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HomeMy WebLinkAbout2007-0501 Council Mtg Packet CITY OF ASHLAND AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL May 1, 2007 Civic Center Council Chambers 1175 E. Main Street 6:30 p.m. Executive Session to discuss City Attorney selection pursuant to ORS 192.660(2)(a). 7:00 p.m. Regular Meeting I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES V. APPROVAL OF MINUTES [5 minutes] 1. Executive Session meeting minutes of April 17, 2007 2. Regular Council meeting minutes of April 17, 2007 3. Executive Session meeting minutes of April 23, 2007 VI. SPECIAL PRESENTATIONS & AWARDS 1. Mayor's Proclamation of National Historic Preservation Week 2. Mayor's Proclamation of Police Week and Peace Officer's Memorial Day 3. 2nd Annual Rogue Valley Ride with Leaders - Jim Olney VII. CONSENT AGENDA [5 minutes) 1. Minutes of Boards, Commissions, and Committees 2. Request for Approval of Easement for Public Trail Purposes 3. Liquor License Application - Kobe Restaurant 4. Third Quarter Financipl Report: January - March 2007 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. Council Appeal of PA2006-02354, Kistler 2. Adoption of a Resolution Levying Special Benefit Assessments for the Nevada Street Local Improvement District No. 85 and Adoption of Findings COUNCIL MEETTNGS ARE BROADCAST LIVE ON CHA'N'NEL 9 VISIT THE CITY OF ASHLAND'S \VEB SITE AT WWW.ASHLAND.OR.US IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. Speakers are limited to 5 minutes or less, depending on the number of individuals wishing to speak.) [15 minutes maximum] X. UNFINISHED BUSINESS None. XI. NEW AND MISCELLANEOUS BUSINESS None. XII. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Second Reading of an Ordinance titled, "An Ordinance Amending the Ashland Municipal Code, Adding a New Chapter 10.115, Tenant Rights in Conversion of Existing Multi-Family Rental Units into For-Purchase Housing" 2. Second Reading by title only of an Ordinance titled, "An Ordinance Amending the Ashland Municipal Code, Chapter 15.04, Regarding Conversion of Existing Multi- Family Rental Units into For-Purchase Housing in Multi-Family Districts" 3. Reading of a Resolution titled, "A Resolution Repealing Resolution Nos. 81-20,81- 63,89-14 and Appointing Park Commission to Facilitate Senior Program" 4. Reading of a Resolution titled, "A Resolution Updating the Forest Lands Commission Membership, Quorum, Powers and Duties and Repealing Resolution 2005-31" XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Reading of a Resolution titled, "A Resolution Supporting Measure 15-75 Local Option Tax for Operation of Public Library" 2. Discussion of the Imperatrice Property Proposal XIV. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735- 2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). COUNCIL MEETINGS ARE BROADCAST IJV.f:o ON CHANNEL 9 VISIT THE CITY OF ASHI,AND'S WEB SITE AT W\VW.ASHLAND.OR.1JS ASHLAND CITY COUNCIL A1EETING APRIL 17. 2007 PAGE 1 uf II MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL April 17, 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. ROLL CALL Councilor Hardesty, Hartzell, Navickas, Jackson, Silbiger and Chapman were present. APPROVAL OF MINUTES The Executive Session minutes of April 3, 2007 and Regular Council minutes of April 3, 2007 were approved as presented. SPECIAL PRESENTATIONS & AWARDS Mayor Morrison swore in new Police Chief Terry Holderness. The 2007 Ragland Award Winner - Ashland City Band was announced. Mayor's Proclamations of Independent Media Week and Respite Care Awareness Week were read aloud. CONSENT AGENDA 1. Minutes of Boards, Commissions, and Committees. 2. Approval of Engineering Services Contract Amendment No.1 for Water Treatment Plant Process Improvements between the City and Brown and Caldwell (06-02). 3. Annual Appointments to Commissions/Committees. 4. Liquor License Application - Ashland Bakery Cafe. 5. Declare Vehicles and Equipment as Surplus and Authorize a Public Sale. 6. Approval of Sole Source Procurement and Public Contract Greater than $75,000 Small Woodland Services, Inc. 7. Annual Ambulance License Renewal. Councilor Navickas requested Consent Agenda Item #6 be removed for discussion. Councilor Hartzell requested Consent Agenda Item #3 be removed for discussion. Councilor Hartzell/Hardesty mls to approve Consent Agenda Items #1, #2, #4, #5, and #7. Voice Vote: all AYES. Motion passed. Councilor Navickas requested further information regarding then Small Woodlands Services contract. He has an issue with this, as it has not come through the Forest Lands Commission. He suggested that this contract be sent to the Forest Lands Commission for approval before it comes to the Council and that the Commission defines, send out the RFP and then open it to bid. Councilor Hardesty stated that it is important for the Commissions to have input and suggested the Forest Lands Commission could determine whether they feel the RFP is adequate. Fire Chief Keith Woodley explained that the relationship between Small Woodlands and the Forest Lands ASHLAND CITY COUNCIL MEETING APRIL 17. 2007 PA G E 2 of 11 Commission is a long-standing one. In his 16 years, he has worked with the Forest Commission and this contractor and that the city has not undertaken any major activity in the watershed that has not been discussed with the Commission or part of a plan that the Commission had previously approved. He stated that the consulting forester attends all of the meetings and provides a work report to the Commission each month, direction is then provided by the Commission at that time. He is not aware of any disconnect or falling out of any philosophy between the Forest Lands Commission and this contractor. Councilor Hartzell supports the idea of having the Commission look at the RFP. Agrees that she has not heard any dissatisfaction, but thinks there have been times where the Commission could have had more influence and input into what was getting done. She thinks it would be hard to replace Small Woodlands, but suggested a RFP might be an appropriate way for the Forest Lands Commission to influence the direction of the work along with staff. She is not supportive at this time of sending the RFP back out and supports having a contractor-contractee relationship. She stated that at times the contractor has felt like staff. Chief Woodley questioned if the Council would feel comfortable with a letter from the Commission recommending renewal of the contract. Councilor Hartzell clarified she is looking for assurance that the Commission had a discussion on the focus of the contract and making sure there is a mechanism to ensure what the Commission is wanting is happening. Councilor Navickas voiced his preference to allow the Forest Lands Commission to define this RFP. Councilor Hartzell thinks there is validity to the issues raised by Councilor Navickas. Stated an RFP requires the contractor to put forward some effort and work into it. She suggested they might not be seeing a lot of competition for the contract because other contractors may assume that Small Woodlands has an "in" with the City. Suggested perhaps awarding the contract for a shorter time frame and allowing the Commission to work on this. Councilor Jackson/Silbiger m1s to approve Consent Agenda Item #6. Voice Vote: Councilor Silbiger, Chapman and Jackson, YES. Councilor Hartzell, Hardesty and Navickas, NO. Mayor Morrison, YES. Motion passed 4-3. Councilor Hartzell raised concern with the appointment of Pam Marsh to the Planning Commission. She explained that the issue is of bias and suggested that staff re-double their efforts to work with Commissioners on the issue of conflict of interest. Councilor HartzeWJackson mls to approve Consent Agenda Item #3. DISCUSSION: Councilor Chapman voiced his support of Pam Marsh and stated she is a strong, smart, and articulate woman. He stated his support for her being on the Planning Commission. Mayor Morrison clarified that he had recommended Ms. Marsh for reappointment because she has not yet served a full term. He feels that she has demonstrated a good understanding of planning issues. It was clarified with the legal department that there is problem associated with this appointment. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS 1. First Reading by title only of an Ordinance titled, "An Ordinance Amending the Ashland Municipal Code Concerning Conversion of Existing Rentals into For-Purchase Housing in Multi-Family Zoning Districts to Provide Additional Incentives, Contractual Commitment, Density Bonus and Other Voluntary Mechanisms to Increase Affordable For-Purchase Housing Stocks and Affordable Rental Units in Multi-Family Zoning Districts." ASHLAND CITY COUNCIL MEETiNG APRIL /7. 1007 PAGE 3 uf /1 Housing Program Specialist Brandon Goldman presented the staff report on the purposes of the proposed changes. He noted that there are three ordinances that relate to the same issue. The purpose behind all three is to provide for the housing needs of the citizens of Ashland and that Ashland is falling short in providing rental housing. Mr. Goldman explained that the conversion of multi-family rental housing triggeres the displacement of existing rentals and the Building Department regulations regarding the conversion of multi-family units are neccessary to protect the health, safety and welfare of existing and future residents of such units. The City of Ashland mailed notice of the proposed land use changes to parties that may be impacted by the proposed ordinance. He also noted the recent condo conversions that have taken place in Ashland with a total of98 units in existing apartment complexes having been converted to condos since 2001. Mr. Goldman explained the Land Use provisions provided for in the ordinances before Council establish a number of options for individuals who are looking to convert their multi-family apartments into for-purchase housing. Option I is a new option that allows conversions to be permitted outright where at least half of the units are retained as rentals; noted this option would not trigger affordability requirements. Option 2 establishes a voluntary option to convert 100% of the units into individual units of ownership if25% are affordable. Noted the proposed ordinance identifies a number of incentives and mechanisms for providing affordable units and also establishes procedural avenues for applications. Staff recommendation is for Council to direct staff to revise the proposed ordinance to remain consistent with the policy implications with the draft that was originally recommended for approval by the Housing and Planning Commissions, and to bring this revision back to Council for review. Mr. Goldman stated if the Council proceeds with the recommendation, staff would reschedule the hearing before the City Council to May 15,2007. He added if the Council wishes for the Planning Commission to have further review, staff would reschedule the hearing to July 17, 2007. Public Hearine: Open: 7:30 p.m. Jennifer Hanson/67 Woolen Way/She explained that she has five units on their property and would like to transfer each unit to one of their four children. During investigation of this possibility, she found that her taxes would double ifthey converted to condos and 2 of the units would become affordable housing. She does not see the fairness in this and stated if she changed the units to condos and kept them as for rent units, the taxing would be so high the income from one unit would go solely to taxes. Ms. Hanson questioned where the incentive is to keep these units as rentals. Instead of incentives she gets strong-armed to try and prevent her from converting. She stated right now her best option is to convert them to condos and sell immediately because of the regulations and how things are set up. Philip Lang/758 B Street/He stated that the proposed ordinance is meaningless and useless for the following reasons: 1) Allowing condo conversions effectively violates the City of Ashland's housing goals regarding affordable housing, 2) In 1979 an ordinance was adopted that allowed condo conversions in R-2 and R-3 zones subject to a demonstration of public need and lack of detrimental effect on the supply of rental units and stated there is no reason why an identical ordinance could not be readopted, 3) The proposed ofthe ordinance will do nothing to slow or stop the condo conversions, 4) The requirement that 50% of the units be retinaed at market rate has no inspection or enforecement guarantees and many of the units are currently rented at less than market rates,S) The Planning Department is misleading the public about how such conversions will benefit afforeable housing, and 6) The claim that families will now be able to afford homes is preposterous. Mr. Lang's written testimony was submitted into the public record. Building Official Mike Broomfield clarified for council that "condominium" is not a structural form and that there is a lot ofvaribility in construction types and these are not defined in the ordinance. T"' , ASHLAND CITY COUNCIL MEETING APRIL /7. ::007 PAGE.f of J / Mr. Goldman noted that 50% of the City's population are renters. He stated that the intention behind modifying this ordinance was not to stop condominium conversions, nor was it to impede them to a degree, it was to ensure that when they do occur there are at least options to create housing that serves the residents of that apartment complex. In looking at the 98 units that have converted since 2001, he cannot think of one instance where he has heard of art existing tenant being the purchaser of one of the units. M.r Goldman added that the affordable units have been sold to individuals who qualify, but typically not the existing residents. In many cases the units were kept as rentals and the existing tenants are still renting those units. He clarified that the 25% affordablility requirement currently does not distinguish between rentals and for-purchase units. Councilor Navickas expressed concern with the development agreements and questioned who would negotiate these agreements. Community Development Director David Stalheim clarified that development agreements are set out in statute and are considered a land use decision, so by statute if they adopted the provisions as proposed they would go throug the Planning Commission and City Council. He clarified that it would need to be an ordinance adopted by the City Council in order be be effective and stated that the percentage of housing is not necessarily a land use thing so this could be a different process. Mr. Stalheim noted that staff needs to work through some of these issues and return to Council. City Adminsitrator Martha Bennett noted that Council could provide direction and that this sort of thing could not be a staff decision and it has to come to Council if they so choose. Assistant City Attorney Richard Appicello stated that staff could look into whether the 1979 ordinance would be possible under current state law, but suspects that it could be challenged. Councilor Hartzell noted that what they are trying to do is comply with state and federal laws and goals. Councilor Hartzell motion to continue this hearing and ask staff to contiue to pursue the goal under which this draft was prepared, look at other opportunities for doing that, and that they not pursue negotiated agreements exclusive of the development of a process for doing so more broadly in our land use than just applied to this. Motion was withdrawn. It was requested by Ms. Bennett that if Council should decide to continue the hearing that they specify a date. Mr. Stalheim explained that in regards to determining the proper balance of rental housing, there is mix of housing that is needed and they are finding that the lower end housing is where they are facing challenges. He noted testimony from the Planning and Housing Commissions which indicated that not all indivuals want to be homeowners and there is a desire for rental housing. Councilor Jackson voiced her support for continuing this hearing. Councilor Chapman stated that he does not feel that this ordinance acheives the stated goals to meet State Goal 10. He feels that AMC section 18.24 needs to be amended and should be reviewed for policy implications. He does not support continued work on the proposal that Housing and Planning approved and that there needs to be more discussion about identifying the goals of this change before they write the code. Mr. Chapman supports continuing the public hearing to the July 17 date with more review. He would like this to be sent back to the Planning Commisson and allow for additional discussion about what the goals of this amendment would be and what the changes should be to achieve those goals. ASHLAND CITY COUNCIL MEET/NG APRIL! 7. 2007 PAGE 5 vf! ! Councilor Hardesty suggested that if they send it back to the Planning Commission that the Housing Commission be involved in some way. She agreed that this particular amendment may not accomplish what they want it to, but does not support waiting too long to address this. A Study Session on this topic where both the Planning and Housing Commissions could be invited to provide input was suggested Councilor Hartzell stated that she prefers contuing this to June 19 because the longer they wait to put something in place, the more nervousness gets created on the part ofland owners. Councilor Hartzell/Hardesty m/s to continue this hearing to June 19, 2007, direct staff with the understanding that they have access to the Planning Commission and the Housing Commission to explore strategies to acheive the overall goal, and that staff not pursue negotiation agreements related to this until there is a more comprehensive negotiated agreement structure in place. DISCUSSION: Councilor Hartzell clarified on which goal the motion referred to as the preservation of rental stock in Ashland. Councilor Jackson felt that the primary goal is the provision of adequate rental affordable housing and not necessarily preservation. Councilor Chapman stated that there is a need to generate new ideas, and that this ordinance does not acheive the goal just stated. Councilor Hartzell agreed and clarified that staff needs to look at the overall goal and if they need to backup on this ordinance and approach it from a different direction. She stated that the overall goal is the provision of rental and especially affordable rentals in Ashland. Councilor Chapman voiced support ~ for thIS goal. Councilor Jackson stated that it was important to say that they should not be limited to the strategies identified in the Housing Action Plan. She is not sure that 60 days is enough time to accomplish this. Councilor Hartzell clarified that she selected the June date in order to set priority on this item and does not want to keep losing ground. Roll Call Vote: Councilor Hardesty, Silbiger, Chapman, Hartzell, Navickas and Jackson, YES. Motion passed. 