HomeMy WebLinkAbout2007-0403 Council Mtg Packet
CITY OF
ASHLAND
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
April 3, 2007
Civic Center Council Chambers
1175 E. Main Street
6:00 p.m. Executive Session to discuss pending litigation pursuant to ORS 192.660(2)(h).
7:00 p.m. Regular Meeting
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES
V. ~PPROVAL OF MINUTES [5 minutes}
V T Regular Council meeting minutes of March 20, 2007
J 2. Continued Council meeting minutes of March 23, 2007 (continued from March 20)
VI. PECIAL PRESENTATIONS & AWARDS
1. Mayors Proclamation of Arbor Week
2. Tree City USA Presentation
VII. CONSENT AGENDA [5 minutes]
1. Minutes of Boards, Commissions, and Committees
2. Memo regarding Capital Improvement Financing
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
S2.04.040})
1. 2007 Communi 10 ment Block Grant (CDBG) Award
V' 2. Adoption a Resolutio orizing and Or. . .on of the Schofield /
Monte Vista 0 mprovement District d Adoption of Findings
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]
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US
X. FINISHED BUSINESS
Emergency Shelter Policy [15 Minutes)
ipartite Housing Committee Report [15 Minutes)
irst Readin 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" [30 Minutes)
XII.
AND MISCELLANEOUS BUSINESS
ommunity Development Planning Organizational Review [1 Hour)
~.
D LUTIONS AND CONTRACTS
Second Reading b itle only of an Ordinance Titled "An Ordinance Amending
c Ions .005, 10.30.020 A. and 10.30.030 A. of the Ashland Municipal Code
Addressing 0 Burning and Requirements for Permitted Fires"
Reading of Resolution I , "A Resolution Transferring Appropriations Within the
2006-2007 Bu ge
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
L1~NS
C 1. vision of City Council Rules
XIV. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the City Administrator's office at (541) 488-6002 (ITY phone number 1-800-735-
2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I).
COUNCIL MEETINGS ARE BROADCAST LIVE ON cHA~'NEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.lJS
ASHLAND CITY COUNCIL MEETING
MARCH 20, 2007
PAGE 1 of8
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
March 20, 2007
Civic Center Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Morrison called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLLCALL
Councilors Hardesty, Navickas, Hartzell, Jackson, Silbiger and Chapman were present.
MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES
Mayor Morrison provided an explanation of the annual appointment process and stated the new appointments
would be made at the April 17 , 2007 City Council Meeting.
APPROVAL OF MINUTES
The minutes pfthe Executive Session meeting of March 7, 2007 and Special Meeting of March 7,2007 were
approved as presented. The minutes of the Regular Council meeting of March 6, 2007 were approved with the
following correction: Page 3, third paragraph, should read "deferring" instead of "differing".
SPECIAL PRESENTATIONS & AWARDS
Access Inc. provided a presentation on their year-end review.
Mayor's Proclamation of March 22,2007 as "World Water Day" was read aloud.
CONSENT AGENDA
1. Minutes of Boards, Commissions, and Committees.
2. Citizen Advisory Committee Interchange Area Management Plan.
3. Approval of Public Contract Greater than $75,000 Underground Cable Pulling Trailer.
4. Approval of Public Contract Greater than $75,000 12- Yard Dump Trucks - Two (2) Each.
5. Cable Television Contract Addendum.
6. Declaration and Authorization to Dispose of Surplus Property Cable TV - Digital Set Top Boxes.
7. Liquor License Application - Russell Bjerka dba Downtown Poker Club.
Mayor Morrison requested the make-up of the Citizen Advisory Committee be amended to include Bicycle &
Pedestrian Commissioner David Young.
Councilors JacksonlHardesty m/s to approve Consent Agenda as amended for the Citizens Advisory
Committee. Voice Vote: all AYES. Motion passed.
PUBLIC HEARINGS (None)
PUBLIC FORUM
Graham Lewis/1284 Orchid Street/Spoke on behalf of the United Methodist Church and invited the
community to attend the ground breaking ceremony for their new office and education complex on March 25,
2007 at 10:30 a.m.
Colin Swales/461 Allison Street/Requested the Council move the Request to Appeal Planning Action
#2006-02354 item further up on the agenda, and noted this matter is time sensitive. Mr. Swales also suggested
that prior interpretations of the City's land use ordinance be made available on the City's website.
ASHLAND CITY COUNCIL MEETING
MARCH 20, 2007
PAGE 2 of8
Art Bullock/Commented on the replacement charter proposed for the May ballot, and noted Article 19,
Section 1, which addresses Lithia Park, has been removed. Mr. Bullock voiced his concern with the removal
of this language and stated it would allow the Council to sell Lithia Park.
Mayor Morrison clarified the land in Lithia Park is well protected and there is no intention to sell it. City
Attorney Mike Franell explained there are state statues in place that impose significant restrictions on the
disposal ofland that was acquired for park purposes. He stated it would be virtually impossible for the City to
dispose of the land within Lithia Park, and clarified one of the goals of the Charter Review Committee was to
remove items from the charter that are superseded by state law.
Ambuja Rosen/Commented on her proposed anti-tethering ordinance and explained why she comes before
Council at every meeting to promote this ordinance. Ms. Rosen noted that she has previously provided logical
reasons for this ordinance and shared some of her emotional reasons. She. stated she feels intense compassion
for animals, especially those that are forced to live on chains, in travel crates, or in overcrowded kennels.
Hillary Tiefer/565 Wrights Creek Drive/Commented on the tethering ordinance and compared this issue to
the film "Amazing Grace". Ms Tiefer voiced support for a humane ordinance and noted the need to recognize
that animals are suffering and ameliorate their condition.
. Mayor Morrison addressed the request for a change in the order of agenda items. Councilor Navickas noted
the IS-day appeal period and explained this is the only chance the Council will have to address this. Mayor
Morrison moved the Request for Council to Appeal PA #2006-02354 to the second item under New and
Miscellaneous Business.
UNFINISHED BUSINESS
1. Reading of a Resolution titled, "A Resolution of the City Council of the City of Ashland Reiterating
its Policy of Relating the Expenditure of Monies for Economic and Cultural Development to the
Hotel/Motel (Transient Occupancy) Tax and Repealing Resolution 2004-32."
Mayor Morrison questioned if there was Council consensus on how they would like to address this issue
tonight. Councilors Jackson and Silbiger voiced support for determining the allocations for the grantees at
tonight's meeting. Councilors Hardesty and Hartzell voiced support for determining the allocations for the
small grantees, but postponing the Chamber of Commerce and Oregon Shakespeare Festival grants until the
Council has had further discussions with the Chamber during a study session.
City Administrator Martha Bennett clarified the minimum action the Council needs to take tonight is to decide
what to allocate to the small grants. She stated the grant applications are due on April 2, 2007 and the Budget
Subcommittee is scheduled to meet on April 11 and 12 to determine the proposed allocations. Ms. Bennett
clarified staff has asked that all grantees submit applications, including the Chamber of Commerce and the
Oregon Shakespeare Festival.
Comment was made suggesting the Council adopt a resolution with one-year tenure, and noting it may be
too late to resolve all of the issues in time for this budget year.
Assistant City Attorney Richard Appicello clarified the defmition of a grant according to the Oregon
Administrative Code and stated the City Council could treat the allocation to the Chamber of Commerce either
as a grant, or through a formal RFP process. He noted the main restriction is the constitutional provision that
states the City cannot use public money for private benefits.
Administrative Services Director Lee Tuneberg commented on the provisions identified in the resolution and
explained that when applicants apply for a grant from the City, they are required to indicate how they would
use the funding.
ASHLAND CITY COUNCIL MEETING
MARCH 20, 2007
PAGE 3018
Comment was made questioning if it is possible to structure the resolution so all grants are allocated the same
amount awarded last year, with the amount adjusted for growth or inflation. Mr. Tuneberg clarified this could
be done, but noted the stipulation that the City must continue to use 14.23% of the total TOT revenue for
tourism.
Graham Lewis/1284 Orchid StreetlPresident of Ashland Chamber of Commerce/Commented on the
Chamber's long history of cooperation and collaboration with the City. Mr. Lewis noted the work and
activities the Chamber has completed and requested the City and the Chamber continue to work together.
Mark Marchetti! Ashland Community Hospital/Spoke in support of the Chamber's economic development
activities. He commented on the appropriate payer mix and noted the importance oflocal businesses that offer
health insurance to their employees. Mr. Marchetti stated that this is the key to the continued success of the
hospital and the community.
Pam Hammond/632 Walnut Street/Co-owner of Paddington StationINoted she is on the Board of
Directors for the Chamber of Commerce and has owned her business for 14 years. Ms. Hammond noted the
importance of having a support system and commented on the various activities of the Chamber that help to
grow her business. She noted she would not be able to afford do these things on her own and stated the
Chamber is an incredible asset to businesses in Ashland.
Sandra Slattery/Ashland Chamber of Commerce President/Commented on the report the Chamber
provided to the Council in January detailing the scope of their programs. She stated that tourism is the front
door for economic development and noted the number of individuals they serve each year though their office,
the Plaza information booth, and their website. Ms. Slattery commented on a few of the accomplishments of
the Chamber and stated they believe they have leveraged this money best by partnering with the private sector
to promote and enhance the community. She stated the Chamber takes pride in generating revenue toward the
general fund that helps to pay for all City services and stated they value this partnership with the City.
David Runkal/586 East Main Street/Stated the 14% allocated to tourism seems low and noted that this
percentage is much higher in most municipalities in Oregon. Mr. Runkal stated it is premature to discuss an
increase to the TOT tonight since no plan has been put forward on how the additional money would be spent.
He recommended the City work with individuals in the hospitality community to discuss how the additional
tourism money could be used. ~
Mike Morris/720 South Mountain Avenue/Commented on the Housing Commission report and noted the
two goals lists in the report are to: 1) bring 200 new students to Ashland, and 2) bring additional families to
Ashland to maintain the viability of the community hospital. Mr. Morris stated that he could think of no other
organization other than the Chamber that has the ability to improve the economics of families in Ashland.
Comment was made noting that some of the smaller grantees only received half of what was requested last
year and suggestion was made for the Council to consider reducing the amount given to the Chamber in order
to allocate more to the smaller grantees.
Councilor Navickas/Hardesty mls that $200,000 be allocated to the Chamber of Commerce and that
they shift $57,550 to the other grant applications for a more equitable balance in grant allocations; and
to remove $57,000 from the economic development section of the TOT grants. DISCUSSION:
Councilor Navickas suggested that this would be a fairer balance. Councilor Hardesty commented on the
activities of the Chamber and suggested the City think more seriously about its role in economic development.
She suggested delaying the allocation to the Chamber of Commerce and the Oregon Shakespeare Festival
until after the Council has had a discussion with the Chamber. Councilor Silbiger voiced his opposition to the
ASHLAND CITY COUNCIL MEETING
MARCH 20, 2007
PAGE 4 of8
motion and in regards to a previous statement that was made, commented that most grantees typically ask for
more money than they expect to receive. Councilor Jackson opposed the motion and voiced support for
adopting a one-year allocation and staying close for this next fiscal year to what they have been doing.
Councilors Hartzell and Chapman also voiced their opposition to the motion. Councilor Navickas stated he
also supports economic development, but suggested the Chamber may not be the best direction to place funds
for this. Roll Call Vote: Councilor Navickas, YES. Councilor Hartzell, Jackson, Silbiger, Hardesty and
Chapman, NO. Motion failed 5-1.
Councilor Hartzell noted there would be a meeting with the consultant who was hired to perform a study on
economic development on Thursday, March 23,2007 from 4 p.m. to 6 p.m. at The Grove.
Council Hartzelllllardesty m/s to delay adoption of this resolution and the final allocation to the
Chamber of Commerce until a Study Session of the Council that will occur before the end of Mayor
sooner, and that the Council adopt last years allocation to other grants, the Shakespeare Festival, and
the Visitor and Convention Bureau based on last years allocation with the increase based on change in
revenue stream. DISCUSSION: Councilor Hartzell stated this motion would allow for the allocation to the
other grants and permit the Council to have a discussion with the Chamber of Commerce on their report and
economic development. She also commented on the need to further discuss the $2,500 minimum grant
allocation proposed by staff and stated she is uncomfortable with the goals as outlined. Councilor Jackson
voiced her opposition to the motion and noted that these organizations are in the process of preparing their
budgets and deserve the stability of one more year before the Council makes changes. She suggested adopting
the proposed resolution with the following amendment: Page 2, Section 4, include subsection 'G' from
Resolution 2004-32. Councilor Chapman voiced support for approving something similar to what they
currently have and to resolve the other issues in the next few months.
Councilor JacksonlSilbiger m/s to call for the question. Roll Call Vote: Councilor Jackson, Silbiger,
Chapman, Hardesty, and Hartzell, YES. Councilor Navickas, NO. Motion passed 5-1.
Roll Call Vote on Motion: Councilor Hartzell, Navickas and Hardesty, YES. Councilor Jackson,
Silbiger, and Chapman, NO. Mayor Morrison, NO. Motion failed 4-3.
Councilor Silbiger/Chapman m/s to approve resolution with allocation percentage for the small grants
to be based on 4% as brought forward by staff, and the amount for OSF be 3% which is the inflation
figure as brought forward by staff, and that the Chamber amount will be allocated at 3% as brought
forward by staff, and the details of that contract will be negotiated in good faith by Council after a
Study Session within the next 60 days.
Councilor JacksonlHardesty m/s to amend motion to bring forward Section 4, Item G from the
existing resolution to the proposed resolution. DISCUSSION: Councilor Jackson clarified this item allows
the Public Arts Commission to apply for grants. Comment was made suggesting that the City could consider
allocating a higher percentage of funding to art instead of including this provision. Roll Call Vote on
Amendment: Councilor Jackson, Silbiger, Navickas, Chapman, and Hardesty, YES. Councilor
Hartzell, NO. Motion passed 5-1.
Discussion on Original Motion as Amended: Councilor Silbiger clarified the intent of his original motion
was to adopt the proposed resolution with the specific allocations outlined. City Administrator Martha
Bennett clarified this would alter the figures listed in the first two paragraphs on Page 2 of the proposed
resolution. Councilor Hartzell voiced her opposition to the motion. Comment was made suggesting that they
consider this as a one-year resolution and the Council should work on revising this outside of the budget
process so that they can give it their full attention.
ASHLAND CITY COUNCIL MEETING
MARCH 20, 2007
PAGE 5 of8
Councilor Chapman motioned to change Section 4, Item D to a minimum grant allocation of $1,000.
Motion died due to lack of second.
Roll Call Vote on Original Motion with approved Amendment: Councilor Hartzell, Jackson, Silbiger,
Chapman and Hardesty, YES. Councilor Navickas, NO. Motion passed 5-1.
2. Emergency Shelter Policy
Item delayed due to time constraints.
3. OSF Paving ("The Bricks") item from Philip Lang.
Mr. Philip Lang addressed the Council and provided his presentation on the Oregon Shakespeare Festival's
paving situation. Mr. Lang explained the bricks are in violation of City code, and stated OSF has
acknowledged the problem, but has failed to remedy the situation. He shared his concern that an injured party
could have legal recourse against the City, since the Festival is on City park land.
Based on his site observations, personal experiences, and slope measurements taken of the site, Mr. Lang
issued the following comments:
I) Some of the bricks are deteriorating, broken and chipped; and in other areas they have settled, have
non-uniform slopes, and are uneven.
2) There are many areas with excessive grades that are unsuitable for safe walking.
3) The longitudinal slope of the sidewalk area adjacent to Pioneer Street has a slope measurement of
12.5%; the sidewalk area on the west side of Pioneer Street is constructed of clay brick pavers and
exposed aggregate concrete; and the sidewalk on the east side area is constructed of exposed aggregate
concrete.
4) The plaza area in front of the box office is hazardous to walk on due to the extreme slope and the
smooth surface of the brink pavers; and this condition gets worse and more dangerous when the
surface is wet or icy. Mr. Lang stated current codes for public use spaces, outside of right-of-ways,
dictates that slopes over 5% require handrails on both sides of the walkway and the maximum
allowable slope for ADA access is 8.33% with a 2% cross-slope.
5) The longitudinal slopes of the sidewalk areas in the Pioneer Street right-of-way are exempt from ADA
requirements; however, the cross-slope may not exceed 2%, and the City's specifications indicate
sidewalks shall be constructed of Portland cement.
6) Exposed aggregate fmishes on sidewalks entrap water and moisture more readily than a typical broom
fmish surface and therefore can make them slippery in wet and icy weather.
Mr. Lang reviewed the AMC sections as well as sections of the OSF lease that he believes are enforceable and
recommended the OSF plaza area be redesigned to provide adequate and safe movement of pedestrians and
patrons in a manner that meets accessibility requirements, the needs of the festival, and the safety of the
public. Mr. Lang stated the City has a moral obligation to prevent further injury to citizens and OSF patrons, a
legal obligation to enforce the conditions of the lease requiring ADA conformity and repairing maintenance,
and a fiscal obligation to prevent liabilities to the citizens and the taxpayers of Ashland.
Paul Nicholson/Oregon Shakespeare Festival Executive Director/Provided an explanation on the status of
this project. Mr. Nicholson stated OSF hired a design fIrm in June 2005 for the redevelopment of the brick
courtyard and have had a significant number of meetings to determine a solution. They have also hired a
company who completed a survey of the entire area in November 2005. He noted the best time to complete
this work will be between November and the end of January, which is when they are closed and there are no
patrons on site. Mr. Nicholson noted the OSF Board has approved the design and identified the construction
phase to begin at the end of the 2007 season. However, because of the shortened off-season this year, they
have contemplated delaying the construction for one more year.
ASHLAND CITY COUNCIL MEETING
MARCH 20, 2007
PAGE 6 of8
Comment was made suggesting aSF commit to completion of the construction by March of 2008. Mr.
Nicholson stated he would need to confIrm if this deadline is possible with their general contractor. He
clarifIed the area of bricks that will need to be replaced and stated they are more concerned than anyone about
the level of safety for their patrons.
City Administrator Martha Bennett clarifIed staff's assessment of the City's liability has not changed and
stated the lease places all liability on aSF.
Councilor Navickas/Hartzell mls to send a letter to OSF outlining the code violations and requesting
that they take action to remedy the problem during the next off season, and that this is a high priority
due to liability issues. DISCUSSION: Councilor Hardesty questioned if construction could be done in
phases so that it could begin sooner. Public Works Director Paula Brown stated she would not recommend
performing this type of work in phases while there are people around. Mr. Nicholson clarifIed it is their intent
to move forward with construction at the end of the 2007 season; however this is dependent on whether the
contractor can complete the work during the shortened off-season. He added he would not delay the timeline
without fIrst consulting with the City.
Councilor Hartzell motioned to amend the motion for the letter to OSF to acknowledge tonight's
meeting, the issues that were raised, and commits the City staff to work with OSF to bring about
completion of the project if at all possible by March 2008. DISUCSSION: City Attorney Mike Franell
clarifIed if the City is involved in this project it will increase the City's liability. Motion withdrawn.
Discussion on Original Motion: Ms. Bennett suggested the Council request an update to the aSF
construction schedule after a decision is made at aSF's June board meeting.
Councilor N avickas/Hartzell m/s to amend motion to simplify th~ language of the letter to specifically
bring up the discussion by the Council tonight, and that it is our priority to have this completed during
the next off season. Voice Vote: All AYES. Motion passed.
Roll Call Vote on Original Motion as Amended: Councilor Navickas, Hartzell, Hardesty, and Chapman,
YES. Councilor Jackson and Silbiger, NO. Motion passed 4-2.
Councilor Hartzell/Hardesty m/s to extend meeting until 10:30 p.m. Voice Vote: Councilor Hartzell,
Chapman, Hardesty, and Navickas, YES. Councilor Jackson and Silbiger, NO. Motion passed 4-2.
'"
NEW AND MISCELLANEOUS BUSINESS
1. Restaurant Grading System item from John Jory.
Mr. John Jory recommended the City pass an ordinance requiring restaurants and food service establishments
to post a letter score based on their health department grade. He stated studies have shown that restaurants
improve their cleanliness when required to post their health inspection grades. Mr. Jory stated counties are not
permitted to pass such a law, but stated the City would be allowed to do so. He proposed the City adopted a
posting ordinance requiring restaurants to provide a copy of their inspection report to the City within three
days, and the City would then provide a grade card to be placed in a prominent place so that it is visible to
patrons from the street. Mr. Jory suggested if a restaurant does not comply, that they be issued a fme for each
day they fail to post their inspection grade. He also noted that he has received support from both citizens and
restaurants for his grading proposal.
Art Bullock/Commented on the symptoms of food poisoning and stated it is extremely difficult to determine
the source. Mr. Bullock stated the most effective way to deal with food poisoning is prevention and voiced
support of the proposed grading system.
ASHLAND CITY COUNCIL MEETING
MARCH 20, 2007
PAGE 70f8
Drew Bailey/455 Laurel Street/Regional Representative for Oregon Restaurant Association and Oregon
Lodging AssociationlExplained the State Department of Health oversees the inspection program and the
County adheres to their requirements. He noted that patrons can easily access the County's web site to view
restaurant scores and stated that enforcement of this ordinance could overburden the City's code enforcement
office or the Police Department. He noted there may also be legislation that prohibits the City from doing this.
Mr. Bailey questioned if grocery stores, retirement homes, and schools would be included in the grading
system and voiced opposition to placing another burden on the restaurant industry.
Councilor Hartzell/Navickas mls to direct staff to analyze the options for implementing a restaurant
grading system with an emphasis on using business licenses or some other means to simplify the
process. DISCUSSION: Councilor Hardesty questioned if this could be a voluntary system. Councilors
Jackson and Silbiger voiced opposition to the motion. Suggestion was made for Mr. Jory to lobby the State to
make changes to their policy. Councilor Hartzell clarified her motion and stated there could be a way for the
City to do this simply by including the inspection score on business licenses. City Administrator Martha
Bennett clarified there would be significant staff time involved to determine if the City is preempted to do this,
and determine how difficult it would be to administer. She stated this is a significant program they are
considering undertaking and staff would need to give this the amount of diligence required. Roll Call Vote:
Councilor Navickas, YES. Councilor Hardesty, Chapman, Silbiger, Hartzell, and Jackson, NO.
Motion failed 5-1.
Councilor HartzelllHardesty mls continue meeting to Friday, March 23, 2007 at 1 p.m. Roll Call Vote:
Councilor Hartzell, Hardesty, and Navickas, YES. Councilor Chapman, Jackson, and Silbiger, NO.
Mayor Morrison, YES. Motion passed 4-3.
2. Request for Council to appeal PA #2006-02354 (as outlined by AMC 18.108.110).
Continued to March 23, 2007.
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."
Continued to March 23, 2007.
2. Second Reading by title only of an Ordinance Titled" An Ordinance Amending Sections 10.30.005,
10.30.020 A. and 10.30.030 A. of the Ashland Municipal Code Addressing Outdoor Burning and
Requirements for Permitted Fires."
Continued to March 23,2007.
3. Second Reading by title only of an Ordinance Titled" An Ordinance Amending Ashland Municipal
Code Chapter 9.24 to Require Removal and Disposal of Non-Certified Woodstoves and Fireplace
Inserts Upon Conveyance of Real Property, Requiring Disclosure and Removal Certification."
Continued to March 23,2007.
4. Reading of a Resolution titled, "A Resolution Setting a Public Hearing for Assessments to be
Charged Against Lots Within the Nevada Street Local Improvement District No. 85."
Continued to March 23,2007.
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
1. Tripartite Housing Committee Report.
Continued to March 23, 2007.
ASHLAND CITY COUNCIL MEETING
MARCH 20, 2007
PAGE 8 of8
ADJOURNMENT
Meeting adjourned at 10:22 p.m.
Barbara Christensen, City Recorder
John W. Morrison, Mayor
CITY COUNCIL CONTINUED MEETING
MARCH 23. 2007
PAGE I of4
MINUTES FOR THE CONTINUED MEETING
ASHLAND CITY COUNCIL
March 23, 2007
Civic Center Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Morrison reconvened the continued Council meeting of March 20, 2007 at I :00 p.m.
Councilors Hartzell, Hardesty, Silbiger, Chapman and Navickas were present. Councilor Jackson was absent.
NEW AND MISCELLANEOUS BUSINESS
1. Request for Council to appeal PA #2006-02354 (as outlined by AMC 18.108.110).
Mayor Morrison informed the Council that there was a split vote on this action when it was before the Planning
Commission and two City policies may be in conflict. He clarified the Council is not making a decision on the
merits of the Planning Action, but rather whether they wish to review this to see if there are conflicting
policies.
City Attorney Mike Franell explained the Council has the authority to call for an appeal, but generally, this
type of action is reserved for issues that are of significant policy consideration for the City. Mr. Franell noted
the applicants and the other parties involved in the action also have the ability to appeal. He explained this
issue involves a conflict between two City policies. The first is the arterial setback standards and the other is
the historical design standards. The Planning Commission weighed these issues seriously and determined that
the historical design standards took precedence. Mr. Franell stated if the Council wishes to look at the policy
implications involved, bring them forward, and provide guidance to the Planning Commission, it would be
appropriate for them to bring forward the appeal. Mr. Franell cautioned the Council to not discuss the merits of
this action until there is a full hearing, and to limit their discussion today to whether there is a policy
implication significant enough to warrant the Council taking action.
Ex Parte Contact:
Councilor Hartzell noted she is the liaison to the Planning Commission, but did not attend this meeting or
review the meeting materials. She indicated she met with the Planning Director on site to discuss the policy
question she had and how it would relate to this action. She noted Councilor Chapman was also present at the
site visit.
Mr. Franell clarified communications with staff are not necessarily ex parte contact; however any information
gleamed from the site visit would need to be a more detailed disclosure if this issue is called up for appeal.
Councilor Hardesty stated she spoke with the Planning Director about this issue and also spoke briefly with
Mr. Swales to let him know she had not received any information from staff on this issue. She also indicated
that she read the Daily Tidings article on this issue.
Councilor Chapman stated he conducted a site visit and indicated he was on the Tree Commission when the
landscaping for this project came before them.
Councilor Navickas noted he has been involved in the broader issue for some time and has made comments at
Planning Commission meetings in the past, but not in regards to this specific project. He also noted he
accidentally placed a lawn sign on this property when he was running for office.
Councilor Silbiger stated he read the Daily Tidings article, has driven past the site, and has received letters
CITY COUNCIL CONTINUED MEETING
M4RCH 23. 2007
PAGE 2 of4
from Mr. Swales and one from Councilor Navickas suggesting an appeal.
Mayor Morrison indicated he has read the staff memos and reviewed the emails from Mr. Swales. He stated he
does not believe there was anything he reviewed that would have an impact on any decision he would make.
All councilors indicated they had no bias and could make objective decisions.
Councilor Silbiger explained that he would have to leave early and urged the Council to not make an appeal.
Councilor Silbiger left the meeting at 1: 13 p. m.
Council offered their comments and preferences in regards to this issue. Councilor Hartzell voiced her interest
in making sure they are protecting arterials and ensuring the City has the space it needs to make future bicycle
and pedestrian improvements on North Main Street. Councilor Navickas commented on integrity in the land
use process and stated when citizens perceive land use decisions that contradict each other, it is the Council's
responsibility to step in and issue a ruling. Councilor Chapman voiced his preference for a citizen to bring
forward an appeal, rather than the Council. He stated he has not researched the issue enough to know what the
conflict and policies are. Councilor Hardesty also indicated that she does not know enough about the policies in
question and the degree of conflict, but stated that this is a problem that needs to be solved. Mayor Morrison
noted the City is currently in the process of reviewing the Land Use Ordinance and stated he is reluctant for the
Council to call this up. He added developing good policy and legislation is usually not best achieved through a
judicial or quasi-judicial process.
Mr. Franell clarified there are ordinance provisions that require the design standards to be applied, and clarified
the issue is balancing between which standard is more important. He stated that Council's role is to set the
mechanisms by which that balance occurs and to have a process where an appointed commission applies the
mechanisms the Council provides. He added that it would be appropriate for the Council to step in if they feel
they need to provide additional guideance to the Planning Commission in the balancing between standards.
Councilor HartzelllNavickas m/s that Council appeal PA #2006-02354 for a hearing. DISCUSSION:
Councilor Hardesty voiced support for calling this forward. Councilor Chapman shared his concern that they
are getting dangerously close to prejudging this. Councilors Hartzell'and Navickas clarified their general
concerns are not with this specific proposal. Roll Call Vote: Councilors Hardesty, Navickas and Hartzell,
YES. Councilor Chapman, NO. Motion passed 3-1.
ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Reading of a Resolution titled, "A Resolution Setting a Public Hearing for Assesments to be
Charged Against Lots Within the Nevada Street Local Improvement District No. 85."
Art Bullock/Request the Council not schedule the final public hearing and final assessment until the appeals
process has been completed., He asserted that there were problems with this project that need to be resolved.
Mr. Bullock also requested that COl.ijlcil alter the requirements listed at the bottom of the Speaker Request
Form and stated this language could cause an unnecessary court case.
City Administrator Martha Bennett requested Council not debate the question of the Speaker Request Form
until she has had the opportunity to consult with legal. In regards to the Nevada LID, she indicated stafIwould
brief the Council on the status of the lawsuits during an Executive Session in April, and recommended Council
proceed with scheduling the public hearing. She added if Council decides to postpone the hearing after the
Executive Session it can be rescheduled. She encouraged them to adopt the proposed resolution and noted that
staff cannot proceed with any of the next steps until Council sets the hearing.
I'
CITY COUNCIL CONTiNUED MEETING
M4RCH 23. 2007
PAGE 3 of4
City Attorney Mike Franell clarified that Mr. Bullock did not prevail at the Circuit Court level and stated that
he was unable to show that the City acted inappropriately or in contradiction to the ordinances. He noted that
Mr. Bullock has now appealed the Circuit Court decision. Mr. Franell stated he is confident that the Court of
Appeals will uphold the Circuit Court decision and indicated that it is appropriate and financially prudent for
the City to continue with the process.
Councilor Hartzell/Chapman mls to approve Resolution #2007-09. Roll Call Vote: Councilor
Chapman, Hardesty and Hartzell, YES. Councilor Navickas, NO. Motion passed 3-1.
2. 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."
Mayor Morrison noted that Councilor Jackson reqeusted that this item be deferred until she could be present to
participate. He noted that he would be willing to hear public testimony at today's meeting since there are
individuals present who signed up to sl?eak.
Councilor Hartzell requested that Council honor these types of requests by other councilors and suggested
possibly scheduling a special meeting to discuss this issue and stated she would like a better analysis of some
of the issues.
Councilor Chapman left the meeting at 1 :57 p.m.
Council agreed to take public testimony but defer a decision to the next meeting.
Colin Swales/461 Allison Street/Stated that citizens are fed up with what has been perceived as a lack of
ethics and noted that this item has been on the Council agenda since September, but has repeatedly been
delayed. Mr. Swales commented that the proposed ethics ordinance is not perfect, but stated it goes a long way
to solving some of the problems experienced in the past and urged the Council to recognize the urgency of this
ordinance.
Art BullocklProvided the following three complaints in regards to the proposed ordinance: 1) the ordinance
does not apply the same provisions of the current policy applicable to city employees to elected and appointed
officials, 2) there are no provisions in the ordinance that would allow for any kind of independent resolution of
an ethics violation, and 3) claimed there is a serious problem with trust and integrity in the Planning
Department and commented on the provision that prohibits commission members from representing clients
before another body of the city.
Dale Shostroml1240 Tolman Creek Road/Chairman ofthe Historic Commission. Expressed concerns with
the proposed changes to the ethics ordinance and stated the changes would adversely impact the Historic
Commission and its membership. Mr. Shostrom commented on Section E, Conflict of Interest, subsection 4
and expressed concern with the second part of the regulation which reads "... or in any action or proceeding
before another board, commission or the City Council..." He stated this portion of the ordinance is too
restrictive and would create a loss of professional members to the Historic Commission, Tree Commission, and
the Building Appeals Board. He noted the Historic Commission could lose funds as a result ofthis ordinance,
and the quality of plan review could also be affected.
Mayor Morrison noted this item would be scheduled appropriately.
3. Second Reading by title only of an Ordinance Titled" An Ordinance Amending Sections 1 0.30.005,
10.30.020 A. and 10.30.030 A. of the Ashland Municipal Code Addressing Outdoor Burning and
Requirements for Permitted Fires."
Suggestion was made for was made for staff to come forward to answer Council's questions, but for Council to
"--'.
CITY COUNCiL CONTiNUED MEETiNG
MARCH 23.2007
PAGE 4 of4
postpone a decision until the full Council is present.
Fire Chief Keith Woodley addressed the Council and noted there are four options presented in the staff report.
He commented on Councilor Chapman's request for staff to consider a burning ban in Ashland that would only
be lifted on a site specific basis if the Fire Department felt there were no other alternatives to open burning. He
noted staffs proposal is to restrict open burning to wildfire fuels and noxious weed eradication only.
Request was made for staff to provided an amended staff memo with the new alternatives when this item is
presented to the Council. Mr. Woodley asked that Council share their preferences for burning outside of the
zone.
4. Second Reading by title only of an Ordinance Titled" An Ordinance Amending Ashland Municipal
Code Chapter 9.24 to Require Removal and Disposal of Non-Certified Woodstoves and Fireplace
Inserts UpQn Conveyance of Real Property, Requiring Disclosure and Removal Certification."
Councilor HardestylHartzell m/s to approve Ordinance #2936. Roll Call Vote: Councilor Navickas,
Hardesty and Hartzell, YES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERSIREPORTS FROM COUNCIL LIAISONS
1. Tripartite Housing Committee Report.
Item will be placed on future agenda.
ADJOURNMENT
Meeting adjourned at 2:24 p.m.
John W. Morrison, Mayor
Barbara Christensen, City Recorder
~.-
CITY OF
ASHLAND
Council Communication
Tree City USA Presentation
Meeting Date: April 3, 2007
Department: Community Development
Contributing Departments: Planning
Approval: Martha Bennett ~
Primary Staff Contact: Angela Barry
E-mail: barrva((i)ashland.or.us
Secondary Staff Contact: Bill Moln~. _
E-mail: molnarb((i)ashland.or.us \:Iv\/,-
Estimated Time: 5-10 Minutes
Statement:
The National Arbor Day foundation and its sponsor, the Oregon Department of Forestry (ODF) have announced that the City
of Ashland has been recognized as a Tree City USA for the 22nd consecutive year.
Background:
For the past 22 years the City of Ashland has meet the four criteria set forth by the National Arbor Day Foundation. The four
criteria include a tree care ordinance, establishment of a tree board or commission, spending at least $2 per capita on a
community tree care program and conducting an Arbor Day or Arbor Week ceremony.
Related City Policies:
The Comprehensive Plan has a policy in the Parks, Open Space and Aesthetics Chapter 8.17which states: "The
City shall take necessary steps to annually be a Tree City, USA."
The City's ordinances related to this topic are the Street Tree Commission, Powers and Duties in Chapter 2.25 of
the Ashland Municipal Code and the Tree Preservation and Protection Ordinance in Chapter 18.61 of the Ashland
Land Use Ordinance.
Council Options:
For information only.
Staff Recommendation:
For information only.
Potential Motions:
For information only.
Attachments:
National Arbor Day Foundation - Award Letter
National Arbor Day Foundation - Press Release
rj.'
OA The National
~ Arbor DayFoundation@
211 N. 12th St. · Lincoln, NE 68508. 402-474-5655 lmlOUJ...M.._......
We inspire people to plant, nurture, and celebrate trees.
March 8, 2007
The Honorable John Morrison
Mayor of the City of Ashland
20 E. Main Street
Ashland, OR 97520
IfDJ ~ @ ~n [1/ ~ ~l..'
'I1IJ MAR 1 3 2007 ~
By
~
Dear Mayor Morrison,
Congratulations to Ashland on being named as a 2006 Tree City USA!
Trees in our cities and towns help clean the air, conserve soil and water, moderate
temperature, and bring nature into our daily lives. Trees are a vital component of the
infrastructure in our cities and towns, and provide environmental and economical benefits. A
community, and its citizens, that recognize these benefits and provide needed care for its trees
deserves recognition and thanks.
Tree City USA recognizes communities that have proven their commitment to an effective,
ongoing community forestry program. Such a program is one marked by renewal and
improvement.
Tree City USA is sponsored in cooperation with the National Association of State Foresters
and the USDA Forest Service. State foresters are responsible for the presentation of the Tree
City USA flag and other materials. We will forward your awards to Paul D. Ries in your state
forester's office. They will be coordinating the presentation with you. It would be especially
appropriate to make the Tree City USA award a part of your Arbor Day ceremony.
Again, congratulations on receiving this national recognition for your tree-care program.
Best regards,
~~
John Rosenow
President
cc: Amy D. Anderson
~:=""I'SOv"INKL
For more information, contact
Dan Lambe, Vice President at
dlambe@arborday.org or Woodrow
Nelson, Director of Marketing at
wnelson@arborday.org or call
888-448-7337
News from
~ The National
~ Arbor DayFoundation@
211 N. 12th 51.' Lincoln, NE 68508' 402-474-5655 ~m..."...........
We inspire people to plant, nurture, and celebrate trees.
FOR IMMEDIATE RELEASE:
Ashland Named Tree City USA
Ashland has been named a Tree City USA community by The National Arbor Day
Foundation to honor its commitment to community forestry. It is the twenty-second year
Ashland has received this national recognition.
The Tree City USA program is sponsored by The National Arbor Day Foundation in
cooperation with the National Association of State Foresters and the USDA Forest Service.
Ashland has met the four standards to become a Tree City USA community: a tree board or
department, a tree care ordinance, a comprehensive community forestry program, and an Arbor
Day observance.
"Trees in our cities and towns help clean the air, conserve soil and water, moderate
temperature and bring nature into our daily lives," said John Rosenow, president of The National
Arbor Day Foundation. "Tree City USA designation recognizes the work of elected officials,
staff and citizens who plant and care for the community forest."
"Trees are a vital component of the infrastructure in our cities and towns, and provide
environmental and economical benefits," Arbor Day Foundation President Rosenow added. "A
community, and its citizens, that recognize these benefits and provide needed care for its trees
deserves recognition and thanks."
# # #
~:=""I'sOY'INKl.
MINUTES FOR THE STUDY SESSION
ASHLAND CITY COUNCIL
March 19, 2007
Civic Center Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Morrison called the Study Session to order at 5: 15 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilors Hardesty, Navickas, Jackson, Silbiger, and Chapman were present. Councilor Hartzell arrived
at 5:20 p.m.
1. Discussion of UDdate on the City's Fleet Proeram.
Public Works Director Paula Brown introduced Maintenance Safety Supervisor Mike Morrison, Jr.
Mr. Morrison provided a presentation on the City's fleet program, which covered:
· Overview of the City's fleet program
· Review of current purchasing practices
· Pros and cons of alternative technology
· Potential use of alternative technologies
. Options for future purchasing strategies
Mr. Morrison clarified the biodiesel fuel purchased at the Grange is a blend of 20% biodiesel and 80%
conventional diesel. He recommended this fuel be used only for out of warranty vehicles since
manufacturers void engine warranties if a higher concentrate than 5% biodiesel and 95% conventional is
used.
Comment was made questioning if it is .possible for the City to share equipment and vehicles with the
Parks and Recreation Department, Ashland schools, or possibly the cities of Talent or Phoenix. Mr.
Morrison noted the City does share some equipment with the Parks Department; however their functions
are much different than the City's. In regards to sharing vehicles with other cities, Mr. Morrison noted the
City's equipment is used frequently and the majority of it is used everyday. Ms. Brown commented that
the Parks and Recreation Department is in the process of taking over some of the grounds maintenance
functions for the schools.
Suggestion was made for the City to take into consideration where the soy beans used to make biodiesel
fuel are grown. Mr. Morrison clarified currently the biodiesel fuel is coming out of the Midwest by train
car; however there are plans to build biodiesel plants here in Oregon.
Recommendation was made for the City to reconsider its "American only" policy for vehicle purchases.
Support was voiced for the creation of the Equipment Acquisition Committee as proposed by staff.
