HomeMy WebLinkAbout2008-0617 Council Mtg PACKET
CITY OF
ASHLAND
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AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
June 17, 2008
Council Chambers
1175 E. Main Street
6:00 p.m. Executive Session to consult with legal council regarding pending litigation pursuant to ORS
192.660 (2)(h) and to discuss labor negotiations pursuant to ORS 192.660(3)
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. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
[5 minutes]
1. Study Session of June 2,2008
2. Executive Session of June 3, 2008
3. Regular Council of June 3, 2008
VI. SPECIAL PRESENTATIONS & AWARDS
None
VII. CONSENT AGENDA [5 minutes}
1. Does the Council accept the Minutes of Boards, Commissions, and Committees?
2. Should the Council approve the Intergovernmental Agreement with Jackson County to pay
$5300.00 to use the County sobering unit?
3. Does the Council wish to confirm the Mayor's appointment of Treg Scott for a term to expire
April 30, 2011 to the Airport Commission?
4. Shall the City Administrator be designated as the primary person responsible to insure an
annual audit is performed per ORS 297?
5. "Should Council approve a resolution adopting a supplemental budget for FY 2007-2008
Budget a third time to create appropriations and authorize expenditure of grants received to
purchase firefighter protective clothing and help pay for annual health insurance renewal?"
6. Should Council approve a resolution to adjust budget appropriations for changes in
operational expenses to remain in compliance with Oregon Budget Law?
VIII. PUBLIC HEARINGS (Testimony limited to 5 minutes per speaker, unless it is the subject of a
Land Use Appeal. All hearings must conclude by 9:00 p.m., be continued to a subsequent
meeting, or be extended to 9:30 p.m. by a two-thirds vote of council {AMC ~2.04.050.E})
1. Should the Council grant a request for Outline Plan approval of a six-lot, five unit Performance
Standards subdivision which includes a Physical and Environmental Constraints Review
Permit for Development of Hillside Lands, a Tree Removal Permit to remove 13 trees six-
inches in diameter at breast height (d.b.h.) or larger, and an Exception to Street Standards to
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allow the applicants to end street improvements at the driveway of Lot 5 rather than extending
them to the southern boundary of the project? [60 Minutes]
2. Will Council approve increases to the Water, Wastewater, Transportation and Storm Water
utility rates effective August 1, 2008? [45 Minutes]
IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for
Public Forum is 15 minutes. Speakers are limited to 5 minutes or less, depending on the number
of individuals wishing to speak.) [15 minutes maximum}
X. UNFINISHED BUSINESS
1. How does Council wish to distribute Transient Occupancy Tax (TOT) revenue generated by
the existing 7% and the additional 2% tax to be implemented effective October 1, 2008?
XI. NEW AND MISCELLANEOUS BUSINESS
1. Does the Council wish to approve an agreement to partially settle MAA v. City of Ashland?
Please Note: Materials will be provided on June 17, 2008.
XII. ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Should Council make changes in the duties and responsibilities of the Municipal Audit
Committee and approve a resolution titled, "A Resolution clarifying the duties and
Responsibilities of the Municipal Audit Committee and Making the City Recorder an Ex-Officio
Member and Repealing Resolution No. 2003-07"?
2. Should the City Council conduct and approve Second Reading of an Ordinance titled, " An
Ordinance amending the Ashland Municipal Code, Land Use Ordinance concerning special
[arterial] setbacks and associated street standards adopted in Ordinance 2836" and move
approval of the ordinance? [5 Minutes]
3. Should the City Council conduct and approve Second Reading of an Ordinance titled, "An
Ordinance Amending Chapter 4.24.020 of the Ashland Municipal Code Increasing the
Transient Occupancy Tax" and move approval of the ordinance? [5 Minutes]
4. Should the City Council conduct and approve Second Reading of an Ordinance titled, "An
Ordinance Levying Taxes for the Period of July 1, 2008 to and including June 30, 2009, Such
taxes in the sum of $8,616,000 upon all the real and personal property subject to assessment
and levy within the corporate limits of the City of Ashland, Jackson County, Oregon" and move
approval of the ordinance?