2. First Reading by title only of an Ordinance titled, "An Ordinance Amending the Ashland Municipal Code, Chapter 15.04, Regarding Conversion of Existing Multi-Family Rental Units into For- Purchase Housing in Multi-Family Districts." Housing Program Specialist Brandon Goldman explained the proposed code provisions under AMC Chapter establish the following: 1) Inspection be completed by the Building Department, 2) Inspection Report that lists required corrections be provide to the owner, 3) A follow up inspection be completed showing all items have been corrected, 4) A copy of the report and the final inspection clearance be provided to prospective buyers, and 5) A resolution establishing a fee schedule is adopted in order to cover the special inspection costs. He clarified that the provisions outlined related to both units created for ownership or will be retained by the owner for rental. He stated that there is concern that without some trigger to initiate some type of inspection by the Building Department an existing apartment complex could be converted into condominiums that have unsafe situations in place. He explained that the intention is not to bring it up to the 2007 building code, but rather to ensure that it is in compliance with the code allowance for those previously existing buildings. Mr. Goldman explained that the purpose of providing the report to the potential new owner and by going through the step of conversion is that it is an opportunity for the Building Department to look and see if it has ASHLAND CITY COUNCIL A1EETlNG APRIL /7. ::007 PAGE 6 of /I had deferred maintenance. If you buy a single family home, the individual may hire a private inspector, but it is not a City requirement to do so. He clarified that the provision of providing the inspection report was taken from model ordinances and that the intention is a "buyers beware" disclosure. Mr. Stalheim explained that this could trigger a building permit if they are not in compliance or there is a lack of maintenance and gave examples. He stated that any new work would need to meet the current code requirements. Mr. Broomfield clarified that staff has not worked out the mechanics of all of the inspections or the report at this time. Assistant City Attorney Richard Appicello stated that staff could change the proposed language in the ordinance to "a copy of this report will be maintained in the Planning Department." He stated that the intention was to make sure the person who purchased the units is aware of changes that were reported were actually done. 3. First Reading by title only of an Ordinance titled, "An Ordinance Amending the Ashland Municipal Code, Adding a New Chapter 10.115, Tenant Rights in Condominium Conversion." Housing Program Specialist Brandon Goldman explained the proposed Tenant Rights ordinance provisions includes the following: . One-year notice be provided to the tenants, . Relocation benefits be provided to the tenants if they are displaced prior to the 12 month period, . Tenants would be provided with the first right of refusal, . Tenant would be provided Right to Non-Disturbance during the first 120 days, . During the period of continued occupancy, rents could only increase in accordance with the written rental agreement, or rent may be increased to an amount no greater than the Portland-Salem Consumer Price Index, . Notice of conversion shall be served to all tenants and the City, . The draft ordinance does not alter or amend existing contractual relationships between the tenant and landlord, . Lastly, the ordinance as drafted establishes penalties for non-compliance with the relocation assistance, right to purchase, and other provisions of the chapter. Mr. Goldman provided a timeline regarding noticing and conversion. Stated staff recommendation is to approve the tenant rights ordinance with the modifications as outlined in the Council Communication. Assistant City Attorney Richard Appicello clarified that the land use time frame is not tied to this conversion timeline and commented on the state requirements. Public Hearin2 Open: 8:47 p.m. Art Bullock/He stated that the issue for all three of these ordinances is the same, that they do not solve the problem and that the problem is the loss of rental units. He stated that staff is balancing the amount of rentals versus for-purchase units and there is nothing to stop this process from continuing. The issue of tenant's rights ameliorates the negative effects on the tenants, but does not keep them in town. The option of having incentives has not been proved effective. Mr. Bullock stated what will solve the problem is the Council setting a clear objective. That direction cannot get these condominiums converted if we are losing housing in that zone. He noted that State requirement is to maintain livability of neighborhoods by maintaining a balance of housing types. In addition, that in order to solve the problem Council needs to establish numerical goals by ASHLAND CiTY COUNCiL A1EETlNG APRiL 17, ]007 PAGE 7 uf II zone and for the neighborhoods based on the current number in the neighborhoods and does not approve conversions if we are not maintaining the current level plus the growth percentage. He stated that there is a need to maintain or improve on the current mix. Public Hearine: Closed: 8:51 p.m. Councilor Chapman commented on the inspections provision and explained why he does not support this ordinance. He felt that it would give false expectation to the potential buyer that the City has certified the structure. He felt that there should be a buyer's acceptance of an owner's disclosure form as used with other residential purchases where an owner would have to disclose any structural defects and the work that has been done. In addition, the sale should be contingent upon acceptance of a professional house inspection and report. He stated that the buyer needs to hire this person independently and it may be desirable to allow the buyer to recover the costs of the inspection at closing. Councilor Navickas voiced his disappointment that this had not gone further and felt that they could meet the State requirements by stating it would allow condominium conversions in R-2 and R-3 zones subject to a demonstration of a public need. He stated that he would vote in favor of the ordinances because this is all they have at this point and it is a step in the right direction. Councilor Hartzell stated that she does not think they are creating loopholes but are creating processes that ensure the public good. Councilor Chapman clarified that he does not think that the inspections that this calls for does what they need and there are already private inspections in place that do. He believes that they should not do anything with this ordinance and does not feel it is necessary. Mr. Stalheim understood Councilor Chapman's point and noted that staff has witnessed a lot of illegal activity when they go out and inspect. He stated that there is a possibility that they will find out things that have occurred without their knowledge and that this process would identify them and then allow them to be taken care of. He noted that the training and certification of City inspectors is at a different level than for home inspectors. Mr. Goldman stated that this section of the building code is an amendment to a provision that is currently in place, which is vague and this as an opportunity to clarify. He does not think this provision alleviates the homebuyer from the due diligence to have a private inspection. In addition, it would ensure that from the City's end we have checked and made sure there are no substandard conditions or non-permit actions. Mr. Stalheim clarified that the report could indicate that the structure does not meet current standards, but complies with the codes in place at the time it was constructed. Councilor Silbiger voiced his support for not requiring that the owner give a copy of the final inspection report to the buyer and does not see why they should be doing this unless they do it for every other situation. He does not think the City should be requiring the owner to furnish the report to the buyer and stated that the owner could do this if they wanted. He noted that it is public record and the potential purchasers could get it themselves. Mr. Goldman clarified that the language was modeled after ordinances from around the country that deal with condominium conversions. And, because it is different from new construction and because you are taking existing buildings and converting them into ownership units, it triggers these efforts to make sure the building ASHLAND CITY COUNCIL MEETING APRIL 17. J007 PAGE 8 of 11 is in conformance with current building code. He commented on Councilor Silbiger concerns and stated that if the Council directed that this section requiring the owner to furnish the report be eliminated, the ordinance as drafted still has the ability to provide that information to any prospective buyer. Mr. Goldman explained that any individual unit of ownership that is converted into a for-purchase housing unit would have to be inspected under this ordinance. Councilor Jackson/Hartzell m/s to approve First Reading by title only of an Ordinance titled, "An Ordinance Amending the Ashland Municipal Code, Chapter 15.04, Regarding Conversion of Existing Multi-Family Rental Units into For-Purchase Housing in Multi-Family Districts" and place on agenda for second reading, with amendment to remove the sentence in Section 1 that states "Owner shall also furnish a copy of the report and approved final inspections to the buyer." Roll Call Vote: Councilor Navickas, Hartzell, Silbiger and Hardesty, YES. Councilor Chapman and Jackson, NO. Motion passed 4-2. Councilor Navickas/Hartzell m/s to approve First Reading by title only of an Ordinance titled, "An Ordinance Amending the Ashland Municipal Code, Adding a New Chapter 10.115, Tenant Rights in Conversion of Existing Multi-Family Rental Units into For-Purchase Housing" and place on agenda for second reading. DISCUSSION: Councilor Hartzell questioned if the language listed under Staff Recommendations in the Council Communication is incorporated into the ordinance. Mr. Goldman explained that what is shown as a highlighted section in the draft ordinance. The motion would need to specifically request the modified sections to be included in the final ordinance. Councilor Hartzell/Navickas m/s to amend motion to include the staff recommendations for Section 10.115.030(c) and Section 10.115.050. Roll Call Vote: Councilor Hardesty, Silbiger, Navickas, Hartzell and Jackson, YES. Councilor Chapman, NO. Motion passed 5-1. DISCUSSION on Amended Motion: Councilor Silbiger stated that he could not support a one-year extension of someone's rental agreement and noted that the State's requirement is 120 days. He feels that the one-year requirement is way out of balance and that the ordinance is "nasty" in terms of how it portrays landlords. He would not support anything for more than 6 months. Councilor Jackson stated that she does not support this and could not follow the logic of these ordinances. She felt that there needs to be better understanding of condominium conversion laws at the State level. Mr. Appicello clarified that there is a State statute that provides protections for tenants. That it gives them 60 days right of first refusal, cannot give offer for first 30 days after the notice, and that the notice has a 120-day minimum. He also explained that there is also specific authorization where local governments are authorized to control the rent after the notice period and the relocation benefit. He stated that staff s exemption is the one- year notice, so it does not say you have to give one-year notice. It states that if you give a one-year notice you are relieved of paying relocation benefits to the tenants. The owner would have to give at least 120 days notice as mandated by the State, but could then remove tenants and pay the relocation benefits. Councilor Hartzell felt that the longer period of time is justified based on Ashland's high cost of housing and the availability in Ashland. She noted that mobile home conversions also requires one-year notice period. Mr. Goldman commented that staff felt the one-year was appropriate based on the decreasing rental housing stock in Ashland. ASHLAND CITY COUNCIL A1EETfNG APRIL 17. :1007 PAGE Y of 11 Councilor Navickas stated that there is a serious problem oflosing rentals in this community. He stated that if the goal is to protect rental housing, that this ordinance only mitigates it and provides basic protection to the tenants that are being displaced. He feels that this is the least that could be done for the tenants who are being displaced and voiced support for passing this ordinance. Roll Call Vote: Councilor Hardesty, Navickas and Hartzell, YES. Councilor Silbiger, Chapman, and Jackson, NO. Mayor Morrison, YES. Motion passed 4-3. PUBLIC FORUM Dennis Slattery/1405 Pinecrest Terrace/Informed the Council that the Chamber of Commerce has reorganized its Legislative Committee and he has been appointed Chair. As chair, he has made a commitment to be at the Council Meetings every Tuesday. The purpose is to watch things develop in an incremental basis and keep up-to-date with Council deliberations. He stated that the Chamber of Commerce has great interest in the Council's success. Art Bullock/Commented that Ashland Constitution Dialogue group will be having a ballot measure forum in the Council Chambers on April 25, 2007 from 7 p.m. to 9 p.m. He stated that there was an issue with the lack of an official copy of the text for the two Charter ballot measures and claimed neither ballot measure is in the voter's pamphlet and that it was not filed with the County. He stated that it is not clear what it is the citizens are being asked to vote on. Mr. Bullock requested that the Council direct staff to provide an audit trail of all the changes to the online version since March 15, identify the name of the person who made the changes, and to specify what the changes were. City Recorder/Elections Officer Barbara Christensen clarified that all requirements and deadlines have been met as required by State law for filing Measures 15-76 and 15-77 with the County. The County has both of these measures in the exact form and text that was submitted to her by the Legal Department. Both of the measures are on the City's web site and have been available on the website since they were approved by the City Council. She stated that the text form of what the charter would look like is not required to be submitted to the County. The language of the proposed charter text was created by the Legal Department and is available on the City's website. She explained that staff has corrected anything that was identified as incorrect. Ambuja Rosen/Spoke regarding an anti-tethering ordinance. Explained that she knows intuitively that the tethering ordinance will pass. She suggested those who are against the ordinance should let go and go with the flow. Ms. Rosen stated that tethering limits is a nationwide trend and Ashland is one of the most progressive towns in the County and it is only logical that Ashland should be one of the first 100 communities to limit the tethering of animals at their homes. She commented on the individuals who oppose the ordinance. Christopher Iverson/868 A Street/Stated that he has the idea to make the area from Ashland to Shasta, CA into the "sustainability valley" and voiced his support for an anti-tethering ordinance. He is surprised that the Council has not already moved forward with this. UNFINISHED BUSINESS 1. Tripartite Housing Committee Report. Councilor Hardesty explained that she brought this forward in order to provide the Council an update on what the Tripartite Committee is doing. She noted that this is a subcommittee consisting of the members from the City Council, Parks & Recreation Commission, Ashland School Board, Housing Commission, a citizen member and a staff liaison. She explained that two new members had joined recently representing Ashland Community Hospital and Southern Oregon University (SOU) Ms. Hardesty stated that the Committee has identified three major goals. They are 1) To bring 200 new students to Ashland through the creation of ASHLAND CITY COUNCIL A1EETING APRIL 17. ::007 PAGE IU of II workforce/affordable housing with the goal of opening an elementary school, 2) Bring additional families to Ashland to maintain the viability of the community hospital, and 3) Inventory all public lands and identify potential sites for workforce/affordable housing. Requested they ask staff to look at the possibility of identifying some land. Councilor Silbiger voiced his surprised at how this committee has grown beyond its original intent. City Administrator Martha Bennett clarified that she had approved Housing Program Specialist Brandon Goldman to attend one meeting and if it fit within his job duties, he could continue to attend. She stated that it is the Community Development Director's decision as to whether Mr. Goldman should continue to with this group. Councilor Hartzell stated that she is comfortable with the fact that this is moving forward and that it has staff participation. She voiced her support for the hospital and SOU being involved. Councilor Jackson stated that in terms of the City of Ashland's piece that this is clearly something that should be done by the Housing Commission. Councilor Silbiger/Hartzell mls to extend meeting until 10:30 p.m. Voice Vote: all AYES. Motion passed. Councilor Jackson did not favor this being a three-way official committee. Councilor Navickas felt that there is very little overlap between the three governments and that the more communication is facilitated the better off the city would be. He voiced his support. Councilor Hartzell felt that they need to be working on the things they all have in common. She stated that the Housing Action Plan specifically states that the Housing Commission needs to work in partnership with other jurisdictions and non-profits. She is not sure what is being asked of the Council and noted that staff already has the authority to identify land for possible workforce/affordable housing use. Councilor Jackson/Hardesty mls to approve acceptance of report. DISCUSSION: Councilor Hardesty clarified that the items they are working on with the Housing Commission and stated that the Commission supports the work they are doing. She explained that the Committee would continue to meet even if they do not have a staffliaison. City Administrator Martha Bennett commented that the discussion about city yards needs to take place in the larger context of our overall operational needs. She shared her concerns that the representatives from each agency are sharing the discussions with their policy makers. Ms. Bennett stated the need to make sure the stafflevel coordination is taking place so that we do not surprise one another. Roll Call Vote: Councilor Hartzell, Silbiger, Jackson, Chapman, Navickas and Hardesty, YES. Motion passed 6- O. Council shared their preferences on how to prioritize the remaining agenda items. Mayor Morrison announced they would move to the Report on AMC Sections with References to the City Charter. 2. Report on AMC Sections with References to City Charter. Management Analyst Ann Seltzer provided a report on the AMC sections that will need to be revised if the City Charter measures pass. Noted staff engaged former City Attorney Paul Nolte to review the code, the existing charter and the proposed charter and to identify the sections that would need to be modified. Ms. Seltzer reviewed the affected sections as outlined in the report. Comment was made questioning the language in lO.68.025(B). I"' , ASHLAND CITY COUNCiL ldEETING APRIL 17. ::007 PAGE II of JJ Councilor Hartzell questioned if any of these provisions could be changed, since ordinances can be amended. She also suggested that they forward the language proposed for Parks and Open Space to the Parks & Recreation Commission for review and opinion. 3. First Reading by title only of an Ordinance Titled" An Ordinance Amending AMC 3.08.020 To Apply Ethics Provisions to Employees, Appointed Officials and Elected Officials." Delayed due to time constraints. NEW AND MISCELLANEOUS BUSINESS (None) ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Reading of a Resolution titled, "A Resolution Repealing Resolution Nos. 81-20, 81-63, 89-14 and Appointing Park Commission to Facilitate Senior Program." Delayed due to time constraints. 2. Reading of a Resolution titled, "A Resolution Updating the Forest Lands Commission Membership, Quorum, Powers and Duties and Repealing Resolution 2005-31." Delayed due to time constraints. