Charter, who was contracted to assist the committee.
This report summarizes our recommendations and work schedule over the past year.
(See Appendix 1: Council Approved Documents Establishing the Charter Review
Committee)
Public Input Process
From the beginning the committee understood that public involvement and testimony
were critical to our mission, and we attempted to include the community beyond the
requirements of the law. Throughout our deliberations the committee adhered to the
Oregon Public Meetings laws, and, whenever possible, meetings were broadcast live on
I Unfortunately, our tenth member, Roy Bashaw, resigned in December 2004.
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RVTV (later available as streaming video on the city's website). We scheduled a public
input session into each meeting agenda, and we planned a series of public forums and
other outreach efforts to solicit comment. These efforts included:
./ Committee interviews with current and former elected and appointed officials.
./ Presentations to the Lions Club, Rotary, Chamber of Commerce, Green Party, and
League of Women Voters.
./ Creation of an information brochure for distribution at public events
./ Articles in City Source.
./ Development of an employee survey designed to solicit input from city staff
./ Solicitation of extensive coverage in the Daily Tidings and, to a lesser extent, the
Medford Mail Tribune.
./ Submission of letters to the editor and op-ed articles explaining the charter
process.
./ Development of research documents (white papers and, later, topic papers) that
investigated specific issues.
./ Utilization of the city of Ashland web site. All committee documents have been
posted on the web in order to maximize public access and encourage input.
./ Use of a Charter listserv to disseminate information and discussion.
./ Appearances on RVTV. In addition to the regular broadcast of our meetings,
committee members participated in two interview shows focused on charter
reVIew.
./ Establishment of a public outreach subcommittee to plan and coordinate efforts.
Public forums included:
./ A January 20th meeting at the SOU Rogue River Room attended by approximately
75 community members. This meeting was structured with small breakout groups
in order to provide and overview of charter review and to gather initial public
comment.
./ An April ih meeting, also at SOU, focused on structure of government attended
by approximately 30 people. Roundtable discussions invited residents to discuss
the qualities/elements that enable government to provide good public service.
./ Issue forums. In addition, we scheduled a public input session on each specific
issue prior to committee debate.
Despite our best efforts, the committee was disappointed with the overall level of citizen
participation. We realize, however, that the City council has an opportunity to generate
significant public input during your review of our recommendations. A later section of
this report ("Next Steps) suggests possible courses of action.
(See Appendix 11: Public Information Materials)
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Structure of Recommendations
Preliminary study and expert testimony enabled the committee to sort potential charter
revisions into three areas of concern: 1) outdated charter language usurped by state law;
2) charter provisions that could be better legislated in the form of city ordinances; and, 3)
structural and political provisions that seemed to warrant evaluation. Analyses produced
by former city attorney Paul Nolte and by committee consultant Tom Sponsler
highlighted significant sections of the charter containing outdated or extraneous
language.
After extensive discussion, the committee decided to adopt the Oregon Model Charter
(developed by the League of Cities) as a template for the revised Ashland city charter.
Our intent was to produce a document that clearly identifies the authority and
accountability of local government and that reflects current state law. At the same time,
the new streamlined charter would need to reflect the specific history and character that
defines the Ashland community. Eliminating outdated language was easy; tackling
sensitive political questions posed a much bigger challenge.
As a result, the committee agreed to spend most of our time focused on a few key issues
critical to the conduct of local government:
./ The mayor-manager/administrator relationship
./ Mayoral veto/ability to vote on council issues
./ Appointment of city commissions/committees
./ Election of city council by positions
./ Election of the city recorder
./ Election of the municipal judge
./ Election/powers of the Parks Commission and related issues re: the organization
of the Parks Department
./ City Band
Later in our discussions we identified two additional issues that seemed to warrant
investigation: 1) council salaries; and, 2) periodic charter review.
Kev Recommendations
1. The City of Ashland should be governed by a partnership between the
elected mayor (the political leader), a city manager (the administrative
leader), and the council (the legislative body). Elected officials are charged
with responsibility for developing policy; the city manager should implement
that policy. The manager's administrative powers should be expanded to
include staff supervision (hiring, irring, and general accountability).
Background: Article 4, Section 2 of the existing charter stipulates that the elected
mayor is the "executive officer of the municipal corporation." Article 13 further
delineates the mayor's powers, noting that slbe may "suspend and remove any appointive
3
officer at any time." In effect, the charter empowers the mayor to assume a range of
administrative powers; in theory, the city administrator is responsible for implementing
policy, but hislher managerial authority can be overshadowed by the mayor's broadly
defined powers.
Discussion: Proponents of the existing language argue: 1) that the mayor's position as an
elected official should empower him/her to serve as a hands-on administrator; and, 2) that
designation of a city manager could concentrate too much power in the hands of an
appointed official. Conversely, critics of the current system believe: 1) that the size and
complexity of city issues require professional management; and, 2) that policy is best
created and implemented via a respectful partnership forged between elected and
appointed officials.
Outcome: Understanding and analyzing the appropriate roles and responsibilities that
should be assumed by elected and appointive officials consumed months of the
committee's efforts and generated significant interest from elected and appointed officials
(current and retired) and from members of the public. In the end, the committee
approved this recommendation via unanimous vote.
In a subsequent motion (approved 7-1), the committee agreed that the council and mayor
together should be responsible for hiring and firing the manager.
Finally, the committee augmented the recommendation by unanimously voting to adopt
language in the model charter that clarifies that the council should "determine the rules
governing recruitment, selection, promotion, transfer, demotion, suspension, layoff, and
dismissal of city employees" that will guide personnel decisions.
Specific duties delegated to the mayor and city manager are detailed in the appendix.
(See Appendix III: Structure of Government)
2. The Ashland mayor should vote on all issues before the council; at the same
time, the mayor's veto power should be eliminated.
Background: Article 4, Section 3 of the existing charter stipulates that the mayor of the
city is allowed to vote on issues before the council only in the case of a tie. At the same
time, the mayor is required to approve or veto all measures within five days of passage.
The council is allowed to overturn a mayor's veto via a two-thirds (4 of 6) vote.
Discussion: Proponents of the existing framework argue: 1) that the mayor's non-voting
status better equips him/her to facilitate meetings and provide political leadership; 2) that
the mayor's veto power is an appropriate tool used to force the council to re-evaluate
hasty or ill-considered decisions. and, 3) that veto power conveys more political leverage
than the ability to vote.
4
Conversely, critics state: 1) the mayor's non-voting status clouds the public's
understanding of his /her position on the issues; 2) application of the veto produces
contention instead of consensus; and, 3) that the mayor's ability to cast a vote is a
stronger investment of political power than is contained in the occasional veto.
Outcome: The recommendation was endorsed by the committee on a 6-3 vote. A
subsequent motion that the veto be retained in addition to the mayor's new voting power
failed, 7-2.
If approved, the mayoral vote will eliminate an anomaly in the existing charter. Under
current conditions, the council is allowed to meet if three members plus the mayor are
present. In this circumstance, as few as two council members can constitute a majority.
If the mayor becomes a voting member, at least three votes will be required to approve
any measure.
(See Appendix 111: Structure of Government)
3. The mayor should continue to appoint members of city commissions and
committees, subject to council approval.
Background: Under current practice, the mayor is responsible for appointing members
of city commissions and committee members, subject to council approval.
Discussion: Proponents of the status quo argue that the mayor's appointment powers
allow himlher to appropriately set the political tone and direction of the city. Conversely,
critics claim that this structure concentrates too much power in the hands of mayor; they
argue that the council should be allowed to nominate and approve candidates for
appointment.
Outcome: The committee voted 8-1 in favor of the recommendation, effectively
retaining the status quo. A second motion that would have specifically allowed Planning
Commission members to be proposed and appointed by the mayor and council failed, 7-
1.
(See Appendix Ill: Structure of Government)
4. The current position system for selecting council members should be
eliminated in favor of citywide, at-large elections in which the top three vote
getters win the council seats at issue.
Background: Article 8, Section 2 of the city charter delineates the existing system that
governs selection of city council members. Existing language requires council members
to be elected by position number (one through six); each candidate is required to
5
designate the number of the council seat to which he or she aspires. A candidate may run
for one position in any given election.
Discussion: Proponents of the status quo argue: 1) that the existing system produces
richer debate and greater clarification of issues; 2) that the position system lends stability
to local government by protecting incumbents from political movements that might be
orchestrated to sweep sitting councilors from office; and, 3) that the position system may
allow less-well known candidates to achieve office. Conversely, critics believe: 1) that
the position system can be used to target specific minority candidates; 2) that it
unnecessarily complicates the voting process and stymies a citizen's ability to support the
candidates ofhislher choice; and, 3) that it can allow unchallenged incumbents to avoid
scrutiny.
Outcome: This was among the committee's more contentious recommendations,
approved in a 5-4 vote. Related issues that the committee discussed and dismissed for
lack of interest included changing the number of council members, imposing term limits,
and adopting a ward system for council election.
. .
The committee also discussed the possible adoption of charter language that would
permit or enact an instant voter runoff system in city elections. In the end, the committee
decided not to recommend IRV, citing concerns regarding cost, legality, and insufficient
research. However, the committee did agree to forward to the council excellent
background material prepared on the subject by IRV advocate Pam Vavra and to note the
substantial public input we received endorsing IRV.
(See Appendix IV: Council Election Materials)
5. The city recorder should continue to be elected by the voters. However,
charter language that dictates compensation should be removed;
responsibility for salary issues would be assigned to the Citizens' Budget
Committee.
In addition, the city council should appoint a task force or committee to
study the issues of the city recorder [and municipal judge] in additional
depth.
Background: Article 3 of the current charter describes the recorder as an elected city
officer; section 3 pegs compensation to the 1974-75 level with specified annual
adjustments.
Discussion: Proponents of the status quo argue that election by the voters ensures that
the recorder will remain independent and available to city residents; they note that the
recorder is the only full time city official elected by the citizens. Conversely, critics point
out 1) that most city recorders are now appointed and supervised by councils and
managers; and, 2) that election may not guarantee that the winning candidate has the
6
requisite skills to fulfill the duties of the office. Proponents of the task force argued that
the council should investigate whether the recorder should retain treasurer's duties now
delegated to that office.
Speakers on both sides of the election issue questioned the inclusion of compensation
language in the charter, citing the committee's efforts to remove all specific funding
notations from the document.
Outcome: The committee endorsed the first recommendation unanimously; the task
force endorsement was approved on a 5-4 vote.
(See Appendix V: Election of the City Recorder)
6. The municipal judge should continue to be elected by the voters. However,
charter language that dictates compensation should be removed;
responsibility for salary issues would be assigned to the Citizens' Budget
Committee.
In addition, the city council should appoint a task force or committee to
study the issues of the [city recorder] and municipal judge in additional
depth.
Background: Article 3 of the current charter describes the municipal judge as an elected
city officer; section 3 pegs compensation to the 1974-75 level with specified annual
adjustments.
Discussion: Proponents of the status quo argue that the election process allows voters to
choose a municipal judge who will understand and incorporate local values in his/her
approach to the judiciary. Conversely, critics question whether the current system is cost
effective. Proponents of the task force suggested that the council investigate the level of
judicial saiary, imposition of a residency requirement, and the general powers and duties
of the judge.
As with the recorder, speakers on both sides of the election issue questioned the inclusion
of compensation language in the charter, citing the committee's efforts to remove all
specific funding notations from the document.
Outcome: The committee endorsed the first recommendation unanimously; the task
force endorsement was approved on a 5-4 vote.
(See Appendix VI: Election of the Municipal Judge)
7
7. Members of the Parks and Recreation Commission should continue to be
elected by city voters, and the Parks Department should continue to be
administered as an autonomous entity independent of the rest of city
government. However, existing charter language should be streamlined to
combine the Parks Commission and the Recreation Commission. Finally,
charter language that dictates the department's formula should be removed
from the charter; the Parks and Recreation budget should be determined via
the annual city budget process.
Background: Article 19 of the existing charter (part of the original 1908 document)
establishes the Parks Commission as an elected body of five residents invested with the
control and management of city parkland and accompanying funding. Section 3 grants
the commission independent taxing authority (not to exceed four and one half mills on
the dollar) necessary to support the parks program. Finally, Article 22 specifies that the
Park Commissioners also serve as members of the Recreation Commission.
Over the years, the Park Commission's independent funding stream and elected status
enabled the establishment of an independent Parks and Recreation department within city
government. The Parks Commission hires and fires the department manager, establishes
internal policy and procedures, and reviews the annual budget.
Ballot Measure 50 (1997) effectively eliminated the department's fiscal independence;
Parks and Recreation funding is now established through the Citizens' Budget Committee
process. However, the Department continues to be administered as an independent arm
of city government.
Discussion: Proponents of the existing system argue: 1) that election by the voters
provides powerfu11everage and independence for the Commission; 2) that the
department's autonomy has enabled it to creatively develop and maintain the expansive
system of city parks; and, 3) that the city's park system is intrinsic to the aesthetic and
character of Ashland, and warrants special charter protections.
In turn, critics believe: 1) that the Parks Department is most appropriately administered
under the auspices of the city administrator/manager, which would be consistent with the
committee's recommendations to place all administrative functions under the city
manager; 2) that the autonomy of the department creates inequities among city
employees; 3) that the elected Commission usurps decision making powers that rightfully
belong to the council; 4) that appointment, rather than election, might attract better
qualified candidates for the commission; and, 5) that the existence of an elected
coIhmission no longer provides fiscal protections for the department, given the passage of
Measure 50.
Outcome: The recommendation was approved by a vote of 8-1.
Our decision to remove moribund funding language from the charter was consistent with
our overall attempts to keep the charter free of budget figures. However, the committee
8
acknowledges that Parks funding is integral to its success; we recommend that the
council consider implementing an ordinance that would formalize Parks funding.
(See Appendix VII: Parks and Recreation)
8. The Ashland City Band should be retained in the charter; however, funding
language should be removed and budget issues delegated to the Citizens'
Budget Committee. The committee recommends that the Band be placed
under the authority of the city Parks and Recreation Department.
Background: Article 21 of the current charter requires the council to include in the
annual budget an allocation not to exceed six-tenths (.6) mills on the dollar for the
purpose of a City Band. By tradition (though not function), the Band falls under the
auspices of the city finance director; as a result, the Band often operates quite
independently from city structure.
Discussion: Proponents of the current charter language argue that the City Band will
survive and thrive through the specification of a funding formula embedded in the
charter. Conversely, critics suggest that the charter should never cite specific budget
numbers; instead, funding should be allocated through the annual budget process.
Speakers on both sides of the funding issue agree that the Parks and Recreation
Department is the most appropriate home base for the Band.
Outcome: The recommendation was approved via unanimous vote. In addition, the
Charter Committee notes that preservation of the band's funding is integral to its success;
we recommend that the council consider implementing an ordinance addressing the
band's funding requirements.
(See Appendix VIII: Ashland City Band)
9. Charter language that requires voter approval of all increases in council
salaries should be eliminated; salary levels should be established via a city
ordinance.
Background: Article 3, Section 3 of the current charter requires that changes to the level
of compensation received by elective officers (except for recorder and judge) be
submitted to a vote of the people. Right now, each city council member receives $350
per year and the mayor receives $500; these pay levels have been unchanged since at
least 1976. However, elected officials also receive full medical, vision and dental
benefits and a small life insurance policy that covers themselves and dependents.
Discussion: Proponents argue that the existing system restrains the council from
enacting costly and/or inappropriate pay increases. Conversely, critics of the status quo
9
claim: 1) that salary issues are best delegated via ordinance; and/or, 2) that council
members deserve to be paid for the work that they perform.
Outcome: The committee endorsed the recommendation via a 7-] vote, with one
member abstaining. Discussion that preceded the vote focused on the generous health
benefits package now extended to council members. The committee suggests that
council members consider assuming an insurance co-payment equivalent to that paid by
city employees.
(See Appendix IX: Council Salaries and Benefits)
10. The city council should convene a citizen-based Charter Review Committee
at least every ten years.
Background: The current charter does not address the question of periodic review.
Discussion: Proponents of periodic review argue that a mandatory review process
ensures that the charter remains relevant to the conduct of city affairs; critics question the
necessity for such a requirement.
Outcome: The committee unanimously endorsed the recommendation.
Charter Housekeepin2
As noted earlier, analyses produced by former city attorney Paul Nolte and by consultant
Tom Sponsler highlighted significant sections of the charter containing outdated or
extraneous language, or addressing issues better delegated to a city ordinance. We have
used that input to identify sections of the charter that should be eliminated from inclusion
in the new model charter; these recommendations are detailed in the chart on the
following page.
(See Appendix X: Charter Mark-ups/Model Charters)
Finally, as one of our last actions, the committee attempted to clarify language in Article
16, Section 1 (Public Utilities: Water Works). In response to concerns expressed by City
Attorney Mike Franell, the committee unanimously approved an amendment stipulating
that city water can be sold to businesses located within city limits. Later, we asked the
city attorney to prepare additional wording prohibiting businesses from re-selling that
water as a primary commodity. However, after discussion, the Charter Committee
declined to take further action, agreeing that issues that might be viewed as amending
water policy should be arbitrated by the city council. Mr. Franell's suggested language is
contained in the appendix; the council may wish to initiate a task force or committee to
look at this issue in the coming months.
10
(See Appendix Xl: Suggested Language for Article J 6, Section J)
Items to be changed or eliminated in the charter.
ARTICLE SECTION TITLE ACTION REASON
I 3 Boundaries: 2NLJ Remove State law ORS
sentence ORS 192
OAR 166
III 6 Interest in City Remove ORS 244
Contracts
IV 2 Mayor Modify to Complements
enumerate model charter
powers of section on powers
Mayor. See of manager
Appendix III
item C.
VI 2 Recorder; Powers and Remove Covered by
Duties municipal code
2.08.020
VII 2&3 Elections; Notice & Remove ORS 254
Special
VII 6 Elections; Canvass of Remove ORS 254
Returns
VII 7 Tie Votes Remove ORS 254.575
VIII 5&6 Council; Journal, Remove ORS 192
Proceedings to the
public
IX All Special powers of the Remove "Dillon's Rule"
Council Where express
powers are
granted, only those
powers and those
necessary to carry
out the granted
power are given.
See City of
Corvallis v.Carlile,
10 or 139 (1882)
Broad powers grant
overcomes this
limitation.
XI 1&4 Public Improvements Remove ORS 279
XII All Taxation Remove ORS 294,310
XIII 4 Appointive Officers Remove ORS 244
XIV All Chief of Police Remove Inherent in city
structure. Sec. 2
possible ordinance.
Consider ordinance
to provide for a
member of the
police staff to be
present at council
11
meetings as in
Section 2.
XV 2 Court Remove This has never
been done.
XV 3 Court Remove ORS 138
XV 4 Jury Retain Keep per City
Attorney Mike
Franell
XVI 1 Public utilities Study Clarify language
see Appendix X,
item D.
XVI 2 Torts Remove ORS 30
XVI 3 Existing Ordinances, Remove from ORS 30
Acts, Proceedings line 3 to end
XVI 4 Repeal of previously Remove History of
enacted provisions amendments are
public record
pursuant to public
records laws ORS
192
XVII All Hospital Remove Committee is
except for uncertain what the
Section 1 current relationship
Study is with the hospital
remaining and is hesitant to
sections to remove all
explore current language until
relationship clarified. Leave
with hospital. Section 1 if
language is
accurate after
study.
XVIII All Cemeteries Trust Remove all Create ordinance to
Fund reference to consolidate. Retain
dollars and some reference.
dates.
XX All Airport Retain Language unique
to Ashland.
Next Steps
The conclusion of the Charter Review Committee's work marks the end of the first phase
of charter review2. We are now pleased to pass the torch on to the city council. We
suggest that you consider incorporating the following next steps into your process of
reVIew:
V oter Involvement: As a first priority, the council should launch a voter awareness
campaign designed to provide residents with information on the proposed charter changes
2 See Appendix XII: Summary of Expenses
12
and to establish opportunities for interaction and dialogue. Such a campaign might
include:
. Media articles, interviews, television, radio.
. Mini forum/public hearings, etc.
. Informational events.
. Talks to civic groups.
. Flyers (such as in utility bills, etc.)
Ballot Language: After preliminary review, the council should engage Tom Sponsler,
the city's charter consultant, to prepare draft ballot language for the proposed charter
changes. This can be done either before or after council review of the committee
recommendations.
As part of this process, the council will need to decide if proposed charter revisions
should be presented to voters in one complex ballot measure, or, instead, structured as a
series of single-issue measures that allows voters to pick and choose among options.
Additional Research Committees: Consider establishing task forces or committees to:
1) pursue additional investigation of specific issues, including the roles and
responsibilities of the city recorder and municipal judge; 2) develop city ordinances that
might replace charter language; and, 3) conduct legal review of the draft charter.
Timeline: Develop a timeline for council actions leading to ballot measures, including
conceptual review of recommended changes, draft ballot language, public
forums/hearings, and the selection of an election date.
Finally, please feel free to engage any of us if you need background information,
clarification of our recommendations, or additional insight into our decision rationale.
13
CITY INITIATIVE PETITION
CAPTION: CHARTER AMENDMENT REQUIRES MAJORITY VOTE FOR ELECTED POSITIONS, INSTANT RUNOFF
QUESTION: Shall a provision be added to the Ashland City Charter requiring majority vote and instant runoff voting for
elected positions?
SUMMARY: Current state law and Ashland Charter provisions provide the candidate for elected office receiving the most votes
wins that office even if the candidate does not receive a majority of the votes cast. This provision would amend the Ashland Charter
to provide that a candidate must receive a majority of the votes cast in order to be elected to office and would provide for a ranked
choice of candidates on each ballot so that runoff elections would not be generally required. The City Council could temporarily
suspend the new election provisions for any election in which there are: inadequate equipment and procedures to handle the instant
runoff voting; the City elections would not be conducted by the County elections office; or, the instant runoff provisions would result
in excessive additional election costs to the C. of Ashland.
The People of the City of Ashland hereby amend the Charter of the City of Ashland to read as follows:
ARTICLE VII- Elections shall be amended to add Section 9 to read as follows:
Section 9.
(1) Majority of the vote required for election. No one shall be elected to the offices of mayor, recorder, parks commissioner, council
member, or municipal judge of the City without having received a majority of the votes cast for such office. (2) Instant runoff voting
defined. For purposes of this charter, "instant runoff voting" shall refer to a voting system that, in a single election, allows voters to
rank candidates in order of preference and determines which candidate receives each voter's vote through a process by which the
least popular candidates are eliminated from consideration until two remain. Notwithstanding any language in this charter to the
contrary, once all candidates for an office except two are eliminated from consideration, the candidate with the greater number of
votes shall be the winner. (3) Instant runoff voting to be implemented. The city council shall codify procedures by which instant
runoff voting shall be used to determine the winner of all elections for which a majority of the votes cast is required by Paragraph 1
of this section. The city recorder shall conduct voter and community education to familiarize voters with instant runoff voting. (4)
Council may suspend implementation. The city council may, at its discretion, suspend implementation of this section upon its
determination of one or more of the following: that a) the voting equipment and procedures are not technically ready to handle
instant runoff voting in municipal elections; b) instant runoff voting will preclude the City from consolidating its municipal elections
with the County; c) instant runoff elections will result in excessive additional City election costs. Such suspension shall be for a
sin e election, after which this section shall come back into force unless ain sus ded b an act of the ci council.
CITY OF
ASHLAND
Council Communication
Lithia Lot - Affordable Housing Project Agreement
Meeting Date: December 19, 2006 Primary Staff Contact: Michael Franell /; (I//f.
Department: Legal E-mail: franellm@ashland.or.us.f1
Contributin D partments: Community Development Secondary Staff Contact: Brandon Go timan
Administration E-mail:
goldmanb@ashland.or.us
Estimated Time: 40 minutes
Background:
The City of Ashland and Kendrick Enterprises have been working on the development proposal for the
Lithia Way City owned parking lot since selection of Kendrick Enterprises as the preferred offeror on
August 30th 2005. Kendrick Enterprises was selected as the lead proponent out of four proposals
received by the City Council in response to an RFP issued in February 2005. City Staff was directed to
negotiate with Kendrick Enterprises to address numerous issues raised by the Housing Commission
and City Council and return to Council with a more solidified proposal for consideration.
Negotiation Process:
The City negotiation team consisted of the City Administrator, Interim Director of Community
Development, Housing Program Specialist, and a representative from the City Council and Housing
Commission. Ashland Community Land Trust, one of the original partners in the Kendrick Enterprise
proposal, determined that their organization was not in the position to undertake this project at this
time and therefore ACCESS Inc. became the principal partner regarding the affordable housing
component.
Through the negotiation process a greater understanding of the project finances was obtained through a
revised project pro-forma, an opinion of value on the subject property, and an analysis of the potential
grant funding available.
Throughout the investigation and negotiation process it became evident that should the project go
forward as originally envisioned, a considerable shortfall of funding would have existed. Without an
identified source for the shortfall (approx $250,000- $400,000) it appeared that the project as originally
designed to provide affordable would not have been financially viable without additional subsidy
beyond that which already anticipated through State affordable housing grants (HOME).
In aiming to close this potential funding gap, Kendrick Enterprises and ACCESS Inc. suggested that
the project could be modified in a number of ways to assist in closing the financing gap. Their revised
proposal included the following changes:
L
I) Increase the number of residential units from 10 (originally proposed) to 13, of which three would
rA'
be sold as market rate units (potentially travelers accommodations).
2) Reduce the unit sizes of the residential units to I Bedroom and Studio Units (The original proposal
had some two bedroom units also included.)
3) Shift a portion of the allocation of common areas and parking costs from the affordable housing
component to the commercial development costs as well as a proportional allocation to the market rate
residential units.
4) Extend the lease period for the commercial component from 40 years as proposed to 60 years.
Scope of Project:
Through negotiations with Kendrick Enterprises the City identified a number of substantive issues that
remain as points of consideration which are outlined below:
. The number and type of residential units provided
. The allocation of parking to the various uses and the public
· The period of affordability
. The Bureau of Labor and Industries determination of a public work
. The commercial components reversion period
. Maintenance responsibility for the parking level
. Responsibility for relocation of existing utilities (water, sewer, electric) currently located on site
Number and Type of Units:
One of the primary issues discussed by the Housing Commission and the City Council in reviewing the
original proposal was the income level to be targeted, and the size of the units provided. It was stated
at that time by Council that it was preferred that all units be targeted to low income households earning
less than 60% the Area Median Income (AMI). The original proposal, to provide some units at very
low income, some at low income, and some at moderate income, was revised through the negotiation
process to establish that all affordable units will be exclusively for households earning 60%AMI or
less. This was agreed upon by Kendrick Enterprises and ACCESS Inc. and is part ofthe project as
proposed at this time.
In examining the funding shortfall ACCESS and Kendrick Enterprises proposed the inclusion of some
market rate units to assist in closing the financing gap. As the goal was to provide at least 10 affordable
units the negotiation team determined that the only way to add additional units, and reduce the
development costs of the affordable units, would be to provide small units (less than 500sq.ft.). Staff
determined that as units ofless than 500 sq. ft. are considered .75 ofa unit in Ashland Land Use
Ordinance (ALUO), for thirteen studio units would be calculated at a density of9.75 and therefore
conform to the maximum zoning density.
The Housing Commission and City Council had deliberated at length on the issue of unit size and as
such this reduction in unit size is a substantive change in the original proposal. The original proposal
identified a range of unit sizes including studios, I-bedroom and 2-bedroom units. As the proposal has
changes to be exclusively studios this remains a point for further consideration. The size of the units
r.,
(being less than 500 sq. ft. each) will not likely be attractive to families with children and will instead
predominately serve single individuals and couples. Although this type of housing may be attractive to'
service sector workers within the downtown it is a shift in the potential demographic served by the
proposal.
In the modified proposal, for 10 affordable units and three market rate units, the proceeds from the sale
ofthe market rate units would directly benefit the affordable housing component. The financing gap
previously mentioned previously would be effectively closed by the contribution of 100% of the
proceeds from the sale of market rate condominiums, and the contribution from Kendrick Enterprises
including architectural fees, developer overhead and developer profit. The addition of for-market units
into the proposal simultaneously reduces the pro-rata share ofthe common area and parking for the
affordable housing component as a proportional percentage of each would be attributable to the market
rate units. A mixed income development also has additional advantages as it would eliminate the
potential stigma associated with "low-income" housing development. Both the market and "affordable"
units would have identical floor areas there would be no external distinction between them. In order to
obtain a maximum sale price for any for-purchase units it would be advisable to locate them on the top
floor to add the value of the viewscape to the units. Units offered for sale would be condominiums
distinct from the rest of the facility and would not revert to Ci~y ownership at any time in the future.
Further Kendrick Enterprises has raised the prospect of developing these three units as tourist
accommodations to make the units most marketable.
The reduction in size of units was also proposed to reduce the per-unit cost to thereby help close the
funding gap and to make the development more competitive for HOME funds. The Housing
Commission had originally seen value in providing larger units (one and two bedrooms) but through
this investigative process it appears the cost of development of such units, while maintaining the high
quality design proposed in the Kendrick Project, would increase the per-unit cost above the maximum
typically funded through the State HOME program.
Ultimately the increased density achieved by providing smaller units, from 10 to 13 actual units, raises
the question of whether the three additional units would best serve the community as market rate units
or subsidized affordable units. Obviously the monetary value of the market rate units is precisely their
contribution to the remaining ten affordable units. However, if the City saw a greater community value
in retaining these units as affordable the city could essentially cover the cost oftheir development
($776,651) and additionally provide the $273,349 in anticipated proceeds from their sale (combined
$1,050,000).
Parking:
Parking was also identified by the Housing Commission and City Council as an area of the proposal
that needed further clarification. According to the identified principal funding source for the affordable
housing units (Oregon Housing and Community Services -competitive HOME awards) the lack of
designated parking would raise concerns about the marketability of the affordable units. In discussing
the issue with OHCS representatives, although they can not provide an affirmative minimum number
of parking spaces needed from their perspective, the suggestion of four designated parking spaces
reserved exclusively for affordable housing was well received. Additionally any market rate units
would necessitate one reserved parking space per unit to allow these units to be marketable.
The potential result of the inclusion of reserved affordable housing parking (4 spaces) and reserved
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market rate housing spaces (3 spaces) would leave a remainder of9 spaces within the subsurface
parking lot available to the public. The proposed parking level would contain a total of 16 parking
spaces including a handicap accessible space. Under the proposal seven would be reserved and not
available to the public. The existing parking lot has 13 public spaces and no handicap accessible space,
thus ifthe project goes forward as indicated above, a net four space reduction of on-site "public
parking" would result from the dedication of reserved parking as proposed. It is important to note
however that the reconfiguration of the entrance onto Lithia Way would allow for one-additional on-
street public parking space in addition to those provided on-site within the subsurface structure.
Cumulatively there exists 13 public parking spaces today and the proposal would increase the total
parking provided to 17 with 7 of those spaces being unavailable to the public at large.
Lastly regarding parking it is important to note that engineering and final architectural plans have not
been conducted. One item that relates to this is that the existence of a City Utility Transformer
currently in the south east comer of the property may need to be relocated to accommodate the sites
development. If this is the case a potential site for relocation would be within the parking level. Again
as the details are not provided until a final plan is developed there is the potential that this may reduce
available parking by one space.
Lease Duration Affordable Housing:
We have learned through the negotiation process that the affordable housing component having a
limited lease period of 40 years would make it less competitive for grant funds. Grantors, including the
State of Oregon HOME Program, aim to provide subsidy to projects that provide affordable housing
for the longest period attainable. Thus ACCESS Inc has requested any lease with the City be for a
period of not less than 60 years. The intention of a reversionary period was to allow the City to re-
evaluate the future use of the affordable housing component and apply its use to the most pressing
need at that future date (senior, disabled, people with AIDs, homeless or other target population).
As the City recognizes the need for affordable housing will likely persist it seems reasonable to extend
a lease period to a minimum of 60 years or longer in order to support the provision of affordable
housing for that duration while increasing the competitiveness of an application for affordable housing
grants. ACCESS Inc. has also indicated that a purchase of air-rights by ACCESS Inc. ($1) would
secure permanent affordability and may resolve issues outlined under the Bureau of Labor and
Industries section below.
Regarding the commercial component of the development Kendrick Enterprise requested that the City
Council consider a 60 year lease in lieu of the 40 year period originally identified in the applicant
February 2005 proposal.
The City Council considered the revised proposal at its August 1, 2006, City Council meeting and
voted 4 - 1 to move forward with the project based upon the modified proposal with three additional
stipulations: 1) that travelers accommodations not be allowed, 2)that they consider full time
occupancy as a requirement, and 3) that they consider Councilor Hardesty's suggestion for the
commercial area to revert to Access at the end of the term. Legal staff was then directed to develop a
draft agreement incorporating in the modified proposal and, to the extent feasible, the three additional
stipulations.
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Related City Policies:
Council Options:
Council can approve the draft agreement as proposed.
Council can direct staff to seek to negotiate Council specified modifications to the draft agreement.
Council can reject the proposed agreement and provide staff with direction relating to any further proceedings on this
proposed project.
Staff Recommendation:
Approve the draft agreement as proposed.
Potential Motions:
I move the Council authorize the Mayor to execute the Development Agreement For The
Development Of The City Of Ashland Lithia Parking Lot Affordable Housing Development as
proposed.
Attachments:
Draft Agreement.
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The Draft development
agreement will be delivered on
December 15tt 2006.
If you have any questions
regarding this please contact
either Mike Franell in legal
(552-2105) or Diana Shiplet in
admin. (552-2100.)
DEVELOPMENT AGREEMENT
FOR THE DEVELOPMENT OF THE CITY OF ASHLAND
LITHIA PARKING LOT AFFORDABLE HOUSING DEVELOPMENT
Dated this _ day of
, 2006.
BETWEEN: THE CITY OF ASHLAND, an Oregon Municipal Corporation,
hereinafter "City"
AND: KENDRICK ENTERPRISE, LLC, and Oregon Limited Liability
Company, hereinafter "Kendrick"
AND: ACCESS, Inc, a nonprofit community action agency, hereinafter
"ACCESS".
RECITALS:
1. City owns a parcel of property in its downtown area, Ashland, Jackson
County, Oregon, located on the South side of Lithia Way, between Pioneer
Street and North First Street which is more particularly described in Exhibit
A, attached hereto and hereinafter referred to as the "Property."
2. The Property is currently being used as a public parking lot with surface
parking providing thirteen parking spaces.
3. The City solicited a request for proposals for innovative designs to construct
as many units of affordable housing on the property as feasible while
maintaining at least ten spaces of public parking.
4. Kendrick submitted the successful proposal, which includes sixteen units of
underground parking, one unit of surface, on-street parking, 6000 square feet
of commercial space, ten affordable housing units either studio or one
bedroom design and three market-rate housing units.
5. The Ashland City Council deems it to be in the public's best interest to
stimulate affordable housing opportunities in the downtown area and believes
construction of the contemplated project will promote that goal.
AGREEMENT
The Parties Agree as follows:
DEFINITIONS
The following terms shall have the designated meanings for purposes of this
Agreement:
1. "Affiliate" shall man any entity owned by, controlled by or under common
control with the designated party.