Mr. Morrison noted that staff has been testing the 5% biodiesel mix on emergency vehicles. Although the
testing to date has been successful, he recommended further testing before biodiesel fuel is placed in all of
the City's emergency vehicles.
Suggestion was made for the proposed Committee to look into programs and incentives for City
employees and commuters to reduce emissions. Additional suggestion was made for the City to consider
bicycles and motorcycles as alternatives to the light vehicles.
Ms. Brown noted that staff would bring forward options for consideration when it is time to purchase new
vehicles.
Mr. Morrison noted the City had received a grant to install diesel particulate filters and oxidation catalysts
in the City's existing diesel equipment and that this retrofit will take place during the 2008-09 fiscal year.
Ms. Brown stated if the City purchased the two electric vehicles outlined in the budget package, these
could be used by City staff for the frequent trips between the North Mountain offices and City
Hall/Community Development Building.
Council thanked Mr. Morrison for his presentation and voiced support for developing a policy for the
City's fleet.
2. Look Ahead Review.
City Administrator Martha Bennett noted the Rogue Valley Council of Government presentation
scheduled for tomorrow night has been postponed. She stated the next study session scheduled for April
2,2007 is a discussion on the City's local improvement district policies. And stated the Schofield/Monte
Vista LID, a supplemental budget, and a report from the Community Development Director will come
before Council at their regular meeting on April 3, 2007. Ms. Bennett added the Right Water, Right Use
study session will be held on April 16, 2007, and the condominium conversion ordinance will come
before Council on April 17, 2007.
It was clarified the Street and Pole Banner right-of-way discussion is on the Look Ahead due to questions
raised by the Kiwanis Club, Gary Smith, representing the A Street merchants, and the Lithia Artisans
Guild. Assistant City Attorney Richard Appicello clarified this discussion will address the use of the flag
holders and the banner policy.
Ms. Bennett clarified that due to the noticing requirements, April 17, 2007 is the soonest the
condominium conversion ordinance can come before Council. She also noted that there are items staff is
currently tracking that are not on the Look Ahead, including Council Goals, the Railroad Property, and an
update on RVTD.
3. Discussion of Mavor and Council Proposed Bude:et.
Management Analysis Ann Seltzer presented the staff report and reviewed the Mayor and Council
materials and services budget for FY08. She noted the total amount of funds for travel and training is
$14,935 and requested the Council discuss whether the current practice of allocating funds meets their
needs.
Suggestion was made for the training budget to be divided up amongst the Council, so that each would
have funding to participate in training opportunities that are important to them.
Comment was made recommending that travel to Washington D.C. for lobbying be separately accounted
for in the budget.
Several councilors commented on their experiences with the League of Oregon Cities conference and
whether they found it beneficial. Ms. Seltzer noted the importance for the council to participate in these
conferences and stated it is an important opportunity to connect with other elected officials and obtain
governmental training. She suggested staff reduce the assumption of how many councilors participate
each year to four or five and allocate the remainder of the funds amongst Council.
City Administrator Martha Bennett agreed that councilors should periodically attend the League of
Oregon Cities. She also suggested the following changes to the allocation of the budget funds:
· Budget for two Council members to participate in the Washington D.C. lobby trip, with the
Council determining each year who will attend.
· Set aside $1,000 for each member of the Council to participate in training of their choice.
· Budget for most of the Council to attend the League of Oregon Cities.
· Budget for one trip for the Mayor to attend the Oregon Mayors Association.
Request was made for staff to provide periodic updates on the CouncillMayor budget. Additional
suggestion was made requiring council members to provide a mandatory report upon completion of
training sessions.
4. Review of Rei!ular Meetioi! Ai!eoda for March 20. 2007.
City Administrator Martha Bennett asked each councilor to identify which agenda items they have
questions on, and to list those questions for staff so that they can be prepared to provide answers at
tomorrow night's meeting.
Council noted the following agenda items they have questions on:
1) Citizen Advisory Committee Interchange Area Management Plan
2) Transient Occupancy Tax Resolution
3) Open Burning Ordinance
4) Emergency Shelter Policy
Citizen Advisory Committee Interchange Area Management Plan
Councilor Chapman noted the concerns of the Bicycle & Pedestrian Commission and suggested a
representative from this Commission be added to the Committee. Councilor Hartzell agreed with this
suggestion and questioned if the Mayor had received any applications from a disabled resident who could
serve on the committee as well. Councilor Hardesty suggested including a member from the Public Arts
Commission. Mayor Morrison noted the number of members could be expanded, but stated a smaller
group would be more effective.
Management Analyst Ann Seltzer clarified this is an ODOT committee, and no City staff has been
assigned. She noted the purpose of this committee it to look specifically at the interchange (on-ramps and
off-ramps). City Administrator Martha Bennett noted there will be a technical advisory committee that
staff could participate on, and stated this Citizen Advisory Committee is not the appropriate place for the
public art component. Ms. Seltzer agreed and noted the overpass itself will be a separate component.
Recommendation was made for the members of this committee to be given a copy of the City's
Transportation Plan. Additional suggestion was made for this committee's meeting schedule, as well as
other special group and subcommittee meetings, be posted on the City's website.
Transient Occupancy Tax Resolution
Councilor Chapman suggested they have an informal study session meeting with the Chamber of
Commerce to discuss economic development prior to allocating the Chamber TOT funds. He suggested
the Council consider only allocating money to the small grants tomorrow night and to hold off on
awarding funds to the Chamber of Commerce and the Oregon Shakespeare Festival until the study session
has occurred.
Comment was made questioning if the money given to the Chamber of Commerce is considered a
contract or a grant and requesting advice from the City's legal counsel on this tomorrow night.
Councilor Navickas voiced his discomfort with discussing items from tomorrow nights meeting agenda.
Staff clarified that the Council could decide to postpone the allocation decision for the Chamber and OSF;
however staff needs to know how much to allocate to the small grantees by the beginning of April.
Outdoor Burning Ordinance
Councilor Chapman requested staff bring forward options tomorrow that could be added for issuing
permits that will minimize burning in the City.
Emergency Shelter Policy
Comment was made questioning where the 9 p.m. closing regulation came from. Fire Chief Keith
Woodley explained the concerns of the shelter monitors was taken into consideration and the doors would
be locked at 9 p.m. for security purposes. He clarified this policy was patterned after what the church had
been doing.
Mr. Woodiey clarified he would check with the National Guard Armories to see if they have an
emergency shelter policy in place.
ADJOURNMENT
Meeting adjourned at 7:55 p.m.
Respectfully submitted,
April Lucas, Assistant to City Recorder
Bicycle & Pedestrian Commission
January 18th, 2007 Regular Minutes
Roll Call: Chair Dylan Robbins, Jim Olney, David Young, Vice Chair Tracy Harding (late),
Selene Aitken, Tom Burnham
Council Liaison: David Chapman
Staff: David Stalheim, Community Development Director; Derek Severson, Associate Planner
Steve McLennan, Police Officer (absent)
RVTD liaisons: Paige West & Steve Maluk, TDM Planners
High school liaison: Vacant SOU liaison: Nathan Meyerson (absent)
Call to Order
Chair Robbins called the meeting to order at 5:15 p.m
ADDroval of Minutes - November 16. 2006
Olney/Aitken m/s to approve the minutes of the November 161\ 2006 meeting as presented. Voice vote: All
AYES. Motion passed.
Public Forum
None.
Introductions
Those present introduced themselves to new member Tom Burnham.
Severson introduced the Director of Community Development, David Stalheim, who was present to observe the
meeting.
Severson noted that both Bleicher and Rostykus had resigned in the past few days due to scheduling conflicts, and
indicated that the Mayor's office was in the process of advertising to recruit new members. He also pointed out that
there were several recent resumes on file from the most recent recruitment where Burnham was selected. Young
indicated that he would have preferred a chance to discuss scheduling options in order to try to retain Bleicher and
Rostykus.
Budaet UDdate
Severson noted that in addition to the information presented in the memo, there was approximately $1,710 in the
Wheeldon Memorial Fund.
Severson explained that he had followed up and while there was over $3,000 in the account for the helmets and
lights line item, these items had not been budgeted for expenditure. He suggested that he would need to follow up
on current costs, but felt that it was likely that money could be found to purchase lights during this fiscal year.
Young clarified, asking that front lights be purchased to supplement the 43 rear lights already on hand. Teige noted
that there were helmets on hand at Parks and these could be shared with Police until more were purchased.
Subcommittee & Liaison ReDorts
Teige gave a brief update on the Bike Swap subcommittee meetings. She noted that the Parks Department hoped to
hire someone to reconcile receipts after the Swap, as there was not staff time available to do this. She noted that
they would pay a living wage and that the expenditure would not exceed $185. She suggested that they would prefer
to hire Harding to do this as she had experience with the Swap and the tasks. She clarified that the payment would
not be for the volunteer efforts in support of the Swap, but rather for work that would normally be done by paid
staff. She indicated that she didn't feel this created any conflicts.
Severson indicated that under Oregon public officials ethics laws, the fact that Harding would have direct financial
benefit did represent a conflict of interest. He clarified that this was not a problem in and of itself, and added that it
did require that Harding not participate in the discussion or the vote on this matter. He noted that these funds were
2006-1116 Bike & Ped minutes
Page 1 0[5
held by a private non-profit, the Ashland Parks Foundation, and that they had graciously allowed the Commission a
recommending authority in how the funds were spent. He emphasized that the Commission did not have the
budgetary authority to enter into contracts or appropriate funds on behalf of the City, and that in this case the request
was for a recommendation to the Parks Foundation to support their desire to expend funds they hold as a private
non-profit from previous Bike Swap proceeds.
Young indicated that he was somewhat uncomfortable with discussing payment to a commissioner just for the
potential appearance of impropriety. Olney noted that the Commission could simply approve the request with a
recommendation that Parks could pay someone to do the required work, and that the Commission would not be
involved in the selection of who was hired.
OlneyNoung mls to recommend that the Parks Foundation expend an amount not to exceed $185 from Bike
Swap funds to pay a part-time person at living wage levels to handle reconciliation of receipts after the Bike
Swap. Voice vote: All AYES, with Harding abstaining. Motion passed.
Severson noted that the Verde Village had submitted a revised proposal addressing changes made in response to the
Commission's recommendations from last month.
Severson explained that there was a Commissioner Appreciation Event scheduled for March 12th, and indicated his
hope that a least a few members would be available to table at the event.
Olney noted that he had attended one meeting of the Jackson County Bicycle Advisory Committee and would try to
keep doing this as his schedule allowed.
Update on Council's 12/4 Discussion of Bikepaths
Severson gave brief background, noting that the City had received federal funds to complete this project, but in the
time since those funds were received significant increases in the cost of the project had occurred due to federal
engineering requirements and right-of-way acquisition. As such, the cost of the project had increased by more than
three times. He explained that Public Works Director Paula Brown had made a presentation to the Council in early
December but had been unable to update this Commission beforehand due to the timing of the meetings. He
explained that Brown was recommending repayment of the funds amounting to approximately $90,000 to remove
the federal funds, and thus their requirements and increased costs, and also noted that Brown would like the
Commission to engage in helping to update the City's Transportation System Plan with regard to bikepaths and
bicycle and pedestrian facilities. Members were generally supportive of Brown's recommendation. Severson noted
that this item would again be coming to the Council on February 20th for further discussion.
Reauest for partnership and $200 financial support of ICLEI from Commission Funds
Severson noted the history behind this request, explaining that the City has previously participated in ICLEI
programs for local government sustainability but that a fee has recently been instated to support ICLEI and engender
a greater sense of ownership in their members. He noted that the Conservation Commission and the Conservation
Department would each be picking up a $200 one-third share, and suggested that it was appropriate for this
Commission to pay one-third given that the primary focus of likely measures to reduce greenhouse gas emissions
would have to do with reducing automobile use within the community. He added that many of the Commission's
recent successes have come through partnerships (with B.T.A., the Parks Foundation, etc.) and then suggested that
as important as the ideas behind ICLEI were he felt the opportunity to begin a meaningful partnership with
Conservation was of equal value here.
Burnham questioned the nature of ICLEI programs and their appropriateness to this commission, as many seemed
energy or transit related. He questioned why the Council couldn't just pay the membership fee rather than tapping
this Commission's limited funds.
Members noted that the opportunity for partnership were valuable, as was the potential third-party program support
from ICLEI, and that Ashland would have the opportunity to tailor a program to its own needs. Robbins emphasized
that being involved would give the Commission a greater say in how this program was designed and implemented.
2006-1116 Bike & Ped minutes
Page 2 0[5
YounglHarding m/s to expend $200 in Commission Funds to pay a one-third share of the City's membership
in ICLEI. Voice vote: All AYES. Motion passed.
Election of Officers
It was agreed to delay this item until after the appointment of new members to fill the two recently created
vacanCIes.
Goal Settina
Goal setting began with an open brainstorming session to identify concerns and interests of those present:
Robbins noted his interest in eliminating obstacles, including classist barriers, that prevent people from cycling.
Dubois noted the need to follow up on recent discussions of doing a better job to promote walking. He noted ways
to do this might include a pedometer program, or through outreach and partnerships with local employers.
Bill Hyman, audience member and League of American Bicyclists certified instructor, suggested that all
commissioners need to be educated on street smart cycling and that the commission needs to completely review city
ordinances and policies relating to bicycles. He noted for instance that by law all bicycles are to be licensed, but
suggested that there is currently no mechanism for licensing in place.
Burnham suggested that the Commission look at the Comprehensive Plan and its Transportation Element and make
carrying these out the focus of their work. West suggested creating a matrix to identify goals and policies and how
they are addressed.
Audience member Elaine Shanafelt urged the commission to work toward completing sidewalks and furthering
Greenway connectivity, particularly between Mountain, Nevada and Oak Streets. Severson briefly discussed the
Council and Public Works Departments rolls in the LID process, but noted that the Commission could take a roll in
making recommendations and that one obvious opportunity to do so would be through annual review of the
Miscellaneous Concrete Projects. He added that the Greenway connection was still being pursued, but that right-of-
way acquisition was a time consuming matter that was limited by cost and property owner willingness. Stalheim
emphasized that Commission input should be a guiding force in determining project priority rather than relying
strictly on vocal citizens to raise issues of project priority, as the Commission's have a better big picture grasp of
existing facilities and connectivity needs.
Young identified the Safe Routes to School Program as a priority.
Aitken indicated that she would like to work to promote a culture of non-motorized transportation, and suggested
that the way she saw doing this was through a weekly Car Free Day as had been previously discussed.
Burnham said there was a need for more marketing and promotion through the preparation of printed educational
material. West noted that RVTD could be a partner in a marketing campaign.
Members noted the need to focus on repairing and maintaining infrastructure including bike lanes, bikepaths,
sidewalks, and signage, and to put greater emphasis on the annual review of Miscellaneous Concrete Projects.
Members identified a need to focus on partnerships with the BTA, Traffic Safety, Parks and Recreation, Parks
Foundation, Police Department, Public Works Department, Conservation Division, Conservation Commission, and
AsWand Community Hospital. Members also indicated that there could be more outreach to bike shops and to the
University, and efforts could be made to better integrate efforts with those of other advocacy groups including
Siskiyou Velo, the Southern Oregon Sizzlers, Silver Striders, the local running shop, etc. Members noted that
Siskiyou Velo might be a funding partner, and that efforts could be made to build partnerships to offer classes and
distribute educational materials.
Aitken exited at 6:30 p.m..
2006-1116 Bike & Ped minutes
Page3 of 5
It was suggested that efforts be made to focus on driver education, either through the distribution of materials,
teaching of classes, or required diversion programs for drivers ticketed for violating pedestrian or cyclist rights. It
was also noted that the Commission could sponsor a forum on cyclists rights and responsibility similar to the one
put on by the BTA in Medford last year.
West discussed the Safe Routes grant that would be coming up shortly. Severson noted that there was a grant
application previously prepared to install sidewalks on Laurel adjacent to Helman School. He explained that while
it had been rejected due to issues with the Laurel Street railroad crossing" it could be slightly modified for
resubmittal and would have all of the legwork essentially complete. West noted that ideally the state was looking
for these applications to come through coalitions or task forces consisting of citizens, police, planning departments,
and school districts. West asked that Severson provide her with a copy of the previously submitted Laurel Street
grant application.
Members noted that continuing Car Free Day and expanding to include weekly car free observances, continuing the
Bike Swap and bike safety education program with the B.T.A. were also priorities.
Hyman suggested working to educate the police and local judges about enforcement. Dubois added that tickets
should be fairly sizeable or in the form of fix-it tickets or diversion programs.
Members suggested forming a committee to address regional transportation issues.
Severson noted that in transitioning from the brainstorming portion of the session to developing more concrete
plans, it was important to consider some things: he emphasized that staff time to support commission activities was
limited; that the time available essentially went to preparing agendas, packets and minutes and attending meetings;
that the Council had directed staff to not take on new work programs other than through Council goal setting; and
that members also realistically consider how much time they were willing to commit before developing an overly
ambitious goal list. Members discussed the need for champions to energize and promote individual items.
Harding indicated that she would continue to work on expanding Car Free Day, and on the Bike Swap.
West indicated that she would work on expanding and facilitating Safe Routes to School efforts, including the grant
application.
Robbins indicated that he would work on education, outreach and promotion, possibly to include classes, brochures
and outreach to the local judge.
Young indicated that he would work on the memorial to Carole Wheeldon.
Teige, Dubois and Hyman all indicated an interest in working on offering adult bicycle education opportunities.
Olney noted that he would continue to attend the Jackson County Bicycle Advisory Commission meetings, and
Burnham suggested that he would work on outreach and development of strategic partnerships with Siskiyou Velo.
Severson agreed to prepare a draft outreach letter that could be included with the Commission's agenda when it is
sent to other organizations, and suggested that if anyone had other groups in mind for outreach they let him know
and he could update the mailing list. Members suggested that meeting times could be provided to Siskiyou Velo for
inclusion on their calendar as well.
Members suggested that infrastructure to include Greenway, bikepath, bikelane, and sidewalk connectivity, signage,
review of Miscellaneous Concrete Projects, and work with Public Works on the Transportation System Plan remain
on the radar screen as items to be addressed.
New Business
Harding noted that April 14th was to be a national day of action on climate change, and stated that the Conservation
Commission was forming a subcommittee to look at this issue to meet the second Wednesday of each month at 7:00
p.m. She stated that she would follow up and provide additional details as they become available.
2006-1116 Bike & Ped minutes
Page 4 of5
Aaenda Items for Next Month
Goal Setting follow-up, Next Year's budget request, Wheeldon Memorial, Bike Lights and Helmets, Pedometers.
Adiournment
The meeting was adjourned at 7:15 p.rn.
Upcomina Meetinas:
Regular Meeting - February 15th, 2007 at 5:15 p.m.
2006-1116 Bike & Ped minutes
Page 5 of5
CITY OF
ASHLAND
Minutes
Conservation Commission
02/28/07
These Minutes will be reviewed by Conservation Commission at the March 21,2007
Conservation Commission Meeting.
February 28, 2007
7:00 pm
Community Development Building
51 Winburn Way
Ashland
CALL TO ORDER
Chairperson Dave Chapman called the meeting to order at 5:10 p.m. in the Siskiyou Room at the
Community Development Building.
ROLL CALL
Attendees: Risa Buck, Lindsay Gerken, Kathryn Houser, Jim Hartman, Ross Finney, Melissa Schweisguth
(arrived 5:50), and Stuart Corns (5:45) were present. Russ Chapman was not present
City Council Liaison: Dave Chapman
Staff Liaison: Dick Wanderscheid
WELCOME
City Councilor Chapman introduced himself, and explained he would be the new City Council Liaison and
Chair for the Conservation Commission.
APPROVAL OF MINUTES
Ashland Sanitary corrected the minutes, submitted corrected statement and read into the minutes.
"The event will include a wide spectrum of waste management issues including a landfill model to an onsite
composing of much in between. The hope is to create greater awareness and educating people about how
they can be part of the solution by generating less garbage, reducing consumption and recycling more."
She also clarified it would be the Commission members that would organize, figure out the schedule, and
display content for the event.
Commissioner Finney made a motion to approve the minutes of January 24, 2007 with the state
corrections and Commissioner Houser the motion.
Voice vote: all Ayes. The motion passed with a unanimous vote.
Commissioner Gerken corrected the word emitting under goals.
cc min 02 28 07 .doc
Page 1 of 4
The minutes of the Conservation Commission Meeting of January 24, 2007 were approved with stated
corrections.
PUBLIC FORUM
No one present at this time to speak.
Huelz Gutcheon choose to speak at the end of the agenda, time permitting.
ASHLAND SANITARY & RECYCLING UPDATE:
Commissioner Buck reported for Ashland Sanitary inviting everyone to view the new information display
located at the recycle center. She stated Ashland Sanitary will put the compost class dates on their
website and also down at the recycling center when those dates are determined. Also, she reported they
have sent in 7-8 boxes of toners to recycle which helps to fund the recycling of florescent bulbs.
Commissioner Buck announced Ashland Sanitary will add to curbside recycling, beginning on Earth Day,
tubs, no lids. Commissioner Finney wondered what material this would be recycled into, and Commissioner
Buck will research and get back to the Commission.
Commissioner Buck reported that Jackson County would apply for a grant with Rogue Water System for
special events kits, for example the July 4th city event and then Ashland Sanitary would have access to
these containers. They would be able to offer clear stream recycling containers at large events, and the
hope is that schools or other organizations that hold events, could use them also. This is still in the
planning stages and she will keep the Commission informed.
OLD BUSINESS
Green Tag Update
Dick Wanderscheid updated the Commissions reporting the stats as follows:
Individual residential sales increased by 77%, in 2006 from 2005.
Business results:
2003 177 tags sold (started Quarter 3)
2004 562 tags sold
2005 966 tags sold
2006 2187 tags sold
2007 1698 so far sold
2008 1558 pre-sold contract sales
BEF (Bonneville Environmental Foundation) received about 27,000 from the sales in Ashland, and the City
receives 1.00 per green tag sold in Ashland, which has funded the Wilderness Charter School project, and
will fund more solar projects in the future.
Commissioner Finney remarked that this years Academy Award show purchased green tags to offset the
energy used in the show, thereby announcing the show was now "Green."
Woodstove Removal Ordinance Update
Dick Wanderscheid reported that next week at the City Council meeting, the councilors would consider an
ordinance that would require removal of wood stoves upon sale of existing homes that was being driven by
Federal standards. The cities of Medford, Jackson County, Talent, and Jacksonville have already passed
the ordinance. Commissioner Buck wondered about the banning of open burning, and Mr. Wanderscheid
remarked that topic was also on the City Council agenda. The members also discussed portable chippers,
green waste carts and auto wood pellet machine. Mr. Wanderscheid will report back at the next meeting.
2007 Goals
The Commission members reviewed, discussed the draft goals and determined Commissioner Finney
would re-write them with changes and present them to the Commission at the next meeting for adoption.
cc min 02 28 07 .doc
Page 2 of 4
Dick Wanderscheid explained his desire to combine the efforts of different groups now meeting, the Cities
for Climate Protection, long-term sustainability resolutions, and global warming into one working group.
The basic outline for Cities for Climate Protection is to verify the inventory, establish targets,
implementation, measurement and revise. He feels by the end of 2007, there would be established targets
and all groups would would work well and fit within the parameters of Cities ofr Climate Protection.
Jim Hartman passed out minutes of the Global Warming meeting held on February 14th, 2007 and gave a
brief update to the Commission.
JCRP Update
Jackson County Recycling Partnership
Dick Wanderscheid reported about a meeting that Commissioner Buck, Commission Chapman and himself
attended. The first step will be to establish agreements to formalize this organization and one of their
current goals will be to get a $30,000 grant to study what is the best way to deal with hazardous waste.
Earth Day Schedule
April 21 ,2007.
The Commission decided to have a table separate from the Conservation Department, but located next to
each other. Mary will send out a sign-up schedule. There is a website where anyone can receive
information:
www.roQuevallevearthdav.net
NEW BUSINESS
Compost classes
Dick Wanderscheid reported Claudia Law will no longer be able to conduct the classes but recommended
Denny Morelli to take her place. Tentative dates would be May 12, June 16, and July 21 of 2007. The
Commission has in the past presented the instructor with a $100.00 gift certificate of his choice.
Commissioner Houser made a motion to continue supporting the Compost Classes. Commissioner Buck
seconded the motion.
Voice vote: all Ayes. The motion passed with a unanimous vote.
Science Works Global Warming Forum
Science works contacted Dick Wanderscheid regarding 3 global warming events and Dick will participate in
the 3rd event in the early part of April.
The Commission discussed which members would be able to attend the March 12'h Commission
appreciation day at the Grove.
The Commission decided to change their next meeting to March 21st because of spring break. The
members discussed changing the monthly meetings to a different time zone and will discuss it on the next
agenda.
The Commission decided to put on the next agenda what activity they would facilitate at Earth Day.
Commissioner Schweisguth brought forth a request for the Commission to support the event for National
Climate Day in order for them to apply for a partial street closure in the plaza. The event promotes an 80%
reduction of carbons by 2050. The event is scheduled for April 14, 2007. The Commissioners discussed
the conflicts of other events on that day and decided they couldn't support the street closure but did support
the event.
cc min 02 28 07 .doc
Page 3 of 4
Huelz Gutcheon passed out to the Commission a list of programs regarding renewable energy on CSpan
that are shown for,10 weeks at a time. (Streaming Video)
Huelz also spoke about his goal of zero net energy buildings. and wondered if incentives could be given for
"fat walls" in construction. He asked if the Commission would support a code amendment through an
application for Ashland City only. The application is due April 1, 2007. Chairperson Chapman clarified the
Commission would be asking the State to have a local code supersede the State code.
COMMISSION ITEMS NOT ON THE AGENDA
Previously mentioned.
ANNOUNCEMENTS
Next meeting date, March 21, 2007 7pm
Lithia Room, Community Development Center
ADJOURNMENT
Meeting adjourned at 6:45 pm.
Respectfully submitted,
Mary McClary, Administrative Assistant to
ElectricfTelecommunications Department
cc min 02 28 07 .doc
Page 4 of 4
CITY OF
ASHLAND
Council Communication
Memo on Capital Improvement Financing
Meeting Date: April 3, 2007
Department: Administrative Services
Contributing Departments: Public Works
Approval: Martha Bennett
Staff Recommendation:
Staff requests that Council review this information and provide any direction deemed necessary
regarding the current capital improvement projects in process and related financing activities.
Primary Staff Contact: Lee Tuneberg /I1J
E-mail: tuneberl@ashland.or.us f'--
Secondary Staff Contact: Paula Brown
E-mail: brownp@ashland.or.us .
Estimated Time: Consent Agenda
Statement:
This communication is intended to explain the need for funding capital projects, revised to reflect
Council's discussion and requests of staff on March 6,2007.
This information discussion will help the City prepare for the 2007-2008 budget preparation process
and establish guidelines and goals to aid in developing an operations and financial plan for the next
year and beyond.
Using an average of $3.7 million borrowed through issuing bonds each year we should expect an
annual debt service over the 20 years of $294,000 per issue. This translates into an average impact
of 1.23% added to the utility bill with a cumulative impact of 6.7% to finance the anticipated projects
budgeted through FY 2013.
Background:
The City is in the middle of several capital projects and preparing for others that have been approved
directly or indirectly at many points in their process. Projects and their costs are discussed as part of
master plans, capital improvement plans, budget approval and contract awarding. Staff also comes to
Council with updates to the CIP to ensure these activities are kept on the radar screen.
The FY 2006-2007 budget and its predecessors included these projects and estimated financing
required to pay for them. This year's budget included a potential for over $16 million in borrowing
depending on what projects were approved by Councilor through citizen vote. Significant portions of
the financing included issuing bonds in the Street, Capital Improvement and Water funds for capital
construction. Borrowing for Street Fund projects is on hold as an ad hoc committee prepares to
discuss street and storm drain infrastructure needs, priorities and funding alternatives. The need for
General obligation borrowing was removed when citizens did not approve the construction of fire
station #2. Water Fund capital projects continue and the financing need identified in the budget
document remains.
The Capital Improvement Plan section of the adopted budget for FY 2005-2006 included $42.6 million
in projects from FY 2006 through FY 2011 and the Long-term Plan section included $24.6 million in
borrowing over the same time with $16 million to be paid by utility rates. The FY 2006-2007 adopted
r~'
budget included $55,457,000 in CIP from FY 2007 through FY 2012 with $25.7 million in borrowing,
$22.1 million coming from rates.
It should be remembered that projects have a potential to slide or shift from one fiscal year to the next
if there are any delays in beginning the project or other factors that cause us to move a project up, not
out. Sliding from one year to the next may increase the cost of the project and requires re-budgeting
the project in the following year(s). Some projects may not be done if they are heavily dependent on
grants and those funds are not received.
At the March 6,2007, meeting Council reviewed and revised an updated plan that originally included
$59,963,900 in CIP during FY 2007 through FY 2012 and $22,625,000 (including $14,000,000 for the
TAP project) in FY 2013 for a total of $82,678,900. The revised amount for the seven year period
(from FY 2007 through FY 2013) is now estimated at $82,588,900.
In that meeting Council asked what the impact would be on utility rates for related borrowing. Staff
estimated that the average increase on total utility bills could be in the range of 1.0% to 2.0% per year
for the portion of projects listed that are paid by utility rates.
In order to provide a more specific number we need to reduce the $83 million by projects or portions
of projects funded by some other means such as grants, system development charges, assessments,
developer contributions, voter approved tax levies and those projects expected to be paid through
existing rates and fees. Examples of CIP included in existing rates and fees are improvements in the
Electric, Telecommunications, Airport and Parks funds. (Except for the recently approved CREB
bonds for the upcoming solar panel project, no additional borrowing is anticipated for these projects.)
These adjustments reduce the total amount to be paid by new rates to be just under $25 million,
including the portion of TAP in FY 2013 that is not paid by SDCs.
CIP BUDGET CIP BUDGET CIP REVISED APPROVED CIP
FY 2005.2006 FY 2006-2007 FY 2006-2007 FY 2007-2008
(2006-2011 ) (2007-2012) (2007 -2012) (2007-2013)
Years in Plan 6 6 6 7
Total CIP $ 42,603,400 $ 55,457,000 $ 59,963,900 $ 82,588,900
Systems Development Component Not estimated 11,681,620 11,397,685 26,276,935
Property Tax Component Not estimated 4,500,000 4,700,000 4,700,000
LID, Grants & Contributions Component Not estimated 9,387,200 10,639,305 11,609,305
Existing Rates & Fees Component Not estimated 7,795,000 12,717,895 15,077,895
Amount not financed by bonds * $ 26,500,000 $ 33,363,820 $ 39,454,885 $ 57,664,135
62.2% 60.2% 65.8% 69.8%
* FY 2005-2006 estimated
Estimated Bonds over Years in Plan $ 16,103,400 $ 22,093,180 $ 20,509,015 $ 24,924,765
Average Annual Borrowing $ 2,784,000 $ 3,782,000 $ 3,518,000 $ 3,661,000
Estimated Annual Average Debt Service $ 224,000 $ 304,000 $ 282,000 $ 294,000
Estimated Annual Utility Revenue - Year 1 $ 22,500,000 $ 23,900,000 $ 23,900,000 $ 24,000,000
Percent Debt Service to UB Revenue 1.00% 1.27% 1.18% 1.23%
The average of the $25 million funded by rates or borrowing over the coming seven years is $3.66
million per year. Infrastructure is normally financed by issuing bonds and paying them over the life of
the asset. Bonds are normally paid off in 20 years (most infrastructure has a life well beyond 20 years
r&,
and the City has the ability to issue 30 year bonds on certain water system infrastructure construction
because of the very long service life of much of those assets).
Using an average of $3.7 million (to be conservative and to cover any issuance costs) borrowed
through issuing bonds each year we should expect an annual debt service over the 20 years of
$294,000 per issue. This translates into an average impact of 1.23% which will probably reduce as
more customers connect, consume and pay for more services. The cumulative impact of the
financing of the anticipated projects is 6.7% which would bring the total amount of utility charges going
to CIP related debt service around 20%.
Important things to remember:
1. These are estimates and averages that will certainly change each year.
2. Bonds may not be issued each year so most years will be above or below the average.
3. The list of projects will change year to year.
4. As revenue streams change (SDCs, Assessments, Grants) so does the amount to be paid
through rates.
5. Debt service relating to past borrowing will end in the near future and offset some of the new
debt service.
6. The city has been effective at refunding old debt when lower rates are available at a savings of
at least 3% each time on three occasions since FY 2002.
Existing debt service represented approximately 13.5% of utility bill charges in FY 2006. This
estimated ratio has ranged from 13.4% to 16.0% over the recent past, depending on the amounts of
debt service and utility charges for that year.
As mentioned above, the City is in the middle of budgeted capital projects and their related financing
plans like Electric conservation (CREBS), extending Jefferson Street (OECDD loan and grant) and
water line projects. Staff is preparing to issue CREB bonds once bids are received on the project.
The Water Fund projects and their financing are the next priority with Street, Storm Water and
Wastewater needs coming later. As is required, each time borrowing is needed for projects, staff will
bring the request to Council for approval.
Related City Policies:
Financial Management Policies
Council Options:
Accept the information provided or request additional information relating to projects or financing
options.
Potential Motions:
Council moves to accept this report and authorizes staff to bring back to Council the necessary
documents for financing approved capital projects as needed.
Attachments:
None
rA'
CITY OF
ASHLAND
Council Communication
Public Hearing on 2007 Community Development Block Grant (CDBG) award
Meeting Date: April 3, 2007
Department: Community Development
Contributing Departments: none
Approval: Paula Brown
Primary Staff Contact: Brandon Goldman 552-2076~
E-mail: goldmanb@ashland.or.us
Secondary Staff Contact: David Stalheim
Estimated Time: 15 Min.
Statement
The City of Ashland provides Community Development Block Grants (CDBG) to eligible
projects within the City of Ashland. The City Council is to evaluate the one proposals
received for use of CDBG funds available for the 2007 program year. Upon review of
proposals the Council shall make an award to the selected applicant.
Background
The City of Ashland received only proposals for the allocation of approximately $32,000 of
$183,900 in Community Development Block Grant (CDBG) funds that are competitively
available.
Rogue Valley Community Development Corporation (RVCDC) submitted an application for
$32,000 to continue the YouthBuild Program in support of their development of affordable
housing on Siskiyou and Park Street. This activity is an economic development activity and
considered an eligible use under the CDBG program regulations. The attached Staff
evaluation provides specific reference to the regulations that permit CDBG funds to be
utilized to support such an activity.
Staff Recommendation
Staff sees that RVCDC's proposal is an eligible use of CDBG funds and is consistent with the City of
Ashland Strategies as outlined in the 5 year Consolidated Plan. Further the activity, although not
defined as creating affordable housing, does provide vital assistance to an ongoing affordable housing
project previously funded with CDBG. The economic development activity as proposed thus has
multiple benefits to the City of Ashland in that low income youth at risk of homelessness will develop
marketable skills for future job placement, while simultaneously assisting in the development of six
housing units for low income households in Ashland. RVCDC has experience operating the Youth
build crew as evidenced by the successful completion of the 9-unit town home project on Siskiyou this
last December.
Staff recommends an award of $31,190 to RVCDC for the proposed YouthBuild Project. This
recommendation is $810 less than the requested amount of $32,000 to reflect the reduced amount
available due to the actual HUD allocation being less than anticipated. The $31,190 amount is equal
to % 15 of our annual award allocation for 2007.
r.t. ,
Housing Commission Recommendation
The Housing Commission held a public hearing on March 28th to review the proposal. At this
meeting the Housing Commission heard the proposal from RVCOC. Housing Commission
motioned to forward a recommendation to the Council to award $31,190 in COBG funds (15%
of our annual allocation) to RVCOC in support of the Economic Oevelopment activity. The
Commission further recommended two conditions of selection:
1) That RVCOC develop and provide to the City a marketing plan to recruit
YouthBuild Participants from Ashland in that the majority of participants are
Ashland residents
2) That RVCOC maintain a cost allocation plan for the YouthBuild program to ensure
that Ashland COBG funds are exclusively used in support of the YouthBuild Crew
that is comprised of a majority of Ashland residents.
The Housing Commission further recommends that the un-requested COBG funds shall be
reserved by the City to apply toward an eligible affordable housing activity during the program
year.
Unreauested funds
I n the event RVCOC is awarded $31 ,190 the City will still have an unallocated remainder of
$152,080 in our HUO line of credit. The city has not received any funding requests in 2007 to
meet the objective of providing of affordable ownership and/or rental housing. In support of
these goals (Goals 1,2, and 3 in the Consolidated Plan) staff believes the City should work
with community groups and organizations to identify a project whereby this goal and objective
can be achieved in the 2007 fiscal year. As the City of Ashland is the recipient of funds from
HUO, we can act directly to apply funds to projects that meet our Consolidated Plan goals.
Once a project is identified in which the $152,080 would be contributed, it would be
incumbent upon the City to modify the annual Action Plan to reference the specific project
and hold public hearings regarding the proposed use of the COBG funds. As the
Commission is aware the City has already identified that the proceeds of the sale of the
Strawberry Lane properties will be directed toward development of an affordable housing
project. In lieu of carrying over these funds to 2008, or issuing a new RFP, staff believes the
City can expedite the expenditure of the un-requested COBG funds through application on a
qualified project in this program year.
Council Options
Upon review of the proposal received, and after hearing any public comments, the Council
shall determine whether the projects effectively address the goals outlined in the
Consolidated Plan and which of the projects is the most appropriate use of COBG funds.
The Council can select to award funds as requested or modify the award amounts. However
the application of COBG funds to social service applications is strictly limited to no more than
15% of the City's annual allocation. Thus no more than $31,190 can be awarded to such a
use for the 2007 program year.
Upon making an award selection the Council can add conditions of selection as they deem
necessary to have the proposed project comply with the COBG regulatory requirements and
local Consolidated Plan priorities.
r.,
Potential Motions:
Move to approve the award of $31 ,190 to the RVCDC with the following two conditions of
selection:
1) That RVCDC develop and provide to the City a marketing plan to recruit
YouthBuild Participants from Ashland in that the majority of participants are
Ashland residents
2) That RVCDC maintain a cost allocation plan for the YouthBuild program to ensure
that Ashland CDBG funds are exclusively used in support of the YouthBuild Crew
that is comprised of a majority of Ashland residents.
Additionally, that $152,080 be retained by the City with the intention of identifiying a CDBG
eligible project in support of affordable housing to expend these funds on during the 2007
program year.
Attachments:
Staff Evaluation dated March 28, 2007
RVCDC Application
r.t.'
CITY OF
ASHLAND
Staff Evaluation
DATE:
TO:
FROM:
RE:
March 28, 2007
Ashland Housing Commission and City Council
Brandon Goldman, Housing Program Specialist
Community Development Block Grants (CDBG)
2007 Request for Proposals
The City of Ashland received one proposal requesting $32,000 of $183,900 in
Community Development Block Grant (CDBG) funds that are competitively
available. These funds comprise a carryover of $13,800 prior year CDBG funds that
were unexpended, in addition to the competitive 2007 CDBG allocation of $170,190.
The total City of Allocation for the 2007 CDBG program year is $212,738 of which
20% ($42,548) is reserved for administration of the CDBG program. In the 2007
Request for Proposals (RFP) it was noted that 15% (initially estimated at $32,000) of
the total 2007 allocation was potentially available to projects that provided direct
services to Homeless or Special needs populations.
The sole proposal the City received is a request to utilize CDBG funds to provide
direct services to homeless and very low-income youth.
The City of Ashland Housing Commission is to hold a public hearing and review the
grant request on March 28, 2007. The Housing Commission shall make a
recommendation on a grant award to the City Council. Subsequently, the City
Council will hold a public hearing on April 3th, 2007 to make a final decision on the
grant award.
Staff's recommendations regarding the allocation of the 2007 CDBG funds and prior
year carry-over is provided on the final page of this document.
ProDosals Received
One proposal was received and is listed below:
Organization Proposed Project COBG Funds
Reauested
Rogue Valley Community Support of $32,000 for public
Development Corporation services
(RVCDC)
Department of Community Development Tel: 541488-5305
20 E. Main St Fax: 541-552-2059
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
r.,
2007 CDBG Proposals- Staff Evaluation
Fundina Reaueste~/Availl.ble
A total of $183,990 is available to distribute to eligible recipients for projects meeting
the CDBG national objectives, and are consistent with the City of Ashland 2005-
2009 Consolidated Plan. The maximum allocation allowable to be used to support
public services is limited to $31,190.