5. Should the City Council conduct and approve Second Reading of an Ordinance titled, "An
Ordinance relating to delegation of duties to the City Administrator for acceptance of interest
in real property and the renewal of intergovernmental agreements and amending AMC
Chapter 2.28" and move approval of the ordinance? [5 Minutes]
6. Should the City Council conduct and approve First Reading of an Ordinance titled, "An
Ordinance amending Chapter 2/25, Street Tree Commission, amending name, membership,
quorum, powers and duties, and other requirements" and move the ordinance to Second
Reading? [30 Minutes]
7. Should the City Council conduct and approve First Reading of an Ordinance titled, "An
Ordinance relating to water regulation and cross connection, and repealling Ordinance 2773"
and move the ordinance to Second Reading? [5 Minutes]
8. Should the City Council conduct and approve First Reading of an Ordinance titled, "An
Ordinance relating to lawn sprinklers, providing a penalty, and amending AMC section
15.16.170" and move the ordinance to Second Reading? [5 Minutes]
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
XW. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-
2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I).
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JUNE 2, 2008
PAGE 1 of2
MINUTES FOR THE CITY COUNCIL STUDY SESSION
Monday, June 2, 2008 at 6:00 p.m.
Council Chambers, 1175 East Main Street
CALL TO ORDER
Council Chair Chapman called the meeting to order at 6:05 p.m. in the Civic Center Council Chambers.
ATTENDANCE
Councilors Hartzell, Hardesty, Navickas and Jackson were present. Councilor Silbiger and Mayor
Morrison were absent.
1. Look Ahead Review.
City Administrator Martha Bennett reviewed the items on the Council Look Ahead.
2. Review of Regular Meeting Agenda of June 3, 2008
Arterial Setback Ordinance
City Attorney Richard Appicello clarified two options for the Arterial Setback Ordinance which included
some generic language.
Councilor Hardesty was not opposed to the proposed generic language but voiced her concern that the
setback ordinance is a big change and that it overshadows the sidewalk requirement.
Staff recommended holding to the standard and offered to bring back suggestions for language that the
council could discuss to address concerns voiced.
Croman Mill Site Redevelopment Plan Project
City Council and the some members of the Planning Commission jointly heard an update from
consultants from Jason Graf, Crandall-Arambula and Alan Snook, DKS and Associates.
The report offered four alternatives on the Croman Mill Site Redevelopment Plan. These options
included data on Housing, Office, Retail/Commercial, Industrial, Parks Open Space and Park and Ride
spaces.
The consultants eXplained the process and schedule. These included an informational assembly,
reconnaissance, conceptual plan and review, plan refinement (if needed) and then the final plan. The
results of the workshops that were held and goals were identified. The goals were based on circulation,
land use, policies and regulations.
Agenda - Results of Workshop
Goals identified - Concepts, Light industrial, Office Campus
Workshop #2
Presented response sheet and introduced housing into development.
Option B - Included transit and neighborhood center.
Option C ~ Mix of office and industrial uses.
Option D ~ Office/Employment parcels - served larger employment types.
Presented visual diagrams on all options with transportation concepts and noted that Option D was the
preference by those that attended the public meetings.
CITY COUNCIL STUDY SESSION
JUNE 2, 2008
PAGE 2 of2
Vehicle Trips comparison and transportation analysis was presented along with comparisons on each of
the options and how these trips would effect Ashland Street and Tolman Creek Road. A new Connector
Roadway was presented and potential for realignment verses existing roadway was discussed.