2 "Agreement" shall mean this Disposition and Development Agreement and all
Exhibits hereto.
3 "Completion Date" shall mean the date that the certificate of occupancy for
the final portion of the Project is issued.
4 "Effective Date" shall mean the date upon which this Agreement is executed
by all three parties.
5 "Land" shall mean the property described on Exhibit A.
6 "Mortgagee" shall mean the holder of any Mortgage affecting or encumbering
any portion of the Private Project or leasehold interest under the leases of the
Project or any portion thereof, together with any successor or assignee of such
holder.
7 "Notice" shall mean any summons, citation, order, claim, litigation,
investigation, proceeding, judgment, letter or other communication, written or
oral, issued by the Oregon Department of Environmental Quality, the United
States Environmental Protection Agency, any other federal, state or local
agency or authority or any other governmental agency having jurisdiction with
respect to the Project.
8 "Private Project" shall mean the commercial and residential portions of the
Project to be leased or owned by Kendrick or by Access.
9 "Project" shall mean the entire development; the Land with all improvements
to be constructed thereon as contemplated by this Agreement, including the
Parking Structure, the Affordable Residential Structures, the Market Rate
Residential Structures and the Commercial Structures.
Other capitalized terms used herein shall have the meanings attributed to them
elsewhere herein.
1. CONDITIONS PRECEDENT TO OBLIGATIONS
1.1 Conditions to City's Obligations. City's obligations under this Agreement
are subject to satisfaction, on or before the date identified in Section 1.1
hereof, of the following conditions precedent:
1.1.1
the _ day of
Financing Commitments. Kendrick provides evidence no later that
,200_ of the following financing for the Project that is
satisfactory to City in its reasonable discretion that the funding is available to complete
the Project Consruction:
(a) Documentation from Kendrick's primary lender and/or from the
ACCESS setting forth the terms and conditions upon which it/they will
finance construction of the Project, including information as to the
source of the funds, whether all conditions have been met to obtain
funding from the specified sources and what obligation, if any, will be
placed on the City or on the land in the event the project fails to be
used as proposed; and
(b) Evidence of available equity and/or commitments for the same to fund
the balance of Kendrick's costs for the Project that are not being
financed.
Kendrick and ACCESS shall periodically (at least monthly) update the other parties to
this Agreement on the Status of the financing commitments. Kendrick shall immediately
inform City if it has any reason to believe that it may not be able to commence
construction of the Project within the time periods set forth herein.
1.2 Financing Commitments. Kendrick has received all commitments
necessary, in its sole discretion, to finance and to fund the Project and to
perform its obligations under this Agreement.
1.3 Condition of Land. Kendrick has satisfied itself, in its sole discretion, as
to the condition of the Land and the feasibility ofthe Project To this
regard, City recognizes and agrees that City shall take steps to relocate any
utility lines or laterals located in or on the property which would make it
infeasible to build the Project as proposed..
(a) Within thirty (30) days of the Effective Date, City shall deliver to
Kendrick all materials or information relating to the Land and the
Project that are in City's possession or control, including, but not
limited to (i) topographical, boundary, and other surveys or maps of
the Land, and (ii) all environmental, soils, geotechnical, wetlands,
seismic, and land use reviews, reports, assessments, inspections, and
studies relating to the Land or the Project.
(b) Kendrick, its agents, employees, and independent contractors are
hereby granted the right to enter upon the Land for the purpose of
making or conducting any inspection, investigation, test, or surveys of
the Land, at Kendrick's sole cost and expense, as Kendrick may deem
appropriate to satisfy this condition. Kendrick shall repair any damage
to the Land caused by any such tests or investigations, shall keep the
Land free from liens in connection with such activities, and shall not
unreasonably interfere with City's use of the Land. Kendrick shall
indemnify, defend, and hold City harmless from and against any and
all claims, demands, actions, costs, and expenses that may arise or
result from Kendrick's activities on the Land pursuant to this
paragraph.
(c) City hereby represents and warrants to Kendrick and ACCESS that:
1. City owns fee simple title to the Land which is not subject to any
lien, encumbrance, restriction, or easement of any kind or nature
except the utility lines and laterals for which City has agreed to
locate and except as may be set forth in the Title Report.
2. City has the legal power, right, and authority to enter into this
Agreement and to consummate the transactions contemplated
herein. The individual executing this Agreement on behalf of City
has the legal power, right, and actual authority to bind City to the
terms and conditions of this Agreement.
3. To the best of City's knowledge, there is no pending or threatened
action, suit, proceeding, or investigation before any agency, court,
or other governmental authority which relates to the Land or the
use thereof, including, but not limited to, any pending or
threatened condemnation proceeding.
4. City has received no notice nor is aware of any existing violations
of any federal, state, county, or municipal laws, ordinances, orders,
codes, regulations, or requirements affecting the Land
5. City knows of no default or breach by City under any covenants
that affect the Land or any portion thereof, nor of any condition
that will result in the termination or impairment of access to the
Land or discontinuation of necessary sewer, water, electric, gas,
telephone, or other utilities except the utility lines and laterals for
which City has agreed to locate,.
1.4 Failure of Conditions Precedent. If any of the foregoing conditions
precedent are not satisfied or waived by the party entitled to the condition
within the applicable time period set forth herein, that party shall have the
right, by giving notice to the other party on or before the last day of the
applicable period, to terminate this Agreement. Failure of any party to
notify the other parties and to terminate this Agreement prior to Kendrick
beginning construction on the Project, shall be deemed a waiver of the
conditions. If any party exercises its right to terminate this Agreement in
accordance with this subsection, this Agreement shall terminate as of the
date such notice of termination is given, at which time any documents or
other materials in the possession of the other parties shall be returned to
the owner thereof, whereupon all parties shall be relieved from further
liability hereunder.
2. DEVELOPMENT
2.1 Construction
2.1.1 Parking. Kendrick agrees, subject to the terms and conditions of
this Agreement and in accordance with the schedule prepared as
set forth herein, at Kendrick's labor and cost, to construct an
underground parking structure on the Land which shall contain 16
parking spaces, one of which shall be ADA compliant. The
parking structure shall be constructed in such fashion that it will
serve as a pedestal to support a three story structure on top of it,
which shall contain the commercial, affordable housing and market
rate housing components.
2.1.2 Residential and Commercial. Subject to the terms and conditions
of this Agreement, and subject to ACCESS obtaining the necessary
funding to pay the cost of construction of the Affordable
Residential Units and payment thereof to Kendrick, Kendrick
covenants to complete the construction of three-story structure
above the parking garage in substantial conformance with the
submitted concept plan containing 6000 squar~ feet of commercial
space, ten affordable residential units and three market rate
residential units.
2.1.3 Utility Construction. City represents to Kendrick that, to the best
of City's knowledge, all utilities (water, electricity, gas, sanitary
sewer, storm drain, broadband and telephone) are available to the
Project site. City acknowledges the existence of certain utility
lines and laterals currently existing on or in the land that City
agrees to relocate to facilitate construction of the Project.
Kendrick will be responsible, at Kendrick's cost for connecting all
of Kendrick's improvements to the utility lines and for payment of
all permit and development fees, including but not limited to
building permits, planning review, engineering review fees and
system development charges.
2.2 Plans and Specifications: Waiver of Claims. Kendrick shall be responsible
for preparing and submitting all architectural and engineering drawings,
plans and specifications required to obtain approval of any needed public
infrastructure modifications and connections, planning approval, and
building permits.
2.3 Construction Schedule. Subject to the terms and conditions of this
Agreement, including the Force Majeure provisions set forth in Section
8.2 hereof, Kendrick shall commence construction of the Project
improvements no later than June 30, 2008, but no sooner than
commitment is made for all funds necessary to complete the affordable
housing component of the project. After commencing construction,
Kendrick shall diligently pursue completion of the construction of the
Project. All Project improvements shall be complete no later than two
years following the date of necessary governmental approvals.
2.4 Demolition of the Existing Parking Lot. Kendrick shall not demolish,
remove or substantially alter the existing surface parking lot so as to
render the parking area unusable more than 30 days prior to
commencement of construction on the Project.
2.5 Permits. Kendrick will obtain, at its own cost, all governmental approvals
necessary for the construction of the Project. Each party covenants to use
its diligent, good faith efforts to assist the other party in obtaining the
required permits and approvals. Kendrick acknowledges that assistance
by City in obtain permits in accordance with this section and as a party to
this Agreement does not bind City, in its administrative capacity through
its Community Development Department or other departments to (among
other things) issue said permits, nor does it constitute a representation by
City that necessary permits will be issued by City.
2.6 Safety Matters: Indemnification. Kendrick shall:
2.6.1 Safetv. Take all safety measures necessary to protect the public,
Kendrick's employees, agents contractors, subcontractors,
licensees and invitees and City's employees, agents, contractors,
subcontractors, licensees and invitees from injury or damage by or
resulting from the performance of its construction;
2.6.2 Security. Take all steps reasonably necessary to secure the Project
site to prevent access to the same by the public during the period of
construction.
2.6.3 Liability Claims. Indemnify and hold the City harmless from all
claims, costs, expenses and liabilities arising from the death of or
accident, injury, loss or damage whatsoever caused to any person
or to the property of any person as occurs in the process of the
construction work; and
2.6.4 Indemnity from Liens. Indemnify, defend and hold the City
harmless from and against all mechanic's, materialmen's, and
laborer's liens and all costs, expenses, and liabilities arising from
the construction.
2.7 Liens. The parties agree that in the event any statutory lien shall be filed
during the term of this Agreement against any portion of the Land or the
Project by reason of labor, services, or materials supplied to or at the
request of a party, that party shall pay and discharge the same of record
within thirty (30) days after the filing thereof, subject also to the
provisions of the following sentence. Each party shall have the right to
contest the validity, amount or applicability of any such liens by
appropriate legal proceedings, and so long as it shall furnish bond or
indemnity as hereinafter provided and be prosecuting such contest in good
faith, the requirement that it pay and discharge such items within said
thirty (30) day period shall not be applicable; provided, however, that in
any event, such party shall within thirty (30) days after the filing thereof,
bond in accordance with applicable laws, or in the alternative indemnify
against such liens in amount and form satisfactory to induce the title
insurance company which insured title to the Project to insure over such
liens or to reissue or update its existing policy, binder or commitment
without showing any title exception by reason of such liens and, further,
such party shall indemnify and save harmless the other parties hereto from
all loss, damage, liability, expense or claim whatsoever (including
attorneys' fees and other costs of defending against the foregoing)
resulting from such liens. In the event such legal proceedings shall be
finally concluded (so that no further appeal may be taken) adversely to a
party, that party shall within five (5) days thereafter cause the lien(s) to be
discharged of record.
2.8 Completion of Construction. Receipt of final certificates of occupancy for
each portion of the Project (Parking garage, Commercial Area, Affordable
Residential Units and Market Rate Residential Units) shall, except as
otherwise provided for herein, be conclusive evidence of Kendrick's
satisfactory performance of its obligations under this Agreement to
construct that portion. Issuance of such certificates of occupancy shall
mean (i) that any party acquiring or leasing that portion of the Commercial
Structures or Residential Structures (Affordable or Market Rate) shall not
(because of such purchase or lease) have any obligation under this
Agreement with respect to the construction of the Commercial Structures
and/or Residential Structures, and (ii) that, except for ongoing
construction or other obligations under this Agreement neither City nor
any other party shall thereafter have or be entitled to exercise with respect
to the Commercial Structures and/or Residential Structures any rights or
remedies or controls that it may otherwise have been entitled to exercise
under this Agreement with respect to the construction of the Commercial
Structures and/or Residential Structures or as a result of a default in or
breach of any provision of this Agreement by Kendrick or by any
successors in interest or assigns of Kendrick.
3 CREATION OF PROPERTY AND CONVEYANCE
3.1 Condominium Form of Ownership Prior to Completion. Concurrent with
the development of plans and construction, Kendrick's attorneys will
assist in the creation of a condominium form of ownership by completing
and recording a Declaration and Bylaws, the form of which shall be
agreed to by the parties, subject to modifications required by regulatory
agencies or Mortgagees. Said Declaration shall create the following
condominium units within the Project: (i) one unit for the parking garage,
containing 16 parking spaces; (ii) two commercial units one of which
would consist of 4,500 square of commercial space on the ground floor
and one of which would consist of 1500 square feet of commercial space
on the second floor; (iii) one unit consisting of ten (10) studio or one
bedroom affordable housing units; (iv) three market rate residential units;
and (v) the common areas e.g., elevators, lobbies, stairways, etc., for use
by all units, and limited common elements, all as more particularly
described in the Declaration. The parties agree to take all actions
necessary to finalize and to complete the Declaration and other documents
necessary to create the condominium, including an independent budget,
reserve analysis, association members dues and to record the same as
necessary. All costs associated with the converting the Project to the
condominium form of ownership, including, but not limited to, the costs of
preparing and recording the plat, shall be shared equally by City and
Kendrick; provided, however, that all costs of preparing the Declaration,
the condominium bylaws, and other legal documents shall be the
responsibility of and shall be borne solely by Kendrick.
3.2 Closing. Upon recording of the Declaration and creation of the Affordable
Residential Units, the Market Rate Residential Units and the Commercial
Units, City will convey fee title to the Affordable Residential Units,
together with an undivided interest in the Common Areas, to ACCESS to
be managed as Affordable Housing to be targeted at those earning 60% of
the area median income or less. In the event the Affordable Residential
Units ever cease to be used to provide affordable housing as defined in the
Ashland Municipal Code, ownership ofthe Affordable Residential Units
shall revert to the City. The City will convey fee title to the Market Rate
Residential Units, together with an undivided interest in the Common
Areas, to Kendrick, with a deed restriction that the Units be occupied as
the occupant's principal residence. The City will lease the Commercial
Units to Kendrick for a term of 60 years. Consideration for this lease
agreement is Kendrick constructing, at his cost, the underground parking
garage and the Commercial. Kendrick may sublease the Commercial
Units. Sub leases ofthe Commercial Units towards the end of the sixty-
year term may continue for no more than five years after the end of the
sixty years so long as such leases provide for lease rates which are
comparable to similar commercial space in downtown Ashland and
provision is made for payments to be made to the City, its successors or
assigns for any lease amounts attributable to periods after expiration of the
60 year lease to Kendrick. At the end of the sixty-year lease term, the City
may, at its option, sell the Commercial Units, retain the Commercial Units
for public purpose, lease the Commercial Units or convey ownership of
the Commercial Units to ACCESS to be used in assisting ACCESS with
their purpose of providing affordable housing. Such conveyances and title
to the property shall be subject only to the condominium documents,
exceptions as set forth in this section above and standard Permitted
Exceptions.
3.3 Title Insurance. Survey. Property Taxes and Closing Costs. City shall
provide Kendrick with a 1992 standard ALTA Owner's Policy of Title
Insurance issued by Title Company, insuring good and marketable fee title
to the Market Rate Residential Units as of the date of closing with
coverage in the amount of $1 ,050,000, insuring that title is vested in
Kendrick free and clear of encumbrances except the condominium
documents, the Exceptions set forth in Section 3.2 of this Agreement and
the Permitted Exceptions. Kendrick will be responsible to pay the cost of
the title insurance premium for the title insurance on the Market Rate
Residential Units. Kendrick, at its option, may elect to obtain extended
coverage and additional endorsements under such policy of title insurance,
at its sole cost and expense, and City agrees to execute such documents
that may reasonably be required by the Title Company to enable Kendrick
to obtain such coverage. Kendrick shall pay the cost of preparing a survey
in form suitable to support issuance of an AL T A Owner Extended
Coverage Title Policy, if requested by Kendrick. Recording costs will be
paid by Kendrick. Real property taxes, if any, for the year in which
Closing occurs shall be prorated as of the Closing Date. City and
Kendrick shall each pay (me-half (112) of any escrow fees charged by the
Title Company.
3.4 Amendment to Declaration Following Completion of Construction. If
deemed necessary or advisable by Kendrick following completion by
Kendrick of the Project Construction and issuance of certificates of
occupancy for such improvements, Kendrick and City agree to amend the
Declaration and other condominium documents and to take such other
actions as are necessary to redefine the Affordable Residential Structures,
the Market Rate Residential Structures and the Commercial Structures to
reflect the actual structures constructed therein. All costs associated with
amending the Declaration and other condominium documents shall be
paid for by Kendrick. Both parties shall cooperate in amending the
Declaration in accordance with this section and shall execute any and all
documents reasonably necessary to accomplish the same, including, but
not limited to, an amended Declaration and any deeds necessary to
establish the unit ownerships.
4 CONSIDERATION
The consideration for the Kendrick's acquisition of the rights to construct and acquire
ownership of the Market Rate Residential Units and for Kendrick's right to construct and
lease from the City the Commercial Units for a term of 60 years is twofold and is as
follows:
4.1 In accordance with the terms and conditions of this Agreement, Kendrick
is to pay all engineering, architectural and design costs, application and
permit fees, systems development charges associated with preparation for
construction of the Project and all costs associated with the preparation
and recording of the condominium documents;
4.2 Kendrick is to construct the Parking Garage, the Commercial Structure
and the Market Rate Residential Structures at Kendrick's cost; and
4.3 Kendrick, using funding obtained by ACCESS, shall construct the
Affordable Residential Units.
4.4 Kendrick, or its assigns or successors in interest shall, at his sole costs,
maintain the common areas and the limited common elements for the
Commercial Units and the Market Rate Residential Units of the Project
during the term of the lease to Kendrick of the Commercial Structure.
4.5 ACCESS shall maintain, at its costs, the common areas and limited
common elements allocable to the Affordable Residential Units.
4.6 Kendrick's Default. In the event City determines not to proceed with the
construction of the Project because of Kendrick's failure to perform its
obligations under this Agreement or because of loss of or failure to secure
the financing commitments required by Section 1.2 hereof, Kendrick shall
turn over all permits, construction documents, surveys or other documents
already completed to the City and City shall have no further obligations to
Kendrick.
5 FINANCING.
5.1 Definitions. As used in this Section, the following terms have the
following meanings (and other defined terms shall have the meanings set
forth in the Definitions section of this Agreement) and, where applicable,
shall be interpreted in accordance with generally accepted accounting
principles:
5.1.1 "Additional Financing" means any of the following financing
permitted under this Agreement (other than Construction
Financing, Initial Financing, Equipment Financing, Refinancing or
Sale):
5.1.1.1 Any transaction (other than one permitted under this
Agreement admitting new members to Kendrick or
transfers among members permitted under this Agreement)
encumbering or otherwise creating any interest in all or an
portion of or any interest in ( a) the Proj ect, (b) the
improvements thereon, or (c) Gross Revenues or net cash
flow from the Project; or
5.1.1.2 Any loan or other financing, the proceeds of which are
used to (a) pay for Capital Improvements or (b) generate
proceeds to Kendrick for any purpose, other than any
transfers of individualized interests among Kendrick's
members, secured in whole or in part by an interest in the
Project.
5.1.2 "Capital Improvements" means any modifications, repairs, or
replacements to the Improvements or construction of additions to
the Private Project (including, without limitation, costs oftenant
allowances), (i) occurring subsequent to the Completion Date, (ii)
the cost of which may be capitalized in accordance with generally
accepted accounting principles, and (iii) the cost of which is not
included in the Construction Financing and/or Initial Financing.
5.1.3 "Construction Financing" means the construction loan for the
initial development of the Project secured by Kendrick.
5.1.4 "Debt Service Payments" means all principal and interest, rental
and other sums and amounts paid or payable by Kendrick for or
during the applicable pertinent period to a lender or Mortgagee
under any Construction Financing, Initial Financing, Additional
Financing or Refinancing; provided, however, that in the even of a
foreclosure of any mortgage, leasehold mortgage, or the
conveyance of Kendrick's estate in the Improvements to any
lender by deed in lieu of foreclosure, or in the event of termination
of any lease or sublease arising out of a sale-subleaseback
financing transaction of such estate, the term "Debt Service
Payments" shall included thereafter, for the period in which a
Mortgagee or lender is in possession, all principal and interest,
rental and other sums and amounts which would have become
payable to such Mortgagee or lender pursuant to or in connection
with such mortgage, leasehold mortgage or sale-sublease back
transaction but for such foreclosure, deed in lieu of foreclosure or
lease termination.
5.1.5 "Gross Revenues" means all revenues and funds of any kind
whatsoever derived by Kendrick (and not by any tenant, subtenant
or licensee ofK~ndrick) from the ownership, rental and/or
operation of the Project, including, without limitation, all gross
rental income (including all amounts actually received by Kendrick
as rent from tenants or licensees, including minimum rent and rent
based or dependent on volumes of sales or business transacted)
whether characterized as rent or not; operating contributions and
other payments or reimbursables received from tenants; proceeds
of rental or business interruption insurance (including interest
thereon); all income earned on invested finds (including interest
earned on any reserves); all income from vending machines,
telephones and other sources located in the Project; all refunds,
rebates and recovery of items, if any, previously charged as Project
Expenses or deductions from the Gross Revenues ofthe Project;
refinancing Proceeds; and Sale Proceeds. Prepaid rents, prepaid
paYments and security deposits shall not be included in the Gross
Revenues of the Project until the Fiscal year in which earned,
applied or forfeited.
Gross Revenues shall not include: funds received as capital
contributions; property insurance proceeds (including interest
thereon), except to the extent in excess of the amount applied to
collection and restoration costs or otherwise applied to reduce or
retire debt; and condemnation proceeds (including interest
thereon).
Gross Revenue and Project Expenses may be reported on an
accrual basis by Kendrick or and Affiliate provided that the same
method of reporting is used under the Initial Financing or
Refinancing; with respect to transferees of Kendrick other than
Affiliates, the accrual basis may be used subject to the reasonable
approval of City, and if not used, all calCulations hereunder shall
be on a cash basis notwithstanding any other provision herein to
the contrary.
5.1.6 "Improvements" means the improvements comprising the Project.
5.1.7 "Initial Financing" means permanent financing secured by
Kendrick to payoff the Construction Financing.
5.1.8 "Refinancing" means any financing, other than Additional
Financing or Equipment Financing, by way of a mortgage or by
way ofa sale-leaseback of Kendrick's estate in the Project and the
Improvements thereon, which retires or replaces the Initial
Financing or a prior Refinancing as herein defined, provided that
the same is at then-market rates for such financing.
5.1.9 "Refinancing Proceeds" means all proceeds available to Kendrick
out of any Refinancing with respect to any portion of the Project,
after deduction of (i) amounts paid by Kendrick to discharge
principal, accrued interest and prepaYment charges under any
Financing or any other payment required to be made to discharge
such Financing or any security for the same; (ii) reasonable costs,
fees and expenses payable by Kendrick with respect to the
negotiation, closing and consummation of such Refinancing; and
(iii) the total outstanding Unreturned Capital Contributions at the
time of such Refinancing.
5.1.10 "Sale" means (i) any bona fide total or partial sale, assignment or
transfer (other than a mortgage, lease, or a sale, assignment or
transfer for less than fair market value consideration to any entity
which controls, is controlled by, or is under common control with
Kendrick, or any leases of the residential or commercial units in
the ordinary course of business) of any portion of the Project or
any right or interest therein; or (ii)any bona fide total or partial
sale, assignment, transfer or syndication of any stock or other
ownership interest in Kendrick (other than for admission of new
members or transfers among members of Kendrick as permitted
under this Agreement); or (iii) a condemnation (other than a
condemnation by City) or transfer in lieu of condemnation ofthe
Project or any part thereof or any right to interest in or to the same,
to the extent of proceeds available to Kendrick and not applied to
restoration or required to be paid to a Mortgagee.
5.1.11 "Sale Proceeds" means all proceeds available to Kendrick from the
Sale (including any noncash consideration which shall be deemed
Sale Proceeds at its fair market value) of the Project, or any portion
thereof, after deduction of (i) amounts paid by Kendrick to
discharge principal, accrued interest and prepayment charges under
any Financing (Construction Financing, Initial Financing,
Additional Financing or Refinancing) or any other payment
required to be made to discharge such financing or any security for
the same in connection with such Sale; (ii) reasonable costs, fees
and expenses paid with respect to the negotiation, closing and
consummation of such Sale; and (iii) the total outstanding
Unreturned Capital Contributions at the time of such Sale.
5.1.12 "Unreturned Capital Contributions" means the aggregate initial
and additional capital contributions of all members of Kendrick,
reduced by the total of all distributions to said members from
Refinancing or Sale Proceeds in accordance with Kendrick's
operating agreement.
5.2 Right to Obtain Financing. Kendrick and ACCESS shall have the right to
obtain Construction Financing, Initial Financing, Equipment Financing,
Refinancing or Additional Financing using as security their real property
interests in the Affordable Residential Units, the Market Rate Residential
Units or the lease term in the Commercial Units. Any financing which
uses the lease in the Commercial Units as security must be completely
paid and any security interests in the Commercial Units released prior to
the termination of the 60-year lease term.
5.3 Annual Accounting Statements.
5.3.1 Kendrick shall furnish to City as soon as it is prepared prior to the
end of the first quarter of each Fiscal Year of Kendrick, a detailed
statement of income and expenses ("Accounting Statement") from
the Commercial Units portion of the Private Project prepared by
Kendrick's accountant, setting forth in reasonable detail the
computation of Revenue Payments, if any, for the immediately
preceding Fiscal Year, including a detailed breakdown and
calculation ofUnretumed Capital Contributions, Gross Revenues,
Project Expenses and other relevant categories and such other
information as City shall have specified by notice to Kendrick
prior to such Fiscal Year, as shall be reasonably necessary for City
to maintain an accurate record of the financial viability of the
Project.
5.4 Covenants Running with the Land. The obligations of Kendrick provided
herein in this Agreement shall be covenant's running ~ith the Private
Project for the benefit of City and shall be binding upon and enforceable
by City against Kendrick and all successors in interest in or to the Private
Project, or any portion thereof. The parties agree that this Agreement or a
Memorandum of this Agreement setting forth, among other things, the
obligations contained in this section, shall be recorded in the Jackson
County Records following execution of this Agreement by all parties. The
cost of recording this Agreement or the Memorandum shall be born by
Kendrick.
6 PARKING AGREEMENT. Concurrently with entering into this Agreement, City
Kendrick, and ACCESS shall enter into a separate mutually agreeable Parking
Permit Agreement, whereby City agrees to provide Kendrick, its successors,
lessees, and assigns, and ACCESS, its successors, lessees, and assigns, certain
parking rights in the Parking Garage, to be more particularly described therein.
The Parking Permit Agreement, or a memorandum thereof, shall be recorded by
the parties, the cost of which shall be born by Kendrick.
7 OPERATION OF PROPERTY
7.1 Standard of Operation. The parties acknowledge that their respective
portions of the Project are interrelated and are dependent upon the other
portions of the Project for success. Accordingly, in order to insure the
success of the entire Project, the parties hereby agree the Project shall be
operated as a first-class mixed use development, consistent with the
standard of other similar projects. The failure of one party to maintain the
standards prescribed in this clause does not effect a default or penalty
attributable to the other parties.
7.2 Commercial Tenants. Consistent with the provisions of the preceding
subsection, Kendrick agrees to make every reasonable effort to recruit and
lease the Commercial Structures to tenants which are compatible with the
residential components of this project and with the commercial uses in the
downtown area around the Project.
7.3 Changes in Use. For a period of ten (10) years from and after the date the
certificate of occupancy for Commercial Units is issued, the Commercial
Unit portion of the Private Project shall be uses solely for commercial uses
permitted as outright uses in the City's C-1-D zone. Any change in use of
the Commercial Units during thislO-year period shall require the prior
written consent of City, which may be granted or not in City's sole
discretion. The Market Rate Residential Units shall be used solely for
residential purposes. Subject to the provisions of the immediately
preceding subsection and Section 4 hereof, not)ring contained herein shall
restrict or prevent Kendrick or its assigns from a change in use to a
different commercial use for the applicable portions of the Commercial
Units, so long as such use is permitted outright in the City's C-1-D zone.
8 DEF AUL T: REMEDIES
8.1 Default-Cure.
8.1.1 Default by Kendrick. Kendrick shall be in default if it breaches
any of the provisions of this Agreement, whether by action or
inaction, and such breach shall continue and not be remedied
within sixty (60) days after City shall have given notice specifying
the breach, or in case of a breach which cannot with due diligence
be cured within a period of sixty (60) days, if Kendrick shall not
within such sixty (60) day period commence the cure of the breach
and thereafter diligently prosecute to completion such cure within
a reasonable time after the notice from City. A default shall occur
if Kendrick shall have made any assignment for the benefit of
creditors, or shall have become adjudicated bankrupt, or shall have
had a receiver, trustee or creditor's committee appointed over it.
Kendrick shall not be deemed to be in default hereunder for failure
to pay any tax, assessment, lien or other charge if Kendrick, in
good faith, is contesting the same and, if necessary to avoid
foreclosure, has furnished an appropriate bond or other
undertaking to assure paYment in the event Kendrick's contest is
unsuccessful.
8.1.2 Default by City. A default shall occur if City shall breach any of
the provisions of this Agreement, whether by action or inaction,
and such breach shall continue and not be remedied within sixty
(60) days after Kendrick shall have given notice specifying the
breach, or in the case of a breach which cannot with due diligence
be cured within a period of sixty (60) days, if City shall not within
such sixty (60) day period commence to cure the breach and
thereafter diligently prosecute to completion such cure within a
reasonable time after the notice from Kendrick.
8.1.3 Remedies. In case such action is not taken, or is not commenced
and thereafter diligently pursued, or the default or breach shall not
be cured or remedied within said sixty (60) day period (or, ifthe
default or breach is not curable within said sixty (60) day period,
within a reasonable time), or if the default or breach is of such a
nature that it poses an immediate threat to human health or safety,
the aggrieved party may institute such proceedings as may be
necessary or desirable in its opinion to cure or remedy such default
or breach, including, but not limited to, proceedings to compel
specific performance by the party in default or breach of its
obligations, or taking such actions as are reasonably necessary to
cure the default or breach and collecting the reasonable costs
thereof from the defaulting or breaching party, or pursuing such
other remedies as are available at law or in equity for such default
or breach, subject to rights of Mortgagees under Section 8.5
hereof.
8.1.4 Forfeiture of Develooment Rights. As an alternative to and in lieu
of exercising the remedies available to City upon Kendrick's
default provided for in Section 8.1.3, Cit may elect instead to
declare a forfeiture of Kendrick's rights hereunder as follows:
8.1.4.1 Subject to the notice and cure provisions in Section 8.1.1,
in the event Kendrick fails to commence construction of the
Project within the time period set forth in Section 2.3 and
has not commenced construction of the Project, City shall
have the right, as its sole and exclusive remedy, to
terminate this Agreement by notice to Kendrick,
whereupon Kendrick shall forfeit its rights to develop the
Project. Upon such forfeiture, Kendrick shall deliver and
assign to City all of Kendrick's rights to the architectural
and engineering plans for the applicable portions of the
Project, without cost or liability to City, and shall reconvey
any interest it may have in the applicable portions of the
Project to City.
8.1.4.2 Subject to the notice and cure provisions in Section 8.1.1,
in the event Kendrick fails to commence construction of the
Residential Structures within the time periods set forth in
Section 2.3, but has commenced construction of the
Commercial Structure, City shall have the right, but not the
obligation, as its sole and exclusive remedy, to purchase
from Kendrick all of Kendrick's rights to the Commercial
Structure and all improvements thereto, for the actual costs
(both hard and soft costs) of such improvements less the
amount of any liens or encumbrances against the property
being purchased arising out of and from Kendrick's activity
on the property that City would be subject to, and Kendrick
shall forfeit its rights to develop the Residential Structures.
In the event the parties are unable to agree on the costs for
the Commercial Structure, the matter shall be submitted to
arbitration in accordance with Section 8.3 hereof.
8.1.4.3 Subject to the notice and cure provisions in Section 8.1.1,
in the event Kendrick commences construction of both the
Residential Structures and the Commercial Structure in
accordance with Section 2.3, but fails to complete the same
within two (2) years of all necessary governmental
approvals, City shall have the right, but not the obligation,
as its sole and exclusive remedy, to purchase from
Kendrick all of Kendrick's rights to the incompleted
portion of the Project that extended beyond said two (2)
year period and all improvements thereto, for the actual
costs (both hard and soft costs) for such improvements. In
the event the parties are unable to agree on the costs for
said improvements, the matter shall be submitted to
arbitration in accordance wit Section 8.3 hereof.
8.2 Force Maieure.
8.2.1 Delavs During Arbitration. During the term of this Agreement,
neither City nor Kendrick, as the case may be, nor any successor in
interest, shall be considered in breach of or in default in its
obligations with respect to any obligations created hereunder or
progress in respect thereto, in the event of and for the period of
enforced delay in performance of such obligations due to
arbitration pursuant to Section 8.3 hereof; provided however, that
either party may, at its option, perform any such obligation
pending a resolution of the dispute, without waiving or otherwise
affecting its rights under the dispute resolution process.
8.2.2 Unavoidable Delays. Neither City, nor Kendrick, nor ACCESS, as
the case may be, nor any successor in interest, shall be considered
in breach of or default in its obligations with respect to any
obligations created hereunder or progress in respect thereto, in the
event of enforced delay ("Unavoidable Delay") in the performance
of such obligations due to unforeseeable causes beyond its control
and without its fault or negligence, including, but not limited to,
acts of God or of the public enemy, acts ofthe Government, fires
floods, epidemics, quarantine restrictions, strikes, freight
embargoes, earthquake, explosion, mob violence, riot, inability to
procure or rationing oflabor, equipment, facilities, sources of
energy, materials or supplies (or reasonable substitute materials or
supplies) in the open market, litigation or arbitration involving a
party or others relating to zoning or other governmental action or
inaction pertaining to the Project, malicious mischief,
condemnation, and unusually severe weather or delays of suppliers
or subcontractors due to such causes, or any similar events and/or
occurrences beyond the control of City, or Kendrick; it being the
purpose and intent of this provision that in the event of the
occurrence of any such unavoidable delay, the time or times for
performance of the obligations of City or Kendrick, as the case
may be, shall be extended for the period of the Unavoidable Delay;
provided, that the party seeking the benefit of the provisions of this
section shall, within thirty (30) days after the party becomes aware
of or reasonably should have become aware of the causes of any
such Unavoidable Delay, have first notified the other party thereof
in writing of the cause or causes thereof and the estimated time of
correction. Any action or failure to act by a party pursuant to this
Agreement which is not due to Unavoidable Delay shall not excuse
the performance hereunder by that party.
8.3 Arbitration Provision. Except where this Agreement provides otherwise,
all disputes or questions arising out of this Agreement shall be settled first
by mutually accepted mediation services in Jackson County, by arbitration
in Jackson County, Oregon, in accordance with the then applicable
commercial arbitration rules of the Oregon Arbitration Association, or its
successor, by a single, neutral arbitrator appointed in the manner provided
for in said rules, which arbitrator shall have experience in the
development, operation, and management of mixed use developments and
not a bidder or in any way connected with any portion of the Project, and,
judgment upon the award rendered shall be final and binding on the parties
enforceable by any court having jurisdiction thereof
8.4 Dispute Resolution. Prior to submitting a matter to mediation and
arbitration in accordance with the preceding subsection, the parties shall
first attempt to resolve the dispute informally in accordance with the
section. In the event a dispute arises, the complaining party shall deliver
notice of the matter in dispute to the other party at the address and in the
manner provided for in Section 9.2 hereof. Each party shall thereafter
promptly designate a representative to address the matter, which
representatives shall attempt, in good faith, to resolve the disputed matter.