Of the entire $212,738 in 2007 CDBG funds available to the City:
. 20% ($42,548) is reserved for administration costs associated with the CDBG
program.
. 80% ($170,190) is competitively awarded to projects addressing low-moderate
income needs as identified in the 2005-2009 Consolidated Plan. The needs are
prioritized in the plan which establishes creation or retention of affordable housing as
the primary use for these funds.
. 15% ($31,910) is available to projects that provide direct client services to homeless
or special needs as identified in the 2005-2009 Consolidated Plan. It is important to
note that these funds are not a dedicated "set-aside" for this use but rather
considered available up to 15% of the yearly allocation. The "social service" 15% is
competitively awarded with all applications and is thus part of the "80%" noted above.
. In addition to the $212,738 awarded to the City in 2007, we have $13,800 in carry
over funds to be re-programmed (not the administrative and social service set asides
do not apply to this $13,800)
These funds will be available upon approval of the 2007 Action Plan,
modification of the 2006 Action Plan, and upon completion of any regulatory
requirements including but not limited to environmental review clearance. The
funds will be available on July 1,2007, or upon final approval of the Federal Budget
by the US Congress, which ever is later.
Upon final selection of the award recipients by the Ashland City Council, the
City will develop an Action Plan outlining how the CDBG funds will be used by the
selected subrecipient( s). This 2007 Action Plan will go before the Ashland Housing
Commission at as public hearing for review and approval to ensure consistency with
the awards designated by the City Council. The US Department of Housing and
Urban Development (HUD) must review the annual Action Plan submitted by the
City to ensure the activities funded are constant with federal requirements, and with
the local Consolidated Plan.
Department of Community Development Tel: 541-488-5305
20 E. Main St Fax: 541-552-2059
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
,. ,
2007 COSG Proposals- Staff Evaluation
Assessment
Staff has assessed the Rogue Valley Community Development proposal to
determine whether it meets the Federal CDBG regulations, and if the proposal
addresses the priorities within the City of Ashland 2005-2009 Consolidated Plan.
Three areas are evaluated for each proposal regarding compliance with federal
regulations.
. First the proposed projects must meet the national objective of the
Community Development Block Grant program.
. Second, all CDBG funded projects must be an "eligible" use under the CDBG
federal regulations.
. Finally, if the proposals meet all federal requirements and are selected for a
CDBG award, then many federal regulations must be met throughout the
course of the project.
For instance, all projects funded, in whole or in part, with CDBG dollars require an
environmental review in accordance with the National Environmental Policy Act
(NEPA), construction projects must use federal Davis-Bacon wage rates, housing
involving structures built prior to 1978 must undergo lead-based paint abatement,
and any project involving displacement of residents or businesses as a result of the
federal funded project are entitled to assistance under the Uniform Relocation Act,
and most importantly the beneficiaries from the application of CDBG funds must
qualify as eligible populations under the Federal requirements. Areas of concern are
described for each proposal received. The Housing Commission, and City Council,
can only award CDBG funds to projects that can meet all federal requirements and
meets an objective as outlined in the City's 2005-2009 Consolidated Plan.
Should it be determined by the Housing Commission and City Council, that the
proposed project does not constitute an efficient or eligible use of CDBG funds, the
Council could determine that the City will act directly as the grantee to develop a
project that is consistent with CDBG program requirements. This is particularly
relevance in this 2007 round of funding in that the City only received one request for
$32,000 of $183,990 available, thus there remains $151,990 left un-requested.
In recent years the City has aimed to expend accumulated past carryover to avoid a
determination of non-compliance with the HUD timeliness standard and has made
significant progress in this regard. Although Staff does not believe the City will
classified as untimely on June 30,2007 given the expenditure of nearly all prior year
carryover in 2006, we still should aim to remain compliant with the timeliness
standard by aiming to expend all available funds by June 30, 2008.
Department of Community Development Tel: 541488-5305
20 E. Main St Fax: 541-552-2059
Ashland, Oregon 97520 TIY: 800-735-2900
www.ashland.or.us
F.'
2007 CDSG Proposals- Staff Evaluation
PROPOSAL EVALUATION
ROQue Vallev Community DeveloDment CorDoration
The Rogue Valley Community Development Corporation (RVCDC) proposal is to
use up to $32,000 in CDBG funds to assist in providing a public service through the
payment of a part of the salary for their YouthBuild Program coordinator/trainer. The
intention behind the support of the YouthBuild program is to provide education and
counseling to low-income and at-risk youth while simultaneously having their labor
contribute to the development of affordable housing. Specifically RVCDC expects to utilize
the YouthBuild crew to assist in the development of 6 affordale homes through the Self-Help
Program at 795 Park Street. The development of these units was previously supported by a
contribution of $271,000 in CDBG funding from the City of Ashland, and the development
has received all applicable Planning approvals to proceed.
As a qualified Community Based Development Organization(CBDO) RVCDC's project as
proposed could qualify as a public service activity qualifying under 24 CFR 570.204(b )(2)(i)
which as "any service provided by a CBDO that is specifically designed to increase
economic opportunities through job-training and placement and other employment support
services" .
In order for the project to be an eligible use as job-training, the City must ensure that the
activity specifically economic opportunities for youth that live in Ashland. This component of
qualification proves the more difficult issue with RVCDC's application. Although the
application before the City of Ashland indicates that "some" of the participants would be
Ashland residents. Additionally in looking at the resident make-up of the prior Youthbuild
crew of 20 participants it is estimated only 2 were from Ashland. To be eligible for CDBG
funds through the Ashland program, the majority must be residents to demonstrate that the
activity "primarily benefits" Ashland youth.
RVCDC contends that they would aggressively market the YouthBuild program to Ashland
residents to create a pool of YouthBuild participants that are residents of Ashland.
In discussions with RVCDC they have elaborated that it is the intention of RVCDC
and the Job Council to develop two separate Youthbuild crews with one being
residents of Ashland, and one being residents of Medford or other areas. RVCDC
has further indicated that they will draw on the local Department of Human Services
office, a listing of recent High school drop-outs, and other Ashland based
organizations to identify a pool of YouthBuild participants.
Staff finds that the RVCDC proposal is consistent with the 2005-2009 Consolidated
Plan Goal #12:
Goal 12: Promote and support activities in the community that improve or provide
access to
economic opportunities for extremely low- and low-income residents of Ashland.
12.1 Support organizations that provide job training and access to employment for
extremelylow- and low-income persons, homeless persons and persons with special
needs (B).
Department of Community Development Tel: 541-488-5305
20 E. Main 51 Fax: 541-552-2059
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
r;.,
2007 CDBG Proposals- Staff Evaluation
In evaluating the proposal and the economic opportunity goal above it is evident that
the classification of "B" as a priority indicates that although the City did not directly
anticpate using CDBG funds for such an activity it is an acceptable application:
B: The City of Ashland may use CDBG for projects that meet these needs.
Further, depending on the population of participants RVCDC contends that the
proposal it may qualify under other Goals outlined in the Consolidated Plan
Goal 4: Support services for homelessness prevention and transition. Where
possible, give funding priority to services that are part of a comprehensive approach
that improves the living conditions of clients. Safety net services, or services that
meet basic needs shall only be funded with CDBG dollars if it can be demonstrated
that clients receiving those benefits are part of a program that
will eventually help them obtain self-sufficiency.
4.1 Provide assistance to non-profit organizations that assist the homeless and those at risk
of homelessness, provide transition assi~tance to the homeless, and help
preventhomelessness (A).
Goal 6: To support housing and supportive services for people with special needs.
People with special needs include the elderly, the frail elderly, persons with
developmental disabilities, persons with physical disabilities, persons with severe
mental illness, persons with alcohol or other drug dependencies and persons with
HIV/AID or related illnesses.
6.2 Provide assistance to non-profit organizations that provide support services for extremely
low- and low-income special needs populations (8).
Given the targeted population of participants of the Youthbuild program it is likely
that a number of individuals will have drug dependency issues or be either homeless
or at risk of homelessness and therefore could be considered qualified under Goal 4
or 6.
COBG Proiect Proposal Ratina Criteria
The final step in the process of evaluating the proposals typically is for the Housing
Commission to apply the following compliance criteria to determine which project(s) best
meet the City's spending priorities. However as the City only received one proposal in the
2007 year establishing a rank is irrelevant as no comparison with alternative proposals is
possible. However the categories proposed do provide a valuable way for individual
Commissioners to guage the effectiveness of the proposal in meeting City objectives.
A. The Project provides benefit to a demographic group that has a need documented in the City of Ashland CDBG
Consolidated Plan
B. The project assists low and moderate-income households in substantially imprqving their living conditions. The proposed
project must have or be part of a comprehensive approach that takes clients from the beginning to the end of the process
that improves their living conditions. .Safety net" services, or services that meet basic needs shall only be funded if it can
be demonstrated that clients receiving those benefits are part of a program that will eventually help them obtain self
sufficiency. Exceptions to this requirement are projects targeted at helping people with special needs.
C. The project is a proven effective strategy to improve conditions or solve an identified problem.
D. If the project is related to affordable housing, the project retains the units as affordable. The longer the period of time the
units remain affordable, the higher ranking the project shall be given
E. If the project is related to economic development for jobs for low and moderate-income people, at least 51 % of the jobs
shall be held by low and moderate income people. The longer period of time the jobs are held by low and moderate-
Department of Community Development Tel: 541-488-5305
20 E. Main St Fax: 541-552-2059
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
r.,
2007 COSG Proposals- Staff Evaluation
income persons, the higher the ranking the project shall be given. The larger percentage of jobs held by low and
moderate-income persons the higher the ranking the project shall be given.
F. The project maximizes partnerships in the community
G. The project has at least 10% of the total project in matching funds. The larger the amount of matching funds the higher
the ranking the project shall be given
H. The project utilizes already existing resources in effective and innovative ways. The project shall not duplicate service
provided by another organization
I. The agency submitting the proposal has the capacity to carry out the project
J. The budget and time line are well thought out and realistic
K. The proposal demonstrates CDBG funds are the most appropriate funding source for the project
L. The project is ready for implementation within a year of a CDBG award notification
M. The organization proposing the project has the experience and capacity to undertake the proposed activity.
Staff Recommendation
Staff sees that RVCDC's proposal is an eligible use of CDBG funds and is consistent with
the City of Ashland Strategies as outlined in the 5 year Consolidated Plan. Further the
activity, although not defined as creating affordable housing, does provide vital assistance to
an ongoing affordable housing project previously funded with CDBG. The economic
development activity as proposed thus has multiple benefits to the City of Ashland in that
low income youth at risk of homelessness will develop marketable skills for future job
placement, while simultaneously assisting in the development of six housing units for low
income households in Ashland. RVCDC has experience operating the Youth build crew as
evidenced by the successful completion of the 9-unit town home project on Siskiyou this last
December.
. Staff recommends an award of $31,190 to RVCDC for the proposed
YouthBuild Project. This recommendation is $810 less than the requested
amount of $32,000 to reflect the reduced amount available due to the actual HUD
allocation being less than anticipated. The $31,190 amount is equal to %.15 of our
annual award allocation for 2007.
Unreauested fundi
In the event RVCDC is awarded $31,190 the City will still have an unallocated
remainder of $152,080 in our HUD line of credit. The city has not received any
funding requests in 2007 to meet the objective of providing of affordable ownership
and/or rental housing. In support of these goals (Goals 1, 2, and 3 in the
Consolidated Plan) staff believes the City should work with community groups and
organizations to identify a project whereby this goal and objective can
be achieved in the 2007 fiscal year. As the City of Ashland is the recipient of funds
from HUD, we can act directly to apply funds to projects that meet our Consolidated
Plan goals. Once a project is identified in which the $152,080 would be contributed,
it would be incumbent upon the City to modify the annual Action Plan to reference
the specific project and hold public hearings regarding the proposed use of the
CDSG funds. As the Commission is aware the City has already identified that the
proceeds of the sale of the Strawberry Lane properties will be directed toward
development of an affordable housing project. In lieu of carrying over these funds to
2008, or issuing a new RFP, staff believes the City can expedite the expenditure of
the un-requested COSG funds through application on a qualified project in this
program year.
Department of Community Development Tel: 541-488-5305
20 E. Main St Fax: 541-552-2059
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
r.,
2007 COSG Proposals- Staff Evaluation
.
I
=-t. I
'.
ORVCDC
-----------
Rogue Valley Community
Development Corporation
PO Box 1733eMedford, OR 97501
T 541 e 734.2355
F 541 e 245.6966
www.rvcdc.com
rvcdc@grrtech.com
Improving the quality of life of
the median- and low-income
population of Jackson County
through community
development activities,
BOARD
Floyd Pawlowski
President
Michael Travis
Vice President
RaeLynn Barker
Secretary
Clara Rowe
Treasurer
Dona Mitrany
Sargeant at Arms
Fred Berger
Rebecca Brown
Clay Colley
Jabbar Franklin
Sam Fung
Fred Lucas
Joan Middendorff
Dwayne Murray
John Statler
EX-OFFICIO
Mary Lee Christensen
STAFF
Ron Demele
Executive Director
Andrea Miranda
Fiscal Officer
Roxana Zepeda
Homebuyer Services
John Wheeler
Construction Supervisor
Hector Aleman
Youthbuild Crew/eader
Ralph Monroe
Construction Supervisor
Breanna Welburn
Resource Director
Brandon Goldman
CDBG Program
City of Ashland, Or. 97520
Feb. 21,2007
Dear Mr. Goldman,
Rogue Valley CDC is applying for funding for Y outhbuild Crew Leader
position support. RVCDC is requesting $32,000 for partial support of the
crew leader to oversee, counsel, instruct and train two crews over the
period of next fiscal year while working at the R VCDC Mutual SeltHelp
Housing project site at Siskiyou and Park known as Terrace Court. Thank
you for your consideration in funding this important project that trains
youth, many of whom have drug and alcohol issues, are homeless, and or
on probation. 1000.10 of recent graduates received job placements upon
completion last year, while helping to build 2001 Siskiyou housing project.
On behalf ofRVCDC
."
\i~~
I "
ExecutIve DIrector
....... This ins'"ution is an eq'al opport,n"y provide, tal
~;.,
CITY OF ASHLAND
2007 Program Year Community Development Block Grant (CDBG)
Application
I. APPLICANT INFORMATION
Applicant Organization Name:
f\o~.)(... \I 0.. ~ e j Com fY) \J l'"\\ -t~ \Je " e..I t:p 'rNl. {It c.oX' ~ D(a. \-i O(
Executive Directors Na e:
Ro\\ Ue.\'\\~\e..
Applicant Mailing Address:
VO. ~i. \i~~
~-\'o'('d\ ~ CVtVjO\
Applicant Street Address ~ <. ('\ DV}....
~ ~ ~; Ca-ni-'eV-.. \ rYv(., - ::)\e.. 0 ,.j
\\\~Mo\c\ IO\'L~l-DO \
IRS Classification: 5 D\ c. '""6
Federal Tax 10#: i\~- \D~
Mission Statement: (may be attached)
:...:.. (L a \\ 0, C ~ 'M..tlV'\ -t \::t \
Total Employees:
~
Total Volunteers: ~
II. CONTACT PERSON (designate a contact person who is familiar with the project)
Name'
~\e.A.J)f\Q WeQb0( ()
~~(' .SD\)'~ ~\~'
Phone Number:- ~\~ . - '")....~S ~
Fax Number: 6-\ l - ~ L\C-'0 - lo<=tlo\.D
E-mail Address: bC'e.J)...."<'\"NL("\.I. 0c\C-~ j('\eC~.. C9'Y)
III. PROJECT INFORMATION
jjed Name .or ~t1e:
()J\~ 'o~.h \
Total Project Cost:
$ %. lD'il.DL
Completion Date: )G\'-A ~<(;
)
Requested CDBG Funds: $ "b'd.Oc::x::)
Project Period:
July 1, ~ On to June 30, I~ ()() <;<;'
1. Application
2. RVCDC has begun a long term partnership and collaboration with the Job Council and Rogue
Community College to form the Rogue Valley Youthbuild Program. This transitional youth construction
education program guides at risk young adults, providing them with class instruction towards earning a
GED, general life skills training, intense counseling, hands on construction skills, followed by job
placement, and continued with a one year follow up program with the graduates. The major focus of the
program is leadership. The crew is lead by Youthbuild Crew Leader, Hector Aleman. His tool belt is
equipped with not only a Contractor's License, but also a Master's Degree in social work, and a BS in
social science. This educational background and experience allows him to provide the emotional support
and encouragement an at-risk crew requires while expanding their minds with constructional knowledge.
Hector is also bilingual and bicultural, expanding our project even further. Hector is a vital component
to our program and we are proposing a CDBG funding request for his salary. With his leadership this
year we will be able to carry out the following objectives:
Objectives using CDBG funds:
. Build 6 more affordable homes in Ashland with the possibility of 15 additional homes further
increasing the homeownership opportunities to low income households. (CDBG goal #2.2)
. Train 20 extremely low-income youth (CDBG goal #12.1)
Additional objectives not using CDBG funds but involved in Y outhbuild project:
. Stabilize Youth's housing situation (CDBG goal # 4.1)
. Test youth for drug and alcohol and provide counseling services (CDBG goal # 6.2)
About 50% of the youth face homelessness and 90% face drug addiction.
3. No acquisition involved
4. The Youthbuild training program targets low income, at risk youth. Many of these 16-24 year olds are
facing serious hardships including homelessness, drug and alcohol addiction, and teen pregnancy. As a
result, most of the youth have involvement with the justice system and child services. The program helps
transform lives by helping youth take control of their lives by educating them with GED training, life
skills, and construction training, while proving support and rewards to stay off drugs and participate in
the program. RVCDC provides low income affordable housing sites as the training ground furthure
increasing the leadership focus of the program. The program services will also include training youth in
the following 8 construction techniques.
. foundation preparation
. framing
. drywall installation
. roofing
. siding
. sheathing
. door and window installation
. finish carpentry
The youth's work holds the approximate value of $3527 and reduces the home costs for the low-income
families on their home purchase.
5. This one year Youthbuild program will run July 2007 to July 2008.
6. RVCDC is requesting funding to retain our Youthbuild program which provides construction at Terrace
Court. Our existing HUD Y outhbuild grant has run out and the HUD program to fund has been
discontinued. Most of the costs for this program can be born by the participating partners. The major
cost for RVCDC will be to provide the Crew Leader position while other sources of support can be
found. RVCDC currently receives limited funding from numerous banks and will use that money to
match half the salary of the crew leader if needed. RVCDC is requesting the full amount available for
the salary for the crew leader position, unless another proposal is fund able for assisting Ashland's
homeless population. RVCDC would then request only half.
A. We are using last year's budget we have operated on. A management team from RVCDC, Job
Council, and RCC decides needs and costs.
B. NI A
C. Our assumptions are reviewed every two weeks at a meeting to determine the effectiveness of the
program and to monitor costs and trends.
D. This is a training program so no wages are paid, however stipends can be paid to participating youth.
E. Our two partners have support letters indicating their participation in Y outhbuild
F.N/A
7. Client Services are activities included in our proposed project.
A. The affordable housing being built and used training for Y outhbuild is located in Ashland, and the
group currently supports many other Ashland community efforts. Y outhbuild, under the direction of Hector
Aleman, have worked on a church clean up, community garden project, been included in the Ashland
parade, and plan to work with the food in the park program. Some of the youth reside in Ashland, and their
activities directly affect the Ashland community.
B. The youth are between 30% - 50% AMI and the families buying the houses are between 60% and
80% AMI.
C.No
D.N/A
E. N/A
F. Yes
G. No
H. No
I. No
8. RVCDC is to Rogue Valley CDC is a community-based, nonprofit organization with a mission
statement to improve the quality of life for the low-income population earning 80% or lower of Jackson
County's median income through community development activities. RVCDC serves this need by
facilitating affordable housing opportunities, encouraging economic growth and participating in other
community development activities with a positive impact on Jackson County.
. Self-Help: In 2000 RVCDC began plans to build 9 new affordable homes in Ashland. Those homes
have been built and are filled by low-income families, and six more are on the way. In addition,
there is a possibility of 15 more affordable homes coming to Ashland in the near future.
. Youthbuild: The collaboration between RVCDC, the Job Council, and RCC has been very
successful. Rogue Valley Y outhbuild was awarded for having 100% job placement and highest wage
job placement from our graduates. One crew member joined Youthbuild USA's mentorship program
and lead a reconstruction team to Mississippi after hurricane Katrina. Another has just joined the
board of RVCDC after experiencing a total life change through the program. As a young teen parent,
he is now supporting his wife and three children after years of struggle. Yet another landed a federal
government job paying $32.00 and hour, and one more is currently working for Adroit Construction
with full benefits.
. Land Trust: Both of the project sites in Ashland are involved in a Land Trust, insuring the homes
built on the properties are available to needing low-income families for many years to come. The
Land Trust stipulates that families may sell their homes, but they must find a low-income qualified
buyer for the home.
9. This project highly promotes the self sufficiency for extremely low, low -moderate income families, and
individuals with special needs. Upon entering the Y outhbuild program all youth are extremely low or
low-moderate income high school drop outs, most of them rely on multiple types of government
assistance, they have unstable living situations, and most of the participant's battle substance and
alcohol addictions. The program requires a drug free environment and enforces it by random drug
testing, while providing drug counseling as a support system to those in need. The education piece of the
program is vital, providing a stable foundation for the youth build on. The OED provides an important
component to the program, but the youth are also taught important life skills necessary for functioning in
every day life. Curriculum includes life skills including financial management, job placement training,
and team work and communication activities. These efforts, combined with technical training of
. construction provide the crew with enough knowledge and experience to move forward into the work
force after the program as' self sufficient individuals. Hector, the Y outhbuild crew leader, guides and
supports the youth through this transition. At the same time, activities of the program are also
promoting self-sufficiency of low income families in the way of building affordable housing in Ashland.
The homebuyers work side by side with the Youth build crew in our self-help program. The families
pour in many hours of sweat equity on their homes in trade of a down payment. Both programs are
transitioning families to a better way of life.
10.
A.
· The youth are all low income and range between 30%-50% of the area median, making them all
extremely low income. There are 20 youth in the program total, as well as their families and
children. The program will also be benefiting the lives of the 6 low income families that will be
buying and working on the homes. This will help about 9 more low income and 9 more moderate-
low income people. The homes are also set up in a land trust, and there is a stipulation that if the
homeowner wants to sell their home, they need to find another low-income qualified buyer it. This
means that the homes built within this project will continue assisting low-income families over many
years to come.
. There will be about 38 people served on an annual basis.
11. The Y outhbuild program requires that all of the participants are low-income by WIA income standards.
This means that all of the current are very low income, and our selection is made by determination of
need and by a Challenge Workshop. When determining need we not only look at income, but also
barriers including lack of transportation, housing, skills, education, and so on. In addition, the two week
long Challenge Workshop determines eligibility and shows the youth's desire to succeed by interviews
and testing.
12. No.
13. This Project involves many layers of cooperation from different agencies and funding sources. RVCDC
has been successfully co-operating a program like this with the Job Council and Rogue Community
College. Each agency brings resources and skills to assist the target population. This project is currently
starting in Ashland at our Terrace Court Mutual Self-Help Housing project site. Y outhbuild last year
helped provide Self-Help families with many hours of work as they built their homes on Siskiyou Blvd.
This current project at Terrace Court in Ashland will greatly benefit low income households complete
their homes as part of the Ashland affordable housing program. RVCDC has all approvals required to
proceed on Terrace Court, and currently the crew is building a tool shed prior to construction activity.
All staffing is in place and operating until July when funding sources run out to continue this important
project.
a) As applicant, RVCDC has experience since 1996 in providing similar projects for the community. Our
crew leader, Hector Aleman, works with Rogue Community College's construction education program.
He has 20 years experience in home construction and contracting. He is bilingual and has a master's
degree in Counseling. RVCDC has just completed a nine unit project one block away of almost identical
housing construction working with Self-Help program of Rural Development. All work will accomplish
construction of low income housing, training to low income youth from special populations. Hector is
also a resident of Ashland.
b) N/A
c) Property has been purchased all planning complete and work has begun on demolition, site prep and
staging.
d) N/A no.
e) N/A
f) Complete
g) Complete
h) Vacant
i) This project is awaiting final Self-Help families to qualify to participate. That is anticipated soon. Other
funding is in place to match this request for CDBG funds.
14. The program will not have any negative impacts on historic or architecturally significant properties; in
fact we are working with the city of Ashland and a local arborist to carefully preserve a historic tree on
the Siskiyou and Park project site. The tree is an estimated 200 years old, and will provide a wonderful
focal point for the homes surrounding it.
15. Attachments
. # 1) Mission
. #2) Letter of Support from Rogue Community College
. #3) Letter of Support from Job Council
. #4) Site Map
. #5) Youthbuild Newspaper Article
. #6) Board of Directors
CITY OF ASHLAND
2005 Proaram Year
CDBG APPLICATION CHECKLIST
In order to determine compliance with all applicable HUO regulations and to help
to ensure that projects will be eligible for COSG funding, the City of Ashland will
need to address all HUO requirements. The purpose of this checklist is to point
out areas where potential problems could arise. Obviously, this is a
comprehensive list, which must evaluate a wide array of different kinds of
proposals. Therefore, not every item will be applicable to every project. Please
fill it out entirely indicating all items which are not applicable and include it
as part of your proposal application.
A. Applicant's Background Yes No N/A
1. Is the applicant a legal non-profit organization or unit X
of government?
2. Do the proposed clients or users of the project meet X
HUD Income Guidelines (see page 10 for guidelines)?
3. Does applicant have the capability to maintain written X
income documentation?
4. Has the applicant made a legal or financial X
commitment to a proposed proiect?
5. Is the applicant primarily a religious organization? X
6. Has the applicant administered a COSG project X
previously?
7. Is your agency willing and able to provide all required )(
reports and accountability to the City as required by
HUD? "
B. Project Location and Land Use Issues Yes No N/A
1. Has a location for the project been selected? 'X
2. Is the proposed project within the Ashland City X
limits?
3. Does the proposed project meet local zoning and y
land use laws?
4. Are any land use permits such as a Site Review, X
partition, annexation or Conditional Use Permit
required?
5. Have these approvals been obtained? X
6. Does the project comply with current building code .X
requirements?
7. Does the project meet handicapped accessibility NPr
requirements?
c. Environmental Issues Yes No N/A
1. Is the project located in the 100-year floodplain? )(
2. Is a wetland located on the project site? X
3. Has any environmental contamination been identified )(
on the proiect site?
4. Has asbestos been identified on the project site? y:
5. If project involves an exiting structure, was it built N\~
1978 or earlier? If year built is known, please specifv.
6. Is the proposed project located on a major arterial or .'i..
near the railroad?
7. Is the proposed project located adjacent to an above ><.
around flammable storaae tank?
8. Does the proposed project involve a structure that is .x
50 years or older?
9. Will the applicant complete a Phase I e~,~~~.'rl~ntal X
review upon receivina a CDBG award? t .
D. Labor Reauirements Yes No N/A
1. Does the project involve construction over $2,000 in x:
cost?
2. Will the project trigger Davis-Bacon wage .x
reauirements?
3. Will the project trigger BOll wage requirements? X
4. Does the project involve over $15,000 in City X
awarded grants or contracts?
E. Displacement and Relocation Yes No N/A
1. Will tenants be displaced by the project? X
2. Will a business be displaced by the project? X
3. Will housing units be demolished or converted? >(
F. Property Data Yes No N/A
1. Does the applicant own the property by fee simple X
title?
2. Are taxes on the property current? X
3. Is insurance current? )(
4. What is the current debt against the property? \OQ..'Il'--
5. What is the current use of the property? ,,~ (D..~~
6. Has an appraisal on the property been conducted?
If yes, what is the assessed value of the property?
r!J:;O, CCc.\
~so I c:J.::;CJ
Form A
Project Schedule
Housin Pro osals
Activi Start Date Com letion Date
Site Planning &
Develo ment
o tion
Site Ac uisition
Plan Develo ment
Pre-a Iication
Land Use A roval
Construction Plans
Final Bids
Contractor Selection
Buildin Permits
Grant a lications
local
state
federal
Non- overnment
other
Loan A licatlons
Construction loan 6'
Permanent
Construction Phase
Construction
Certificate of Occu anc
Please provide your best (realistic) date estimates regarding the project
schedule
Social Services Pro osals
Activi
Start Date
Com letion Date
. 0
Oe.\- .
social services provides s uld list key benchmarks in the table above for
their proposed projects (IE hire of personel, application for further funding,
initiation of direct client services, etc)
Form B
Uses of Funding
Housing Proposals
Total Cost COBG Request Other Source(sT
Acquisition Costs
Land
Improvements
Liens and other Taxes
Closing costs
Off-Site costs
Other
SUBTOTAL
OevelODmentCosts
Land Use Approvals
Building Permits/fees
(Include Engineering and
Community Development Fees)
System Development Charges
(SDCs)
Relocation Costs
Environmental Report / Lead
Based Paint Clearance
Soils Report
Survey
Marketing
Insurance
Other
Fees
Architectural/Engineering
Legal/Accounting
Appraisals
Lender fees
Construction Loan
Permanent Loan
Tax Credit Fees
Developer Fee
Consultant Fee
Other
TOTAL
Social Service Pro osals
Direct Client Services
Wages/Materials/Supplies
Program Administration
Total Cost
COBG Re uest
Form C
SOURCE(S) OF FUNDS FOR OPERATING EXPENSES WORKSHEET
Completeness of this worksheet establishes the capacity of the organization to
sustain the operations of the program(s).
Sources
Secured
Conditional
(awarded upon
conditions
Tentative Commitment
Date
Federal Grants
State Grants
Local Grants
Non Governmental
Grants ban K.>
Donations/Gifts
Applicant
Contribution
Program Income
Loans
d\a \ \ w
a \al \
TOTAL
01 w..\ \11)\.0
Please provide a description the timeline of loan and grant application dates as
related to the proposed project. Specifically, for any tentative funding sources
please provide application dates, award dates and funding availability dates.
1e..1o- ~ '01 - a ~-\\l \.0./\ ~d -tb(~r&~
,i'I~, \ \ - ~ ,L1a - ~0<\6. \\f~ (L""-,,,n;)Ni lOb.!L",-l<:".
Form D
DISCLOSURE OF INTERESTS
To assist the City of Ashland in determining whether there may be a potential
conflict of interest related to the expenditure of Community Development Block
Grant funds we request the following information be provided by applicants:
O~GANIZA TIO\N_ NAME~
~~\)e.... \Ia. \\&\A LtlJffi V'f\lJ f\\ lu
Organization is: ) 1. Corporation ( ) .-\
2. Non-Profit 501 C3 (;{
3. Partnership ( )
4. Sole Owner ( )
5. Association ( )
6. Other ( )
DISCLOSURE QUESTIONS
If additional space is necessary. please attach a separate sheet.
1. State the names of each "employee" of the City of Ashland having a financial or personal
interest in the above mentioned "organization" or project proposed.
Na~e, Job Title and City Department
L\J.\4
Do( _ \(f \ DP M.Q (\t CO\ rO r CA \ \ IJY)
2. State the name(s) of any current or prior elected or appointed "official". of the City of Ashland
having a potential "financial interest" in the organization or project.
NalTleffitle
JJ\J\
\
3. Provide the names of each "board member" of the Organization seeking CDBG funding
Name Board, Commission, or Committee
1 -5lQ a ttc..c:,^v'v\.ftJ\.-\ .:t:%- ~
2
3
4
5
6
7
8
9
10
11
12
additional
If the applicant has provided names in question 1 or 2. please provide details
regarding any known potential conflicts of interest in an attached narrative.
=44\
(JRVCDC
-----------
328 S. Central Ave. Ste 201. Medford, OR 97501
Mission Statement
The Rogue Valley Community Development Corporation
is a nonprofit, community-based organization whose
mission is to improve the quality of life for the median-
and low-income population of Jackson County through
community development activities. RVCDC serves this
need by facilitating affordable housing opportunities, en-
couraging economic growth and participating in other
community development activities with a positive impact
on Jackson County. Community development activities
of RVCDC are administered without regard for the race,
color, national origin, sex, age, handicap, marital status,
family status or sexual orientation of those served.
-1!~
Q Rogue Community College
227 East Ninth Street
Medford, Oregon
February 16, 2007
Rogue Valley Community Development Corporation
328 South Central A venue
Medford, Oregon 97501
I'm writing in support of your application to the City of Ashland for a community
development block grant for the Rogue Valley YouthBuild (RVYB) program. For the
past three years the Rogue Community College (RCC) adult basic skills department has
been working with Rogue Valley Community Development Corporation (RVCDC) and
The Job Council (TJC) to plan and implement an award winning program for out-of-
school youth in southern Oregon. RCC partners with RVCDC by providing basic skills
instruction and OED preparation component, while RVCDC provides the construction
experience and training, and TJC provides general oversight, classroom space, life skills
training and transition services and support. Additionally, RCC's construction department
supports the work of RVCDC and YouthBuild by making its construction lab available
for specialized training and by placing a qualified construction student in a work
experience position with RVCDC.
Last year was the first year of RVYB program services. Program goals to serve 20 youth
and graduate 14 were met. Earlier this month at the national YB convention, RVYB
received two awards-lOO% job placement for the 14 graduates and beginning wages
averaging $13.68 per hour.
RVYB is providing youth in the Medford area with valuable and marketable skills and
education that benefit each student, their families and the communities in which they live.
We hope that the City of Ashland will help us continue this wonderful program by
awarding RVCDC a community block grant.
Sincerely,
9tiUf 1rt{{f~11
Nancy N. Vaughn, Director tb .\
Adult Basic Skills Department 1 JUt:>./
(541) 245-7713
nvaughn@roguecc.edu
Redwood Campus
3345 Redwood Highway
Grants Pass, OR 97527
(541) 956-7500
Riverside Campus
227 E. Ninth Street
Medford, OR 97501
(541) 245-7500
Table Rock Campus
7800 Pacific Avenue
White City, OR 97503
(541) 245-7500
o
THE JOB COUNCIL
PROVIDING WORKFORCE RESOURCES
.~~
February 21,2007
Rogue Valley Community Development Corporation
Ron Demele, Director
328 South Central Avenue
Medford, OR 97501
Dear Mr. Demele:
It's my pleasure to write this letter of support for RVCDC's City of Ashland's
Community Development Block Grant application. The Job Council and Rogue Valley
Community Development Corporation (RVCDC) have built a strong partnership over the
past seven years which has positive impacts on our communities.
The Rogue Valley YouthBuild Program is supported by RVCDC, The Job Council (TJC)
and Rogue Community College (RCC). Our combined efforts have supported many
young adults in transforming their lives. These young men and women spent over 9,000
hours this past year in helping build the nine townhouses on Faith Street in Ashland.
This program helps build productive lives as well as builds stronger communities by
training youth in construction jobs, teaching life skills and civic activities and engaging
them in positive community and social activities. The program supports RVCDC's
mission of increasing affordable housing for low-income families.
The Job Council looks forward to our continued partnership with RVCDC and the
opportunity to support another year of the Rogue Valley Y outhBuild program and their
work on affordable housing in Ashland and other communities in Jackson County.
~~,W;:~
.-
Sherri Stratton
Youth Program Manager
(541) 842-2546
sherris@jobcounci1.org
JACKSON COllNT) CAREER CENTER & ADMINISTRATIVE OFFICES
673 Market Street. Medford, OR 97504.541.776.5100 (Voice/TDD) . Fax 541.776.5125. www.jobcouncil.org
JOSEPHINE COllNT' CAREER CENTER
1.<;4<; Harlwl'k Roar! . Grant" Pa",,_ OR 97527.541.476.1187.541.476.1143 (TDD) . Fax 541.476.1180
'I~f. ~~\'''''''''''''' -- >"" ~..., ........ ,,.^......~I';"> ~'1f!""........ .',"'~t';''''''''l.....'.,r'_''''~--'''.l!!f!c.. . ~
- ,/" ,~~. 1-I-,J
''1;.
~.
~B
us
:.\::\0
o RVCDC
------------
Rogue Valley Community Development Corporation
PO Box 1733 · 328 S. Central STE 203 · Medford, OR 97501 . T 734-2355 F 245-6966
rvcdc@ arrtech.com
BOARD OF DIRECTORS
Rev. 12-11-06
Floyd Pawlowski- PresIdent
415 Pompadour
Ashland, OR 97520
High School Principal, Retired
(H) 482-4797 (F) 482-8843 (C) 821-2103
fmoawlowski(illashlandwireless.net
CUrrent Term Nov05-Nov07
Current Term N0v06-Nov08
Fred Lucas
3150 W Griffin Creek Rd.
Medford, OR 97501
School Principal, Retired
(H) n3-4402
IlJCiIS@ccountrv.com
Current Term Nov06-Nov08
Michael Travis- VIce President
28 Geneva
Medford, OR 97504
Travis Real Estate Inspections, Retired
(H) 779-4474
MTRAVIS64(illaol.com
Current Term Nov06-NovOB
Joan Micklendorff
1252 Valley VieN Dr.
Medford, OR 97504
REALTOR, Retired
(H) 779-5699 (C) 890-7734
icdorff(illmindsorina.com
Current Term Nov06-NovOB
RaeLynn Barker - Secretary
PO Box 1664
Medford, OR 97501
REALTOR-Oregon Dream Homes
(W) 776-7765 (C) 621-3798 (H) 772-8458
(F) 776-7811
raelvnn(illoreaondream.com
Current Term Nov05-Nov07
Dwayne Murray
833 Alder Creek Dr. Ste B
Medford, OR 97504
Attorney-at-Law
(W) 773-8473 (C) 821-0888
(H) 773-8375 (F) 773-6894
murrav4lawt6laol.com
Current Term Nov05-Nov07
Cara Rowe - TlYNISUrer
2397 Silver Palm
Medford, OR 97504
Umpqua Bank-Mortgage Loan Officer
(W)245-7138 (C) 941-8801
(H) 779-8672 (F) 772-3874
c1ararowe(illumoouabank.com
Current Term Nov05-Nov07
John Statler
1120 Niantic
Medford, OR 97501
Owner, COmputer Services Northwest
(H) 770-5524 (C) 941-4693 (Pgr) 770-3304
iohnt6lsvstemsolver .com
Current Term Nov06-Nov08
Dona Mitrany - Sergeant at Arms
815 Freeman Rd.
Central Point, OR 97502
Rogue Federal Credit Union
(W) 858-7401 (H) 664-6479 (F) 770-3714
dmitranv(illroauefcu.ora
Current Term Nov06-Nov08
EX-OFACIO
Mary Lee Christensen
333 Mt. VieN Estates, Sp. 153
Talent, OR 97540 (H) 535-7063
Bank of America, Retired OctOo-Ufe
Freel Berger
307 Gangnes
Talent, OR 97540
Veterans Administration, Retired (C) 261-6116
(H) 535-1773 fredricsw(illmsn.com
Current Term Apr06-Nov07
STAFF
Ron Demele - Executive Director
Ashland, OR 97520
(C) 821-0975 (H) 488-4236 ronrvcdc@arrtech.com
Becky Brown
2023 Siskiyou Blvd.
Ashland, OR 97520
(H) 488-0898
beckv brown3(illmsn.com
Current Term Nov06-Nov08
Clay COlley
475 Pompadour Dr.
Ashland, OR 97520
Owner/General Contractor
(H) 488-9614 collevtunes(illashlandwireless.net
Current Term Jun06-Nov07
Andrea Miranda - RscalOfficer
Medford, OR 97501
(H) 608-6717 rvcdc(illarrtech.com
Roxana Zepeda - Homebuyer Services Crt/ntr.