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Information on the City Website Relating to the Charter Ballot Measure. Delayed due to time constraints. ADJOURNMENT Meeting adjourned at 10:30 p.m. Barbara Christensen, City Recorder John W. Morrison, Mayor THE 2ND ANNUAL ROGUE VALLEY RIDE WITH LEADERS April 10,2007 Hello! The Jackson County Bicycle Advisory Committee, invites you to participate in the 2nd Annual Rogue Valley Ride With The Leaders event. This three mile bike ride will begin at the Bear Creek Park parking lot on Siskiyou Blvd., 1 :00 p.m. on Monday, May 14, 2007. On-the-road support will be provided and refreshments will be offered on return to Bear Creek Park. Ride With The Leaders will kick off National Bike To Work Week in Jackson County and encourage residents to use a bicycle for all of its benefits. Ride With The Leaders is intended to promote bicycling as a healthy, life-long activity. In the United States, bicycling is becoming more than a recreational activity. For some, it is a way to get to work, and a way of life. The ride has been carefully coordinated for the safety and comfort of participants. Expect media to be at Bear Creek Park at departure from and return to the park and possibly on the ride itself. Ride Staffwill be available at departure and arrival points to help with bike fitting, distributing water bottles, and to answer questions. Experienced cyclists will lead the group and ride behind the group with a bicycle repair kit and first- aid. About 30 people are expected to ride. Remember to wear clothes that are comfortable, light-colored, and breathable. Shorts or light pants, a t-shirt, and tennis shoes are suggested. We will provide bicycles and helmets on request. If you want to borrow a bicycle or helmet please contact Karen Smith by Wednesday, May 9 to reserve one. Contact Karen at 774-6231 or smithks@jacksoncounty.org. Rogue Valley Cycle Sport and Marty's Cycles & Moore will furnish the bicycles and helmets. Please let Karen know that you will join the ride. We hope you can participate in this event! Sincerely, Jackson County Bicycle Advisory Committee Itinerary 1 :00 PM Meet at Bear Creek Park at the parking lot on Siskiyou Blvd. 1:00-1:30 PM Safety check, safety talk, bike fitting. 1 :30 PM Line-up Instructions. A flag will start the Ride once everyone is ready. 1 :45 PM Ride begins its counter-clockwise loop on Siskiyou Blvd., with a stop in Ruhl Park, and back to Bear Creek Park via East Jackson. 2 :30 PM Enjoy refreshments and visiting with other riders. We will ask the group a few specific questions about their experience. Please note: the media may use this time for interviews. Return borrowed bicycles and helmets to staff at Bear Creek Park and adjourn. We have enclosed a map of the route for this ride. The 3-mile route will assure a relaxed ride with multiple places to rest, if needed, and examples of the good and not-so-good facilities that bicyclists face. Bike-to-Work Week 2007 iI.lmEi.lD TOI)O USA'~' 5.0 ORE~ON AVE CAPIT AL wil Ruhl Park t- ;::00 :pW ",iZ (J) c( -<:;2 i .- ~ -' Q. Z o (i) o <( ~ ~ 0- 5 -< ' ~ S ., ~ Bear Creek Park Siskiyou Parking Lot - Start/Finish " I , ~ "l- -~ # ""'-l'.. a:: U a:: GRttt'flO\OOODST Rogue Valley Medical Center 1.536.0 It 1.500 It 1A501t I(O)Eastwood Drl 1A001t 1.350fl o mi 1.584 fl Un Dist: 3.08 mi Grade: 2 Climb Elev: 189.3 fl Climb Dist: 1 .68 mi Data use subject to license. @2004 Delorme. Tapa USA@5.0. www.delorme.com 3.168ft 4J521t 1.20mi Terr Dist: 3.08 mi Easting: 0511991 Desc Elev: 212.1 fl Desc Dist: 1.40 mi l.50mi 1.80mi 2.lOmi Elev Gain: - 22.8 fl Northing: 4685460 Max. Elev: 1,536.0 fl 2.40 mi 2.70 mi 3.08 mi A vg Grade: 2 Elev: 1 ,391 .7 fl Min. Elev: 1 ,377.7 fl l MN (15.9. E) ~<. ICOO Data Zoom 14-4 , ~ t;;oc, I"' , CITY COUNCIL STUDY SESSiON APRIL 16, 2007 PAGE I (~(4 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL April 16, 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, Hartzell, Navickas, Jackson, Silbiger, and Chapman were present. City Administrator Martha Bennett asked each councilor to identify which agenda items they have questions on. Council noted the following agenda items they have questions on: . A Resolution Updating the Powers and Duties of the Forest Lands Commission. . Approval of Sole Source Procurement and Public Contract (Small Woodlands Services, Inc.) . An Ordinance Amending the Ashland Municipal Code Concerning Conversion of Multi-Family Rental Units into For-Purchase Housing in Multi-Family Zoning Districts to Provide Additional Incentives, Contractual Commitment, Density Bonus and other Voluntary Mechanisms to Increase Affordable For-Purchase Housing Stocks and Affordable Rental Units. Assistant City Attorney Richard Appicello clarified pages 21-23 of the packet materials for the condo conversion ordinance lists applicable sections of the Oregon Revised Statutes. 1. Look Ahead Review. City Administrator Martha Bennett reviewed the items on the Look Ahead document. She explained the Study Session scheduled for April 30, 2007 will not be held on Parade Permit Procedures. She stated the Council Meeting on May 1,2007 will include public hearings on the GlennINorth Main Street Appeal and Final Assessment of the Nevada Street LID. On April 14, 2007, the Council will hold a Study Session to receive an update on the Emergency Operation Center. Ms. Bennett noted the Regular Council Meeting on April 15, 2007 will include two public hearings, one on the McDonald Property Appeal and the second on the sale of two of the four lots of the City's Strawberry Lane Property. Ms. Bennett commented that the majority of the items scheduled for the June meetings are budget items. Request was made for a summary of the RVTD issue be provided to the Council prior to them making a decision on the RVTD Contract. Ms. Bennett clarified staff would bring forward an analysis of the different options. Ms. Bennett noted a Study Session with the Chamber of Commerce will be held on June 18, 2007 in the Siskiyou Room. Suggestion was made for this to be held sooner and Ms. Bennett stated she would check with the Chamber and see if this is a possibility. Councilor Hardesty noted a date for the Council Goal Setting is mIssmg from the Look Ahead. Suggestion was made for the Council to discuss the process they will use for goal setting at the April 30 Study Session since the Parade Permit discussion has been cancelled. Councilor Silbiger noted that he will not be present at this meeting. Request was made for Councilor Silbiger to submit his input prior to the meeting so that it can be incorporated into the discussion. '" , CiTY COUNCIL STUDY SESSION APRIL 16, 2007 PAGE 2 of4 Councilor Jackson noted her lobbying trip to Washington, D.C. is next week and requested members of the Council contact her prior to her departure to discuss the applications and their requests. 2. Discussion of Rie:ht Water for the Rie:ht Use. Public Works Director Paula Brown introduced Bob Elmstad with Carollo Engineers. She also noted members of the Water Recycling Task Force and Robbin Pearce with the Conservation Department were present. Ms. Brown explained the purpose of this Study Session is for Council to discuss the City's long term water needs and sources, determine if this is still a Council priority, and to provide direction to staff. She stated staff recommends that Council acknowledge that water is a significant resource and direct staff to aggressively pursue the Right Water for the Right Use by: 1) Directing staff to talk with Till and gain their support for the Right Water for the Right Use, 2) Increasing the membership of the current Water Recycling Task Force as outlined in the staff report, and 3) Renaming the ad hoc committee to the Right Water for the Right Use Task Force and provide them with a set of challenges. Ms. Brown commented on how the City should tackle the issue of irrigation water and noted the option of using effluent for irrigation purposes. She also commented on improving the City's conservation efforts. Ms. Brown explained the City will need to perform engineering solutions to meet the requirements from the Department of Environmental Quality (DEQ). She stated non-engineering solutions by themselves will not reduce the temperature levels enough to comply with the DEQ requirements, however she recommended the City pursue these activities and incorporate them into the City's long term solution. Ms. Brown added that it will take some time to bring the right program to the community and to overcome any initial stigma. Ms. Brown clarified that she would provide a summary of staffs last meeting with the DEQ. She also clarified that staff is recommending that the Right Water Right Use Task Force meet for one year to look at the options available and determine what the community wants. Mr. Elmstad commented on the incremental steps communities can take to improve water quality, such as riparian planting to provide shade along Ashland Creek. He stated that Ashland has multiple water products and sources of water in the community, and each product has their own range of different issues. He recommended the Council allow the Committee to sort through this complicated matrix and see if they can arrive at something that works to the benefit of the community and the benefit of local streams. Ms. Brown requested Council's input as to whether looking at the bigger picture is a priority to them, or if they would rather take things one piece at a time as issues arise. She noted her desire to talk with the Till Board and stated this could bring about a long term solution for the City. She also clarified that staff would come back to Council and bring forward updates to make sure they are on the right path. Ms. Brown clarified the largest cost the City would face would be creating the infrastructure in order to have a separate piping system. She stated this would be a very expensive improvement, but noted the Council's decision to keep the treatment plant was also a big and expensive decision. Council shared their preferences in regards to staffs recommendation. Councilor Jackson voiced support for expanding the Committee and suggested they put more emphasis on conservation of water for landscape purposes. Councilors Hardesty and Hartzell also voiced support for staffs recommendation. Councilor Hardesty questioned if a councilor would be added to the Committee, and Ms. Brown clarified '" T CITY COUNCIL STUDY SESSION APRIL 16,2007 PAGE 3 of4 that she would welcome this participation. Councilor Hartzell commented on her desire to make sure there is an open process in regards to the Committee and questioned what kind of policy direction would be helpful to the Committee at this point. Ms. Brown suggested a policy direction could be to reduce the use of potable water. Mr. Elmstad provided a brief description of the activities and purpose of the Oregon Association of Clean Water Agencies and clarified why a member from this agency has been recommended to join the Committee. Ms. Brown clarified that financing options and cost specifics for any suggested activities would come from staff and not the Committee. Council continued providing their input. Councilor Navickas voiced his support for this program and suggested the emphasis be on conservation first. He also shared his concerns that this might lead to the purchase of more water rights or expediting the TAP project. Councilor Chapman stated this is a high priority and offered the following comments/suggestions: 1) did they consider shading the tanks at the treatment plant to reduce temperatures, 2) the City should encourage conservation by adding tiers to the water costs and consider adding water use restrictions before there is an emergency, 3) the City should make it easier to use rainwater and gray water in individual houses, 4) he is dubious about the suggestion for the City to build a parallel system, and 5) feels one year is a long time to wait before any action will be taken. In response to Councilor Chapman's comments, Mr. Elmstad stated the treatment plant itself has very little impact on the temperature; however shading is a positive thing regardless. In regards to the use of rainwater and gray water, Ms. Brown noted that many of these requirements are imposed by the State. Request was made for the Committee's meetings to be noticed and for the Council to be forwarded meeting notes from the Committee on a regular basis. Ms. Brown clarified the meetings will continue to be noticed and stated staff would include the minutes from the meetings in the Council packets. 3. Review of Re2ular Meetin2 A2enda for April!7. 2007. Small Woodlands Services Contract Councilor Navickas noted his concern that this contract was not submitted for open bidding. Assistant City Attorney Richard Appicello explained this is exempt to public contract bidding, and Fire Chief Keith Woodley noted that the previous two times the City requested proposals, Small Woodlands Services were the only ones who replied. Forest Lands Commission Councilor Jackson questioned the removal of reference to the Fire Management Plan under the Powers and Duties section. Mr. Woodley explained the Committee felt the focus should be on improving the overall health of the forest. He also explained the Fire Management Plan was removed because preparation has been completed and the Committee felt it was best to include general language and to not date the document by including specific references. Condo Conversion OrdinanceILand Use Title 18 Councilor Hardesty questioned the provision regarding the new negotiated development agreements. Mr. Appicello provided an explanation as to why this was incorporated and clarified this provision is not required, but is one of the additional mechanisms available. Community Development Director David Stalheim noted that this ordinance has been brought forward due to the noticing that was completed in accordance with Measure 56, however it is staffs opinion that this ordinance is not ready to be adopted as currently drafted. He explained that although the content of the ordinance amendments are in large part similar to those versions reviewed by the Housing Commission and Planning Commissions, notable changes have been incorporated following review by CITY COUNCIL STUDY SESSION APRIL 16, 2007 PAGE 4 of4 legal. He suggested that the two other ordinances being put forward could stand alone and staff could bring back a final ordinance for adoption in July and might not have to take this document back to the Planning Commission. Suggestion was made for staff to put this ordinance "in concept" before the Planning and Housing Commissions in order to get a sense of where they want to go with this. Request was made for staff to provide a visual timeline regarding asking for a conversion and tenant rights both in the old and new systems. Councilor Hartzell noted that notice was only sent to the property owners and not those living in the rentals and voiced support for hearing testimony from all types of individuals. She also expressed concern that this issue could create political problems in the neighborhoods. 4. Discussion of City Attornev Recruitment Process. City Administrator Martha Bennett provided a suggested outline of how the City Attorney hiring process could proceed, but stressed that this is Council's process. She noted that the position closes on Friday, April 20, however currently they have only received three applications. Because of this, she noted that they may need to advertise again and consider adjusting the salary in order to obtain more candidates. Ms. Bennett proposed the following process be used for the City Attorney selection: 1) Have a subset of the Council review the resumes by April 30, 2007 and recommended 4-6 applicants to move forward to the interview process. (Ms. Bennett restated that this subset may need to recommend that the City re-advertise in order to obtain a sufficient number of applications.) 2) Staff would perform an initial background check and prepare a short written exercise for the finalists to complete prior to the interviews. 3) The full Council would then conduct formal interviews with the finalists the week of May 21 - May 29,2007. 4) In regards to community involvement, Ms. Bennett suggested a televised panel, similar to what was used for the Police Chief recruitment, be used. She also noted a citizen's suggestion to have a citizen panel consisting oflocal attorneys also be used. 5) Lastly, a site visit would be conducted and the Mayor would recommend his selection to the Council for appointment. Council voiced support for the process outlined by Ms. Bennett, including the lawyer panel and the televised interview. Comment was made that they could mix attorneys and citizens on one panel. Ms. Bennett clarified that the Council will be the only ones conducting a formal interview and the rest will just be providing feedback. ADJOURNMENT Meeting adjourned at 7:30 p.m. Respectfully submitted. April Lucas. Assistant to City Recorder '" T CITY OF ASHLAND Minutes Conservation Commission 03/21/07 These Minutes will be reviewed by Conservation Commission at the April 25, 2007 Conservation Commission Meeting. March 21,2007 7:00 pm Community Development Building 51 Winburn Way Ashland CALL TO ORDER Vice-Chairperson Chapman called the meeting to order at 7:05p.m. in the Siskiyou Room at the Community Development Building. ROLL CALL Attendees: Risa Buck, Russ Chapman, Stuart Corns (7:15), Lindsay Gerken, Jim Hartman, Ross Finney, Melissa Schweisguth (arrived 7:35). Kathryn Houser was not present City Council Liaison: Dave Chapman, arrived 8:20 Staff Liaison: Dick Wanderscheid APPROVAL OF MINUTES Commissioner Buck corrected the meeting time from 7pm to 5pm on February 28,2007. Commissioner Buck clarified from the prior minutes- under Ashland Sanitary Update section- the grant was a DEQ grant with Rogue Waste Disposal not Rogue Water System. Also, she corrected that Ashland Sanitary would not have access to the containers, but rather they would be able to loan out the containers to the public. Huelz Gutcheon would like to change the wording of "fat wall" to extra thick walls, under the section of New Business, last paragraph. Commissioner Buck corrected the spelling of composting, and Commissioner Gerken corrected spelling for Cities for Climate Protection. Commissioner Finney made a motion to approve the minutes of February 28, 2007 with the stated corrections and Commissioner Buck seconded the motion. Voice vote: all Ayes. The motion passed with a unanimous vote. PUBLIC FORUM Huelz Gutcheon reported on C-Span's report for Global Warming and utility rising costs. He remarked about the Governor's plan to reduce emissions 25% by 2025, that it would be less reduction than the 2% cc min 03 21 07 .doc Page 1 of 4 growth per year of the population. Commissioner Hartman remarked that a 2% population growth a year would be doubling the population in 35 years. Huelz talked about saving heat by utilizing "thick walls". ASHLAND SANITARY & RECYCLING UPDATE: Commissioner Buck reported the Compost Class dates would be May 12, June 16th and July 21, 2007 and also posted on their web site. She reported the Commercial Compost Program has grown from 2 businesses to 11 . Ashland Sanitary has started to receive funds back from recycling toners and ink cartridges, which goes to fund the recycling of fluorescent bulbs. Commissioner Chapman pointed out that the fluorescent light recycling program was a direct result of the Conservation Commission's efforts to help the community participate in recycling programs. Commissioner Buck reported Ashland Sanitary has been receiving requests from local businesses to help them reduce their amount of generated garbage. Robbin Pearce will update the Commission at the next meeting regarding Green Businesses and the qualifications. Commissioner Buck offered to refer names and interested parties to Robbin. OLD BUSINESS A. Adoption of Revised 2007 Goals Chairperson Chapman thanked Commissioner Finney who compiled the draft goals for the Commission. The Commissioners discussed different aspects of the draft goals. Commissioner Hartman made a motion to adopt the draft goals number 1-7, seconded by Commissioner Corns. Voice vote: all Ayes. The motion passed with a unanimous vote. Commissioner Hartman made a motion to adopt an Efh goal "Work with other commissions to establish long-term shared streamlined strategies and goals for sustainable development. " The motion was seconded by Commissioner Buck. Voice vote: all Ayes. The motion passed with a unanimous vote. B. Wood stove Removal Ordinance Update Dick Wanderscheid reported the City Council passed a first reading for an ordinance for removal of wood stoves when the homes were sold C. Open Burning Ordinance Update DEQ asked the City to ban all open burning, and our Fire Dept. supported the ban except for fire hazardous reduction cases. The ordinance passed first reading, but will be reviewed again later this week. D. Earth Day schedule/activity The Commissioners passed around and sign up sheet for their table at the Earth Day event and discussed what activity they would present for the day. E. Discussion on Commission meeting time cc min 03 21 07 .doc Page 2 of 4 The Commissioners discussed changing the meeting time to begin at 5 or 6pm. It was decided to change the meetings to run from 6-8 pm. The Commissioners brought back the topic of open