Council and Planning Commission members provided feedback and a variety of issues, including:
· The roadway section should be three lanes versus five lanes regardless of the plan
· Discussion about transit, rail and bike/pedestrian
· That the plan should look at desired employment density and a variety of other performance-
based regulations rather than looking at a narrow, band of uses
· General discussion that there may be certain types offices and manufacturing-type uses that could
be compatible and could generate the concentration of employment that is desired;
· Should look at the possibility of consolidating parking and related costs
· Look at the Washington/Jefferson Street area if that area is the place where lower-density
employment and light industrial uses need to take place and
· The desire for environmental and sustainability concepts integrated into the planning and design
regulations.
It was also determined that there needed to be further discussion on the following:
. Definition of "Green Design"
· Mixing light industrial with Option D
· Maintaining employment density
· Reconsider transportation figures by taking into the current cost of fuel
· Finding a way to make this development affordable at all stages
· Environmental issues associated with housing
· Assumptions being discussed should be better researched
· Market analysis completed
· Consider using other term than "Office Park"
· Affordable housing analysis
· Goal should not necessarily be to "beautify" the area and
· Be creative in the design.
Continued discussion on setback ordinance
Council continued to discuss the difficulty with following the existing interpretation and what was being
proposed in the ordinance. Staff was presented with several questions regarding the proposed ordinance
that the council would like to discuss when the ordinance is presented for approval. Suggestion was made
that this ordinance be sent back to the Planning Commission and Tree Commission for further evaluation.
ADJOURNMENT
Meeting Adjourned at 8:26 p.m.
Respectfully submitted,
Barbara Christensen
City Recorder
CITY COUNCIL MEETING
JUNE 3. 2008
Page I of II
MINUTUES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
June 3, 2008
Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Morrison called the meeting to order at 7:00 p.rn. in the Civic Center Council Chambers.
ROLL CALL
Councilor Hardesty, Navickas, Hartzell, Jackson, Silbiger and Chapman were present.
MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES
Mayor announced vacancies and noted that if anyone was interested in volunteering for any Commissions they
should contact the City Recorder's Office.
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The minutes of the Study Session of May 19, 2008, Executive Session of May 19, 2008 and the Regular
Council of May 20, 2008 was approved as amended. The regular meeting minutes of May 20, 2008 were
corrected on page 5 to reflect correct discussion by Councilor Navickas under discussion on continued original
motion. Sentence should state the following "prioritizing public good over private interests."
SPECIAL PRESENT A TIONS & AWARDS
Mayor's Proclamation of June 14,2008 as Flag Day in the City of Ashland was read aloud.
Mayor introduced those students that would be representing our City as ambassadors for our Sister City of
Guanajuato.
CONSENT AGENDA
1. Does the Council accept the Minutes of Boards, Commissions, and Committees?
04/09 and 04110/08 Citizens' Budget Committee
04/17/08 Citizens' Budget Committee
04/21/08 Citizens' Budget Committee
2. Does the Council wish to approve a Liquor License Application from Peter Alzado dba Oregon
Stage Works at 191 A Street?
3. Will the Council approve the Agreement for Services between the City of Ashland and the Rogue
Valley Transportation District?
Councilor Hartzell requested that Consent item #3 be pulled for discussion.
Councilor Chapman/Hartzell mls to approve Consent Agenda items #1 and #2. Voice Vote: all A YES.
Motion passed.
Councilor Hartzell noted that next Monday night there would be a transit report by consultant HDR and
wanted to know if there was anything in the report that would have an affect in the coming years or
implications on what the agreement the council was being asked to approve.
Management Analyst Ann Seltzer clarified that the options that the consultants are developing for Monday are
long-term transit options and it is unlikely any could be implemented within this next year. The agreement the
council is being asked to approve is just for this upcoming year.
CITY COUNCIL MEETING
JUNE 3, 2008
Page 2 of II
Councilor Hartzell/Silbiger m/s to approve Consent Agenda item #3. DISCUSSION: Staff clarified that
the consultants are still working on the options and that if they are ready prior to the Monday meeting they will
be posted on the city web site sooner. Voice Vote: all AYES. Motion passed.