In the event the designated representatives are unable, despite their good
efforts, to resolve the disputed matter within fifteen (15) days of the initial
notice thereof, then, and in that event, either party may submit the matter
to mediation then arbitration in accordance with the preceding subsection.
8.5 Rights of Mortgagees.
8.5.1 Subordination. City's exercise of its rights under this Agreement
upon Kendrick's default shall always be subject and subordinate to
and be limited by, and shall not defeat, render invalid, or limit in
any way:
(a) The lien of any Mortgage or security interest
for any Financing authorized by this
Agreement secured by any portion of the
Private Project; or
(b) Any lease of any portion of the Private
Project.
8.5.2 Notices to Mortgagees; Right to Cure. Whenever City shall
deliver or make any notice or demand to Kendrick with respect to
any breach or default by Kendrick in its obligations or covenants
under this Agreement, City shall at the same time furnish a copy
thereof to any Mortgagee who has requested in writing that City
furnish it with a copy of such notice or demand.
8.5.2.1 Each such Mortgagee (or, in the case of more than one
Mortgagee electing to cure, the first in priority to so elect
shall be recognized by City) shall have the right, at its
option, to cure or remedy such breach or default or cause te
breach or default to be cured, in the manner provided for
such cure under this Agreement, and City will not terminate
this Agreement or take any action to enforce any claim with
respect to said breach or default until the expiration of the
applicable cure period set forth in Section 8.1.1.
8.5.2.2 lfthe breach or default is one that the Mortgagee cannot
cure until the Mortgagee acquires possession of the
mortgaged property, City shall take no action to effect a
termination of this Agreement without first giving the
Mortgagee a reasonable time after receipt of the Notice of
breach or default within which either (a) to obtain
possession of the mortgaged property (including possession
by a receiver), or (b) to institute, prosecute, and complete
foreclosure proceedings or otherwise to acquire Kendrick's
interest under this Agreement with diligence. Upon
obtaining possession of the mortgaged property or
otherwise acquiring Kendrick's interest under this
Agreement, the Mortgagee shall be required promptly to
cure all defaults then reasonably curable by the Mortgagee,
including, without limitation, the payment of other charges
pertaining to the period prior to the date of the Mortgagee's
possession or acquisition of Kendrick's interest. Prior to
completion of any foreclosure or other acquisition, the
Mortgagee may elect to return possession of the mortgaged
property to Kendrick or discontinue any foreclosure
proceedings then in progress. No provision of this
Agreement shall be interpreted as an obligation on the part
of the Mortgagee to commence or to continue any action to
obtain possession of the mortgaged property or acquire
Kendrick's interest under this Agreement.
8.5.3 No Mortgagee Obligation to Construct. Notwithstanding any other
provision of this Agreement, including, but not limited to, any
covenants running with the Private Project, any Mortgagee,
including any such Mortgagee who obtains title to the Private
Project or ay portion thereof, shall not in any way be obligated by
the provisions of this Agreement to construct or to complete the
Private Project or to guarantee such construction or completion
thereof; provided, however, that any third party which thereafter
obtains title to the Private Project or any interest in the leases from
or through such Mortgagee or any purchaser at a foreclosure sale,
other than such Mortgagee, shall be obligated to develop or
complete and to guarantee such construction or completion in a
manner consistent with Kendrick's obligations hereunder. Nothing
in this section or any other section or provision of this Agreement
shall be deemed or construed to permit or authorized any such
Mortgagee to devote any portion of the Private Project or its
interest in the leases to any use, or to construct any improvements
thereof, other than those uses or improvements required or
permitted under this Agreement.
8.5.4 Mortgagee's Rights as to Kendrick Preserved. In the event of a
default by Kendrick under this Agreement or under any loan
agreement with a Mortgagee described above, the Mortgagee may,
so long as it cures any default under the Agreement as permitted
above, exercise such rights as the Mortgagee may have against
Kendrick, including the right to take possession of the mortgaged
property and exercise Kendrick's rights and perform Kendrick's
obligations under the Agreement (including, but not limited to,
Kendrick's leasing, operation, and management obligations),
foreclose Kendrick's interest in the mortgaged property and the
Agreement as permitted by law, and reassign or sell Kendrick's
interest in the Agreement. Notwithstanding any other provision of
this Agreement, City will not unreasonably withhold approval of
such assignment or sale to third parties where the transferee
assumes Kendrick's obligations under the Agreement. Any transfer
of Kendrick's interest in this Agreement or the mortgaged property
to the Mortgagee or a transferee, shall include all land use
approvals, parking entitlements and other entitlements, if any,
associated with the portion of the mortgaged property so
transferred.
8.5.5 Release of Mortgagee. If a Mortgagee acquires Kendrick's interest
in the Agreement or the mortgaged property or otherwise
forecloses on such interest, and such interest is assigned to a
transferee approved by City as provided above, the Mortgagee
shall be automatically released from all liability for the
performance or observance of the terms of the Agreement from
and after the date of such assignment, so long as the approved
transferee assumes the Agreement in a form reasonably acceptable
to City.
8.5.6 Amendments Requested by Mortgagees. City agrees to execute
amendments to this Agreement or separate agreements from time
to time to the extent reasonably requested by a Mortgagee
proposing to make Kendrick a loan secured by the Private Project
or a portion thereof, provided that such proposed amendments or
other agreements do not materially and adversely affect the rights
of City or its interest in the Project. All expenses incurred by City
in connection with any such amendment shall be paid by Kendrick.
8.5.7 City Statement of Defaults: Estoppel Certificates. The Mortgagees
shall have the right at any time after a default by Kendrick under
this Agreement to obtain from City a written statement of all
events of default under this Agreement then known to City. City
will also cooperate with Kendrick in executing an agreement
substantially in accordance with this Section and executing any
estoppel certificates, acknowledgments, or similar documents
reasonably required by Kendrick and the Mortgagee(s) in
connection with any financing permitted by this Agreement.
8.5.8 No Liabilities to City. Neither this Agreement, the loan
instruments with the Mortgagee(s), any assignment of the
Agreement or mortgaged property as security, nor any action taken
under such instruments, shall be construed as giving rise to any
duty, obligations, or liability on the part of the Mortgagee to City.
8.5.9 No Cancellation of Agreement. There shall be no cancellation,
termination, surrender, or modification of the Agreement by joint
action of City and Kendrick without the prior written consent of all
Mortgagees, and any such cancellation, termination, surrender or
modification shall be null and void and of no effect in the absence
of such written consent.
8.5.10 Notice of Arbitration. Each Mortgagee shall be given notice of
any arbitrations by the parties to the Agreement and a copy of any
award or decision made in the proceeding.
9 MISCELLANEOUS PROVISIONS
9.1 Notice. A notice or communication under this Agreement by either party
to the other, or to any Mortgagee, shall be delivered by registered or
certified mail, postage prepaid, return receipt requested, addressed as
follows:
In the case of a notice or communication to Kendrick:
24 Crocker Street
Ashland, OR 97520
In the case of a notice or communication to ACCESS
CEO
ACCESS, INC.
PO Box 4666
Medford, OR 97501
In the case of a notice or communication to City:
City of Ashland
City Administrator
20 E. Main Street
Ashland, OR 97520
With a copy to :
City of Ashland
City Attorney
20 E. Main Street
Ashland, OR 97520
Or addressed in such other way with respect to a party as that party may,
from time to time, designate in writing dispatched as provided in this
section.
9.2 Merger. None of the provisions of this Agreement are intended to or shall
be merged by reason of any deed transferring title to the Residential Units
from City to Kendrick or any successor in interest, and the same shall
continue and survive following closing, and any such deed shall not be
deemed to affect or impair the provisions and covenants of this
Agreement, but shall be deemed made pursuant to this Agreement.
9.3 Captions. Any titles of the sections of this Agreement are inserted for
convenience of reference only and shall be disregarded in construing or
interpreting any of its provisions.
9.4 Counterparts. This Agreement is executed in counterparts, each of which
shall be deemed to be an original, and such counterparts shall constitute
one and the same instrument.
9.5 Waivers. No waiver made by either party with respect to the performance,
or manner or time thereof, of any obligation of the other party or any
condition inuring to its benefit under this Agreement shall be considered a
waiver of any other rights of the party making the waiver. No waiver by
City or Kendrick of any provision of this Agreement or any breach
thereof, shall be of any force or effect unless iri writing, and no such
waiver shall be construed to be a continuing waiver.
9.6 Attorneys' Fees. In the event of a suit, action, arbitration, or other
proceeding of any nature whatsoever, including, without limitation, any
proceeding under U.s. Bankruptcy Code, is instituted to interpret or
enforce any provision of this Agreement, or with respect to any dispute
relating to this Agreement, including, without limitation, any action in
which a declaration of rights is sought or an action for rescission, the
prevailing party shall be entitled to recover from the losing party its
reasonable attorneys', paralegals, accountants', and other experts, fees and
all other fees, costs and expenses actually incurred and reasonably
necessary in connection therewith, as determined by the judge or arbitrator
at trial or arbitration, as the case may be, or on any appeal or review, in
addition to all other amounts provided by law. This provision shall cover
costs and attorney fees related to or with respect to proceedings in Federal
Bankruptcy Courts, including those related to issues unique to bankruptcy
law.
9.7 Time of the Essence. Time is of the essence of this Agreement.
9.8 Choice of Law. This Agreement shall be interpreted under the laws of the
State of Oregon.
9.9 Calculation of Time. All periods of time referred to herein shall include
Saturdays, Sundays, and legal holidays in the State of Oregon, except that
if the last day of any period falls on any Saturday, Sunday or such holiday,
the period shall be extended to include the next day which is not a
Saturday, Sunday or such a holiday.
9.10 Construction. In construing this Agreement, singular pronouns shall be
taken to mean and include the plural and the masculine pronoun shall be
taken to mean and to include the feminine and the neuter, as the context
may reqUIre.
9.11 Severabilitv. If any clause, sentence or any other portion ofthe terms and
conditions of this Agreement becomes illegal, null or void for any reason,
the remaining portions will remain in full force and effect to the fullest
extent permitted by law.
9.12 Entire Agreement. This Agreement and the attachments hereto are the
entire agreement between the Parties relating to the subject matter in this
Agreement. There are no other oral or written agreements between the
parties with regard to this subject matter. There are no oral or written
representations made by either party, implied or express, other than those
contained in this Agreement.
9.13 Modification. Any modifications to this Agreement shall be made in
writing executed by both parties. The parties recognize that circumstances
may change and that it may be in the interest of both parties that the
Construction Schedule or other provisions hereof be amended from time to
time. For this reason, each of the parties will consider changes which may
be proposed by the other during the term of this Agreement.
9.14 Successors and Assigns. During the development stage of plans and
project approvals, Kendrick may assign to another entity in which
Kendrick will remain the managing member, subject to approval by City
upon a reasonable determination the new entity is sufficiently capitalized
to meet Kendrick's obligations and responsibilities under this Agreement.
After this first assignment neither party shall assign any or all of its rights
under this Agreement without the prior written consent of the other party,
which consent shall not be unreasonably withheld. City agrees that it will
not withhold its consent to an assignment by Kendrick if the assignee can
demonstrate that it has the financial resources and experience reasonably
necessary to carry out the obligations of Kendrick under this Agreement.
If City shall fail to respond to a request to any assignment within fifteen
(15) business days from a written request therefore from Kendrick and
receipt of evidence of the financial resources and experience of the
proposed assignee, Kendrick shall send notice to City of City's failure to
respond to the earlier request. If City shall fail to respond within seventy-
two (72) hours of the second notice, City shall be deemed to have
consented to such request.
9.15 Binding Effect. Subject to the provisions of the immediately preceding
subsection, the benefits conferred by this Agreement and the obligations
assumed thereunder, shall inure to the benefit of and bind the successors
and assigns of the parties hereto, including any mortgagee permitted by
this Agreement. The obligations of City and Kendrick, and their remedies
for breach thereof, shall be covenants and conditions running with the
land.
9.16 Place of Enforcement. Any action or suit to enforce or construe any
provision of this Agreement by any party shall be brought in the Circuit
Court of the State of Oregon for Jackson County, or the United States
District Court for the District of Oregon, Medford, Oregon branch.
9.17 No Partnership. Neither anything contained in this Agreement nor any acts
of the parties to this Agreement shall be deemed or construed by the
parties, or by any third person, to create the relationship of principal and
agent, or of partnership, or of joint venture, or any association between
any of the parties.
9.18 No Third Party Beneficiaries. The parties intend that the rights, obligations
and covenants in this Agreement and the deed shall be exclusively
enforceable by City and Kendrick. There are no third beneficiaries to this
Agreement.
9.19 Exclusive Remedies. The rights and remedies expressly afforded under the
provisions of this Agreement shall not be deemed exclusive, except where
otherwise indicated, and shall be in addition to and cumulative with any
and all rights otherwise available at law or in equity, and the exercise by
either party of anyone or more of such remedies shall not preclude the
exercise by it, at the same or different times, of any other such remedies
for the same default or breach or any of its remedies for any other default
or breach by the other party.
9.20 Nonwaiver of Government Rights. Subject to the terms and conditions of
this Agreement, by making this Agreement and delivery of the deeds, City
is specifically not obligating itself or any other agency with respect to any
action relating to development or operation of the improvements to be
constructed on the Land, including, but not limited to, rezoning, variances,
environmental clearances or any other governmental agency approvals
which are or may be required, except as expressly set forth herein.
9.21 Approvals. Where approval or consent of City is required, City will
approve or disapprove within fifteen (15) business days after receipt of the
material to be approved, except where a longer or shorter time period is
specifically provided to the contrary in this Agreement. If City shall fail to
respond to Kendrick within such fifteen (15) day period, Kendrick shall
send a notice to City of City's failure to respond. Failure by City to
respond and approve or disapprove within seventy-two (72) hours of the
second notice, shall be deemed an approval. Any disapproval shall state in
writing the reasons for such disapproval. Approvals will not be
unreasonably withheld, except where rights of approval are reserved to
City's sole discretion. Kendrick, upon receipt of such disapproval, may
revise such disapproved portions in a manner responsive to the stated
reasons for disapproval and resubmit the same to City within forty-five
(45) days after receipt of the notice of disapproval or, unless such
disapproval is within the sole discretion of City, submit the matter to
arbitration pursuant to Section 8.3.
9.22 Estoppel Certificates. City and Kendrick shall at any time and from time
to time, within thirty (30) days after written request by the other, execute,
acknowledge and deliver to the party which has requested the same or to
any prospective mortgagee, assignee or subtenant designated by Kendrick,
a certificate stating that (i) the Agreement Is in full force and effect and
has not been modified, supplemented or amended in any way, and if there
have been modifications, the Agreement is in full force and effect as
modified, identifying such modification agreement; and if the Agreement
is not in force and effect, the certificate shall so state; (ii) the dates on
which the term of this Agreement commenced and will terminate; (iii) all
conditions under the Agreement to be performed by City or Kendrick, as
the case may be, have been satisfied and, as of the date of such certificate,
there are no existing defenses or offsets which City or Kendrick, as the
case may be, has against the enforcement of the Agreement by the other
party, or, if such conditions have not been satisfied or ifthere are any
defenses or offsets, the certificate shall so state. The party to whom any
such certificate shall be issued may rely on the matters therein set forth
and thereafter the party issuing the same shall be estopped from denying
the veracity or accuracy of the same.
9.23 Good Faith and Reasonableness. The parties intend that the obligations of
good faith and fair dealing apply to this Agreement generally and that no
negative inferences be drawn by the absence of an explicit obligation to be
reasonable in any portion of this Agreement. The obligation to be
reasonable shall only be negated if arbitrariness is clearly and explicitly
permitted as to the specific item in question, such as in the case of a party
being given "sole discretion" or being allowed to make a decision in its
"sole judgment. "
9.24 Statutory Disclosure. THIS INSTRUMENT WILL NOT ALLOW USE
OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN
VIOLATION OF APPLICABLE LAND IJSE LA WS AND5REGULATIONS. 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.
CITY OF ASHLAND
John W Morrison, Mayor
Barbara Christensen, City Recorder
KENDRICK
By:
Name:
Title:
ACCESS, INC.
By:
Name:
Title:
CITY OF
ASHLAND
Council Communication
An Appeal of Planning Action 2006-01294 - Request for a Conditional Use
Permit to convert thirty existing apartments to thirty condominium units for the
property located at 719 Park St. .
Meeting Date:
Department:
Approval:
December 5';42006
Planning
Martha Bennett
Primary Staff Contact: Bill Molnar, 552-2001.
molnarb@ashland.or.us '-, 1;; V'-
Secondary Staff Contact: Amy Anderson
Time Estimate: 1 hour
Statement:
The Planning Commission approved the Planning Action with conditions on September 12,
2006, and the decision was subsequently appealed. The public hearing is scheduled for the
December 5., 2006 Council meeting. The item is time sensitive because the 120-day limit
expired in late November 2006. Ideally, the hearing would be completed and a decision made at
the December 5,2006 meeting. This would allow preparation of the findings for the December
19,2006.
Staff Recommendation:
. The Planning Commission approved the request for a Conditional Use Permit. Staff supports the
decision of the Planning Commission as stated in the findings.
Background:
On July 7,2006, Urban Development Services LLC filed the application for a Conditional Use
Permit to convert thirty apartment units for the property located at 719 Park St. On July 19, 2006
the application was deemed complete. The application was administratively approved on July
19, 2006, and subsequently a public hearing was requested. The application was scheduled for a
public hearing and reviewed by the Planning Commission on September 12, 2006. The Planning
Commission deliberated and approved the request for a Conditional Use Permit at the September
12, 2006 meeting, and the findings were reviewed and approved at the October 10, 2006
Planning Commission meeting.
A timely appeal was filed by Philip C. Lang and Art Bullock on October 31, 2006. The appeal
request identifies "livability" as the issue which is the grounds for the appeal, and this item is
discussed below.
1
,.,
CITY OF
ASHLAND
Livabilitv
The appeal request identifies the issue of "livability" as the grounds for the appeal and does not
provide any further explanation. Staff questions whether the notice of land use appeal meets the
minimum threshold established for land use appeals. The Ashland Municipal Code states that the
land use appeal shall include the specific grounds for which the decision should be reversed or
modified, based on the applicable criteria or procedural irregularity. No specific adverse
material effect on the surrounding area has been identified in the land use appeal. Consequently,
it is difficult to address this relatively broad statement, but Staff assumes the reference is to
section C of the Conditional Use Permit approval criteria. The Conditional Use Permit approval
criteria from 18.104.050 are listed below.
A. That the use would be in conformance with all standards within the zoning district in
which the use is proposed to be located, and in conformance with relevant
Comprehensive plan policies that are not implemented by any City, State, or Federal
law or program.
B. That adequate capacity of City facilities for water, sewer, paved access to and
through the development, electricity, urban storm drainage, and adequate
transportation can and will be provided to and through the subject property.
C That the conditional use will have no greater adverse material effect on the
livability of the impact area when compared to the development of the subject lot
with the target use of the zone. When evaluating the effect of the proposed use on
the impact area, the following factors of livability of the impact area shall be
considered in relation to the target use of the zone:
1. Similarity in scale, bulk, and coverage.
2. Generation of traffic and effects on surrounding streets. Increases in
pedestrian, bicycle, and mass transit use are considered beneficial regardless of
capacity of facilities.
3. Architectural compatibility with the impact area.
4. Air quality, including the generation of dust, odors, or other environmental
pollutants.
5. Generation of noise, light, and glare.
6. The development of adjacent properties as envisioned in the Comprehensive
Plan.
7. Other factorsfound to be relevant by the Hearing Authority for review of the
proposed use. (emphasis added)
The Conditional Use Permit criteria require that the proposed use will not have a greater adverse
material effect on the livability of the surrounding area when compared to the target use of the
property according to seven factors. The City Council as the hearing authority is required to
make an assessment as to whether the conversion of the complex from rental to condominium
units will have a material effect on the surrounding area for each of the seven factors. If the
Council believes there will be a material affect on the livability of the surrounding area, than the
2
r~'
Council must decide if the condominium conversion will produce a greater adverse material
effect on the livability of the surrounding area.
CITY OF
ASHLAND
In Staffs original evaluation of the proposal, it did not appear that the conversion of the units
from rental units to condominium units would change the impacts from the use of the site on the
neighborhood. The applicant has not proposed any alterations to the building which would affect
the existing scale, bulk or coverage. Additionally, no changes are proposed to the existing
building which would affect the architecturally compatibility. Given the size and number of the
units will remain the same, the generation of traffic will not change. Similarly, air quality issues
and generation of noise, light and glare should not be different because the unit ownership is
changing.
Council Options:
The Council may approve, approve with modifications and conditions, or deny the application.
Potential Motions:
Move to approve the application PA 2006-01294 for a Conditional Use Permit to convert thirty
apartment units to thirty condominium units for the property located at 719 Park St. with the
conditions of approval attached by the Planning Commission as stated in the Findings and Orders
dated September 12, 2006.
Move to approve the application PA 2006-01294 for a Conditional Use Permit to convert thirty
apartment units to thirty condominium units for the property located at 719 Park St. with
modified conditions of approval.
Move to deny the application P A 2006-01294 as submitted.
Attachments:
Record of Planning Action 2006-01294, 719 Park St.
3
,.,
CITY OF
-ASHLAND
RECORD FOR PLANNING ACTION 2006-00078
PLANNING ACTION: 2006-01294
SUBJECT PROPERTY: 719 PARK STREET
OWNER/APPLICANT: Park Street Apartments, LLC / Urban Development Services, LLC
DESCRIPTION: Request for a Conditional Use Permit to convert thirty (30) existing apartments to
thirty (30) condominium units for the property located at 719 Park Street. COMPRHENSIVE PLAN
DESIGN A TlON: Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP: 39 1E 15AA; TAX LOT:
5200
OWNER/APPLICANT: Park Street Apartments, LLC / Urban Development Services, LLC
Date
10-31-2006
11-15-2006
10-17-2006
9-12-2006
9-12-2006
9-7-2006
8-23-2006
8-8-2006
7-28-2006
7-28-2006
7-27-2006
7-25-2006
7-21-2006
7-19-2006
7-7-2006
Item
Notice of Land Use Appeal submitted by Philip Lang & Art Bullock
Public notice & criteria, mailing list, newspaper publication
Findings, Conclusions and Orders for PA2006-01294 dated 9-12-2006
Planning Commission Minutes
Planning Department Staff Report
Submittal from Davis, Hearn, Saladoff & Smith, applicant's attorney
Public notice & criteria, mailing list, affidavit, "newspaper publication
Hearings Board Minutes
Letter from Philip Lang adding to call-up letter of 7-21-2006
Letter from Bill Molnar, Interim Director to Philip Lang
Letter and attachments from Urban Development Services, applicant's
representative
Notice of neighborhood meeting submitted by Urban Development Services
Letter from Philip Lang requesting public hearing
Public notice & criteria, mailing list, affidavit, newspaper publication
Applilcant's findings and application
Paae #
1,-4
5-10
11-15
16-18
19-24B
25-32
33-39
40
41
42
43-45
46
47
48-54
55-68
Notice of Land Use Appeal
Ashland Munici al Code 18.108.110 .A.2
A. Name(s) of Person Filing Appeal: B. Address(es):
1.
2.
C. Planning Commission Decision Being Appealed
~~~t:: JJj~~~1 Tite:' :,nn!p action:
D. How Person(s) Filing Appeal Qualifies as a Party
For each erson listed above in Box A, h ck a
The person named in I am the applicant.
Box A. 1 . above ~ participated in the pub. hearing before the planning
qualifies as a party mmission, either orally or in writing.
because: 'l@ I was entitled to receive notice of the action but did not receive
notice due to error.
I am the applicant.
'l@ participated in the public hearing before the planning
commission, either orally or in writing.
'l@ I was entitled to receive notice of the action but did not receive
notice due to error.
Attach additional pages if others have joined in the appeal and describe how each qualifies as
a a .
The person named in
Box A.2. above
qualifies as a party
because:
E. Specific Grounds for Appeal
1. The first specific ground for which the decision should be reversed or modified is (attach
additional pages if necessary): L 'U~ ,Lefl! .:I..5~u(
This is an error because the applicable criteria or procedure in the Ashland Municipal Code
~ Jr., D4, DSOt.-or other law in'l L _ . requires that
altach additional a es if necessa L, vM, Lt rt 9 ~~ ~ ~
2. The second specific ground for which the decision should be reversed or modified is
(attachad1lr.esneTs): A-U- NOUO. WoUiV)1 ~
This is an eJ ~~u~ the applicable criteria or procedure in the Ashland Municipal Code
~ or other law in ~ requires that
attach additional a es if necessa
3. The third specific ground for which the decision should be reversed or modified is (attach
additional pages if necessary):
This is an error because the applicable criteria or procedure in the Ashland Municipal Code
~ or other law in ~ requires that
(attach additional pages if necessary):
I
4. (On attached pages, list other grounds, in a manner similar to the above, that exist. For
each ground list the applicable criteria or procedures in the Ashland Municipal Code or other
law that were violated.
Appeal Fee
With this notice of appeall(we) submit the sum of $ 286.00 which is the appeal fee required
by ~ 18.108.11 a.A of the Ashland Municipal Code.
Date: /o( ~, /Ob
peal (attach additional pages if necessary):
Note: This completed Notice of Land Use Appeal together with the appeal fee must be filed
with the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520, telephone
541-488-6002, prior to the effective date of the decision sought to be reviewed. Effective
dates of decisions are set forth in Ashland Munici al Code Section 18. 108.070.
:z
RUTH M. MILLER
PlULIP C. LANG. LC&W
758 5 0Lrcet · Ashland. Ore8on 975'20
Residence ')41 · 48'2-8659
Oflicc/Fti)( ')41 · 48'2-5387
October 31, 2006
To: City Administrator
Re.: PA-2006-01294
Subj.: Appeal
This planning action was heard on 9/12/06. Findings were mailed on
10/17/06.
P~ilip C. Lang and Art Bullock both testified at the hearing against
approval. They are jointly requesting an appeal within the 15 day
appeal period set forth by ordinance. The appeal is being lodged
with the City Administrator, as required by ordinance.
The basis for the appeal is the issue of "livability" (18.104.050. C.)
not sufficiently examined by the Commission, plus other issues raised
at the hearing. Since this is a de novo hearing other questions and
appeal ;'points may be raised.
hand delivered on October 31, 2006,
the office of the City Administrator.
PHILIP C. LANG
J
.--u _ . CITY OF ASHLAND
~~eived from r ril9-Ln f\ <r .
. F\frQQ\
Account Numbe Amount
92447
Datal 0- 3 \ .~ ()\o
Cash 0
Check dA' ~(p~'
. Account~umt5 Amount
J-lD I d. \ . I ::::::::::::::::
By
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Planning Department, 51 Wir( I Way, Ashland, Oregon 97520
541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900
r
l
CITY OF
ASHLAND
PLANNING ACTION: #2006-01294
SUBJECT PROPERTY: 719 Park Street
OWNER/APPLICANT: Park Street Apartments, LLC/Urban Development Services, LLC
DESCRIPTION: Request for a Conditional Use Permit tq convert thirty (30) existing apartments to
thirty (30) condominium units for the property located at 719 Park St. COMPREHENSIVE PLAN
DESIGNATION: Multi-Family Residential; ZONING: R-2-P; ASSESSOR'S MAP # 391E 15AA; TAX LOT:
5200.
APPLICANT: Park Street Apartments LLC/Urban Development Services LLC
ASHLAND CITY COUNCIL MEETING: December 5, 2006, 7:00 PM, Ashland Civic Center
given that a PUBLIC HEARING
OUNCIL on meeting dateshOW!'1
USE OR()INANCE will be held before the
. 1175 East Main Street, Ashland, Oregon.
attaChed to this noti<:e.
nt$pecificity to afford th
at issue. Fa
plicant to raise
respond to the issue.. precludes an
to raise an objectionoonceroiti. pplication,
tl:>respood to the issue. pre Lir right of
. nthe obJection is basedonals your right
tiillating to proposed conditions of aptitl:lval With sufficient
cir'CLiit cOurt.
documents and evidence
if requested. A copy of t
Elsted, All materials are a\l
Oregon 9754!0.
appli~nt and applicable criteria are available for
be available for inspection 'Seven days priOl'toth
d Planning Department, CommunitY Devel<>piTle
ost and will be
be provided at
g Services, 51
in attendance conceming this request
Ie criteria. unlflSs there is a CQntinuan
;;ltlesst seven daysaftetlh
Chai have the right
a pa ant 50 requests
ct, i special
00). Notification 72 h
35.102.-35.104 ADA Title I).
ihthls meeting, please contact the CitYAdrhini5trator's office
nablethe City to make reasonable.arrangements to
5
G. \cornm.dev\planning\Notices Mailed\2006\2006-0 1294 Council AppeaLdoc
CONDITIONAL USE PER~~
18.104.050 Approval Criteria
,
,
.
A conditional use permit shall be granted if the approval authority finds that the proposed use conforms, or can
be made to conform through the imposition of conditions, with the following approval criteria.
A. That the use would be in conformance with all standards within the zoning district in which the use is proposed
to be located~ and in conformance with relevant Comprehensive plan policies that are not implemented by any
City, State, or Federal law or program.
B. That adequate capacity of City facilities for water, sewer, paved access to and through the development,
electricity, urban storm drainage, and adequate transportation can and will be provided to and through the
subject property.
.C. That the conditional use will have no greater adverse material effect on the livability of the impact area when
compared to the development of the subject lot with the target use of the zone. When evaluating the effect of the
proposed use on the impact area, the following factors of livability of the impact area shall be considered in
relation to the target use of the zone:
1. Similarity in scale, bulk, and coverage.
2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use
are considered beneficial regardless of capacity of facilities.