burning, to allow Councilor Chapman to explain his amendment to the ordinance. He explained open burning was only necessary for specific reasons and he would like the ordinance to be designed to ensure minimizing the negative effects of public health, but allowed when determined by the Fire Department necessary. Commissioner Finney made a motion to support Councilor Chapman's proposal to minimize Open Burning in the City of Ashland. The motion was seconded by Commissioner Hartman. Voice vote: The motion passed with an Aye vote from Commission Corns, Gerken, Hartman, Finney and Schweisguth. Commissioner Buck and Chapman abstained from voting. NEW BUSINESS A. Compost Classes and Bins purchase Dick Wanderscheid reported to the Commission there were only 9 compost bins left, and they will need at least 60 to accommodate two classes, with an associated cost of approx. $924.00. Also, last year all three classes were attended by approximately 25 people each. Commissioner Buck made a motion to purchase 60 compost bins at the best rate possible, seconded by Councilor Finney. Voice vote: all Ayes. The motion passed with a unanimous vote. B. Rainwater Collection- Risa Buck Commissioner Buck reported that Robbin Pearce from the Ashland Conservation Department will report at the next meeting regarding rainwater collection. C. Science Works Global Warming Forum, May 10, 2007, 7pm. Dick Wanderscheid reminded the Commission about this forum, included will be Jeff Golden and himself on the panel regarding carbon footprints. SUBCOMMITTEE DISCUSSIONS Commissioner Hartman reported about the Global Warming Subcommittee and their number one goal was to support green tags. He is purchasing green tags to offset his car emissions and wondered if the Commission would help support the purchase of stickers for other cars that offset their emissions with the purchase of green tags? They were in the beginning stages of this idea, and the Commissioners favored the idea. Commissioner Buck spoke to the Commission about supporting electric vehicles and asking the City to support these vehicles. Dick Wanderscheid thought the City was looking into purchasing some of the vehicles, and referred her to Paula Brown in Public Works. The Commission discussed different possibilities to allow every person to take steps toward conservation efforts and reducing global warming. COMMISSION ITEMS NOT ON THE AGENDA Commissioner Chapman reported that North Mountain Park would be holding a worm class in June and asked if the Conservation Commission would still support subsidizing the coupons that would give a person 8-10 dollars off a bin. cc min 03 21 07 .doc Page 3 of 4 Commissioner Schweisguth reported about the Climate Change Event on April 14, 2007, from 12-2pm and the Commission discussed hosting a table. ANNOUNCEMENTS Commissioner Buck remarked about the "trash-in" show at Earth Day, and communicating to the public, or organizations, schools about this part of the event. Commissioner Gerken announced she would not be able to renew her appointment to the Commission after April 30, 2007. The Commission thanked her for her service and wished her well. Dick Wanderscheid asked the Commission to think about sub-committees to support the new goals adopted by the Commission. Next meeting date, April 25, 2007 6pm Community Development Center ADJOURNMENT Meeting adjourned at 9:05 pm. Respectfully submitted, Mary McClary, Administrative Assistant to ElectriclTelecommunications Department cc min 03 21 07 .doc Page 4 of 4 CITY OF ASHLAND ASHLAND HISTORIC COMMISSION Minutes February 7, 2007 Community Development/Engineering Services Building - 51 Winburn Way - Siskiyou Room Historic Commissioners Present: Dale Shostrom, Tom Giordano, Alex Krach, Terry Skibby, Henry Baker, Keith Swink, Sam Whitford, Rob Saladoff, Absent Commission Members: Council Liaison: Eric Navickas, not present Hiah School Liaison: None Appointed SOU Liaison: None Appointed Staff Present: Maria Harris, Senior Planner CALL TO ORDER At 7:05 pm, Chairman Dale Shostrom called the Historic Commission meeting to order. APPROVAL OF MINUTES Mr. Whitford made a motion to approve the minutes and it was seconded by Mr. Swink. The motion passed unanimously by the commissioners present. PUBLIC FORUM: No speakers NEW BUSINESS: See below PUBLIC HEARING Planning Action 2007-00090 630 Siskiyou Blvd. Conditional Use Permit to operate a two-unit Travelers Accommodation Applicant: Bruce & Trudy Duncan Chairman Shostrom read the description of the proposed project and confirmed there were no conflict of interest or exparte contacts. Ms. Harris explained the applicant wanted to use the existing historic home as a single guest unit with an existing apartment over the garage at the rear of the site to serve as the owner's quarters. No changes are proposed to the site or existing buildings. Staff has included a recommendation in the Findings for the owner's to obtain a sign permit which shall be reviewed by the Historic Commission prior to installation of a sign. Jennifer Sallee, 443 Clinton St, representing her parents, Bruce and Trudy Duncan, explained their plan. There being no one in the audience wishing to speak, Chairman Shostrom closed the public meeting. Mr. Skibby said the B & B's generally were good at preserving historic structures and he supported the use. With a motion by Mr. Baker and a second by Mr. Giordano, the Historic Commission unanimously recommended approval of the planning action for a Conditional Use Permit. Ashland Historic Commission Minutes 4/26/2007 CITY OF ASHLAND Chairman Shostrom recommended that since Mr. Giordano needed to recuse himself due to a conflict of interest with the North Main Street and Glenn Street project and there were no applicants or people in the audience wishing to speak on the project, that they move this action to the end of the agenda. There was agreement of all the Commissioners. OLD BUSINESS A. Review Board - Februa Februa Februa 22n March 15 March 8 , Keith, Rob ,Sam, Tom ,Hen ,Dale ,Tom, Alex , Keith, Rob Shostrom Saladoff Saladoff Swink Shostrom Skibb Giordano/Baker Shostrom Saladoff Whitford Swink Swink Krach Shostrom/Giordano Whitford Krach C. National Historic Preservation Week 2007 - "Preservation Works!" - The Commissioners reviewed a spreadsheet of potential nominations, eliminating ineligible projects and dividing the remaining list up between themselves to research and take pictures. D. Lithia Sprinqs National Reqister Nomination - No report E. Sinqle Family Residential Desiqn Standards - No report F. Co-Sponsorship with Conservation Commission for Fall Workshop - No report DISCUSSION ITEMS - Street Lamp Pole Standards - Handouts provided. No further discussion. NEW BUSINESS - None COMMISSION ITEMS NOT ON AGENDA- 2 Ashland Historic Commission Minutes 4/26/2007 CITY OF ASHLAND A. Library Closure - Mr. Skibby expressed his concerns about losing valuable historical materials and collections if the library is closed. Mr. Whitford suggested the Historic Commission write a letter to the Mayor and City Council supporting keeping the library open for historic resources and for commissions. Mr. Krach said he would draft up a letter. Mr. Skibby made a motion to authorize Mr. Krach to draft a letter to the Mayor and City Council as described. Mr. Whitford seconded the motion and it was approved unanimously. B. Open House & Reception - Mr. Whitford and Mr. Skibby agreed to staff the Historic Commission table at the Open House. Mr. Skibby said he would bring some historic photos. Staff will supply a copy of the Historic Districts map. It was also recommended that the nomination binders and last year's Historic Preservation award winner's picture be brought. C. Reconnaissance Survey - Ms. Harris updated the Commissioners on the project and said she would have a map prepared for the next meeting. PUBLIC HEARING (continued) Planning Action 2006-02354 North Main Street and Glenn Street Site Review, Variance and Exception to the Street Standards for new Office Building Raymond J. Kistler Architecture Chairman Shostrom read the description of the project and asked if there were any conflicts of interest. Mr. Giordano said he had a conflict of interest because he had worked on the project and recused himself and left the meeting. There were no other conflicts of interest or ex parte communication. Ms. Harris presented the applicant's plan and alternative plan. The Commissioners discussed the front yard setback issue of ten feet versus twenty feet with respect to the existing grid of historic development. Mr. Baker raised the concern of the feeling of safety for the pedestrian walking along this busy street. Mr. Krach believes the closeness of the buildings to the sidewalk in the downtown core slows down traffic making it feel safer for the pedestrians. Mr. Saladoff felt the proportions of the alternate design were off and felt the variance for the 10-foot setback would be appropriate. Mr. Swink and Mr. Whitford agreed. Chairman Shostrom said the angled corner creates asymmetry on the front fac;ade. Mr. Saladoff suggested clipping both corners to regain the symmetry. Chairman Shostrom also questioned the proportions of the awnings. Most felt the awnings contributed to the cascading effect desired to break up the fac;ade. Mr. Skibby made a motion to recommend approval to Planning Commission as follows: Recommend approval of the revised proposal (i.e. at the ten-foot front yard setback) with the condition that the plans with architectural details are submitted for review of the full Historic Commission prior to submission of the building permit application. Architectural details to include balcony railing detail, window/door sill/jamb details, wall section, awning and knee brace details, storefront brake metal system details, and final material and color palette. Specific recommendations are following. Variance . West and East Sides of N. Main St. The west and east sides of N. Main St. have different historic characters. The West side has larger, statelier residences, setback further from the street. The east side is predominately commercial and the reduced front yard setback from N. Main St. is historically more appropriate for pedestrian commercial interaction. Ashland Historic Commission Minutes 4/26/2007 3 CITY OF ASHLAND . Historic District Setback Standard IV-C-4) Maintain the historic fac;ade lines of streetscapes by locating front walls of new buildings in the same plans as the facades of adjacent buildings. A void violating the exiting setback pattern by placing new buildings in front or behind the historic fac;ade line. Proposed ten-foot setback from N. Main St. matches fac;ade lines in the vicinity. The average historic front fac;ade lines in the area are approximately ten feet. Revised Proposal at Ten-foot Setback . Strongly recommend a 45 degree angle on both ground floor comers to maintain symmetry. . Awnings on three elevations are a positive addition to overall design. Concerned about the length and projection of the knee braces. . Support material samples shown at meeting - Moss Stucco, Vintage 11/ Zincalume roofing and Mountain Brown split-faced CMU. Stucco should be smooth sand finish. Do not support zinc aluminum roofing discussed in original proposal because bright, shiny color is not compatible with surrounding historic materials. . The Historic Commission finds the revised proposal to meet the ten Historic District Design Standards in the Site Design and Use Standards as follows. IV-C-1) Height At an average height of 28.5 feet to the gable ridge, the proposed building is similar to structures surrounding the subject property. The building across the street is 1.5 stories and the condominiums behind the site are similar two-story structures. IV-C-2) Scale and IV-C-3) Massing The building is broken into two modules which creates a residential scale and reduces the mass. The mass of the rear elevation is broken up by the recess in the middle of the building. IV-C-4) Setback See comment above. IV-C-5) Roof Shapes The steep pitched gable roofs match the surrounding historic buildings. IV-C-6) Rhythm of Openings The windows have been changed from original proposal to a more vertical orientation which is compatible with the surrounding historic structures. IV-C-7) Platforms The base of the building is differentiated with by material (split-faced block in Charcoal Black). IV-C-8) Directional Expression Two street facing volumes directed towards N. Main St. matches the orientation to N. Ashland Historic Commission Minutes 4/26/2007 4 CITY OF ASHLAND Main Sf. of buildings in the area. This provides texture rather than being monolithic. IV-C-9) Sense of Entry The ground floor front doors are located in a generously-sized entry alcove which is connected by a plaza and walkway area to the public sidewalk on N. Main Sf. IV-C-10) Imitations The building is clearly not replicating the style of an older period. In summary, the proposed building design manages to address the Historic District Design Standards while accomplishing a contemporary interpretation with different materials and architectural details. Alternative Design at 20-foot Setback The Historic Commission recommends denial of the alternative design. . The design is not complete. . The vastly different building proportions (wider than deep) create a change in bulk, mass and scale that results in a loss of the store front character and too much of a residential feel. . The historic proportion is having a building that is narrow and long - this building design is the opposite. If you look at the site plan with the increased front yard setback, it looks like an improperly site building because it is wide and too shallow. . If the Planning Commission enforces the 20-foot front yard setback, the Historic Commission recommends continuation to review the new design for mass, scale, proportions, materials and details in relation to the applicable Site Design and Use Standards. Mr. Baker seconded the motion and the motion carried unanimously. ANNOUNCEMENTS The next Historic Commission meeting will be on May 2, 2007 at 7:00 pm in the Siskiyou Room. ADJOURNMENT With a motion by Chairman Shostrom and a second by Mr. Whitford, it was the unanimous decision of the Commission to adjourn the meeting at 10:55 p.rn. Ashland Historic Commission Minutes 4/26/2007 5 CITY OF ASHLAND Council Communication Request for Approval of Easement for Public Trail Purposes Meeting Date: Department: Contributing Departments: Approval: May 1, 2007 Parks and Recreation i ouneil, Planning Primary Staff Contact: E-mail: Secondary Staff Contact: Estimated Time: Don Robertson robertsd@ashland.or.us TBA consent Statement: The Ashland Parks and Recreation Commission requests approval of an easement for public trail purposes. Background: For several years, the Parks Department has been working, in conjunction with the Ashland Woodlands and Trails Association, to develop a connected trail system within and around Ashland. Nicholas H. Dienel owns a property that is strategically located along the T.LD. to provide a valuable addition to the public trail system within and immediately around the City of Ashland. A WT A has negotiated, for the benefit of the City and the Parks Commission, an agreement with the property owners to add their property to the public trail system as set forth in the attached easement. Related City Policies: Compatible with Trail Master Plan Council Options: 1. Approve easement as presented. 2. Review easement and consider approval at next City Council meeting. 3. Rej ect easement. Staff Recommendation: Staff and Parks Commission recommend approval of easement for public trail purposes. Potential Motions: Move to approve the easement for public trail purposes as presented. Attachment: Public Trail Easement rA' Name of Transaction: Return Document to: Public Trail Easement Nicholas H. Dienel Barbara Christensen, City Recorder, 20 East Main, Ashland, OR 97520 $1.00 and other good and valuable consideration Grantors: True and Actual Consideration: EASEMENT FOR PUBLIC TRAIL PURPOSES Recitals: A. Grantors are the owners of certain real property strategically located to provide a valuable addition to the public trail system within and immediately around the City of Ashland ("City"). B. The Ashland Woodlands and Trails Association ("AWTA"), working cooperatively with the City and the Ashland Parks and Recreation Commission ("Commission") to acquire, preserve and improve the public trail system, has determined that a trail through the below described property will provide a vital link in this system. C. AWTA has negotiated, for the benefit of the City and Commission, an agreement with Grantors to add the below described property to the public trail system as set forth in thiS easement. . Grantors and City agree: 1. Grant of easement. The above-named Grantors grant to the City of Ashland, Oregon, a perpetual non-exclusive easement in gross to construct, reconstruct, install, use, operate, inspect, repair, maintain and remove and replace a trail for use by the public across, along and upon the real property described below and further referred to in this easement agreement as the "easement area." The easement area is located in Jackson County, Oregon and is described on the attached Exhibit A. 2. Use of surface. Grantors shall have the right to use the easement area for all purposes not inconsistent with the uses and purposes of the property, provided that Grantors shall not build or erect any structure upon the easement area without the prior written consent of City. City agrees to work with Grantor with steps needed to achieve the efficient and effective operation and trail management, including, but not limited to needed signage, fencing, etc. 3. Prior Encumbrances. This easement is granted subject to all prior easements or encumbrances of record. 4. Indemnification. To the extent permitted by the Oregon Constitution and the CitYs charter, the City shall, within the limits of the Oregon Tort Claims Act, defend and indemnify Grantors against any liability for damage to life or property arising from the public's use of the easement under this agreement. The City shall not be required to indemnify Grantors for any such liability arising out of the wrongful acts of the Grantors or the employees or agents of the Grantors. 5. Meraer. This easement agreement constitutes the entire agreement between the parties regarding the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. No waiver, consent, modification or change of terms of this easement shall bind either party unless in writing and signed by both parties. GRAN~~ J N\~ . I . .~\; State of Oregon County of Jackson This instrument was acknowledged before me on tl\ 0\. 't ~ '5 by Jl~ C_li\ C ({t s H . U'/Cndand ->?C/~ 1/) bR [( /) f?; J ) 'dOO 1 , 2eIzt, ~~>:7"",~",'j:';'5j~<' -", OH:ICIAl SEAL ROBIN D. BRUNTON NOTARY PUBLIC-OREGON COMMISSION NO <\!l80.;28 _M'SSION EXP'RES 'AA, . i, ion8 . ..... .. ,.." _~' __ ~.~-. "::c~~~:~'rt'~,.-'.;<~;~.-:;-;;;n-.t';:'~'= " /(0) 2- TRAIL EASEMENT A:\Trail easement V2 12004.doc REGISTERED 'PROFESSIONAL LAND SURVEYOR A....C-... OREGON .IUt..Y 2&. 1.8;10 STUART M. OSMUS No. 2484 ~ 2. 3' c), TERRASURVEY, INC. PROFESSIONAL LAND SURVEYORS 274 FOURTH S'TREET ASHLAND, OREGON 97520 {541J 482-64 74 telTain~/nd.net MAP OF PUBLIC PEDESTRIAN ACCESS EASEMENT LOT 8, BLOCK 1. WELLER LANE SUBDIVISION, PHASE II CITY OF ASHLAND. OREGON FOR ASHLAND WOODLAND TRAILS ASSOCIATION - ..... -- - - LEGEND - - -- PROPERTY UNE LOTS - - - - - EASEMENT " - - - CENTER OF EASEMENT OR 02-53236 OFFIOAL RECORDS, JAa<SON COUNTY, OREGON TAX LOT 2115 \ POINT OF BEGINNING OR 99-23409 ~ ~~~ \~ ~. \ \~o \:~\<\"'J. \ \ \ \ \\~\ \ \ \ \ \ \V'I \ \ ~ \ ~t3 -:1\ f.. '..A ~ ~ C- \\~\ \ \ \ \ \ \ \~\---- - - - \ \ \\ \ \ \ ---- - - - ---- - DATE: JANUARY 13, 2005 NOTE: EAstMENT FOR IRRIGA TlON DITCH AS SHOWN ON ?LA T OF WELlER LANE SUBDIVISION, PHASE 1/, IS NOT SHOWN FOR CLARITY. T 39 S, R f E. SEC 16AB, n. 2115 BASIS OF BEARING: PLA T OF WELLER LANE SUBDIVISION, PHASE 1/ , , SCALE: 1-= 30 lJ.J ~ <::( -.J es -.J GJ s LOT 8, BLOCK 1, WELLER LANE SUBDIVISION, PHASE 2 PUBLIC PEDESTRIAN ACCESS EASEMENT T. 39 S, R 1 E., Sec. 16 AB, TL 2115 A strip of land being 5.00 reet in width and lying 2.50 feet on each side of the following descn"bed centerline: Commencing at the North One Quarter Comer of Section Sixteen, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon; thence South 00. 