PUBLIC HEARINGS
1. Adoption of FY2009 Budget and conduct First Reading of an Ordinance titled, "An Ordinance
Levying taxes for the period of July 1, 2008 to and including June 30,2009, such taxes in the sum of
$8,616,000 upon all the real and personal property subject to assessment and levy within the
corporate limits ofthe City of Ashland, Jackson County, Oregon" and move to Second Reading on
June 17, 2008?
Public Hearing open: 7:15 p.m.
No speakers came forward.
Public Hearing closed: 7:16 p.m.
2. Does Council wish to increase the Transient Occupancy Tax (TOT) from 7% to 9%? Does the
Council wish to pass first reading of the attached ordinance?
Public Hearing open: 7:17 p.m.
Administrative Services Director Lee Tuneberg presented the staff report and explained that this follows the
direction from council at their April 15, 2008 meeting. Using this information staff is recommending that the
Transient Occupancy Tax (TOT) be raised to 9%. Staff provided a table with information that came out of the
April 15 meeting which indicated different types of allocation based on existing 7%, staff proposal of9% and
council direction of9%. This table broke down information between non-tourism and tourism. He noted that
during the Economic and Cultural grant development process, applicants showed a little over $40,000 as
tourism related expenses and the total request for Economic and Cultural grants was $320,000 of which
$40,000 was a portion of this. Approximately $125,410 was awarded which reduced the amount going to
tourism, which was $8,719.
Staff included a draft Resolution which would make this increase effective October 1, 2008 and give the
lodging industry time to adjust to the proposed increase. Tax revenues would begin to be received for those
that report on a monthly basis in Novbember 2008 and those that report on a quarterly basis in January 2009.
Katy Bazylewilz/344 Idaho/Board President for Ashland Chamber of Commerce shared their appreciation of
the City's support and appreciation on the increase, if the TOT increase is approved. She noted the good job of
collaboration that has happened between all the entities involved and the opportunity to promote our
community.
Sandra Slattery/110 E Main StreetlExectutive Director of Ashland Chamber of Commerce noted how
important it is for the City to reinvest in the promotion of tourism and economic development through the
Chamber. She noted how the Chamber offers all the tools needed to make the community successful and the
importance of collaboration amongst all the entities in order to deal with the all the unforseen changes in the
future. She noted how the competition for tourism is fierce and that it is important during these economic
challenging times for the Yistor and Convention Bureau (YCB) to receive additional dollars to garner more
exposure, build more events and remain competitve in the market place. She also noted the importance of
building more events in the off season and create more reasons for people to visit our community. The support
by the City through tourism dollars helps to support independent businesses and the Chamber supports the
City's proposal to grant monies to the YCB.
CITY COUNCIL MEETING
JUNE 3, 2008
Page 3 of J J
Graham Lewis/152 N PioneerlEncouraged the council to allocate the majority of the 7% required for tourism
to the VCB. He stated that this is the body of the Chamber that provides tourism in our community and it not
only pays for advertising but offers the opportunity for articles in travel magazines, newspapers and other
publications.
Dale Verger/36 S 2nd Street/Owners of Monet restaurant who noted their recognition on the potential that
Ashland has to offer. She noted her membership with the VCB and that she is currently the Board President of
this organization. She stated that as a buisiness owner they rely on the VCB to bring tourism to our community
through their advertising. Urged the council to approve the TOT increase and to dedicate a good portion of
this to the VCB.
Mallory Pierce/885 Tyler Crrek Rd/DirectorofMarketing and Communication for the Oregon Shakespeare
Festival (OSF). Stated their support to increase 2% which would keep the City on par with Medford and
Jacksonville and would generate important revenue for promoting Ashland tourism throughout the entire year.