Eagle Point, 97524
(H) 541-582-1998 roxanarvcdc(illarrtech.com
Sam Fung
2834 Yvonne Rd.
Medford, OR 97504
REALTOR-Coldwell Banker Commercial Pro West
(W) 779-4466 x.5 (C) 301-8028 (H) 772-4735
(F) 772-1168 sam(illsamfunaccim.com
Current Term Nov06-Nov08
John Wheeler - MSH Construction SUpervisor
Medford, OR 97504
(C) 821-8763 (H) 734-0820 iohnrvcdc(illarrtech.com
Hector Aleman - youthbulld Crewieader
Ashland, OR 97520
(C) 821-9234 (H) 488-1542 hectorrvcdc(illarrtech.com
Ralph Monroe - Project Manager
Medford, OR 97504
(C) 821-8615 (H) 773-9957
Jabber Franklin
655 Pine St.
Medford, OR 97501
(H) 778-6496 roauevvb541(illhotmail.com
Breanna Welbum - Resource Director
White City, OR 97503
(C) 821-1149 (H) 826-4716
breannarvcdct6larrtech .com
CITY OF
ASHLAND
Council Communication
Public Hearing, Adoption of a Resolution Authorizing and Ordering the Formation of the
Schofield I Monte Vista Local Improvement District and Adoption of Findings
Meeting Date: April 3, 2007
Department: Public Works
Contributing Departments: Legal/City Recorder
Approval: Martha Bennett
Primary Staff Contact: Paula Brown, 488-5587
E-mail: brownp@ashland.or.us
Secondary Staff Contact: James Olson, 488-5347
E-mail: olsonj@ashland.or.us
Estimated Time: 45 min
Statement:
On February 20,2007, Council approved Resolution No. 2007-03 setting April 3, 2007 as the date for a public hearing
to consider the formation of a Local Improvement District to improve Schofield Street and Monte Vista Street. The
hearing notice has been published in the Daily Tidings and notices have been mailed to all owners within the proposed
district and to those citizens residing above the assessment district who might use Schofield Street or Monte Vista
Street as an access route to and from their homes.
Approval of the attached resolution would authorize and order the improvement of Schofield Street from North Main
Street to the Blossom View Subdivision and all of Monte Vista Street. In addition, acceptance of the attached findings
would document the City's decisions regarding the formation of the assessment district.
~Staff Recommendation:
Staff recommends approval of the attached resolution authorizing and ordering the formation of an LID to improve
Schofield and Monte Vista Streets specifying Option 1 for financing the LID. In addition, staff recommends approval
of the attached findings supporting the formation of the LID.
Background:
Ashland's Street System
Ashland has a firm understanding of the importance of its public street system. As stated in the Ashland Street
Standards Handbook adopted by Council in March of 1999, Ashland's streets are some of the most important public
spaces in the community and can shape and define a neighborhood. Ashland's streets are intended to enhance,
accommodate and promote all modes of travel including bicycle, pedestrian, vehicle and transit use. Although many
profess to enjoy the rural feel provided by a gravel or dirt surface street, it is impossible to provide enhanced and safe
accommodations for all modes of travel under unimproved street conditions.
The Ashland Comprehensive Plan and the Ashland Land Use Ordinance both address the importance of well designed,
well constructed streets. These documents along with the Ashland Transportation System Plan and the Transportation
Element of the Comprehensive Plan all deal with the need to improve streets and to provide a uniform set of
development standards.
All streets in Ashland shall be designed using the following assumptions:
· All designs encourage pedestrian and bicycle travel.
· Neighborhood streets (neighborhood collectors and neighborhood streets) are designed for 20 mph.
. All new streets and alleys are paved.
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJEC1\2005\05-08 CC Schofield Monte Vista PH Authorizing LID.doc
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. All streets have standard vertical, non-mountable curbs.
. Gutter widths are included as part of the curb-to-curb street width.
. New avenues and boulevards have bicycle lanes.
. Parkrow and sidewalk widths do not include the curb.
. Sidewalks are shaded by trees for pedestrian comfort.
. All streets have parkrows and sidewalks on both sides. In certain situations where the physical features of the
land create severe constraints, or natural features should be preserved, exceptions may be made. Exceptions
could result in construction of meandering sidewalks, sidewalks on only one side of the street, or curbside
sidewalk segments instead of setback walks. Exceptions should be allowed when physical conditions exist that
preclude development of a public street, or components of the street. Such conditions may include, but are not
limited to, topography, wetlands, mature trees, creeks, drainages, rock outcroppings, and limited right-of-way
when improving streets through a local improvement district (LID).
. Parkrows and medians are usually landscaped.
. Garages are set back from the sidewalk so parked vehicles are clear of sidewalks.
. Building set back and heights create a sense of enclosure.
The Land Use Ordinance further stresses the importance of improving streets under Chapter 18.76.050 "Preliminary
Approval by the Planning Commission" even for land partitions. This section requires that the partitioning be in
accordance with the design and street standards contained in Chapter 18.88, Performance Standard Options. Chapter
18.76.05O(G) further states that the Public Works Director MAY waive the requirement to improve the street only when
ALL of the following conditions exist:
. The unpaved street is at least 20-feet wide to the nearest fully improved collector or arterial street.
. The centerline grade on any portion of the unpaved street does not exceed ten percent.
. Should the partition be on an unpaved street and paving is not required, the applicant shall agree to participate
in the costs and to waive the rights of the owner of the subject property to remonstrate both with respect to the
owners agreeing to participate in the cost of full street improvements and to not remonstrate to the formation of
a local improvement district to cover such improvements and costs thereof. Full street improvements shall
include paving, curb, gutter, sidewalks and the undergrounding of utilities. This requirement shall be precedent
to the signing of the final survey plat, and if the owner declines to so agree, then the application shall be
denied.
From a Public Works viewpoint there are a number of equally compelling reasons to improve gravel streets with curb
and gutter and paving including:
1. Reduced Maintenance Cost - Each year the Public Works Department spends thousands of dollars to
maintain gravel surfaces and drainage ditches. Annual maintenance costs for Schofield and Monte Vista are
estimated to be $6,800 - 7,500. Once the street is paved, maintenance costs are reduced to near zero for the
first 10 to 15 years.
2. Drainage Control - The use of concrete curb and gutter with catch basins and storm drain piping prevents the
uncontrolled surface flow of water along an unimproved street which eliminates the need for unsafe and
unsightly drainage ditches and eliminates erosion within the ditches.
3. Safety Improvement - The vertical curb contributes to safety by defining the edge of the street for drivers,
pedestrians and children. The curbs show drivers where to drive, where to tum and where to park. Curbs also
provide protection for street lights, fire hydrants, signs and mail boxes. The uniform paved surface also
provides a much safer surface for all modes of transportation. This is especially true in granitic surface streets
such as Schofield Street where loose individual grains of decomposed granite act as ball bearings beneath
shoes and tires. In steep areas the asphalt surface can be "roughened" to provide an even better traction
surface for wintertime travel improvement.
4. Environmental Improvements - The paving of dirt or gravel surfaced streets is a proven remedy to reduce dust
and particulate levels in the air and water bom silt from the storm system.
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJEC1\2005\05-08 CC Schofield Monte Vista PH Authorizing LID.doc
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Proiect Historv
On July 15,1997, Council held a public hearing to consider the formation of an LID to improve Sheridan Street,
Schofield Street and Monte Vista Street. This public hearing was the culmination of efforts by the developer of
Blossom View Subdivision (Bob Sullivan) to form a local improvement district to provide paved access to his
subdivision. Resolution No. 97-25 set the date for the public hearing and proposed that the $238,115 project be
funded as follows:
$ 57,461 to be paid by Sullivan for the Blossom View Subdivision
$ 180,654 to be assessed against the remaining 24 lots within the proposed assessment district.
At the time the City did not participate in contributing to the LID costs and the assessment rate was based upon a
combination of lot street frontage and number of units. The proposed assessments varied widely from $2,960 to
$22,723 per lot with the average assessment cost being $9,922.
The proposal had few supporters amongst the neighbors as the consensus was that the developer should bear a
much larger portion of the cost. At the public hearing more than two thirds of the proposed assessment district
remonstrated against the formation of the LID thereby effectively stopping the LID process. The developer elected to
improve only Sheridan Street to half street standards as part of the Blossom View Subdivision construction and was
able to satisfy the planning commission requirements for access without forming an LID.
Prooosed Improvements
The Engineering staff has met with the neighborhood on two occasions to discuss the proposed improvements,
funding, schedule, etc. It was agreed that the design should incorporate the following parameters:
Parameter
Street Width
Sidewalk
Curb & Gutter
On-street Parking
Parkin Sa s
Schofield Street
22 feet
4 foot wide on one side
Both sides
One-side only
None
Monte Vista Street
18-20 feet
None
Both sides
None
None
Actual street design will not commence until authorized by the Council, however, the Schofield LID design work has
been tentatively added to the scope of work for the existing contract with Marquess and Associates, one of the City's
pool of consulting engineering firms. Marquess is prepared to begin work as soon as the project is authorized.
LID Boundaries
The proposed assessment district is comprised solely of those lots having direct frontage on or taking sole access
from Schofield Street or Monte Vista Street. The benefit to these lots is readily definable and is much more direct than
those who might simply use the street as a throughway to access their property. Many of the surrounding lots outside
the proposed district, have already participated in LIDs to improve lower Sheridan Street, Tucker Street and the north
section of Walnut Street. The district boundary is proposed to encompass only 16 lots as shown on the attached
maps.
LID Supoort
The attached petition which was received on May 20, 2006 contains 12 signatures representing eight property
ownerships and nine potential assessment units. One of the original singers of the petition, Kendel Clarke, has sold his
house on Schofield Street and his signature is no longer valid. However, the new owner, Teresa McCants, has
indicated that she is in favor of the improvement and will also sign the petition.
G:\pub-wrks\eng\dept-adrnin\ENGINEER\PROJECT\200S\OS-08 CC Schofield Monte Vista PH Authorizing LID.doc
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At the February 20, 2007 Council meeting there was discussion as to how to assess the Hargadine Cemetery which is
owned by the City. The amount of City participation and the percentage of the "in favor" votes are dependent upon the
number of assessment units to be assigned to the lot. Following are two options to be considered depending upon the
number of assessment units assigned to the cemetery.
OPTION NO.1
A. Cemetery Assessment Units -
B. Total Assessable Units-
C. Amount to be paid by Assessment District -
D. Percentage in favor by petition-
E. Percentage in favor including cemetery -
F. Percentage in favor by prior agreement* -
*excludes cemetery property and Lot 2000
OPTION NO.2
A. Cemetery Assessment Units -
B. Total Assessable Units-
C. Amount to be paid by Assessment District -
D. Percentage in favor by petition-
E. Percentage in favor including cemetery -
F. Percentage in favor by prior agreement* -
*excludes cemetery property and Lot 2000
4
23
$149,974.44
39%
57%
65%
1 [If the cemetery was removed completely, there
20 would be 9 lots out of 19 total- or 47.4% in favor.]
$102,760.00
45%
50%
75%
Fundina
Estimated construction costs and proposed funding options for the Schofield / Monte Vista Street LID are as follows;
1. Estimated Construction Cost
2. Engineering and Administration Cost
Estimated Total Project Cost
$353,000
$ 34.000
$387,000
3. City Credits; per Resolution No. 99-09 the City will contribute the following amounts:
60% of sidewalk construction costs
75% of storm drain construction costs
70% of street surface construction costs
50% of engineering and administration costs
Based upon the estimated cost for the improvement of Schofield and Monte Vista Streets, the City would
contribute:
Sidewalk costs $27,040 @ 60% = $16,224.00
Storm drain costs $29,650 @ 75% = $22,237.50
Street surface costs $296,310 @ 20% = $59,262.00
Engineering/administrative costs $34.000 @ 50% = $17.000.00
Total City Contribution: $114,723.50
4. Assessable Cost
Estimated total project cost
Less credits
Assessable Total Costs:
$387,000.00
$114.723.50
$272,276.50
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2005\05-08 CC Schofield Monte Vista PH Authorizing LID.doc
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OPTION NO.1
Number of Assessment Units
Computed Cost per Unit ($272,276.50 + 23)
Maximum Assessment Rate per unit; Resolution 99-09
Amount to be paid by non-City owners ($5,138 x 19)
Amount to be paid by City property (cemetery)
Remaining Amount to be paid by City (SDCs and fees)
Percent of cost bom by non-City property owners
Percent of cost born by City
Sources of City Funding:
LID from non-City owners
LID from Cemetery assessment (4 x $11,838.11)
Street SDC (15% of street, sidewalk & engr project costs)
Strom Drain SDC (15% of storm drain & engr costs)
Street Fees
Storm Drain Fees
Total Project Cost:
23
$11,838.11
$5,138.00 (2006 costs)
$97,622.00
$47,352.44
$242,025.56
25.2%
74.8%
$97,622.00
$47,352.44
$53,174.13
$4,875.87
$168,522.66
$15.452.90
$387,000.00
OPTION NO.2
Number of Assessment Units
Computed Cost per Unit ($272,276.50 + 20)
Maximum Assessment Rate per unit; Resolution 99-09
Amount to be paid by non-City owners ($5,138 x 19)
Amount to be paid by City property (cemetery)
Remaining Amount to be paid by City (SDCs and fees)
Percent of cost bom by non-City property owners
Percent of cost born by City
Sources of City Funding:
LID from non-City owners
LID from Cemetery assessment (1 x $13,613.82)
Street SDC (15% of street, sidewalk & engr project costs)
Strom Drain SDC (15% of storm drain & engr costs)
Street Fees
Storm Drain Fees
Total Project Cost:
20
$13,613.82
$5,138.00 (2006 costs)
$97,622.00
$13,613.82
$275,764.18
25.2%
74.8%
$97,622.00
$13,613.82
$53,174.13
$4,875.87
$202,261.28
$15.452.90
$387,000.00
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJEC1\2005\05-08 CC Schofield Monte Vista PH Authorizing LID.doc
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Related City Policies:
AMC Chapter 13.20 sets forth the requirements and regulations of Local Improvement Districts
Council Options:
A. Council may either approve or reject the attached resolution authorizing and ordering the formation of an
LID to improve Schofield and Monte Vista Streets.
1. Option 1 allows the City to assess the Cemetery as 4 units, providing more "equity" in City
participation in the LID.
2. Option 2 assesses the Cemetery property as only one unit. If Council selects Option 2, the
resolution Section 2 would need to be modified as follows:
SECTION 2. The council intends to make local improvements to provide the improvements
described in the above title. Such improvements will be in accordance with costs estimated to be
$387,000.00 of which $111,235.82 will be paid by special assessments on benefited properties.
Costs will be allocated based on $5138.00 per equivalent dwelling unit or potential equivalent
dwelling unit within the assessment area.
3. In either case, the assessment to residents within the district is exactly the same at $5,138.00.
B. Council is also being asked to adopt the attached findings pertaining to the formation of the assessment
district. Council has three options in this action and may
1. approve the attached findings as written.
2. reject the attached findings and direct staff to rewrite.
3. review and amend the attached findings.
Potential Motions:
Council has two potential actions to approve or reject the resolution, and if the resolution is adopted, then to
approve, reject or modify the findings. Staff suggests the following motions:
1. Council moves to adopt the attached Resolution Authorizing and Ordering the Local Improvements for the
Construction of Improvements to Schofield Street and Monte Vista Street Consisting of Grading, Paving
and Construction of Curb And Gutters, Sidewalks, Storm Drains and Related Appurtenances and
Authorizing the City to Borrow Money and Issue and Sell Notes for the Purpose of Providing Interim
Financing for the Actual Cost of the Local Improvement specifying Option No. 1 as the adopted funding
mechanism (or Option 2 if Council so determines which would adjust Section 2 to read as shown above).
A. Assuming the resolution is adopted; Council further moves to accept the attached findings as
written (or with adjustments as shown above).
2. Altematively, Council moved to reject or take no action on the attached resolution and may direct staff to
provide further information.
Attachments:
1. Photographs
2. Resolution wi Exhibit A (Option 1 and 2)
3. Vicinity Map
4. Petition
5. LID Boundary Map Displaying Current Petitioners
6. LID Boundary Map Displaying Prior Signed-In-Favor Properties
7. Findings
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECJ\2005\05-08 CC Schofield Monte Vista PH Authorizing LID.doc
6
~~,
PHOTOS: Attachment 1
~
~
Looking south toward East Main Street
Intersection of Schofield and Monte Vista Streets looking northwest
G:\pub-wrks\eng\dept-adrnin\ENGINEER\PROJECI\2005\05-08 CC Schofield Monte Vista PH Authorizing LID.doc
7
r~'
Schofield Street from Blossom View Subdivision looking southeast
Monte Vista Street looking north
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECI\2005\05-08 CC Schofield Monte Vista PH Authorizing LID.doc
8
r.,
RESOLUTION NO. 2007-
A RESOLUTION AUTHORIZING AND ORDERING THE LOCAL
IMPROVEMENTS FOR THE CONSTRUCTION OF IMPROVEMENTS TO
SCHOFIELD STREET AND MONTE VISTA STREET CONSISTING OF
GRADING, PAVING AND CONSTRUCTION OF CURB AND GUTTERS,
SIDEWALKS, STORM DRAINS AND RELATED APPURTENANCES
AND AUTHORIZING THE CITY TO BORROW MONEY AND ISSUE AND
SELL NOTES FOR THE PURPOSE OF PROVIDING INTERIM
FINANCING FOR THE ACTUAL COST OF THE LOCAL IMPROVEMENT
RECITALS:
A. The Council has declared by resolution its intention to develop the improvements
described in the above title and in the improvement resolution previously adopted and
to assess upon each lot or part of lot benefited by the improvement its proportional
share of the cost of the improvement; and
B. Notice of such intention was duly given, a public hearing was held and it appears to
the Council that such improvements are of benefit to the city and all property to be
assessed will be benefited to the extent of the probable amount of the respective
assessments to be levied for the costs.
THE CITY COUNCIL OF THE CITY OF A.SHLAND RESOLVES:
SECTION 1. A local improvement district is created and shall consist of all the tax lots
described in the attached Exhibit A. The district shall be called the Schofield/Monte
Vista Local Improvement District, No. 87.
SECTION 2. The council intends to make local improvements to provide the
improvements described in the above title. Such improvements will be in accordance
with costs estimated to be $387,000.00 of which $144,974.44 will be paid by special
assessments on benefited properties. Costs will be allocated based on $5138.00 per
equivalent dwelling unit or potential equivalent dwelling unit within the assessment area.
Lots will be assessed as specified on the attached Exhibit A.
SECTION 3. The City of Ashland is authorized to borrow money and issue and sell
notes for the purpose of providing interim financing for the actual cost of the local
improvement. The notes may be payable from the proceeds of any bonds, issuance of
additional notes or from any other sources from which the bonds are payable. This
borrowing shall be issued according to the terms of ORS 223.235(7).
SECTION 4. The City of Ashland expects to make expenditures from its available funds
to pay for the costs of the improvement project. The City reasonably expects to issue
PAGE 1-FORMATION RESOLUTION
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJEC1\200S\OS-QS CC Resolution Authorizing & Ordering.doc
bonds or other obligations (the "Reimbursement Bonds") and to use the proceeds of the
Reimbursement Bonds to reimburse the City for the expenditures it makes from its
available funds for the improvement project. To permit interest on the Reimbursement
Bonds to be excludable from gross income, the Internal Revenue Code of the United
States requires that the City declare its intent to reimburse itself from Reimbursement
Bond proceeds within 60 days after the expenditures are made. The City expects that
the principal amount of the Reimbursement Bonds will not exceed $117,200.00.
SECTION 5. The assessment imposed upon benefitted properties is characterized as
an assessment for local improvement pursuant to ORS 305.583(4).
SECTION 6. The city recorder is directed to prepare the estimated assessment of the
respective lots within the local improvement district and file it in the lien records of the
city.
SECTION 7. This resolution takes effect upon signing by the Mayor.
This resolution was read by title only in accordance with Ashland Municipal Code
, 2.04.090 and duly PASSED and ADOPTED this
day of
,2007.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2007.
John Morrison, Mayor
PAGE 2-FORMATION RESOLUTION
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PETITION FOR STREET IMPROVEMENT
LOCATION: MONTE VISTA & SCHOFIELD STREET
RECEIVED BYTHE CITY ENGINEER:
DATE:
~ /~t"\ / /'";)/;;
-
NOTICE TO PETITIONERS: Persons signing this petition must be legal owners of record, or purchasers
in possession under a recorded land sale contract of real property abutting the proposed street
improvement. If title to any parcel of property is in the name of two or more persons, all must sign.
Petitioners should sign using their names as they appear on the records of ownership.
TO THE HONORABLE MAYOR AND COMMON COUNCIL OF THE CITY OF ASHLAND:
We, the undersigned owners of record of real property in the City of Ashland, Jackson County, Oregon,
hereby petition that:
All of the remaining unimproved sections of Monte Vista Street and Schofield Street to be'improved with
curbs, gutters, paving, sidewalks and drainage control features in--accordance with plans and
specifications therefor as shall be adopted by the City of Ashland and the cost of such paving and
improvements be assessed upon the real property benefited thereby and that we are the owners of the
real property fronting (or benefiting) on said street.
If)
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G:\pub-wrks\eng\dept-adminILID\Scholield Monte VISta Street Paving Petition.doc
BEFORE THE ASHLAND CITY COUNCIL
JACKSON COUNTY, OREGON
April 3, 2007
IN THE MATTER OF RESOLUTION AUTHORIZING AND )
ORDERING THE LOCAL IMPROVEMENTS FOR THE )
CONSTRUCTION OF IMPROVEMENTS TO SCHOFIELD )
STREET AND MONTE VISTA STREET CONSISTING OF )
GRADING, PAVING AND CONSTRUCTION OF CURB AND )
GUTTERS, SIDEWALKS, STORM DRAINS AND RELATED )
APPURTENANCES AND AUTHORIZING THE CITY TO )
BORROW MONEY AND ISSUE AND SELL NOTES FOR )
THE PURPOSE OF PROVIDING INTERIM FINANCING FOR )
THE ACTUAL COST OF THE LOCAL IMPROVEMENT )
)
APPLICANT: City of Ashland )
)
FINDINGS
CONCLUSIONS
AND ORDERS
RECITALS:
1) On February 20,2007, Council approved Resolution No. 2007-03 setting a public
hearing with intent to form a local improvement district (LID) for the construction of
improvements to Schofield and Monte Vista Streets consisting of sidewalks, curbs
and gutters, paving, drainage and associated improvements..
2) The Council has declared by Resolution No. 2007-03 to assess upon each lot or part
of lot benefited by the improvement its proportional share of the cost of the
improvement; and it appears to the Council that such improvements are of benefit to
the City. All property to be assessed will be benefited to the extent of the probable
amount of the respective assessments to be levied for the costs.
3) The Council, following proper public notice, held a public hearing on April 3, 2007,
at which time a staff presentation was made, citizen testimony received and exhibits
presented. Council approved Resolution No. 2007-_ authorizing and ordering the
local improvements for the construction of improvements to Schofield and Monte
Vista Streets consisting of grading, paving and construction of curb and gutters,
sidewalks, storm drains and related appurtenances.
4) On April 3, 2007, Council approved Resolution No. 2007-_ authorizing the City to
borrow money and issue and sell notes for the purpose of providing interim financing
for the actual cost of the local improvement.
5) The Schofield / Monte Vista LID No. 87 boundary was approved by Council as being
all those lots with frontage on or taking sole access from Schofield Street between
North Main Street and the east boundary of Blossom View Subdivision and Monte
Vista Street between Sheridan Street and Schofield Street.
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECTI2005\05-08 CC Schofield Monte Vista Findings 3 07.doc
Page I of4
Now, therefore, the City Council of the City of Ashland finds, concludes and
recommends as follows:
SECTION 1. EXHIBITS
For the purposes of reference to these Findings, the following exhibits will be used:
Exhibit 1 - Council Communication dated February 20,2007
Exhibit 2 - Minutes ofthe February 20, 2007 Council meeting
Exhibit 3 - Resolution No. 2007-03 setting a public hearing
Exhibit 4 - Council Communication dated April 3, 2007
Exhibit 5 - Minutes ofthe April 3, 2007 Council meeting
Exhibit 6 - Resolution No. 2007-_ authorizing and ordering the improvement of
Schofield Street and Monte Vista Street under the Schofield / Monte Vista Street LID
No. 87
SECTION 2: CONCLUSORY FINDINGS REGARDING NATURE OF IMPROVEMENTS
2. 1 The City Council intends to improve Schofield Street from North Main to the easterly
boundary of Blossom View Subdivision and Monte Vista Street between Sheridan
Street and Schofield Street. The improvements are to consist of grading and paving,
construction of curbs and gutters, sidewalks, storm drains and related appurtenances.
2.2 The proposed LID is in the best interest of the City. Evidence presented indicated
that the City will have an improved street for all modes of transportation with reduced
maintenance costs; enhanced environmental effects due to improved air quality and
better storm water controls; and a demonstrated improved safety with construction of
curbs, sidewalks and an asphalt road surface.
SECTION 3. CONCLUSORY FINDINGS REGARDING BOUNDARY DETERMINATION
3.1 The City Council finds that it has received all information necessary to make a
decision based on the Council Communication dated February 20,2007 and April
3,2007, public hearing testimony and the exhibits received.
3.2 The proposed LID boundary includes all lots fronting on or taking sole access from
Schofield Street between North Main Street and the east boundary of Blossom View
Subdivision or Monte Vista Street between Sheridan Street and Schofield Street as
depicted on the map attached to Resolution No. 2007-03. This boundary was
selected as these 16 properties would be directly benefited by the improvements to
Schofield and Monte Vista Streets. The benefit to these lots is readily definable and
is much more direct than those who might simply use the street as a throughway to
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\200S\OS-08 CC Schofield Monte Vista Findings 3 07.doc
Page 2 of 4
access their property. Many ofthe surrounding lots outside the proposed district,
have already participated in LIDs to improve lower Sheridan Street, Tucker Street
and the north section of Walnut Street. The district boundary is proposed to
encompass only 16 lots as shown on the attached maps.
3.3 The proposed Schofield Street Local Improvement District is consistent with the
2007-2012 Capital Improvement Plan and identified in the 2006-2007 budget adopted
by Council in June, 2006.
3.4 The City Council did not receive a remonstrance sufficient to postpone authorizing
and ordering the construction of the local improvement district.
SECTION 4. NOTIFICATION OF PUBLIC HEARING
4.1 A notice of public hearing was sent to all listed property owners (determined from
Jackson County Tax Assessment rolls) within the proposed assessment district. In
addition a notice has been sent, for informational purposes, to all property owners
within the affected area. The affected area is defined as those lots situated near
Schofield Street and Monte Vista Street which could be reasonably expected to use
Schofield Street and/or Monte Vista Street as a residential access route. The public
hearing notice was also published in the Ashland Daily Tidings.
SECTION 5. ALLOCATION OF ASSESSMENT UNITS
5.1 Each of the 16 lots within the proposed assessment district has been allocated one
assessment unit. In addition, several lots have been allocated additional units of
assessment. Those lots with additional units are those lots that the Planning
Department has determined can be further divided. The number of assessment units is
equal to the number of current and future potential residential lots as defined in
Resolution No. 99-09 and as shown on the attachments to Resolution No. 2007-03.
SECTION 6. COST
6.1 The maximum assessable rate per unit is established by Resolution No. 99-09. The
maximum rate established in 1999 was $4,000 per unit. This rate is adjusted each
April in accordance with the Construction Cost Index established by the Engineering
News Record Index (ENR record) for Seattle, Washington. The current rate to be
charged for the Schofield / Monte Vista LID No. 87 is $5,138.00 which is the
maximum rate as of Resolution No 2007-04 establishing the Public Hearing date. All
costs over and above the assessment amount will be borne by the City.
SECTION 7. DECISION
7.1 Based on evidence contained within the whole record on this matter, the City Council
concludes that the establishment of the LID boundary is in the City's best interest, is
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJEC1I2005\05-08 CC Schofield Monte Vista Findings 3 07.doc
Page3 of 4
justified as presented by staff and is supported by evidence contained within the
record.
7.2 Council finds that the public hearing was properly noticed.
7.3 Council further concludes that the allocation of assessment lots and associated cost
complies with Resolution No. 99-09 and represents the benefit received by each
affected property.
7.4 Therefore, based on our overall conclusions, the City Council authorizes and orders
the construction of improvements for the Schofield / Monte Vista Local Improvement
District No. 87.
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2005\05-08 CC Schofield Monte Vista Findings 3 07.doc
Page 4 of 4
RESOLUTION NO. 2007-
A RESOLUTION AUTHORIZING AND ORDERING THE LOCAL
IMPROVEMENTS FOR THE CONSTRUCTION OF IMPROVEMENTS TO
SCHOFIELD STREET AND MONTE VISTA STREET CONSISTING OF
GRADING, PAVING AND CONSTRUCTION OF CURB AND GUTTERS,
SIDEWALKS, STORM DRAINS AND RELATED APPURTENANCES
AND AUTHORIZING THE CITY TO BORROW MONEY AND ISSUE AND
SELL NOTES FOR THE PURPOSE OF PROVIDING INTERIM
FINANCING FOR THE ACTUAL COST OF THE LOCAL IMPROVEMENT
RECITALS:
A. The Council has declared by resolution its intention to develop the improvements
described in the above title and in the improvement resolution previously adopted and
to assess upon each lot or part of lot benefited by the improvement its proportional
share of the cost of the improvement; and
B. Notice of such intention was duly given, a public hearing was held and it appears to
the Council that such improvements are of benefit to the city and all property to be
assessed will be benefited to the extent of the probable amount of the respective
assessments to be levied for the costs.
THE CITY COUNCIL OF THE CITY OF ASHLAND RESOLVES:
SECTION 1. A local improvement district is created and shall consist of all the tax lots
described in the attached Exhibit A. The district shall be called the Schofield/Monte
Vista Local Improvement District, No. 87.
SECTION 2. The council intends to make local improvements to provide the
improvements described in the above title. Such improvements will be in accordance
with costs estimated to be $387,000.00 of which $141,~7~."4-will be paid by special
assessments on benefited properties. Costs will be allocated based on $5138.00 per
equivalent dwelling unit or potential equivalent dwelling unit within the assessment area.
(1/' Z 35". ~2-
Lots will be assessed as specified on the attached Exhibit A.
SECTION 3. The City of Ashland is authorized to borrow money and issue and sell
notes for the purpose of providing interim financing for the actual cost of the local
improvement. The notes may be payable from the proceeds of any bonds, issuance of
additional notes or from any other sources from which the bonds are payable. This
borrowing shall be issued according to the terms of ORS 223.235(7).
SECTION 4. The City of Ashland expects to make expenditures from its available funds
to pay for the costs of the improvement project. The City reasonably expects to issue
PAGE 1-FORMATION RESOLUTION
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECl\2005\05-08 CC Resolution Authorizing & Ordering.doc
bonds or other obligations (the "Reimbursement Bonds") and to use the proceeds of the
Reimbursement Bonds to reimburse the City for the expenditures it makes from its
available funds for the improvement project. To permit interest on the Reimbursement
Bonds to be excludable from gross income, the Intemal Revenue Code of the United
States requires that the City declare its intent to reimburse itself from Reimbursement
Bond proceeds within 60 days after the expenditures are made. The City expects that
the principal amount of the Reimbursement Bonds will not exceed $117,200.00.
SECTION 5. The assessment imposed upon benefitted properties is characterized as
an assessment for local improvement pursuant to ORS 305.583(4).
SECTION 6. The city recorder is directed to prepare the estimated assessment of the
respective lots within the local improvement district and file it in the lien records of the
city.
SECTION 7. This resolution takes effect upon signing by the Mayor.
This resolution was read by title only in accordance with Ashland Municipal Code
, 2.04.090 and duly PASSED and ADOPTED this
day of
,2007.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2007.
John Morrison, Mayor
PAGE 2-FORMA TION RESOLUTION
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2005\OS-Qa CC Resolution Authorizing & Ordering.doc
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To: City Council Members and Mayor
From: Austin Brayfield
400 Monte Vista Drive
Date: March 29, 2007
Re: Monte Vista/Schofield Proposed LID
I live on the comer of Monte Vista and Schofield and love the character ofthis
neighborhood. My late husband and I bought this property about 20 years ago after
looking for months for a home close to downtown but that had a relaxed, natural,
country-lane feeling. We wanted a home in a neighborhood that had some individuality.
Frankly, the house was so-so, but the unpaved roads and the natural look of the area sold
us. I can't tell you how often first-time visitors to my home exclaim how wonderful and
"hidden" the area is. And these visitors are usually from Ashland. Some of us don't
want our neighborhood to look like every other neighborhood. The city of Ashland
should foster this individuality; it's an important ingredient for a vital community. There
are still buyers who want that special feeling. In fact, a house on my street was sold only
last week and the new owners do not want the streets paved and oppose the LID.
The argument that paved streets and sidewalks increase the value of one's
property depends on the buyer. If one is buying a house for investment only, maybe
that's important; but for others who want to make a home and have their surroundings
give them comfort, it's a moot point. I ask you to preserve some individuality in our town
and rethink not only the paving of Monte Vista/Schofield but also the meager 10 or so
miles of remaining unpaved roads.
Another consideration: the more paving, the hotter it gets. Granted it's not much,
but why do we need to add even a little to the global warming problem by laying down
more asphalt or cement?
The two houses that are at the top of Schofield and of Monte Vista apparently
have a problem with debris after heavy rains. With a little creative thinking and
engineering couldn't we solve that problem with a portion of the estimated $387,000?
The same goes for the dust during dry months. We spray the streets once in the summer.
We could do that as often as necessary to abate the dust and still not use $387,000. And
perhaps there's a more effective spray to use.
Lastly, it is fiscally irresponsible for the city and residents to spend $387.000 at
this time with the library closing, the huge AFN and Water Treatment Plant debts
confronting us. Please consider priorities.
Thank you for your consideration.
~ ~/~"
I ~ support ~object the Schofield/Monte Vista LID as proposed.
Date: .~ 1.1. 'f
, 2007
/ 1~\.J-t~1A ~L\.{ 4a.{ cl.w"i& Signature
''?O~tlVl{} lUG CnttJ'j)Nci Printed Name
.JoG Tax: Lot
Second Property Owner:
fS~ture
1-/. (vI tt rl, n e L Printed Name
11nI' '-"'" '-UUI u""'.u...>r rl';U1'i.1'1HI'I:1\. Hl'<<J t"l:.I.:I\:IT \:It(lJ::Jt:. (l,j-!:M(- (1l1'.::1 TO: 15414881793
~~r ~~ U~ U~:U~p Tne Maln source 1 ~~l ~~u l-'~~
J SUppon ~_object the S<.hoficldJMoote Vilta LID as proposed.
Dale: ] /~ ___. -> 2007
....~~_ S-gnaturc
LYl qk C~e fh Printed Name
10 ]f1/t=0S8D
Signature
e:ra~tt,rinr.cd Name
.
P.l
p. 1
I _ support Vobject the SchofieldlMonte Vista LID as proposed.
Date: .3 -..L J.- , 2007
j I'} .'>.., .
Cr..~-----v( '>~H--'~~H:e > Signature
(
51,-~.. ~ d J~ if T;("LL' '5 ,f/Printed Name
/6--") 0 Tax Lot
Second Property Owner:
/}
,l ~'c1 X O:w'~^v1/~ .~ Signature
~u 6 ",-\-\r. L I .tf.nt I< () If\) c:;. J< ,I Printed Name
I _ support ~ object the Schofield/Monte Vista LID as proposed.
Date: '.:s . ;2 j' - , 2007
L-.--~
r "., ...~
c. ~.-<--^..~.J/ if-'-~~. L~ r ' Signature
Zif~' q "J J 'Pe /I'-!-# (~S 1:'/. Printed Name
/ D;2-
Tax Lot
Second Property Owner:
:===:)
/.~#\ <:/. ~<~ignature
""""'S...,", J 'i\ \-. l. ~ f) tK 0 \ij <, IcL Printed Name
/,-
I _ support ~ object the Schofield/Monte Vista LID as proposed.
Date: ,3/;;23 , 2007
I
.5;ha l.ud,) ?Jf'lsignature
FI2;::WL~) &JA1FIEI--I) Printed Name
..3 D7'- Tax Lot
Second Property Owner:
1
c:&cc~-~
Signature
ARTfl-t1~_I'3~A IF(~ Printed Name
I _ support X object the Schofield/Monte Vista LID as proposed.
Date: -3/~ 7 /0 "72007
I I
~ ''7Yla.h\M Signature
-
M p, R GA- RE:=T fv1 fllJ IJ Printed Name
:;'0 I
Tax Lot
Second Property Owner:
'-J1AJJ~1JJ
Signature
Printed Name
I _ support ~bject the Schofield/Monte Vista LID as proposed.
Date: ~A.J~ 1 ,2007
~/C Acn--~ignature
,lY)t+Y1 fi. Df,rrc::ll!0PrintedName
;2,000 Tax Lot .-f-4SSESSMEtJT Ittv\Dl,(tJf~ fjd-~55;2. 00
Second Property Owner:
Signature
Printed Name
I _ support / object the Schofield/Monte Vista LID as proposed.
Date: l1tti d. 2.(0, 2007
~ d?~Signature - CUi(RErJT REIVT~R..
YlS~Dll PLAit PrintedName
/'3 () J Tax Lot
Second Property Owner:
Signature
Printed Name
Memo
CITY OF
ASHLAND
Date:
From:
To:
April 2, 2007
Paula Brown, Jim Olson
Mayor John Morrison and City Council
LETTERS RECEIVED IN OPPOSITION TO THE PROPOSED SCHOFIELD I
MONTE VISTA LID
Re:
As of this date we have received three letters expressing opposition to the proposed Schofield I
Monte Vista LID. We have also received several faxed statements in opposition to the projects.
Following is a brief summary of the letters and statements:
1. Faxed statements objecting to the Schofield I Monte Vista LID as proposed received
from:
a. Groseth, Mark and Margaret
b. Martinez, Floyd H. and Garduno, Rosemarie
(purchased from Spence)
c. Pentkowski, Edward and Judith 391 E05BD 100
d. Pentkowski, Edward and Judith 391E05BD 102
e. Mann, Margaret 391E05BD 201
f. Brayfield, Austin 391E05BD 304
g. Platt, Yehudit 391E05BA 1802
(This signature is from a renter, not an, owner. The owner of this lot,
Teresa McCants has signed the petition in favor of the project.)
h. Datton, Mary A. 391 EOSBA 2000
TOTAL UNITS OBJECTING
391 E05BD 103
391 E05BD 300
(1)
(1)
(1)
(1)
(I)
(1)
(0)
ffi
10
2. Letter from Austin Brayfield received March 30, 2007. (Received too late for a response.)
A copy of the Brayfield letter is attached.
3. Letter from Margaret Mann received March 28, 2007. This letter was directed to the
Engineering Division and was answered on March 28, 2007. A copy of both letters are
attached.
4. Letter from Yehudit Platt received on March 28, 2007. As mentioned above, Mr. Platt is
not part of this proposed assessment district as he is a renter. The owner of r~rd is in
favor of the project and has signed the petition. The Platt letter lists eight areas of concern
which are commonly heard objections to any LID. The response to these listed points is
as follows:
(1) One of the things that makes this street so nice is the natural feel and
appearance, due to natural vegetation, the unpaved road, and the lack of
sidewalks.
ENGINEERING DIVISION
20 E. Main Street
Ashland OR 97520
www.ashland.or.us
Tel: 541/488-5347
Fax: 541/488-0006
TTY: 8001735-2900
r;.,
G:\pub-wrks\eng\dept-adminIENGINEERIPROJECT\2OO5\05-08 Response to public letters memo lo Council 3 07.doc
This is the most common argument in opposition to paving. Unfortunately, when
one makes the choice to live within an incorporated city and enjoy the benefits
and services provided by that city, the opportunity to live in a rural area are rare
and for several good reasons. As in any city decision, the needs, concerns and
demands of the city as a whole are paramount and are sometimes in conflict with
the desires of the few. The standard of paved streets applies to all, but is
especially critical in steep areas where soil erosion and dust pollution is prevalent.
The negative impact of air and water pollution is felt by a much larger community
than just those who live on the street.
(2) We need to do whatever we can to foster and maintain the uniqueness and
diversity of streets within Ashland and of Ashland as a whole. Do we really want
to become another cookie-cutter community, and to force each neighborhood to
conform to the average American model of manicured, paved-over, squared-off
surfaces? Let's find another way to address our neighborhoods.