12' 04" East, 561.00 feet to the Northwest Comer ofWel1er Lane Subdivision, Phase 2 according to the Official Plat thereof as now recorded; thence along the West Line of said . subdivision South 00. 12' 04" East, 78.33 reet to the Point of Beginning; thence South 270 04' 05" East, 19.98 feet; thence South 22" 01' 12" East, 71.17, feet to the southerly line of Lot 8, Block 1 of said Weller Lane Subdivision, Phase 2, being the Point of Termination. January 13,2005 r- REGI8TI!I'IED PROFESSIONAL l LAND SURVEYOR ;t /L...C- OREGON .JULY" ,tII8O STUART M. OSMUS .2484 CITY OF ASHLAND Council Communication Liquor License Application Meeting Date: Department: Approval: May 1, 2007 City Recorder Martha Bennett Primary Staff Contact: Barbara Christensen 488-5307 christeb@ashland.or.us Estimated time: Consent Agenda Statement: Liquor License Application from Billy Harto dba Kobe Restaurant at 96 N Main Street. Background: Application for liquor license is for a new license. The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32). In May 1999, the council decided it would make the above recommendation on all liquor license applications. Council Options: Approve or disapprove Liquor License application. Staff Recommendation: Endorse the application with the following: The city has determined that the location ofthis business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The city council recommends that the OLCC proceed with processing of this application. Potential Motions: Motion to approve Liquor License application. Attachments: None r~' CITY OF ASHLAND Council Communication Third Quarter Financial Report: January - March 2007 Meeting Date: May 1, 2007 Department: Administrative Servi es Contributing Departments: NA Approval: Martha Bennett Primary Staff Contact: E-mail: Secondary Staff Contact: E-mail: Estimated Time: Lee Tuneberg ~iA tuneberl@ashland.or.us Consent Agenda Statement: This is the third quarter financial report for the City (including Parks & Recreation) providing the financial position of the City relating to cash & investments, budgetary revenues and expenditures for the nine month period. Council acceptance of this report is requested. Staff Recommendation: Staff recommends acceptance of this report as presented. Background: The Administrative Services Department submits reports to Council on a quarterly basis to provide assurance of budget compliance and for informational and comparative purposes throughout the year. Information can be provided in differing formats and timetables at Council's request. Unaudited, detailed balance sheets, revenues and expenditure reports are available for your review in the Administrative Service Department office should you require any additional information. The reports are intended to present information in formats consistent with the department, fund and business activity presentations included in the adopted FY 2006- 07 budget document and the manner in which it will be shown in the end of year report. Financial numbers for the third quarter allow the City to refine estimates for the end of the year and to evaluate the impact of the carry over in fund balances on the budget proposed for the coming year. Departments are reviewing operations and capital projects to remain within budget. The construction season has begun but significant expenditures for capital projects will occur between now and June 30. Staff may need to bring budget adjustments to Council in late Mayor June to address needed variations from the adopted budget based upon unanticipated operational costs or changes in projects related to scheduling conflicts. Cash is $2.9 million less than what was on hand at this point in the previous year. At the mid-year point the differential between years was a minus $2.4 million. Of the $24 million total cash, 83% is invested in the Local Government Investment Pool, 10% in ~4.' CITY OF ASHLAND other investments and the remainder is cash on hand, primarily in local bank accounts. Investments reflect the drop in cash, mostly in shifts away from investments outside the Local Government Investment Pool. Several funds are significantly above or below the prior year due to projects or rate increases being deferred. The most notable are the Water Fund recording $3.2 million less cash, Capital Improvements fund down $762,000, Wastewater and Electric funds down over $500,000 each. Funds with higher cash balances than posted for the same quarter last year are the General, Street, Telecommunications and Central Service funds. These increased amounts were projected as part of the current budget process and will be difficult to maintain for next year. Total Revenues are at 72.0% of budget and 3.3% above FY 2005-2006. All expenditure categories except Debt Service are below the 75% budget mark, hovering around 70%. Capital Outlay is 30% of the annual budget representing projects waiting to be started, approval or better weather to resume. In this report only $14,000 of the budgeted $171,000 Contingency in the Central Service Fund has been used for contracted legal services. However, on April 3rd another $109,200 was transferred for additional legal contracted services and recruitment costs leaving a balance of $47,800 for the rest of the year in that fund. Contingency has not been used in any other funds. Fund balance carry forward was $5.5 million above projections and that amount remained at the end of December but, as predicted, has decreased to $2.4 million above the budgeted amount. Overall the City is doing well on its budget with operating revenues to date exceeding operating expenditures by an estimated $4 million but disconnects between resources and requirements relating to capital costs remain and may require resolution through rate increases or capital financing by June 30 or early in next fiscal year. Related City Policies City of Ashland Financial Management Policies, Budget Document Appendix Council Options: Council may accept this report as presented, recommend modifications as discussed or defer acceptance (takes no action) awaiting further information or clarification. Potential Motions: Council moves to accept the third quarter report as presented. Council moves to accept the report as modified by discussion. Council takes no action pending further information or clarification. 11 ~~, CITY OF ASHLAND Attachments: Attached is the City of Ashland financial report for the nine months ended March 31, 2007. This report includes: 1. Financial Narrative (pages iv-vii) 2. Summary of Cash and Investments as of March 31 for the last two years (page 1) 3. Combined Statement of Financial Position City Wide (page 2) 4. Schedule of Revenues by Fund (page 3) 5. Schedule of Budgetary Compliance per Resolution #2006-11 (pages 4-7) The numbers presented are unaudited and unadjusted. 111 rA' CITY OF ASHLAND Financial Narrative Summary of Cash and Investments provides an understanding of changes in the City's cash position across funds and investment types. Please note that the city-wide cash balance has decreased $2,936,098 dollars between years. The Combined Statement of Financial Position is similar to presentations provided in the annual financial report. It is intended to provide the reader an overall sense of the City's financial position at the present time. The Ending Fund Balance is $24.1 million, $2.3 million more than budgeted but $2.6 million less than existed last year at this time. Revenues and Budqetarv Resources at March 31, 2007 total $45,859,157 as compared to total year-to-date requirements of $46,483,631 which results in a $624,474 decrease to Unappropriated Ending Fund Balance. This is approximately $3.1 million less than the annual budget of $2.5 million excess resources over requirements for the year and is primarily due to no borrowing for capital projects being done to this point in the fiscal year. The City carried over $5.5 million more in working capital than was anticipated which, partially offset by the above, results in the $2.3 million positive variance in Unappropriated Ending Fund Balance. On a city-wide basis, Licenses & Permits, Intergovernmental Revenues, Charges for Services, System Development Charges, Assessment Payments and Miscellaneous Revenues are below the 75% mark. Moderate weather affecting utility sales (charges for services) and delayed developer projects (City capital projects) account for Licenses & Permits, Intergovernmental Revenue and Systems Development Charges to be less than projected. Taxes are at 82% with the bulk of revenues for the year coming in November and Interest on investments is over 100% of budget due to better rates. Total Requirements are below budget showing a 59% level. At the first quarter this category was 6% below average, second quarter posts 11 % under average and this quarter is 16% below the three-quarter mark. All major categories are below average and are expected to remain that way through June. Personal Services is 69.4% indicating less than full employment. Successful recruitment of the Community Development Director, Police Chief and many other open positions will bring actual and budget numbers closer to each other for this year and the next. Materials & Services is 70.5% of budget and is consistent with the prior year. Capital Outlay is at $5.2 million to date (only 29.7% of the budget) for the reasons mentioned above. Budgetary Requirements are at 21 % for the year with only $722,200 of the Transfers Out budget completed to date. For the most part, these transfers coincide with the debt service requirements they help to pay. IV r.l' '"' , CITY OF ASHLAND Contingency of $1 ,656,000 remains available for use. The Schedule of Revenues by Fund provides an overview of all resources year-to- date. In most cases, collections are less than budget due to deferred rate increases or less revenue generating activity but variations due to construction and related financing and transfers can affect these percentages and consistency between years. Debt Service, Telecommunications and Ashland Youth Activities Levy funds exceed the 75% average in keeping with projections and anticipated activity in those funds. Debt revenues include taxes and transfers timed with requirements, Cable Televisions revenues exceeded budget projections because the service did not cease as expected and the Youth Activity Levy is totally property tax revenue based resulting in most monies already received. Also, the percentages of expenditures to budget this year are unusually lower because of budgeted revenues from sale of property, rate increases and capital borrowing which have not happened within the General and enterprise funds. Capital outlay and project oriented funds also vary greatly due to project timing and related funding. The Schedule of Budgetary Compliance is intended to present expenditures on a budget basis by fund consistent with the resolution adopting appropriation levels in the budget compliance section of the document. As of March 31, there was one budget adjustment (a transfer from Contingency) presented to Council for $14,000 to appropriate in the Central Service Fund to cover outside legal expenses due to the vacant assistant City Attorney position. With each report, staff attempts to include all material transactions possible that have occurred through the cut off date to provide accurate information. Throughout the year, staff reviews accounts and transactions on varying schedules to ensure proper coding and activity as it compares to what is budgeted. This can cause adjustments to the listed accounts before the year's end and what is included in the comprehensive annual report. General Fund - Total expenditures are 61.4% with $0 Contingency used. Grants and Miscellaneous are above 75% based upon the needs of the recipients. Some departments are below budget due to vacant positions. The Planning Division is 34.7% of budget due to a large expenditure for land ($1,000,000) being budgeted this year but not expended to date. All other appropriation levels are consistent with activities. CDBG Fund - Expenditures are 56.2% of budget with Personal Services at 78.1 %. A $215,000 Interfund Loan repayment to the General Fund awaits the sale of the city- owned Strawberry Lane property. v r.l' CITY OF ASHLAND Street Fund - All expenditures categories are below budget. Variations from the 75% mark are heavily dependant upon capital project activity, most of which is on hold awaiting greater review. Airport Fund - Debt Service is at 100% in keeping with loan requirements. Capital Improvements Fund - Expenditures are at 30.9% with Transfers (operating) above 77%. Capital Outlay included $2.5 million in appropriations for Fire Station #2 construction work that will not be done this year. Related borrowing will also not be done. Debt Service Fund - Expenditures are consistent with timing of payments and budgeted activity. Water Fund - Total fund expenditures are 62.3%. All divisions are below the three- quarter mark of 75% but Improvement SDC's at 96.8% representing some changes in projects from what was budgeted and Debt Service is 100% in keeping with payments and timing required by bond covenants. Most lower percentages are directly related to capital projects yet to begin or awaiting the construction season. Wastewater Fund - Similar to the Water Fund, the Wastewater Fund overall percentage expended is low at 50.2% including operational costs by division at 48-65% of budget with 53% of debt service yet to be paid. A cause for such low percentages is the Collection Division budget includes $786,000 for Capital with $159,087 expended to date and Treatment Division has expended $273,081 against the $489,250 appropriated for capital work. Electric Fund - Expenditures are 62.3% of budget. This is relatively normal for this time of year but staff will need to closely monitor Supply and Transmission costs through the end of the year. These two categories average 76.5% for year to date costs and that is fairly consistent with historical costs being higher in July through September. Recent changes in how wholesale power costs are allocated between both divisions are the cause for the significant variation in percentage of budget between the two categories. Telecommunications Fund - Expenditures are at 70.7%. Cable Television is at 119% of Budget due to the date of Cable TV transferring to Ashland Home Net being later in the year than expected and budgeted. A transfer of appropriations will be reflected in the next report showing appropriation being transferred from Customer Relations\Promotions to cover the overage. Central Services Fund - Except for Administration, expenditures for all divisions are below the 75% mark with an average of 67%. Some of this is due to open positions, project and maintenance delays. Administrations higher percentage represents added legal costs that were addressed by Council in early April. VI r., CITY OF ASHLAND Insurance Services Fund - Material & Services are 44.7% of budget, consistent with activity given the annual premiums paid in the first quarter resulting in Materials and Services at 73.9%. Equipment Fund - Personal Services and Material & Services are below the 75% mark and Capital Outlay is 32.3% awaiting equipment purchases in process. Cemetery Trust Fund - Transfers are consistent with activity. Parks and Recreation Fund - Expenditures are consistent with activity at 65.1 % and no Contingency used. Ashland Youth Activities Levy Fund - Materials & Services will reflect a significant payment to the school district in January per the agreement on handling tax revenue proceeds. Parks Capital Improvements Fund - No Capital Outlay is recorded to date. Unaudited, detailed balance sheets, revenues and expenditure reports and fund statements are available for your review in the Administrative Services Department office should you require any additional information. Vll r;., City of Ashland Summary of Cash and Investments March 31, 2007 Balance Balance Change From Fund March 31, 2007 March 31, 2006 FY 2006 General Fund $ 3,050,004 $ 2,425,376 $ 624,628 Community Block Grant Fund 240,847 182,945 57,902 Street Fund 2,489,750 1,661,778 827,972 Airport Fund 39,383 (17,845) 57,228 Capital Improvements Fund 322,840 1,084,613 (761,773) Debt Service Fund 508,651 732,480 (223,829) Water Fund 3,303,350 6,544,686 (3,241,336) Wastewater Fund 4,969,053 5,492,098 (523,045) Electric Fund 1,093,880 1,613,713 (519,833) Telecommunications Fund 663,967 227,354 436,613 Central Services Fund 1,037,531 728,863 308,668 Insurance Services Fund 1,433,413 1,387,925 45,488 Equipment Fund 1,628,107 1,656,205 (28,098) Cemetery Trust Fund 734,380 713,362 21,018 21,515,154 24,433,553 $ (2,918,399) Ski Ashland Agency Fund 27,034 21,935 5,099 Parks & Recreation Agency Fund 2,468,610 2,491,409 (22,799) 2,495,644 2,513,344 (17,700) Total Cash Distribution $ 24,010,799 $ 26,946,897 $ (2,936,098) Manner of Investment Petty Cash $ 3,010 $ 3,010 $ General Banking Accounts 1,479,925 1,037,977 441,948 Local Government Inv. Pool 20,027,864 19,030,910 996,954 City Investments 2,500,000 6,875,000 (4,375,000) Total Cash and Investments $ 24,010,799 $ 26,946,897 $ (2,936,098) Dollar Distribution Ski Ashland, Parks and Recreation Funds 10% All Other (General Government) 31% Central SelVices, Insurance and Equipment Funds 17% 9 Financial Report Mar 31 FY 2007.xls 4/25/2007 City of Ashland Combined Statement of Financial Position City Wide For the ninth month ended March 31, 2007 Fiscal Year 2007 Percent Fiscal Year 2006 Year- To-Date Fiscal Year 2007 Collected I Year- To-Date Resource Summary Actuals Adjusted Expended Balance Actuals Revenues Taxes $ 15,376,427 $ 18,751,882 82.0% $ (3,375,456) $ 14,227,604 Licenses and Permits 677,872 1,713,541 39.6% (1,035,669) 733,355 Intergovernmental Revenues 2,018,443 3,637,810 55.5% (1,619,367) 1.748,989 Charges for Services 24,968,524 34,603,977 72.2% (9,635,453) 24,595,172 System Development Charges 753,145 1,515,900 49.7% (762,756) 938,446 Fines and Forfeitures 130,101 157,000 82.9% (26,899) 96,485 Assessment Payments 100,543 252,000 39.9% (151,457) 311,438 Interest on Investments 727,683 703,300 103.5% 24,383 559,067 Miscellaneous Revenues 384,221 1,642,400 23.4% (1,258,179) 468,385 Total Revenues 45,136,957 62,977,810 71.7% (17,840,853) 43,678,941 Budgetary Resources: Other Financing Sources 500,000 0.0% (500,000) Interfund Loans 745,000 0.0% (745,000) Proceeds From Debt Issuance 16,147,100 0.0% (16,147,100) Transfers In 722,200 1,034,934 69.8% (312,734) 961,229 Total Budgetary Resources 722,200 18,427,034 3.9% (17,704,834) 961,229 Total Resources 45,859,157 81,404,844 56.3% (35,545,687) 44,640,170 Requirements by Classification Personal Services 15,785,111 22,732,581 69.4% 6,947,470 15,065,994 Materials and Services 21,887,932 31,027,927 70.5% 9,139,995 21,426,247 Debt Service 2,886,053 4,163,428 69.3% 1,277,375 3,307,577 Total Operating Expenditures 40,559,096 57,923,936 70.0% 17,364,840 39,799,818 Capital Construction Capital Outlay 5,202,335 17,510,975 29.7% 12,308,640 2,856,741 Interfund Loans 745,000 0.0% 745,000 Transfers Out 722,200 1,034,934 69.8% 312,734 961,229 Contingencies 1,656,000 0.0% 1,656,000 Total Budgetary Requirements 722,200 3,435,934 21.0% 2,713,734 961,229 Total Requirements 46,483,631 78,870,845 58.9% 32,387,214 43,617,788 Excess (Deficiency) of Resources over Requirements (624,474) 2,533,999 -24.6% (3,158,473) 1,022,382 Working Capital Carryover 24,678,685 19,154,800 128.8% 5,523,885 25,655,059 Unappropriated Ending Fund Balance $ 24,054,211 $ 21,688,799 110.9% $ 2,365,412 $ 26,677,441 9 Financial Report Mar 31 FY 200l.xls 4125/2007 2 City of Ashland Schedule of Revenues By Fund For the ninth month ended March 31, 2007 Fiscal Year 2007 Fiscal Year 2006 Year-To-Date Fiscal Year Percent to Year-To-Date Revenues by Fund Actuals 2007 Adjusted Budget Balance Actuals City General Fund $ 9,921,488 $ 16,843,770 58.9% $ (6,922,282) $ 9,785,816 Community Block Grant Fund 376,300 636,250 59.1% (259,950) 94,000 Street Fund 2,830,822 11,927,753 23.7% (9,096,931 ) 2,554,290 Airport Fund 74,442 164,087 45.4% (89,645) 82,068 Capital Improvements Fund 1,206,829 6,769,119 17.8% (5,562,290) 613,123 Debt Service Fund 1 ,404,495 1,805,072 77.8% (400,577) 839,175 Water Fund 3,503,677 15,445,296 22.7% (11,941,619) 3,421,517 