3. Architectural compatibility with the impact area.
4. Air quality, including the generation of dust, odors, or other environmental pollutants.
5. Generation of noise, light, and glare.
6. The development of adjacent properties as envisioned in the Comprehensive Plan.
7. Other factors found to be relevant by the Hearing Authority for review of the proposed use.
~
G:\comm-dev\planning\Notices Mailed\2006\2006-01294 Council Appeal,doc
PA#2006-01294 391E15AD 1800
ALLEN BARBARA A
375 LITHIA WAY
ASHLAND, OR 97520
PA#2006-01294 39IE15AA 90004
BEAVER JAMES RlNANCY LEE
PO BOX 384
ASHLAND, OR 97520
PA#2006-01294 39IE15AD 2000
BRODEUR/BRODEUR INC
1801 SISKIYOU BLVD
ASHLAND, OR 97520
PA#2006-01294 391E15AA 70008
CUNHA TIMlREGENT -CUNHA M'LISS
512 BLUE RIDGE CT
V ACA VILLE, CA 95688
PA#2006-01294 391E15AA 4901
ENGLE GREGORY J/JAMIE B
756 PARK ST
ASHLAND, OR 97520
PA#2006-01294 391E15AA 5102
GRIMSHAW JOHN V/GRIMSHA W
PO BOX 1014
ASHLAND, OR 97520
PA#2006-01294 391E15AA 90008
HEINE BRYAN
2705 CLAY CREEK WAY
ASHLAND, OR 97520
PA#2006-01294 391E15AA 4700
HUFFMAN ELGYN R
722 PARK ST
ASHLAND, OR 97520
PA#2006-01294 391E15AD 1803
KENNEDY KATHERINE M TRUSTEE
320 E MAIN ST
ASHLAND, OR 97520
PA#2006-01294 391E15AA 6806
LANG ERIC G
686 NORMAL AVE
ASHLAND, OR 97520
--
,
j
I ,
PA#2006-01294 391E15AB 3002
BARGER KEVIN
731 NORMAL AVE
ASHLAND, OR 97520
PA#2006-01294 391E15AA 4403
BETLEJEWSKI FRANK
POBOX 604
ASHLAND, OR 97520
PA#2006-01294 391E15AA 5000
CAMPBELL ERIC J
768 PARK ST
ASHLAND, OR 97520
PA#2006-01294 391E15AA 70004
DALLAS SHARON A/EASTER JEFFREY
3109 CAPITAL AVE
MEDFORD, OR 97504
PA#2006-01294 391E15AA 5600
FARMER JOHN/GEORGENE
717 PARK ST
ASHLAND, OR 97520
PA#2006-01294 391E15AA 4600
HAKES DAVE E/RO-DEAN R
718 PARK ST
ASHLAND, OR 97520
P.^.#2006 01294 391EI5.^~'\ 5500
HOSKINS H .^.NTHONY
6155 PLillL^.S ST 108
RENO, NV 89509
RETURNED
PA#2006-01294 391E15AA 7100
JONATHAN LANDES CONSTRUCTION
796 LIBERTY ST
ASHLAND, OR 97520
PA#2006-01294 391E15AA 70001
KLIMEK RICHARD W
121 WALNUT PL
PHOENIX, OR 97535
PA#2006-01294 391E15AA 90005
LEVICH NAOMI
663 PARK ST 5
ASHLAND, OR 97520
7
PA#2006-01294 391E15AA 6805
BEATTY TIM R/CINDY D
75107 OREGON LN
IRRIGON, OR 97844
PA#2006-01294 391E15AA 4200
BLACK SYLVIA ANN TRSTEE FBO
660 PARK
ASHLAND, OR 97520
PA#2006-01294 391E15AA 70003
COMPTON DAVID MARK
730 NORMAL AVE
ASHLAND, OR 97520
PA#2006-01294 391E15AA 5201
DICOSKEY BRUCE TRUSTEE ET AL
745 PARK ST
ASHLAND, OR 97520
PA#2006-01294 391E15AA 4802
GIES BRIAN
730 PARK ST
ASHLAND, OR 97520
PA#2006-01294 39IE15AA 4500
HAKES REENA I/DARIN T
700 PARK ST
ASHLAND, OR 97520
PA#2006-01294 39IE15AA 6809
HUFF HELEN F TRUSTEE
7636 BODEGA AVE
SEBASTOPOL, CA 95472
PA#2006-01294 391E15AA 80001
KENNEDY KATHERINE M TRUSTEE
320 E MAIN ST
ASHLAND, OR 97520
PA#2006-01294 391E15AA 4900
KNOROSKI JOHN J TRUSTEE
864 MORTON ST
ASHLAND, OR 97520
PA#2006-01294 391E15AA 90007
LITHMAN ESTHER ET AL
669 PARK ST
ASHLAND, OR 97520 ! /
1;;<. {5 0&
~, I ~ + 3 ~ ecuhei I /)ffrcA
tt1ctl I ~ ~( JvO+iC!i e s ull"S/ot
PAlf200601291 39IE151\B 3201
liVING OPPORTUNITIES mc
POBOX 1072
MEDFORD, OR 97501
RETURNED 7-28-06
PA#2006'-01294 39IE15AA 70006
LOVETT RICHARD PAUL TRUSTEE ET
PO BOX 427
ASHLAND, OR 97520
P.^.1t2006 01291 391EI5.^.A 70007
MCLEAN KEVIN
73& NORM.^.L ST
ASHL'\ND, OR 97520
RETURNED 8/28/06
PA#2006-01294 391E15AA 4402
MEYER KlRT
678 PARK ST
ASHLAND, OR 97520
PA#2006-01294 391E15AA 5200
PARKSTREETAPARTMENTSLLC
185 MISTLETOE
ASHLAND, OR 97520
PA#2006-01294 391E15AA 4800
PAUL SARAH TRUST
750 PARK ST
ASHLAND, OR 97520
PA#2006-01294 391E15AA 7000
ROTH JAMES A TRUSTEE
3231 TOLMAN CREEK RD
ASHLAND, OR 97520
PA#2006-01294 391E15AA 4801
SCHILLING FREDERICK
740 PARK ST
ASHLAND, OR 97520
PA#2006-01294 39IE15AA 6801
SORIA MIGUEL/MARIA C
205 ASTOR WAY
SALINAS, CA 93906
PA#2006-01294 391E15AA 6701
WARNER MICHAEL J/DlANA G
678 NORMAL AVE
ASHLAND, OR 97520
(
~
PA#2006-01294 391E15AA 70002
LOVETT RICHARD PAUL TRUSTEE ET
PO BOX 427
ASHLAND, OR 97520
PA#2006-01294 39IE15AA 4501
MAC CORMACK MARSHA F
250 NEIL CREEK RD
ASHLAND, OR 97520
P.^.tf2006 01291 39IEI5.^.}.6&10
MCLEOD CATHERINE
891 NORM.^"L.'\ VE
f.SHL^"ND, OR 97520
RETURNED 8/28/06
PA#2006-01294 391E15AA 6700
NORMAL SEVEN LLC
POBOX 548
ASHLAND, OR 97520
PA#2006-01294 391E15AA 6807
PATTERSON CLARENCE 0 - TRUSTEE
6830 HWY 66
ASHLAND, OR 97520
PA#2006-01294 391E15AA 90003
RAY ANNEB
370 SKYLARK LN
W A YNESVILLE, NC 28786
PA#2006-01294 391E15AD 1804
ROTH JAMES A TRUSTEE
3231 TOLMAN CREEK RD
ASHLAND, OR 97520
P.'\tf2006 01291 39IE15AD 1802
SCHWIMMER GERTRUDE S TRUSTEE
759 P.'\RK ST
ASHL^.ND, OR 97520
RETURNED 9101/06
PAtf200601291 391EI5.'\.'\ 6804
STOW.^.SSER RYAN/SATLER
682 NORM.^.L .^.VE
ASHL^.ND, OR 97520
RETURNED 9/01/06
PA#2006-01294 39IE15AA 90006
WELTMAN MIKE TRUSTEE ET AL
661 PARK ST
ASHLAND, OR 97520
<j
t-
~
PA#2006-01294 391E15AA 70005
LOVETT RICHARD PAUL TRUSTEE ET
PO BOX 427
ASHLAND, OR 97520
PA#2006-01294 391E15AB 3100
MCCLURE STUART ET AL
1765 SISKIYOU BLVD
ASHLAND, OR 97520
PA#2006-01294 391E15AA 90001
MELTON PAMELA ANN
PO BOX 3017
ASHLAND, OR 97520
PA#2006-01294 391E15AA 5701
OWENS LEROY D/MARY JO
667 PARK ST
ASHLAND, OR 97520
PA#2006-01294 391E15AA 6808
PATTERSON DEBRA L
690 NORMAL AVE
ASHLAND, OR 97520
PA#2006-01294 391E15AA 4300
REINHOLDT ROBERT B TRUSTEE ET
270 SKYCREST DR
ASHLAND, OR 97520
PA#2006-01294 391E15AA 6811
SA TLER SERGIO TRUSTEE FBO
PO BOX 3157
ASHLAND, OR 97520
PA#2006-01294 391E15AA 5100
SIERKA R DOUGLAS/ANN D
307 HILLCREST
ASHLAND, OR 97520
PA#2006-01294 391E15AA 90002
TUCKER DIANNE C
657 PARK ST
ASHLAND, OR 97520
PA#2006-01294 391E15AA 5300
WOODING GEORGE/ICHIUJI NANCY
11 DELLABROOK AVE
SAN FRANCISCO, CA 94131 /~/5/C6
I~ .7 ~l f 3 - Ce7l<h{!; / 4pj/~~
rVttt; (e?.{ Alo fiLes 11/15/1:7(,
PA#2006-01294 39IE15AA 5400
WOODING MARY RUTH
727 PARK ST
ASHLAND, OR 97520
P A#2006-0 1294
HOFFBUHR & ASSOCIATES
880 GOLFVIEW DRIVE
MEDFORD, OR 97504
BOB MAYERS
ADROIT CONSTRUCTION
4890 HWY 66
ASHLAND OR 97520
.f
(
P...^.1t2906 91294 391E15.^.f.70900
'}IT JRFL JENISE F
724 tTORMAL f.VE
ASHLAtlD, OR 97520
RETURNED
P A#2006-0 1294
URBAN DEVELOPMENT SERVICES
320 EAST MAIN ST SUITE 202
ASHLAND, OR 97520
PHILIP LANG
758 B STREET
ASHLAND OR 97520
ART BULLOCK
791 GLENDOWER
ASHLAND OR 97520
CHRIS HEARN
A TIORNEY AT LAW
515 EAST MAIN STREET
ASHLAND OR 97520
1
I "i./ 6-/ b 6
eJ I :s of 3..(};u n<p (I I1pl'c,c
~1I1e{; / c' d /.../ crf I ~ ~ S II/IS- /66
(
(
ATTN: ANDREA - CLASSIFIED
PUBLISH IN LEGAL ADVERTISING.
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a Public Hearing on the following items with respect to
the Ashland Land Use Ordinance will be held before the Ashland City Council on
December 5, 2006 at 7:00 p.m. at the Ashland Civic Center, 1175 East Main Street,
Ashland, Oregon. At such public hearing any person is entitled to be heard, unless the
public hearing portion of the review has been closed during a previous meeting.
Request for a Conditional Use Permit to convert thirty (30) existing apartments to thirty (30)
condominium units for the property located at 719 Park St.
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).
Barbara Christensen
City Recorder
Publish: 11/22/2006
P. O. No. 75760
E-mailed to Tidings: 11/15/2006
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October.11': 2006
CI T Y OF
ASHLAND
Urban Development Services, LLC
320 East Main Street, Suite 202
Ashland, OR 97520
RE: Planning Action #: PA#2006-01294
Dear Mr. Dirienzo and Mr. Knox:
At its meeting of September 12,2006, the Ashland Planning Commission approved your request for a
Conditional Use Permit for the property located at 719 Park Street -- Assessor's Map # 39 1 E 15 AA; Tax Lot
5200.
The Findings, Conclusions and Orders document, adopted at the October 10, 2006 meeting, is enclosed.
Please note the fOllOW~~ems:
1. A final map prepared by a registered surveyor must be submitted within one year of the date of
preliminary approval; otherwise, approval becomes invalid.
2.
Afmal plan must be submitted within 18 months of the date of preliminary approval; otherwise, approval
becomes invalid.
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There is a 15-day appeal period, from the date of this letter, which must elapse before a building permit
may be issued.
All of the conditions imposed by the Planning Commission must be fully met.
Planning Commission approval is valid for a period of one year only, after which time a new application
would have to be submitted. .
Please feel free to call me at 488-5305 if you have any questions.
cc: Park Street Apartments, LLC 185 Mistletoe Road Ashland, OR 97520
Philip Lang 758 B Street Ashland, OR 97520
Art Bullock 791 Glendower Ashland, OR 97520
Bob Mayers Adroit Construction 4890 Highway 66 Ashland, OR 97520
Chris Hearn 515 East Main Street Ashland, OR 97520
DEPT. OF COMMUNITY DEVELOPMENT
20 E. Main Street
Ashland, Oregon 97520
www.ashland.or.us
Tel: 541-488-5305
Fax: 541-552-2050
TTY: 800-735-2900
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BEFORE mE PLANNING COMMISSION
September 12, 2006
IN THE MATTER OF PLANNING ACTION #2006-01294, REQUEST )
FOR A CONDITIONAL USE PERMIT TO CONVERT THIRTY )
(30) EXISTING APARTMENTS TO THIRTY (30) CONDOMINIMUM ) FINDINGS
UNITS FOR THE PROPERTY LOCATED AT 719 PARK STREET ) CONCLUSIONS
) AND ORDERS
)
APPLICANT: Park Street Apartments, LLC / Urban Development Services, LLC
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RECITALS:
1) Tax lot 5200 of 39 IE 15AA is located at 719 Park Street and is zoned R-2; Low
Density Multi-Family Residential.
2) The applicant is requesting a Conditional Use Permit to convert thirty (30) existing
apartments to thirty (30) condominium units.
3) The criteria for issuance of a Conditional Use Permit are described in Chapter 18.1 04
as follows:
A. That the use would be in conformance with all standards within the zoning district
in which the use is proposed to be located, and in conformance with relevant
Comprehensive plan policies that are not implemented by any City, State, or
Federal law or program.
B. That adequate capacity of City facilities for water, sewer, paved access to and
through the development, electricity, urban storm drainage, and adequate
transportation can and will be provided to and through the subject property.
C. That the conditional use will have no greater adverse material effect on the
livability of the impact area when compared to the development of the subject lot
with the target use of the zone. When evaluating the effect of the proposed use
on the impact area, the following factors of livability of the impact area shall be
considered in relation to the target use of the zone:
1. Similarity in scale, bulk, and coverage.
2. Generation of traffic and effects on surrounding streets. Increases in
pedestrian, bicycle, and mass transit use are considered beneficial
regardless of capacity of facilities.
3. Architectural compatibility with the impact area.
4. Air quality, including the generation of dust, odors, or other environmental
pollutants.
5. Generation of noise, light, and glare.
6. The development of adjacent properties as envisioned in the
Comprehensive Plan.
Findings, Conclusions and Orders
JA
PA 2006-01294
October 10, 2006
Page 1
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7. Other factors found to be relevant by the Hearing Authority for review of
the proposed use.
4) The Planning Commission, following proper public notice, held a Public Hearing on
September 12, 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 Ashland finds, concludes and
recommends as follows:
SECTION 1. EXHffiITS
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"
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
received.
2.2 The Planning Commission finds that the proposal meets all applicable criteria for
a Conditional Use Permit as described in Chapter 18.104. The Planning Commission
finds that the existing units were constructed in accordance with all applicable Land Use
Planning and Building Code standards in place at the time of the approval.
2.3 The Planning Commission finds that public facilities are already in place that serves
the existing units, including water, sewer, paved access to and throughout the
development, electricity, urban storm drainage, police and fire protection. Consequently,
the Commission finds that the conversion will not cause a City facility to operate beyond.
capacity.
2.4 The Planning Commission finds that the conversion of apartments to condominiums
will not have an adverse material effect on the livability of the impact area because the
conversion will not increase the generation of traffic. The units currently exist and there are
no structural changes proposed which would change the scale, bulk, coverage or
architectural compatibility with the surrounding area. Lastly, the Commission finds that
Findings, Conclusions and Orderss
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PA 2006-01294
October 10, 2006
Page 2
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the conversion of apartments to condominiums will not prevent adjacent land from being
developed for the uses shown in the Comprehensive Plan. The surrounding area contains
single-family, multi-family housing and commercial developments. The parcels adjacent
to the site are fully developed, and the proposed conversion will not prevent adjacent land
from being developed in accordance with the R-2 zoning district, Ashland Land Use
Ordinance and Ashland Comprehensive Plan.
SECTION 3. DECISION
3.1 Based on the record of the Public Hearing on this matter, the Planning Commission
concludes that the proposal for a Conditional Use Permit to convert thirty (30) apartment
units to thirty (30) condominium units 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 #2006-01294. Further, if anyone or
more of the conditions below are found to be invalid, for any reason whatsoever, then
Planning Action #2006-01294 is denied. The following are the conditions and they are
attached to the approval:
1) That all proposals of the applicant shall be conditions of approval unless otherwise
modified here.
2) That a final condominium survey shall be submitted to the City within 12 months of this
approval.
3) That all easements for public utilities and pedestrian access shall be indicated on the final
survey as required by the Ashland Engineering Division.
4) Prior to the signature of the final survey plat: a final utility plan, showing existing and
proposed connections to City of Ashland systems, shall be submitted for the review and
approval of the Engineering, Planning and Building Divisions; each individual lot shall
be served separately by water, sewer, and electric services; utility easements shall be
provided through the other properties as necessary; and copies of all required
maintenance agreements shall be provided for staff review.
5) That the By Laws be reviewed and approved by the Staff Advisor and Legal Department
prior to signature of the final condominium survey. Such By Laws shall address which
units are to be the required affordable housing units, shall note that the current tenants
shall have first right of refusal to purchase the condominiums, shall identify parking
locations by unit and shall address the maintenance requirements for the common open
space areas.
6) That the By Laws indicate that the designated affordable housing units shall remain in the
City of Ashland's Affordable Housing program for a minimum of 30 years.
Findings, Conclusions and Orders
P A 2006-01294
October 10, 2006
Page 3
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7) That the applicant sign an agreement prepared by the City of Ashland stipulating that
eight of the units, as identified in the bylaws, comply with the City of Ashland
Affordable Housing Program established by Resolution 2006-13 for purchase and rental
housing for a period of not less than 30 years. The agreement shall be recorded in the
deed records.
8) That the existing tenants shall be given60-days to address the first right of refusal aild
shall not be evicted prior to the 60-day time period expiring. Documentation of the first
right of refusal shall be submitted with either the building permit submittals or prior to
signature of the final condominium survey.
9) That prior to the recordation of the agreement, the applicant shall meet with the City's
Affordable Housing Officer in order to review and verify all City requirements, as noted
in Ordinance #2624 and Resolution #2006-13.
10) That the bicycle parking facilities in accordance with 18.92. 040.J. under the stairwells as
proposed by the applicant shall be installed prior to final condominium survey.
11) That all requirements of the Ashland Fire Department shall be met, including but not
limited to recording and maintaining a Fire Apparatus Access Easement, prior to
signature of the final condominium survey.
12) That all requirements of the Ashland Building Department shall be met prior to signature
of the final condominium survey.
13) That any structural changes to the exterior of the buildings, additions or new structures,
or changes to the site layout and landscaping shall require a modification of the Site
Review approval.
JAMil
Planning Commission Approval
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Date
Findings, Conclusions and Orders
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PA2006-01294
October 10, 2006
Page 4
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Fields announced that Item C, P A2006-0 1548 has been postponed until next month.
PLANNING ACTION 2006.01548
REQUEST FOR A CONDITIONAL USE PERMIT TO CONVERT THIRTY (30) EXISTING APARTMENTS TO THIRTY (30) CONDOMINIUM
UNITS FOR THE PROPERTY LOCATED AT 719 PARK STREET.
APPUCANT:MRK~ APAMMEHT8lletURttMfJl\lELOJIM!HT 8!tWtCn LLC
Site Visits or Ex Parte Contacts
Dawkins, Dimitre, Dotterrer and Morris had site visits. Black had a site visit and saw Marsh. They discussed artist's housing
in Ashland, but did not discuss this application. Marsh had a site visit and chatted with Black. Fields and Stromberg did not
have a site visit.
STAFF REPORT
Molnar gave a presentation based on the written Staff Report. The action was called up for a public hearing by Philip Lang
based on issues related to public policy that the application should be denied due the loss of affordable units. And, the
application falls contrary to the proposed condominium ordinances that have not yet come before this body and are not adopted
and the project reduces affordable housing. It's Staffs opinion that Lang's comments do not address the approval criteria.
According to Mike Frane1l, City Attorney, this application is subject to the standards currently on the books. The
Resolution adopted in June establishes a 30 years affordability requirement.
A proposed modified ordinance has been reviewed by the Housing Commission (not applicable in this case). The main change
will address additional tenants' rights. The applicant has agreed in their application (Condition 8) that the existing tenants shall
be given 60 days to address the first right of refusal and shall not be evicted prior to the 60 day time period. Currently, there
can be a loophole, while the applicant is obligated to get the first right of refusal, a tenant could get an eviction notice, incur
additional costs to find another place, then they get the first right of refusal. The change would allow the tenants to stay in the
units throughout the duration while they decide if they would like an opportunity to purchase the property.
Staff believes the application meets the standards as provided in the current ordinance and is recommending approval.
Black/Stromberg m/s to extend time to 11:00 p.m. Everyone approved.
PUBLIC HEARING
BOB MAYERS, Adroit Construction, 4890 Hwy 66, Ashland, spoke. Mayers said that his company built the apartments in the
early 1990's. Over the time they have managed and rented the units, they have allowed single mothers to live there frey at
times, his employees have lived there for reduced rents, and some elderly people pay the same rent as the day they moved in.
The apartments are all two bedroom, two baths. Their intent is to clean and upgrade the units. They have no problem meeting
all the regulations. They agree with the affordability requirement. He does not believe that many tenants will be able to afford
to purchase the units at $130,000 so they will probably continue to rent to low income households.
CHRIS HEARN, 515 East Main Street, is representing the applicant. This application was approved administratively by Staff in
conformity with the Land Use Ordinance. All the units will be affordable in the sense they will be the most affordable units
listed in Ashland. If these units are converted to condominiums, it will increase by eight the number of affordable units in
Ashland this year for a 47 percent increase in the number of affordable units built. There were only 17 units completed in
Ashland this year. Hearn presented a Power Point presentation addressing the criteria (part of the record). Resolution 1993-39
is directly applicable. The applicant is complying with the currently adopted resolution and that is what the Commission needs
to address. This application meets all the standards the Council has given them.
Stromberg noted that this application is taking rental units out of the affordable market and 24 are no longer available to rent
and would be available for sale.
Hearn said there are seven approval criteria. Criteria one through six are all the physical attributes of an application and none
. of those are changing. Criteria 7 is the catch-all - other factors found to be relevant by the hearing authority - to catch
something that might have been missed in 1-6.
Mindlin wondered if Mayers would be willing to do anything the Housing Commission recommended such as reducing the
sales price to a 60 percent or below standard and dispersing the units throughout the complex.
ASHLAND PLANNING COMMISSION
REGULAR MEETING
SEPTEMBER 12, 2006
MINUTES
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MARK DIRIENZO, Urban Development Services LLC, 320 E. Main Street, Suite 202, stated that they are meeting the existing
criteria that is 80 percent. The 60 percent was mentioned by the Housing Commission that they would desire, but rents are
already pretty depressed in Ashland. He believes there is a push for conversions because the rents are depressed enough that
owners can't collect enough funds to improve them so they are converting them, selling one or two, improving the existing
units and keeping them as an investment going forward.
The applicants would have favored disbursements of units throughout the complex, however, after talking with the non-profit
agencies such as ACCESS, who have to go out for money in the form of grants, etc., they say that banks have a hard time with
a unit here and a unit there. They want them all grouped together. It's the long-term flexibility that is attractive to Mayers.
Mayers said this isn't a huge complex. It just makes it tougher to manage the units if they are dispersed.
Black asked why they didn't consider building condominiums when he built them.
MARK KNOX, 320 E. Main Street, Suite 202, Urban Design Services, said the R-2 zoning allowed condominiums in 1991 too. The
reason we aren't seeing more apartment projects today is because they. are regulations forcing the owners to give up 25 percent
of the units if they ever convert. People are approaching him and Mark DiRienzo to propose condominiums up front that don't
have any regulations whatsoever.
PHILIP LANG, 758 B STREET, protests the condominiumization of Ashland with this project as an example. He is also here to
establish the grounds for further appeal to the City Council. He's here to educate. This is a bad direction in which to go in
Ashland. He is unalterably opposed to condominium conversions. A developer buys a multi-unit development perhaps a bit
old and dowdy - a place that provides affordable housing for citizens. The developer upgrades or rehabs the property. The
current tenants are displaced. The property is condominiumized. The prior renters cannot afford to buy. The average working
person or family cannot afford to purchase either. The developer, rather than getting profit from long-term renting, makes the
quick profit from sales. Those who can afford to buy are wealthy enough but don't want to or don't have to occupy the units.
The units are purchased as investments to ultimately flip and in the meantime get write-offs. The rents set by these new
absentee owners are now double or more except the old renters can't afford to come back. This is a socially destructible
process. This happened to an adjacent property where his son lives. Of the ten units that were sold, seven are now absentee
rentals.
The technical reasons are for further appeal. This is an R-2 multi-family residential target use zone. Condominiumization is a
conditional permitted use. The summative affect of granting endless CUP's on a case-by-case basis results in defeating the
essential target zone uses. The proposed development violates 18.104.050 C in that it has a greater adverse material affect on
livability. We are not providing affordable housing; we are actively reducing affordable units by allowing condominium
conversIOns.
Lang said we did have an ordinance (2035) amending Section 18.08.102 dated July 24, 1979. It was adopted with the
declaration of "emergency" and it says condominium conversion of rental units are subject to a demonstration of public need
and lack of detrimental effect on the supply of rental units or the land for such units. Unfortunately, on April 2, 1991, we had
ordinance 3624 repealing 2035, giving us the conditions we have today.
Black/Stromberg m/s to extend the meeting to 11:30 p.rn. Everyone approved.
Stromberg asked Lang to supply more detailed or factual information concerning the livability criteria that comes into play
because of having absentee owners. Lang said, for example, when the homeowners try to have meetings regarding CC&R's
and maintenance, it is difficult having non-resident owners.
ART BULLOCK, 791 Glendower, said the applicant is proclaiming a 47 percent increase in affordable units and in fact those
people might need to move out. That gives grounds for considering the livability issue. With regard to the policy issue, we
have a continuing problem of ordinance development. We have a counter-productive dynamic that ends up producing the
opposite of what the ordinance is trying to do. Because ordinance development drags out so long, when there is a situation like
this application, it is an opportunity under criteria 7 for the Planning Department to talk to the developer about what the issues
are which would improve the ability to get the ordinance developed and implemented. It would give us a way of moving
toward the ordinance. It's a way to find out at least what the issues are. He believes the Commission has grounds to
disapprove under livability.
Staff Response
ASHLAND PLANNING COMMISSION
REGULAR MEETING
SEPTEMBER 12,2006
MINUTES
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Molnar said Ashland's CUP criteria were amended in the early to mid-nineties. We used to have a standard that the use would
have a minimal impact on the livability of the area. What they found is that on the applications that got appealed to LUBA that
it was a very difficult standard to uphold because LUBA said we had to identify what factors we considered to define livability
of an area and then address them in the findings. Based on that decision, we re-formatted the CUP criteria to really define
livability. We should be looking at criteria 1-7. For this reasons, Molnar would disagree with Bullock and Lang on their
characterization of livability.
Rebuttal- Hearn believes that affordable housing is an important issue and requires community discussion, public hearings and
the elected officials of the City to make a determination after a public hearings process. On June 20, 2006, after this
application was in the works, the Council passed Resolution 2006-13. The applicant has complied with 2006-13. If the
Council wanted to put forth a different public policy as the legislative elected body they could and would have done so. What
is being suggested by the appellant is that the Planning Commission, a quasi-judicial body, should make policy and go outside
of a resolution adopted by the Council. He would suggest the Commission should apply the existing criteria.
COMMISSIONERS' DISCUSSION AND MOTION
Dotterrer/Marsh mls to approve PA2006.01294.
Stromberg thought the only criteria that might fit to deny the application would be Criteria 7 concerning absentee owners.
There are times when we don't apply specific criteria but we have recourse to the Comprehensive Plan and he thinks CUP's are
one of those situations. Then, it's up to someone to actually find it in her Camp Plan and it has to be something that will stand
up at LUBA. So far tonight, he hasn't heard that.
Black said the Comprehensive Plan doesn't say it has to be a rentable apartment, but by the way the buildable lands inventory
identifies single family, the obvious implication is that R-2 would be apartments.
Dawkins and Stromberg wondered why this is a CUP because if you don't change the structure, they why would it require a
CUP? Molnar said it is structured similar to a Special Permitted Use.
Marsh said there are a lot of units moving from apartments to condominiums and when we have an ordinance pending on the
horizon, it is unfortunate. She believes we should ask Staff to expedite the new ordinance as soon as possible. She believes
they have no choice but to approve it as presented.
Stromberg said they could ask for the Council to pass the ordinance with an emergency clause.
Fields said he doesn't think the community debate has even happened yet about whether this is an effective way to get
affordable housing.
Roll Call: Marsh, Stromberg, Dotterrer, Fields and Morris voted "yes" and Dawkins, Dimitre, Mindlin and Black voted "no."
PA2006.01294 was approved.
ADJOURNMENT - The meeting was adjourned at 11 :30 p.m.
Respectfully submitted by,
Sue Yates, Executive Secretary
ASHLAND PLANNING COMMISSION
REGULAR MEETING
SEPTEMBER 12, 2006
MINUTES
9
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AJtiLAND PLANNING DEPART~I::'NT
STAFF REPORT
September 12, 2006
PLANNING ACTION: 2006-01294
APPLICANT: Park Street Apartments, LLC / Urban Development Services, LLC
LOCATION: 719 Park Street
ZONE DESIGNATION: R-2
COMPREHENSIVE PLAN DESIGNATION: Multi-Family Residential
APPLICATION DEEMED COMPLETE: July 19, 2006
12Q-DAYTIME LIMIT: November 3,2006 (actual 120 is Sunday, November 5,2006)
ORDINANCE REFeRENCE:
18.24
18.104
Low Density Multiple-Family Residential
Conditional Use Permit
REQUEST: Conditional Use Permit to convert thirty (30) existing apartments to thirty (30)
condominium units for the property located at 719 Park Street.
I. Relevant Facts
A. Background. History of Application
In July 2006 the applicant filed for a Conditional Use Permit to convert the thirty (30)
apartments to condominiums. In accordance with Chapter 108, this is a Type I planning
action and was administratively approved by staff. The application was subsequently
called-up to a Public Hearing.
In January 1990 the Planning Department administratively approved a one year extension
of the previously approved planning actions (P A 90-036).
In November 1988 the Planning Commission approved a request for a modification of the
previously approved Site Review to change the orientation of two of the proposed
buildings (P A 88-165).
In August 1988 the Planning Commission approved a request for Site Review to
construct the thirty (30) unit apartment (P A 88-095). The application was subsequently
appealed and was approved by the Ashland City Council in October 1988.
Planning Action 2006-01294
Applicant: Park Street LLC/Urban Development Services LLC
Jq
Ashland Planning Department - Staff Report ada
Page 1 of 6
B. Detailed Descri~tl~n of the Site and Proposal
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The subject parcel is trapezoidal with a lot area of approximately one and a half acres
(66,647 square feet). It is located on a 25-foot wide flag drive on the middle section of
Park Street, between Siskiyou Boulevard and Ashland Street. There is a sidewalk
connecting the parking area for the units to Park Street adjacent to the driveway.
The proposal is to convert 30 existing rental units into 30 condominium units. All 30
units are presently located on one tax lot (5200) in four separate buildings arranged
around the perimeter of a large asphalt drive and parking area. Building A contains 16
units, Building B contains 6 units, Building C contains 4 units and Building D contains 6
units. All of the units have two bedrooms and two bathrooms, and all are approximately
950 square feet in size. Each unit has an associated covered carport. There are also a
number of uncovered guest parking spaces available. In total there are 53 parking spaces,
two of which are handicap accessible.
The site is moderately sloped to the north approximately four percent. The site has mature
landscaping and a number of trees throughout which has been maintained in good .condition.
There is an in-ground pool; children's play structure and 20-foot wide greenways located
behind the buildings.
The adjacent properties to the north, east and west are zoned R-2 (Low Density
Residential) and the properties to the south are R-3 (High Density Residential) and C-1
( Commercial).
1. Conditional Use Permit
Under the parcel's R-2 Low Density Multi-Family Residential zoning, the
conversion of existing apartments to condominiums is permitted as a Conditional
Use Permit provided that proposal demonstrates that at least 25% of the units are
affordable for moderate income persons in accord with the standards of the
resolution (Resolution #2006-13) established by the Ashland City Council.
Additionally, the current residents of the rental units proposed for conversion are
required to have the first right of refusal to purchase the units. In this case the
applicant is requesting Conditional Use Permit approval to convert the existing 30
unit apartment complex to 30 condominiums. As required in Ashland Municipal
Code 18.24.030.J, 25% or eight (8) ofthe units are required be affordable for
moderate income persons under the City of Ashland affordable housing program.
The applicant has gone further to state in their findings that the existing tenants
will be provided a 60-day window of time to address the first right of refusal and
the tenants will not be evicted during that 60-day period. A condition has been
added to ensure this stipulation that the applicant has made is upheld.
The applicant has proposed to add bicycle parking U-racks under the stairways to
bring the bicycle parking facilities into compliance with current requirements, and
to re-stripe the parking lot to add a handicap parking space. No other
modifications to the building or the site are proposed as part of this application.
There is established, maintained landscaping with an irrigation system in place on
site, and a landscape plan has been submitted delineating the existing landscape
Planning Action 2006-01294
Applicant: Park Street LLC/Urban Development Services LLC
C:<D
Ashland Planning Department - Staff Report ada
Page 2 of 6
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materials aria irrigation system specifications.
II. Proiect Impact
The project requires a Conditional Use Permit approval since it involves the conversion
of existing rental units to condominiums.
A. Conditional Use Permit
The use of this site as condominiums is in conformance with the zoning district as well as
the Comprehensive plan policies because condominiums as well as rental apartments are
both permitted uses in the R-2 Low Density Multiple-Family Residential District.
Adequate City facilities existing on site to serve that proposed condominium conversion,
and the proposed conversion will not increase the impacts on the existing public facilities.
The Conditional Use Permit criteria require that the proposed use will not have a greater
adverse material effect on the livability of the surrounding area when compared to the
target use of the property according to seven factors. In Staffs opinion, the conversion
of the units from rental units to condominium units will not change the impacts from the
use of the site on the neighborhood. The applicant has not proposed any alterations to the
building which would affect the existing scale, bulk or coverage. Additionally, no
changes are proposed to the existing building which would affect the architecturally
compatibility. Given the size and number of the units will remain the same, the
generation of traffic will not change. The applicant has proposed to install bicycle
parking facilities which are considered beneficial in regards to traffic generation.
Similarly, air quality issues and generation of noise, light and glare should not be
different because the unit ownership is changing. As proposed the conversion of the
existing apartment complex to condominiums will have no impacts to the development of
the adjacent properties as envisioned in the comprehensive plan.
The current affordable housing requirements included in Resolution 2006-13 require that
rental housing units shall be rented to individuals or households whose annual income is
consistent with the target income identified in the planning approval. The conversion of
rental units to condominium units requires that the affordable units be for moderate
income persons. Moderate income is defined as 80% of the median income levels based
on the Medford-Ashland Metropolitan Statistical Area (MSA). Therefore, the affordable
units would have to be rented or owned to moderate income households as outlined in
Resolution 2006-13. The period of affordability is required to be 30 years.
At the June 19, 2006 Housing Commission meeting the commission reviewed this
application and its compliance with the affordable housing requirements. The Housing
Commission made two comments with regards to the condominium conversion. First,
the commission expressed concern regarding the grouping of the affordable units into one
building and recommended that the applicants disperse the affordable units throughout
the project area. Additionally, the Commission suggested that the rental units be set to
the 60% of median income to be in the spirit of afford ability (see attached Housing
Commission minutes).
Planning Action 2006-01294
Applicant: Park Street LLC/Urban Development Services LLC
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Ashland Planning Department - Staff Report ada
Page 3 of 6
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In regards to the Housing Commission recommendations, similar conditions of approval
would have to relate to the applicable approval criteria for a Conditional Use Permit. The
Planning Commission must decide if the placement of the affordable units and lower
income classification could be related to the impact of the conversion of rental units to
condominiums on the surrounding area. In Staffs opinion, it is difficult to make a
finding that the placement of the affordable units in the project, whether grouped or
clustered, would affect the surrounding neighborhood. Accordingly, it is difficult to
make a finding that if the affordable units are occupied by households at 60% of median
income, that this would in affect the surrounding neighborhood. In addition, it is not
valid to require different affordability requirements of a current planning action, such as
those currently being discussed as potential ordinance changes for condominium
conversions. A planning application is subject to the ordinances that are in effect when
an application is made. For the subject application, the affordability requirement in place
at the time of application for a condominium conversion is that 25% of the units are
occupied by moderate income persons (80% of median income) according to the
Affordable Housing Program requirements of Resolution 2006-13.
III. Procedural - ReQuired Burden of Proof
The criteria for Conditional Use Permit approval are described in 18.104.050 as follows:
A. That the use would be in conformance with all standards within the zoning district in which the use
is proposed to be located, and in conformance with relevant Comprehensive plan policies that are
not implemented by any City, State, or Federal law or program.
B. That adequate capacity of City facilities for water, sewer, paved access to and through the
development, electricity, urban storm drainage, and adequate transportation can and will be
provided to and through the subject property.
C. That the conditional use will have no greater adverse material effect on the livability of the impact
area when compared to the development of the subject lot with the target use of the zone. When
evaluating the effect of the proposed use on the impact area, the following factors of livability of the
impact area shall be considered in relation to the target use of the zone:
1. Similarity in scale, bulk, and coverage.
2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and
mass transit use are considered beneficial regardless of capacity of facilities.
3. Architectural compatibility with the impact area.
4. Air quality, including the generation of dust, odors, or other environmental pollutants.
5. Generation of noise, light, and glare.
6. The development of adjacent properties as envisioned in the Comprehensive Plan.
7. Other factors found to be relevant by the Hearing Authority for review of the proposed use.
IV. Conclusions and Recommendations
In Staffs opinion, the proposal is consistent with the approval criteria for a Conditional
Use Permit to convert existing apartments to condominiums. Should the Commission
Planning Action 2006-01294
Applicant: Park Street LLC/Urban Development Services LLC
cQ~
Ashland Planning Department - Staff Report ada
Page 4 of 6
, (i . (!
choose to approve tne proposal, Staff would recommend that the following conditions be
attached:
1) That all proposals of the applicant shall be conditions of approval unless otherwise
modified here.
2) That a final condominium survey shall be submitted to the City within 12 months of this
approval.
3) That all easements for public utilities and pedestrian access shall be indicated on the final
survey as required by the Ashland Engineering Division.
4) Prior to the signature of the final survey plat: a final utility plan, showing existing and
proposed connections to City of Ashland systems, shall be submitted for the review and
approval of the Engineering, Planning and Building Divisions; each individual lot shall
be served separately by water, sewer, and electric services; utility easements shall be
provided through the other properties as necessary; and copies of all required
maintenance agreements shall be provided for staff review.