The development, growth and character of our City are very clearly and plainly
set forth in the City's Land Use Ordinance, Comprehensive Plan and
Transportation Plan. Each of these documents has been adopted following
exhaustive review by citizen groups, committees and commissions. The City's
direction and obligation regarding development of streets does not foster the
continued use of dirt of gravel surfaced streets.
(3) The proposed pavement of roads and sidewalks would significantly increase
the amount of black and paved surface along our street, which has several
negative (and cumulative city-wide) environmental impacts. It would
. Significantly increase absorbed heat and ambient temperature in our
neighborhood in the hot summer months; reduce ambient moisture;
· Add to sue of power and water for cooling and gardening; and
· Increase the amount of runoff and reduce the local groundwater.
To leave the road unpaved would help in maintaining a cooler and more moist
environment, for humans, animals and plants alike, and in maintaining
groundwater levels. The more natural our environment, the healthier, and the less
we contribute to environmental degradation.
The above statement is an example of a scientific conclusion made without
evidence or supporting documentation. There is basically nothing natural about a
dirt street. It is much more detrimental to the environment than is a paved one as
it is impossible to control the amount of soil erosion which enters the streams via
the storm drain system. The nature of the common granitic soils of this area is that
they can be densely compacted, but are susceptible to constant surface erosion.
The street proper becomes so densely compacted by constant traffic that runoff is
nearly equal to a normal paved street and more so than a porous pavement. The
steep grades of the Schofield area add to a quick and high runoff coefficient.
ENGINEERING DIVISION Tel: 541/488-5347
20 E. Main Street Fax: 541/488-6006 _...
Ashland OR 97520 TTY: 8001735-2900 ....;. ~
www.ashland.or.us
G:lpub-wrkslengldept-admin\ENGINEER\PROJECT\2005~ Response to public letters memo to Council 3 07.doc
Runoff on Schofield Street has become so problematic that we have had to
construct a complete storm drain system to control the constant erosion and
rutting. Without a piped storm system we would find that the drainage ditch
would soon erode to a depth of several feet; all of which would be deposited in
downstream watercourses. Because of compacted surfaces and steep grades, very
little water is being retained on site.
The color of the surface has less impact on heat retention than does the density of
the material. For instance a stone or boulder retains heat longer than does loose
soil and compacted soil retains heat longer than does loose soil. Asphalt concrete
pavement can have a very similar density to compacted decomposed granite. We
are unaware of any scientific study comparing heat retention and dissipation of
asphalt pavement and decomposed granite.
(4) Paving this steeply inclined road would add to the occurrence offrozen icy
surfaces on cold days and nights in winter, making the street more frequently
undrivable - which greatly inconveniences the residents as well as service
vehicles such as postal and delivery trucks. police and utility vehicles. I was told
that this has been a.major problem on Strawberry Lane which was paved in
recent years, and other hilly streets. Similarly, paved sidewalks would pose an icy
hazard.
Paving does not make a steep street less safe during the winter months, in fact we
hove found the opposite to be true. We have found paved streets to be safer in
both summer and winter for the following reasons:
. The fine-grained granitic soils that comprise most of Ashland's unpaved
streets are very susceptible to surface raveling. A thin layer of this loose
material is generally present on the surface which can be extremely
slippery, especially in dry conditions, and is even worse for pedestrians.
This surface can also become slick in wet weather.
. Paved streets are much easier to plow. The firm surface allows the plow to
rest directly on the street surface for better snow removal. Because of the
rougher surface condition of unpaved streets, it is usually impossible to
remove the last 1 to 2" of snow.
. Drainage ditches are especially hazardous in snow and ice conditions
where many cars tend to slide into the ditch where it is often impossible to
get out without considerable effort. Paved streets have no drainage ditches
and instead use curbs to control runoff. These curbs also help to keep a
sliding vehicle within the street proper.
. Snow and ice tends to melt more rapidly from asphalt paved surfaces. It is
also possible to apply de-icers to paved streets to prevent ice build-up
which is not possible on unpaved surfaces.
. The use of porous pavements, which we are looking into for the steeper
section of Schofield Street. have several additional benefits. These open
ENGINEERING DIVISION Tel: 541/488-5347
20 E. Main Street Fax: 541/488-{i()()6 ~ 11
Ashland OR 97520 TTY: 800/735-2900 :" -. ~
www.ashland.or.US
G:\pub-wrltsleng\dept-adminIENGINEERIPROJECT\2OO5\O!Hl8 Response to public letters memo 10 Council 3 07.doc
graded pavements allow water to pass through the surface to the
underlying rock base. Porous material also provides a rougher surface with
better traction and skid resistance; eliminates rain water flow over the
surface as water is allowed to permeate through the pavement mix; and
allows for quick dissipation of surface water that reduces ice buildup.
(5) Paving could encourage more traffic and higher speeds on this residential
hilly street with quite a few young children residents.
We have found no evident to substantiate this claim. We generally find that in
residential streets that are not collector streets the traffic patterns are well
established and rarely change after paving. On steep unpaved streets we find that
traffic often travels faster before paving as drivers strive to maintain traction of
the loose surface.
(6) The proposed installation of sidewalks on'our street is absurdly unnecessary.
What little foot traffic there is now is from people walking leisurely in
appreciation of the increasingly rare natural environment.
Sidewalks are required on all street projects whether they be new streets or paving
of unimproved existing streets. With the exception of the Tolman Creek LID,
sidewalk installations have been adamantly opposed by citizens on every LID for
the past ten years. Sidewalk construction conforms to the adage that, "If you build
it, they will use it." There is nothing that provides for the safety of pedestrians as
well as sidewalks. For years pedestrian needs were ignored as the nationwide
trend in the 1940s to 1960s was to provide for vehicular traffic only. Weare now
finding ourselves in a position of needing to retrofit streets with sidewalks years
after their initial construction; a condition resulting in much more expensive
installations. The City is committed to provide equal opportunities and benefits to
all modes of travel.
(7) Any problematic issues such as dust raised by trafJic can be addressed in'
much less costly and much more environmentally friendly ways, such as applying
natural substances to the road periodically, spreading wood chips or other
organic matter. Some of these approaches have probably not been considered,
some of them have been used successfully in limited ways in the past, come of
them may be newly developed technologies, and all of these approaches can
certainly be looked into and applied in a systematic way to fully address the
problems. Once the pavement is put in, there's no taking it out.
Dust palliatives, which generally consist of Lignon Nitrates or Sulfates, can be
applied as a temporary dust control measure. Unfortunately these DEQ approved
treatments ore only temporary as they are water soluble. The first heavy rain
shower will wash the treatment into the storm system and on into our streams.
ENGINEERING DIVISION
20 E. Mail Street
Ashland OR 97520
www.ashland.or.us
Tel: 541/488-5347:Fax: 541/~
TTY: 800/735-2900
rA'
G:\pub-wr1<sleng\dept-adminIENGINEERIPROJECT\2005\05-08 Response to public letters memo to Council 3 07.doc
(8) Finally. and very significantly. to spend the amount of money requiredfor this
project would be. I believe. extremely irresponsible - given the context of current
and recent cutbacks in services. and the urgent need for funds for far more
important priorities - the library. schools. fire and police departments. etc. It is
incumbent upon us to allot our financial resources - both public and private - to
address these needs.
There are always demands for the public dollar and capital improvements plans
are developed to help meet those demands. As with any private household, cities
must develop budgets to meet all of its needs. In the case of street paving the cost
of long term and continued maintenance must also be measured in the balance
between paved and unpaved streets. Once a street is paved, maintenance costs
drop to near zero for the first 10 to 15 years. The life expectancy for a paved street
is at least 25 years with many lasting more than 50 years.
5. Petition
The former owner of391E05BA 1802, Kendal Clarke, who was one of the original
signers of the petition recently sold to Teresa McCants. Ms. McCants is also in favor of
the project and has singed the petition as well. A copy of the petition is attached.
6. Summary
As of this date the following lots have indicated support of the LID:
a. 391E05BA 1802 Units (1)
b. 391E05BA 1803 Units (1)
c. 391E 05BA 2100 Units (1)
d. 391E05BA 2101 Units (1)
e. 391E05BD 203 Units (1)
f. 391E05BD 301 Units (2)
g. 391 E05BD 500 Units (I)
h. 391 E05BD 50 I Units (1)
Total Units 9
The following lots have indicated opposition to the LID:
a. 391E05BA 2000 Units (4)
b. 391E05BD 100 Units (1)
c. 391E05BD 102 Units (I)
d. 391 E05BD 103 Units (I)
e. 391E05BD 201 Units (1)
f. 391E05BD 300 Units (1)
g. 391E05BD 304 Units (I)
Total Units 10
Eight owners representing 9 assessment units are in favor, seven owners representing 10
assessment units are opposed. All owners within the assessment district, with the
exception of the City, have recorded votes on this LID.
ENGINEERING DIVISION
20 E. Main Street
Ashland OR 97520
www.ashland.or.us
Tel: 5411488-5347
Fax: 541/488-r006
TTY: 800/735-2900
r~'
G:\pub-wrksleng\dept-admin\ENGINEER\PROJECn2005lO5~ Response 10 public Iettels memo kl Council 3 07.doc
I _ support ~bject the Schofield/Monte Vista LID as proposed.
Date: /r-;a/J ~ 1 . 2007
1J~ A1
--:J~C /A~~ignature
~ """1 fi. D t, rT .,>0 Printed Name
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Signature
Printed Name
I _ support / object the SchofieldIMonte Vista LID as proposed.
Date: 11 CU ~t.. 2.~. 2007
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Signature
Printed Name
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I ~ support ~ object the Schofield/Monte Vista LID as proposed,
Date: -3 -,L j ,- , 2007
l I') ~,. ..' .
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Elt.~... ~ d J-~ it lJ~ 't.t..' '-5 ki- 'Printed Name
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Second Property Owner:
J ~1f 0.' W-1iXPA-tL....A ~ Signature
~u. 0 " -\:\r.. L, ~ n t k fI \,u S 1< \ I Printed Name
I _ support ~object the Schofield/Monte Vista LID as proposed.
Date: .~ . ;! ::l- .2007
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"ar ~a U~ ua:u~p Tn~ Maln Sourc~ 1 ~41 4UU l'~~
I SUpport ){ _obj~ the Schofic1dlMOll1e Vista un as proposed.
Dale: ] /~.__ -> 2007
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ro~~c4 Name
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I _ support X object the Schofield/Monte Vista LID as proposed.
Date: -3/~ 7 J 0 '{2007
I I
'f}1~ma~ignature
Mf\ R<tItIZET fv11l1J1J Printed Name
10 I
Tax Lot
Second Property Owner:
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Signature
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I ~ support ~ object the SchofieldIMonte Vista LID as proposed.
Date: .~ 1-1. "i
. 2007
, ) -
1-1,'vJ~H< (,d...,-( ~C{..{ cl-t,i..,TC" Signature
, 1.0 Sf IH a Ill'; Cntf-JJi/A)t) Printed Name
-300 Tax Lot
Second Property Owner:
?s~~ture
1-/. /L-I tt rl J M~ L Printed Name
I _ support v/object the SchofieJdlMonte Vista LID as proposed.
Date: ,5/.;13 . 2007
I
,Jh U l' (V~,?l1 ~)f:lsignature
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Second Property Owner:
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RECEIVED
To: City Council Members and Mayor
MAR r 0 "007
From: Austin Brayfield
400 Monte Vista Drive
City of Ashland
Date: March 29, 2007
Re: Monte Vista/Schofield Proposed LID
I live on the comer of Monte Vista and Schofield and love the character of this
neighborhood. My late husband and I bought this property about 20 years ago after
looking for months for a home close to downtown but that had a relaxed, natural,
country-lane feeling. We wanted a home in a neighborhood that had some individuality.
Frankly, the house was so-so, but the unpaved roads and the natural look of the area sold
us. I can't tell you how often fast-time visitors to my home exclaim how wonderful and
"hidden" the area is. And these visitors are usually from Ashland . Some of us don't
want our neighborhood to look like every other neighborhood. The city of Ashland
should foster this individuality~ it's an important ingredient for a vital community. There
are still buyers who wantthat special-feetin-g:- Infact;a-1rouseonmy-stl'eet"WaSsold-only
last week and the new owners do not want the streets paved and oppose the LID.
The argument that paved streets and sidewalks increase the value of one's
property depends on the buyer. If one is buying a house for investment only, maybe
that's important; but for others who want to make a home and have their surroundings
give them comfort, if s a moot point. I ask you to preserve some individuality in our town
and rethink not only the paving of Monte Vista/Schofield but also the meager 10 or SO
miles of remaining unpaved roads.
Another consideration: the more paving, the hotter it gets. Granted it's not much,
but why do we need to add even a little to the global warming problem by laying down
more asphalt or cement?
The two houses that are at the top of Schofield and of Monte Vista apparently
have a problem with debris after heavy rains. With a little creative thinking and
engineering couldn't we solve that problem with a portion of the estimated $387,000?
The same goes for the dust during dry months. We spray the streets once in the summer.
We could do that as often as necessary to abate the dust and still not use $387,000. And
perhaps there's a more effective spray to use.
Lastly, it is fiscally irresponsible for the city and residents to spend $387.000 at
this time with the library closing, the huge AFN and Water Treatment Plant debts
confronting us. Please consider priorities.
Thank you for your consideration.
aJ~ ~/p~
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March 28, 2007
CITY OF
ASHLAND
Margaret Mann
434 Monte Vista Street
Ashland OR 97520
RE: PROPOSED PAVING OF MONTE VISTA I SCHOFIELD STREET
Dear Ms. Mann,
Thank you for your letter of March 23, 2007 regarding the proposed paving of
Schofield and Monte Vista Street. I am sorry to hear of your husband's
condition, but I appreciate you letting me know about his need to travel for
dialysis. O~r street division maintains a list of similar situations where access is
extremely critical. This list receives priority treatment for snow and ice removal
during winter months and we can assist when needed in providing safe access
to North Main Street. It would be very helpful if we could receive a copy of your
husband's dialysis schedule so that we can strive to keep access available on
those days. This will also be important information if the street is improved.
Your concerns regarding the paving of Schofield Street and Monte Vista Street
are common and understandable. As you are aware, Ashland is a city of steep
grades. There are over 50 streets with grades in excess of 18% and 20 streets
with grades steeper than 20%. All but five of those steep streets are paved.
Over the years we have learned that paved streets are much safer in both
summer and winter. Some of the reasons for this are:
. The fine-grained granitic soils that comprise most of Ashland's unpaved
streets are very susceptible to surface raveling. A thin layer of this loose
material is generally present on the surface which can be extremely
slippery, especially in dry conditions, and is even worse for pedestrians.
This surface can also become slick in wet weather.
. Paved streets are much easier to plow. The firm surface allows the plow
to rest directly on the street surface for better snow removal. Because of
the rougher surface condition of unpaved streets, it is usually impossible
to remove the last 1 to 2" of snow. .
. Drainage ditches are especially hazardous in snow and ice conditions
where many cars tend to slide into the ditch where it is often impossible
to get out without considerable effort. Paved streets have no drainage
ditches and instead use curbs to control runoff. These curbs also help to
keep a sliding vehicle within the street proper.
Engineering
20 E. Main Street
Ashland. Oregon 97520
www.ashland.or.us
Tel: 541/488-5347
Fax: 541-/488-6006
TTY: 8001735-2900
~~,
G:\pub-wrkS\eng\dept-admin\ENGINEER\PROJECT\2005\05-08Itr to Mann re access issues 307.doc
---rr.---
. Snow and ice tends to melt more rapidly from asphalt paved surfaces. It
is also possible to apply de-icers to paved streets to prevent ice build-up
which is not possible on unpaved surfaces.
On the steeper sections of Schofield Street a new product called "porous
pavement" is proposed. Porous pavement is a very open graded pavement
which allows water to pass through the surface to the underlying rock base.
This has several advantages including: providing a rougher surface with better
traction and skid resistance; eliminating of rain water flow over the surface as
water is allowed to permeate through the pavement mix; and quick dissipation
of surface water that reduces ice buildup.
Paving of city streets is the right thing to do from a safety, budgeting and
environmental perspective. With increasingly tighter governmental controls,
unpaved streets are rapidly becoming a thing of the past.
I look forward to receiving your husband's dialysis schedule soon. If I can be of
any further assistance, please feel free to call at 488-5347.
Sin~ &J[L _
();:mes H. Olson
City Surveyor I Project Manager
cc: Paula Brown
John Peterson
Engineering
20 E. Main Street
Ashland. Oregon 97520
www.ashland.or.us
Tel: 541/488-5347
Fax: 541-/488-6006
TTY: 8OOn35-2900
r.,
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJEC1\2005\05-08 Itr to Mann re access issues 3 07.doc
445 Schofield Street
Ashland. OR 97520
freshsprina@amail.com
4824802
March 28. 2007
To Ashland Mayor John Morrison, Ashland City Council Members:
I am a resident at 445 Schofield Street, along the proposed road improvement project. I am opposed to the
proposed "road and sidewalk improvements. for several signifICant reasons, ranging from aesthetic to
environmental to fiscal prioritization:
1.) One of the things that makes this street so nice is the natural feel and appearance, due to the natural
vegetation, the unpaved road, and the lack of sidewalks.
2.) We need to do whatever we can to foster and maintain the uniqueness and diversity of streets within
Ashland and of Ashland as a whole. Do we really want to become another cookie-cutter community,
and to force each neighborhood to conform to the average American model of manicured, paved-over,
squared-off surfaces? Let's find another way to address our neighborhoods.
3.) The proposed pavement of roads and sidewalks would significantly increase the amount of black and
paved surface along our street, which has several negative (and cumulative city-wide) environmental
impacts. It would
. significantly increase absorbed heat and ambient temperature in our neighborhood in the
hot summer
months; reduce ambient moisture;
. add to use of power and water for cooling and gardening; and
. increase the amount of runoff and reduce the local groundwater.
To leave the road unpaved would help in maintaining a cooler and more moist environment, for humans,
animals and plants alike, and in maintaining groundwater levels. The more natural our environment, the
healthier, and the less we contribute to environmental degradation.
4.) Paving this steeply inclined road would add to the occurrence of frozen, icy surfaces on cold days and
nights in winter, making the street more frequently undrivable - which greatly inconveniences the
residents as well as service vehicles such as postal and delivery trucks. police and utility vehicles. I was
told that this has been a major problem on Strawberry Lane which was paved in recent years, and other
hilly streets. Similarly, paved sidewalks would pose an icy hazard.
5.) Paving could encourage more traffic and higher speeds on this residential hilly street with quite a few
young children residents.
6.) The proposed installation of sidewalks on our street is absurdly unnecessary. What little foot traffic
there is now is from people walking leisurely in appreciation of the increasingly rare natural environment.
7.) Any problematic issues such as dust raised by traffIC can be addressed in much less costly and much
more environmentally friendly ways, such as applying natural substances to the road periodically,
spreading wood chips or other organic matter. Some of these approaches have probably not been
considered, some of them have been used successfully in limited ways in the past, some of them may
be neWly developed technologies, and all of these approaches can certainly be looked into and applied
in a systematic way to fully address the problems. Once the pavement is put in, there's no taking it out.
8.) Finally, and very significantly, to spend the amount of money required for this project would be, I
believe, extremely irresponsible - given the context of current and recent cutbacks in services, and the
urgent need for funds for far more important priorities - the library, schools, fire and police departments,
etc. It is incumbent upon us to allot our financial resources - both public and private - to address those
needs.
In summary, the proposed changes to Schofield Street and Monte Vista Drive are both unnecessary and fiscally
and environmentally irresponsible; they would degrade the aesthetics of our uniquely natural and beautiful
streets and subvert the priorities we need to uphold. Any possible problems the unpaved roads pose in terms of
dust or driveability should be addressed in an alternative, comprehensive way rather than by making the
proposed destructive, irreversible changes. Let us honor the values that Ashland represents to its residents and
to the thousands of people who visit here every year, and find another solution - for our climate, for our
connection with nature, for education, libraries and public safety. If we're to spend $387,000 as a community,
let's put that money where it rightly belongs.
Yours truly,
Yehudit Platt, L.Ac.
~,,---y
PETITION FOR STREET IMPROVEMENT
LOCATION: MONTE VISTA & SCHOFIELD STREET
DATE: -.:s- /"3(")/ /')6
RECEIVED BYTHE CITY ENGINEER:
NOTICE TO PETITIONERS: Persons signing this petition must be legal owners of record, or purchasers
in possession under a recorded land sale contract of real property abutting the proposed street
improvement. If title to any parcel of property is in the name of two or more persons, all must sign.
Petitioners should sign using their names as they appear on the records of ownership.
TO THE HONORABLE MAYOR AND COMMON COUNCIL OF THE CITY OF ASHLAND:
We, the undersigned owners of record of real property in the City of Ashland, Jackson County, Oregon,
hereby petition that:
All of the remaining unimproved sections of Monte Vista Street and Schofield Street to be.improved with
curbs, gutters, paving, sidewalks and drainage control features inu.accordance with plans and
specifications therefor as shall be adopted by the City of Ashland and the cost of such paving and
improvements be assessed upon the real property benefited thereby and that we are the owners of the
real property fronting (or benefiting) on said street.
Tax Lot
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CITY OF
ASHLAND
Council Communication
A Resolution Transferring Appropriations Within the 2006-2007 Budget
Meeting Date: April 3, 2007
Department: Administrative Services
Contributing Departments:
Approval: Martha Bennett
Primary Staff Contact: Lee Tuneberg f;'ia...
E-mail: tuneberl@ashland.or.us
Secondary Staff Contact:
E-mail:
Estimated Time: 10 Minutes
Statement:
Appropriation transfers totaling $209,200 are proposed to comply with Oregon Budget Law.
Transfers are needed in the Telecommunications and Central Service funds to adjust for
changes in costs during the year that occurred after the FY 2006-2007 budget was adopted.
Staff Recommendation:
Staff recommends approval of the attached resolution.
Background:
There are three ways in which to change appropriations after the Budget is adopted.
1. A transfer of appropriations decreases an appropriation and increases another. This is
the simplest budget change allowed under Oregon Budget law. This does not
increase the overall budget. This is approved by a City Council resolution.
2. A supplemental budget of less than 10 percent of total appropriations within an
individual fund follows a process similar to the transfer of appropriations. This process
includes a notice in the paper prior to Council taking action.
3. A supplemental budget in excess of 10 percent of total appropriations requires a
longer process. This process includes a notice in the paper and a public hearing prior
to the council taking action.
A transfer of appropriations (Item #1 above) is needed to adjust the FY 2006-2007 budget for
the following reasons:
1. A Transfer of $100,000 will be needed from Customer Relations/Promotions to Cable
Television within the Telecommunications Fund. The FY 2006-2007 adopted budget
assumed that the City would be finished with the transition out of the Cable Television
business by December 2006. This transition took longer than anticipated resulting in
higher programming costs associated with operating Cable Television. The Customer
Relations/Promotions division budget has adequate appropriation to transfer the
$100,000 to Cable Television.
2. A Transfer of $34,200 will be needed from Central Service Fund Contingency to the
Administration Department Legal Division. The unexpected departure of the City
r~'
Attorney and the unknown need of outside legal counsel at the time of adopting the FY
2006-2007 budget has caused the need for a Transfer of Appropriation.
3. A Transfer of $75,000 will be needed from Central Service Fund Contingency to the
Administrative Services Department, Human Resource Division. The Human Resource
Division has had 22 recruitment processes to date this year that includes two
Department Head recruitments handled by professional recruitment firms. Recruitment
costs for the Community Development Director and Police Chief combined exceed the
adopted budget for this Division. Also, this transfer helps pay for increased staffing
costs to meet this workload and the need for outside legal counsel relating to labor
contract negotiations and employment contract review.
This is the second transfer of appropriations request for FY 2006-2007.
Attached is a resolution for your approval. The recommended changes in the budget are
explained after each request.
Related City Policies:
None
Council Options:
Council may accept this transfer of appropriations as presented, recommend modifications as
discussed or defer acceptance (takes no action) awaiting further information or clarification.
Potential Motions:
Council moves to adopt the transfer of appropriations resolution, amending the FY 2006-2007
budget.
Attachments:
Resolution transferring appropriations within the 2006-2007 Budget
rj.'
RESOLUTION NO. 2007-
A RESOLUTION TRANSFERRING APPROPRIATIONS
WITHIN THE 2006-2007 BUDGET
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1.
Because of the circumstances stated below, the Mayor and City Council
of the City of Ashland determine that it is necessary to transfer
appropriations as follows:
Telecommunications Fund
To: Cable Television- Materials & Services
From: Customer Relations/Promotions- Materials & Services
$100.000
$100,000
To Transfer appropriations from Customer RelationslPromotions to Cable Television.
This is necessary due to higher programming costs associated with operating Cable
Television longer than anticipated.
Central Service Fund
To: Administration Department-Legal Division
From: Central Service Fund - Contingency
$34.200
$34,200
To Transfer appropriations from Central Service Fund - Contingency to Administration
Department- Legal Division. To cover expenses for outside and contract legal services.
Central Service Fund
To: Administrative Services Department-HR Division
From: Central Service Fund - Contingency
$75.000
$75,000
To Transfer appropriations from Central Service Fund - Contingency to Administrative
Services Department- Human Resource Division. To cover expenses for recruitment,
staffing, and outside legal counsel.
SECTION 2. This resolution takes effect upon signing by the Mayor.
This resolution was read by title only in accordance with Ashland Municipal Code Section
2.04.090 duly PASSED and ADOPTED this _ day of April, 2007:
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of April, 2007:
Reviewed as to form:
John W. Morrison, Mayor
Michael W. Franell, City Attorney
CITY OF
ASHLAND
Council Communication
AN ORDINANCE AMENDING SECTIONS 10.30.005,10.30.020 A.
AND 10.30.030 A. OF THE ASHLAND MUNICIPAL CODE
ADDRESSING OUTDOOR BURNING AND REQUIRE-
MENTS FOR PERMITTED FIRES.
Meeting Date: April 3. 2007
Department: Fire
Contributing Dep.artments:
Approval: /.
Primary Staff Contact: Margueritte Hickman
E-mail: hickmanm@ashland.or.us
Secondary Staff Contact: Keith Woodley
E-mail: woodleyk@ashland.or.us
Estimated Time: 30 minutes
Statement: During the September 19,2006, City Council meeting, the Department of Environmental
Quality made a presentation regarding the concern for the levels of particulate matter throughout the
County and requested that the City of Ashland consider a ban on open burning. At this time, City
Council requested staff to return with an ordinance which would ban open burning. On March 6, 2007,
staff returned with proposed amendments to the Ashland Municipal Code to modify the burning
ordinance. The City Council approved option number one which would allow open burning for the
prevention of wildfire hazard and noxious weed abatement activities, and prohibits all other open
burning. This ordinance is ready for second reading at this meeting. Because of the discussion of the
ordinance on March 20,2007, staffhas added to the possible options and has prepared a new draft
ordinance which could be brought to the April 17 , 2007, City Council meeting.
Background: Ashland Municipal Code 10.30 establishes Controls on Open Burning, which are
enforced by the City's Fire Marshal. The current ordinance prohibits burning throughout the year
except from March 1 until the beginning of fire season and in the fall from the end of fire season for
two weeks. Fire Season typically begins between May 15 and June 1 and ends about mid-October.
The burning of dry, woody debris is permitted in a person's backyard and for the purposes of forest
fire fuel reduction. Products allowed to be burned under the open burning ordinance are limited to dry,
woody debris and prohibits stumps, leaves and grass. Burning of products that are the result of land
clearing for development is not permitted. A permit from Ashland Fire & Rescue is required for any
open burning after an inspection of the burn site and materials, pile size is limited and specific fire
safety measures are required to be implemented. Burning is only allowed to occur on a day when the
Jackson County Ventilation Index is greater than 400.
A survey of debris burning for the last three years indicates that the number of permits being issued
annually is decreasing. Based on the number of permits issued over the last few years, it appears that
homeowners are using other disposal methods for yard debris.
YEAR
2004
# of Permits
Issued
138
r.l1
2005
2006
112
90
Approximately 90% of the permits are issued in the spring and approximately 70% of the permittees
use their permit. About half of the permits issued are on land in the wildfire hazard zone.
While chipping woody debris is recommended as an alternative to burning, there are some properties
where accessing the property with a chipper on site would be impractical if not impossible. Over the
past five years, of the 190 acres of land that were treated for wildfire fuels reduction, 137 acres or 71 %
of the lands that were treated were inaccessible to a chipper. On these lands, bum permits were issued
to help reduce the fire hazard. DEQ's open burning restrictions do not apply to fires permitted for the
prevention or elimination of a fire hazard.
A draft ordinance was presented to the Forest Lands Commission. The Commission agreed with the
wildfire mitigation strategies ofthe proposed burning ordinance and suggested that burning of noxious
weeds be included in the permitting process. Prescribed fire is an effective tool not only for reducing
wildfire fuel loads, but for maintaining the ecological resiliency of our forests. Fire has an important
role in the health of forest ecosystems through recycling of nutrients, reducing competition, and
inhibiting disease.
Burning can be an important tool to eliminating the seeds of noxious weeds and plants, and DEQ's
open burning restrictions allow burning for official weed abatement activities. In some circumstances,
it would be impractical to use other methods of weed removal. For example, hand-pulling a field of
star thistle may be impractical; however the burning of the standing star thistle would prove efficient
and effective. While permits have been issued infrequently in the past for noxious weed burning, a
$30,000 grant application has been submitted to aggressively approach noxious weed abatement in the
City of Ashland.
Ashland Fire & Rescue currently requires permits for any activity which requires the use of an open
flame with the exception of freestanding barbecues, designated campfire rings in Lithia Park, and
outdoor fireplaces meeting the specifications of Ashland Fire & Rescue. Examples of permits issued
include fire dancing, North Mountain Park Salmon Bake, sweat lodges, candlelight vigils, campfires
for public events, and religious or ceremonial events. The proposed ordinance included with this
council communication does not include changes in these activities.
The attached ordinance presented for second reading prohibits all open burning except for the purpose
of wildfire fuel reduction and noxious weed abatement activities as reflected in Option 1 below. This
ordinance could be approved this evening.
The attached ordinance labeled DRAFT ORDINANCE - OPTION 6 provides an option that could be
scheduled for first reading at the April 17, 2007, City Council meeting. This draft ordinance does not
change meaning of the ordinance which is ready for second reading, but inserts the word "Prohibited"
in place ofthe word "Restricted." This ordinance would have the same results as Option 1 below.
Related City Policies:
AMC 10.30 - Controls on Open Burning
Oregon Fire Code adopted by AMC 15.28
r.,
Council Options:
Staff proposes the following six options for the Council's consideration:
Option #1 Prohibits open burning except for Wildfire Fuel Reduction & Noxious Weed
Abatement City Wide.
Prohibit all open burning except for the purpose of wildfire fuel reduction and noxious weed abatement
throughout the City of Ashland. Burning of trimmed branches from landscaping or other materials
would be prohibited.
This option would allow the city to continue to meet wildfire fuel reduction goals on lands not
conducive to a chipper to take any necessary noxious weed abatement strategies throughout the city.
Option #2 Prohibits open burning city wide except for Wildfire Fuel Reduction & Noxious
Weed Abatement in the Wilfire Hazard Zone only.
Prohibit all open burning throughout the City, except in the Wildfire Hazard Zone for the purpose of
wildfire fuel reduction and noxious weed abatement. Burning of trimmed branches from landscaping
or other materials would be prohibited.
This option would allow the city to continue to meet wildfire fuel reduction goals on lands not
conducive to a chipper to take any necessary noxious weed abatement strategies in the Wildfire
Hazard Zone only. This may reduce the ability to maintain wildfire fuel reduction and weed abatement
strategies outside the Wildfire Hazard Zone.
Option #3 Prohibits open burning city wide except for Wildfire Fuel Reduction in the
Wildfire Hazard Zone and except for Noxious Weed Abatement city wide.
Prohibit all open burning throughout the City, except in the Wildfire Hazard Zone for the purpose of
wildfire fuel reduction and except for noxious weed abatement throughout the City. Burning of
trimmed branches from landscaping or other materials would be prohibited.
This option would allow the city to continue to meet wildfire fuel reduction goals on lands not
conducive to a chipper. This option would also allow the City to implement any necessary noxious
weed abatement strategies throughout the City. This may reduce the ability to maintain wildfire fuel
reduction outside the Wildfire Hazard Zone.
Option #4 Prohibits open burning city wide with no exceptions for fuel reduction or noxious
weed abatement.
Prohibit all open burning throughout the City of Ashland with no exceptions. This would prohibit the
burning of branches from backyard trimmings, wildfire fuel reduction, and noxious weed abatement
throughout the City.
This option would challenge the City's ability to continue to meet wildfire fuel reduction and noxious
weed abatement strategies throughout the City.
Option #5 Prohibits open burning except for Wildfire Fuel Reduction & Noxious Weed
Abatement City Wide - Requires First Reading at a later date.
This option changes the word restricted to prohibited, and would require noticing and a first reading at
a later date. This prohibits all open burning except for the purpose of wildfire fuel reduction and
noxious weed abatement throughout the City of Ashland. Burning of trimmed branches from
landscaping or other materials would be prohibited. The results of this option are the same as Option
1, but changes the terminology.
This option would allow the city to continue to meet wildfire fuel reduction goals on lands not
conducive to a chipper to take any necessary noxious weed abatement strategies throughout the city.
r.l'
Option #6 Implement no change from the current practice.
The current ordinance allows the burning of woody debris from an individual's yard, and for the
purpose of wildfire fuel reduction and noxious weed abatement throughout the City of Ashland. Grass
and leaves are not permitted to be burned.
Staff Recommendation:
Staff recommends the adoption of Option # 1. This allows the City of Ashland to meet the request of
the DEQ, remains consistent with Fire Department & Forest Lands Commission goals to reduce
wildfire hazard, promotes noxious weed abatement strategies and continues the direction of the City
Council to the fire department earlier this year to address fire prevention measures which allow for a
safer community.
Potential Motions:
Motion to approve second reading of AN ORDINANCE AMENDING SECTIONS 10.30.005,
10.30.020 A. AND 10.30.030 A. OF THE ASHLAND MUNICIPAL CODE ADDRESSING
OUTDOOR BURNING AND REQUIREMENTS FOR PERMITTED FIRES.
Attachments:
. An Ordinance Amending Sections 10.30.020 A. And 10.30.030 A. of The Ashland Municipal Code
Addressing Outdoor Burning And Requirements For Permitted Fires
. Current Ordinance - AMC 10.30 - Controls on Open Burning
. DRAFT - Option 6 - AMC 10.30 - Controls on Open Burning
. Oregon DEQ Website
. Wildfire Hazard Zone Map - East side & West side
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Oregon DEQ Air Quality: Open Burning: Breathe Easier - Learn Not to Burn
10~1[0
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D Enforcement
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Page 1 of3
--I
!xl !xl !xl
Home> Air Quality> Burning and Smoke
tnformation > Open Burning
Open Burning
The air pollution created by open
burning can irritate eyes and lungs,
obscure Vi$ibility, soil nearby surfaces,
create annoying odors or pose other
nuisance and health threats. Because
of the problems created by this activity,
open burning is restricted in selected
parts of the state based on population
growth and availability of alternatives. If
you choose to burn, you are
responsible for any fire, smoke or odors
created from open burning and for any
damage that results from your fire.
To find out how open burning is
restricted in your area, choose your
county from the list below.
Baker LSljbmit I
!xl !xl Contact
~
I
1_
Report Illegal burning
You can report illegal
burning activity by
calling your local DEQ
office or in Lane
County the Lane
Regional Air Pollution
Control Authority at
(541) 726-1930.
Cities, counties and local fire districts also have their own
restrictions on open burning. Always check with your local fire
department before you burn.
Choose Alternatives to Open Burning
. Recycle paper products whenever possible
. Dispose of waste at your local landfill rather than burn it
. Yard debris, including grass, leaves and branches can be
composted or mulched
. Reuse old lumber whenever possible
Situations Where Open Burning is Allowed
The following types of fires are not restricted by DEQ:
. Recreational fires and ceremonial fires where a fire is
file://C:\Documents and Settings\shipletd\Local Settings\Temp\Oregon DEQ Air Quality... 3/28/2007
Oregon DEQ Air Quality: Open Burning: Breathe Easier - Learn Not to Burn
Page 2 of3
appropriate and is not used for disposal purposes
. The operation of barbecue equipment
. Fires set or permitted by a public agency for official duties
associated with weed abatement, prevention or elimination of
a fire hazard, a hazard to public health or safety or the
instruction of employees in the methods of fire fighting
. Fires set for instruction of employees of private industrial
concerns in methods of fire fighting or civil defense
instruction
. Fires set for the disposal of dry tumbleweed plants that have
been broken off, and rolled about, by the wind
. Fires set to burn waste associated with an agricultural
operation. An agricultural operation is defined as an activity
that involves the raising, harvesting or selling of crops,
livestock or poultry or their produce. The activity must either
show a profit or intend to show a profit to qualify.
. Burning for agricultural disease or pest control when
authorized by the Oregon Department of Agriculture.
. Burning of carcasses of animals that have died or been
ordered destroyed because of an animal disease emergency
Burn Smart
Use good burning practices to promote efficient burning and
prevent excessive smoke:
. Assure that all combustible material is dried to the extent
practicable. This includes covering the combustible material
when practicable to protect the material from moisture
including precipitation or dew.
. Loosely stack or windrow the combustible material to
eliminate dirt, rocks or other noncombustible material and to
promote an adequate air supply to the burning pile.
. Periodically restack or feed the burning pile to ensure that
combustion is robust and completed efficiently.
Open Burning Definition
Open burning is defined in OARm340-2134-0030 as:
. Burning in open, outdoor fires;
. Burning in burn barrels;
. Burning in incinerators that do not meet the emission
limitations specified for solid and infectious waste
incinerators in OAR 340-230-0100 through 340-230-0150;
and
. Any other outdoor open burning where combustion air is not
effectively controlled and combustion products are not
effectively vented through a stack or chimney
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Oregon DEQ Air Quality: Open Burning: Breathe Easier - Learn Not to Bum
Page 3 of3
DEQ Online is the official Web site for the Oregon Department of Environmental
Quality.
If you have questions or comments, please contc:lctJJ$.
file://C:\Documents and Settings\shipletd\Local Settings\Temp\Oregon DEQ Air Quality ... 3/2812007
CURRENT
ORDINANCE
CHAPTER 10.30
CONTROLS ON OPEN BURNING
SECTIONs:
10.30.005 Definitions.
10.30.010 Outdoor and Indoor Burning Restricted.
10.30.020 Period When Outdoor Burning is Authorized.
10.30.030 Requirements for Permitted Fires.
10.30.040 Permits Required.
10.30.050 Enforcement and Penalties.
SECTION 10.30.005 Definitions.
The following words and phrases whenever used in this chapter shall be construed as defined in this
section unless from the context a different meaning is intended.
A. "Fire Chief' means the City of Ashland Fire Chief or the Chiefs representative.
B. "Campfire" means any fire for cooking located outside of a building or recreational vehicle.
C. "Outdoor fire" includes any fire except a fire for cooking.
D. "Person in charge" means a person or a representative or an employee of a person who has lawful
control of the site of the fire by ownership, tenancy, official position or other legal relationship.
E. "Ventilation index" means the National Weather Service's indicator of the relative degree of air
circulation in the Rogue Valley.
SECTION 10.30.010 Outdoor and Indoor Burning Restricted.
A. No person shall start or maintain any outdoor fire except as authorized in this chapter.
B. No person in charge shall cause or knowingly allow any outdoor fire to be started or maintained on
any part of such premises, except as authorized in this chapter.
C. Except for religious fires, any outdoor fire authorized in this chapter shall only be used to burn woody
debris such as limbs or branches. No person shall start or maintain any outdoor fire authorized in this
chapter in a barrel.
D. No person shall start or maintain any campfire except as provided in this chapter. It is an affirmative
defense to a prosecution of any charge under this subsection that the campfire was authorized by the
person in charge.(Ord. 2822 S2, 1998)
SECTION 10.30.020 Period When Outdoor Burning is Authorized.
A. After a permit is obtained from the Fire Chief, outdoor fires are authorized from March 1 until fire
season is declared, and for a period of two weeks immediately following the termination of fire
season, when the ventilation index is over 400 and fire fuel conditions are conducive to safely
burning.