Wastewater Fund 3,430,978 9,540,802 36.0% (6,109,824) 3,439,142 Electric Fund 9,652,764 15,339,492 62.9% (5,686,728) 9,419,079 Telecommunications Fund 1,633,114 2,097,454 77.9% (464,340) 2,615,073 Central Services Fund 4,064,526 5,922,861 68.6% (1,858,335) 4,211,589 Insurance Services Fund 520,560 1,585,319 32.8% (1,064,759) 459,827 Equipment Fund 1,073,756 2,862,230 37.5% (1,788,474) 1,003,107 Cemetery Trust Fund 40,769 754,212 5.4% (713,443) 26,590 Total City Components 39,734,519 91,693,717 43.3% (51,959,198) 38,564,396 Parks and Recreation Component Parks and Recreation Fund 3,924,195 6,058,700 64.8% (2,134,505) 3,778,988 Ashland Youth Activities Levy Fund 2,195,445 2,431,361 90.3% (235,916) 2,095,666 Parks Capital Improvement Fund 4,998 375,866 1.3% (370,868) 201,120 Total Parks Components 6,124,638 8,865,927 69.1% (2,741,289) 6,075,774 Total City $ 45,859,157 $ 100,559,644 45.6% $ (54,700,487) $ 44,640,170 9 Financial Report Mar 31 FY 2007.,ls 4/25/2007 3 City of Ashland Schedule of Budgetary Compliance Per Resolution #2006-11 For the ninth month ended March 31, 2007 Fiscal Year 2007 Year-To-Date Fiscal Year 2007 Percent Actuals Adjusted Used Balance General Fund Administration $ 90,170 $ 253,780 35.5% $ 163,610 Administrative Services - Municipal Court 283,128 395,035 71.7% 111,907 Administrative Services - Social Services Grants 113,305 115,360 98.2% 2,055 Administrative Services - Economic & Cultural Grants 416,796 504,650 82.6% 87,854 Administrative Services - Miscellaneous 5,510 7,000 78.7% 1 ,490 Administrative Services. Band 31 ,457 61,554 51.1% 30,097 Police Department 3,472,904 5,325,77 4 65.2% 1,852,870 Fire and Rescue Department 3,689,664 5,262,372 70.1% 1,572,708 Public Works - Cemetery Division 230,813 355,375 64.9% 124,562 Community Development - Planning Division 803,017 2,313,591 34.7% 1,510,574 Community Development - Building Division 555,155 801,756 69.2% 246,601 Transfers 500 500 100.0% Contingency 400,000 0.0% 400,000 Total General Fund 9,692,419 15,796,747 61.4% 6,104,328 Community Development Block Grant Fund Personal Services 27,712 35,485 78.1% 7,773 Materials and Services 330,158 385,765 85.6% 55,607 Other Financing Uses (Interfund Loan) 215,000 0.0% 215,000 Total Community Development Grant Fund 357,870 636,250 56.2% 63,380 Street Fund Public Works - Street Operations 1,226,393 4,060,268 30.2% 2,833,875 Public Works - Storm Water Operations 408,913 739,870 55.3% 330,957 Public Works - Transportation SDC's 47,075 274,850 17.1% 227,775 Public Works - Storm Water SDC's 17,503 47,500 36.8% 29,997 Public Works - Local Improvement Districts 23,240 343,498 6.8% 320,258 Contingency 153,000 0.0% 153,000 Total Street Fund 1,723,124 5,618,986 30.7% 3,895,862 Airport Fund Materials and Services 54,985 111,532 49.3% 56,547 Debt Service 35,072 35,173 99.7% 101 Contingency 5,000 0.0% 5,000 Total Airport Fund 90,057 151,705 59.4% 61,648 9 Financial Repen Mar 31 FY 2OO7.,ls 4/25/2007 4 Schedule of Budgetary Compliance Per Resolution #2006-11 For the ninth month ended March 31, 2007 Fiscal Year 2007 Year-To-Date Fiscal Year 2007 Percent Actuals Adjusted Used Balance Capital Improvements Fund Personal Services 109,436 152,407 71.8% 42,971 Materials and Services 260,998 394,750 66.1% 133,752 Capital Outlay 500,116 3,056,000 16.4% 2,555,884 Transfers 700,000 905,434 77.3% 205,434 Other Financing Uses (Interfund Loan) 530,000 0.0% 530,000 Contingency 50,000 0.0% 50,000 Total Capital Improvements Fund 1,570,550 5,088,591 30.9% 3,518,041 Debt Service Fund Debt Service 1,351,144 1,656,170 81.6% 305,026 Total Debt Service Fund 1,351,144 1,656,170 81.6% 305,026 Water Fund Electric - Conservation Division 122,522 172,005 71.2% 49,483 Public Works -Forest Lands Management Division 116,179 196,000 59.3% 79,821 Public Works -Water Supply 2,072,761 3,020,879 68.6% 948,118 Public Works - Water Treatment 608,993 1,400,354 43.5% 791,361 Public Works - Water Division 1,805,255 3,264,112 55.3% 1,458,857 Public Works - Reimbursement SDC's 204,881 467,670 43.8% 262,789 Public Works -Improvement SDC's 680,381 702,580 96.8% 22,199 Public Works - Debt SDC's 123,711 123,932 99.8% 221 Contingency 152,000 0.0% 152,000 Total Water Fund 6,256,650 10,043,989 62.3% 3,787,339 WasteWater Fund Public Works. Wastewater Collection 1,082,503 2,240,657 48.3% 1,158,154 Public Works. Wastewater Treatment 1,316,363 2,022,260 65.1% 705,897 Public Works -Reimbursements SDC's 192,160 0.0% 192,160 Public Works -Improvements SDC's 19,479 108,090 18.0% 88,611 Debt Service 846,020 1,793,196 47.2% 947,176 Contingency 149,000 0.0% 149,000 Total Wastewater Fund 3,264,365 6,505,363 50.2% 3,240,998 Electric Fund Electric - Conservation Division 352,214 976,645 36.1% 624,431 Electric - Supply 5,112,553 6,557,504 78.0% 1,444,951 Electric - Distribution 3,726,313 5,189,851 71.8% 1,463,538 Electric - Transmission 705,908 1,048,600 67.3% 342,692 Contingency 381,000 0.0% 381,000 Total Electric Fund 9,896,988 14,153,600 69.9% 4,256,612 9 Financial Report Mar 31 FY 2007.xls 4/25/2007 5 Schedule of Budgetary Compliance Per Resolution #2006-11 For the ninth month ended March 31, 2007 Fiscal Year 2007 Year-To-Date Fiscal Year 2007 Percent Actuals Adjusted Used Balance Telecommunications Fund IT - Customer Relations\Promotions 40,674 223,608 18.2% 182,934 IT - Cable Television 569,517 478,746 119.0% (90,771 ) IT - Internet 524,098 776,310 67.5% 252,212 IT - High Speed Access 195,624 301,179 65.0% 105,555 Contingency 100,000 0.0% 100,000 Total- Telecommunications Fund 1,329,913 1,879,843 70.7% 549,930 Central Services Fund Administration Department 766,613 1,012,925 75.7% 246,312 Administrative Services Department 1,362,999 1,919,524 71.0% 556,525 IT - Computer Services Division 656,215 982,388 66.8% 326,173 City Recorder 187,163 269,768 69.4% 82,605 Public Works - Administration and Engineering 928,460 1 ,488,463 62.4% 560,003 Contingency 157,000 0.0% 157,000 Total Central Services Fund 3,901,450 5,830,068 66.9% 1,928,618 Insurance Services Fund Personal Services 400,000 0.0% 400,000 Materials and Services 488,481 661,291 73.9% 172,810 Contingency 32,000 0.0% 32,000 Total Insurance Services Fund 488,481 1,093,291 44.7% 604,810 Equipment Fund Personal Services 181,577 266,474 68.1% 84,897 Materials and Services 355,104 519,957 68.3% 164,853 Capital Outlay 457,729 1,415,000 32.3% 957,271 Contingency 42,000 0.0% 42,000 Total Equipment Fund 994,410 2,243,431 44.3% 1,249,021 Cemetery Trust Fund Transfers 21,700 19,000 114.2% (2,700) Total Cemetery Trust Fund 21,700 19,000 114.2% (2,700) 9 Financial Report Mar 31 FY 2007.xls 4/2512007 6 Schedule of Budgetary Compliance Per Resolution #2006-11 For the ninth month ended March 31, 2007 Fiscal Year 2007 Year-To-Date Fiscal Year 2007 Percent Actuals Adjusted Used Balance Parks and Recreation Fund Parks Division 2,535,801 3,868,250 65.6% 1,332,449 Recreation Division 718,962 958,700 75.0% 239,738 Golf Division 253,430 416,000 60.9% 162,570 Debt Service 3,500 0.0% 3,500 Transfers 110,000 0.0% 110,000 Contingency 35,000 0.0% 35,000 Total Parks and Recreation Fund 3,508,193 5,391,450 65.1% 1,883,257 Youth Activities Levy Fund Personal Services 96,000 0.0% 96,000 Materials and Services 2,036,318 2,335,361 87.2% 299,043 Total Youth Activities Levy Fund 2,036,318 2,431,361 83.8% 395,043 Parks Capital Improvement Fund Capital Outlay 331,000 0.0% 331,000 Total Parks Capital Improvement Fund 331,000 0.0% 331,000 Total Appropriations $ 46,483,631 $ 78,870,845 58.9% $ 32,387,215 9 Financial Report Mar 31 FY 2OO7.xl, 4/25/2007. 7 CITY OF ASHLAND Council Communication AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE, ADDING A NEW CHAPTER 10.115, TENANT RIGHTS IN CONVERSION OF EXISTING MULTI-FAMILY RENTAL UNITS INTO FOR PURCHASE HOUSING Meeting Date: May 1, 2007 Department: Community Development Contributing Departments: Legal Approval: Martha Benn Primary Staff Contact: Brandon Goldman 552-207~ E-mail: Qoldmanb@ashland.or.us Secondary Staff Contact: David Stalheim 552-2043 7'/ E-mail: stalheidla>ashland.or.us Estimated Time: 15 Min. Statement: A proposed ordinance, to establish Tenants Rights intended to address tenant displacement and relocation difficulties experienced by households directly impacted by the conversion of existing rental units into for-purchase housing. Background: The City Council reviewed the proposed ordinance and approved first reading on April 17th, 2007. The Council motion to approve the new chapter establishing Tenant Rights included modifications to the ordinance as follows: 1) That section 10.115.030(c) further define Fair Market Rent to specify "as defined by the Department of Housing and Urban Development. As modified this section would read as: "Relocation Benefit" means a sum of money equal to three (3) times the actual rent or three (3) times the Fair Market Rent, as defined by the U.S. Department of Housing and Urban Development for the Medford-Ashland Metropolitan Service Area, for a unit of an equal number of bedrooms as occupied by the tenant, whichever is greater. 2) That section 10.15.050 be reworded as follows: SECTION 10.115.050 Recommendation to Extend Tenancy. Nothing in this ordinance is intended to alter or amend an existing contractual relationship between landlord and tenant or the rights and remedies available to landlords or tenants under existing state law. If the Notice Period exceeds the term of tenancy in the Rental Agreement, it is recommended that the length of tenancy be extended to coincide with the expiration of the Notice Period to provide for continued occupancy. Early expiration of the tenancy after notice is given does not relieve the declarant from the r.ll requirement to provide relocation assistance for existing tenants. In addition, termination of a tenancy by the landlord for improper purposes of avoidance or frustration of the rights granted tenants by ORS Chapter 100 or this ordinance, is a violation of this ordinance as detailed below. The ordinance as presented has been modified to incorporate the above noted changes. Potential Motion: · Move to adopt the Tenant Rights Ordinance as presented and proceed with Second reading by title. Attachments: Ordinance NO. AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE, ADDING A NEW CHAPTER 10.115, TENANT RIGHRS IN CONVERSION OF EXISTING MULTI-FAMILY RENTAL UNITS INTO FOR PURCHASE HOUSING Minutes, memos and the Staff report relating to the Conversion of multi-family rental units into for purchase housing were included in the Council Packet on April 17th under the proposed Land Use Ordinance amendments. Those attached documents also relate to the proposed Tenants Rights Resolution. r.l' ORDINANCE NO. AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE, ADDING A NEW CHAPTER 10.115, TENANT RIGHTS IN CONVERSION OF EXISTING MULTI-FAMILY RENTAL UNITS INTO FOR- PURCHASE HOUSING. Annotated to show deletions and additions to the code sections being modified. Deletions are . and additions are in bold. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v. International Ass'n of Firefiqhters. Local 1660, Beaverton Shop 20 Or. App. 293,531 P 2d 730, 734 (1975; and WHEREAS, ORS Chapter 100 sets forth certain minimum requirements for the protection of the health, safety and welfare of tenants who are adversely impacted by the conversion of multi-family residential apartment units to condominium ownership; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect the health, safety and welfare of existing and future residents of such units proposed for conversion, it is necessary to exercise additional regulatory control over conversion of existing multi-family rental units into for-purchase housing, not inconsistent with state law. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. New Chapter. A new Chapter 10.115 TENANT RIGHTS IN CONVERSION OF EXISTING MULTI-FAMILY RENTAL UNITS INTO FOR- PURCHASE HOUSING is hereby added to the Ashland Municipal Code to read as follows: TENANT RIGHTS IN CONVERSION OF EXISTING MULTI_FAMILY RENTAL UNITS INTO FOR_PURCHASE HOUSING SECTIONS: 10.115.10 10.115.20 10.115.30 10.115.40 10.115.50 10.115.60 10.115.070 10.115.080 SECTION 10.115.010 Declaration of Policy. Notice of Conversion and Tenant Rights. Tenant Right to Relocation Assistance. Tenant Right to Purchase Unit. Recommendation to Extend Tenancy. Prohibited Harassment or Frustration of Tenant's Rights Additional Notice to Housing Staff. Penalties. Declaration of Policy. It is hereby declared to be the policy of the City of Ashland Oregon to utilize the full extent of the City's municipal charter authority in exercise of its police power, for the protection of public health, safety and the general welfare to assure a certain basic rights are provided to tenants of multi- family residential units displaced or affected by conversion of existing multi-family rental housing into for-purchase housing. SECTION 10.115.020 ' Notice of Conversion and Tenant Rights. A. In addition to the minimum content of notice provided in ORS 100.305(1)(a), the declarant in a conversion of existing multi-family rental housing into for-purchase housing shall also include in the notice of conversion all the tenants rights contained in this Ordinance, with specific reference to the Right to Relocation Assistance (moving expenses) adopted pursuant to City Charter authority and ORS 100.320 and set forth in Section 10.115.030 below. Notwithstanding this provision, Notice of Rights shall be deemed sufficient if a copy of this Ordinance is included with an ORS Chapter 100.305 compliant notice. SECTION 10.115.030 Tenant's Right to Relocation Assistance. A. Except as provided in paragraph B below, a declarant shall, no earlier than sixty (60) days and no later than 20 days prior to the end of the tenancy of a unit occupied at the time the Notice of Conversion is served, pay to each and every vacating tenant of a unit a Relocation Benefit as defined herein. The entire benefit shall be paid to a tenant who is the only tenant in a rental unit; if a rental unit is occupied by two or more tenants (as reflected on the lease agreement), then each tenant of the unit shall be paid a pro-rata share of the relocation benefit. B. A Relocation benefit shall not be required when: (1) The declarant has provided a minimum of twelve (12) months written Notice of conversion to tenant, in accordance with this ordinance and ORS Chapter 100; or (2) The tenant has not paid all rent due and payable to the end of the tenancy under the Rental Agreement or extension of such Rental Agreement, if any, twenty-eight (28) days prior to the date the housing unit is to be vacated; or (3) The tenant has purchased or is purchasing a unit within the same conversion to for-purchase housing project; or (4) The tenant quits the premises or otherwise voluntarily terminates the tenancy prior to the end of the tenancy and the 60 day payment deadline for relocation assistance for that tenancy; or (5) The tenant first occupied the unit after the notice of conversion was sent to all unit owners and tenant received a copy of such notice when tenant took occupancy. C. "Relocation Benefit" means a sum of money equal to three (3) times the actual rent or three (3) times the Fair Market Rent, as defined by the U.S. Department of Housing and Urban Development for the Medford- Ashland Metropolitan Service Area, for a unit of an equal number of bedrooms as occupied by the tenant, whichever is greater. SECTION 10.115.040 Tenant Right to Purchase Unit. Notwithstanding lesser rights granted tenants in ORS 100.310, the declarant shall first offer to sell the unit to the tenant who occupies the unit, regardless of the extent of alteration to the physical layout of the unit. Such offer shall not terminate before the expiration of ninety (90) days after its receipt or upon written rejection by the tenant, whichever is earlier. For ninety (90) days after the expiration of the offer to tenant, declarant shall not sell the unit on terms and conditions which are more favorable to the purchaser than the price or terms offered to tenant. SECTION 10.115.050 Recommendation to Extend Tenancy. Nothing in this ordinance is intended to alter or amend an existing contractual relationship between landlord and tenant or the rights and remedies available to landlords or tenants under existing state law. If the Notice Period exceeds the term of tenancy in the Rental Agreement, it is recommended that the length of tenancy be extended to coincide with the expiration of the Notice Period to provide for continued occupancy. Early expiration of the tenancy after notice is given does not relieve the declarant from the requirement to provide relocation assistance for existing tenants. In addition, termination of a tenancy by the landlord for improper purposes of avoidance or frustration of the rights granted tenants by ORS Chapter 100 or this ordinance, is a violation of this ordinance as detailed below. SECTION 10.115.060 Rights. Prohibited Harassment or Frustration of Tenant No declarant, or agent thereof shall engage in conduct which has the effect of harassing, molesting, intimidating, interfering with, or frustrating a tenant's enjoyment or exercise of rights granted pursuant to this Chapter and ORS Chapter 100. Specifically, and without limitation, no declarant shall engage in the following conduct which adversely impacts tenant's exercise of rights: A. Right to Non-disturbance. ORS 100.315 prohibits improvements or rehabilitation of units, except ordinary and necessary repairs, during the 120 day notice period prescribed by ORS 100.305, without the permission of the tenant. This statute provides a tenant occupying a unit with the right to continued quiet use and enjoyment of the premises and to be free from unreasonable interference with that right. Declarant is not prohibited from making improvements to common areas; however, declarant shall not harass, molest, intimidate, interfere with, or frustrating a Tenant's quiet use and enjoyment of the premises by creating unreasonable noise or unreasonable physical disruption of common areas, including access and parking, during the notice period. B. Tenant Right to Occupancy. This Chapter and ORS 100.310 provides tenants with a right to purchase the unit they occupy at the time the notice is provided in accordance with ORS 100.305. In addition, this chapter provides for the payment of relocation benefit to tenant after the notice of conversion is provided. Declarant shall not harass, molest, intimidate, interfere with, or frustrate a Tenant's right to fully consider such offer to purchase by attempting to terminate the tenancy during the offer period, without legal cause, or increasing rent or assessments or by engaging in other actions or conduct which adversely impacts the exercise of tenant's rights. Notwithstanding this prohibition, a scheduled rent increase in accordance with the provisions of a written rental agreement or an increase in rent no greater than a percentage equal to the percentage increase in the Portland-Salem Consumer Price Index for All Urban Consumers for All Items as reported by the United States Bureau of Labor Statistics shall not be considered a violation of this section. In addition, declarant shall not harass, molest, intimidate, interfere with, or frustrate a Tenant's right to collect the relocation benefit by engaging in conduct or actions, including but not limited to those identified herein, which attempt to cause the tenant to voluntarily quit the premises or otherwise abandon tenant's right to relocation benefit. SECTION 10.115.070 Additional Notice to City Housing Staff. Notice of Conversion given pursuant to this ordinance shall be served as provided in ORs 100.305, except that a copy of said notice and list of all recipients shall be provided by regular mail or personal delivery to the City of Ashland Housing Program Specialist within 7 days of its delivery or mailing to tenants SECTION 10.115.080 Penalties. A. It shall be unlawful and a violation punishable under AMC 1.08.020 for a declarant, of a multi-family residential building to fail to strictly comply with, or violate the notice, relocation assistance, right to purchase, or prohibited actions provisions of this Chapter. For purposes of this chapter, the term declarant includes the owner of the multi-family building, regardless of the form of ownership, as well as declarant's authorized agents and contractors. B. Notwithstanding the fine limitations of AMC Section 1.08.020, the fine for violation of any provision of this Chapter shall be a minimum of $1000.00 for each unit affected. If the violation is a failure to pay the relocation benefit or prohibite.d harassment or frustration of tenant's rights and the offender is a corporation or other business entity, then an additional special corporate fine shall be imposed, in addition to the minimum fine, equal to an amount twice the relocation assistance amount unlawfully withheld. SECTION 2 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 3. Codification. Provisions of this Ordinance shall be incorporated in the City 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 any Whereas clauses and boilerplate provisions (i.e. Sections 2-3) need not be codified. 