5) That the By Laws be reviewed and approved by the Staff Advisor and Legal Department
prior to signature of the final condominium survey. Such By Laws shall address which
units are to be the required affordable housing units, shall note that the current tenants
shall have first right of refusal to purchase the condominiums, shall identify parking
locations by unit and shall address the maintenance requirements for the common open
space areas.
6) That the By Laws indicate that the designated affordable housing units shall remain in the
City {)f Ashland's Affordable Housing program for a minimum of30 years.
7) That the applicant sign an agreement prepared by the City of Ashland stipulating that
eight of the units, as identified in the bylaws, comply with the City of Ashland
Affordable Housing Program established by Resolution 2006-13 for purchase and rental
housing for a period of not less than 30 years. The agreement shall be recorded in the
deed records.
8) That the existing tenants shall be given 60-days to address the first right of refusal and
shall not be evicted prior to the 60-day time period expiring. Documentation of the first
right of refusal shall be submitted with either the building permit submittals or prior to
signature of the final condominium survey.
9) That prior to the recordation of the agreement, the applicant shall meet with the City's
Affordable Housing Officer in order to review and verify all City requirements, as noted
in Ordinance #2624 and Resolution #2006-13.
10) That the bicycle parking facilities in accordance with 18.92.040.J. under the stairwells as
proposed by the applicant shall be installed prior to final condominium survey.
Planning Action 2006-01294
Applicant: Park Street LLC/Urban Development Services LLC
o?3
Ashland Planning Department - Staff Report adaiPage 5 of 6
11) That all requirem~ms of the Ashland Fire Department Sh~ll be met, including but not
limited to recording and maintaining a Fire Apparatus Access Easement, prior to
signature of the final condominium survey.
12) That all requirements of the Ashland Building Department shall be met prior to signature
of the final condominium survey.
13) That any structural changes to the exterior of the buildings, additions or new structures,
or changes to the site layout and landscaping shall require a modification of the Site
Review approval.
Planning Action 2006-01294
Applicant: Park Street LLC/Urban Development Services LLC
:<+
Ashland Planning Department - Staff Report ada
Page 6 of 6
C I T Y OF
ASHLAND
A8HLAtI) HOUIIJG coI....1ION
MINUTES
JUNE 11, 2008
CALL TO ORDER - Chair Faye Weisler called the meeting to order at 6:35 p.m. at the Community Development and Engineering
Services Building, 51 Winburn Way, Ashland, OR.
Commissioners Present SOU liaison
Faye Weisler. Chair Sunnv Lindlev. absent
Bill Street
Jennifer Henderson Council Liaison
Liz Peck Cate Hartzell, arrived at 6:50 p.m.
Aaron Beniamin
Alice Hardesty
Don Mackin Staff Present
Commissioners Absent Brandon Goldman Housinl!: Specialist
Carol Voisin Sue Yates. Executive Secretary
APPROVAL OF MINUTES - Henderson/Street mls to approve the minutes of the May 15,2006 meeting. Voice Vote: Approved.
PUBLIC FORUM
RON DEMELE, Rogue Valley Community Development Corporation (RVCDC), commented on the issue of Systems Developments
Charges (SDC's), an item on the Council's June 20th agenda (Resolution amending Resolution 2005-46). Demele had a concern
with 3.l.c. - "not to exceed 30 percent ofan individual's monthly income." Rural Development (RD) allows 33 percent and he
would like the City to be consistent with the federal program. Demele questioned 3.1.d., using Oregon Bond Loan. RD can make
a more favorable loan to a buyer in our area other than Oregon Bond. Goldman said the Oregon Bond rate index is a loan that
anyone could apply for from the 80 to 120 percent income levels. RD is targeted to those 80 percent and below. Demele
questioned 1.4. Goldman said a change in the resolution was to not allow a voluntary buyout of the SDC program. An owner
would have to sell their unit to a household that qualified at the original low income level.
Hartzell arrived at 6:50 p.m.
The Commission discussed whether or not to move this item to the Council or pull it from the agenda and discuss it at length at a
future meeting. Mackln/Hardesty mis, In response to Demele's comments, that the Commission recommend Demele go to the Council
If he wants to delay this agenda Item and let the Council decide. The partners will have the opportunity to speak at the Council
meeting. Voice Vote: Approved.
OTHER BUSINESS FROM HOUSING COMMISSION MEMBERS
Housing Project Task Force - Hartzell would like to discuss setting up either an ad hoc or on-going housing project task force to
. meet regularly or when there are projects that run into glitches to help keep projects moving forward. The Commission agreed to
put this item on next month's agenda.
Ballot Measure regarding RETF - Street would like to, as a Commission, once again endorse the concept of the voters approving
any kind of transfer tax. Though all the Commissioners are in support of the concept, they decided not to vote on it again.
NEW BUSINESS
PREAPPLlCATION REVIEWS
RVCDC Park Street Prolect - Ron Demele said they are proposing two three-bedroom units (lIOO square feet) and four two-
bedroom units (980 square feet) that will sell between $124,000 and $148,000 on Siskiyou and Park. The buyers are
ownerlbuilders and most are single parents. This is another Self-Help program. Everything is very similar to the project on
Siskiyou and Faith currently under construction. The City has an issue with the owners as builders. Demele felt short-changed by
the City's pre-application process. Weisler asked Demele to submit his suggestions in writing so the Commission can use his
comments to see how the Housing Commission should better review pre-applications.
PIrIe .... CGndo ConverIIon
Mark Knox, Urban Development Services, LLC is representing Bob and Lynn Mayers and Steve Lawrence regarding their apartment
conversion at 719 Park Street to "for purchase" condominiums. He stated that the project consists of30 two-bedroom, two bath
units within four buildings (all first and second floor units). The conversion is requested under 18.28.030.1 where it states 25
~J,4t
percent of the units must be affordable. The eight affordable units are proposed to be located in Building A on the north side of the
building. There will be no changes to the buildings. The applicants are doing the conversion to make financing easier. Interest
rates are lower and loans are more attainable when financing individual units rather than one large project. They are targeting 80
percent median income. Knox understood that it is more difficult for buyers to obtain financing if the affordable housing is
scattered throughout the project.
Mary Hart, ACCESS, said ACCESS prefers "for sale" units that are scattered throughout a project, but "for rent" units are best in
one building. However, trying to get funding to buy eight existing units is not that easy.
The Commissioners noted that the current rents ($700/month) on the apartment units are lower than the City's rental rates at 80
percent ($805/month). They also noted the city stands to lose between 22 and 30 affordable housing units.
HardlStylStreet mls that the Housing Commission makes the following recommendations:
1. Either these units be for sale at the 80 percent level or they be for rent at 60 percent or below, regardless of what the rules are
currently, In the spirit of affordablllty.
2. That the applicants try to disperse the affordable units throughout the condominium plan.
Peck amended the motion to add that If they are left at 80 percent and left as rental units, the Housing Commission does not back this
as an affordable project even though the applicants are following the existing rules. Hardesty accepted the amendment. Street
seconded. Voice Vote: Unanimous.
Goldman announced there will be a Joint Study Session with the Planning Commission and Housing Commission, June 27, 2006 a
7:00 p.m. at the Council Chambers to discuss condominium conversions.
LITHIA LOT PROPOSAL
Mary Hart, Access, Inc. And Bob Kendrick, Kendrick Enterprises
Goldman explained the City has been meeting with Kendrick for many months since the time Kendrick Enterprises was selected to
do the Lithia Lot project, coming to a greater understanding of how the project is financed. Instead of ten units, they are proposing
13 units, with each unit less than 500 square feet with three units to be market rate for sale. The proceeds from the sale of the three
units will be used to help close the funding gap that has been identified for the affordable housing component.
Kendrick said this project is market and subsidized driven. He offered several spreadsheets showing the different components of
the project and the cost breakdown. The cost for the affordable units comes out close to $2 million. Kendrick's contribution is
close to $600,000. He believes this is a great opportunity to show how we can deliver a market looking quality product to an
affordable market. It has always been his intent to not take the affordable units as an owner but to turn it over to a non-profit. The
units will be affordable forever. He believes his contribution exceeds the value of the land. Goldman said the City had an opinion
evaluation done and the land was valued at $212,000. If it was market rate with no restrictions on it, the value would be
considerably higher.
The Commissioners who were not involved in the on-going discussions feel this is a significantly different proposal than what was
approved in the beginning. Kendrick explained the smaller the unit, the more subsidy you get. Peck noted that when Ashland
Community Land Trust (ACL T) put this proposal together, they offered a package with different funding sources. Hart (ACCESS)
said when they became involved they looked at funding resources from the State and what would fit the state's criteria. The per
square foot cost the State was willing to fund was lower than what they had in the budget. Switching to ten studio units reduces
the cost per square foot per unit adding in the other components, making it more acceptable to the state. They can carry a larger
debt because they have more income. She cautioned, the longer this goes on, the higher the interest rate goes, and the less amount
of debt they can carry. It's a moving target.
Goldman said it's the City Attorney's legal opinion that the project is in substantial conformance with what went before the
Council previously because it is still providing underground parking, a commercial space, and ten units. The City Attorney did not
feel adding the three market rate units created a substantial shift from the original proposal. The unit size reduction is a significant
change.
Hart said if they are awarded funding from Oregon Affordable Housing Tax Credit, the rents could potentially be from $310 to
$420/month for renters income ranges from 38 percent to 50 percent of median. Without the tax credit, the rents would be
$422/month.
Benjamin believes this project concept is far superior to the first one. He always questioned whether it was appropriate for
families with kids to live downtown. This can meet the definition of affordable workforce housing. Tenants ~l probably work
downtown and may not own cars. He is against the three condominiums for tourist accommodations.
ASHLAND HOUSING COIIMISSION
_UTES
JUNE 19,2006
2
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September 7, 2006
SEP - 7 2006
City of Ashland
Community Development
Via _man rran","a.n fvatess@.ashland.or.us; molnarb@.ashland.or.us: franellm@.ashland.or.usJ
Ashland Planning Commiuton
City of Ashland
20 East MIlin StrHt
Ashland. OR 91520
RE: CUP Appbltion
Planning Action: 2001-01294
Project Location: 119 Park Street
Applicant: Park Street Apartments. LLC
Dear Ashland Planning Commission:
Our firm represents applicant Park Street Apartments, LLC (-AppIicanr) in
connection with the appeaf of your staffs approval of the appUcation. See: attached
Exhibit "A ".
The appeal is apparentty an effort to convince the Commission to apply land use
aiteria which has yet to be enacted, instead of the relevant criteria which currently exist.
In connection with your quasi-judicial review of this application, pie... consider
the following points.
DutY to Limit Qua.l-Judlcl~1 Decisions to ADDIlcatlon of ReleV8nt Land V..
Criteria.
· Every city in Oregon operates under a statutory duty to make land use
decisions in compliance with the criteria reflected in ita duly adopted land
use regulations as they exist on the date an application is filed. ORS
197. 175(2)(d); ORS 227. 178(3)(a);Sun Ray Drive-In Dairy, Inc. V.OLCC,
16 Or. App. 63, 71 (1973).1
I "[I]n a democratic society, ... published standards are essential to inform the public.
Further, they help assure public confidence that the apncy acts by rules and not from whim or
corrupt motivation. ... An applicant ... should be able to know the standards by which his
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RECEIVED
SEP - 7 2006
Pap-2-
Ashland PIaamiD, Commission
September 7 t 2006
· ar.gon land use law therefore requires that cities first enact land use
regulations, and then objectively apply those land use regulations, on a
case by case basis, to individual applications submitted for quasi-judicial
review. Additional standards and requirements not officially adopted and
In effect on the date the application is filed simply cannot and should not
be considered by the quasi-judicial body in reviewing the application.
OR5 197.195 (4); OR5227.178(3)(a).2
City of Ashland
Community Development
ADpllc:able Criteria under Ordinance Provisions In Effect on the Date the
ADpllcatlon Was Flied.
· In 1982, Council adopted ALUO Chapter 18.104, Conditional Use Permits.
(which was later amended in 1991 and 1996).
· 1991, the Ashland City Council adopted ALUO ~18.24.030.J, allowing
condominium conversion of existing rental units, in 1991. Ordinance 2624
52, 1991.
· In 1993, Council passed Resolution No. 1993-39, establishing affordable
housing income levels and rental and purchased cost levels.
· In 2005, Council passed and adopted Resolution No. 2005-46, which
amended Resolution No. 1993-39 to include homeowner association or
maintenance fees in any afford ability calculations.
application will be judged before going to the expense in time, investment, and legal fees
necessary to make application. Thereafter, he is entitled to even treatment by the rule oflaw and
reasonable confidence that he has received such treatment. This cannot be achieved without
published rules." Sun Ray Drive-In Dairy, Inc. v. OLCC, 16 Or. App.63, 71 (1973).
2 ORS 197.195 (4) states:
" (4) Approval or denial of a limited land use decision shall be based upon, and
accompanied by, a brief statement that explains the criteria and standards
considered relevant to the decision, states the facts relied upon in rendering the
decision, and explains the justification for the decision based on the criteria,
standards, and facts set forth."
ORS 227.178 (3) (a) states, in relevant part:
"... approval or denial of the application shall be based upon the standards and criteria
that were applicable at the time the application was first submitted."
DAVIS, HEARN, SALADOFF &. SMITH
A PloreuIooI8l Corpcnlion
515 EAST MAIN STREET
ASHLAND. OREGON 87520 IP) /
(541) 482-3111 FAX (541) 488-4455 "( ~
(
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RECEIVED
SEP - 7 2006
Page - 3 -
Ashland Planninl Commission
September 7, 2006
· On June 20, 2006, Council passed and adopted Resolution No. 2006-13,
which amended Resolution No. 2005-46.
City of Ashland
Community Development
· In July of 2006, Applicant's condominium conversion application was filed
with the Planning Department. This followed pre-application conferences
with Staff months before, and review of the proposal by the Housing
Commission on June 19,2006.
· The published criteria by which this application must be judged are set
forth in ALUO ~ 18.24 (R-2 Zoning); and ALUO ~ 18.104 (Conditional Use
Permits). See: Staff Report.
ALUO 118.24 - R-2 Low Density Multl-Famlly Residential District
· 18.24 identifies the uses permitted in the relevant R-2 residential zone.
· 18.24.030 - Conditional Uses
"The following uses and their accessory uses are permitted when
authorized in accordance with the chapter on conditional use
permits:
* * *
"J. Condominium conversion of existing rental units subject to a
Type I procedure and demonstration that at least 25% of the
residential units are affordable for moderate income persons in
accord with the standards established by resolution of the Ashland
City Council through procedures contained in said resolution.
Current residents of rental units proposed for conversion to
condominiums shall have first right of refusal to purchase the unit.
(Ord. 2624 52,1991)."
· Applicant's application meets the above criteria concerning the standards
established by Council resolutions in effect on the date the application
was filed. ORS 197.195 (4); ORS 227. 178(3)(a).
ALUO 118.104 - Conditional Use Permits.
· 18.104.010 Conditional Use Permits Generally
"Certain uses are permitted in each zoning district only as conditional
DAVIS, HEARN, SALADOFF It SMITH
A I"rofftIionel Cotpcntion
515 EAST MAIN STREET
ASHLAND, OREGON 81520 ~ '7
(541)4&2-3111 FAX (541)488-<<55
(
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RECEIVED
SEP - 7 2006
Paae - 4 -
Ashland PlanninS Commission
September 7, 2006
u.... This chapter provides substantive approval criteria by whtch
applications for conditional use permits are to be evaluated, and describes
applicable procedures. No conditionally permitted use may be
established, enlarged or altered unless the city first issues a conditional
use permit In accordance with the provisions of this chapter." . .
City of Ashland
Community Development
· 18.104.020 Conditional Use Permit Definitions
"The following are definitions for use in this chapter.
A. "Impact Area" - That area which is immediately surrounding a
use, and which may be impacted by it. All land which is within the
applicable notice area for a use is included in the impact area. In
addition, any lot beyond the notice area, if the hearing authority
finds that it may be materially affected by the proposed use, is also
included in the impact area.
B. "Target Use" - The basic permitted use in the zone, as defined
below.
* * *
3. R-2 and R-3 Zones: Residential use complying with all ordinance
requirements, developed at the density permitted by the
zone. "
· The above criteria dictate that the "impact area" for consideration by the
quasi-judicial body be limited in geographical scope to the immediately
surrounding neighborhood within the notice area.
· 18.104.050 Approval Criteria
"A conditional use permit shall be granted if the approval
authority finds that the proposed use conforms, or can be
made to conform through the imposition of conditions, with
the following approval criteria.
A. That the use would be in conformance with all standards within
the zoning district in which the use is proposed to be located, and
in conformance with relevant Comprehensive plan policies that are
not implemented by any City, State, or Federal law or program.
B. That adequate capacity of City facilities for water, sewer, paved
access to and through the development, electricity, urban storm
DAVIS. HEARN, SALADOFF &: SMITH
A ~ Corp<ntion
515 EAST MAIN STREET
ASHLAND, OREGON 117520
(541)482-3111 FAX(541)~55 ~ f
(
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RECEIVED
SEP - 7 2006
Page - S -
Ashland Plannb., Commission
September 7, 2006
drainage, and adequate transportation can and wiH be provided to
and through the subject property.
City of Ashland
Community Development
C. That the conditional use will have no greater adverse material
effect on the livability of the impact area when compared to the
development of the subject lot with the target use of the zone.
When evaluating the effect of the proposed use on the impact
area, the following factors of livability of the impact area shall be
considered in relation to the target use of the zone:
1. Similarity in scale, bulk, and coverage.
2. Generation of traffic and effects on surrounding streets. Increases in
pedestrian, bicycle, and mass transit use are considered beneficial
regardless of capacity of facilities.
3. Architectural compatibility with the impact area.
4. Air quality, including the generation of dust, odors, or other
environmental pollutants.
5. Generation of noise, light, and glare.
6. The development of adjacent properties as envisioned in the
Comprehensive Plan.
7. Other factors found to be relevant by the Hearing Authority for review of
the proposed use."
· 18.104.050 dictates that a conditional use permit "shall" be granted if the
project conforms to the listed legal criteria.
· As set forth in attached Exhibit "A", the stated grounds for the appeal is
based exclusively on Appellant's contention that the application fails to
meet the criteria established in LUO 18.104.050 C.
· The "livability" analysis is limited to comparison of the project to the "target
use of the zone." 18.104.050 C. The target use of the R-2 zone is multi-
family residential. Converting the existing apartments to condominiums
will not alter the physical impact of the existing structures on the
neighborhood in any way. Condominium conversion will not alter the bulk,
scale, coverage, architecture, air quality, noise, light, glare, or the
development of adjacent properties. Only the legal ownership
DAVIS, HEARN, SALADOff &. SMITH
A I'IoM8ion8I Corpcntion
515 EAST MAIN STREET
ASHlAND, OREGON 87520
(541) 482.3111 FAX (541) 488-<4455
~9
(
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RECEIVED
SEP - 7 2006
Page-6-
Ashland Planning Commission
September 7, 2006
City of Ashland
Community Development
arrangement wtlt change. The conversion process Is allowed by state law
and existing CIty laws. New condo conversion rules cannot be Imposed
absent the Council completing the required public process: holding the
required public hearings, completing Council discussion and passage of a
condo conversion ordinance by majority vote, processing the ordinance
through first and second reading, formally adopting the final version of an
ordinance, and signature by the Mayor. Application of potential
regulations which do not yet exist - an may never exist - In legally
Inappropriate.
· Appellant argues that the Commission should use the "catchall" phrase
reflected in 18.104.050 (C) (7) as a conduit to apply criteria to this
application which does not even exist today, and which obviously was not
In effect on the day the application was filed. Such action would violate
state law ORS 197.195 (4); ORS 227. 178(3)(a). It would also creates a
dangerous new precedent. Virtually any land use application could be
denied on the basis that it fails to meet some "secret criteria." Further,
Oregon's land use system requires that land use regulations must be
reviewed by the Department of Land Conservation and Development for
compliance with State goals and administrative rules. Democratic
principles further require that new laws be codified by the legislative body
only after proper notice and public hearings.
· 18.104.060 Conditions of Approval
"The conditions which the approval authority may impose include, but are
not limited to the following:
A. Regulation and limitation of uses.
B. Special yards, spaces.
C. Fences and walls.
D. Dedications, including the present or future construction of streets and
sidewalks and bonds for such construction or irrevocable consent
improvement petitions for such improvements.
E. Regulation of points of vehicular and pedestrian ingress and egress.
F. Regulation of signs.
G. Regulation of building materials, textures, colors and architectural features.
H. Landscaping, including screening and buffering where necessary to
increase compatibility with adjoining uses.
I. Regulation of noise, vibration, dust, odors or similar nuisances.
J. Regulation of hours of operation and the conduct of certain activities.
K. The period of time within which the proposed use shall be developed.
L. Duration of use.
DAVIS, HEAR.N, SALADOFF & SMITH
A Prol'MeIoMI Corpcntion
515 EAST MAIN STREET
ASHLAND, OREGON 97520
(541)482-3111 FAX (541)488-4455 go
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SEP - 7 2006
Page - 7 -
Ashland PIlDDing Commission
September 7, 2006
M. Pnaservation of natural vegetative growth and open space.
N. Any condition permitted by Section 18.72, Site Design.
O. Such other conditions as will make possible the development of the city
In a orderiy and efficient manner and in accordance with the provisions of
this Title. "
City of Ashland
Community Development
· All of the suggested conditions 18.104.060 relate to the physical effect of
the project on the surrounding neighborhood. Since this project is already
in existence, it will have no additional physical impact on the
neighborhood.
· Subsection "0" above, the "catchall provision" is nevertheless limited to
those conditions which will make orderiy and efficient development of the
City possible. It is also limited to conditions which are in accordance with
the land Use Ordinance, and does not extend to arbitrary "public policy"
issues outside the Municipal Code.
Appellant's Standing
· As a basic proposition, in order to have standing to appeal a land use
decision in Oregon, the Appellant must demonstrate that the decision will
have a practical effect on his interests.3 While appellant has a right to
call this matter up, the "practical effect" standard is of concern under the
circumstances.
3 Utsey v. Coos County, 176 Or.App. 524, 546-47, 32 P3d 933 (2001), rev dismissed, 335
Or 217 (2003) (any party seeking review under ORS 197.850 ofa decision by
LUBA must satisfy the constitutional requirement that the decision will "have a
practical effect" on that party.)
DAVIS, HEARN, SALADOFF & SMITH
A PYofeMioneI CorponItion
515 EAST MAIN STREET
ASHlAND. OREGON 97520
(~1)482-3111 FAX(~1)~55 ~ I
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City of Ashland
Community Development
· Applicant respectfully requests that the application be approved.
Enclosure: as stated
cc: CUents
Appeflant
Respeclfully Submitted,
DAVIS, HEARN, SALADOFF & SMITH
A Professional Corporation
Chris
CHRISTIAN E. HEARN
cheam@davisheam.com
DA VIS,IkADI, SALAIIOfF A SNIT"
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Planning Department, 51 WinC'} Way, Ashland, Oregon 97520
541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900
(-',
CITY OF
ASHLAND
PLANNING ACTION: #2006-1294
SUBJECT PROPERTY: 719 P.rk Street
OWNER/APPLICANT: Park Street Apattments LLClUrban Development Services LLC
DESCRIPTION: Request for a Condltlon.' Use Permit to convert thirty (30) existing apartments to thirty (30)
condominium units for the property loc.ted at 719 Park St. COMPREHENSIVE PLAN DESIGN A TION: Multi-F.mily
Residential; ZONING: R-2-P; ASSESSOR'S MAP # 39 1E 15 AA; TAX LOT: 5200. APPLICANT: Park Street
Apartments LLClUrban Development Services LLC
ASHLAND PLANNING COMMISSION MEETING: September 12, 2006, 7:00 PM, Ashland Civic Center
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Notice is hereby given that a PUBLIC HEARING on the following request with respect to the ASHLAND LAND USE ORDINANCE win be held before the
ASHLAND PLANNING COMMISSION on meeting date shoY.In above. The meeting will be at the ASHLAND CIVIC CENTER. 1175 East Main Street, Ashland,
Oregon.
The ordinance aiterla applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application.
either in person or by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue. precludes your right of
appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right
of appeal to LUBA on that aiterlon. Failure of the applicant to raise oonstitutional or other issues relating to proposed conditions of approval with sufficient
spec/f/city to allow this Commission to respond to the issue precludes an action for damages in circuit court.
A copy of the application, all dcia.ments and evidence relied upon by the applicant and applicable aiterla are available for inspection at no cost and will be
provided at reasonable cost. If requested. A copy of the Staff Report will be available for Inspection seven days prior to the hearing and wIH be provided at
reasonable cost, if requested. All materials are available at the Ashland Planning Department. Community Development and Engineering Services. 51
Wilburn Way. Ashland. Oregon 97520.
During the Public Hearing. the Chair shall allow testimony from the applicant and those In attendance ooncemlng this request. The Chair shall have the right
to limit the length of testimony and require that comments be restricted to the applicable criteria. Unless there is a continuance. If a participant so requests
before the conclusion of the hearing. the record shall remain open for at least seven days after the hearing.
In compliance with the American with Disabilities Act, If you need special assistance to participate in this meeting. please contact the City Administrator'. oIice
at 541-488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting wlH enable the City to make reasonable arrangements to
ensure accessibility to the meeting. (28 CFR 35.102.-35.104 ADA TlUe I).
If you have questions or comments concerning this request. please feel free to contact Susan Yates at the Ashland Planning Department. 541-488-5305.
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18.104.050 Approval Criteria
A conditional use permit shall be granted If the approval authority finds that the proposed use conforms, or can
be made to conform through the Imposition of conditions, with the following approval criteria.
A. That the use would be In conformance with all standards within the zoning district In which the use Is proposed
to be located, and In confonnance wJth relevant Comprehensive plan poJldes that are not Implemented by any
City, State, or Federat law or program.
B. That adequate capacity of City facflltles for water, sewer, paved access to and through the development,
electricity, urban storm drainage, and adequate transportation can and will be provided to and through the
subject property.
C. That the conditional use will have no greater adverse material effect on the livability of the impact area when
compared to the development of the subject lot with the target use of the zone. When evaluating the effect of the
proposed use on the Impact area, the following factors of livability of the Impact area shall be considered in
relation to the target use of the zone:
1. Similarity In scale, bulk, and coverage.
2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use
are considered beneficial regardless of capacity of facilities.
3. Architectural compatibility with the Impact area.
4. Air quality, Including the generation of dust, odors, or other environmental pollutants.
5. Generation of noise, light, and glare.
6. The development of adjacent properties as envisioned in the Comprehensive Plan.
7. Other factors found to be relevant by the Hearing Authority for review of the proposed use.
a4-
G:\comm-devlplaJminglNoticcs MaiIcdI2006I2006-O 1294 9-12-06.doc
PA#2OO6-01294 391E15AD 1800
ALLEN BARBARA A
375 LlTIIIA WAY
ASHLAND,OR97520
PA#2006-01294 391ElSAA 90004
BEAVER JAMES R/NANCY LEE
PO BOX 384
ASHLAND, OR 97520
PA#2OO6-01294 39IE15AD 2000
BRODEUR/BRODEUR INC
1801 SISKIYOU BLVD
ASHLAND, OR 97520
PA#2OO6-01294 391E15AA 70008
CUNHA TIM/REGENT-CUNHA MUSS
512 BLUE RIDGE CT
V ACA VILLE, CA 95688
P A#2oo6-01294 39IE15AA 4901
ENGLE GREGORY J/JAMIE B
756 PARK ST
ASHLAND, OR 97520
PA#2OO6-01294 391E15AA 5102
GRIMSHAW JOHN V/GRIMSHA W
PO BOX 1014
ASHLAND, OR 97520
PA#2OO6-01294 391E15AA 90008
HEINE BRYAN
2705 CLAY CREEK WAY
ASHLAND, OR 97520
PA#2OO6-01294 391E15AA4700
HUFFMAN ELGYN R
722 PARK ST
ASHLAND, OR 97520
PA#2oo6-01294 391E15AD 1803
KENNEDY KATHERINE M TRUSTEE
320 E MAIN ST
ASHLAND, OR 97520
PA#2oo6-01294 391E15AA 6806
LANG ERIC G
686 NORMAL A VB
ASHLAND, OR 97520
,r'
PA#2006-01294 391E15AB 3002
BARGER KEVIN
731 NORMAL AVE
ASHLAND, OR 97520
PA#2006-01294 391ElSAA4403
BETLEJEWSKI FRANK
P o BOX 604
ASHLAND, OR 97520
PA#2006-01294 39IE15AA 5000
CAMPBELL ERIC J
768 PARK ST
ASHLAND, OR 97520
PA#2OO6-01294 391E15AA 70004
DALLAS SHARON AlEASTER JEFFREY
3109 CAPITAL A VB
MEDFORD, OR 97504
PA#2OO6-01294 391E15AA 5600
FARMER JOHN/GEORGENE
717 PARK ST
ASHLAND, OR 97520
PA#2OO6-01294 391E15AA 4600
HAKES DAVE E/RO-DEAN R
718 PARK ST
ASHLAND, OR 97520
PA#2006-01294 391E15AA 5500
HOSKINS H ANTHONY
6155 PLUMAS ST 108
, RENO, NY 89509
PA#2OO6-01294 39IE15AA 7100
JONATHAN LANDES CONSTRUCTION
796 LmERTY ST
ASHLAND, OR 97520
PA#2oo6-01294 39IE15AA 70001
KLIMEK RICHARD W
121 WALNUTPL
PHOENIX, OR 97535
PA#2OO6-01294 391E15AA 90005
LEVICH NAOMI
663 PARK ST 5
ASHLAND, OR 97520
35
(- :
PA#2006-01294 391ElSAA 6805
BEATTY TIM RlCINDY D
75107 OREGON LN
IRRIGON, OR 97844
PA#2006-01294 391ElSAA4200
BLACK SYLVIA ANN TRSTEE FDO
660 PARK
ASHLAND, OR 97520
PA#2OO6-01294 391E15AA 70003
COMPTON DAVID MARK
730 NORMAL AVE
ASHLAND, OR 97520
PA#2OO6-01294 391E15AA 5201
DICOSKEY BRUCE TRUSTEE ET AL
745 PARK ST
ASHLAND, OR 97520
PA#2006-01294 391E15AA 4802
GIES BRIAN
730 PARK ST
ASHLAND, OR 97520
PA#2OO6-01294 39IE15AA 4500
HAKES REENA I/DARIN T
700 PARK ST
ASHLAND, OR 97520
PA#2OO6-01294 391E15AA 6809
HUFF HELEN F TRUSTEE
7636 BODEGA A VB
SEBASTOPOL, CA 95472
PA#2OO6-01294 391E15AA 80001
KENNEDY KATHERINE M TRUSTEE
320 E MAIN ST
ASHLAND, OR 97520
PA#2oo6-01294 391E15AA 4900
KNOROSKI JOHN J TRUSTEE
864 MORTON ST
ASHLAND, OR 97520
PA#2OO6-01294 391E15AA 90007
LITHMAN ESTHER ET AL
669 PARK ST
ASHLAND, OR 97$20 .,..f,\ ()
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CIv' \'iOl
'f' \J
P.+Jf399' 91a91 J9UUf.\B J~91
U\~K: gPPoalWlI11a INC
P08~ 19~
l."n",~, OR 97191
RETURNED 7-28-Q6
PA#2006-0129<4 391E15M 70006
LOVETT RICHARD PAUL TRUSTEE ET
PO BOX 427
ASHLAND, OR 97520
PA#2oo6-Q1294 391E15AA 70007
MCLEAN KEVIN
738 NORMAL ST
ASHLAND, OR 97520
PA#2oo6-01294 39IE15AA 4402
MEYER KlRT
678 PARK ST
ASHLAND, OR 97520
PA#2oo6-01294 39IE15AA 5200
PARK STREET APARTMENTS LLC
185 MISTLETOE
ASHLAND, OR 97520
PA#2oo6-01294 391E15AA 4800
PAUL SARAH TRUST
750 PARK ST
ASHLAND, OR 97520
PA#2OO6-01294 391E15AA 7000
ROTH JAMES A TRUSTEE
3231 TOLMAN CREEK RD
ASHLAND, OR 97520
PA#2oo6-01294 391E15AA4801
SCHILLING FREDERICK
740PARKST
ASHLAND, OR 97520
PA#2oo6-01294 391E15AA 6801
SORIA MIGUEUMARIA C
205 ASTOR WAY
SALINAS, CA 93906
PA#2oo6-Q1294 391E15AA 6701
WARNER MICHAEL J/DIANA G
678 NORMAL AVE
ASHLAND, OR 97520
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PA#2006..()1294. 391E15AA 70002
LOVETT RICHARD PAUL TRUSTEE ET
PO BOX 427
ASHLAND, OR 97520
PM2006-012H 391E15M 4501
MAC CORMACK MARSHA F
250 NEIL CREEK RD
ASHLAND, OR 97520
PA#2oo6-Q1294 391E15AA 6810
MCLEOD CATHERINE
694 NORMAL AVE
ASHLAND, OR 97520
PA#2oo6-01294 391E15AA 6700
NORMAL SEVEN LLC
P o BOX 548
ASHLAND, OR 97520
PA#2OO6-Q1294 39lE15AA 6807
PATTERSON CLARENCE 0 - TRUSTEE
6830 HWY 66
ASHLAND, OR 97520
PA#2OO6-01294 391E15AA 90003
RAY ANNEB
370 SKYLARK LN
W A YNESVILLE, NC 28786
PA#2oo6-Q1294 391E15AD 1804
ROTH JAMES A TRUSTEE
3231 TOLMAN CREEK RD
ASHLAND, OR 97520
PA#2oo6-Q1294 391E15AD 1802
SCHWIMMER GERTRUDE S TRUSTEE
759 PARK ST
ASHLAND, OR 97520
PA#2006-Q1294 39lE15AA 6804
STOW ASSER RY AN/SATLER
682 NORMAL AVE
ASHLAND, OR 97520
PA#2006-Q1294 391E15AA 90006
WELTMAN MIKE TRUSTEE ET AL
661 PARK ST
ASHLAND, OR 97520
3~
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PA#2006-01294 391E15AA 70005
LOVETT RICHARD PAUL TRUSTEE ET
PO BOX 427
ASHLAND, OR 97520
PA#2006-01294 391ElSAB 3100
MCCLURE STUART ET AL
1765 SISKIYOU BLVD
ASHLAND, OR 97520
PA#2OO6-01294 391E15AA 90001
MELTON PAMELA ANN
PO BOX 3017
ASHLAND, OR 97520
PA#2oo6-Q1294 391E15AA 5701
OWENS LEROY DIMARY 10
667 PARK ST
ASHLAND, OR 97520
PA#2OO6-01294 391E15AA 6808
PATTERSON DEBRA L
690 NORMAL A vB
ASHLAND, OR 97520
PA#2006-01294 39lE15AA 4300
REINHOLDT ROBERT B TRUSTEE ET
270 SKYCREST DR
ASHLAND, OR 97520
PA#2006-01294 39lE15AA 6811
SA TLER SERGIO TRUSTEE FBO
PO BOX 3157
ASHLAND, OR 97520
PA#2006-Q1294 391E15AA 5100
SIERKA R DOUGLAS/ANN D
307 HILLCREST
ASHLAND, OR 97520
PA#2006-01294 391E15AA 90002
TUCKER DIANNE C
657 PARK ST
ASHLAND, OR 97520
PA#2OO6-01294 391E15AA 5300
WOODING GEORGE/ICHlUn NANCY
11 DELLABRooK A VB
SAN FRANCISCO, CA 94131 4Jx... (
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hi. ~ A \li:H/
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PA#2006-01294 391E15AA S400
WOODING MARY RUTH
727 P AJU{ ST
ASHLAND, OR 97520
(", P.+Jt.1QQ' 91~1 19UiU/...h 7QQQ9
"~RiME; f
731 )JON.~ .+.oW
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RETURNBD
P N#2006-01294
HOFFBUHR &. ASSOCIATES
880 GOLFVIEW DRIVE
MEDFORD, OR 97504
37
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P A#2006-0 1294
URBAN DEVELOPMENI' SERVICES
320 EAST MAIN ST SUITE 202
ASHLAND, OR 97520
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AFFIDAVIT OF MAILING.