B. Outdoor fires are permitted on any day of the year the ventilation index is over 400 if fire fuel
conditions are conducive to safely burning and the outdoor fire is for the purpose of burning a
structure or other use of fire for training purposes by the Fire Department or under supervision of the
Fire Department;
C. Religious fires are permitted on any day of the year after notice of the specific date to the Fire Chief
and provided that all safety precautions required by the Fire Chief are met.
D. Campfires in areas designated by the Park Commission are permitted in Lithia Park on any day of the
year except during periods of extreme fire danger.
(Ord 2905, Amended, 01/20/2004; Ord 2857, Amended, 11/21/2000)
SECTION 10.30.030 Requirements for Permitted Fires.
All outdoor fires permitted under this chapter shall comply with the following requirements.
A. All fires shall conform with Article 11 of the Uniform Fire Code.
B. Except for religious fires, all fires shall occur during daylight hours only and shall be
extinguished prior to darkness unless continued burning is specifically authorized by the Fire
Chief.
C. All fires shall occur only in the presence of an adult person who shall constantly monitor the fire.
SECTION 10.30.040 Permits Required.
An outdoor fire permit is required for all outdoor fires authorized under this chapter. The Fire Chief shall
have the authority to issue such permits. Except for religious fires the Fire Chief shall have the authority
to establish and assess a fee for any necessary investigation, inspection and processing of each permit.
The fee shall not exceed the actual cost of the investigation, inspection and processing.
A. Upon receipt of a request for a permit and the required fee, the Fire Chief shall undertake
whatever investigation deemed necessary. Based on this investigation, the Fire Chief shall
approve the permit only when it is determined the fire does not constitute a hazard and that steps
have been taken to assure reasonable public safety. In addition, the Fire Chief may deny a permit
'for fires allowed under Section 1O.30.020.B if it is determined that the debris proposed for
burning has a high moisture content and would bum better after a period of aging.
SECTION 10.30.050 Enforcement and Penalties.
A. Any person, firm or corporation, whether as a principal agent, employee or otherwise, violating or
causing violation of any of the provisions of this ordinance, has committed an infraction, and upon
conviction thereof, is punishable as prescribed in Section 1.08.020 of the Ashland Municipal Code.
Such person, firm or corporation is guilty of a separate violation for each and every day during which
any violation of this Title is committed or continued by such person, firm or corporation.
B. Outside burning without a permit or a campfire in violation of this chapter is a public nuisance and
may be summarily abated by the Fire Chief, Chief of Police, or their representatives. (Ord. 2535,
1989;2637,1991,2671, 1992; Ord. 2717, 1993)
ASHLAND MUNICIPAL CODE
CHAPTER 10.30
DRAFT ORDINANCE
OPTIONjf S
Not Ready For 1st Reading
CONTROLS ON OPEN BURNING
SECTIONs:
10.30.005 Definitions.
10.30.010 Outdoor and Indoor Burning Restrieted.Prohibited
10.30.020 Period When Outdoor Burning is Authorized.
10.30.030 Requirements for Permitted Fires.
10.30.040 Permits Required.
10.30.050 Enforcement and Penalties.
SECTION 10.30.005 Definitions.
The following words and phrases whenever used in this chapter shall be construed as defined in this
section unless from the context a different meaning is intended.
A. "Fire Chief' means the City of Ashland Fire Chief or the Chiefs representative.
B. "Campfire" means any fire for cooking located outside of a building or recreational vehicle.
C. "Outdoor fire" includes any fire except a fire for cooking.
D. "Person in charge" means a person or a representative or an employee of a person who has lawful
control of the site of the fire by ownership, tenancy, official position or other legal relationship.
E. "Ventilation index" means the National Weather Service's indicator of the relative degree of air
circulation in the Rogue Valley.
F. "Noxious Weed" means any plant classified by the Oregon State Weed Board that is injurious to
public health, agriculture, recreation, wildlife, or any public or private property.
SECTION 10.30.010 Outdoor and Indoor Burning Restrieted.Prohibited
A. No person shall start or maintain any outdoor fire except as authorized in this chapter.
B. No person in charge shall cause or knowingly allow any outdoor fire to be started or maintained on
any part of such premises, except as authorized in this chapter.
C. Except for religious fires, any outdoor fire authorized in this chapter shall only be used to burn woody
debris, such as limbs or branches, and vegetation identified as noxious weeds. No person shall start or
maintain any outdoor fire authorized in this chapter in a barrel.
D. No person shall start or maintain any campfire except as provided in this chapter. It is an affirmative
defense to a prosecution of any charge under this subsection that the campfire was authorized by the
person in charge. (Ord. 2822 S2, 1998)
SECTION 10.30.020 Period When Outdoor Burning is Authorized.
A. Wildfire Fuel Reduction & Noxious Weed Abatement. Permits shall only be issued for the
purpose of wildfire fuel reduction or noxious weed management. After a permit is obtained from the
Fire Chief, outdoor fires are authorized from March 1 until fire season is declared, and for a period of
two weeks immediately following the termination of fire season, when the ventilation index is over
400 and fire fuel conditions are conducive to safely burning.
Page 1 of2
ASHLAND MUNICIPAL CODE
B. Fire Department Training Fires. Outdoor fires are permitted on any day of the year the ventilation
index is over 400 if fire fuel conditions are conducive to safely burning and the outdoor fire is for the
purpose of burning a structure or other use of fire for training purposes by the Fire Department or
under supervision of the Fire Department;
C. Religious Fires. Religious fires are permitted on any day of the year after notice of the specific date
to the Fire Chief and provided that all safety precautions required by the Fire Chief are met.
D. Campfires. Campfires in areas designated by the Park Commission are permitted in Lithia Park on
any day of the year except during periods of extreme fire danger.
(Ord 2905, Amended, 01/20/2004; Ord 2857, Amended, 11/21/2000)
SECTION 10.30.030 Requirements for Permitted Fires.
All outdoor fires permitted under this chapter shall comply with the following requirements.
A. All fires shall conform with Section 307 of the Oregon Fire Code.
B. Except for religious fires, all fires shall occur during daylight hours only and shall be
extinguished prior to darkness unless continued burning is specifically authorized by the Fire
Chief.
C. All fires shall occur only in the presence of an adult person who shall constantly monitor the fire.
SECTION 10.30.040 Permits Required.
An outdoor fire permit is required for all outdoor fires authorized under this chapter. The Fire Chief shall
have the authority to issue such permits. Except for religious fires the Fire Chief shall have the authority
to establish and assess a fee for any necessary investigation, inspection and processing of each permit.
The fee shall not exceed the actual cost of the investigation, inspection and processing.
A. Upon receipt of a request for a permit and the required fee, the Fire Chief shall undertake
whatever investigation deemed necessary. Based on this investigation, the Fire Chief shall
approve the permit only when it is determined the fire does not constitute a hazard and that steps
have been taken to assure reasonable public safety. In addition, the Fire Chief may deny a permit
for fires allowed under Section 10.30.020.B if it is determined that the debris proposed for
burning has a high moisture content and would bum better after a period of aging.
SECTION 10.30.050 Enforcement and Penalties.
A. Any person, firm or corporation, whether as a principal agent, employee or otherwise, violating or
causing violation of any of the provisions of this ordinance, has committed an infraction, and upon
conviction thereof, is punishable as prescribed in Section 1.08.020 of the Ashland Municipal Code.
Such person, firm or corporation is guilty of a separate violation for each and every day during which
any violation of this Title is committed or continued by such person, firm or corporation.
B. Outside burning without a permit or a campfire in violation of this chapter is a public nuisance and
may be summarily abated by the Fire Chief, Chief of Police, or their representatives. (Ord. 2535,
1989;2637,1991,2671, 1992; Ord. 2717, 1993)
Page 2 of2
ORDINANCE NO.
AN ORDINANCE AMENDING SECTIONS 10.30.005, 10.30.020 A.
AND 10.30.030 A. OF THE ASHLAND MUNICIPAL CODE
ADDRESSING OUTDOOR BURNING AND REQUIREMENTS FOR
PERMITTED FIRES.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
Annotated to show deletions and additions to the code sections being modified.
Deletions are linod through and additions are underlined.
SECTION 1. Section 10.30.005, of the Ashland Municipal Code is amended to read as
follows:
10.30.005 Definitions.
The following words and phrases whenever used in this chapter shall be
construed as defined in this section unless from the context a different meaning
is intended.
A. "Fire Chief' means the City of Ashland Fire Chief or the Chiefs
representative.
B. "Campfire" means any fire for cooking located outside of a building or
recreational vehicle.
C. "Outdoor fire" includes any fire except a fire for cooking.
D. . "Person in charge" means a person or a representative or an employee of
a person who has lawful control of the site of the fire by ownership,
tenancy, official position or other legal relationship.
E. "Ventilation index" means the National Weather Service's indicator of the
relative degree of air circulation in the Rogue Valley.
F. "Noxious Weed" means any plant classified bv the Oreoon State Weed
Board that is iniurious to public health. aoriculture. recreation. wildlife. or
any public or private property.
SECTION 10.30.010
Outdoor and Indoor Burning Restricted
C. Except for religious fires, any outdoor fire authorized in this chapter shall
only be used to burn woody debris, such as limbs or branches. and veoetation
identified as noxious weeds. No person shall start or maintain any outdoor fire
authorized in this chapter in a barrel.
SECTION 2. Section 10.30.020 A. of the Ashland Municipal Code is amended to read:
SECTION 10.30.020. Period When Outdoor Burning is Authorized.
A. Wildfire Fuel Reduction & Noxious Weed Abatement. Permits shall onlv be
PAGE 1 - OUTDOOR BURNING ORDINANCE
1.-
issued for the purpose of forest fire fuel reduction or noxious weed manaaement.
After a permit is obtained from the Fire Chief, outdoor fires are authorized from
March 1 until fire season is declared, and for a period of two weeks immediately
following the termination of fire season, when the ventilation index is over 400
and fire fuel conditions are conducive to safely burning.
B. Fire Department Trainina Fires. Outdoor fires are permitted on any day of
the year the ventilation index is over 400 if fire fuel conditions are conducive to
safely burning and the outdoor fire is for the purpose of burning a structure or
other use of fire for training purposes by the Fire Department or under
supervision of the Fire Department;
C. Reliaious Fires. Religious fires are permitted on any day of the year after
notice of the specific date to the Fire Chief and provided that all safety
precautions required by the Fire Chief are met.
D. Campfires. Campfires in areas designated by the Park Commission are
permitted in Lithia Park on any day of the year except during periods of extreme
fire danger.
SECTION 3. Section 10.30.030 A. of the Ashland Municipal Code is amended to
read as follows:
SECTION 10.30.030. Requirements for Permitted Fires.
All outdoor fires permitted under this chapter shall comply with the following
requirements:
A. All fires shall conform with /\rtiole 11 of the Uniform Fire Code Section 307 of
the Oreaon Fire Code.
SECTION 4. Severability.
If any section, provision, clause, sentence, or paragraph of this Ordinance or the
application thereof to any person or circumstances shall be held invalid, such invalidity
shall not affect the other sections, provisions, clauses or paragraphs of this Ordinance
which can be given effect without the invalid provision or application, and to this end the
provisions of this Ordinance are declared to be severable.
SECTION 5. Codification.
Provisions of this Ordinance shall be incorporated in the Ashland Municipal Code
and the word "ordinance" may be changed to "code", "article", "section", or another
word, and the sections of this Ordinance may be renumbered, or re-Ietlered, provided
however that Sections 4 thru 5, unincorporated Whereas clauses and boilerplate
provisions need not be codified.
The foregoing ordinance was first read by title only in accordance with Article X, Section
PAGE 2 - OUTDOOR BURNING ORDINANCE
2(C) of the City Charter on the
PASSED and ADOPTED this
day of
day of
,2007, and duly
,2007.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2007.
John W. Morrison, Mayor
Reviewed as to form:
Michael W. Franell, City Attorney
PAGE 3 - OUTDOOR BURNING ORDINANCE
ORDINANCE NO.
AN ORDINANCE AMENDING SECTIONS 10.30.005,10.30.020 A.
AND 10.30.030 A. OF THE ASHLAND MUNICIPAL CODE
ADDRESSING OUTDOOR BURNING AND REQUIREMENTS FOR
PERMITTED FIRES.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
Annotated to show deletions and additions to the code sections being modified.
Deletions are lined through and additions are underlined.
SECTION 1. Section 10.30.005, of the Ashland Municipal Code is amended to read as
follows:
10.30.005 Definitions.
The following words and phrases whenever used in this chapter shall be
construed as defined in this section unless from the context a different meaning
is intended.
A. "Fire Chief' means the City of Ashland Fire Chief or the Chiefs
representative.
B. "Campfire" means any fire for cooking located outside of a building or
recreational vehicle.
C. "Outdoor fire" includes any fire except a fire for cooking.
D.' "Person in charge" means a person or a representative or an employee of
a person who has lawful control of the site of the fire by ownership,
tenancy, official position or other legal relationship.
E. "Ventilation index" means the National Weather Service's indicator of the
relative degree of air circulation in the Rogue Valley.
F. "Noxious Weed" means any plant classified by the Oreoon State Weed
Board that is iniurious to public health. aoriculture. recreation. wildlife. or
any public or private property.
SECTION 10.30.010
Outdoor and Indoor Burning Restricted
C. Except for religious fires, any outdoor fire authorized in this chapter shall
only be used to burn woody debris, such as limbs or branches. and veoetation
identified as noxious weeds. No person shall start or maintain any outdoor fire
authorized in this chapter in a barrel.
SECTION 2. Section 10.30.020 A. of the Ashland Municipal Code is amended to read:
SECTION 10.30.020. Period When Outdoor Burning is Authorized.
A. Wildfire Fuel Reduction & Noxious Weed Abatement. Permits shall only be
PAGE 1 - OUTDOOR BURNING ORDINANCE
issued for the purpose of forest fire fuel reduction or noxious weed manaaement.
After a permit is obtained from the Fire Chief, outdoor fires are authorized from
March 1 until fire season is declared, and for a period of two weeks immediately
following the termination of fire season, when the ventilation index is over 400
and fire fuel conditions are conducive to safely burning.
B. Fire Department TraininQ Fires. Outdoor fires are permitted on any day of
the year the ventilation index is over 400 if fire fuel conditions are conducive to
safely burning and the outdoor fire is for the purpose of burning a structure or
other use of fire for training purposes by the Fire Department or under
supervision of the Fire Department;
C. ReliQious Fires. Religious fires are permitted on any day of the year after
notice of the specific date to the Fire Chief and provided that all safety
precautions required by the Fire Chief are met.
D. Campfires. Campfires in areas designated by the Park Commission are
permitted in Lithia Park on any day of the year except during periods of extreme
fire danger.
SECTION 3. Section 10.30.030 A. of the Ashland Municipal Code is amended to
read as follows:
SECTION 10.30.030. Requirements for Permitted Fires.
All outdoor fires permitted under this chapter shall comply with the following
requirements:
A. All fires shall conform with /\rticle 11 of the Uniform Fire Code Section 307 of
the OreQon Fire Code.
SECTION 4. Severability.
If any section, provision, clause, sentence, or paragraph of this Ordinance or the
application thereof to any person or circumstances shall be held invalid, such invalidity
shall not affect the other sections, provisions, clauses or paragraphs of this Ordinance
which can be given effect without the invalid provision or application, and to this end the
provisions of this Ordinance are declared to be severable.
SECTION 5. Codification.
Provisions of this Ordinance shall be incorporated in the Ashland Municipal Code
and the word "ordinance" may be changed to "code", "article", "section", or another
word, and the sections of this Ordinance may be renumbered, or re-Iettered, provided
however that Sections 4 thru 5, unincorporated Whereas clauses and boilerplate
provisions need not be codified.
The foregoing ordinance was first read by title only in accordance with Article X, Section
PAGE 2 - OUTDOOR BURNING ORDINANCE
2(C) of the City Charter on the
PASSED and ADOPTED this
day of
day of
, 2007, and duly
,2007.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2007.
John W. Morrison, Mayor
Reviewed as to form:
Michael W. Franell, City Attorney
PAGE 3 - OUTDOOR BURNING ORDINANCE
I --r--
Council Communication
CITY OF
ASHLAND
Emergency Shelter Policy
Meeting Date: April 3, 2007
Department: Administration
Contributin Departments: Legal, Fire, Police and Parks
Approval:, ~
Primary Staff Contact: Ann Seltzer
Email: Ann@ashland.or.us
Secondary Staff Contact:
Estimated Time: 15 minutes
Statement:
The City of Ashland does not have a policy on providing shelter during extreme weather. City staff
was asked to research the issue, identify opportunities and challenges of providing a shelter and to
bring to the city council a draft policy.
The attached resolution was developed based on requirements from the city's insurance company,
guidelines used by the Congregational Church and input from police, fire, parks and legal.
Staff Recommendation:
Adopt the proposed resolution.
Background:
Ashland does not have a site identified as an emergency shelter during extreme weather. When
possible, the Congregational Church has provided shelter during extreme weather conditions but is not
always able to do so.
In January, the city was asked to provide shelter space and the church offered to provide shelter staff.
Pioneer Hall served as the shelter and volunteer shelter staff reported that the location worked well for
the people who used the shelter.
Council Options:
. Approve the draft resolution.
· Approve the draft resolution with changes.
. Provide new direction to staff.
Attachments:
· Draft Weather Related Emergency Shelter Resolution
I
RESOLUTION NO. 2007-
A RESOLUTION SETTING FORTH POLICIES AND
CONDITIONS UNDER WHICH ASHLAND WILL PROVIDE
EXTREME WEATHER RELATED EMERGENCY SHELTER
HOUSING
Re.citals:
A. Ashland is located in an area that has four distinct seasons and the winter
season can have weather extremes that can be hazardous to persons without adequate
shelter.
B. The City of Ashland desires to set forth the conditions under which it will provide
emergency shelter housing and the policies related to those staffing or utilizing such
emergency shelter.
THE CITY OF ASHLAND RESOLVES AS FOllOWS:
SECTION 1. Provision of EmerQencv Shelter.
Ashland will provide emergency shelter under the terms and conditions set forth herein
during times of extreme weather conditions. For purposes herein, weather conditions
shall be considered extreme when outside temperatures are 20. F. or below or a
combination of weather conditions, in the discretion of the city administrator, make
conditions hazardous to human life without adequate shelter.
SECTION 2. Terms and Conditions.
1) In the event of the need for an emergency shelter during extreme weather, the use
of Pioneer Hall or other available city-owned building may be used. Previously booked
groups in those locations may be subject to cancellation.
2) The shelter will be staffed by volunteers from nonprofit organizations or other
organizations in the business of providing for the needs of persons. The city's
insurance company requires organizations providing volunteers to provide a letter to the
City of Ashland stating that all shelter volunteers have received appropriate training to
staff a shelter and have passed criminal background checks.
3) Shelter(s) will open at 8:00 p.m. Doors will be locked at 9:00 p.m. Guests may
leave the shelter but not re-enter after 9:00 p.m. Guests arriving at the shelter after
9:00 p.m. will not be admitted unless brought to the shelter by a police officer. All
guests must vacate the shelter no later than 8:00 a.m. the following morning.
4) Insurance requires that separate sleeping space be designated for single men,
single women and families. Appropriate signage must be displayed that warns against
Page - 1
children being left alone. Buildings must have separate restrooms for men and women.
5) The shelter will contain an emergency box containing a first aid kit. Pioneer Hall
does not have a telephone and shelter volunteers should bring their own cell phone in
case of an emergency.
SECTION 3. Emeroency Shelter Activation.
Provisions for emergency shelter will be activated as follows:
1) City Administrator or designee determines that weather conditions constitute
"extreme" and when he/she makes such determination they will contact the City's CERT
Coordinator.
2) The CERT Coordinator will contact the Parks and Recreation to determine which
facility or facilities will be used as emergency shelter.
3) The CERT Coordinator will contacts designated representatives from volunteer
organizations to arrange for staff volunteers at the shelter.
4) Volunteers and guests are responsible for following the same cleaning requirements
as other groups.
SECTION 4. Emeroency Shelter Policies.
Operation of the emergency shelters shall, to the greatest extent feasible, comply with
the following policy guidelines:
1) Shelter services must be provided with dignity, care, and concern for the individuals
involved.
2) The buildings used as a shelter will comply with City, County and State Building, Fire
and Health Codes, unless exemptions have been obtained from the appropriate
agencies, and must be maintained in a safe and sanitary condition at all times,
3) In all Shelters, there should be adequate separation of families and singles, and
adequate separation of single women.
4) No drugs, alcohol, or weapons will be allowed in shelter property at any time.
5) No disorderly conduct will be tolerated.
6) No threatening nor abusive language will be tolerated.
7) No excessive noise will be tolerated, e.g. loud radios etc.
8) Smoking will be restricted to the outdoors in designated areas.
Page - 2
9) All guests should maintain their own area in an orderly condition and may be
assigned other responsibilities or tasks at the shelter.
10)There should be definitive arrival, check-in/check-out times, and restrictions on
staying in the area of the Shelter.
11)There should be at least two shelter volunteers on-site at all times when guests are
there.
SECTION 5. 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 duly PASSED and ADOPTED this day of ,2007.
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2007.
John W. Morrison, Mayor
Reviewed as to form:
Michael W. Franell, City Attorney
Page - 3
Tripartite Housing Committee
Report
March 20, 2007
The joint committee of Council, Parks, and Schools (dubbed the Tripartite) has met
intermittently over the past several months. Attached is a refined list of the goals and
priorities that resulted from one of their earlier meetings. Issues are ranked according to
the number of votes received. Goal number two, in the category of "Housing" is to find
solutions to the declining enrollment in schools and to provide more affordable housing.
Number four in the category of "Planning" is to look at land holdings and review
affordable housing options.
At the Oct. 5,2006 joint meeting I volunteered to call together a meeting of the Housing
Committee. Since then the committee has met three times. The membership has
consisted of:
Schools:
Alice Hardesty
Eric Navickas
Heidi Parker-Shames
Ruth Alexander
Jim Lewis
Bill Street
Melissa Mitchell-Hooge
Brandon Goldman
Council:
Parks:
Housing Commission:
Citizen:
Staff Liaison:
The meetings are informal, and interested members of the public have attended at times.
Representation is somewhat variable depending on individual members' workloads.
The committee has identified three major goals:
1. Bring 200 new students to Ashland through the creation of workforce/affordable
housing with the goal of opening (or reopening) an elementary school.
2. Bring additional families to Ashland to maintain the viability of our community
hospital.
3. Inventory all public lands to identify potential sites for workforce/affordable
housing.
The committee has also identified two sub-goals or specific outcomes:
1. Facilitate housing for 20 households with members employed by the Ashland
School District.
2. Facilitate housing for 20 households with members employed by the City of
Ashland and Parks Department.
To work toward accomplishing these goals the committee is asking each parent
organization to identify a piece of property that would be suitable for siting
Refined List 0/ Goals and Priorities
Ashland City Council, Ashland School District, Ashland Parks and Recreation
Categories
Issues for Consideration (ranked by number of votes)
Schools Continue use of Lincoln and Briscoe Schools as neighborhood
parks to support goal of a neighborhood park within Y4-mile of
every Ashland resident.
Housing Find solutions to declining enrollment in schools / provide more
affordable housing
Transportation Make it easy and affordable to use public transportation around
town; partner with City to advertise "green fuel" school and
regular buses; promote them to the general public and families.
Planning Look at land holdings and review affordable housing options.
Planning Consider economic development targets (impacts).
Budget Funding Fund the Open Space Plan that was adopted by the Parks
Commission and City Council.
Budget Funding Assess what basic services are needed and articulate the potential
taxation impacts on citizens of decisions made as elected officials.
Budget Funding Work on alleviating or controlling the costs of PERS and employee
health care.
Budget Funding Assess long-term options for the Youth Activities Levy.
Marketing and Promote strong individual to community-wide communication;
Education check attitudes toward what we think we need: are those things
"best" for the community as whole?
Miscellaneous, Promote greater coordination between other large
Community employers/governing bodies in the area, including SOU, Jackson
Visioning, Other County Commissioners, etc. Make more effort to lobby regionally.
Miscellaneous, Work on coordination of consumption and conservation of energy
Community between agencies.
Visioning, Other
Miscellaneous, Meet on an agreed-upon basis (monthly/quarterly) with three
Community elected groups; work on making progress with goals.
Visionin~, Other
CITY OF
ASHLAND
Council Communication
An Ordinance Revising Ashland Ethics Provisions (AMC 3.08.020)
Meeting Date: November 21, 2006
Department: Legal
Contributing Departments:
Approval: Martha Benne
Primary Staff Contact: Michael W. Franell
E-mail: franellm@ashland.or.us
Secondary Staff Contact:
E-mail:
Estimated Time: 20 minutes
Statement:
Attached is an ordinance which would amend the ethics provisions in Ashland Municipal Code. The primary change made
to the current ethics code is to also include elected officials and appointed officials in its applicability. A provision restricting
appointed officials from representing clients for hire before any body of the city on a matter that will or has come before the
body to which the official is appointed to serve has been added. Additionally, procedures for addressing the applicability of
the code provisions has been added, with the City Administrator making that determination for applicability to employees
and the City Council making the determination of applicability to appointed and elected officials.
Background:
The Ashland City Council held a study session March 6, 2006, to discuss the possibility of amending the ethics provisions
within the Ashland Municipal Code. After careful consideration the City Council indicated an interest in:
1) Amending the Ethics provisions currently in the Ashland Municipal Code to be applicable to elected and
appointed officials in addition to applicability to city employees;
2) Adding in a procedure for investigating and enforcing the ethics provisions;
3) Adding a provision similar to provisions in the Gresham City Charter which would require Ashland to have
ethics provisions in its municipal code which can be enforced locally.
The proposed ordinance would amend the ethics provisions in the Ashland Municipal Code to apply to elected and
appointed officials in addition to employees. Additionally, the amendments would prevent an appointed official from
representing clients for hire before any board or commission or before the City Council on matters which would come before
the board or commission on which the appointed official sits. The proposed changes also add exceptions for the use of
public property for private benefit for instances which are specifically set forth as a benefit of employment and for the
granting of special treatment or advantage to a citizen when provided for by law. Finally, the proposed ordinance permits
determinations of applicability by the City Administrator for applicability to employees and determinations of applicability by
the City Council for applicability to appointed and/or elected officials. The sanctions paragraph has been amended to
provide violations are considered cause for discipline.
Related City Policies:
None.
Council Options:
The Council could adopt the proposed ordinance amending the Ashland ethics provisions as stated
above.
The Council could amend the proposed ordinance.
r.,
The Council could reject the proposed changes, thereby, leaving the ethics provisions applicable only
to city of Ashland employees.
Staff Recommendation:
Staff recommends the City Council adopt An Ordinance Amending AMC 3.08.020 To Apply Ethics
Provisions To Employees, Appointed Officials And Elected Officials by title only on first reading
and move to second reading.
Potential Motions:
I move the Council adopt An Ordinance Amending AMC 3.08.020 To Apply Ethics Provisions To
Employees, Appointed Officials And Elected Officials by title only on first reading and move to
second reading.
I move the Council adopt An Ordinance Amending AMC 3.08.020 To Apply Ethics Provisions To
Employees, Appointed Officials And Elected Officials by title only on first reading as amended. . .
and move to second reading. (Note: If you make amendments, please be sure to identify the
included amendments when making this motion).
Attachments:
Proposed ordinance.
r.,
ORDINANCE NO.
AN ORDINANCE AMENDING AMC 3.08.020 TO APPLY ETHICS
PROVISIONS TO EMPLOYEES, APPOINTED OFFICIALS AND
ELECTED OFFICIALS
Annotated to show deletions and additions to the code sections being modified. Deletions are
lined through and additions are underlined.
RECITALS:
1. The City of Ashland is committed to the highest ethical standards for its public
officials.
2. As a statement in that regard, in addition to any standards set forth by the state,
Ashland has had its own ethics provision applicable to public employees for more
than 25 years.
3. As a sign of continuing commitment to the highest ethical standards Ashland desires
to extend application of its ethics provisions to appointed and elected officials.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS:
SECTION 1. Section 3.08.020 of the Ashland Municipal Code is amended to read:
SECTION 3.08.020 Code of Ethics.
A. Declaration of Policy. The proper operation of democratic government requires that public officials.
including elected officials. appointed officials and employees be independent, impartial and
responsible to the people; that governmental decisions and policy be made in the proper channels of
the governmental structure; that public office not be used for personal gain; and that the public have
confidence in the integrity of its government. In recognition of these goals, there is hereby
established a Code of Ethics for all employeespublic officials, whether paid or unpaid.
The purpose of this Code is to establish ethical standards of conduct for all employeespublic officials
by setting forth those acts or actions that are incompatible with the best interests of the City of
Ashland. It is also the purpose of this Code to assist employeespublic officials in determining the
proper course of action when faced with uncertainty regarding the propriety of a contemplated action,
thereby preventing them from unwittingly entangling public and private interests.
Through adoption of this Code the City hereby expresses its intent to maintain high ethical standards
in the City service, and to increase public confidence in the integrity of City empleyeespublic
officials.
B. Responsibilities of Public Office. EmployeesPublic officials are agents of public purpose and are
eml'loyedengaged for the benefit of the public. They are bound to uphold the Constitution of the
United States and the Constitution of this State and to carry out impartially the laws of the nation,
state and the City, and thus to foster respect for all government. They are bound to observe in their
official acts the highest standards of morality and to discharge faithfully the duties of their office
regardless of personal considerations, recognizing that the public interest must be their primary
concern.
Page 1 of 4
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C. Dedicated Service. All employeespublic officials of the City should be loyal work to support the
political objectives expressed by the electorate and the programs developed to attain those objectives.
Appointive officials and employees should adhere to the rules of work and performance established
as the standard for their positions by the appropriate authority.
Employees Public officials should not exceed their authority or breach the law or ask others to do
so, and they should work in full cooperation with other employeespublic officials unless prohibited
from so doing by law or by officially recognized confidentiality of their work.
D. Fair and Equal Treatment.
1. Interest in Appointments. Canvassing of members of the Council or Mayor, directly or indirectly,
in order to obtain preferential consideration in connection with any appointment to the City
service shall disqualify the candidate for appointment except with reference to positions filled by
appointment by the Mayor or Council.
2. Use of Public Property. No employee public official shall request or permit the use of city-owned
vehicles, equipment, materials or property for personal convenience or profit, except when such
services are available to the public generally or are provided as municipal policy for the use of
such employee in the conduct of official business or as a specifically defmed benefit in
compensation of employment.
3. Obligations to Citizens. No empleyeepublic official shall grant any special consideration,
treatment or advantage to any citizen beyond that which is available to every other citizen except
as otherwise permitted by law or ordinance.
E. Conflict of Interest. No employeepublic official, whether paid or unpaid, shall engage in any
business or transaction or shall have a financial or other personal interest, direct or indirect, which is
incompatible with the proper discharge of that employee's public official's official duties in the public
interest or would tend to impair independence of judgment or action in the performance of that
employee'spublic official's official duties. Personal, as distinguished from fmancial, interest includes
an interest arising from blood or marriage relationships or close business or political association.
Specific conflicts of interest are enumerated below for ~guidance of empleyees.~
1. Incompatible Employment. No employee shall engage in or accept private employment or render
services for private interests when such employment or service is incompatible with the proper
discharge of that employee's official duties or would tend to impair independence of judgment or
action in the performance of that employee's official duties.
2. Disclosure of Confidential Information. No epublic official mployee shall, without proper legal
authorization, disclose confidential information concerning the property, government or affairs of
the City. Nor shall any employee public official use such information to advance their financial
or private interest, or the fmancial or private interest of others.
3. Gifts and Favors. No employee public official shall accept any valuable gift, whether in the form
of service, loan, thing or promise, from any person, firm or corporation which to their knowledge
is interested directly or indirectly in any manner whatsoever in business dealings with the City;
nor shall any such employee (1) accept any gift, favor or thing of value that may tend to influence
the employee in the discharge of their duties, or (2) grant, in the discharge of their duties, any
improper favor, service or thing of value.
4. Representing Private Interests Before City Agencies or Courts. No employee whose salary is
paid in whole or in part by the City shall appear in behalf of private interests before any agency of
the City. An employee shall not represent private interests in any action or proceeding against the
interests of the City in any litigation to which the City is a party, unless the employee is
Page 2 of 4
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representing himself/herself as a private citizen on purely personal business. No appointed
official shall represent a client for hire before the board or commission to which that official is
appointed or in any action of proceeding before another board. commission or the City Council
on a matter which came or will come before the board or commission to which that official is
appointed.
No emplayee public official shall accept a retainer or compensation that is contingent upon a
specific action by ft-the City agency.
5. Contracts with the City. Any employeepublic official who has a substantial or controlling
financial interest in any business entity, transaction or contract with the City, or in the sale of real
estate, materials, supplies or services to the City, shall make known to the proper authority such
interest in any matter on which that employeepublic official may be called to act in an official
capacity. The employeepublic official shall refrain from participating in the transaction or the
making of such contract or sale.
Aft employeepublic official shall not be deemed interested in any contract or purchase or sale of
land or other thing of value unless such contract or sale is recommended. approved, awarded,
entered into, or authorized by the employeepublic official in an official capacity.
6. Disclosure of Interest in Legislation. Any employee or appointed official who has a financial or
other private interest, and who participates in discussion with or gives an official opinion to the
Council, shall disclose on the records of the Council or other appropriate authority the nature and
extent of such interest.
F. Political Activity. No employee in the administrative service shall use the prestige of their position in
behalf of any political party. No employee in the administrative service shall orally, by letter or
otherwise, solicit or be in any manner concerned in soliciting any assessment, subscription or
contribution to any political party; nor shall an employee be a party to such solicitation by others; nor
shall an employee take an active part in political campaigns for candidates while in the performance
of duties in an official capacity.
No employeepublic official -shall promise an appointment to any municipal position as a reward for
any political activity.
I G. Applicability of Code - Employees. When an employee has doubt as to the applicability of a
provision of this code to a particular situation, they should apply to the City Administrator, who is
charged with the implementation of this code for an advisory opinion, and be guided by that opinion
when given. The employee shall have the opportunity to present their interpretation of the facts at
issue and of the applicable provision(s) of the code before such advisory decision is made. All such
requests for advice shall be treated as confidential. This code shall be operative in all instances
covered by its provisions except when superseded by an applicable statute, ordinance or resolution,
and each statute, ordinance or resolution action is mandatory, or when the application of a statute,
ordinance or resolution provision is discretionary but determined to be more appropriate or desirable.
H. Applicability of Code - Appointed and Elected Officials. When an appointed official or an elected
official has doubt as to the applicability of a provision of this code to a particular situation. they
should apply to the City Council for a determination. The official seeking a determination shall have
the opportunity to present any facts they deem relevant to the determination. They shall also have the
opportunity to present any argument they may have as to what they deem an appropriate
Page 3 of 4
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~G:\legftl\Mike\Oraiftanees\Ethjes ,A .llleBElmeBts.aoe
determinatiQn. The City CQuncil. the MaYQr Qr the City AdministratQr may request the City AttQrney
tQ provide an advisQry QpiniQn based UPQn the facts presented. The determinatiQn €If the City CQuncil
as tQ the applicability €If a provisiQn €If this code tQ a particular situatiQn shall be fmal.
I. DefinitiQns:
1) EmplQyee - fQr the purpQses €If this sectiQn. the term emplQyee shall mean Qne whQ is hired and
paid a wage Qr salary tQ wQrk fQr the City Qther than elected Qr apPQinted Qfficials.
2) ApPQinted Official - fQr the purposes €If this sectiQn. the term "apPQinted Qfficial" shall mean a
perSQn whQ is appointed tQ serve €In Qne €If the City's bQards Qr cQmmissiQns and shall alsQ mean the
City AdministratQr and City AttQrney.
3) Elected Official - fQr the pwpQses €If this sectiQn. elected Qfficial shall mean Qne whQ is elected
by the registered VQters €If the City €If Ashland tQ serve the city and shall include: the MaYQr. the city
cQuncilQrs. the city recQrder. the municipal iudge and the parks cQmmissiQners.
IH. SanctiQns. YiQlatiaB €If any previsiQlli> €If this CQde slumlEl raise caBscieatiQ\;ls qtlestiolls for the
emplQyee coneemed as tQ whether 'lQluntary resigBfttiQB Qr Qther actiOB is iRdieated tQ promote the
best interest €If the City. ViQlatiQn €If any provisiQn €If this sectiQn. determined after nQtice and an
QPPQrtunity tQ be heard. shall cQnstitute cause fQr disciplinary actiQn.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the
and duly PASSED and ADOPTED this
day of
day of
,2006,
,2006.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2006.
John W. Morrison, Mayor
Reviewed as to form:
Michael W. Franell, City Attorney
Page 4 €If 4
FILENAME \p G:\legal\Mike\Ordinances\Ethics Amendments Ord - 2.docG:\legal\Mike\OrdiftafteeslEthies f.meRdffieRts Ord
~G:\legal~{ike\,Ordift8ftees\Ethies fJfleRtlmeRts.doe
ORDINANCE NO.
.
AN ORDINANCE AMENDING AMC 3.08.020 TO APPLY ETHICS
PROVISIONS TO EMPLOYEES, APPOINTED OFFICIALS AND
ELECTED OFFICIALS
Annotated to show deletions and additions to the code sections being modified. Deletions are
lined through and additions are underlined.
RECITALS:
1. The City of Ashland is committed to the highest ethical standards for its public
officials.
2. As a statement in that regard, in addition to any standards set forth by the state,
Ashland has had its own ethics provision applicable to public employees for more
than 25 years.
3. As a sign of continuing commitment to the highest ethical standards Ashland desires
to extend application of its ethics provisions to appointed and elected officials.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS:
SECTION 1. Section 3.08.020 of the Ashland Municipal Code is amended to read:
SECTION 3.08.020 Code of Ethics.
A. Declaration of Policy. The proper operation of democratic government requires that public officials,
including elected officials, appointed officials and employees be independent, impartial and
responsible to the people; that governmental decisions and policy be made in the proper channels of
the governmental structure; that public office not be used for personal gain; and that the public have
confidence in the integrity of its government. In recognition of these goals, there is hereby
established a Code of Ethics for all public officials, whether paid or unpaid.
The purpose of this Code is to establish ethical standards of conduct for all public officials by setting
forth those acts or actions that are incompatible with the best interests of the City of Ashland. It is
also the purpose of this Code to assist public officials in determining the proper course of action when
faced with uncertainty regarding the propriety of a contemplated action, thereby preventing them
from unwittingly entangling public and private interests.
Through adoption of this Code the City hereby expresses its intent to maintain high ethical standards
in the City service, and to increase public confidence in the integrity of City public officials.
B. Responsibilities of Public Office. Public officials are agents of public purpose and are engaged for
the benefit of the public. They are bound to uphold the Constitution of the United States and the
Constitution of this State and to carry out impartially the laws of the nation, state and the City, and
thus to foster respect for all government. They are bound to observe in their official acts the highest
standards of morality and to discharge faithfully the duties of their office regardless of personal
considerations, recognizing that the public interest must be their primary concern.
C. Dedicated Service. All public officials of the City should work to support the political objectives
expressed by the electorate and the programs developed to attain those objectives. Appointive
Page 1 of 4
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officials and employees should adhere to the rules of work and performance established as the
standard for their positions by the appropriate authority.
Public officials should not exceed their authority or breach the law or ask others to do so, and they
should work in full cooperation with other public officials unless prohibited from so doing by law or
by officially recognized confidentiality of their work.
D. Fair and Equal Treatment.
1. Interest in Appointments. Canvassing of members of the Councilor Mayor, directly or indirectly,
in order to obtain preferential consideration in connection with any appointment to the City
service shall disqualify the candidate for appointment except with reference to positions filled by
appointment by the Mayor or Council.
2. Use of Public Property. No public official shall request or permit the use of city-owned vehicles,
equipment, materials or property for personal convenience or profit, except when such services
are available to the public generally or are provided as municipal policy for the use of such
employee in the conduct of official business or as a specifically defined benefit in compensation
of employment.
3. Obligations to Citizens. No public official shall grant any special consideration, treatment or
advantage to any citizen beyond that which is available to every other citizen except as otherwise
permitted by law or ordinance.