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 , 2007, and duly PASSED and ADOPTED this Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of Reviewed as to form: Mike W. Franell, City Attorney day of ,2007. John W. Morrison, Mayor ,2007. CITY OF ASHLAND Council Communication AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE, CHAPTER 15.04, REGARDING CONVERSION OF EXISTING MULTI-FAMILY RENTAL UNITS INTO FOR PURCHASE HOUSING IN MULTIFAMILY DISTRICTS Meeting Date: May 1, 2007 Department: Community Development Contributing Departments: Legal Approval: Martha Benne Primary Staff Contact: Brandon Goldman 552-2076,~ E-mail: goldmanb@ashland.or.us \ . Secondary Staff Contact: David Stahleim 552-2043 V7 E-mail: stalheid@ashland.or.us Estimated Time: 30 Min. Statement: A proposed ordinance, to clarify regulatory control over the conversion of existing multi-family rental units into for-purchase housing to ensure the converted units are inspected for compliance with the Oregon Structural Specialty Code Chapter 34 for existing structures. The intention of the ordinance is to trigger an inspection, and report to be completed by the Ashland Building Department that identifies items that warrant correction to comply with the building code including exceptions for previously existing buildings. These corrections shall be completed prior to the sale of the converted unit(s).. Background: The City Council reviewed the proposed ordinance at their regular meeting on April 1 ih, 2007. The Council's motion to approve the new chapter amending Chapter 15.04 of the Ashland municipal code included direction to eliminate the following sentence from the proposed ordinance section 15.04.115: Owner shall also furnish a copy of the report and approved final inspections to the buyer, at least 10 days prior to the closing of the sale of the unit. The revised Ordinance as presented has been modified to omit this sentence per Council direction, thereby eliminating the requirement that an owner provide prospective buyers of a converted unit with a copy of the inspection report noting items that were brought into compliance following the required inspection. Further to correct the ordinance presented at first reading the attached ordinance removes a redundant word (conversion) and the addition of the qualifier "multi-family zoning districts" to modify section 15.04.115 as follows. 15.04.115 Conversion to For-Purchase Housing Structures being converted from multiple-family rental unit use to for-purchase housing in multi-family zones shall conform to Oregon Structural Specialty Code Chapter 34 Existing Structures, Sections 3404, 3405, and 3406, including but not limited to, structural, mechanical, plumbing, and fire/life safety, in effect at the time of conversion, and a building permit shall be obtained for such conversion. Specifically, it shall be unlawful for the owner or his agent of multi-family residential units to convert said units and common areas to condominium ownership without prior approval of the building official. Review of components identified in Oregon Structural Specialty Code Chapter 34 Existing Structures shall precede such approval. Owner shall notify tenants that the City Building Division may be rA' performing inspections of units and request entry for such purpose. After completion of the review, a report of items to be brought into compliance, i; any will be provided to the owner or his agent by the Ashland Building Official. Any and all corrective measures and related construction permits with approved final inspections shall be completed prior to sale of units identified in the report. PhYSical improvement or rehabilitation of units and common areas are subject to the limitations of ORS 100.315. The fee schedule for the conversion review shall be established by resolution of the city council. Potential Motion: · Move to approve the Ordinance amending Chapter 15.04 with amendments as presented and proceed with second reading by title. Attachments: Ordinance No. AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE, CHAPTER 15.04, REGARDING CONCVERSION OF EXISTING MULTI-FAMILY RENTAL UNITS INTO FOR PURCHASE HOUSING IN MUL TIF AMIL Y DISTRICTS Minutes, memos and the Staff report relating to the Conversion of multi-family rental units into for purchase housing were included in the April 17th, 2007 Council Packet under the proposed Land Use Ordinance amendments. Those attached documents also relate to the proposed Building Code amendments. rA1 ORDINANCE NO. AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE, CHAPTER 15.04, REGARDING CONVERSION OF EXISTING MULTI-FAMILY RENTAL UNITS INTO FOR-PURCHASE HOUSING IN MULTIFAMILY DISTRICTS Annotated to show deletions and additions to the code sections being modified. Deletions are . and additions are in bold. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v. International Ass'n of Firefiqhters. Local 1660. Beaverton Shop 20 Or. App. 293,531 P 2d 730, 734 (1975) and WHEREAS, Chapter 15 of the City of Ashland Municipal Code contains local building department regulatory control over the conversion of multi-family residential units to condominiums, such measures being first established in 1979; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect the health, safety and welfare of existing and future residents of such units, it is necessary to further clarify such regulatory control over condominium conversion and to provide for additional regulatory measures not inconsistent with state law. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1: Section 15.04.115, Condominiums, is hereby amended to read as follows: SECTION 15.04.115 Conversion to For-Purchase Housing Conversion Condominiums. CONDO CONVERSION ORDINANCE AMENDMENT 1 of3 Structures being converted from multiple-family rental unit use to for-purchase housing in multi-family zones condominiums shall conform to State Code standards Oregon Structural Specialty Code Chapter 34 Existing Structures, Sections 3404, 3405, and 3406, including but not limited to, structural, mechanical, plumbing, and fire/life safety, in effect at the time of conversion, and a building permit shall be obtained for such conversion. Specifically, it shall be unlawful for the owner or his agent of multi-family residential units to convert said units and common areas to condominium ownership without prior approval of the building official. Review of components identified in Oregon Structural Specialty Code Chapter 34 Existing Structures shall precede such approval. Owner shall notify tenants that the City Building Division may be performing inspections of units and request entry for such purpose. After completion of the review, a report of items to be brought into compliance, if any will be provided to the owner or his agent by the Ashland Building Official. Any and all corrective measures and related construction permits with approved final inspections shall be completed prior to sale of units identified in the report. Physical improvement or rehabilitation of units and common areas are subject to the limitations of ORS 100.315. The fee schedule for the conversion review shall be established by resolution of the city council. SECTION 2 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 3. Savings Clause. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement or other actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or actions commenced during the times said ordinance(s) or portions thereof were operative. SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City 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 any Whereas clauses and boilerplate provisions (i.e. Sections ) need not be codified. 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 , 2007, and duly PASSED and ADOPTED this day of , 2007. CONDO CONVERSION ORDINANCE AMENDMENT 20f3 Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of ,2007. John W. Morrison, Mayor Reviewed as to form: Mike W. Franell, City Attorney CONDO CONVERSION ORDINANCE AMENDMENT 30f3 CITY OF ASHLAND Council Communication A Resolution Updating the Forest lands Commission Membership, Quorum, Powers and Duties and Repealing Resolution 2005-31 Meeting Date: May 1, 2007 Department: Fire & Rescue Contributing Departments: Approval: Martha Benne Primary Staff Contact: Keith E. Woodley E-mail: woodleyk@ashland.or.us Secondary Staff Contact: E-mail: Estimated Time: 10 Minutes Statement: A resolution updating the Forest Lands Commission membership, Quorum, Powers and duties and repealing Resolution 2005-31. Background: The Ashland Forest Lands Commission was created by Resolution No. 93-06, which set forth commission membership, quorum, powers and duties. In 1996 Resolution No. 96-21 was approved by the City Council, which amended the number of voting members from nine to seven and a quorum from five to four. Resolution 2005-31 was approved in 2005 which further updated the Forest Lands Commission by removing the requirement that at least one member of the commission be an owner of forest land. The title of "Forest Management Plan" was also amended to read "Ashland Forest Plan", and it was also established that a commissioner would be deemed no longer active if they were absent for four or more meetings in a one-year period without notice. The Ashland Forest Lands Commission, as one of its stated three-year goals in 2005, has completed a review of Resolution No. 2005-31 and has provided proposed amendments for City Council consideration. Specific revisions proposed include a general update of resolution language, as well as the addition of a statement of purpose, substitution of "may" for "shall" regarding inclusion of certain non-voting ex-officio members as members of the commission. Representatives of these other agencies, with the exception of the Fire Chief and a representative from the Public Works Department, do not attend commission meetings unless they have been invited to make presentations regarding issues the commission is currently addressing. A statement has been added in the powers and duties section that references the development of forest ecosystem management plans and related activities, in which the commission has been heavily involved over the past few years. Approval of the proposed amendments will keep the resolution up to date with the current and future forest management activities on City-owned forest lands. Related City Policies: Resolution No. 2005-31 Council Options: Approve, disapprove and/or direct staff to modify resolution language. Staff Recommendation: Staff recommends approval of proposed amendments to resolution. Potential Motions: Motion to approve, disapprove and/or revise proposed Resolution. Attachments: Proposed resolution updating the Forest Lands Commission membership, quorum, powers and duties and repealing Resolution 2005-31. rA' RESOLUTION NO. 2007- A RESOLUTION UPDATING THE FOREST LANDS COMMISSION MEMBERSHIP, QUORUM, POWERS AND DUTIES AND REPEALING RESOLUTION 2005-31 RECITALS A. Resolution No. 2005-31, a resolution updating the Forest Lands Commission, was approved July 20,2005. B. It is desirable to remove the requirement that no less than one owner of forest management lands be a member of the Forest Lands Commission. C. It is desirable to replace the term "Forest Management Plan" with the correct title of "Ashland Forest Plan." D. It is desirable to consider a commissioner no longer active and the position vacant if said commissioner was absent for four or more meetings in a one-year period without notice. E. No other changes are desirable at this time and the powers, duties and responsibilities of the Commission should remain the same. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Purpose. The Forest Lands Commission has as its primary purpose the protection and enhancement of conditions of late-successional and old-growth forest ecosystems on city- owned forest lands to provide high quality water for domestic supply. SECTION 2. Established - Membership. The established Forest Lands Commission shall consist of seven voting members including a representative of the Ashland Parks Commission. The Commission may also consist of certain non-voting ex-officio members, including a representative of the USDA Forest Service Ashland Ranger District, a representative of the Oregon Department of Forestry, a member of the City Council, a representative from the Tree Commission, the Director of Public Works, Director of Planning, Fire Chief, Police Chief, Parks and Recreation Director or their designees. Voting members shall be appointed by the Mayor with confirmation by the City Council. SECTION 3. Terms - Vacancies. The term of voting members shall be for three years, expiring on April 30 of each year. Members now on the Commission shall serve their remaining terms. Any vacancy shall be filled by appointment by the Mayor with confirmation by the City Council for the unexpired position of the term. Any Commissioner who is absent from four or more meetings without notice in a one-year period shall be considered no longer active and the position vacant, and a new person shall be appointed to fill the vacancy. SECTION 4 Quorum - Rules and Meetings. Four voting members of the Commission shall constitute a quorum. If a quorum is present, the affirmative vote of a majority of Commissioners Page 1 of 3 - C:\DOCUME-I\shipletd\LOCALS-l\Temp\2007 Charter Revision Resolution Draft.doc r" r present at the meeting and entitled to vote shall be sufficient to conduct business. The Commission may make rules and regulations for its meetings and procedures consistent with City Ordinances, and shall meet at least once every month. At its first meeting in May, the Commission shall elect a chair and vice-chair. The Director of Public Works, or a designee, shall serve as secretary. SECTION 5. Powers and Duties - Generally. The powers, duties and responsibilities of the Forest Lands Commission shall be as follows: A. To implement the Ashland Forest Plan developed and adopted by the City of Ashland in June, 1992. B. To provide integrated, interdisciplinary direction and oversight for the development of forest ecosystem management plans and related activities in the Ashland watershed. C. To develop a strong community volunteer program to assist in the implementation of the Ashland Forest Plan. D. To submit recommendations to the City Council regarding forest management. E. To ensure that plans integrate the forest management needs and concerns of the City and of private land owners in the wildland urban interface. F. To promote public knowledge and acceptance of the Ashland Forest Plan programs. SECTION 6. Reports. The Commission shall submit copies of its minutes to the City Council and shall prepare and submit such reports as from time to time may be requested of them by the City Council. SECTION 7. Compensation. Voting members of the Commission shall receive no compensation for services rendered. SECTION 8. Resolution No. 96-2lRepealed. Resolution 96-21 "A Resolution Updating the Forest Lands Commission Membership, Quorum, Powers and Duties and Repealing Resolution 93-06" is repealed. SECTION 9. This resolution takes effect upon signing by the mayor. This resolution was read by title only in accordance with Ashland Municipal Code S 2.04.090 and duly PASSED and ADOPTED this day of , 2007. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ,2007. John W. Morrison, Mayor Page 2 of 3 _ C:\DOCUME-l\shipletd\LOCALS-l\Temp\2007 Charter Revision Resolution Draft.doc ,. I Reviewed as to form: Michael W. Frauell, City Attorney Page 3 of 3 - C:\DOCUME-l\shipletd\LOCALS-l\Temp\2007 Charter Revision Resolution Draft.doc CITY OF ASHLAND Council Communication Resolution Repealing Nos. 81-20, 81-63, 89-14 and Appointing Park Commission to Facilitate Senior Program Meeting Date: Department: Approval: May I, 2007 ~ City Recor:~ Martha B';) I' \ Primary Staff Contact: Barbara Christensen 488- 5307 christe b@ashland.or.us Estimated time: 10 minutes Statement: The Senior Program of the City of Ashland has changed over the years since its establishment. The proposed Resolution would make the Parks and Recreation Department responsible for facilitation of all senior programs and activities for the City of Ashland. The Parks and Recreation Department will have the authority to create an advisory committee for the senior program, if necessary. Background: During the annual appointment process it was found that the practice set by Resolutions 81-20, as amended by 81-63 and 89-14 which established this program and created an organizational structure was no longer appropriate. Council Options: Approve or disapprove Resolution. Staff Recommendation: Approve Resolution to reflect current practices. Potential Motions: Motion to approve Resolution repealing Resolution Nos. 81-20, 81-63, 89-14 and appointing Park Commission to facilitate Senior Program. Motion to deny Resolution repealing Resolution Nos. 81-20, 81-63, 89-14 and appointing Park Commission to facilitate Senior Program. Attachments: Resolutions 81-20, 81-63 and 89-14 r. , RESOLUTION NO. A RESOLUTION REPEALING RESOLUTION NOS. 8]-20,8]-63,89-]4 AND APPOINTING PARK COMMISSION TO FACIUTATE SEN]OR PROGRAM Whereas, the Senior Program of the City of Ashland has changed over the years since its establishment; and Whereas, the original Resolutions 8] -20, as amended by 8] -63 and 89-] 4 establishing the program and creating an organizational structure are no longer appropriate. NOW THEREFORE, BE IT RESOLVED BY THE MA YOR AND ClTY COUNCIL OF THE CITY OF ASHLAND: SECTION]. That resolutions 8] -20, 8] -63 and 89-] 4 are repealed. SECTION 2. The Parks and Recreation Department shall hereafter be responsible for facilitation of all senior programs and activities for the City of Ashland. SECTION 3. Parks and Recreation will have the authority to create an advisory committee for the senior program, if necessary. SECTION 4. This resolution shall become effective upon the signing of the Mayor. The foregoing Resolution was READ and DULY ADOPTED at a regular meeting of the City Council on the day of ~_, 2007. Barbara Christensen City Recorder Signed and Approved this day of ,2007 John W. Morrison Mayor ) / / 1'[( RESOLUTION NO. 8l-o?{) A RESOLUTION ESTABLISHING A SENIOR PROGRAM BOARD AND DEPARTMENT OF SENIOR PROGRAMS AND REPEALING RESOLUTION NO. 73-28. WHEREAS, the Senior Program of the City of Ashland has changed over the years since its establishment; and WHEREAS, the original Resolution 73-28 establishing the program created an organizational structure and program descrip- tion which is no longer appropriate. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF ASHLAND: SECTION 1. That Resolution 73-28 is repealed. SECTION 2. That a seven member Senior Program Board be appointed by the Mayor, with confirmation by the City Council, to make general policies for the conduct of City programs servicing Ashland's senior citizens. Two members of the Board shall be City Council members. Board members will be appointed for three year terms. The Board shall elect officers and meet in accordance . with written rules adopted by the Board. SECTION 3. A Department of Senior Programs is hereby estab- lished. Administrative supervision of the Department will be by a Senior Program Director/Advocate who shall be appointed by the Mayor and confirmed by the Council, upon recommendation of the City Administrator. The Director/Advocate shall be responsible to the Senior Board concerning program policy questions and to the City Administrator concerning administrative questions. SECTION 4. The Department will be responsible for administer- ing the City's Utility Discount and Taxi Subsidy programs for seniors, senior information and referral, outreach, transportation and other programs primarily for senior citizens. The foregoing Resolution was READ and mee~ the City Council of the City of of. {' 1981. DULY ADOPTED at a regular Ashland on the /~iiday k~i!