STATE OF OREGON
County of Jackson
The undersigned being first duly sworn states that:
1. I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Depart!11ent.
2. On August 23, 2006, I caused to be mailed, by regular mail, in a
sealed envelope with postage fully prepaid, a copy of the attached Findings to
each person listed on the attached mailing list at such addresses as set forth on
this list under each person's name for Planning Action #2006-01294, 719 Park St.
/l -< G ,-----
,v t J<1'~ ~-L<~
Signature of ~ ployee
SIGNED AND SWORN TO before me this 23rd day of August, 2006.
:,.f'l. .;"I(.""",5-!lo..~~".' '-Y'fI!IiI'>, -'-~~
_ U!+ICIAL SEAL
B. BOSWELL
NOTARY PUBLlc-oREGON
COMMISSION NO. 391525
MY COMMISSION EXPIRES APR. 07, 2009
~~
Notary Public for State of q~.e99n a
My Commission Expires: /.f-l-O I
Comm-Dev\Planni ng\ Templates
31
ATTN: LEGAL PUBLlCATI()S (ANDREA)
PUBLIC HEARING NOTICE
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NOTICE IS HEREBY GIVEN that a Public Hearing on the following items with respect to the Ashland
Land Use Ordinance will be held before the Ashland Planning Commission, September 12, 2006 at 7:00
p.m. Civic Center, 1175 East Main Street, Ashland, OR. At such Public Hearing any person is entitled
to be heard.
Site Review approval to construct a mixed-use development comprised of 7,841 square feet of general office space and six residential
condominiums for the property located at 160 Helman St.
Outline. Plan approval under the Performance Standards Options Chapter 18.88 to subdivide the property into 14 lots including 13 lots for
single-family homes and one lot for open space purposes for the property located at 203 N. Mountain Ave. A Lot Line Adjustment is
included in the proposal to incorporate the western end of the parcel located at 185 N. Mountain Ave (Havurah Shir Haddash Jewish
Temple) into the subdivision. A Tree Removal Permit is requested to remove a 4D-inch diameter at breast height Black Walnut tree in the N.
Mountain Avenue street right-of-way adjacent to the front of the property located at 203 N. Mountain Ave.
ditional Use Permit to convert thirty (30) existing apartments to thirty (30) condominium units for the property located at
Request for a modification of a previously approved Site Review (P A2005-01673) for a mixed-use commercial and residential development
located at 1651 Ashland St, within the Detail Sije Review Zone. The previous approval was for two, three-story mixed-use commercial and
residential buildings consisting of offICe and retail uses on the ground floors, and a total of 23 residential units on the first, second and third
floors. The modifications to the original approval proposed here involve a redesign of the south elevation, along the Ashland Street side of
Building #1, and the conversion of two of the four affordable unijs to an alternative affordability standard being proposed by the applicant.
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 (TlY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the dty to
make reasonable arrangements to ensure accessibility to the meeting (28 CFR
35.102-35.104 ADA Title I).
By order of the Planning Manager
Bill Molnar
Publish: 8/31/06
Date e-mailed: 8/24/06
Purchase Order: 70344
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CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
HEARINGS BOARD
MINUTES
AUGUST 8, 2006
CALL TO ORDER - Vice Chair Michael Dawkins called the meeting to order at 1 :35 p.m. at the Ashland Civic Center, 1175 E.
Main Street, Ashland, OR.
Commissioners Present:
John Fields, Chair
Michael Dawkins
John Stromberg
Council Liaison:
Kate Jackson, (Council Liaison does not attend
Planning Commission meetings in order to avoid
conflict of interest.)
Absent Members:
None
Staff Present:
Bill Molnar, Interim Planning Director
Derek Severson, Associate Planner
Angela Barry, Assistant Planner
Sue Yates, Executive Secretary
APPROVAL OF MINUTES - StromberglDawkins m/s to approve the minutes of the July 11,2006 Hearings Board. The minutes
were approved as written.
TYPE I PLANNING ACTION
PLANNING ACTION #2006.01294
REQUEST FOR A CONDITIONAL USE PERMIT TO CONVERT THIRTY (30) EXISTING APARTMENTS TO THIRTY (30) CONDOMINIUM
UNITS FOR THE PROPERTY LOCATED AT 719 PARK STREET.
OWNER/APPLICANT: Park Street Apartments, LLC I Urban Development Services, LLC
This action was called up for a public hearing.
PLANNING ACTION 2006-01293
REQUEST FORA LAND PARTITION TO CREATE TWO SINGLE-FAMILY PARCELS, FOR THE PROPERTY LOCATED AT 2331
MORADA LANE.
APPLICANT: SCHUMACHERNANLANDINGHAM
This action stands approved. Stromberg wondered if signing to not remonstrate is legal. Molnar said he knew that issue had
been raised with the Council and an interest on their part to look at the LID process, but Staff has not had any direction from
the Legal Dept. to treat the agreements any differently than in the past.
John Fields arrived and chaired the meeting.
TYPE II PUBLIC HEARINGS
PLANNING ACTION 2005-01869
REQUEST FOR A LAND PARTITION TO CREATE THREE PARCELS FOR THE PROPERTY LOCATED AT 1751 DRAGONFLY LANE.
A VARIANCE IS ALSO REQUESTED TO EXCEED THE MAXIMUM OF THREE LOTS PERMITTED TO USE A FLAG DRIVE
(DRAGONFLY LANE).
APPLICANT: PEGGY GEORGE
Ex Parte Contacts & Site Visits. Dawkins had a site visit.
STAFF REPORT
Severson said there was a request from Chris Hearn, a neighbor's attorney, requesting this action be called up by the Hearings
Board to the Full Commission for a public hearing. Severson spoke with Hearn prior to the meeting and he said he and his
client are agreeable to moving ahead with today's hearing.
The applicant's proposal, site description and Staff comments are contained in the Staff Report provided in the packet. In
addition to requesting a three lot partition, the applicant is also requesting an Exception to Street Standards. The parent parcel
has legal access via the flag drive to Crestview, but the functional access is strictly by easement over Dragonfly Lane, a private
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RUTII M. MILLER
RECEIVED
JUL 2 8 2006
PlHLIP C. LANG. LC,I)W
758 B Street · Ashland, Oregon 975'20
Residence 541 · 48'2-8659
Officc!fax 541 · 48'2-5387
July 28, 2006
To: Planning Dept. (Filed with City Council Clerk-7/28/06)
Re.: PA 2006-01294
This is an addition to my calling this PA up on 7/21/06.
I have been told to cite specific reasons. They are as follows:
.1. 18.104.050 C. Adverse material effect on livability of impact area
when compared to the target use of the zone.
2. 18.104.050 C. 7 . "Other factors found to be relevant'
a) It has been public policy, as expressed in prior actions of
exactly this sort to deny the action because of the loss of
affordable units.
b) It is against stated public policy - about to be ("c~dified into law.
c) It reduces' affordable rental housing by converting the units
to condos, likely to be purchased by the rich as much higher-
priced rentals. (Working people for whom these units are suitable
cannot afford to buy them. The wealthy who can will certainly
not buy them for their own residential use - but as much higher
riced rental un' This has been a consistent pattern in Ashland).
41
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CITY OF
ASHLAND
Jvly 28. 2006
PhIlp Lang
758 B snet
Ashland, OR 97520
Fax482-5387
Dear Mr. Lang
RE: Your request for a hearing on Planning Application #2006-01294
I have reviewed your request for a public hearing regarding planning application 2006-01294. I am concerned that the request does not
satisfy the following requirements for a public hearing request as desaibed 18.108.040 8.3.and 18.108.030.84:
18.108.040 B.3
3. Notice of the decision shall be mailed within seven days of the decision to the persons described in section 18.108.030.8.3.
The notice shall contain the information required in section 18.108.030.8.2 plus a statement that unless a public hearing is
requested, the action will be reviewed by the Commission. Persons to whom the notice is mailed shall have 10 days from the
date of mailing in which to request a public hearing before the Commission. Reauests for I DUbllc hearlna .hlll confonn to
the reaulrements'of HCtIon 18.108.03O.B.4.
18.108.030 B.4
4. Persons to whom the notice is mailed shall have 10 days from the date of mailing in which to request a public hearing.
Requests for a public hearing shaH meet the following requirements:
a. The request shall be filed by the date speclfied in the notice of decision.
b. The request shall be in writing and inetude the appeIIanfs name. address, the file number of the planning action IDSUbl
sDeClflc Gl'Qundl for which the decision should be revtrHd or modified. baud on the aDDlIclbI. criteria or DI'OCedural
Irreaularltv .
Your July 21, 2006 request for a hearing failed to identify the applicable aiteria upon which the request was based. In order for your
request to be valid. please address the relevant requirements as identified above by the JulY 31. 2006. 4:30 D.m. deadline.
".. .-- -" '~'~'-" .......~.."'.
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541.552.2042 or bill@ashland.or.us
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cc:
~ - Mike Franell
Bill Molnar, Interim Director
CommunIty DInIopnllllt Dept. rei: 541~-2043
51 WInburn Way FIX: 541~-2050
AshIInd. ar.gon 97520 TTY: 800-735-2900
www.ashland.or.usbill@ashland.or.us
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URBAN DEVELOPMENT SERVICES, LLC
320 East Matn Street, Suite 202 Ashland, Oregon 97520
Mr. Philip C. Lang
758 B Street
Ashland, OR 97520
July 27,2006
RE: PA 2006-01294
Dear Mr. Lang,
We received your letter dated July 21,2006 in which you state that you are appealing the City of
Ashland's approval ofPA 2006-01294. This project is required to meet the current criteria for
conversions and upon the Planning Departments review it does exactly that. Therefore, Staffhas
approved the project.
Your appeal does not point out any criteria that are unsatisfied and therefore, we believe after much
consumption of time and resources during an appeal, the record will reflect 'that the Staff approval is
valid and it shall be upheld. You do appear to have overall concerns about affordable units and
workforce housing, both of which are serious issues that the City of Ashland is grappling with
today. We address those points as they relate to this particular project below.
To address your first concern; "that the units be replaced with affordable units ", it is important to
note that the property owner will make available 26.6% of the units (8 units of their 30 units) to
households earning 80% of the AMI. This is required in the existing criteria. This equates to 8
affordable units being added to the affordable unit inventory within the city. Deed restrictions shall
be recorded on each of these 8 units to ensure that the units remain affordable for 30 years.
Regarding your second concern that the conversion itself "will lead to home ownership for working
people of moderate means", this is a matter not addressed in the criteria at all. The city does not
define "Workforce Housing" nor does it define the AMI that would qualify a person to fit into a
"workforce housing" class.
Many of us in town figure that workforce wages are those of teachers, policeman, fireman, utility
workers, I.E. folks who earn too much to qualify for the "affordable housing" program but do not
earn enough to purchase a detached single family home at current market prices. You, and many of
us, are concerned that the affordable programs misses these people and solutions are needed to fix
this social problem within our City. This topic of workforce housing deserves significant attention
by the Mayor, City Council, and Ashland citizens; however, the appeal of this particular planning
action will not accomplish nor solve this issue, this project is, required to meet current criteria and it
does that.
The land use process does not allow a single landowner to pick and choose which Ordinances work
best, the process requires that the landowner follow current criteria, just as this projec~Qq\YED
Perhaps in the near future, the City Council will adopt an Ordinance addressing "W or~~fl
Phone: 541-482-3334
Fax: 541-482-3336
M. 28.
13
CIty d Ashland
ODmmunlty Developr'rM
t
Housing", at that time it will be the best path the City Council can foresee to achieve their goals and
you can be assured that we will encourage our clients to follow those criteria to the letter.
In conclusion, the City is starting to focus on this conversion type of land use action and, in fact,
recently held a study session to determine where the system is failing and where it is succeeding.
No doubt this debate will continue during the course of the coming year and a solution and potential
ordinance change may come of all this communication. In the meantime, we will continue to
submit land use projects based on the existing criteria and will adapt our applications to meet new
ordinances as changes are made. An appeal is an important land use tool that allows the appellant
to point out criteria that the applicant has not satisfied. We believe an appeal of this project is not
the appropriate tool to solve larger social issues in Ashland. The City Council is tasked with
solving City wide social issues and as land use planners and residents of Ashland; we will continue
to contribute whenever possible. We hope you do as well.
Please note I copied the City of Ashland Planner who is working on this project so that she is aware
that we have responded to your letter. Please do not hesitate to write with questions or if you have
further information that you would like us to address.
Regards,
Mark Knox
Managing Member
cc: Amy Anderson along with copy of Mr. Lang's original letter
RECEIVED
JUL 2 8 ZOOS
Phone: 541-482-3334
City of Ashland
Fax: 541 - 482 - ~unjty Development
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RCT" M. MILLER
PIlILlP C. I..:\NC. I.c~\r
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July 21, 2006
Mark Knox DBAUrban Dev. Svcs.
320 East Main - Ste. 202
Ashland, Oregon 97520
Re.: PA 2006-01294
Dear Mr. Knox:
My son's (and my) property at 686 Normal was given notice on the above
captioned planning action.
I have filed for a public hearing on our behalf.
I am more than willing to withdraw the request if I can be satisfied
that the current rental units will be replaced by affordable housing, viz.
that the condominium conversion will lead to home ownership for
working people of moderate means rather than a quick way to maximize
profit on the property and get out.
There is no information on rents or proposed selling prices in the file.
As you must know I have the resources to pursue this through all the
stages of appeal. As you also know, affordable housing has been an
important issue for me since 1985.
P.S. Given my lengthy prior experiences with planning and developers, I
would prefer that our discussions and exchanges occur in writing.
Thanks,
RECEIVED
JUL 2 8 _
4Ii
CIty d Ashland
Community DevelopmeIt
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URBAN DEVELOPMENT SERVICES, LLC
320 East Main St. Suite 202 Ashland, OR 97520
July 25, 2006
719 Park Street Tenants & Neighbors
My name is Mark Knox and I'm a local Land Use Planner representing the property owners of the
apartments at 719 Park Street in Ashland. The property owners have recently requested a
Conditional Use Permit from the City of Ashland requesting approval to convert all of the site's
apartments into condominiums. The property owners would like to invite you and your neighbors to
an informal meeting on Friday night, 6:00 p.m., July 28th to discuss what this means to you.
However, until that time, please understand the property owners have no intention to make
immediate changes and, in reality, are proposing the conversion primarily for financing reasons.
The meeting will take place in the rear of the property next to the playground area. Hope to see you
then. However, if you can not make it, please do not hesitate to contact me or Mark DiRienzo at
482-3334.
Sincerely,
Mark Knox
Project Planner
Urban Development Services, LLC
cc: City of Ashland Staff (e-mail)
RECEIVED
....
CIty d AeHand
~Oewlap.."
Phone: 541-482-3334 Fax: 541-482-3336
'-Ita
RUTI1 M. MILL"ER
758 B Street · Ashland, Orq~on 97520
Residence 541 · 48'2-8659
Officc!fax 541 · 482-5387
July 21, 2006
To: Planning Dept.
Re.: Planning Action #PA2006-01294
PIIILIP C. LANG. LCSW
I am requesting a public heating on the above planning action.
I am representing my son, Eric G. Lang, who owns the property at
686 Normal Street of ich I am also partial owner.
~7
RECEI\'E.D
JUL ? Ii
City of p,~n!and
D Field 0 Office 0 Count~
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Planning Department, 51 ( ,burn Way, Ashland, Oregon 97520
541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900
/F
;
CITY OF
ASHLAND
PLANNING ACTION: 2006-01294
SUBJECT PROPERTY: 719 PARK STREET
OWNER/APPLICANT: Park Street Apartments, LLC / Urban Development Services, LLC
DESCRIPTION: Request for a Conditional Use Permit to convert thirty (30) existing apartments to thirty (30)
condominium units for the property located at 719 Park Street. COMPRHENSIVE PLAN DESIGN A TION: Multi-
Family Residential; ZONING: R-2; ASSESSOR'S MAP: 39 1E 15AA; TAX LOT: 5200
OWNER/APPLICANT: Park Street Apartments, LLC / Urban Development Services, LLC
ASHLAND PLANNING DEPARTMENT STAFF PRELIMINARY APPROVAL: July 19,2006
ASHLAND PLANNING COMMISSION HEARINGS BOARD MEETING: August 8, 2006, 1:30 PM
DEADLINE FOR REQUEST FOR A PUBLIC HEARING: July 31, 2006, 4:30 PM
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The Ashland Planning Department Staff have preliminarily approved this request. This planning action will be reviewed by the Ashland Planning Commission
Hearings Board on the meeting date shown above. The meeting will be at the Ashland Civic Center, 1175 East Main Street, Ashland, Oregon.
No Dublic testimonv is allowed at this review.
Any affected property owner or resident has a right to request, AT NO CHARGE, a public hearing before the Ashland Planning Commission on this
action. To exercise this right, a WRITTEN request must be received in the Planning Department, 51 Winburn Way, prior to 4:30 p.m. on the deadline
date shown above.. The written request for the public hearing must include your name, address, the file number of the planning action and the
specific grounds for which the decision should be reversed or modified, based on the applicable criteria. IF YOU DO NOT SPECIFICALLY
REQUEST A PUBLIC HEARING bv the deadline time and date stated above. there will be no Dublic testimony oermitted.
If a hearing is requested, it will be scheduled for the following month. Unless there is a continuance, if a participant so requests before the conclusion of the
hearing, the record shall remain open for at least seven days after the hearing.
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application
either in person or by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right 0
appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your righ
of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficien
specificity to allow this Commission to respond to the issue precludes an action for damages in circuit court.
A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be
provided at reasonable cost, if requested. A copy of the Staff Report will be available for inspection seven days prior to the hearing and will be provided at
reasonable cost, if requested. All materials are available at the Ashland Planning Department, Community Development and Engineering Services, 51
Winburn Way, Ashland, Oregon 97520.
In compliance with the American 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).
If you have questions or comments concerning this request, please feel free to contact Susan Yates at the Ashland Planning Department, 541-488-5305.
('
18.104.050 Approval Criteria
A conditional use permit shall be granted if the approval authority finds that the proposed use conforms,
or can be made to conform through the imposition of conditions, with the following approval criteria.
A. That the use would be in conformance with all standards within the zoning district in which the use is
proposed to be located, and in conformance with relevant Comprehensive plan policies that are not
implemented by any City, State, or Federal law or program.
B. That adequate capacity of City facilities for water, sewer, paved access to and through the
development, electricity, urban storm drainage, and adequate transportation can and will be provided to
and through the subject property.
C. That the conditional use will have no greater adverse material effect on the livability of the impact
area when compared to the development of the subject lot with the target use of the zone. When
evaluating the effect of the proposed use on the Impact area, the following factors of livability of the
impact area shall be considered in relation to the target use of the zone:
1. Similarity in scale, bulk, and coverage.
2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass
transit use are considered beneficial regardless of capacity of facilities.
3. Architectural compatibility with the impact area.
4. Air quality, including the generation of dust, odors, or other environmental pollutants.
S. Generation of noise, light, and glare.
6. The development of adjacent properties as envisioned in the Comprehensive Plan.
7. Other factors found to be reievant by the Hearing Authority for review of the proposed use.
)j1
PA#2006-01293 39lE15AD 1800
ALLEN BARBARA A
375 LITHIA WAY
ASHLAND, OR 97520
PA#2006-01293 391E15AA 90004
BEAVER JAMES RlNANCY LEE
PO BOX 384
ASHLAND, OR 97520
PA#2006-01293 39lE15AD 2000
BRODEUR/BRODEUR INC
1801 SISKIYOU BLVD
ASHLAND, OR 97520
PA#2006-01293 39lE15AA 70008
CUNHA TIM/REGENT -CUNHA M'LISS
512 BLUE RIDGE CT
V ACA VILLE, CA 95688
PA#2006-01293 39lE15AA 4901
ENGLE GREGORY J/JAMIE B
756 PARK ST
ASHLAND, OR 97520
PA#2006-01293 391E15AA 5102
GRIMSHAW JOHN V/GRIMSHA W
PO BOX 1014
ASHLAND, OR 97520
PA#2006-01293 391E15AA 90008
HEINEBRYAN
2705 CLAY CREEK WAY
ASHLAND, OR 97520
PA#2006-01293 391E15AA 4700
HUFFMAN ELGYN R
722 PARK ST
ASHLAND, OR 97520
PA#2006-01293 391E15AD 1803
KENNEDY KATHERINE M TRUSTEE
320 E MAIN ST
ASHLAND, OR 97520
PA#2006-01293 391E15AA 6806
LANG ERIC G
686 NORMAL AVE
ASHLAND, OR 97520
(
PA#2oo6-01293 39lE15AB 3002
BARGER KEVIN
731 NORMAL AVE
ASHLAND, OR 97520
P A#2oo6-01293 39lE15AA 4403
BETLEJEWSKI FRANK
POBOX604
ASHLAND, OR 97520
PA#2006-01293 39lE15AA 5000
CAMPBELL ERIC J
768 PARK ST
ASHLAND, OR 97520
PA#2006-01293 39lE15AA 70004
DALLAS SHARON A/EASTER JEFFREY
3109 CAPITAL AVE
MEDFORD, OR 97504
PA#2006-01293 391E15AA 5600
FARMER JOHN/GEORGENE
717 PARK ST
ASHLAND, OR 97520
PA#2006-01293 391E15AA 4600
HAKES DAVE E/RO-DEAN R
718 PARK ST
ASHLAND, OR 97520
PA#2006-01293 391E15AA 5500
HOSKINS H ANTHONY
6155 PLUMAS ST 108
RENO, NV 89509
PA#2006-01293 39lE15AA 7100
JONATHAN LANDES CONSTRUCTION
796 LffiERTY ST
ASHLAND, OR 97520
PA#2006-01293 391E15AA 70001
KLIMEK RICHARD W
121 WALNUT PL
PHOENIX, OR 97535
PA#2006-01293 39lE15AA 90005
LEVICH NAOMI
663 PARK ST 5
ASHLAND, OR 97520
So
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PA#2oo6-D1293 39lE15AA 6805
BEATIY TIM R/CINDY D
75107 OREGON LN
IRRIGON, OR 97844
PA#2oo6-D1293 391E15AA42oo
BLACK SYLVIA ANN TRSTEE FBO
660 PARK
ASHLAND, OR 97520
PA#2006-01293 391E15AA 70003
COMPTON DAVID MARK
730 NORMAL AVE
ASHLAND, OR 97520
PA#2006-01293 391E15AA 5201
DICOSKEY BRUCE TRUSTEE ET AL
745 PARK ST
ASHLAND, OR 97520
PA#2006-01293 391E15AA 4802
GIES BRIAN
730 PARK ST
ASHLAND, OR 97520
PA#2006-01293 391E15AA 4500
HAKES REENA I/DARIN T
700 PARK ST
ASHLAND, OR 97520
PA#2006-01293 391E15AA 6809
HUFF HELEN F TRUSTEE
7636 BODEGA AVE
SEBASTOPOL, CA 95472
PA#2006-01293 391E15AA 80001
KENNEDY KATHERINE M TRUSTEE
320 E MAIN ST
ASHLAND, OR 97520
PA#2006-01293 391E15AA 4900
KNOROSKI JOHN J TRUSTEE
864 MORTON ST
ASHLAND, OR 97520
PA#2006-01293 391E15AA 90007
LITHMAN ESTHER ET AL
669 PARK ST
ASHLAND, OR 97520
'I \ \C>.,ff.
, \\e;tJL rL
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PA#2006-01293 391E15AB 3201
LIVING OPPORTUNITIES INC
POBOX 1072
MEDFORD, OR 97501
PA#2006-01293 391E15AA 70006
LOVETT RICHARD PAUL TRUSTEE ET
PO BOX 427
ASHLAND, OR 97520
PA#2006-01293 391E15AA 70007
MCLEAN KEVIN
738 NORMAL ST
ASHLAND, OR 97520
PA#2006-01293 391E15AA 4402
MEYER KIRT
678 PARK ST
ASHLAND, OR 97520
PA#2006-01293 391E15AA 5200
PARK STREET APARTMENTS LLC
185 MISTLETOE
ASHLAND, OR 97520
PA#2006-01293 391E15AA 4800
PAUL SARAH TRUST
750 PARK ST
ASHLAND, OR 97520
PA#2006-01293 .391E15AA 7000
ROTH JAMES A TRUSTEE
3231 TOLMAN CREEK RD
ASHLAND, OR 97520
PA#2006-01293 391E15AA 4801
SCHILLING FREDERICK
740 PARK ST
ASHLAND, OR 97520
PA#2006-01293 391E15AA 6801
SORIA MIGUEL/MARlA C
205 ASTOR WAY
SALINAS, CA 93906
PA#2006-01293 391E15AA 6701
WARNER MICHAEL J/DIANA G
678 NORMAL AVE
ASHLAND, OR 97520
(,
PA#2006-01293 391E15AA 70002
LOVETT RICHARD PAUL TRUSTEE ET
PO BOX 427
ASHLAND, OR 97520
P A#2006-01293 391E15AA 4501
MAC CORMACK MARSHA F
250 NEIL CREEK RD
ASHLAND, OR 97520
PA#2006-01293 391E15AA 6810
MCLEOD CATHERINE
694 NORMAL AVE
ASHLAND, OR 97520
PA#2006-01293 391E15AA 6700
NORMAL SEVEN LLC
POBOX 548
ASHLAND, OR 97520
PA#2006-01293 391E15AA 6807
PAITERSON CLARENCE 0 - TRUSTEE
6830 HWY 66
ASHLAND, OR 97520
PA#2006-01293 391E15AA 90003
RAY ANNEB
370 SKYLARK LN
W A YNESVILLE, NC 28786
PA#2006-01293 391E15AD 1804
ROTH JAMES A TRUSTEE
3231 TOLMAN CREEK RD
ASHLAND, OR 97520
PA#2006-01293 391E15AD 1802
SCHWIMMER GERTRUDE S TRUSTEE
759 PARK ST
ASHLAND, OR 97520
PA#2006-01293 391E15AA 6804
STOW ASSER RYAN/SA TLER
682 NORMAL AVE
ASHLAND, OR 97520
PA#2006-01293 391E15AA 90006
WELTMAN MIKE TRUSTEE ET AL
661 PARK ST
ASHLAND, OR 97520
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PA#2006-01293 391E15AA 70005
LOVETT RICHARD PAUL TRUSTEE ET
PO BOX 427
ASHLAND, OR 97520
PA#2006-01293 391E15AB 3100
MCCLURE STUART ET AL
1765 SISKIYOU BLVD
ASHLAND, OR 97520
PA#2006-01293 391E15AA 90001
MELTON PAMELA ANN
PO BOX 3017
ASHLAND, OR 97520
PA#2006-01293 391E15AA 5701
OWENS LEROY DIMARY JO
667 PARK ST
ASHLAND, OR 97520
PA#2006-01293 391E15AA 6808
P AITERSON DEBRA L
690 NORMAL AVE
ASHLAND, OR 97520
PA#2006-01293 391E15AA 4300
REINHOLDT ROBERT B TRUSTEE ET
270 SKYCREST DR
ASHLAND, OR 97520
PA#2006-01293 391E15AA 6811
SATLER SERGIO TRUSTEE FBO
PO BOX 3157
ASHLAND, OR 97520
PA#2006-01293 391E15AA 5100
SIERKA R DOUGLAS/ANN D
307 HILLCREST
ASHLAND, OR 97520
PA#2006-01293 391E15AA 90002
TUCKER DIANNE C
657 PARK ST
ASHLAND, OR 97520
PA#2006-01293 391E15AA 5300
WOODING GEORGEIICHlUn NANCY
11 DELLABROOK AVE
SAN FRANCISCO, CA 94131
11/1/r.'
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,PA#2006-01293 391E15AA 5400
WOODING MARY RUTH
727 PARK ST
ASHLAND, OR 97520
PA#2006-01293
HOFFBUHR & ASSOCIATES
880 GOLFVIEW DRIVE
MEDFORD, OR 97504
(
PA#2oo6-01293 391E15AA 70000
WURFL JENISE F
724 NORMAL AVE
ASHLAND, OR 97520
5a-
l
P A#2oo6-0 1293
URBAN DEVELOPMENT SERVICES
320 EAST MAIN ST SUITE 202
ASHLAND, OR 97520
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AFFIDAVIT OF MAILING
STATE OF OREGON
County of Jackson
The undersigned being first duly sworn states that:
1. I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On July 19,2006, I caused to be mailed by regular mail, in a sealed
envelope with postage fully prepaid, a copy of the attached Findings to each
person listed on the attached mailing list at such addresses as set forth on this list
under each person's name for Planning Action #2006-001294, 719 Park Street.
a~_~~~
Signat e of Employee
SIGNED AND SWORN TO before me this 19th day of July, 2006.
~;r<'_).. ''''~''X~'ltY,;:;'to)...t''"'';';;'''''''~''.''. ':~..,.,- -~~'
JfFICIAL SEAL
B. BOSWELL
NOTARY PUBlIC-OREGON
COMMISSION NO. 391525
MY COMMISSION EXPIRES APR. 07, 2009
0s1es UveJ2J7-
Notary Public for State of Oregon
My Commission Expires: 4-7- ()Cj
Comm-Dev\Plan ni ng\ Templates
5;
ATTN: LEGAL PUBLlCATIO~ I(ANDREA)
(-
MEETING NOTICE
NOTICE IS HEREBY GIVEN that the Ashland Planning Department preliminarily approved the following
requests. The actions will be reviewed by the Ashland Planning Commission Hearings Board at 1 :30
p.m. on August 8, 2006 at the Ashland Civic Center, 1175 East Main Street, Ashland, OR. No public
testimony is allowed at this review. Any affected property owner or resident has a right to make a written
request for a public hearing before the Ashland Planning Commission prior to 4:30p.m., July 3,2006 to
the Planning Department, 51 Winburn Way, Ashland, OR.
Request for a Conditional Use Permit to convert thirty (30) existing apartments to thirty (30) condominium
units for the property located at 719 Park Street.
Request for a Land Partition to create two single-family parcels, for the property located at 2331 Morada
Ln.
In compliance with the Americans with Disabilities Act, if you need special assistance to partidpate in this meeting, please contact the Oty
Administrator's office at (541) 488-6002 (TrY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the dty to
make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I).
By order of the Planning Manager
Bill Molnar
Publish: 7/27/06
Date e-mailed: 7/20/06
Purchase Order: 70340
5~
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RECEIVED
JUL 7
City of Ashland
Community Development
PROJECT DESCRIPTION OF THE ~ROPOSED
CONDOMINIUM CONVERSION
FOR THE EXISTING PARK STREET APARTMENTS
LOCATED AT 719 PARK STREET IN ASHLAND
SUBMITTED TO
CITY OF ASHLAND PLANNING DEPARTMENT
ASHLAND, OREGON
BY
URBAN DEVELOPMENT SERVICES, LLC
155'
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PROJECT INFORMATION
ADDRESS & LEGAL DESCRIPTION: 719 Park Street; 391E15AA TL 5200
PLANNING ACTION: This application is for a Conditional Use Permit to convert
the existing thirty (30) apartments at 719 Park Street into thirty (30) condominium
units. As required under AMC 18.24.030 J., 25% or eight (8) of the units shall be
converted to affordable units for moderate income persons. No site modifications
are proposed.
OWNER:
Park Street Apartments, LLC
185 Mistletoe Road
Ashland, OR 97520
541-482-4098
APPLICANT/LAND USE PLANNING:
Urban Development Services, LLC
320 East Main Street #202
Ashland, OR 97520
541-482-3334
SURVEYOR:
Hoffbuhr & Associates
880 Golf View Dr.
Medford, OR 97504
779-4641
COMPREHENSIVE PLAN DESIGNATION: Multi-Family Residential
ZONING DESIGNATION: R-2; Low Density Multi-Family Residential
APPLICABLE ORDINANCES:
R-2 Zoning; Chapter 18.24
Conditional Use Permits, Chapter 18.104
ADJACENT ZONING/USE:
NORTH: C-l Commercial & R-3 Multi Family
WEST: R-2 Multi-Family Residential
EAST: R-2 Multi-Family Residential
SOUTH: R-2 Multi-Family Residential
SUBJECT SITE: R-2 Multi-Family Residential
RECEIVED
JUL 7 2006
City of Ashland
Community Development
I. PROJECT DESCRIPTION & BACKGROUND
The applicants are requesting approval for a Conditional Use Permit to convert the
existing thirty (30) apartments located at 719 Park Street into thirty (30) condominium
units. As required under 18.24.0301., 25% or eight (8) of the units will be placed into the
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affordable housing program for moderate income persons. A pre-application meeting was
held on January 18, 2006, at which time comments, questions and observations were
raised by the Planning and other City Staff. The applicant has addressed the pre-
application points within this application narrative and also met with City of Ashland's
Housing Specialist, Housing Commission and Building Department officials.
Site: The property was originally approved and constructed in the early 1990's and takes
access via a 25' wide access driveway off of Park Street. The access point is
approximately at the midpoint of Park Street between Siskiyou Blvd. and Ashland S1. An
existing sidewalk along the access driveway leads into the property and onward to all
units. The property has four existing structures containing 30 total units:
· Building A cOntains
· Building C contains
16 units
4 units
TOTAL UNITS:
Front Entrance
Building B contains
Building D contains
30 units
6 units
4 units
Looking Along Front of Buildings A & B
All of the units contain two bedrooms with two bathrooms and are approximately 950
square feet each. Additionally, each unit has a storage closet accessed from the covered
hallway between units. The parking areas have covered parking ports and a driveway
that is 25' at the main entrance and 24' through the main parking lot area. There are 53
spaces including 2 handicap spaces (53 total spaces are required). There are several
greenway areas, the two significant areas are the 20' wide greenbelt along the east side of
the property and also the far west side of the property contains a lawn area with a
children's play structure. In addition, the property offers an in-ground swimming pool
and children's tot-lot play area for its residents as a recreational 0 portunity.
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Front of Building C Pool Area Looking Towards Back of Building C
Front of Building D Back Landscaping of Building D
Front Entrance Landscaping
Landscape Area Between Buildings A & B
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The property slopes to the north approximately 4%. The parcel is L shaped' with
Buildings A & B constructed along the east property line and Buildings C & D
constructed along the south and west property lines. There is mature vegetation
throughout the property.