E. Conflict of Interest. Nopublic official, whether paid or unpaid, shall engage in any business or
transaction or shall have a financial or other personal interest, direct or indirect, which is incompatible
with the proper discharge of that public official's official duties in the public interest or would tend to
impair independence of judgment or action in the performance of that public official's official duties.
Personal, as distinguished from financial, interest includes an interest arising from blood or marriage
relationships or close business or political association. Nothing herein prohibits a public officer from
engaging in any business, profession or employment that is permitted or required as regards the
composition of a Board, Commission or Committee, (e.g. Planning Commissioners engaged in real
estate pursuant to ORS 227.030 or Building Code Board of Appeals, [AMC 15.04.200] members
engaged in specific trades).
Specific conflicts of interest are enumerated below for guidance:
1. Incompatible Emplovment. No employee shall engage in or accept private employment or render
services for private interests when such employment or service is incompatible with the proper
discharge of that employee's official duties or would tend to impair independence of judgment or
action in the performance of that employee's official duties.
2. Disclosure of Confidential Information. No public official shall, without proper legal
authorization, disclose confidential information concerning the property, government or affairs of
the City. Nor shall any public official use such information to advance their financial or private
interest, or the financial or private interest of others.
3. Gifts and Favors. No public official shall accept any valuable gift, whether in the form of service,
loan, thing or promise, from any person, firm or corporation which to their knowledge is
interested directly or indirectly in any manner whatsoever in business dealings with the City; nor
shall any such employee (1) accept any gift, favor or thing of value that may tend to influence the
employee in the discharge of their duties, or (2) grant, in the discharge of their duties, any
improper favor, service or thing of value.
4. Representing Private Interests Before City Agencies or Courts. No employee whose salary is
paid in whole or in part by the City shall appear in behalf of private interests before any agency of
the City. An employee shall not represent private interests in any action or proceeding against the
Page 2 of 4
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interests of the City in any litigation to which the City is a party, unless the employee is
representing himself/herself as a private citizen on purely personal business. No appointed
official shall represent a client for hire before the board or commission to which that official is
appointed or in any action of proceeding before another board, commission or the City Council
on a matter which came or will come before the board or commission to which that official is
appointed.
No public official shall accept a retainer or compensation that is contingent upon a specific action
by the City.
5. Contracts with the City. Any public official who has a substantial or controlling financial interest
in any business entity, transaction or contract with the City, or in the sale of real estate, materials,
supplies or services to the City, shall make known to the proper authority such interest in any
matter on which that public official may be called to act in an official capacity. The public
official shall refrain from participating in the transaction or the making of such contract or sale.
A public official shall not be deemed interested in any contract or purchase or sale of land or
other thing of value unless such contract or sale is recommended, approved, awarded, entered
into, or authorized by the public official in an official capacity.
6. Disclosure of Interest in Legislation. Any employee or appointed official who has a financial or
other private interest, and who participates in discussion with or gives an official opinion to the
Council, shall disclose on the records of the Councilor other appropriate authority the nature and
extent of such interest.
7. More Restrictive State Law Provisions. Nothing in this ordinance relieves or excuses public
officers and employees from compliance with more restrictive state laws applicable to the
particular public position, (e.g. Planning Commissioners are subject to more restrictive Conflict
of Interest Provisions pursuant to ORS 244.135.)
F. Political Activity. No employee in the administrative service shall use the prestige of their position in
behalf of any political party. No employee in the administrative service shall orally, by letter or
otherwise, solicit or be in any manner concerned in soliciting any assessment, subscription or
contribution to any political party; nor shall an employee be a party to such solicitation by others; nor
shall an employee take an active part in political campaigns for candidates while in the performance
of duties in an official capacity.
No public official shall promise an appointment to any municipal position as a reward for any
political activity.
G. Applicability of Code - Employees. When an employee has doubt as to the applicability of a
provision of this code to a particular situation, they should apply to the City Administrator, who is
charged with the implementation of this code for an advisory opinion, and be guided by that opinion
when given. The employee shall have the opportunity to present their interpretation of the facts at
issue and of the applicable provision(s) of the code before such advisory decision is made. All such
requests for advice shall be treated as confidential. This code shall be operative in all instances
covered by its provisions except when superseded by an applicable statute, ordinance or resolution,
and each statute, ordinance or resolution action is mandatory, or when the application of a statute,
ordinance or resolution provision is discretionary but determined to be more appropriate or desirable.
Page 3 of 4
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H. Applicability of Code - Appointed and Elected Officials. When an appointed official or an elected
official has doubt as to the applicability of a provision of this code to a particular situation, they
should apply to the Mayor for a determination. The official seeking a determination shall have the
opportunity to present any facts they deem relevant to the determination. They shall also have the
opportunity to present any argument they may have as to what they deem an appropriate
determination. The Mayor may request the City Attorney to provide an advisory opinion based upon
the facts presented. The determination of the Mayor as to the applicability of a provision of this code
to a particular situation shall be final, unless a majority of the Council calls up the determination for
review by the full Council at the meeting following the determination..
I. Definitions:
1) Employee - for the purposes of this section, the term employee shall mean one who is hired and
paid a wage or salary to work for the City other than elected or appointed officials.
2) Appointed Official - for the purposes of this section, the term "appointed official" shall mean a
person who is appointed to serve on one of the City's boards or commissions and shall also mean the
City Administrator and City Attorney.
3) Elected Official - for the purposes of this section, elected official shall mean one who is elected
by the registered voters of the City of Ashland to serve the city and shall include: the Mayor, the city
councilors, the city recorder, the municipal judge and the parks commissioners. .
J. Sanctions.. Violation of any provision of this section, determined after notice and an opportunity to
be heard, shall constitute cause for disciplinary action.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the
day of
,2006,
and duly PASSED and ADOPTED this
day of
,2006.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2006.
John W. Morrison, Mayor
Reviewed as to form:
Michael W. Franell, City Attorney
Page 4 of 4
D FILENAME \p C:\DOCUME-l\shipletd\LOCALS-l\Temp\Ethics Amendments Ord - 2PC-changes.docD
CITY OF
ASHLAND
Council Communication
Community Development Planning Organizational Review
Meeting Date: April 3, 2007
Department: Community Development
Contributing Departments:
Approval: Martha Bennett
Primary Staff Contact: David Stalheim
E-mail: stalheid@ashland.or.us
Secondary Staff Contact:
Estimated Time: 60 Minutes
Statement:
This is a presentation and discussion with the council detailing the new Community Development
Director's initial observations of the city's planning program gained over the first three months. Some
of these observations are outlined below and will be further detailed in the presentation.
Staff Recommendation:
The staff recommendations are generally outlined in the background information below. No formal
action is requested of the council. The council is asked to provide any comments or feedback on the
Director's observations.
Background:
During the first month, the Director talked with planning staff, Planning Commission members, city
administration, some citizens and city councilors, to listen to their issues and concerns about the
planning functions in Ashland. These conversations occurred after the Director reviewed the
Organizational Audit of the department prepared by Zucker and the amendments to the Land Use Code
prepared by Siegel.
In early February, the Director presented initial observations to the Planning Commission on planning.
Those initial observations included the following key recommendations:
. Review, update and overhaul, if necessary, the Comprehensive Plan.
· Ensure that the Development Re2Ulations are consistent with our vision and plan.
· Engage the general citizenry and businesses in this discussion to determine community values.
. Create a cohesive planninf! framework that provides time for the public, elected officials,
commission's and staff to address the major policy issues facing the community.
· Address immediate issues of regulations that are not consistent with existing vision for the
community.
The Planning Commission generally concurred with these key recommendations. As a result, the
Director has already initiated the following:
· Re-organized staff within the department to help facilitate a long range planning program;
planning staff are now working to create work programs and new operating procedures.
1
r:.,
· Instituted a review of Planning Commission operating rules and created a calendar of upcoming
study session topics
· Begun an analysis ofthe Ashland Land Use Code regarding ways to make the permitting
procedures more efficient, while maintaining the values and citizen input important to Ashland.
The recommendations were based on oral interviews and review of the record. In reviewing some of
the city's long range planning efforts, it became apparent that in recent years that the city has not either
initiated many long range planning efforts or adopted the ones that were started. Reasons for that were
not fully explored, but the work load in development permit application reviews was the most readily
apparent cause.
Long range planning efforts of the city since 1980 are outlined below:
. 1981
. 1988
. 1990-01
. 1992
. 1995
. 1995
~ 1996
.. 1996
. 1998
. 1998
<< 1999
. 1999
. 2001
. 2001
~ 2002
.. 2005
. 2005
Comprehensive Plan
Downtown Plan
Comprehensive Plan Elements
- Economic, Population, Open Space, Energy/Conservation
Site Design and Use Standards
Railroad District Draft Infill Strategy
B Street Transportation Plan (not adopted)
Transportation Element
North Mountain Neighborhood Plan
Transportation System Plan
Buildable Lands Inventory
Tolman Creek Plan (not adopted)
Street Standards Handbook
Downtown Plan Phase II (not adopted)
Railroad Master Plan (only partially adopted)
Affordable Housing Action Plan - Housing Needs Analysis
Buildable Lands Inventory Update
Consolidated Plan (CDBG)
As mentioned earlier, the most obvious observation in the recent past is that the planning program is
focused on the review of development projects. This focus is at both the Planning Commission and
City Council level. Since 2000, the only long range planning policy document that has been adopted
by the city is the HUD required Consolidated Plan. This plan is required in order to receive
Community Development Block Grant (CDBG) funds.
The result of this focus on development projects and not on long range policy issues is that the public
views the current dialogue as dysfunctional. The only planning that is seen through the local media
has to do with development projects, and not on what the vision for the community should be. This
has resulted in a disconnection between the Comprehensive Plan goals and policies and the current
development and implementing ordinances. An example of this is the conversation about setbacks
along arterials. The conversation appears to be about the "rules", rather than on what really should
happen in these corridors. And, it takes staff, Commission and citizen time to have the conversation
about what these standards should be.
2
r4.1
The focus needs to be shifted from process to the big picture. We need to get away from the
procedural and technical questions to questions about what the community wants to see. In order to
get there, we need to make a shift in how we deal with both the long range planning policies and with
the current review of development projects.
In order to have the time for these policy discussions, visioning, planning and ordinance development,
we need to either: a) reduce the number of items before the Planning Commission to enable the
Commission to undertake long range planning, or b) we need to become much more efficient in our
deliberations and decision-making at the Planning Commission, or c) a combination of the above.
In the Zucker organizational audit, Zucker focused on six priorities for the department:
1. Develop Work Program - Long range planning staff is working on a 3-year work program that
enables full review of the comprehensive plan and land use ordinance.
2. Staffing and Organization - A Permit Center Manager position was made permanent and an
internal reorganization plan has been implemented. Adding the vacant planning position has
been put on hold for budget reasons, and the two additional planner positions have not been
proposed.
3. Ordinance Issues - The Planning Commission has prioritized a list of code amendments and
staff is working on incorporating those into two categories a) easy, non-controversial actions
and b) projects over the next year. Improvement in communications with the City Attorney's
office is also proceeding.
4. Enforcement - This isn't as big an issue as made out in the report and isn't a high priority.
5. Development Processes - The new Permit Center Manager and current planning team are
working on improvements in this area.
6. Eden - Increased use of the city's permitting software will be implemented as part of the
development process improvements.
Related City Policies:
nla
Council Options:
The council is asked to provide any comments or feedback on the Director's observations.
Potential Motions:
None requested
Attachments:
None
3
r.,
CITY OF
ASHLAND
Council Communication
Meeting Date: January 2, 2007
Department: Administration
Contributing Departments: Legal
Approval: Martha Bennett
Estimated Time: 20 minutes
Revision of City Council Rules
Primary Staff Contact: Martha Bennett,
bennettm@ashland.or.us
Ann Seltzer, ann@ashland.or.us
Secondary Staff Contact: Mike Franell, franellm@ashland.or.us
Richard Appicello,
aooicelr@ashland.or.us
Statement:
A committee ofthe City Council has been reviewing possible changes to the existing rules ofthe
City Council since September 2006. Councilor Silbiger has requested that the January 2007 draft of
these propose rules be considered by the Council. Once Council is ready to proceed, the Council
Rules will need to be placed into an ordinance format to amend Chapter 2.04 ofthe Ashland
Municipal Code.
Staff Recommendation:
Since all six Councilors attended the last Committee meeting, staff recommends that the full Council
decide on the process for completing the revision of the Council Rules. Staff further recommends
that the Council postpone consideration of the sections that relate to the role of Council liaisons
(Section 11 in the attached drafts) until the Council committee on boards, commissions, and
committees has completed its work.
Background:
An initial draft of revisions to the rules of the City Council was discussed at a Study Session on
September 14, 2006. The Mayor formed a committee of the Council consisting, at that time, of
Councilors Amarotico, Hardesty, and Silbiger. The Council discussed progress of the committee at
its regular November 7, 2006 Council Meeting. Mayor Morrison replaced Councilor Amarotico,
whose term had expired, with Councilor Hartzell on the committee on January 13, 2007.
Since September 2006, the committee has met seven times. At the February 1, 2007 meeting, all six
members of the City Council attended. The committee has reviewed all of topics that were included
in the initial draft and all of the topics in the existing Council rules at least once and in several cases,
multiple times.
Based on Councilor Silbiger's request, I have attached the January 2007 revision, which was the
basis for discussion at the February 1,2007 meeting. That draft is attached on green colored paper. I
have also attached the version that includes changes at that meeting, that draft is copied on pink
paper. Staff has used the "compare" function in Microsoft Word, to show the differences between
the two versions, and those highlights are included on the February 1, 2007 (pink) draft.
At the January 8, 2007 meeting, the Committee agreed to staffs request that the sections related to
boards, commissions and committees be deferred until the Council committee on boards,
commissions and committees finishes work. The Planning Commission has also been working on
procedural items that might affect this section. After further review and discussion, staff
recommends that Council also defer action on Section 11 of the attached drafts which relates to the
role of Council liaisons. Similarly, this should be discussed after the Council committee on City
advisory groups completes its work.
The issues that were subjects of substantial discussion by the committee working on the rules were:
. How is the City Council agenda set? Who can add items to the agenda? How can the Council
ensure adequate discussion of topics before the topic is scheduled for action? (Entire Section
3).
. Which items should actually be in the rules and which should be agreements among
Councilors? (Please see the attached "Gentleperson's Agreement" drafted by Councilor
Hardesty. )
. How are meetings called in the event of an emergency? What is a quorum of the Council in
the event of an emergency?
. How many Councilors are needed to call a special meeting?
. Are Councilors required to keep matters in an executive session confidential?
. Should there be time limits on how long Councilors can speak on a single item (Section
2.11)? Do Councilors have the responsibility to keep discussion moving?
. Should the Council use Roberts Rules of Order strictly or should they adopt a simplified list
of motions?
. What should be the powers of the presiding officer in setting time limits and maintaining
decorum?
. What should be in the rules related to Council relationship with City employees?
Related City Policies:
Ashland City Charter, various sections.
Ashland Municipal Code 2.04 provisions would be revised by these draft rules
Council Options
. Council can direct staffto prepare an ordinance to amend AMC 2.04 with either the January
or the February drafts as presented.
. Council can schedule a future discussion at a regular Council meeting or study session.
. Council can provide additional direction to staff and request that an ordinance drafted from
these revisions
. Council can terminate the project to revise the Council rules.
Attachments:
. January, 2007 draft of Council Rules
. February, 2007 draft of Council Rules
r.,
CITY OF
ASHLAND
DRAFT
January 2007
This draft includes existing AMC council rules and new copy and modifications to the
existing rules identified at meetings on 10/04, 10/24, 11/17, 11/28, 12/11, and 1/8/07.
All new copy is identified at the beginning and at the end of each section of new copy
and modified copy is identified at the end of the n;l9dified copy.
qH~
Ashland City Council,
Operating Policies and Proaij<Iure'sq!IL
Table ofCont~pt~1 " "111111;
;1 '1:1
,dllll' 'i"
Title p~lillll; ,'''
'(Ill.. till!
Authority \IIIIlI!Hillftft) "
!l, ... .HI 11111111.. \,!
Meetings ", q'lllrart 2>,
Conduct of Meetings ;1111 iilill!, 'II Part 3'
Ilil. 'Iii '1IW'
Order of Business ''1ill" 111!lInnlllWW,rPart 4
Identification of fiscal ItpP\~~ ~flftt?li~yl~ficis~on~ Part 5
Ii 111111 ill''''
Rights of Citizens dll,' !~" I, Part 6
Conduct with City EmpldMmls Ii; Part 7
lil!' l/
Committees, Commissions ~~~ds Part 9
Placeholder Council Conduct with Commissions, Part 10
Committees and Boards
Council Liaisons Part 11
Councilor Expenses Part 12
Amendments and Additions to Council Operating Part 13
Policies and Procedures
Council Guidelines Gentle persons Agreement
I'
Page
2
2
4
6
8
8
8
8
9
9
9
10
II
1
~.t. 1
../
(new) Introduction
The Municipal Charter of the City, Article VIII Section 3, and the Ashland Municipal
Code as well as the Oregon Revised Statues govern many meeting requirements and
actions of the Council.
These policies and procedures are in addition to those identified and set forth as law.
(end)
1. (new)AUTHORITY
These operating policies and procedures are established and adopted under the
authority granted in the City of Ashland Charter, Article VIII, Section 3, and AMC
2.04.(end)
liP I,
I' '
2. MEETINGS 1I1I1u.l
2.1 Regular Meetings Ii!' '1I111!,.
The regular sessions of the council are on the fust1and third llU~~day of each month
unless otherwise arranged, beginning at 7:001~..m. t\1eetings M~ltequired to end no
later than 10:30 p.m. (modifies existing codb.~ilnotl~uiring a v6te to extend
. ) II II,'
meetmg "'.;
lnL
2.2 Adjourned Meetings qlll '.'.. 1!1I1111f1'
At any regular or adjourned meeting tl1F, nie~is:m P:W,tbe adjourned to a later date by
a majority vote of the counc,iJ. In the e~~:ptlany r~lar meeting is adjourned, the
mayor may resume the a,(jijHU!>.. meeting and notify each councilor personally, or
via e-mail at least 36 ~s in ..' ance of the time and place of such adjourned
meeting. Any city busiti~~..lI}~ "RRI"hte.d upon at an adjourned meeting. (modifies
existing code b~, ~Wg e~t,ing lartguage)
j1l ; ';;1' 1111.1.
2.3 Speci~'eting illl! Jlli'
A special me~ib~, may be ~rlled either by the mayor or three members of the council.
Notice of the tim~l~d placpe of such special meeting and the subjects to be acted upon
shall be delivered iH ~it'1bg or sent bye-mail to all members of the council at least 36
hours in advance of t}iKtime ofthe meeting, except in the case of an emergency, and
the council may consider and act only upon such matters as contained in the notice.
(modifies existing code by adding "except in the case of an emergency")
2.4 Study Sessions
The mayor or two members of the council may call a study session at any time with
36 hour notice for the purpose of informing members of the council as to city affairs.
(modfies existing by adding 36 hour notice)
(new)Study sessions are held so that council can confer with staff and other experts
on significant items under consideration that may eventually require official actions.
Council may not deliberate towards a decision but can give staff direction to prepare
materials and/or a recommendation for a regular council meeting. (end)
2
~.t. 1
2.5 (new) Executive Sessions
All meetings of the city council shall be held in open sessions, except meetings that
may be closed for those purposes specified in the Oregon Public Meetings Law (ORS
192.610 to 192.690). These purposes include the employment and dismissal of public
employees, the performance evaluation of the city administrator and city attorney,
labor negotiations, real property transaction negotiations, and consulting with legal
counsel on pending or threatened litigation.
Notice of executive sessions shall be given as required by state law and such notice
must state the specific provision of law authorizing the session.
The mayor and city councilors must maintain the confidentiality of the information
discussed in executive sessions. (end)
2.6 (new) Notice of meetings
Advance notice of at least 36 hours shall be provided for all meetings. Notice shall
be sent to a newspaper with general local circulation and posted on the city's website.
In the case of an emergency or when a state of emergency has been declared, notice
appropriate to the circumstances shall be provided and reasons justifying the lack of
36-hour notice shall be included in the minutes of such meeting. (end)
2.7 Quorum i;i 1[..", '
As provided in article VIII, section 4 d~th~:~iilIRhjll1er, the mayor and not less than
three councilors, or four cO~;7ilors, cO~l~tUte a 9furum and a simple majority of the
quorum present determi:q6S'T~"ction on~y motion, question, ordinance, or
resolution. Except, h,o#t~ver, t~~t on ques11pns requiring a two-thirds vote of the
council, as provid~d in t~~IRjt~~ffir; fPere sha~l be required an ~ffirma~iv.e vote of
at least fourcOwp.~~t.o e~.. '., '" ~s.e an.. y such speCIal powers. (modIfies eXIstmg by
removing thn~ction . . . . . t the' ~mef of Police sent to gather absent members)
rlll-....l .L 'll
! ..ql} ~n ~
2.8 Voting "11111 iill
When a qUestionl&m. otiop is put to a vote by the chair, each member present shall
vote for or against'U\ltl~lion unless the council excuses that member from so doing.
If thereafter the mayor or any member calls for a roll call vote, then each member
must vote. The mayor can only vote in the case of a tie, and then is required to vote.
(modifies existing by replacing "the motion" with "the same" second line)
2.9 (new) Emergency Meeting Procedures and Quorum
The city administrator is responsible for implementation of the Emergency
Management Plan. When the city administrator determines that a state of emergency
exists, the administrator will make a declaration to that effect and request the mayor
to call a special meeting of the council in order to ratify the declaration of emergency.
The special meeting of the council will occur as soon as possible after the declaration
of emergency. A quorum of the council may not be possible due to emergency
circumstances and is not required for the special meeting. Notwithstanding DRAFT
3
..,~.
...'1
AMC 2.3, notice ofthe special meeting can be made in the most expedient manner
determined by the Mayor and need not be 36 hours in advance.
2.10 Reconsidering a Vote
A motion to reconsider a vote can be made only once and at the session at which the
motion or matter was adopted, or at the next regular meeting of the Council, provided
that no vote to reconsider shall be made after the ordinance, resolution, or act has
been officially recorded, filed or transmitted or otherwise gone out of the possession
of the council (modifies by adding clarifying language)
2.11. Speaking on the Same Agenda Item
No member shall speak more than once until every member choosing to speak shall
have spoken or waived their right to do so. No member sh~1' speak more than twice
on the same question without leave of the presiding offi~p~, bxcept in informal debate.
(modifies by removing "interlocutory") llllllll!!
ill, ':;11"
~ .. ; ~
(new) Councilors shall limit their remarks on aq,;l~u1Jject to'~,minutes unless
granted additional time by the majority oft~~!~ouncil. No co~ijHI,rtembers shall be
allowed to speak more than once upon any stij~ su#jn~t, untIl ewery other member
choosing to speak has spoken. It is the duty o{U\~lnJtayor to ensure that each council
member has the opportunity to spe~(end)lllllli
2.12 Robert's Rules of Order ';:;Pilnll 1,1
Roberts Rules of Order shal\\~e authoritY"i8r the ~emment of the council during its
sessions, when not in CO)id1f~,ti".th the city charter and these code rules. Failure to
strictly follow RobeI1~i1t~les 0, rde,r, Sh" a~;not be cause to void or otherwise disturb
a decision or action oftn\!l~ J~H1i'n.~,RdUncil will strive to be clear in its
proceedings. (~~fi,by a,:, g the'hist two sentences)
2.13 (new)City Attorney as Parliamentarian
The city attorney is designated as parliamentarian for the council. Questions of
parliamentary rules may be referred to the city attorney for interpretation. The final
ruling rests with the presiding officer. (end)
3 AGENDAS
3.1 The city administrator is responsible for the preparation of the council agenda.
(AMC 2.04.040 F).
(new) Matters to be considered by the council shall be placed on an agenda to be
prepared by the city administrator from the following:
1. All items considered by the council from study sessions, which require official
action of the council.
2. Items brought forward during "other business from council" during a regular
meeting and approved by a majority of the council. Once the request is approved,
direction will be given to staff to prepare appropriate materials and the item will be
4
r~'
placed on a future agenda as new business. If council needs to take action on the item
prior to the next meeting, they may waive the requirement to place the item on a
future agenda.
3. All items which are required by law to be presented to the council.
4. All other items that the City Administrator, City Attorney or Mayor present to the
council for action. (end)
3.2 Postponing Agenda Items
(new)If a councilor will be absent from an upcoming regular meeting, the councilor
may request during a regular meeting that consideration of an agenda item be
postponed to a future regular meeting. The request will be honored if the majority of
the council votes in favor of postponement and the matter is not time sensitive.
If the request to postpone is made outside a regular council meeting, the councilor
requesting the postponement shall submit a request to the Mayor or City
Administrator in writing or by email as early as possible. The request to postpone
will be honored unless: the agenda has already been publicly noticed and distributed
and/or the matter must be acted upon at that meeting due to deadlines or other matter
of timing.
Request to postpone will not be honored if the request is due to a councilor
emergency.( end)
3.3 Council Packets
Written materials, from councilors, staff and citizens, related to agenda items must be
submitted to the city administrator's office no later than 12:00 six days in advance of
the council meeting for which it is intended. Materials submitted must include
author's name and address. (end)
3.4 (new) Study Session Agenda Preparation
The City Administrator prepares the agenda for the study sessions from:
1. Items requested by the Mayor and members of the council to be listed on the
agenda.
2. Items deemed appropriate by the City Administrator.
3. Business from the council pertaining to committee reports and other business.
Items appearing on the council study session agenda shall be assigned a time limit
and the mayor shall hold discussion to within the time, unless the consensus of the
council is to extend the time limit until an issue or item is discussed and resolved.
( end)
4 CONDUCT OF MEETING
4.1. Presiding Officer. The mayor, or in the mayor's absence, the chair of the council,
shall preside at the meetings of the city council. In the absence of these officers at any
meeting the councilors present shall appoint a chair pro tern and proceed with the
5
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meeting. Any councilor acting as chair may vote on all motions other than appeals
from decisions made while acting as presiding officer.
(new) The presiding officer shall be responsible for ensuring order and decorum is
maintained. Attendees and speakers are required to strictly abide by the directions of
the presiding officer. Behavior or actions that are unreasonably loud or disruptive
shall be cause for removal from council meetings. Failure to abide constitutes
"disruption of a lawful assembly" as provided in ORS 166.025( I )( c). Disruptive
behavior includes engaging in violent or distracting action, making loud or disruptive
noise or using loud or disruptive language, and refusing to obey an order of the
presiding officer. Signs are not permitted and will be considered disruptive.
The presiding officer may set time limits on agenda items (end)
5. ORDER OF BUSINESS i . , .
The Mayor or presiding officer may change the ord~r of~ffl?ess on the agenda.
The required order of business has been establi~l1ed by ordinlfu!:fe (modifies existing
by adding first sentence) as follows: ! q Ii '
I \l, ' :
1. Roll Call 'lilli,
, 'qlll1
2. Approval of minutes of the previ~J#I~fjng. Ift&~~'are no corrections or
objections to the minutes, th. ey shall b~fori~~..; a~proved; otherwise, to be
approved by vote. The min~tes as appr~y~' sh~l~We signed by the mayor and city
recorder. (modifies by ~~dl~q t senten~)
,illill lip'
~~;::~~;SM!~!!~!;2~~;=~~~~~:~E;:nda is
communi~foclamatia~~ish~e made and placed on the agenda at the discretion
~~~~~Y~:'~s;~:~recognition under this agenda item should he submitted in
<!IIII rll
4. Consent agenda. (n~) Routine business items may be listed by the City
Administrator under this item, which shall be acted upon in its entirety, except that
the Mayor or any member of the council may request that any item be moved to the
regular agenda under the appropriate section of business. (end)
5. Public hearings shall conclude at 9:00 p.m. and be continued to a future date to be
set by the council, unless the council by a two-thirds vote of those present, extends
the hearing(s) for one-half hour until 9:30 p.m. at which time the council shall set a
date for continuance and shall proceed with the balance of the agenda. Not more than
two land use appeal hearings shall be scheduled for any regular meeting of the
council. The City Administrator may, in the administrator's discretion, schedule
additional legislative hearings depending on the anticipated length of the council
meeting.
6
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(new) Persons wishing to speak are to submit a "speaker request form" prior to the
commencement of the hearing and deliver the form to the city recorder. The Mayor
or presiding officer is to inform the audience of this requirement to submit the form
prior to the commencement of the hearing. (end)
6. Public forum. (new) Public forum is an opportunity for the public to comment on
items not included on the agenda. The agenda for public forum is 15 minutes, unless
a majority of the councilors present vote to extend the time. Persons wishing to speak
are to submit a "speaker request form" prior to the commencement ofthe forum and
deliver the form to the City Recorder. The Mayor or presiding officer is to inform the
audience on requirements for submission of the form.
Members of the public may speak about any topic during the public forum, except: if
the topic is on the agenda for the same meeting. If a member of the public wishes to
speak on an agenda item or public hearing item they may do so at the time set aside
for those topics.
Public forum is not to be used to provide or gather additional testimony or
information on a quasi-judicial matter
The Mayor will set time limits for people who ask to speak during public forum. In
general the time limits should be set to enable all people who wish to speak to
complete their testimony. Time limits shall not be so short as to not allow speakers to
address their topic.
When possible and feasible, preference will be given to individuals who reside within
the city limits. Persons who do not reside in the city may be placed at the end of the
list of those wishing to speak at public forum. (end)
7. Unfinishedl1i#~ness HI
8. New and miscHt~5. eou~ll:)usiness
9. Ordinances, reso . ~JiS and contracts.
9.1. Every ordin ...... e is to be enacted in accordance with Article X of the city
charter. (new)Copies of the ordinance shall be e-mailed to council members and
the mayor at least fourteen days prior to the meeting. Council members may
review the ordinance and forward suggestions for changes to the city attorney for
consideration. Minor changes may be incorporated, substantive changes will be
considered at the time of first reading. Any substantive changes to the ordinance
must be verbally noted at first reading. Council members must submit comments
to the city attorney no later than 12 noon on the Wednesday prior to council
meeting
Titles of lengthy ordinances will be published in the local paper at least seven
days in advance of the council meeting thus allowing the ordinance to be read by
title only at the council meeting. (end)
7
r.,
9.2. Resolutions shall be placed on the consent agenda. (modifies existing by
placing resolutions on th~ consent agenda)
9.3. The voting on all ordinances shall be by roll call vote and recorded in the
minutes showing those numbers voting for and those voting against. (modifies
existing by deleting resolutions)
10. Other business from Council members
At the first meeting in January, after the roll call, the presentation of the Mayor's
address shall be first in order.
6 IDENTIFICATION OF FISCAL IMPACT OF POLICY DEC"ISIONS
- -
6.1 At such a time as the council adopts a new prograpl;~IPolicy with significant
revenue implications, it shall offer clear direction td*ity s~~K;md to the budget
committee as to how the new program or polic~IJf!ito be fund~1
!, 'III;
6.2 When the city council adopts such a pr<iWhm or~olicy, it shalt indicate how it
expects that program or policy will b.e..funded; '~J~tlrhi. ch existing taxes or fees the
council expects to increase and by hq;wmuch, or WIllfihcurrent city programs or
de~artment expen~itures the c~uncil !~~frl~~ red~ce!~'[und the n~w pro~ram or
~ohcy. H~w~ver, If the councIl cannot!reasqhqRfNI.f!~htIfy a potential fundmg source,
It shall so mdlcate. I ,Ii I ':1
!11r!llllllh Iii I'
6.3 As used in this s~{Jti~n the *m IIprog~ or policy with significant revenue
imp~ications" .inclu~es ~Iij!~l"~~~esolution in which implementation may
entaIl expend.l.t~nmRnlfWY o. .~l t year'in excess of one and one-half percent (1.5%) of
the city's arn.lld11' GeneHiJI'flun' t, and which may require increasing existing
taxes or f~l~f impositio~~fne, taxes or fees.
illh III
6.4 The provisio&lf1fthisj~ction shall not apply to extraordinary expenditures in
situations of, or ne~U$s.....iUl~ed by, public emergencies.
'Ill'
,
7. RIGHTS OF CITIZENS
All matters of business, propositions, request, petitions, remonstrance, or any
question whatsoever which a citizen, or any society or organization of citizens,
severally or by committee, may desire to present for consideration of the council shall
be reduced to writing and filed with the city administrator for presentation to the
council. The council shall accord a hearing to any person in explanation of the matter
or business so filed and presented. Provided, however, when the floor is accorded
any citizen for such purpose, the chair may then or later notify the speaker of the
amount of time, which the citizen will be allowed.
8. (new) CONDUCT WITH CITY EMPLOYEES
8
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Never publicly criticize an individual employee. Councilors should avoid being
involved in all personnel issues. Council should never criticize or express concerns
about the performance of a city employee in public or to the employee directly. This
could be construed as an oral reprimand and could violate the rights of the city and
employee disciplinary procedures and has personal liability risks for both the
councilor and the city. Councilors should express their concern privately to the City
Administrator or City Attorney. (end)
9. (new) COMMITTEES, COMMISSIONS and BOARDS
The City has established several commissions, committees and boards as a means of
gathering more community input. Citizens who serve on commissions, committees
and boards become more involved in government and serve as advisors to the city
council. They are a valuable resource to the city's leadership and should be treated
with appreciation and respect.
9.1 All committees not required by State law to be aW>pointijijj py the council shall be
appointed by the Mayor with the consent of thejcBtmCiI, eX~~ltpe Audit Committee
(Resolution 2003-07) , or in the Mayor's ab~$l#te, ~. ... a.PPointriiUfftlneceSSary may be
made?y the presiding officer, with the conS~~ft~jcpuncil. Aller the standing
commIttees have been formally announced theYI~ot be changed except at a regular
meeting of the council and by a maj~t..y vo.te. oftH~Im~...Ill~ers p~esent. (AMC
2.04.080, 2.04.081) The terms of al}\tJ1ijiU"~rs shall ~fQn Apnl 30.
II.. Illll!,. i
...t. f il' .
9.2 Membership on Ashland Budget cJ~tt~~ I
For the purpose oflocal,btlll~~tll,aw, the ~~yor is a member ofthe governing body of
the Ci~y of Ashland. (~C 2.~n;140) and ,!~la voting member ofthe budget
commIttee. (end) 111..jQjll,tllllllllllllll'
Il"i!. litH.,
,""'"." Aq'
II'P" ;,,'ph ',t,
9.3 Student Mt!mbersMP.mp C~ssions and Committees
The mayopr%tp the coniU~l of t*l~ouncil may add to the membership of any city
commission, tinltf? two po'ons for student liaisons, whether such commission or
committee was e'!U1blishedlby ordinance or resolution. The student liaisons shall be
non-voting ex officiijlmp~bers of their respective commissions or committees. Once
the liaison positions hll~e been added, the liaison from the high school shall be a high
school student chosen by the Ashland High School Leadership class and the liaison
from the university shall be a university student chosen by the Associated Students of
Southern Oregon University Student Senate. The requirement of sections 2.04.080
and 2.04.081 shall not apply to the students chosen under this section.
10. PLACEHOLDER Council Conduct with Commissions, Committees and Boards (to be
reviewed by the council committee on commissions)
11 (new) COUNCIL LIAISONS
Councilors serve as liaisons to commissions, committees and boards according to
appointments made by the mayor, and in this role are expected to represent the full
council in providing guidance to the group. In all other instances council members
9
rA1
may attend board, commission or committees meetings as individuals and should
follow these protocols. If attending a board, commission or committee meeting,
councilors will identify their comments as personal views or opinions not a
representation of city council policy. (end)
12. (new) COUNCILOR EXPENSES
The city will reimburse a councilor or the mayor for expenses that are directly related
to city business in accordance with the city's reimbursement policy.
Councilors are required to submit an annual Statement of Economic Interest to the
Government Standards and Practices Board as required by ORS 244.050 et seq. (end)
13.(new) AMEDMENTS and ADDITIONS to OPERATING PROCEDURES and
POLICIES
13.1 Suspension of Operating Procedures
Unless otherwise superseded by law, any part ofthese operating procedures and
policies may be temporarily suspended by a majority vote of those members of the
council present and voting. (end)
Adopted by the Council on
qi!p I ^
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, ~ i
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IHU'
i
2od~llllllli' '
'q ,i
i,1111i
"
dll!I!lIIIII!h
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,inFII' !'i
11111, dllllnl!Hlh ^
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ii,
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p:
,
Mayor
10
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DRAFT
Council Guidelines
Gentlepersons Agreement
Reflects copy submitted by Alice Hardesty and revised copy per group direction.
These items were deleted from Rules.
1). Draft ordinances: Councilors should try to accomplish any editing of draft ordinances
before the meeting by consulting with staff. If Council gets bogged down, consider
giving staff clear instructions that they should follow in crafting exact wording. (See
section 5.9.1 in current draft rules.)
2) Land Use Public Hearing: Be conscious that extensive qu<<!Miibning of applicants in
land use public hearing can delay public input and lead tH!~~tllinuation of hearing to a
later date, with th~ result that .public inpu~ can be for~o~n ~~~~~cious time expensed.
Try to keep questions as succmct as possIble. 1;,11,1" -'1lil
i i 11111 f
3) Requirements of Staff: Councilors who hav'~!ll+m:k r~~W(sts of staff should direct the
request to the City Administrator (or to the City A~~y for legal-related requests) and
n~t make the r~quest di~ectly to staff. ~s.pr.oce~. s as~~,~h~.City Administrat~r.and
CIty.Att?mey m managmg sta~fworkl~a~W~n~~~~g ~or fUlsIgnments ~d aVOIdmg
duplIcation of efforts. If the CIty AdmmI~ato~~dtl~l~i~ omey determmes that the
request will require more than t~o hours of1tn'otk, th~lrequest must be approved by the
full council. Councilors whpiliMijijlHuestions'Rf staff regarding existing work or projects
are encouraged to speak <~n~!~ tdi~taff for cl~fication.
\!Ill i11li11ll1l!!1I!'jr'
:~,;;';:~S~:~~ll.'~~. ~ ;!t~t:~i=an~v~~~:~:rU~~\~U~:i~~~~I~~: it
is counterpr09rl~i~~ to atta~itI~~ public.
;~f~t~1=b~~;~~~leW;::':~~~::~~:'~1~p~~~~i~~' r~~::~~~g a
6) Councilors attending other meetings, either as liaisons or individuals should accord the
same respect towards the chair and other members as they do towards one another and
the Mayor or presiding officer at council meetings.
7) Council members speak only for themselves and shall be open, direct and candid. They
work to keep discussion moving, and call upon the chair to keep the discussion moving if
the discussion becomes bogged down.
11
~~,
CITY OF
A.SHLAND
DRAFT
February 1, 2007
This draft includes existing AMC council rules and new copy and modifications to the
existing rules identified at meetings on 10/04,10/24,11/17,11/28,12/11,1/8/07 and
2/1 /07
All new copy is identified at the beginning and at the end of each section of new copy
and modified copy is identified at the end of the modified copy.
Ashland City Council
Operating Policies and Procedures
Table of Contents
Title
Authority
Meetings
Conduct of Meetings
Order of Business 'L
Identification of fiscal Im~lffi~ ~ttolio~l~ecisions'
Rights of Citizens dll"'111III"illIllll
, " "
y--"
Conduct with City Emp~1!f!es'll
Committees, Commissions~I~,olatds
Placeholder Council Conduct ~Hh Commissions,
Committees and Boards
Council Liaisons Part 11
Councilor Expenses Part 12
Amendments and Additions to Council Operating Part 13
Policies and Procedures
Council Guidelines Gentle persons Agreement
P~ Page
Part 1 2
RElit m 2
I'
Part 3 4
Part 4 6
Part 5 8
Part 6 8
Part 7 8
Part 9 8
Part 10 9
9
9
10
11
1
~.t. 1
(new) Introduction
The Municipal Charter of the City, Article VIII Section 3, and the Ashland Municipal
Code as well as the Oregon Revised Statues governs many meeting requirements and
actions of the Council.