~~.IL City Recorder SIGNED and APPROVED this /'1 day of ~u.~ . 1981. . ~~~arl~9/?-e~~. Mayor ~ RESOLUTION NO. 81 - ~3 A RESOLUTION ANENDING RESOLUTION NO. 81-20, EXPANDING THE SENIOR PROGRAM BOARD TO EIGHT MEMBERS. BE IS RESOLVED by the Mayor and City Council of the City of Ashland as follows: SECTION 1. Resolution No. 81-20 shall be amended by changing the first sentence of Section 2 thereof to read as follows: "That an eight (8) member Senior Program Board be appointed by the Mayor, with con- firmation by the City Council, to make general policies for the conduct of City programs servicing Ashland I s Senior Ci tizens. II The foreeoing Resolution was READ and DULY ADOPTED at a regular meeting of t~ City Council of the City of Ashland on thec?o ~day of U~ , 1981. ~~ fu ~/~~ Nan E. Frfm in City Recorder SIGNED and APPROVED this ~.A day of Ot1~~ , 1981. ~ . , 4r~~t""~ L. or on Me ar1S , 0.., "'. RESOLUTION NO. 89-/~ A RESOLUTION AMENDING RESOLUTION NO. 81-20 WITH RESPECT TO THE MEMBERSHIP OF THE SENIOR PROGRAM BOARD. BE IT RESOLVED by the Mayor and City Council of the city of Ashland as follows: SECTION 1. Resolution No. 81-20 as amended by Resolution 81-63, is hereby amended by changing the second sentence thereof to read as follows: "One (1) member of the Board shall be a City Council member." The foregoing Resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the ,'I, day of , , , 1989. / J " / !'. ( " G . / ,/'-L / Nan E. Franklin City Recorder SIGNED and APPROVED this .( day of / 11 I; J . I 1989. ~~/Y7-x::%~~ Catherine M. Golden Mayor RESOLUTION NO. 2007- A RESOLUTION SUPPORTING MEASURE 15-75 LOCAL OPTION TAX FOR OPERATION OF PUBLIC LIBRARIES RECITALS: A. The mission of the Jackson County Library System is to preserve intellectual freedom and strengthen the communities it served by providing open and affordable access to ideas and information; and B. Informed citizens are essential to the productivity of our city and the improvement of our democratic institutions; and C. Libraries serve as gathering places and as vital community centers that play an important role in our community; and D. The Jackson County Library System provides many necessary services to the public including: · An open door to learning and reading for preschool children; · Excellent reference assistance to individuals and organizations seeking information; · Providing books, magazines, newspapers, audiotapes, and music for people of all ages; · Providing computers and Internet access to the public; · Delivery to homebound individuals; · Support services to schools and daycare centers; E. The Jackson County Commissioners have placed a Ballot Measure before voters to create a levy to funds the library system for three years; and F. The Jackson County Library System services should continue to be available to all residents of the county. THE CITY COUNCIL OF THE CITY OF ASHLAND, OREGON, RESOLVES: SECTION 1. The City Council of the City of Ashland, does hereby express it support for the continued operation of the Jackson County Library System, and encourages its citizens to vote YES on Ballot Measure 15-75. SECTION 2. This resolution takes effect upon signing by the Mayor. Measure 15-75 Approval Page 1 of2 r"' r This resolution was read in accordance with Ashland Municipal Code Section S2.04.090 duly PASSED and ADOPTED this Barbara Christensen, City Recorder SIGNED and APPROVED this Reviewed as to form: Michael W. Franell, City Attorney day of day of ,2007. ,2007. John W. Morrison, Mayor Measure 15-75 Approval Page 2 of2 Imperatrice Property Proposal David Chapman 4/25/2007 Imperatrice Property Factoids 824.53 acres in 6 contiguous tax lots outside of Ashland Zoned EFU (Exclusive Farm Use) Purchased for $946,000 in April 1996 with F&B tax funds Current market value unknown 180 acres of irrigated land TID irrigation water rights 475 acre-feet/season (~155Mgals/year) 546.26 acres grazing land Current cost/year $1200 property tax + $3235 TID ($4435) Current income/year $12,000 grazing rights (renew in May) Soil study is available at Public Works Introduction As you all know I have been musing about possible uses for the Imperatrice Property for some time now. As I talked with folks, I was careful to point out that this was not part of any current official city plan. I think it is time to explore appropriate uses for this property. There are three compatible uses that interest me and each has the potential for generating economic and social benefits to the city. However, we should look at other ideas. Recreational The site gives us the opportunity to set aside natural areas for parkland and corridors for hiking, biking and equestrian access. In addition to site access, we need to consider possible future connections such as the beginning of a regional trail to Grizzly Peak or a Ditch Trail along the TID East Lateral. This system could increase Ashland's attraction as a recreational destination. These easements should be identified and recorded whether we keep or sell this land. Agricultural The preservation of farmland and the generation of local food is a common goal for any sustainable community. We may have the opportunity to further this goal, create local jobs and to return an income to the city through agricultural leases or sales. We should seek proposals for agricultural uses favoring organic or permacultural methods. Energy Generation The generation of clean local energy will be another goal of sustainable communities. As some point in the future, the cost of electricity and its transmission may rise enough make it financially favorable for local energy generation. Our first effort will be to continue to encourage solar production on structures within the city. However, there may be opportunities to lease air space over agricultural land and ridges to solar or wind ~ ~.;.~1 "Y].~-.,'i ')l~-:f~~ i ~ U... _'0 j'l~ I)' ~ ~ r;;; ""< .~'2'i,~A"!>~ ~ <' I --', ~ ~ ,.l;.'J/ . ~ (,; ! '\ ':, ~.;; Tv.#( _ i t~7'J.. l ;~. .~~"( ")'1 '. .. cg "I ',--./ ~ ./ ~ 1 JI/../ .' '( .'. 1 ~ '. . ,... i l~f;, '. o~. ,6Wf;' 1/ . ~/~ t, ~. I' i/ \ ~'- " \"'j ~-J I~ :,.~ ... ,II ~ '>> ''11 .1..1 . ~. Ij 1ft ',-ok. ) . . I, " \; ." .1, . ......~- , ''-~ . r'\. "\ b '.'" L.~ 1 /, .. ~ , . ~ ~. ~ ./ Cl:J ~~r /" " - . 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'! ..,-~-~: , -- " "- ..j- - ~ I: 1 \ - " , ) \ , I i\~"..,~/:.. '. '1,..1 , j - \ I), :' - \ fj. Z -;-'" I \ ~:<J '~ ~~'~'ii " \~~1 '.I'" .</0 '< l/" "', \ fff ""lIJ < n~ 111ft: . ,"\ nil i f~ Ie ii;\ II " i ~ l. I \:> ~ .:,!,":, "., ~ ~^---- .;,~.' "./ '!, I ,,/ ''oj ~l -".;. L :5 l"~' 1 ~. I '5' "\ ~. I ~ \1-4 ~ - t I........ . u '~_..~.. I ~ : ,(([ . '-' --T7 '-r ,< '\ ; .,# '"...... " ...' . ,;,// --'~,' ._.' rf ~l ;;,. jl ,~~r.. i :il ,/ ( V \ j. . ;1.) i\ j (" , ~ '. \,..} , 1i'J :)., ,~-.........J ~' t '7"L?' ....\~,~ - '., <-,~" ~~~\ ' -~~...i.l, ~, 'c"" .'jl . '\. . , '~. \ , .... '" ............ .1' ...- ...... /- - 'f'L. 'I : . ., -"-'.'/~-' , .I i .~; l l" . I ..7, Don 5i!lIJ -Ii 0 ~ d:: ~ fi i . s: i ~ ~i i ~... .. &. . . AMBUJA ROSEN'S SPEECH IN PUBLIC FORUM 5/1/07 We've been c~mpaigning for 16 months to get a law limiting the tethering Qf .animals at their homes. Three of the councilors still oppose this. I've been told that Ashland doesn't have the resources to enforce it. I've been told that the police won't have the time. I called 12 communities with similar tethering laws. One animal control officer told me that the law only takes about an hour to enforce. Based on the number of complaints these 12 communities get, I expect that after a brief flurry of complaints for the first few months or year, Ashland will only get a handful of complaints a month, if that. Do the police have four or five hours a month to enforce this? I think so. r and at least one other citizen have seen three or more police cars pile up at a minor incident, such as a fender bender. I'm not saying the police are sitting around twiddling their thumbs. But they have their slow periods. Recently I called about my stolen bicycle which r discovered parked outside the food co-op. Within ten minutes, an officer was there. If the police have time for minor incidents like that, surely they have time to rescue a dog or other animal from the misery of living on a chain. I don't think we need an animal control officer to enforce this. Our former police chief, Ron Goodpaster, looked into getting one, and told me there isn't funding available. I believed this--until I read about the proposed city charter. The same three councilors who oppose the chaining ordinance are the three who voted to put the new charter on the ball>:lt. This charter allows the councilors and mayor to set their own salaries. If it passes, you can bet those salaries won't remain at a few hundred dollars a year. Now, I'm not saying that our hard-working mayor and councilors don't deserve good salaries. But clearly, if they're willing to pull money out of the budget to bolster their own salaries, they could easily pull money out for an animal control officer. If what Art Bullock says is accurate, if this charter passes, our city administrator, who already makes 5125,000 a year--several times as much as i;he average Amer'ican-.-(.,ill get a $15,000 raise. This same amount of money could fund a part-time animal control officer. Cities even smaller than Ashand have one. So after seeing the proposed charter, I no longer believe there isn't money to enforce a chaining ordinance. I know that if there were enough commitment on council to help these animals, the llh:lney \"cluld be a lloe;a ted. But again, I believe the Ashland police alone can enforce the simple ordinance I'm proposing. And if some councilors don't think so, I say to them. "Why. not pull mon.ey out of the same place it ,-"auld come to increase your salaries? If you think we need an animal control officer, then let's care enough about the animal family members of Ashland tci fund one." Thank you. fv1~ /) ;)(/)0' J , 17 &Lr- en LL~Q), l 0 rs' I f1 ClttfC. ') ~ , 'PD (I' CE' (i ht d) (ittcj ~vntf\t'sim}ol') W (Tj ''J t1tfcrn~; J /,.f. . if (j, f1Jt!RJ rie A ctffi!.: fW-CO (U r-eM ~ 4f-rh(s Lcz-~. f+e.(L Cl~ 3 ~ 8" heuJ Sl(Jn~~ , ~ ^ -- . -:r: ) ~ Y\-e>>e.r /I''ltellTI ~I Lit m i,s repr-a~W -rh ts J?a.ti tt 0/11.. to a n..~ 0 Vl€ ~ :r.. &e..3 c. r\ b..e. i+ brte:ftL/ ~ QYlSwer (tY1lj ~u t s tee Y1 S' elf', d ~d~~ (S O-[s 0 wel (D>2Jrne 'fl? t't2;J{}.) ^ Li-, befOre ~~ <;;, B n. M a ~ rF"zRJple ~ ~9 yt wct~ ~ USi- ct ~k[ ovr,[cutteftoft {Lovuf2 (JUvt-/f l"f'J:tiV -rM-- r.et1l-h~.' ~ o~ WtMuJ<2n&S .Lol11) ha.oe s < Y\f2JJ) on0 -(uJo or f\.~e f!-:Jrl~ to VMJ ~l~~~~~[J;~ t~r ~ ~J t+ 'Loi-1dt'\,lV\. ~(/r tP~~ fD W b CLY\, 1 rY\o1s i V\ ffs'tf( a:,Ld) ~ wh0 (rve Ot'L ~Hl'S6 tv ~ CV\. ff~r k~l~ fsike- l~e, ~ ~ .d.8. M- -teih-ex-l~ -.... 1-' m (lY\Q.<C!. rtJ u en r\! ~ -tv -PlGi :r:: ~ "'~ J ttll~ T //1" Ilj '\ ~{UThY\, ~ ~~ " Dear Councilors and Mayor: I'm concerned about the animals io Ashland ,-"ho ar'e tied up at the:nr homes for excessive periods. They suffer loneliness. frustration and boredom. They also run the risk of strangling to death, getting abused by kids or adults, getting attacked by animals, OT dying of heatstroke. ,Jackson County 41.110"'. animal. to be tied for their entire lives on short chains. This is not a life that'anyone in Ashland, including pets, should have to endure. . Please pa.s .: laVl'to mak. this kind of animal abuse illegal. Pl!1'.JIr'S'el heayilYtMl!lItrict the tethering of dog'S and othel'" animals at the~,..p'htimes. By doing this, you '-'/i,ll also help, people. f'!uisa!'1ce. T e~'l"'e 41.1 mor.~itdil:y . "iI" often a barking I'" dog'S are. .~ }. L\$c; 'l, r~t. Br!A j );7AI\ SO hl/~l /~~YJ/' \>a ~... tfty are 0//7/0? o IS ~J~ I+e_ ho1t1t~,(.~ :sk J \oJ3 NE :t ~rnY\b ~ ~ Ct' \ Z7.P> ~01: #7 ~~ 'JL / Qu ,;..ty <;)-#=-I3'F- 11'A/~~cll ore9G>~, 77S""?D L;S-6 L\ "1:t;7 .>ld'" 11~lo ~w ~8 WrolO1'lJ. J~\~ O~ CjqSlL> 55 ~ ftJ~d- 5#-C:7?-t?f/~ I 73t:(-31 vJ'. (~ ~.e; 5fe/l ~ 503-~1~ -oa.t~ 5c \- ).~L- qtpl\l H. 0~ C>rlC\O n ~~ ~';;).., \ o...lI\Ll ~Q. a..,~ 7.C\ Dear Councilors and Mayor: I'm concerned about the animals in Ashland who are tied up at their homes for e:<cessive' periods. They suffer lonel iness, frustration and boredom. They also run the risk of stranqling to death, getting abused by kids or adults, getting attacked by animals, aT dying of heatstroke. Jackson County allo\.\,s animals to be tied for their entire lives em short chains. This is not a life that anyone in Ashland, including pets, should have to endure. Please pass a la~' to make this k~ndof animal abuse illegal. Please heavily restrict the tethering of dogs and other animals at their homes. By doing this, you will also help people. Chained -n l1uisance. The:Y,"re a1 more likely to bit.., ' - .",a.L q.. "1" 4/ ICJ . D4 ItVr/ often a barking r dogs are. DJ.I(IQ}Of 4 t~ 01 Dlam MV1~ L tVsveL ~ 5~'~S)"'11o't . '~OK:n~ (~ \4D OrectDr') S1- 1~'hLCt ncl ~+, -Z~~\ -tq4-8 . r l' r1l1'p€flj ~l~ ~lcnoo ~ f170o~ Ik, 1- L;~( () ~ 81{ 531. ~.1l) I o UJl\ \~ ~t-$-(5Y'> 4 lOJ ~O1- ~\%~~ ~ t\~-~ If, I '9 J,OlJf1 (' 0 1-\ l (1ltj '\ Q7Y"?.;o - J1,(:.5ij;) .f> tAIW' ~ f3~ p ~n /) N . .u~i" ~ .._, '~ft;.-,.;.~ t \ .. . - ~ '''-'; ~J,\ _ \, rrs lJ Sf !hit - - ..~~.,,_'"~.. .. \ \ \ Dear Councilors and Mayor: I'm concerned about the animals in Ashland \Alho ar'e tied up at their homes for excessive periods. They suffer loneliness, frustration and boredom. They also run the risk Qf 1itranqling to death, getting abused by kids or adults, getting attacked by animals, OT dying of heatstroke. Jackson County allows animals to be tied for their entire lives on short chains. This is not a life that anyone in Ashland, including pets, should have to endure. Please pass a law to make this kind of animal abuse illegal. Please heavily restrict the tethering of dogs and other animals at their homes. also help people. Chained dogs are often a barking likely to bite eop.le than oth r dogs are. ... . k<,o. C~ ~b(/c~ ;. ,j t .,. ~ LcJ~L,.A.I~/ C$ a.. ~V1 @ ~~~. lli\--- l~{ t'!!;P<f1l;j jVl./'"" ' 4~~./rr' ~~\ ~ v S-$~ ~~ Ie ;2.)...11 a. ou~,~ ,PH~,x: -;z) (C,/ AI I:> I cI(~ J. ( } 'L 9, 7 50 . )ru c.~. IJ'y'; ~ hi",. vt'iI..t/ i , ..t~ I '. ~ tfJ;.../"^ /-"..,,, . c ~~ '1.4' U jAiti-b lL/O, Ntl d ~i r;) :f_. -I ( =r'_5~ I _ lilt! pt~".' !6 r; \},4J< 5t S'L/ /.. x)" C)J'-k' sr J. 'SIlt- a~o /i~.> / / Dear Councilors and Mayor: I'm concerned about the animals in Ashland ....'ho ar'e tied up at their homes felr e:<cessive periods. They suffer 1 O:::lne 1 iness, frustration and boredom. They also run the risk of strangling to death, getting abused by kids or adults, getting attacked by animals, o~ dying of heatstroke. Jackson County allows animals to be tied for their entire lives on short chains. This is not a life that anyone in Ashland, including pets, should have to endure. Please pass a law to make this kind of animal abuse illegal. Please heavily restrict the tethering of dogs and other animals at their homes. also likely to often a barking r dogs a.re. ~~G, ,j)r~~lJ I t.( rc.. A..; LAb h , t"",,~~ r~/ Q I ~, (") /,/ f.. I U Jf'/ F l ver II tJ 975-::)7- 9sS-'13sg O),@ C CaiNm . f\J€..T W '1~ OJ bLV rJeil~ ('A;I.. J:Ji \ 11 (~1~ .TZ~. C' K _~ I .5 \ ~ ~...\\ /., " ~i lli-~ (;) C( .(/~ l' . i- ,tA D /(;; c.: :; '" (0 ~vs o v.o '111 072 )~'i r 771- 7C;5.h 4--7 ~ - 3;;t5 15,11 u:l/lIl5~ (0"1 ~g-5~ qqq~ \\;\-\ .~~ CA"'-C\ S'\[.,~~~ (5Y/ 7b&-~ (phon-e# S..3.5- ;:( ?..}s- 0-3 - / ,) ;t ",. ... ~~ .; J72()'- Y70 -0 fa q 7 ;J' en "'go ~_ L/?I~ ~ 7cV &Jiv(b~ .c. 'Wlj./'i~ .3O'r ~v..)" e 0')( ~,~ 0 lef,,,- W~,On~ tlll\ st-. Cvi;~ 0 0, 7 Ac., &;.~. tJdhlt--J. (JfU ~~.LtD H~ ~. ,.~ 3.uO ~~~LJerr J( . ~"'^'-L ... ',. ~~Q. r.. ~ .~,_ ?I ydw A~. Iklr ..,... .. ,- Dear Councilors and Mayor: I'm concerned about the animals in Ashland \Alho are tied up at their home.. far e:<cessive periods. They suffer loneliness~ frustration and boredom. They also run the risk of strangling to death, getting abused by kids or adults, getting attacked by animals, aT dying of heatstroke. Jackson County allows animals to be tied for their entire lives on short chains. This is not a life that anyone in Ashland, including pets, should have to endure. Please pass a la\A1 to make this kind of animal abuse illegal. Please heavily re~trict the tethering of dogs and other animal.. at the i r homes. By doing this, you ~uisance. They"re also help people. Chained dogs likely to bite eORle' than "\ often a barking r. dog.. are. f1 <:!-J, \ (I~Hfr;A o~0 V, MPll1A'stJ T'Cr1 ~ t1<-L ~r I !>n}.,'~' -.~~'(-'\.~ ..... r.7~<" "" ~ G~~ \ CA'ocrb eN d..-t0-{ d." 00 ~ ce,..... M (} 0 V ~X),,'I:.., LO,^", 1-"t(, B stye e 1- C --flr'-t~ P("'''~ ~\b S~, c '~~d 5)5 JII+"'~ Pt. "'l~~J.. I , ,,\, ., $4..,J ~ I\UM ()l 4,3'7 ~ 9t-. ~~, 4-r( t\.l. N~ J-o:1") If-Y^ - y~ /( ,I.; 5""(J-A~~a.q( ~){/4t; S L~ Sf. klHL7f,JP. X ~~. ($+- V<- ~"" .t:f7)-~ ~/1e ~ \L\l\ ~~ ~~~~ \><D(~\~ o~ 7Z I () g" 5l 1/011 J'{ t'l'i J ()I<~ {,:;Jp ~ . . \ '" j, d 1"'\ ,...", \.A n P _ _ _ 1", ~_. tA... I . \ " -r, Dear Councilors and Mayor: I'm concerned about the animals in Ashland I.tlho are tied UP at their homes for excessive periods. They suffer loneliness, frustration and boredom. They also run the risk of strangling to death, getting abused by kids or adults, getting attacked by animals, aT dying of heatstroke. Jackson County allows animals to be tied for their entire lives on short chains. This is not a life that anyone in Ashland, including pets, should have to endure. Please pass a law to make this kind of animal abuse illegal. Please heavily restrict the tethering of dogs and other animals at their homes. By doing help people. Chained dogs are often a barking likely to bite eo Ie than oth r dogs are. 'Pi neapple d~;~yt S@ e.KQ,ite . (.e) tV\ ,f~etr~\. CuM ~t- 'r~ ~::;W ('--v<< \ Co ( 10 ~ ~etf7'~r, *~ , 6L "7S~ 0..7 .~, L}Q.1) fj-rk.5f /cft:;o i/ ~'. ~ ~ khW 8<:\-~ ~'~/vt ~ 1 . (,/I 57 ---------- ~_.__..__._--- ---._- --_._---_.._---~---- -------_. -------- _._~-..---- - --~ - -- -~- -, - - - - - - -. - - - - - --. - - - -- - ----. - - - - - - ~ - _. - --- --"'-- _. ."..",,' /.1 ~e;_? t>.../ G. Dear Councilors and Mayor: I'm concerned about the animals in Ashland who are tied up at their homes for excessive periods. They suffer loneliness. frustration and boredom. They also run the rrsk of strangling to death, getting abused by kids or adults, getting attacked by animals, aT dying of heatstroke. Jackson County allows animals to be tied for their entire lives on short chains. This is not a life that anyone in Ashland, including pets, should have to endl,1re. Ple&se pass a 141...., to make this kind of animal abuse i lleg..l. Pl...... heav i ly restrict the tetheri n9 of dogs and other anim.a 1. at their homes. also help people. Chained dogs are often a barking likely to bite eORle than oth r dogs are. ... 1f~~eS , u.J ~5~ -r~gh cg7<:t R6 tc{ hLcuJJ .~ L"-' . c... 9~~~ ~------_.- ------------------- ------------.--------..---.--.-..--- E/2IAl ~d1#AtlIJ'r [ 1"/n A L/(Y)E r C 3755 Avo{!A(JO r!J!Ji() 1I2'11f ~I'~J.-tl \) // .~ .~A)wr{l Dear Councilors and Mayor: ,..~ I'm conc:erned about the animals in Ashland ,..,ho ar'e tied up at thei~ homes f.:>r e:<ce'ssive periods. They suffer loneliness. fru'stration and boredom. They also run the risk of strangling to death, getting ~bused by kids or adults, gettinq attacked by animals, o~ dying of heatstroke. Jackson County allows animals to be tied for their entire lives on short chains. This is not a life that anyone in Ashland, including pet~, should have to endure. Please pass a law to make this kind of animal abu.. illegal. Plea~e heavily restrict the tethering of dogs and other animals at their, lames.' also often.. barkine;} r dogs. are. M60re.- . ;~~, lCR3 ~ old-sft Iv ~ f\, V\ ~ \~'t ,.~,,.. ~ i ".) PSO~t~, NJRt-I--Gta )3rq .Y'1a.lL PN.d fld ~ke~ ~."., ~.t.'''ii',; .. ..' , z,os- K&(rr~b.l\ ~f.;;_:; -J 2JP3.c, It5h ~.; I ( I I '-.. '''/. '\ 4 :) " ( " .A 171 I ^ ", 1\_. iii"' IL-I_' _ ....."....