Proposal: The applicants are proposing to convert the thirty (30) existing units into thirty
(30) condominiums. Eight (8) of the condominiums units will be affordable units and
deed restricted as required by the City of Ashland's Affordable Housing Program
(Resolution 93-39). The applicants' goal is to have financial flexibility with the units that
individual ownership allows, such as alternative financing options. These options allow
the applicant the ability to generate resources for re-investment into the site such as
making additional interior unit improvements, landscape upgrading, exterior paint,
roofing and other improvements.
Over the past decade or so, the site has matured into a well cared for complex. There are
mature trees and vegetation throughout. The applicants intend to retain these efforts by
incorporating a Condominium Association to ensure the property remains clear of debris
and landscaping is maintained.
The applicants met with the City Building Official on-site to review the handicap and
other possible building code items that need to be addressed. The Official reviewed the
framing and roofing plans for unit separation issues, inspected the electrical panels,
reviewed the utility plan, and observed the handicap spaces. He does not see any issues
that would need changing to this existing site, although he did point out that the handicap
space #14 on the site plan needed a new sign and re-striping. The maintenance work is
likely to have been done prior to final review of this application. No other exterior
changes are proposed with this application.
RECEIVED
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JUL
7 2006
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City of Ashland
Community Development
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Parking in front of Building A
North Area Guest Parking
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Parking in front of Building B
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South Area Guest Parking
Each of the 30 units has a private, enclosed storage closet that can fit one bicycle. The
balance of the 15 required covered spaces are proposed to be located underneath each of
the 8 staircases leading to the upstairs units. These areas are covered breezeways, easily
accessible and can contain two bicycles each. The applicant is prepared to install the City
Standard tubular bicycle rack to come into compliance with the "sheltered" language in
the current code.
Corridor
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Area Under Stairwell
Area Under Stairwell
In the pre-application comments, staff requested that the applicant meet directly with the
City Housing Specialist, Brandon Goldman. This meeting took place on June 5th where
numerous issues were discussed including the deed restriction requirements, noticing to
tenants, designation of units, etc. Most importantly, Mr. Goldman explained the First
Right of Refusal that each tenant must be provided. Currently State law requires a sixty
(60) day first right of refusal, however, the law does not preclude an owner from evicting
a tenant based on the terms of their rental contract. Therefore it is possible that based on
the terms of a rental contract an owner could evict a tenant prior to the sixty (60) day
period ending. The applicant proposes to not evict any tenant prior to the sixty (60) day
period expiring (regardless of what their rental contract allows) so that such displacement
of tenants does not occur. It should be noted that the applicant currently is not intending
to sell all units that are converted but instead seeks financial alternatives that the
condominium conversion offers and will likely continue to rent a number of the units.
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''!l J Otherwise, it appears this project is standard and that a total of eight (8) units will be deed
:c ~ restricted as Affordable units. All 30 units on the project are 2 bedroom units so the
~ ~ Affordable units will the same size as the other units.
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The applicant has begun preparing the Condominium Documents such as Bylaws and
Declaration as well as the reserve budget that is required for long term maintenance
planning. These documents will be submitted to the Planning Staff prior to Final Plat for
review and will include the affordable unit deed restrictions. Following staff approval,
the Plat and Condominium documents will be recorded with Jackson County.
IIL APPLICABLE CRITERIA
NOTE: For clarity, the following has been formatted in "outline" form with the City's
approval criteria noted in BOLD font and the applicant's response in regular font. Also,
due to repetiveness in the required findings of fact, there are a number of responses that
may be repeated in order to ensure that the findings of fact are complete.
Chaoter 18.72: Site Desil!n and Use Standards
A. All applicable City ordinances have been met or will be met by the proposed
development ordinances have been met or will be met by the proposed development
The applicant is not proposing any alterations to the buildings or site other than updating
the bicycle parking with covered bicycle parking and re-striping the parking lot. The site,
units, and parking are all pre-existing from the time the project was constructed in 1990.
The applicant has met with the City Building Department Official and determined that no
changes to the site are required based upon this proposal.
B. All requirements of the Site Review Chapter have been met or will be met.
The existing site appears to meet the site review standards, but for bike parking. Please
see the attached site plan showing the existing project. The bike parking will be covered
and meet current City specifications and the City Building Official met with the applicant
onsite and reviewed the infrastructure and other code related items and it appears no
changes are required to the site.
C. The development complies with the Site Design Standards adopted by the City
Council for implementation of this Chapter.
The applicant is not proposing to add square footage or change the use of the property.
The property will remain multi-family residential. The buildings and site is pre-existing,
built in the early 1990's, and designed in such a way that they are internally facing. The
applicant is proposing to upgrade the site with paint and new roofing all of which
continue to maintain its conforming status.
D. That adequate capacity of City facilities for water, sewer, paved access to and
through the development, electricity, urban storm drainage, and adequate
transportation can and will be provided to and through the subject property. All
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improvements in the street right-of-way shall comply with the Street Standards in
Chapter 18.88, Performance Standards Options. (Ord.1655, 1991; Ord 1836 S6, 1999).
All of the site's utilities will remain in place with no alterations being proposed. The
site's utilities currently extend from each unit and join in the center of site and then
extend to Glendale Avenue. The applicants have met with the City Building Official and
there has been no indication that the proposal to convert apartments to condominiums
will increase the need for additional water, sewer, storm drainage, or increase the
vehicular trip generation coming or going from the site.
The applicant understands that with the filing of the condominium documents, a
Condominium Association will be formed in order to address common area maintenance
provisions to ensure long term maintenance of common areas.
Chanter 18.104: Conditional Use Permits
A. That the use would be in conformance with all standards within the zoning
district in which the use is proposed to be located, and in conformance with relevant
Comprehensive plan policies that are not implemented by any City, State, or Federal
law or program.
Condominium conversions such as this one are a conditional use in the R-2 zone, AMC
18.24.030 J. Considering the buildings are existing, built in the early 1990's, their
position, orientation and height are all pre-existing. It appears that required setbacks,
heights, etc., still meet current code requirements and Comprehensive Plan policies. All
other City, State or Federal laws are or will be complied with now and into the future.
B. That adequate capacity of City facilities for water, sewer, paved access to and
through the development, electricity, urban storm drainage, and adequate
transportation can and will be provided to and through the subject property.
The conversion of the apartments to condominiums will not increase the capacity on City
facilities for water, sewer, and paved access to and through the development, electricity
and urban storm drainage. Also, adequate transportation facilities are available to the site.
No changes are proposed; therefore the intensity of the site shall not change.
C. That the conditional use will have no greater adverse material effect on the livability
of the impact area when compared to the development of the subject lot with the target
use of the zone. When evaluating the effect of the proposed use on the impact area, the
following factors of livability of the impact area shall be considered in relatio~ED
target use of the zone:
1. Similarity in scale, bulk, and coverage.
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The applicant is not proposing any alterations to the buildings or site. City of Ashland
Community Development
1. Generation of traffic and effects on surrounding streets. Increases in pedestrian,
bicycle, and mass transit use are considered beneficial regardless of capacity of
facilities.
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The applicant is not proposing any improvements that would increase the number of
vehicle or pedestrian trips. The applicants will be installing additional covered bike racks
complying with current code specifications.
3. Architectural compatibility with the impact area.
The applicant is not proposing any alterations to the buildings or site.
4. Air quality, including the generation of dust, odors, or other environmental
pollutants.
The applicant is not proposing any alterations to the buildings or site. In no case will the
proposal effect air quality or generate dust, odors or generate additional environmental
pollutants.
5. Generation of noise, light, and glare.
The applicant is not proposing any alterations to the buildings or site. The applicant finds
that no additional noise, light or glare will be created with the request.
6. The development of adjacent properties as envisioned in the Comprf:!hensive Plan.
The proposed condominium conversion is a conditional use permitted in this zone.
Whether this property remains as it is or is convertectto condominiums, there will be no
difference in the affect on adjacent properties relating to the development envisioned in
the comprehensive plan.
7. Other factors found to be relevant by the Hearing Authority for review of the
proposed use.
With the conversion of the apartments to condominiums, the applicant will be submitting
the required Condominium Documents and shall file these documents with the State of
Oregon and the City of Ashland. The documents will include the formation of a
Condominium Association and related documents (bylaws, CC&R's, operating budget,
etc.) as required by the Planned Community Act. The common areas will include the
maintenance of the parking area including asphalt and surface graphics, landscaping and
irrigation, and shared structural components such as roofs, electric, water, sewer, etc.
IV. ATTACHED EXHIBITS
Exhibit A
Exhibit B
Site Plan
Utility Plan
RECEIVED
JUL 7 2006
City of Ashland
Community Development
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ell' Y 0 F 51 Winburn Way, Ashland OR 97520
-AS H LAN D 541-488-5305 Fax 541-488-6006
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PLANNING APPLICATION
File # cZOO? - 0/ ~9f
DmeRoo~voo 1-1-~6
Type
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Filing Fee $ 81Z.. e!
/'1vll- h-M,'/v
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Zoning
(2-2.
Comp Plan Designation
Minor Land Partition Outline Plan (# Units) Zone Change
Variance Final Plan Comp Plan Change
X Conditional Use Permit Site Review Staff Permit
Boundary Line . Annexation . Solar Waiver
APPLICATION IS FOR:
Application pertains to
/$./04 .e /0. 2~.()5D
. r .
(chapter, sootion, subpart)
of the Ashland Municipal Code.
APPLICANT
Name lAgAN O';'tlh./o),A-(,kN/ S;:A.tI/'-~5; tL..L
, ~
E-Mail K".O ,,-,,: (J ,(/( ,'.J). ";':"
(for e-maUiag Staff Report)
Phone .$4/-11,2 ~ ..l:r5 4
Address .3 2-D Z. .tV1A"",,J S;--n~~~ ';v:../r; 'Zoz.
City /llt..J> , tJ J:
,
Zip 902-0
PROPERTY OWNER
Name JA-IL-K ~.s:fL-r A"f>a.n-'T/'-lr..~1 l.lC
Address
\ ~ 5 M', 5+1e.-\=z.
r2c ~ J.. '
Phone ~'t I .'Jro z - fo9~
M ~~ o,.L Zip q 7f""2.-0
/
City
SUVEYO& ENGINEEIt ARCIDTECT. LANDSCAPE ARCIDTECT
Name t/fI~~bujA. ~t Ar~;i'C,:4~ Phone CII- 771, 464/
, I
Address e t8 0 UN 1,& V 6".1 'p 1\
City H~ ;>,4,'t..~
. Zip Q7So?-
DESCRIPTION OF PROPERTY
Street Address II q rA(2..~ S",I\.I;.';' r
Assessor's Map No. 39 IE 1(" AA
Tax Lot(s) s''1..oo
On a separate sheet of paper, list any covenants, conditions or restrictions concerning use of the property or
improvements contemplated, as well as yard set-back and area or height requirements that were placed on the
property by subdivision tract developers. Give date said restrictions expire.
.tD7
OVER ~~
G:lcomm-devlplanninglForms &. HandoutslPlanning Application Fonn.doc
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FINDINGS OF FACT;
Type your response to the appropriate 'zoning requirements on another sheet(s) of paper and
enclose it with this form. Keep in mind your responses must be in the form of factual
statements or findings of fact and supported by evidence. List the findings criteria and the
evidence that SUDDorts it.
I hereby certify that the statements and information contained in .this . application, including the
enclosed drawings and the required findings of fact, are in all respects, true and correct. I
understand that all property pins must be shown on the drawings and visible upon the site'
inspection. In the event the pins are not shown or their location found to be incorrect, the owner
assumes full responsibility.
I further understand that if this request is subsequently contested, the burden will be on me to
establish:
1) that I produced suffi~ient factual evidence at the hearing to support this request;
2) that the findings of fact furnished justifies the granting of the request;
3) that the findings of fact furnished by me are adequate; and further
4) that all structures or improvements are properly located on the ground.
Failure in this regard will result most likely in not only the request being set aside, but also
possibly in my structures being built in reliance thereon being required to be removed at my
expense. If I have any doubts, I am advised to seek competent professional advice and
assistance.
~~
Applicant's Signature
~-~
(
? .11 .V~
Date
As owner of the property involved in this request, I have read and understood the complete .
application and its consequences to me as a property owner.
~~ \ ('lM.~
Owner's "Signature
b-- (~""' ~
Date
NOTICE: Section 15.04.240 of the Ashland Municipal Code prohibits the occupancy of a building or a release
of utilities prior to the issuance of a Certificate of Occupancy by the Building Division AND the completion of
all zoning requirements and conditions imposed by the Planning Commission UNLESS a satisfactory
peiformance bond has been posted to ensure completion. VIOLATIONS may result in prosecution and/or
disconnection of utilities.
~cz,
O:\conun-devlplanninglForms &. HandoutslPllUIIling Application Fonn.doc
CITY OF
ASHLAND
Council Communication
Appointment to Budget Committee
ft/
Meeting Date:
Department:
Approval:
December 19, 2006
City Recor~:~~.JA I ,
Martha Ber;::;,' IfY
Primary Staff Contact: Barbara Christensen
488-5307 christeb@ashland.or.us
Estimated time: 10 minutes
Statement:
Appointments by the Mayor and Council on two positions to the Budget Committee for a term to
expire December 31, 2009.
Background:
These vacancies occurred upon the term endings of Dee Anne Everson and Katherine Mackris.
Proper notice was made in our local newspaper of the vacancies. Dee Anne Everson has
requested re-appointment and three new applications were received. One application was
received after the deadline, but included for your consideration.
Council Options:
Choose among the five applications for the two appointments.
Staff Recommendation:
None
Potential Motions:
Motion to appoint for a term to expire December 31, 2009.
Attachments:
Applications received
r.l'
C.EGE;..~\/! ~ l
H "". f. Cr..~
CITye)F
ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City RE:corder at
.,~- City Hall, 2QE .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 sht~ets if
necessary .
Name: Dee Anne Everson
Requesting to serve on: Budget Committee
(C ommissionlCommittee)
Address: 1442 Windsor St.. Ashland, OR 97520
Occupation: Executive Director. United Way_ Phone: Home: 482.8983
Work: 773.5339
Email: deeanne@jeffnet.org
Fax: 482.8993 or 773.7042
1. Education Background
What schools have you attended? Stanford University Nonprofit Leaders Program
What degrees do you hold? High School Diploma
What additional training or education have you had that would apply to this position?
I believe the Stanford University Nonprofit Leaders Program is extremely beneficial as
well as Rapport Leadership International Leadership I. I have attended numerous
trainings and conferences I believe would be beneficial.
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
Previous to United Way, for the past 9 years, I was an economist. I served 13 years with
Valley National Bank in Phoenix Arizona and 3 years with the Greater Seattle Chamber
of Commerce as their economist. Additionally I have chaired the RVTD budget
committee and served as vice chair as well. I am a member of the Rogue Valley Council
of Governments budget committee also. For the past 15 years I have developed,
implemented and managed budgets that I was directly accountable for.
Do you feel it would be advantageous for you to have further training in this field. such
as attending conferences or seminars? Why?
While I do feel that I could bring positive experience to the budget committee. I have a
deep commitment to life long learning and could always strengthen my skills.
~\,
3. Interests
Why are you applying for this position?
I have wanted to be in service to my town for some time and have shared it with many
people. The opportunity was pointed out to me and I feel I would grow and I would
bring skill to the position.
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings?
I do control my own schedule and if meetings were scheduled enough in advance to
accommodate the rest of my commitments I could make day meetings. I prefer day
meetings over evening because I'm fresher during the day although I would commit to
attendance in the evenings.
5. Additional Information
How long have you lived in this community?
We move to Ashland in January 1994. We lived here for 7 months and moved to Tucson,
Arizona. Within two month of being there we knew we wanted to be back in Tucson.
Upon conclusion of the academic year at U of A, we returned in May 1995 and have been
here since. So we've been here just over 10 years at this point in time.
Please use the space below to summarize any additional qualifications you have for this
position
I have been committed to community in each community where I have lived. I have
attached my resume to provide additional information. I look forward to the opportunity
to serve if approved. Thank you.
Date
Signature
~\,
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.' ,~. .,.. -~ ,''''''',_',_..,><OW>NC''''' -"-_~""_~__'____~'" '~,',.'.'_ _ ~ ... ^".~-'_M^' '.' .
..y?ge , 'I
From:
To:
Date:
Subject:
Barbara Christensen
Matt Warshawsky
11/9/20069:18:15 AM
Re: budget committee app
lID ~(g~~\W~1ITI
llil NOV 0 9 2006 Jill
B Y: __'-;.~*____________
Matt, thank you for your interest I will include it for review by the Mayor and Council. Barbara
Barbara Christensen
City RecorderfTreasurer
City of Ashland
Ashland OR 97520
(541) 488-5307
PUBLIC RECORDS LAW DISCLOSURE
This is a public document This email is subject to the State
Retention Schedule and will be made available to the Public.
>>> Matt Warshawsky <ashland@azeotech.com> 11/08/06 11 :08 PM >>>
Hello,
Please find attached the application for the budget committee. I am very interested in becoming more
involved with the city and believe this position would suit well with my math abilities and business
experience. In addition, as my fellow traffic commissioner's would hopefully atest, I approach problems
with an open mind and am always trying to work towards the goal without a preset agenda. I think this
position requires this, as the objective of the commission is more about problem solving, how to afford the
objectives of the city, rather then political. It is not my goal to affect city policy from this committee, but
simply to help the city achieve its goals, whilst learning more about the details of the problems facing the
city.
Please email if you have any questions. Also email if you need me to sign the application as well.
Regards,
Matt
cc:
April Lucas
CITY OF
ASHLAND
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 christebrivashland.or.us. If you have any questions, please feel free
to contact the City Recorder at 488-5307. Attach additional sheets if necessary.
Name: Matthew Warshawsky
Requesting to serve on: Traffic Safety Commission
Address: 443 Allison Street
Occupation: Software Publisher I Developer
Data acquisition I Process control
1. Education Backe:round
What schools have you attended? Cornell University, University of Colorado
Phone: Home: 541-488-0917
Work: 877-489-5945
Email: m@azeotech.com
Fax: 303-482-3121
What degrees do you hold? BA Chemistry, MS Chemistry
What additional training or education have you had that would apply to this position?
Trained in architectural, theatrical and engineering drafting.
2. Related Experience
What prior work experience have you had that would help you if you were appointed to this
position?
My experience running a corporation for 5 years has provided me with a wide variety of
skills including reading and understand legal documents, dealing with budgets, public
opinion, and marketing and the ability to make good decisions based on the facts available.
My work both in theatre and at NOAA have given me strong teamwork skills, both as a
leader and a follower.
Do you feel it would be advantageous for YOl,l to have further training in this field, such as
attending conferences or seminars? Why? Given the right conference or seminar, ye"s.
Education always yields advantages. The exposure to other ideas is also always important.
Required? No. I believe my existing experience level will allow me to make good decisions.
3. Interests .
Why are you applying for this position? I think I am a rather observant person, and in
driving, biking and walking around town I notice many things that could be done to
improve transportation here and I'd like to generally contribute to the improvement of
transportation in my town. Plus, if I'm not willing to participate in the process, I can't
reasonably complain about it.
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled meetings?
Do you prefer day or evening meetings?
Yes, I probably prefer evenings, but afternoon is fine as well. I run my own business so
time is flexible, though mornings tend to be tough because of East coast and overnight
business accumulates while I sleep (AzeoTech sells internationally). I do not travel much
on business, maybe once a year.
5. Additional Information
How long have you lived in this community? 3-112 years, plus 2 months in 1999
Please use the space below to summarize any additional qualifications you have for this position
I recently participated in two traffic safety actions that I brought to the attention of the
commission and which the commission agreed with my observations. After attending
several meetings and the encouragement of one of the current commissioners I believe my
skill set, both business and engineering wise, would be well used on the commission.
Date
Signature
. I.:
BY' \..."t '<.-
._-------~----------
CITY OF
ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
lID lb ~ lb llW n: 1ffi
llil NOV 1 7 2006 ll!J
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christebCilJashland.oLus. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name JOHN STROMBERG
Requesting to serve on: CITIZENS BUDGET (Commission/Committee)
Address 252 RIDGE ROAD, ASHLAND 97520
Occupation MGT/ORG CONSULTANT (RET)
Phone: Home 482 9335
Work
Email johnstromberg@opendoor.com
Fax
1:. Education Back2.round
What school~ have you attended? CALTECH, UC BERKELEY
What degrees do you hold? BS - PHYSICS - CALTECH
MA - STATISTICS, PHD - BUS AD, UC - BERKELEY
What additional training or education have you had that would apply to this position?
PHD DISSERTATIONIRAND CORP REPORT: "The Internal Mechanisms of the
Defense Budget Process" (first econometric study of the US Defense budget process)
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
Two years as Economist, RAND Corp. Consulted to both Chief Financial Officer and
Comptroller of Wells Fargo Bank. Consulted to CFO of California Federal Savings.
Set up Senior Citizen meals program, including budget, that is still going 42 years later.
Received award for helping set up public/private partnership with City of Eugene to save
the City's public art gallery, including budget. Consulted on business plans for various
start-ups including a dental service business and a natural foods store (pro bono).
Consulted to senior manager of an Information Technology organization on budget
negotiation strategy.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? YES Why? TO BETTER UNDERSTAND STATE
OF OREGON BUDGET RULES; TO LEARN HOW OTHER MUNICIPALITIES
ADDRESS ISSUES LIKE PERS DEFICITS, CAPITAL FINANCING, ALTERNATIVE
BUDGET PROCESSES, ETC.
rA"
3. Interests
Why are you applying for this position? CONTROLLING CITY SPENDING WAS
A CENTRAL COMPONENT OF MY RECENT CITY COUNCIL CAMPAIGN AND I
WANT TO FOLLOW THROUGH ON MY INTENTION AS WELL AS PUT TO USE
THE RESEARCH I DEVELOPED IN CASE I WAS ELECTED.
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? YES Do you prefer day or evening meetings? EITHER - MY MAIN
CONSTRAINT IS THAT I'M ON THE PLANNING COMMISSION, WHICH MEETS
TWO TUES. NIGHTS A MONTH.
s. Additional Information
How long have you lived in this community? SIX YEARS
Please use the space below to summarize any additional qualifications you have for this
position
I HAVE EXPERIENCE IN, AND ENJOY, WORKING WITH GROUPS AND WITH
CITY STAFF - IN ASHLAND AS A PLANNING COMMISSIONER AND INVOLVED
CITIZEN, AND ELSEWHERE (EUGENE, OR; YOUNTVILLE, CA).
Date 'fJ tj\? \"1) l..Oo h
Signatur~
rA'
Th)~@~llWl~ml
ml ~mv 1 7 2006 JID
, ~~
BY: ___.'.._______________
CITY OF
ASH LAN D
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 christeb(iVashlandOLUS. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name J iitMEs. F . J\A.Qe:>fl~ j rt.
Requesting to serve on: ~f,)J ~ l""-t
Address \1..\ 1- ~D-. d<... <;. \--. ~ ~lo- ~
(Commission/Committee)
Occupation k.. ~ ~.i
Phone: Home c...l-g 'Z... -g, r )
Work
Email ..J~ Obf;:. ~ .)-(' '-'v.4.--t, ov:s
Fax
1. Education Backe.round
What schools have you attended?
What degrees do you hold?
Or-~~,", s.\-~~ lLv...~vev.;\~
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What additional training or education have yoo had that woold 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? --1._ 'I -L4. f\ \
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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? c,..) "'" I ~ \..z\-. ~ Ca.-;c;.< ':1"><' ~"...
J..t:,to~ r-\:v~~ ~v'~ kv<.i b~ l~ \)~~~.CIA--
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3. Interests
Why are you applying for this position? J "- ~ '" \e..J':"" .2.013 (p - ~-::f-' -
\>,~~ \ C 1"'61.:, ~~ .c,,-e\ Q;;" \h.....""I
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4. A vailabilitv
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? ~ 0... ~ 't--v ~,~ >.e....... Cf
5. Additional Information
How long have you lived in this community?
5(, -: C-4 \ q q, \
Please use the space below to summarize any additional qualifications you have for this
position
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Date
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i,~ignature
~:.,
,ID ~ <<m;: )lWl1E1iiI
lff1 NOV 2 2 2005 J
BY: ----________ AS H LAN D
...-----
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
CITY OF
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 additionsl sheets if
necessary.
Name William Heimann
Requesting to serve on: Citizens Budget Committee (Commission/Committee)
Address 59 California Street
Occupation Retired
Phone: Home 541 482 1497
Work
Email ashlandbilll@vahoo.com
Fax 541 482 1497
1. Education Backt!round
What schools have you attended? Providence College George Washington Univ.
What degrees do you hold? BS in Mathematics MS in Computer Science
What additional training or education have you had that would apply to this position?
Several middle management training courses. Univ. Pennsylvania Executive Develovment
schooL George Washington Dillv. Executive Planning
2. Related EXDerience
3.
What prior work experience have you had that would help you if you were appointed to
this position?
Regional Manager. Honeywell Corp. Division manger. Honeywell Corp. Division
Manager Univac Corp.
City ofPhoeillx. AZ Five Year Planning Broad. twice~ the Arizona Department of
Transportation. Transportation Planning Committee. Maricopa County Bicycle
Committee. and various other city. county and state committees and boards where
developing and monitoring budgets was an important component.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Yes Why? I would like to understand better the
budgeting process for governments in Oregon.
--'"~-_._.- --,., "r-
rtt. ,
4. Interests
Why are you applying for this position? To serve my community in a way that will
allow me to apply my experience and education to maximum benefit.
5. Availabilitv
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Yes Do you prefer day or evening meetings? I have no preference
6. Additional Information
How long have you lived in this community?
5 years
Please use the space below to summarize any additional qualifications you have for this
position
Owned and o\,erated successfully 2 small businesses, assisted on the budgets for the
Arizona Department of Transoortation and City of Phoenix.
November 22, 2006
it/ /l ~~-
Signature
Date
CITY OF
ASHLAND
Council Communication
Acceptance of Audit Committee Report and the June 30, 2006 Comprehensive
Annual Financial Report
Meeting Date: December 19, 2006
Department: Administrative servic~es
Contributing Depts: N/A
Approval: Martha Benne
Staff Recommendation:
The Audit Committee recommends acceptance of the Comprehensive Annual Financial
Report for FY 2005-06 and staff concurs.
Primary Staff Contact: Lee Tuneberg Dff8-..
E-mail: tuneberl@ashland.or.us
Secondary Staff Contact: N/A
Estimated Time: 20 minutes
Statement:
The Audit Committee has met with staff and Pauly, Rogers and Company, P.C. to
review and accept the annual audit for the fiscal year ended June 30, 2006. The
committee's report can be found in the annual financial report on page xv and the
auditor opinion on page 3.
Background:
The Comprehensive Annual Financial Report (CAFR) is prepared annually as part of
the state-required audit by an independent, certified and municipally licensed auditor. In
Ashland, the auditor reports to the Audit Committee established by the Council. The
committee receives the auditor opinion, management letter and annual financial reports
(including the Parks Commission Component Unit Financial Report) prepared by staff.
When satisfied with the reports and related information, the committee forwards the
report to Council with a recommendation to accept.
The auditor gave an unqualified opinion again this year but found two reportable
conditions to include in a management letter for fiscal year 2005-06. The two
conditions that the auditors noted are included in the attachment titled "Management
Report. "
The Finance Department's response to the Management Report comments are
attached as well. The two issues raised are being acted upon at this time and the
comments will be cleared in this fiscal year.
The City and its component unit, the Parks & Recreation Commission, implemented
Governmental Accounting Standards Board Statement 34 (GASBS) requiring changes
in the financial reporting model in a two-step process over FY 2002-03 and FY 2003-04
with fixed assets being fully included the second year. The City also implemented
1
r~'
GASBS 44 last year to include more financial and economic trending information in the
Statistical Section of the report and Parks did the same this year. The next significant
change in reporting is GASBS 45 relating to enhanced disclosure on future liabilities for
post retirement benefits.
Many of these required conversions provide additional information in a more,
comparable business perspective that can be seen in the Management's Discussion &
Analysis letter, the Notes and the Statistical Section. The reader should review these
parts of the report for a more detailed discussion of the agency's financial health
including changes in the following:
1. Operational and general revenues.
2. Operating expenses.
3. Capital outlay and improvements.
4. Debt service.
5. City's bond rating.
6. Financial trending.
7. Revenue and debt capacity.
8. Economic and demographic information.
The City is responsible for completeness and accuracy of the annual report. The
necessary auditor reports are included in the document and presented on their
letterhead. These reports attest to the City's compliance with Oregon Budget Law and
federal reporting requirements.
The annual report is a complex document containing a tremendous amount of
information. From an overview perspective, the City remains in a good financial position
with the net assets increasing slightly ($2,296,739) to $104,485,189.
Total City assets are up $2.3 million which includes:
. $2.0 million less in cash & investments (a minus)
. $1.1 million more in netfixed assets (a plus)
. $1.0 less in current liabilities (a plus)
. $2.2 million less long term debt (a plus)
The Parks and Recreation Commission net assets decreased approximately $330,000
primarily due to less cash on hand at the end of the year and depreciation expense.
Consistent with prior years, most funds are doing well when considering fund balances.
The Telecommunications Fund and its fund balance were still dependant upon
resources provided from other funds. Variations in the timing of capital project work and
related financing continue to cause changes in actual fund balances as compared to
what was budgeted in all enterprise funds.
Changes in Ending Fund Balances (Adopted and Actual) for all funds can be viewed on
pages 104 and 105.
Key places to look within the document are:
2
CITY OF
ASHLAND
136 - 148
Information
Transmittal letter from staff
Report of Audit Committee accepting the audit
Auditor's unqualified opinion
Management's Discussion & Analysis
Basic Financial Statements
Notes to General Purpose Financial Statements
Supplementary reports, schedules and statistical
tables
Other required auditor comments and disclosures
Paaes
i - ix
xv
3- 4
5 - 16
19 - 29
33 - 61
65 - 131
Related City Policies
City of Ashland Financial Management Policies, Budget Document Appendix
Council Options:
Council may accept the Committee's report and the annual report as presented,
recommend modifications as discussed or defer acceptance (takes no action) awaiting
further information or clarification.
Potential Motions:
Council moves to accept the Audit Committee Report and the Comprehensive Annual
Financial
Report for the fiscal year ended June 30,2006 as presented.
Council moves to accept the Audit Committee Report and the Comprehensive Annual
Financial
Report for the fiscal year ended June 30, 2006 as modified by discussion.
Council takes no action pending further information or clarification.
Attachments:
FY 2005-06 Comprehensive Annual Financial Report including:
Audit Committee Report
Independent Auditors' Report
2005-2006 Management Report
Staff letter to Audit Committee dated 11/16/2006 Responding to the Management
Report
Audit Committee meeting minutes 11/16/06
3
rj.'
CITY OF ASHLAND
ASHLAND, OREGON
2005-2006
MANAGEMENT REPORT
fIt
PAULY, ROGERS AND CO., RC.
CERTIFIED PUBLIC ACCOUNTANTS
. 12700 SW 72ND AVENUE · TIGARD, OREGON 97223
. (503) 620-2632 · FAX (503) 684-7523
. October 27,2006
City Council
City of Ashland
20 East Main Street
Ashland, OR 97520
In planning and performing our audit of the financial statements of City of Ashland for the year ended
June 30,2005, we considered its internal control structure in order to determine our auditing procedures for
the purpose of expressing our opinion on the financial statements and not to provide assurance on the internal
control structure. However, we noted certain matters that we consider to be reportable conditions under
standards established by the American Institute of Certified Public Accountants. Reportable conditions involve
matters coming to our attention relating to deficiencies in the design or operation of the internal control structure
that, in our judgment, could adversely affect the organization's ability to record, process, summarize, and report
financial data consistent with the assertions of management in the fmancial statements.
The City's internal control structure consists of policies and procedures established by management to provide
reasonable, but not absolute, assurance that financial data are recorded, processed, summarized, and reported
consistent with the assertions embodied in the financial statements. In establishing those policies and procedures,
management assesses their expected benefits and related costs. Because of the inherent limitations in any
internal control structure, errors or irregularities may nevertheless occur and not be detected. Also, projection of
any assessment of the internal control structure to future periods is subject to the risk that policies or procedures
may become inadequate because of changes in conditions or that the degree of compliance with the policies or
procedures may deteriorate.
We noted the following reportable conditions:
1. We noted that not all major balance sheet accounts were reconciled on a periodic basis. We recommend
that all major balance sheet accounts be reconciled on a monthly basis.
2. In order to get fixed asset information into a format that is needed for the financial report, the City must
export their fixed asset register out of Eden and into Excel. The City then manipulates the data within
Excel. Excel is not made for fixed asset accounting and is prone to errors. We recommend that the City
work with Eden to enhance their fixed asset accounting system, in order to make it easy to work with and
in the needed formats for financial reporting.
The following are our recommendations for the previous year. The comments are repeated from our report to
management for the year ended June 30, 2005, for perspective.
1. We noted that the utility billing system cannot produce a report that breaks out the utility
receivables by fund. This was part of a management comment that was issued in 2002-03 that has
not been implemented (although the other parts of the prior management comment have been
implemented). This report would be a useful reconciliation tool for the City. We recommend that
the City address this report writing issue.
Page 2
Status: The City is in the process of converting to an enhanced utility billing system developed by
Ashland's Information Technology department. Improved features (including reporting capabilities)
within that application is currently meeting this need.. Staff anticipates an external review of this
software between January and March, 2007, before final acceptance.
2. We noted that the City was a few months behind in performing their bank reconciliations.
Performing timely reconciliations of all accounts, especially cash accounts, are a necessary part of
good internal control. We recommend that cash be reconciled monthly, preferably prior to the
twentieth day of the subsequent month.
Status: The Administrative Services Department has this as a goal for each month. Having a small
staff, vacancies in positions and experiencing difficulty in filling positions with qualified staff has
causes delays in getting all work done. Reconciliations for FY 2006-2007 are up-to-date at this
time.
3. We noted a few Visa statements had supporting receipts missing. Maintaining appropriate
documentation is a major part of maintaining control over disbursements. Also, the visa's are being
paid before all of the receipts are received. Account Payable is instructed to do this in order to
avoid late charges. There appears to be a few individuals who disregard the visa documentation
requirements, so the credit card policy should be enforced to either charge the employee personally
for all unsubstantiated receipts or revoke card privileges. (Please note that the Internal Revenue
Service (IRS) requires that employees substantiate all credit card reimbursements. The elements
required for substantiation include: amount, time and date, place, and business purpose. According
to the IRS, if credit card charges are not substantiated, the reimbursement amount could potentially
be included in the employee's income.)