OSF supports the original staff recommendation at the April 15, 2008 meeting. In keeping with the spirit of
the state statute requiring 70% of any increase in the TOT to be spent on tourism the original staff
recommendation allowing $300,000 of the estimated available funds to the Ashland VCB and the remaining
balance to a combination of economic development, real property and improvements and Ashland Chamber of
Commerce seems to be the wisest promotion of these monies. She stated that the goal of the VCB is to
promote all of Ashland and should be recognized as a leader statewide in tourism promotion.
Denise Daehler/96 N Main Street #201/Noted that she has been a business owner in Ashland for about two
years. Noted their appreciation of the community and hopes to continue to prosper in this community. Stated
their support for the proposed increase in the TOT and that it be directed toward the VCB in order to continue
the collaborative effort for increase in tourism.
Deanne Anderson/618 Fair Oaks Court/Noted that she is a business owner and voiced her support of the
increase in TOT and that it go towards VCB and Ashland Chamber of Commerce. She noted the difficulty for
businesses due to seasonal tourism and that it is important to try and bring in tourism during winter months.
She stated that these monies will help to promote adjuncts to OSF and noted that they have 20 people who
work for them and that this will help to continue with employment for these individuals. She shared
information about a new Ashland Wellness Tour.
Ginny A ver/1500 E Main Street/Interim Executive Director of Science Works. She noted her involvment
with VCB and her support that as much monies be directed to the VCB as possible. She voiced her
appreciation of the grant monies that have been awarded to Science Warks and shared how these monies had
been used.
Garrett Furnichi/l72 4th StreetN oiced his support for the advertising dollars because he felt it would come
directly back to their business. Commented on the economic crisis at this point and feels that this increase will
help.
Michelle Glass/212 E Main StreetIFood & Beverage Director for the Ashland Springs Hotel. She shared
experience in the food and beverage industry and understands the difficulty with running a successful and
profitable food and beverage business in Ashland. She stated that the holel has 50 employees and noted the
difficulty when these individuals have to be laid off during the off season. She believes that revenue
opportunities are available in the winter seasons and that increased advertising during this time would affect
the liviability of Ashland for its workers and the revenues that the businesses and the City enjoys.
Jac Nickels/821 Beach Street/Noted that he has lived in Ashland since 1973 and voiced appreciation for the
CITY COUNCIL MEETING
JUNE 3, 2008
Page 4 of II
increase in budget for tourism and the work by the Ashland Chamber of Commerce on increasing tourism in
the community. He also noted that he is the chairman for Economic Stability for the Ashalnd Chamber of
Commerce. He stated that due to the economic times that it is important to bring new businesses into town.
He believes that there will be a decline in tourism and urged the council to increase the budget for the Chamber
to continue its efforts for economic development.
Tom Olbrich/356 AIta Street/Noted that he has been a resident in this community for 28 years and is the
Executive Director of the Ashland Film Festival and has served as a volunteer VCB. He spoke in favor of
increasing the TOT to 9% and felt that this increase would be good for the community. If the proposed
increase is approved, the Economic & Cultural Development subcommittee would see a substantial increase in
funding and the Film Festival is greatful for the grants that have been awarded to them. He voiced his
understanding on the difficulty that this committee struggles with every year when awarding these grants. He
noted the lack of funding for the VCB is dramatic and the proposed increase is based on what other
communities have done. He stated that the annual Film Festival would not exist without the grant monies from
the City and is aware of how a strong, vibrant, VCB would be an asset to the Ashland Film Festival and other
non profit organizations. He voiced his support on the increase of the TOT to the VCB and for the Economic
& Cultural subcommittee grantees.
Pam Hammond/632 Walnut/Noted that she is the Vice President of the Ashland Chamber of Commerce and
co-owner of Paddington Station. If council approves the TOT they should consider the VCB and noted the
challenges during the current economic times in regards to costs. She noted their support ofVCB who has the
ability to promote and develop events outside our region with proper funding.