1. (new)AUTHORITY
These operating policies and procedures are established and adopted under the
authority granted in the City of Ashland Charter, Article VIII, Section 3.end)
2. MEETINGS
2.1 Regular Meetings
The regular sessions of the council are on the first and thirg Tuesday of each month
unless otherwise arranged, beginning at 7:00 p.m. Meetiftgs are required to end no
later than 10:30 p.m. (modifies existing code by not r~tN~ing a vote to extend
meeting) 'i i,
2.2 Adjourned Meetings :
At any regular or adjourned meeting the meeting m~ :qe adjourned to a later date by
a majority vote of the council. In the event any~lar meeting is adjourned, the
~ayor may resum~ the adjourned miming ~d noti~i~..a. ch councilo~ at lea~t 36 hours
m advance of the tIme and place of su~h: a4~ourned mij~ting. Any CIty busmess may
be acted upon at an adjourned meeting':.: (m()difie~ ~xiisting code by updating existing
language)
2.3 Special Meeting
A special meeting may be,ealled eithfif:R1' the mayor or two members of the council.
Notice ofthe ti~~im1~l?lacel()fsuch's'pecial meeting and the subjects to be acted upon
shall be deliy~red to al11thembers 9cfthe council at least 36 hours in advance ofthe
I' . 'n
time of thel meeting, exce~~ :in the case of an emergency, and the council may
consider and aotip:nly upOliWuch matters as contained in the notice. (modifies existing
code by adding '<i~~ft~pt in, ~he case of an emergency")
2.4 Study Sessions
The mayor or two members of the council may call a study session at any time with
36 hour notice for the purpose of informing members of the council as to city affairs.
(modfies existing by adding 36 hour notice)
(new)Study sessions are held so that council can confer with staff and other experts
on items under consideration that may eventually require official actions. Council
may not deliberate towards a decision but can give staff direction to prepare materials
for a regular council meeting. (end)
2.5 (new) Executive Sessions
All meetings of the city council shall be held in open sessions, except meetings that
may be closed for those purposes specified in the Oregon Public Meetings Law (ORS
2
r~'
192.610 to 192.690). These purposes include, but are not limited to, the employment
and dismissal of public employees, the performance evaluation of the city
administrator and city attorney, labor negotiations, real property transaction
negotiations, and consulting with legal counsel on pending or threatened litigation. If
a councilor does not feel that an item should be in executive session they should state
so in the executive session.
Notice of executive sessions shall be given as required by state law and such notice
must state the specific provision of law authorizing the session.
The mayor and city councilors must maintain the confidentiality of the information
discussed in executive sessions. (end) Check state law re: last sentence.
2.6 (new) Notice of meetings
Advance notice of at least 36 hours shall be provided for all meetings. Notice shall
be sent to a newspaper with general local circulation and posted on the city's website.
In the case of an emergency or when a state of emergency has been declared, public
notice appropriate to the circumstances shall be provided and reasons justifying the
lack of 36-hour notice shall be included in the minutes of such meeting. (end)
2.7 Quorum .
As provided in article VIII, section 4H~fthe city ch~furr, the mayor and not less than
three councilors, or four councilors, <WHStitpte a quorlit>>iand a simple majority of the
quorum present determines the action qp arl~ ~Mon, question, ordinance, or
r~solution. On qUestions. re~~.i..~. i.. n g a twq-,.t hird~ vote of the council, as provi~ed in the
CIty charter, there shall Qfl +~qti~~ed an affirmatIve vote of at least four councIlors to
)I-,--!
exercise any such spe'€~.Row~~. If the rqH call shows no quorum present, as
define? by Sectio~ 4 of ~tfi~~i~IlI ?f~h13 'city charter, the councilors in attendance
may dIrect the C,hIefi qf Pohc~I'O notIfy the absent members, except those known to
be unavoida~~y detaine4;,that Hi"ifrpresence is required to enable the council to
proceed 'Yi(j~IQusiness. S~uld ~y then fail to soon appear the members present shall
adjourn to a dMi~lfixed by tHem.
Ii. I if
.., !
Check on charter .ffion of a quorum.
/'
2.8 Voting
When a question or motion is put to a vote by the chair, each member present shall
vote for or against the motion unless the council excuses that member from so doing.
If thereafter the mayor or any member calls for a roll call vote, then each member
must vote. The mayor can only vote in the case of a tie, and then is required to vote.
(modifies existing by replacing "the motion" with "the same" second line)
2.9 (new) Emergency Meeting Procedures and Quorum
The city administrator is responsible for implementation of the Emergency
Management Plan. When the city administrator determines that a state of emergency
exists, the administrator will make a declaration to that effect and request the mayor
to call a special meeting of the council in order to ratify the declaration of emergency.
3
~&,
The special meeting of the council will occur as soon as possible after the declaration
of emergency. A quorum of the council may not be possible due to emergency
circumstances and is not required for the special meeting. Notwithstanding DRAFT
AMC 2.3, notice of the special meeting can be made in the most expedient manner
determined by the Mayor and need not be 36 hours in advance.
2.10 Reconsidering a Vote
A motion to reconsider a vote can be made only once and at the session at which the
motion or matter was adopted, or at the next regular meeting of the Council, provided
that no vote to reconsider shall be made after the ordinance, resolution, or act has
been officially recorded, filed or transmitted or otherwise gone out of the possession
of the council (modifies by adding clarifying language)
2.11. Speaking on the Same Agenda Item
No member shall speak more than once until every rneinbnr choosing to speak shall
have spoken or waived their right to do so. No member shal~~peak more than twice
on the same question without leave of the presi~i1ig officer,eX;ilrpt in informal debate.
(modifies by removing "interlocutory")iii
(new) Councilors shall limit their remarks on ah~~Ubject to five minutes unless
granted additional time by the majoIi~y of the co~HijiJr; No council members shall be
allowed to speak more than once uP~Yl;~I~jngle sugj~pt; until every other member
choosing to speak has sp~ken. It is thel~,ut~:#Bthe;Wayor to ensure that each council
member has the opportumty t9 speak (eDAA);' ,
2.l2Robert'sRulesofl~fi?er I, . ,') . . .
Rob~rts Rules of O:der s~ge 1.~'\lthmnW for the government of the councIl. durmg Its
sessIOns, when~'?t!lt1IHP'nflIH~M'Ith the CIty charter and these code rules. FaIlure to
strict~Y.follo'1"IR?berts;~Ht~s o~~der shall no~ be.caus~ to void or ot~e~ise disturb
a decIsIOn,(1)~I~~tIon ofthaiWuncII. The councIl wIll stnve to be clear m ItS
proceedings. (nmPifies bylUading the last two sentences)
2.13 (new)City Attorney as Parliamentarian
The city attorney is designated as parliamentarian for the council. Questions of
parliamentary rules may be referred to the city attorney for interpretation. The final
ruling rests with the presiding officer. (end)
3 AGENDAS
3.1 The city administrator is responsible for the preparation of the council agenda.
(AMC 2.04.040 F).
(new) Matters to be considered by the council shall be placed on an agenda to be
prepared by the city administrator from the following:
1. All items considered by the council from study sessions, which require official
action of the council.
4
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2. Items brought forward during "other business from council" during a regular
meeting and approved by a majority of the council. Once the request is approved,
direction will be given to staff to prepare appropriate materials and the item will be
placed on a future agenda as new business. If council needs to take action on the item
prior to the next meeting, they may waive the requirement to place the item on a
future agenda.
3. All items which are required by law to be presented to the council.
4. All other items that the City Administrator, City Attorney or Mayor present to the
council for action. (end)
3.2 Postponing Agenda Items
(new)If a councilor will be absent from an upcoming regular meeting, the councilor
may request during a regular meeting that consideration of an agenda item be
postponed to a future regular meeting. The request will be honored if the majority of
the council votes in favor of postponement and the matter is not time sensitive.
If the request to postpone is made outside a regular council meeting, the councilor
requesting the postponement shall submit a request to the Mayor or City
Administrator in writing or by email as early as possible. The request to postpone
will be honored unless: the agenda has already been publicly noticed and distributed
and/or the matter must be acted upon at that meeting due to deadlines or other matter
of timing.
Request to postpone will not be honored if the request is due to a councilor
emergency.( end)
3.3 Council Packets
Written materials, from councilors, staff and citizens, related to agenda items must be
submitted to the city administrator's office no later than 12:00 six days in advance of
the council meeting for which it is intended. Materials submitted must include
author's name and address. (end)
3.4 (new) Study Session Agenda Preparation
The City Administrator prepares the agenda for the study sessions from:
1. Items requested by the Mayor and members of the council to be listed on the
agenda.
2. Items deemed appropriate by the City Administrator.
3. Business from the council pertaining to committee reports and other business.
Items appearing on the council study session agenda shall be assigned a time limit
and the mayor shall hold discussion to within the time, unless the consensus of the
council is to extend the time limit until an issue or item is discussed and resolved.
(end)
4 CONDUCT OF MEETING
5
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4.1. Presiding Officer. The mayor, or in the mayor's absence, the chair of the council,
shall preside at the meetings of the city council. In the absence of these officers at any
meeting the councilors present shall appoint a chair pro tern and proceed with the
meeting. The chair except the Mayor, may vote on all motions other than appeals
from decisions made while acting as presiding officer.
(new) The presiding officer shall be responsible for ensuring order and decorum is
maintained. Attendees and speakers are required to strictly abide the directions of the
presiding officer. Behavior or actions that are unreasonably loud or disruptive shall
be cause for removal from council meetings. Failure to abide constitutes "disruption
of a lawful assembly" as provided in ORS 166.025( 1)( c). Disruptive behavior
includes engaging in violent or distracting action, making loud or disruptive noise or
using loud or disruptive language, and refusing to obey an order of the presiding
officer. Signs are not permitted and will be considered disruptive.
The presiding officer may set time limits on agenda items (end)
5. ORDER OF BUSINESS
The Mayor or presiding officer may changet~~ orq~'qfbusiness on the agenda.
The required order of business has been establiig>>~l:l by ordinance in (modifies
existing by adding first sentence) as,tollows:
p...
I
1. Roll Call
2. Approval of minutes o. "ththtm~vious meeting. If there are no corrections or
~. <if
objections to the min\ltq~~ they !$pall be considered approved; otherwise, to be
approved by vote. The rfi~Wfl~~M'UlRP;wed shall be signed by the mayor and city
recorder. (modi~!bw..addiHgllast sen~el1ce)
, P""if!!lI!,'1i
3. Special presen. ...t....a. tions':I~tR.'cl~1:~i~~s and awards. (~ew) This ite~ on the agenda is
used to acknowl~dge spec~ recogmtIOn and awards gIven to the CIty or for the
Mayor to annouIt~JProcl<Hllations, which serve to encourage and educate the
community. ProclaHfhljohs shall be made and placed on the agenda at the discretion
of the Mayor. RequeSts for recognition under this agenda item should be submitted in
writing to the Mayor. (end)
4. Consent agenda. (new) Routine business items may be listed by the City
Administrator under this item, which shall be acted upon in its entirety, except that
the Mayor or any member of the council may request that any item be moved to the
regular agenda under the appropriate section of business. (end)
5. Public hearings shall conclude at 9:00 p.m. and be continued to a future date to be
set by the council, unless the council by a two-thirds vote of those present, extends
the hearing(s) for one-half hour until 9:30 p.m. at which time the council shall set a
date for continuance and shall proceed with the balance of the agenda. Not more than
two land use appeal hearings shall be scheduled for any regular meeting of the
6
~~,
council. The City Administrator may, in the administrator's discretion, schedule
additional legislative hearings depending on the anticipated length of the council
meeting.
(new) Persons wishing to speak are to submit a "speaker request form" prior to the
commencement of the hearing and deliver the form to the city recorder. The Mayor
or presiding officer is to inform the audience of this requirement to submit the form
prior to the commencement of the hearing. (end)
6. Public forum. (new) Public forum is an opportunity for the public to comment on
items not included on the agenda. The agenda for public forum is 15 minutes, unless
a majority of the councilors present vote to extend the time. Persons wishing to speak
are to submit a "speaker request form" prior to the commencement of the forum and
deliver the form to the City Recorder. The Mayor or presiding officer is to inform the
audience on requirements for submission of the form.
Members of the public may speak about any topic during the public forum, except: if
the topic is on the agenda for the same meeting. If a member of the public wishes to
speak on an agenda item or public hearing item they may do so at the time set aside
for those topics.
Public forum is not to be used to provide or gather additional testimony or
information on a quasi-judicial matter
The Mayor will set time limits for people who ask to speak during public forum. In
general the time limits should be set to enable all people who wish to speak to
complete their testimony. Time limits shall not be so short as to not allow speakers to
address their topic.
When possible and feasible, preference will be given to individuals who reside within
the city limits. Persons who do not reside in the city may be placed at the end of the
list of those wishing to speak at public forum. (end)
7. Unfinished business
8. New and miscellaneous business
9. Ordinances, resolutions and contracts.
9.1. Every ordinance is to be enacted in accordance with Article X of the city
charter. (new)Copies of the ordinance shall be e-mailed to council members and
the mayor at least fourteen days prior to the meeting. Council members may
review the ordinance and forward suggestions for changes to the city attorney for
consideration. Minor changes may be incorporated, substantive changes will be
considered at the time of first reading. Any substantive changes to the ordinance
must be verbally noted at first reading. Council members must submit comments
to the city attorney no later than 12 noon on the Wednesday prior to council
meeting
7
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Titles of lengthy ordinances will be published in the local paper at least seven
days in advance of the council meeting thus allowing the ordinance to be read by
title only at the council meeting. (end)
9.2. Resolutions shall be placed on the consent agenda. (modifies existing by
placing resolutions on the consent agenda)
9.3. The voting on all ordinances shall be by roll call vote and recorded in the
minutes showing those numbers voting for and those voting against. (modifies
existing by deleting resolutions)
10. Other business from Council members
At the first meeting in January, after the roll call, the presentation of the Mayor's
address shall be first in order.
6 IDENTIFICATION OF FISCAL IMPACT OF POLICY DECISIONS
6.1 At such a time as the council adopts a new program or policy with significant
revenue implications, it shall offer clear direction to city staff and to the budget
committee as to how the new program or policy is to be funded.
6.2 When the city council adopts such a program or policy, it shall indicate how it
expects that program or policy will be funded; e.g. which existing taxes or fees the
council expects to increase apd by how much, or which current city programs or
department expenditure~ ItlU! '~W1cil exp~ts to reduce to fund the new program or
policy. However, iqJutIHpunci~Fannot reart~mably identify a potential funding source,
it shall so indicate. q h,"I' 1 Ill! .
, ,j;' I
6.3 As used 'flltiir~j~ll~~~1v~e ~~,'~'program or policy with significant revenue
implication~tlincludes arii~):dinan(:e or a resolution in which implementation may
, '.1\ > "
entail expendl'ttl,tfi~,in" any, R,P hedget year in excess of one and one-half percent (1.5%) of
the city's annualltllRueral ~d budget, and which may require increasing existing
taxes or fees or impHmtjpl1 of new taxes or fees.
,pi'
6.4 The provisions of this section shall not apply to extraordinary expenditures in
situations of, or necessitated by, public emergencies.
7. RIGHTS OF CITIZENS
All matters of business, propositions, request, petitions, remonstrance, or any
question whatsoever which a citizens, or any society or organization of citizens,
severally or by committee, may desire to present for consideration ofthe council shall
be reduced to writing and filed with the city administrator for presentation to the
council. The council shall accord a hearing to any person in explanation of the matter
or business so filed and presented. Provided, however, when the floor is accorded
any citizen for such purpose, the chair may then or later notify the speaker of the
amount of time, which the citizen will be allowed.
8
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8. (new) CONDUCT WITH CITY EMPLOYEES
Never publicly criticize an individual employee. Councilors should avoid being
involved in all personnel issues. Council should never criticize or express concerns
about the performance of a city employee in public or to the employee directly. This
could be construed as an oral reprimand and could violate the rights of the city and
employee disciplinary procedures and has personal liability risks for both the
councilor and the city. Councilors should express their concern privately to the City
Administrator or City Attorney. (end)
9. (new) COMMITTEES, COMMISSIONS and BOARDS
The City has established several commissions, committees and boards as a means of
gathering more community input. Citizens who serve on commissions, committees
and boards become more involved in government and serve as advisors to the city
council. They are a valuable resource to the city's leadership and should be treated
with appreciation and respect.
9.1 All committees not required by State la'Y '0 be appointed by ~hp council shall be
appointed by the Mayor with the consent ofY~~ou-'i':ei]" except tWe Audit Committee
(Resolution 2003-07) , or in the Mayor's absenceh!WY appointment necessary may be
made by the presiding officer, with th~ consent ot~4~ i~ouncil. After the standing
com~ittees have bee? formally ~o'~~ l'fey c~~~!be changed except at a regular
meetmg of the councIl and by a maJon~ vote of the members present. (AMC
2.04.080,2.04.081) The terms of all m~bers shalT end on April 30.
ii I i
,. ., <
9.2 Membership on AshlW1d Btlpget Comttljttee
For t~e purpose....o.......f.......l...o........c..........a........I....~~~.r......t...llft>>lHmfilfl1~yor is ~ member of the governing body of
the CIty of Ashl~(\'i(AMC~4.140) ffild IS a votmg members of the budget
committee. (erlH)'Pii III '11
, :1 ~ : "
n' 'id"
,dIHL
9.3 Student M~pership o~Commission and Committees
The mayor withith~.conse.{ of the council may add to the membership of any city
commission, up toH4lM){)lsitions for student liaisons, whether such commission or
committee was established by ordinance or resolution. The student liaisons shall be
non-voting ex officio members of their respective commissions or committees. Once
the liaison positions have been added, the liaison from the high school shall be a high
school student chosen by the Ashland High School Leadership class and the liaison
from the university shall be a university student chosen by the Associated Students of
Southern Oregon University Student Senate. The requirement of sections 2.04.080
and 2.04.081 shall not apply to the students chosen under this section.
10. PLACEHOLDER Council Conduct with Commissions, Committees and Boards (to be
reviewed by the council committee on commissions)
11 (new) COUNCIL LIAISONS
9
='j. ,
Councilors serve as liaisons to commissions, committees and boards according to
appointments made by the mayor, and in this role are expected to represent the full
council in providing guidance to the group. In all other instances council members
may attend board, commission or committees meetings as individuals and should
follow these protocols. If attending a board, commission or committee meeting,
councilors will identify their comments as personal views or opinions not a
representation of city council policy. (end)
12. (new) COUNCILOR EXPENSES
The city will reimburse a councilor or the mayor for expenses that are directly related
to city business in accordance with the city's reimbursement policy.
Councilors are required to submit an annual Statement of Economic Interest to the
Government Standards and Practices Board as required by ORS 244.050 et seq. (end)
13.(new) AMEDMENTS and ADDITIONS to OPERATING PROCEDURES and
POLICIES
13.1 Suspension of Operating Procedures
Unless otherwise superseded by law, any part of these operating procedures and
policies may be temporarily suspended by a majority vote of those members of the
council present and voting. (end)
Adopted by the Council on
';"
Mayor
, '
" ~
; 1)
10
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DRAFT
Council Guidelines
Gentlepersons Agreement
Reflects copy submitted by Alice Hardesty and revised copy per group direction.
These items were deleted from Rules.
1). Draft ordinances: Councilors should try to accomplish any editing of draft ordinances
before the meeting by consulting with staff. If Council gets bogged down, consider
giving staff clear instructions that they should follow in crafting exact wording. (See
section 5.9.1 in current draft rules.)
2) Land Use Public Hearing: Be conscious that extensive q}.ll~sti(ming of applicants in
land use public hearing can delay public input and lead to dijhtinuation of hearing to a
later date, with the result that public input can be forgo~n and iJlfecious time expensed.
Try to keep questions as succinct as possible.
,It u
3) Requirements of Staff: Councilors who have'vt;~fk r~H~sts of staff should direct the
request to the City Administrator (or to the City Att\)1ttley for legal-related requests) and
not make the request directly to staff. 'f,~\S process as~i~ the City Administrator and
City Attorney in managing staffworkloa~~,I~/:lhking wor~~signments and avoiding
duplicatio.n of ef~orts. If the City Admini~at6~1(j~ ~Hri Attorney determines that the
request wIll reqUIre more than two hours of\~ork, tht;H-equest must be approved by the
full council. Councilors whphavqlR.uestionsl~f staff regarding existing work or projects
are encouraged to speak dit~~tly td~taff for cr~fication.
Ii! q' p
11 . .tiLhlii".'
, 11.1 '''II!!HHI''
4) Courtesy: All councilors, ComJIlissionets, Staff and members of the public should be
~ourteous with e,a~h other!i~~p ~~n-1paey ~isagree. Everyone should be reminded that it
IS counterpr09uGtwe to attaCRl~hers,lin publIc.
I"
II
5) Public Positions: When dealing with the public or other public agencies, councilors
'11
should be clear about Wl,~'hey are speaking for themselves as opposed to representing a
position taken by the entire council.
';;
I
6) Councilors attending other meetings, either as liaisons or individuals should accord the
same respect towards the chair and other members as they do towards one another and
the Mayor or presiding officer at council meetings.
7) Council members speak only for themselves and shall be open, direct and candid. They
work to keep discussion moving, and call upon the chair to keep the discussion moving if
the discussion becomes bogged down.
11
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DOCUMENTS SUBMITTED AT THE
APRIL 4, 2007
CITY COUNCIL MEETING
RESOLUTION NO. 2007-
A RESOLUTION SUPPORTING HB 2761
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
Whereas, the City of Ashland values its rights under Home Rule charter, and specifically, the
ability of its electorate to choose the method by which local officers are elected; and
Whereas, the Oregon State Constitution expressly permits preference voting as a method for
elections, and
Whereas, Instant Runoff Voting (IRV) is a specific example ofa preference voting method, and
Whereas, municipalities have been discouraged from adopting IR V for lack of State Statutes that
describe counting rules for IR V ballots; and
Whereas, HB 2761 expressly allows for municipalities to adopt IRV and describes the rules by
which IR V ballots would be counted;
SECTION 1.
Mayor and City Council do hereby support HB 2761 and direct Staff to notify State legislators of
our support, urging a YES vote on HB 2761.
SECTION 2. This resolution takes effect upon signing by the Mayor.
This resolution was read by title only in accordance with Ashland Municipal Code Section
2.04.090 duly PASSED and ADOPTED this _ day of April, 2007:
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of April, 2007:
John W. Morrison, Mayor
Reviewed as to form:
Michael W. Franell, City Attorney
DRAFT RESOLUTION IN SUPPORT OF HB 2761
04/03/2007
Whereas, the City of Ashland values its rights under Home Rule Charter, and
specifically, the ability of its electorate to choose the method by which local officers are
elected; and
Whereas, the Oregon State Constitution expressly permits preference voting as a method
for elections; and
Whereas, Instant Runoff Voting (IR V) is a specific example of a preference voting
method; and
Whereas, municipalities have been discouraged from adopting IRV for lack of State
Statutes that describe counting rules for IRV ballots; and
Whereas, HB 2761 expressly allows for municipalities to adopt IRV and describes the
rules by which IRV ballots would be counted;
Therefore, be it Resolved that the Mayor and City Council of Ashland do hereby support
HB 2761 and direct Staff to notify State legislators of our support, urging a YES vote on
HB 2761.
.-
I _ support _J~~bjcct the Schoficld/!'.101lte Vista UD a~ pmpos.ed
l...pr>
nate: L!7a-L),'!62_, 2007
( .
'.-1//" /" 1\ I.
.LLh,c.. Ii . L.)~:~)-"\.~,'-~lgnature
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l1J ~.yr' .(:L,,- 0 'LT..L':0~~ Printed Name
~.;2.CY.)O__Tax Lot .,~"~15sESS /If\ tztjT Itil)] () IMJ I '=' rj (;J.G) 5...-)' ;2. 0 c')
ii::. :7'?i. ::. wncr:
~,rp... ____Si.gn;1ture
S[i~t1_t1i__D~.( f ~..L.1.__Printcd Name
2'd
E:SL 1: BOy as 1
ao.mog U 1 ew al..ll.
1<:'92:t1 LO Lc ...Iew
) /1
//J/o y"
I am a resident at 445 Schofield Street, project. I am opposed to the proposed "road and sidewalk
improvements" for several significant reasons, ranging from aesthetic to environmental to fiscal prioritization:
1) One of the things that makes this street so nice is the natural feel and appearance, due to the natural
vegetation, the unpaved road, and the lack of sidewalks.
2) Do we really want to become another cookie-cutter community, and to force each neighborhood to
conform to the average American model of manicured, paved-over, squared-off surfaces? Let's find
another way to address our neighborhoods, and maintain the uniqueness and diversity of streets within
Ashland and of Ashland as a whole
3) The proposed pavement of roads and sidewalks would significantly increase the amount of black and
paved surface along our street, which has several negative (and cumulative city-wide) environmental
impacts. It would
i. significantly increase absorbed heat and ambient temperature in our
neighborhood in the hot summer
1. months; reduce ambient moisture;
ii. add to use of power and water for cooling and gardening; and
iii. increase the amount of runoff and reduce the local groundwater.
4) To leave the road unpaved would help in maintaining a cooler and more moist environment, for humans,
animals and plants alike, and in maintaining groundwater levels. The more natural our environment, the
healthier, and the less we contribute to environmental degradation.
5) Paving this steeply inclined road would add to the occurrence of frozen, icy surfaces on cold days and
nights in winter, making the street more frequently undrivable -- which greatly inconveniences the
residents as well as service vehicles such as postal and delivery trucks, police and utility vehicles.
Apparently this has been a major problem on Strawberry Lane which was paved in recent years, and on
other hilly streets. The postal delivery woman on our route has stated so, based on her daily travels
over our neighborhood streets. Similar1y, paved sidewalks would pose an icy hazard to people,
especially older people, walking.
6) Paving could encourage more traffic and higher speeds on this residential hilly street with quite a few
young children residents.
7) Sidewalks are absurdly unnecessary on our quiet side streets. What little foot traffic there is now is from
people walking leisurely in appreciation of the increasingly rare natural environment.
8) Any problematic issues such as dust raised by traffic, or possible runoff from the above development
causing gravel deposits, can be addressed in much less costly and much more environmentally friendly
ways, such as applying natural substances to the road periodically, or installing a surface water diverter.
There must be some of these approaches that have not been considered, some of them have been
used successfully in limited ways in the past, and there surely must be some newly developed
technologies that have not been researched. At the very least, all these approaches should be fully
researched and applied in a systematic way, rather than in the limited, piecemeal or outdated way
they've been used in the past. Once the pavement is put in, there's no taking it out. We owe it to our
children and other future residents and visitors to Ashland to maintain as much as possible our rapidly-
disappearing natural environment.
9) Finally, to spend the amount of money required for this project would be extremely irresponsible - given
the context of current and recent cutbacks in services, and the urgent need for funds for far more
important priorities - the library, schools, fire and police departments, etc. It is incumbent upon us to
allot our financial resources - both public and private - to address those needs.
In summary, the proposed changes to Schofield Street and Monte Vista Drive are both unnecessary and fiscally
and environmentally irresponsible; they would degrade the aesthetics of our uniquely natural and beautiful
streets and subvert the priorities we need to uphold. Any possible problems the unpaved roads pose should be
addressed in an alternative, comprehensive way rather than by making the proposed destructive and
irreversible changes. Let us honor the values that Ashland represents to its residents and to the thousands of
people who visit here every year, and find another solution - for our climate, for our connection with nature, for
education, libraries and public safety. If we're to spend $387,000 as a community, let's put that money where it
rightly belongs.
Yours truly,
Yehudit Platt, L.Ac.
Scofieldl Monte Vista LID Quasi-Judicial Hearing, Tue 2007 April3
art bullock
Council is asked to reschedule this hearing to allow the parties to remedy extensive quasi-judicial errors
occurring in last night's improper quasi-judicial discussion on ScofieldJ Monte Vista LID ("Scofield LID").
1. Council improperly held a quasi-judicial hearing on Mon, 2007 Apr2 without public notice. The study
session on LID policy scheduled for 2007Apr2 became a discussion of Scofield LID issues, which was noticed and
scheduled only for quasi-judicial hearing on 2007 Apr3. Last night's discussion was improper and seriously
prejudiced the parties' rights to a procedurally fair and impartial quasi-judicial process. It's not possible on 2007 Apr3
for the parties to review and rebut the 2007 Apr2 hearing due to lack of opportunity to review the OVO and discuss its
accuracy and misrepresentations. The only known remedy is for council to reschedule the 2007 Apr3 hearing to
allow parties to review and rebut the OVD showing many Scofield LID issues discussed improperly on 2007Apr2.
2. The 2007 Apr2 hearing didn't disclose ex parte contact, conflicts of interest, or bias, or allow any party to
dispute same. Scofield LID issues were extensive and embedded in councilors' views of LID policy, City's votes for
the Scofield LID cemetery, calculation of support/remonstrance percentages, who pays the cemetery LID
assessment and effect on neighbors and taxpayers, boundaries involving those not attached to the LID, councilors'
view of 'pave-all-streets' policy, formula for financial participation, role of developers, remonstrance process, LID
divisiveness for neighborhoods, etc.. Instead of providing the legally required opportunity for procedural objection,
the session generated more ex parte contact and bias, for which the parties haven't had opportunity to review or
prepare a response. This major error also means the 2007Apr3 session should be rescheduled to allow the parties
adequate time to discuss and present rebuttals to ex parte and bias occurring at the 2007 Apr2 hearing.
3. It was not possible to timely acquire and submit the physical copy of the 2007 Apr2 DVD for the 2007 Apr3
hearing. Author wants to submit the physical copy of the DVD for Scofield LID and lacked adequate opportunity to
acquire and submit it. Council is asked to add to the record the entire DVD for the 2007 Apr2 session, or to provide
opportunity for the parties to submit the DVD of that hearing as part of record evidence for Scofield LID, once the
parties have opportunity to copy.
4. The improper 2007 Apr2 hearing OVO video was produced by a property owner proponent in Scofield
LID. In 2 separate cases, before different judges, author demonstrated in circuit court that RVTV video of council
sessions is the controlling document to resolve factual disputes for council's quasi-judicial hearings. (1) In Nevada
St LID, alleged minutes inaccuracies by city recorder Barbara Christensen led to a Court order for City to submit
DVD videos of key council sessions. After the order, Christensen erased a critical video tape and lost another one.
Court used available DVDs to resolve factual disputes. (2) In the Park St Apts LLC planning action case, Court, City,
Relator, and Intervenors all agreed that the DVD video was the controlling document to resolve questions of fact for
related quasi-judicial hearings. The Court then used the DVDs to resolve factual disputes.
For Scofield LID, council's DVD video for 2007Apr2 was produced by RVTV Director Pete Belcastro, who solely
operated cameras and microphones during council's session. Belcastro is a property owner in Scofield LID and a
signed proponent FOR the LID. Scofield LID was not listed on the study session agenda, so ifs probable that
Belcastro didn't know Scofield liD would be discussed. Given this DVD video is the controlling document to resolve
factual disputes, of which we have several, the parties are entitled to an impartial operator producing the video used
to resolve the disputes. City recorder's audiotape is inadequate because historically it has poor sound, has many
unintelligible sections, has a long section missing when the tape is turned over, and is positioned next to a noisy
computer with no microphone attachment to the audio system.
The parties are entitled to an impartial record of the improperly held quasi-judicial hearing, which at this point is
not possible. Again, the only known remedy is for council to re-notice and reschedule the hearing, with the
stipulation that no party involved in the LID case be involved in producing council's record, and provide the parties to
opportunity to determine accuracy and completeness of the 2007Apr2 video and audio record.
5. Allegation: Council has been improperly biased in its discussion of percentage support and opposing
due to improper actions of Public Works Department. A Public Works employee told at least 1 property owner
that if they don't support the LID, Public Works will use their discretion to require the property owner to pay the entire
amount for street improvement when they want to subdivide their lot into 2 lots. This is improper manipulation of an
LID vote by coercion and threat of massive financial damage. Public Works is forcing the properly owner(s) to
improperly choose between paying $10,000+ through the LID lien (and encouraging others to do the same), or
paying the entire amount (Scofield LID is about $380,000) to pave the street as a condition for approval to subdivide.
Council and mayor, through one or more subordinates in Public Works Department, have now indirectly coerced a
property owner to support Scofield LID based on improper threat of financial damage and an improper condition for
subdividing a lot.
This causes Ashland taxpayers to pay 75% of Scofield LID, while Public Works maintains that a planning
application would require as a condition. This improperly shifts the bulk of the financial burden from those wishing to
develop the property to neighbors and City taxpayers. This has led to a grossly unfair distribution of costs for this
LID between those benefiting and City, thus taxpayers.
Council has now been improperly biased by Paula Brown's incorrect representation of the support-opposition
percentages as a result of this coercion and unethical threat. The parties have a statutory right to an impartial
quasi-judicial decision without threats and coercion, directly or indirectly. The remedy for this bias is (1) for Council
to clarify on the record that: (a) No such condition exists for this or any other property owner in Scofield LID. (b) No
one in Public Works has authority to make such a threat or claim, or to make deals or promises in exchange for LID
support. (d) Every property owner is free to support or oppose this LID without City penalties or promises.
(2) The remedy's second component is for Council to reschedule this public hearing for the property owners to
independently decide without this threat and coercion whether to support or oppose the LID. Without this 2-lot vote
supporting to avoid higher future costs, this LID would probably have a 2/3 remonstrance, 12-7 rather than 10-9.
6. Councilor David Chapman has actual bias and should be recused. At the 2007 Apr2 hearing, Chapman
claimed that LID property owners got it easy because he had to pay $8,000 for a sidewalk at his house because the
developer hadn't done it and should have. He demonstrated an angry resentment to LID property owners, which he
has also shown in the past. He compounded the bias by claiming City shouldn't be required to follow City's Street
Standards Handbook, which is governing law for this and other LIDs. He claimed that neither he nor his neighbors
used the sidewalk, and instead walked in the street, so neighborhoods shouldn't have to follow street standards.
Chapman showed actual bias in using his position in city government to work against neighborhood interests in
Nevada St LID. He also has a personal bias and history of angry attacking outbursts in public against the author,
who is one of the same parties involved in Scofield LID though not an LID property owner. All parties are entitled to
impartial decision-makers, not someone who self-identifies on City's web site as a 'contrarian' and who has a history
of bias against those who opposed to LIDs. "The Oregon Supreme Court has held bias exists when a decisionmaker
is predisposed to interpret the law in a particular fashion II 1000 Friends Of Oregon v. Wasco County Court, LUBA
No. 81-132, 1986.
7. Councif is biased because it is ruling on its own LID property. The parties are entitled to an impartial
decisionmaker, yet in this LID, City is judging itself, which isn't allowed under Oregon law. The small Scofield LID
includes a cemetery that City decided gets 4 LID votes and assessments because the graves could be dug up and
the cemetery subdivided into a 4-lot housing project. This was a significant change from the 1-lot claim 2 years ago.
This situation has had a chilling effect on the LID it makes it difficult to impossible for the neighborhood to achieve
the 2/3 remonstrate threshold with City voting for itself, creating a hopeless situation for those opposed. Because of
the impact of City's position on this, it's not accurate to calculate the percentages with and without, because City's
position that the cemetery has 4 votes has affected the LID process and people's reactions to it. Remedy is thus
NOT to calculate the percentages as if City had said otherwise, because that would be speculative. Rather, one
remedy is to require City to declare the cemetery will pay 4 assessments in the LID and have NO votes in the LID,
then allow the neighborhood to digest this new situation, and determine if their position has changed as a result of at
last partial removal of quasi-judicial bias of City adjudicating itself.
8. Mayor, without council approval, just set, via a new speaker request form, an allegedly illegal process for
showing bias. Oregon's required procedure for bias has been established by case law, including and not limited to
a series of cases involving 1000 Friends Of Oregon v. Wasco County Court (62 Or.App. 663, 662 P.2d 813, 1983;
620r.App. 180,659 P.2d 1006, 1983; 295 Or. 259, 668 P.2d 381, 1983; 298 Or. 68, 688 P.2d 845,1984; 14 Or
LUBA 544, 1986; 14 Or LUBA 315,1986; 80 Or.App. 525, 723 P.2d 1039,1986; 80 Or.App. 532, 723 P.2d 1034,
1986; 302 Or. 299, 728 P.2d 531, 1986; 304 Or. 76, 742 P.2d 39,1987). Oregon Supreme Court requires
quasi-judicial proceedings to be procedurally fair and substantively correct in their decisions. This series of cases
showed that prejudgment bias is grounds for recusal and must be considered by the quasi-judicial body in making
the recusal decision. "The public interest in appearance of propriety over public interest in efficiency is so great in
judicial proceedings that readjudication is required regardless of whether decisions were fair when appearance of
impropriety is present." 1000 Friends of Oregon v. Wasco County Court, 304 Or. 76, 742 P.2d 39, 1987.
9. City is not properly charging the cemetery costs. As with other property owners, the cemetery fund can't
afford to pay the LID assessments. Council is improperly shifting the burden to pay for this assessment to other
budget areas, when the correct and fair procedure would be for the person/group responsible for the cemetery fund
to oppose the LID as unaffordable, not benefiting the property owner, and an improper use of City funds, which
place an unreasonable cost burden on a few property owners to pay $380,000+ for street paving, when less
expensive alternatives exist. Council is improperly using its discretion to simultaneously act as property owner and
adjudicator by shifting funds from a property owner that can't afford this LID.
AMBUJA ROSEN'S SPEECH IN PUBLIC FORUM
For fifteen months Ive been hearine that vou have more pressing
priorities and you can't take time for the tethering ordinance.
I've heard. for example, that the library issue is more pressing.
I probably use the
live at libraries.
web there. I take
nt;lI.1/spaper' ther~~.
library mare than almost anyone. I practically
I'm not on line, so I check e-mail and surf the
aut books, CDs, movies and periodicals. I read the
Years ago, when the library needed letters of support, one librarian
asked me to write the Tidings. She said she picked me because I use
th~~ 1 i b r'.a. rv '50 much.
I'll miss our library more than most people will. But I still think
it's mare important for dogs, cats, horses, and ather domesticated
mammals to be able to walk than for me to be able to read librarv
bQoks.
Reading is very important. and it enhances our lives greatly. But
many people in the world can't read and they stiLl Live fruitful
lives. And for thousands of years. no one could read and vet people
probably still enjoyed their lives.
If you had a choice between living on a chain and being able to read
all the library books you wanted, or being free to walk but not have a
library, I can't imagine youd choose the chaln.
The animals' needs to be free of their chains lS much more presslng,
in mv opinion, than our need to have a librarv.
You. may' be i;hinkinq, "Bu.t !.>Ie'!"",>::;! mc:>re impo\~t,:.'l.nt than .animals. It"5
mor'e important that OUT" nE'~E-~d'=; be m~=t than th.a.t th€'~ir' n€'"'eds b~~ met."
Many peoole believe that we humans are the center of the universe. and
all the other species revolve around 1..15, much like planets revolve
around the sun. That animals are just he!""'e for our use and benefit.
But I see it differently. I believe we're not the center of the
universe. I believe Mother Nature is (or YQU could call it God if you
like. I believe we're just one species revolving around Mother
Nature, the same as other species do. We'!""'e all children of Nature,
or God, if you want to think of it that way.
I ~nlnk our society 1S gradually shifting to this point at view.
That might be why so many Ashland environmental leaders signed the
tethe!""'inq petition. Many environmentalists share this view--that
humans should not dominate the clanet but be part of the community o~
specles. That humans should humbly take their place, not as rulers of
thE'~ l,1/or'ld, but .3.'5 'fE'~llo!.>/ b",=ing'::; to all of Natun:~. "Live and let
live."
When the other animals on the planet start mattering more, I think
one's ariorities start tQ change. I don't see hQI,1/ I could value my
abilitv to read librarv books, for example, more than a docs or
horse's ability to walk. The ability to walk is far mare basic and
necessary than the ability to use a library, or even read.
So we can always say our needs are more imcortant than the needs of
animal family members in our communitv. And I think there will always
be something like the library or affordable housing that will feel
more pressing to us than whether a dog or cat can walk.
But [ suggest we start thinking mare from this perspective [point to
second chartJ. if we aren.t already. That an animal family member's
need to move freely is more basic than many of our needs that we've
considered to be of hi9her priority.
Thank vou.