Status: We have seen improvement in this area through enforcement by Accounts Payable staff,
however, the Administrative Services Department is preparing to provide renewed training on this
and other purchasing processes in the coming months. During the last year, Ashland has changed
some purchasing polices. They also will be addressed in the training. The timing of payments on
credit card charges does not match well with city processes and is now requiring considerable
manual work to meet deadlines and to minimize fees. Missing receipts or documentation from a
card holder are pursued by the Accounting Division. If an employee fails to adhere to guidelines,
they can be held personally accountable and will, at least, lose credit card privileges. The existing
process is still considered necessary given the potential costs related to more restrictive purchasing
barriers on those operations needing materials and services immediately.
This report is intended solely for the information and use of the City Council, Audit Committee management, and
others within the organization.
~r4.s -./~/.Rc.
PAULY, ROGERS AND CO., P.C.
CITY OF
ASHLAND
November 16,2006
Audit Committee
City of Ashland
20 East Main Street
Ashland, OR 97520
Auditor reportable conditions for FY 2005-2006:
1. We noted that not all major balance sheet accounts were reconciled on a
periodic basis. We recommend that all major balance sheet accounts be
reconciled on a monthly basis.
Response:
Staff agrees with the Auditor's assessment. Current and consistent reviews and
reconciliations of major and minor balance sheet accounts are needed to provide accurate
and timely financial reports and the basis for a good annual review. The Administrative
Services Department (including Finance Administration and Accounting divisions)
continues to struggle with hiring and maintaining qualified staff to do assigned work.
Because of this, we have been unable to assess whether the number of staff and
corresponding skill levels are appropriate for the workload. We have already begun to
evaluate roles, responsibilities and skill gaps within the Accounting Division, and
throughout the rest of the department, in order to reorganize. This will not be a comment
for FY 2006-2007.
2. In order to get fixed asset information into a format that is needed for the
financial report, the City must export their fixed asset register out of Eden and
into Excel. The City then manipulates the data within Excel. Excel is not made
for fixed asset accounting and is prone to errors. We recommend that the City
work with Eden to enhance their fixed asset accounting system, in order to
make it easy to work with and in the needed formats for financial reporting.
Response:
The City has been in a process of improving fixed asset records over the last five years.
This process was somewhat affected by reporting requirements from GASB 34 and we
have made good progress. Staff will not finish developing processes, procedures and
training on the Eden software until FY 2006-2007. All accounting staff can use
spreadsheets and sometimes must resort to downloading into a format that is easier to work
with to provide detail and supporting documentation. In general, I agree with the auditor
about problems with spreadsheets, especially for accounting control. This will be resolved
as part of the development of the software and training during this year.
I hope these responses are helpful in understanding the work being done by the Administrative
. Services Department to meet or exceed City expectations and legal requirements.
Sincerely,
M~
Lee Tuneberg
City of Ashland
Administrative Services & Finance Director
PRIOR YEAR CONDITIONS, RESPONSES .& UPDATES:
Staff comments reviewing the prior year reportable conditions was provided to the auditor and
included in their report. They are also presented below for your information:
1. We noted that the utility billing system cannot produce a report that breaks out
the utility receivables by fund. This was part of a management comment that
was issued in 2002-03 that has not been implemented (although the other parts
of the prior management comment have been implemented). This report would
be a useful reconciliation tool for the City. We recommend that the City
address this report writing issue.
\\~'~(_ The City is in the process of converting to an enhanced
utility billing system developed by Ashland's Information Technology department.
Improved features (including reporting capabilities) within that application is
currently meeting this need. Staff anticipates an external review of this software
between January and March, 2007, before final acceptance.
Prior Year Response:
Staff agrees with the Auditor's assessment but believe it is a greater issue than just report
generation. The rest of the comment from FY 2003 was cleared by hiring another
programmer and Finance promising an independent review of the internally-built software.
The City now has two programmers on staff and both of them are working on the upgrade
to the internal package but progress has been slow. At the time of this report no schedule
or plan is in place for implementation, documentation and training. Additionally, Finance
did conduct a review of the existing software by the Government Finance Officers
Association between March and September, 2005. GFOA's report recommended the
City go out to bid for a new VB package for many reasons including the current
software's inability to generate balancing reports. A copy of the report is available for
review
Key issues to consider when looking at bidding software are:
ii
. Business processes - Ashland has a unique approach to most everything,
especially with AFN as part of the billing process and such approaches may limit
software packages that could be considered.
. Complexity - Ashland's utility bills have many components but fees and charges
generally are either formula or table driven. On-staff programming does provide
unique customization.
. Internal controls - Controls and documentation have been a problem for the city
with the existing software and is a potential problem with the proposed new
release of the internally-built software.
. Cost to buy and maintain - The city has many financial applications and are
charged 16% (approximately $61,000 in FY 2005-06) annually for support and
updates. A new UB system may cost over $200,000 and be $32,000+ per year to
maintain.
. Staffing - We pay approximately $200,000 per year for programming staff
support but they also do other work besides software creation and revision.
Computer services has had difficulty in meeting demands put upon them in the
recent past even though the total staff has grown by 3 since 2004.
A possible approach to the challenge of a conversion is to permit the internally built
software to compete in a RFP process with evaluations done by independent reviewers
having no connection with the city's final decision. If the internal software was omitted
from the process then programming staff would be expected to participate in evaluations
and could be used to meet other systems' nee ds after a conversion was complete.
2. We noted that bank reconciliations were a few months behind in 2004-05.
Performing timely reconciliations of all accounts, especially cash accounts, are
a necessary part of good internal control. We recommend that cash be
reconciled monthly, preferably prior to the twentieth day of the subsequent
month.
~~;_I The Administrative Services Department has this as a goal
for each month. Having a small staff, vacancies in positions and experiencing
difficulty in filling positions with qualified staff has caused delays in getting all
work done. Reconciliations for FY 2006-2007 are up-to-date at this time.
Prior Year Response:
Staff recognizes this shortfall and has worked to be current as of the date of this report.
The Accounting Division has endured four different changes in staff in the last 12 months.
This has disrupted processes and put us behind in many areas. Errors and delays in
financial reporting, and this year's annual audit, attest to this. Day to day activities are
being done but monthly activities can lag and improvements in other areas have been
delayed. As the new employees become more experienced with the City the likelihood of
this recurring will be minimized.
iii
3. We noted a few visa statements had supporting receipts missing. Maintaining
appropriate documentation is a major part of maintaining control over
disbursements. Also, the visa's are being paid before all of the receipts are
received. Account Payable is instructed to do this in order to avoid late
charges. There appears to be a few individuals who disregard the visa
documentation requirements, so the credit card policy should be enforced to
either charge the employee personally for all unsubstantiated receipts or
revoke card privileges. (Please note that the Internal Revenue Service (IRS)
requires that employees substantiate all credit card reimbursements. The
elements required for substantiation include: amount, time and date, place,
and business purpose. According to the ms, if credit card charges are not
substantiated, the reimbursement amount could potentially be included in the
employee's income.)
.'III'__~ We have seen improvement in this area through enforcement
by Accounts Payable staff, however, the Administrative Services Department is
preparing to provide renewed training on this and other purchasing processes in the
coming months. During the last year, Ashland has changed some purchasing
polices. They also will be addressed in the training. The timing of payments on
credit card charges does not match well with city processes and is now requiring
considerable manual work to meet deadlines and to minimize fees. Missing receipts
or documentation from a card holder are pursued by the Accounting Division. If an
employee fails to adhere to guidelines, they can be held personally accountable and
will, at least, lose credit card privileges. The existing process is still considered
necessary given the potential costs related to more restrictive purchasing barriers on
those operations needing materials and services immediately.
Prior Year Response:
The City works hard to keep costs down .while effectively managing purchasing procedures and
controls. Ashland's CAFR recognizes that no control will cost more than the benefit derived.
Reviews of purchases, especially by credit cards, are done monthly to ensure the highest level
of compliance possible given staff and exposure. Paying bank statements immediately does not
sacrifice any control and does avoid thousands of dollars of late fees annually.
Those individuals who carry' credit cards are educated on the rules. Single or infrequent
problems with lost invoices are professionally dealt with but ongoing violations result in
rescinding the authority to use a City credit card. This can result in operational deficiencies
when emergencies arise but it is then the department's responsibility to take necessary steps to
minimize any such impact.
The credit card for the employee with multiple violations was revoked and alternate purchasing
methods were established.
iv
CITY OF
ASHLAND
Audit Committee
Draft Minutes
November 16, 20061:30pm
Council Chambers
1175 East Main Street
Call to Order
Lee Tuneberg, Administrative Services and Finance Director called the Audit Committee
meeting to order at 1 :34 p.m. on November 16,2006 in Council Chambers, 1175 East Main
Street Ashland, Oregon.
Morrison/Christensen ms Levine as chair. All Ayes
Roll Call
Committee members Christensen, Levine, Morrison and Nutter were present. Member
Lemhouse was absent.
STAFF PRESENT: MARTHA BENNETT, CITY ADMINISTRATOR
LEE TUNEBERG, ADMINISTRATIVE SERVICES AND FINANCE
DIRECTOR
CINDY HANKS, FINANCE DIVISION MANAGER
BRYN MORRISON, ACCOUNT REPRESENTATIVE
Approval of Minutes
Audit Committee Minutes of November 29, 2005
Nutter informed the Committee that he did not receive the information requested the previous
year. It was regarding a comparison of fees and charges in the Water Fund. Lee Tuneberg
responded that he would provide it to him.
Christensen/Nutter ms to approve the minutes with Mr. Nutter receiving the information. All
Ayes.
AUDIT COMMITTEE MEETING
NOVEMBER 16,2006 PAGE 2 OF 6
Presentation bv the Auditors
Kenny Allen, partner Pauly, Rogers, and Co. P.C. presented the executive summary to the
Committee. He spoke to the purpose of the audit and that the results were an unqualified,
clean opinion with no reservations. He explained that since the City received Federal financial
assistance, a single audit was required, and they found no issues requiring a comment. The
Auditors found that the books and records were maintained in a professional manner by the
City and through the SAS 99 auditing standard, they are required to look into issues that deal
with fraud. They found no instance of fraud.
Mr. Allen presented the Management letter and spoke to two current year findings. The first
was that not all major balance sheet accounts were reconciled on a periodic basis. Mr. Allen
responded that retainage payable and accounts payable with manual transactions were
examples. The second was that fixed asset data was exported out of Eden into Excel. He said
that Excel is not made for fixed asset accounting and prone to errors. The Auditors
recommend that the City work with Eden to enhance the fixed asset accounting system in
order to create reports. The Committee questioned if fixed assets were treated differently in
Eden and why staff put it into Excel. Mr. Tuneberg responded that Eden stores the data and
most of the staff works well in Excel. Staff puts the information that is generated into lead
sheets and they are looking into adjusting Eden to create the reports. The Committee asked if
that would entail buying an additional module. Mr. Tuneberg responded that they would not
have to, that Eden can design a report that the City can use and that would be done this year.
The Committee asked if Eden worked well with the City and if they are flexible to change the
program. Mr. Tuneberg responded that the City does work well with Eden and the City would
have to pay them to change the program. The Committee discussed the errors that occured
and Mr. Tuneberg responded that depreciation is one example were staff needs guidance and
there were some input errors and calculation errors but they were corrected and the database
is usable now. The Committee asked how staff could reconcile more often. Mr. Tuneberg
responded that fixed assets would have to work all year long, but depreciation may be
calculated on yearly basis instead of monthly.
Mr. Tuneberg spoke to the three auditor comments from the previous year. The Utility Billing
comment for a reconciliation break out by fund has not been implemented yet but the City is in
the process of implementing new software and it would not be a problem next year. The
Committee questioned how the City was tracking the wireless internet connections and if it was
part of the billing system. Ms. Hanks explained the new process were anyone can connect to
the internet via wireless and it comes into the headend as a lump sum, and then there is a
AUDIT COMMITTEE MEETING
NOVEMBER 16,2006 PAGE 3 OF 6
batch process into Utility Billing. From Utility Billing, they post the batch and then put the
revenue into AFN. Mr.Tuneberg added that no one can get the service without running a credit
card and it runs through a merchant account. He added that when the City is finished with the
conversion, they will evaluate internal controls.
Mr. Allen spoke to staff being months behind in performing bank reconciliations and that the
Auditors recommend monthly reconciliation on the 20th day of the next month. Mr. Tuneberg
added that there would be improvements this year and the cause of this was fluctuations with
staffing levels. He added that they are now current on bank reconciliations. The Committee
questioned if there was a software program that could perform the reconciliation. Ms.
Christensen explained that the bank statements come to the City partially reconciled and that
there is not a software that could do this. She agreed that it has to do with staffing levels. Mr.
Levine added that a staff member would still need to review the statements after they are sent
from the bank.
Mr. Allen spoke to the previous comment on receipts missing from Visa statements. He spoke
to the City's policy to pay Visa charges before the receipts are gathered from the employees
who have made the charges. The Committee questioned if the City filed a tax return and if
there is a possibility of being audited by the IRS. Mr. Allen responded that the City does not file
a tax return and that a few agencies in the Portland area have been audited recently. Mr.
Tuneberg added that this comment was not repeated in the current audit but the Finance
Department is constantly working with departments to receive receipts. The Committee and
staff discussed that the process is meant to keep costs low and the City does not want to pay
finance charges when it can be avoided. Ms. Christensen added that the bank is not willing to
change the due dates for the charges to leave time to gather receipts. The Committee asked if
Finance monitors who is consistently late in returning receipts. Mr. Tuneberg responded that
they do and they have had to counsel employees and last year took away a credit card from a
supervisor. The Committee asked how the Accounting staff knew when the receipts were
received for the charges and Mr. Tuneberg responded that they are date stamped.
Mr. Tuneberg spoke to the SAS 99 fraud standard and that the Auditors did not find any areas
of fraud. Mr. Allen explained the process if the Auditors were to find fraud. If they detect
possible fraud, they would take their suspicion to the supervisor about the employee possibly
committing the fraud. If there is not a resolution sufficient to the Auditors, then they would take
it to the next level and the City Council if need be. The Committee discussed that with the new
standard, there are specific questions the Auditors ask and how they interview staff. The
Committee discussed if it was the Auditors duty to bring any suspected instances of fraud to
the Audit Committee. Mr. Allen responded that the Auditors would take it to the City Council
level if needed. He added that the Auditors perform a mid year audit and look for any warnings
that may lead to instances of fraud.
AUDIT COMMITTEE MEETING
NOVEMBER 16,2006 PAGE 4 OF 6
Mr. Nutter asked in the future, if the Committee could receive the Management Letter from the
Auditors before the meeting. Mr. Tuneberg responded that they would provide them one, even
if it was the draft, for their review prior to the meeting. It was decided that staff would include it
in the packet that is sent in the next year or email it prior to the meeting.
Mr. Tuneberg spoke to the two Auditor comments for the current year. Staff would reconcile all
accounts periodically, some would be done quarterly, and the cash oriented would be done on
a monthly basis. He explained that the comment is partly due to workload, staffing levels, and
the lack of longevity in the accounting staff. The Committee discussed that there is a shortage
of accounting professionals available in the workforce now and that the City would be training
the existing staff to perform those functions.
Mr. Tuneberg explained how the City is transitioning to a new Utility Billing software and at
some point would like to find an outside agency to audit the system. He explained that fixed
assets were not prepared as well as should have been at the beginning of the audit and that
he spent a lot of time on them and they are at a better point than they were. Staff will go back
into Eden to reestablish processes and controls for fixed assets.
Committee Discussion
The Committee questioned if the bank that the City uses is audited for recording when the
payments are received. Mr. Levine responded that banks are audited and many have been
found guilty of using a later date for processing payments. Ms. Christensen added that staff
would now be walking the payments to US Bank and waiting for the payment to be posted.
The Committee questioned the decrease in charges for services, in changes of net assets on
page 9. Mr. Tuneberg responded that charges for services are water, sewer, cable, electric,
permit review, plan review, ambulance service, and charges between departments. Parks
charging Public Works to maintain the median on the Boulevard is one example. He explained
that the reduction wasn't a change in rates, it is driven by usage. If the City has a milder
summer, it would sell less power. Another example is that if a housing development is not
approved, Community Development would not receive the charges as anticipated. Mr.
Tuneberg added that it was not a result of charges from AFN to the City.
The Committee questioned the reclassification of capital assets on page 11. Mr. Tuneberg
pointed to page 20-21 and that it was moved from a business type to governmental type
activity. He explained that the $1.4 million is the reconstruction of the Calle. The Committee
discussed that it does not affect the bottom line.
AUDIT COMMITTEE MEETING
NOVEMBER 16,2006 PAGE 5 OF 6
The Committee questioned if the City had any concerns about the accrued vacation and sick
leave on page 23. Mr. Tuneberg responded that he has no concerns and that figure is
appropriate for the number of employees the City has. He explained that the City has
reasonable caps. It was discussed that the Auditor had reviewed this and was satisfied. The
Committee questioned where the City was at with accrual for PERS. Mr. Tuneberg responded
that the City has some unfunded liability. Mr. Allen spoke to the City being pooled and that it
would not be a liability on the balance sheet. It is not required to be disclosed, and the City is
current on it's obligation. Mr. Tuneberg added that when the City went into the pool, it was
about $4 million, now it is not presented, but they are current on contribution.
The Committee discussed the Interfund Loans and Transfers on page 49. Mr. Tuneberg
explained that if a fund is not planning on paying back the money, then it is called a transfer. If
they are planning on repaying, then it is called and Interfund loan and there is 3 years to pay it
back. He added that he had authority to transfer $960,000 and only utilized $500,000 from the
Electric Fund to the Telecommunications Fund.
The Committee questioned the low actual in the Local Improvement District in the Street Fund
on page 66 and if it was a receivable. Mr. Tuneberg explained the $45, 270 is an expenditure
and the amount the City spent on LID's. The Committee asked where the aged receivables are
shown. Mr. Tuneberg responded that agings are in Utility Billing and would be part of the
evaluation of the software. It is not presented in the report and is more of a managerial tool.
Mr. Levine added that it is not appropriate in a financial statement. The Committee discussed
the procedure for write offs in Utility Billing and segregation of duties. The bad debt is sent to a
collection agency as indicated by the Municipal Code.
The Committed questioned what the contingency expenditures were on page 79. Mr. Tuneberg
explained that $140,000 was identified as contingency when the budget was set. He explained
that rather than creating an appropriation that would require Council action, he chose to create
contingency to be able to be used for a loan or transfer. In order to use contingency, he must
go to Council and move it to an expenditure. Mr. Nutter asked if it was for telecommunications.
Mr. Tuneberg responded it was and during that time, Council was considering which way to go
with AFN.
The Committee commended staff on the report. Mr. Tuneberg thanked staff and spoke to the
City's participation in the Government Finance Officers Association.
Audit Bid Process - FY 2006-2007
Mr. Tuneberg spoke to the bid process for the next audit year. Ms. Christensen asked if there
were new rules for the RFP process. Mr. Tuneberg responded that he would bring the RFP to
AUDIT COMMITTEE MEETING
NOVEMBER 16,2006 PAGE 6 OF 6
them and would do a formal bid process. The Committee discussed what their role would be in
the process. Mr. Tuneberg will include a summary list of the last five years and will include
their role. The Committee discussed the transition between when the contract ends and when
the new one would start. The current contract is through the audit and Mr. Tuneberg added
that Pauly, Rogers, if needed, would help the City through the transition. It would take place
during January to February 2007.
Christensen! Nutter ms to accept the audit as presented. All Ayes.
Adiournment
The meeting was adjourned at 3:05 p.m.
Respectfully Submitted,
Bryn Morrison
Account Representative
Administrative Services Department
CITY OF
ASHLAND
Council Communication
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
Meeting Date: December 19, 2006
Department: Legal
Contributing Departments: City Rec r r
Approval: Martha Bennett
Primary Staff Contact: Sharlene Stephens
E-mail: stephens@ashland.or.us
Secondary Staff Contact: Barbara Christensen
E-mail: christeb@ashland.or.us
Estimated Time: 5 minutes
Statement:
The resolution and proclamation set forth the results of the election held on November 7, 2006, and make the
canvass a matter of record as required by the city charter.
Background:
Article VII, Section 6, of the City Charter requires that the canvass of the votes for all city elections be made, and
the results of the election "shall be entered in the record of the proceedings of the council." The resolution sets
forth the vote for each position and each measure, and the proclamation sets forth the name of each person
elected to office and the passage or failure of each of the ballot measures, all as required by this charter section.
Related City Policies:
Per charter requirements as outlined above.
Council Options:
Adoption of the resolution with the mayor making the proclamation.
Staff Recommendation:
Staff recommends adoption of the resolution with the mayor making the proclamation.
Potential Motions:
Move to adopt the attached resolution.
Attachments:
Proposed resolution, proposed proclamation, and the canvass of the vote documents.
rA'
RESOLUTION NO. 2006-
A RESOLUTION DECLARING THE CANVASS OF THE VOTE OF THE
ELECTION HELD IN AND FOR THE CITY OF ASHLAND, OREGON, ON
NOVEMBER 7, 2006.
RECITALS:
A. The City Council of the City of Ashland met on the 19th day of December, 2006,
at the City of Ashland's Civic Center and proceeded to canvass the vote cast at
the election held in and for the City of Ashland on the yth day of November, 2006.
B. The Council has canvassed the vote and has determined the number of votes for
the positions and measures as follows:
CITY OF ASHLAND CITY RECORDER
Barbara Christensen
Yohanna Storm
Write-Ins
6.035
2.251
11
COUNCIL MEMBER - POSITION NO.1
Alice Hardesty
Write-Ins
6.168
560
COUNCIL MEMBER - POSITION NO.2
Greg Lemhouse
Eric Navickas
Write-Ins
4.285
4.502
47
COUNCIL MEMBER - POSITION NO.4
Nick Frost
Bruce Harrell
Kate Jackson
John Stromberg
Write-Ins
533
874
4.278
3.031
12
COUNCIL MEMBER - POSITION NO.6
David Chapman
Frank Dalziel
Randy Dolinger
Write-Ins
1-
5.481
530
1.943
73
G:\Iegal\Office\ORD\C\Canvass of the Vote 1106 Reso.doc
PARKS COMMISSIONER - POSITION NO.3
Rich Rosenthal
Write-Ins
5.536
89
PARKS COMMISSIONER - POSITION NO.4
Melody Noraas
Ronald G. Tracy
Write-Ins
5.771
932
29
PARKS COMMISSIONER - POSITION NO.5
Mike Gardiner
Write-Ins
5.285
75
CITY OF ASHLAND MUNICIPAL JUDGE
Pamela Burkholder Turner
Joe Charter
Michael Jewett
Write-Ins
4.319
2.630
1.642
11
15-65
15-70
Amends Municipal Charter Requiring Voter Yes 5.221
Approval of a Property Transfer Tax No 3.356
General Obligation Bond Authorization for Yes 3.654
Public Fire Station Construction No 5.392
General Obligation Bond Authorization for Yes 4.406
Fire Department Aerial Ladder Truck No 4.629
15-69
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Barbara Christensen is declared to be the duly elected city recorder of the
City of Ashland.
SECTION 2. Alice Hardesty is declared to be the duly elected council member for
Position No.1.
SECTION 3. Eric Navickas is declared to be the duly elected council member for
Position No.2.
SECTION 4. Kate Jackson is declared to be the duly elected council member for
Position No.4.
2-
G:\legaI\Office\ORD\C\Canvass of the Vote 1106 Reso.doc
SECTION 5. David Chapman is declared to be the duly elected council member for
Position No.6.
SECTION 6. Rich Rosenthal is declared to be the duly elected parks commissioner for
Position No.3.
SECTION 7. Melody Noraas is declared to be the duly elected parks commissioner for
Position No.4.
SECTION 8. Mike Gardiner is declared to be the duly elected parks commissioner for
Position No.5.
SECTION 9. Pamela Burkholder Turner is declared to be the duly elected municipal
judge for the City of Ashland.
SECTION 10. Measure 15-65, which posed the following question is declared to have
passed: "Shall Article 12, Section 4, be added to the Ashland City Charter requiring
voter approval of any property transfer tax"?
SECTION 11. Measure 15-69, which posed the following question is declared to have
failed: "Shall the City be authorized to issue general obligation bonds in an amount not
to exceed $5,500,000? If the bonds are approved, they will be payable from taxes on
property or property ownership that are not subject to limits of Section 11 and 11B,
Article XI, of the Oregon Constitution"?
SECTION 12. Measure 15-70, which posed the following question is declared to have
failed: "Shall the City be authorized to issue general obligation bonds in an amount not
to exceed $900,OOO? If the bonds are approved, they will be payable from taxes on
property or property ownership that are not subject to limits of Section 11 and 118,
Article XI, of the Oregon Constitution"?
SECTION 13. This resolution takes effect upon signing by the Mayor.
This resolution was read by title only in accordance with Ashland Municipal Code
92.04.090 and duly PASSED and ADOPTED this day of , 2006.
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2006.
Revi
,/ ~.
//
Mfhael
3,
John W. Morrison, Mayor
G:\IegaI\Office\ORD\C\Canvass of the Vote 1106 Reso.doc
PROCLAMATION
I, John W. Morrison, Mayor of the City of Ashland, Oregon, do proclaim that at
the election held in the City of Ashland, Oregon, on the ih day of November, 2006,
there was submitted to the voters the question of the election of persons to various
elective offices in the City, and it is hereby declared that the following persons were
elected to the positions set forth next to their names:
City of Ashland City Recorder Barbara Christensen
Council Member, Position #1 Alice Hardesty
Council Member, Position #2 Eric Navickas
Council Member, Position #4 Kate Jackson
Council Member, Position #6 David Chapman
Parks Commissioner, Position #3 Rich Rosenthal
Parks Commissioner, Position #4 Melody Noraas
Parks Commissioner, Position #5 Mike Gardiner
City of Ashland Municipal Judge Pamela Burkholder Turner
Additionally, there was submitted to the voters a measure regarding amending
the municipal charter requiring voter approval of a property transfer tax which posed the
question: "Shall Article 12, Section 4, be added to the Ashland City Charter requiring
voter approval of any property transfer tax"? This measure is declared to have passed
with 5,221 affirmative votes to 3,356 negative votes.
A second measure regarding general obligation bond authorization for public fire
station construction was submitted to the voters which posed the question: "Shall the
City be authorized to issue general obligation bonds in an amount not to exceed
$5,500,000? If the bonds are approved, they will be payable from taxes on property or
property ownership that are not subject to limits of Section 11, and 118, Article XI, of the
Oregon Constitution"? This measure is declared to have failed with 5,392 negative
votes to 3,654 affirmative votes.
A third measure regarding general obligation.bond authorization for fire
department aerial ladder truck was submitted to the voters which posed the question:
"Shall the city be authorized to issue general obligation bonds in an amount not to
exceed $900,000? If the bonds are approved, they will be payable from taxes on
property or property ownership that are not subject to limits of Section 11 and 118,
Article XI, of the Oregon Constitution?" This measure is declared to have failed with
4,629 negative votes to 4,406 affirmative votes.
Dated at Ashland, Oregon, this day of December, 2006.
John W. Morrison, Mayor
NAME HEADING CANVASS
GENERAL ELECTION
NOVEMBER 7. 2006
JACKSON COUNTY. OREGON
RUN DATE:11/25/06 12:43 PH
REPORT.ELU1
PAGE 0001
CITY RECORDER ASHLAND CITY
Vote For 1
B C
a h
r r
b ; W
a s Y S R
r t o t I
a e h 0 T
n a r E
s n m
e n I
n a N
(NON) (NON) (NON)
0002 2 Ashland 1676 614 5
0004 4 Ashland 1464 660 1
0007 7 Ashland 1268 539 3
0010 10 SOU 57 31 0
0013 13 Ashland 1570 407 2
CANDIDATE TOTALS 6035 2251 U
CANDIDATE PERCENT 72.73 27.13 .13
COUNCILHEHBER. POS 1 ASHLAND CITY
Vote For 1
A H W
1 a R
; r I
c d T
e e E
s
t I
y N
(NON) (NON)
0002 2 Ashland 1673 155
0004 4 Ashland 1619 137
0007 7 Ashland 1350. 132
0010 10 SOU 96 1
0013 13 Ashland 1430 135
CANDIDATE TOTALS 6168 560
CANDIDATE PERCENT 91.67 8.32
COUNCILHEHBER. POS 2 ASHLAND CITY
Vote For 1
G L E C N W
r e r . a R
e m i v I
9 h c ; T
0 c E
u k
s a I
e s N
(NON) (NON) (NON)
0002 2 Ashland 1228 1229 16
NAME HEAD I NG CANVASS
GENERAL ELECTION
NOVEMBER 7. 2006
JACKSON COUNTY. OREGON
RUN DATE:11/25/06 12:43 PM
REPORT.ELU1
PAGE 0002
COUNCILMEMBER. POS 2 ASHlAND CITY
Vote For 1
G L
E C N
(CONTINUED FROM PREVIOUS PAGE)
r e
e m
9 h
o
u
s
e
(NON)
r . a
; v
c ;
c
k
W
R
I
T
E
a
s
(NON)
I
N
(NON)
CANDIDATE TOTALS
CANDIDATE PERCENT
991
849
32
1161
4261
48.41
1259
1042
59
907
4496
51.08
8
13
o
7
44
.49
0004 4 Ashland
0007 7 Ashland
0010 10 SOU
0013 13 Ashl and
COUNCILMEMBER. POS 4 ASHLAND CITY
Vote For 1
J S
o t W
B H K J h r R
r a a a no I
N F u r t c m T
; r c r e k b E
c 0 e e s e
k s 1 0 r I
t 1 n 9 N
(NON) (NON) (NON) (NON) (NON)
0002 2 Ashland 108 225 1253 896 1
0004 4 Ashland 162 178 1064 795 4
0007 7 Ashland 103 221 873 706 3
0010 10 SOU 19 11 35 25 1
0013 13 Ashland 141 239 1053 609 3
CANDIDATE TOTALS 533 874 4278 3031 12
CANDIDATE PERCENT 6.10 10.01 49.01 34.72 .13
COUNCILMEMBER. POS 6 ASHLAND CITY
Vote For 1
R D W
D C F D a 0 R
a h r a n 1 I
v a a 1 d ; T
; p n z y n E
d m k ; 9
a e e I
n 1 r N
(NON) (NON) (NON) (NON)
0002 2 Ashland 1603 125 516 26
0004 4 Ashland 1343 144 563 12
0007 7 Ashland 1176 93 459 22
0010 10 SOU 50 23 13 1
0013 13 Ashland 1309 145 392 12
NAME HEADING CANVASS
GENERAL ELECTION
NOVEMBER 7. 2006
JACKSON COUNTY. OREGON
RUN DATE:11/25/06 12:43 PM
REPORT-ELll1
PAGE 0003
COUNCILMEMBER. POS 6 ASHLAND CITY
Vote For 1
R D W
D C F D a 0 R
a h r a n 1 I
v a a 1 d i T
i P n z y n E
d m k i 9
a e e I
n 1 r N
(CONTINUED FROM PREVIOUS PAGE) (NON) (NON) (NON) (NON)
CANDIDATE TOTALS 5481 530 1943 73
CANDIDATE PERCENT 68.28 6.60 24.20 .90
PARKS AND RECREATION COMMISSIONER. pas 3 ASHLAND CITY
Vote For 1
R R
i 0 W
c s R
h e I
n T
t E
h
a I
1 N
(NON) (NON)
0002 2 Ashland
0004 4 Ashland
0007 7 Ashland
0010 10 SOU
0013 13 Ashland
CANDIDATE TOTALS
CANDIDATE PERCENT
1514 25
1393 27
1193 19
93 0
1343 18
5536 89
98.41 1.58
PARKS AND RECREATION COMMISSIONER. pas 4 ASHLAND CITY
Vote For 1
W
R
R G T M N I
o . r e 0 T
n a 1 r E
a c o a
1 y d a I
d y s N
(NON) (NON) (NON)
0002 2 Ashland 223 1601 7
0004 4 Ashland 239 1494 8
0007 7 Ashl and 175 1291 8
0010 10 SOU 21 61 1
0013 13 Ashland 274 1324 5
CANDIDATE TOTALS 932 5771 29
CANDIDATE PERCENT 13.84 85.72 .43
NAME HEADING CANVASS
GENERAL ELECTION
NOVEMBER 7. 2006
JACKSON COUNTY. OREGON
RUN DATE:11/25/06 12:43 PM
REPORT -EL111
PAGE 0004
PARKS AND RECREATION COMMISSIONER. POS 5 ASHLAND CITY
Vote For 1
M G W
; a R
k r I
e d T
; E
n
e I
r N
(NON) (NON)
0002 2 Ashland
0004 4 Ashland
0007 7 Ashland
0010 10 SOU
0013 13 Ashland
CANDIDATE TOTALS
CANDIDATE PERCENT
1433 26
1352 19
1123 15
90 1
1287 14
5285 75
98.60 1.39
MUNICIPAL JUDGE ASHLAND CITY
Vote For 1
P B T
a u u
m r r W
J C e k n M J R
. o h 1 h e ; e I
e a a 0 r c w T
r 1 h e E
t d a t
e e e t I
r r 1 N
(NON) (NON) (NON) (NON)
0002 2 Ashland 671 1239 510 2
0004 4 Ashland 654 1161 374 2
0007 7 Ashland 591 918 367 6
0010 10 SOU 30 35 21 0
0013 13 Ashland 684 966 370 1
CANDIDATE TOTALS 2630 4319 1642 11
CANDIDATE PERCENT 30.57 50.20 19.08 .12
15-65
ASHLAND CITY AMENDS CHARTER: VOTER APPR OF PROP TRAN TAX
Vote For 1
Y
e N
s 0
(NON) (NON)
0002 2 Ashland 1429 947
0004 4 Ashland 1310 852
0007 7 Ashland 1097 774
0010 10 SOU 70 38
0013 13 Ashl and 1315 745
CANDIDATE TOTALS 5221 3356
CANDIDATE PERCENT 60.87 39.12
NAME HEADING CANVASS
GENERAL ELECTION
NOVEMBER 7. 2006
JACKSON COUNTY. OREGON
RUN DATE:ll/25/06 12:43 PM
REPORT - EL111
PAGE 0005
15-69 ASHLAND CITY BOND FOR FIRE STATION CONSTRUCTION
Vote For 1
y
e N
s 0
(NON) (NON)
0002 2 Ashland 971 1540
0004 4 Ashland 905 1370
0007 7 Ashland 817 1170
0010 10 SOU 67 45
0013 13 Ashland 894 1267
CANDIDATE TOTALS 3654 5392
CANDIDATE PERCENT 40.39 59.60
15-70
ASHLAND CITY BOND FOR FIRE DEPART AERIAL LADDER TRUCK
Vote For 1
y
e N
s 0
(NON) (NON)
0002 2 Ashland
0004 4 Ashland
0007 7 Ashland
0010 10 SOU
0013 13 Ashl and
CAND IDA TE TOTALS
CANDIDATE PERCENT
1181
1081
1004
69
1071
4406
48.76
1329
1187
988
42
1083
4629
51.23
I certify the votes recorded on this abstract correctly summarize the tally of votes cast.at
the election indicated.
//-d 7-t!-;~
date
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ABSTRACT OF Vo:r-ES AT GENERAL AND ABSTRA ~ :~ESAT PRIMARY-~LECTioNS -.
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