Josh Hammock/1239 Old Willow Lane/Noted that he runs the Stratford Inn and voiced his concern with the
timing of the proposed increase of TOT. Commented on how the increase of 2% to the TOT would affect
those customers that have already made reservations to come to their business. He explained how budgets are
shrinking and he is uneasy with the July 1,2008 date and would prefer the October 1,2008 start date in order
to prepare. He voiced his support of increasing the amount given to the VCB who he believes knows better on
how to manage the money.
Chuck Y oung/1313 Clay Street/Noted that he is co-owner of a Bed & Breakfast (B&B) and is the designated
spokeman for B&B organization. He voiced his caution about the current economy and how money is going to
be spent based on past history. He stated that there is a general comfort level with the proposed increase and
their confidence level with the VCB as they are in the best position to spend this money wisely. He challenges
that the state mandates 70% go to tourism and that 30% can be spent at will. He would like that over time to
get more of the 70% of the proposed 2% increase geared toward tourism in order to be more competitve with
other cities in the state.
Don Anway/212 E Main Street/General Manager of Ashland Springs Hotel. He understands how the VCB
should run and asked that the council look at the percentages that the staff has presented. He noted his concern
that Medford has over $400,000 for a promotion budget as compared to Ashland which has only $208,000. He
stated that the proposed 3.9% increase for the VCB is not that much money and is concerned with where the
allocations are. He felt that the council should think about the small tourism grants and that the VCB can work
with small grantees and draw people to come and visit Ashland and promote their events. He felt that it was
more important that the VCB receive more of an increase and explained how the market in the valley is
changing by large corporations coming into Medford and the size of their budgets as compared to Ashland's.
He noted the importance of getting involved in the Portland market and that $225,000 is not adequate for the
VCB to promote and compete.
Katherine Flanagan/ll0 E Main StreetlPresident ofthe Visitor Convention Bureau and Marketing Director
CITY COUNCIL MEETING
JUNE 3, 2008
Page 5 of II
for the Ashland Chamber of Commerce. She explained how the VCB is well positioned to the lead the way for
tourism promotion in Ashland. She noted the various representatives and members of the VCB and how they
depend on the VCB for promotion efforts. She also noted the existing successful events and those in the
future. She read quotes from a letter of support from Carolyn Hill who is the CEO of Southern Oregon
Visitors Association (SOV A). The quotes shared how a healthy Visitor and Convention Bureau can give
Ashland a competitive advantage and position as an important tourist destination. Increased funding in the
VCB will allow them to participate in meaningful and regional marketing programs and allow them to playa
role in Travel Oregon and other programs, She noted the partnership between VCB and SOY A.
Public Hearing closed: 8:15 p.m.
Mayor Morrison asked for the council to share their positions on the proposed increase. Councilor Hardesty
supported the 2% increase and understands the value of giving VCB more money. She felt that the $225,000
is appropriate and that consideration on giving more next year could happen. She also noted how small grants
have been helpful and are important in the Economic & Cultural area and in tourism area.
Councilor Navickas voiced his support of the 2% increase and is an opportunity to invest in Economic &
Cultural development. He supports the council's direction in distribution and noted how small grantees have
developed over the years. He felt that small grass root efforts are important and how other organizations have
helped stimulate our economy.
Councilor Chapman voiced his support of the increase only if it could be more specific on how the money is
spent. He voiced his concern with the distribution. He noted the budget of$400,000 on Visioning and wouldl
not support the increase until the distribution is better worked out.
Councilor Jackson voiced her support of the 2% increase and is happy to start with councils adopted
distribution. She suggested that the Chamber continue to reach out to small grantees for a partnership with
tourism dollars. She felt that the definition of what is a small grant should be worked out.
Councilor Silbiger voiced his hestitancy about raising the TOT but noted the support from businesses and a
lack of oppositon. He agreed that the allocation is not specific enough and is not comfortable with proposals in
terms of being specific. He does believe that the VCB does a good job and has witnessed how the small
grantees have benefited and grown. If the council would go in this current direction he would suggest allowing
the Chamber of Commerce to particpate in grant funding for specific events. He stated that there is a lot of
cross pollination between small grantees that is not just tourism or cultural, but both. He feels that it is the
30% driving the 70% and that it is the council's goal to increase Economic Development. He voiced his
support of focusing on specifics and the economic portion of this.
Councilor Hartzell stated her initial hesitancy on the percentage increase but became more comfortable once
she became more aware of numbers from around the area. She understands the logic in using the current
economic development engine to figure out what comes next and to add to it. She believes that this change
came about, in order for us as a community to do this, not as a City and this is the challenge. Until there is a
Economic Development planning there is an "unkown" and is important to start. She does believe that there
are specifics and that the plan is only for a couple of years and that the outcome will point to projects where
there is community agreement on. She hoped that the Housing Trust Fund would have been included due to its
tie to economic development and urged the council to include this for discussion purposes by including as
many streams as possible.
Council consensus was in supporting the 2% TOT increase and the concerns regarding specific distribution
CITY COUNCIL MEETING
JUNE 3. 2008
Page 60fll
was noted.
City Administrator Martha Bennett clarified that staff would come back to the next council meeting with a
Resolution to allocate the funds and if this includes an October 1,2008 start date another Resolution would be
done to pro-rate this amount for the year. In addition, if the council includes "qualified city projects" then staff
will come back to council on recommendations. She voiced her continued concern with the ability to allocate
$109,000 and understands that staff will need to return to council in order to get some of their questions
answered. She stated that staff will work with the Apriil 15 council motion unless directed otherwise.
Councilor Hartzell suggested creating a separate category for medium sized groups on consideration of
awarding grants in the future.
Mayor also voiced his concern with $109,000 and understands the need to meet the economic reality of current
conditions. He understands that there is support for using this money for existing efforts and the VCB due to
the competitive environment. He does believe that there needs to be an Economic Study where it is based on
diversification and understanding our community better.
Ms. Bennett clarified that the council needs to decide on the increase, which the proposed ordinance would do
and then staff would bring back a Resolution for discussion on distribution.
Councilor Hardesty/Hartzell mls to increase TOT by 2% increase effective October 1 2008.
DISCUSSION: Councilor Navickas complimented the Chamber of Commerce for organizing a unified
message and challenged the council to attend the Mid Summer Nights Dream that is going to be held and noted
the need for the increase in the TOT that helps support smaller grantees. Councilor Jackson voiced her support
ofthe current distribution because there has always been more requests for the Economic Grants than can be
funded. She also agrees that being more specific on the amounts between tourism and the Economic grants.
Councilor Silbiger voiced his hesitancy to vote in favor before having the opportunity to discuss qualified city
projects and how to handle small tourism grants. He would prefer to wait for the Resolution and does believe
in the need to visit with the Chamber, middle sized groups and work out qualified city projects with a long-
term plan. He stated he would join the council in supporting the proposed increase as long as there is more
discussion in the future on the flexibility where tourism dollars are used. Councilor Hartzell requested that
when staff brings back a list of qualified city projects, she would like for staff to talk to Planning Commissioin
about the last time the Downtown Plan was discussed and parking signage.
Roll Call Vote: Navickas, Silbiger, Hardesty, Hartzell and Jackson, YES; Chapman, NO. Motion passed
5-1.
Councilor JacksonlHartzezll mls to approve first reading of ordinance and move to second reading. Roll
Call Vote: Navickas, Silbiger, Hardesty, Hartzell and Jackson, YES; Chapman, NO. Motion passed 5-1.
ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Should Council adopt the Fiscal Year 2008-09 Annual Budget and make appropriations as
presented?
Lee Tuneberg Administrative Services Director noted the revisions as recommended to council by staff. He
pointed out an increase in the Airport fund of$38,3000; an increase of$36,500 in the Capital Improvement
Plan; an increase of $4,400 in the Electric Fund Debt Service for the clean renewable energy bonds (CREB);
and an increase of $33,200 in the Central Service Fund to correct for a reduction in staff taken twice in the
prior revisions. With the results of these changes the total budget amount is $95,206,615 and a proposed
property tax rate of $4.0797. This covers the General Fund and Parks Fund general levy, .13 cents on the
Library levy and a certain amount that is in the budget itself on the Debt Service that was approved. This
CITY COUNCIL MEETING
JUNE 3. 2008
Page 7 of /I
amounts to a total $4.4179 property tax rate. He clarified that there are four actions that the council needs to
act on which are the following: approve an Ordinance to levy taxes, approve Resolution to qualify for State
Subventions, approve Resolution to receive State Revenues, and approve Resoluition adopting annual budget
and making appropriations.
He explained that due to the action taken on the TOT an adjustment to the appropriation level in the General
Fund on monies to be spent per the higher tax rate for Transient Occupancy Tax needs to be done. He stated
that there is funds included for the Visioning or Economic Development program but there has been no change
in the grant area. The worksheets provided for the TOT showed $436,000 more in revenue if the tax is done
July 1, 2008 but with the delay start date on the TOT tax to October 1, 2008 there may be an estimate of
$250,000 more in tax revenue for the next year. Because there is $200,000 in the Administration budget for
projects he would recommend increasing appropriations in the General Fund by the difference. Staff clarified
that this would be done by Resolution for council approval.
Councilor Hartzell voiced her concern with the cuts in the Fire Department budget and fire inspections that are
not going to be done. Ms. Bennett explained that the Fire Department is spending 98-99% of their budget
level and to sustain a $107,000 budget cut they would have to cut the position they spoke of at the Budget
meeting, which was the Fire Inspector position. She explained that staff is looking at the revenue side to see if
there could be an increase of fees and charges but the problem is charging for something that may not happen.
Ms. Bennett explained that two of the city's unions had agreed to transition from current health care plan to the
preferred provider plan which will save the city a significant amount and would accrue to the departments.
Council continued to discuss with staff the cuts associated with different departments and how city services are
affected. Mr. Tuneberg explained that the council has the authority through Oregon Budget Law to either
increase any fund by $5,000 or 10%, whichever is the greater. This would mean increasing appropriation
which would then affect the ending fund balance. Ms. Bennett continued to explain what happens when staff
positions become vacant and how departments are hesitant to fill positions that may be cut in the future. Staff
explained to council how funding could be done through a supplemental budget and their desire to find new
revenue streams that have not currently been identified.
Council discussed at length the budget process and how the Budget Committee had full discussion on their
recommendation. There was concern raised with making changes to ending fund balances and doing
something different than what was approved by the Budget Committee even if some councilors did not agree
with this decision. It was pointed out that Oregon Budget Law does allow the council to make changes and
that it is not unusual for this to happen. Continued concern was voiced that buildings were not being inspected
and it was not responsible for the city to allow this to happen.
Mr. Tuneberg clarified that the city may receive monies from Bonneville Power Administration (BP A) but the
amount is uncertain. Ms. Bennett stated that because positions have not been filled does not mean that service
levels are not being met. Staff agreed to keep the council updated on the current transitions and will bring back
alternatives when identified.
Council members voiced concern on taking money out of the ending fund balance but also acknowledged the
importance of inspecting buildings and the safety issues associated. It was agreed that looking for other
revenue streams is a good idea and that departments should be allowed to manage their budgets when faced
with cuts.
Councilor Jackson/Silbiger m/s to approve Resolution #2008-15. Roll Call Vote: Silbiger, Hardesty,
Chapman and Jackson, YES; Hartzell and Navickas, NO. Motion passed 4-2.
CITY COUNCIL MEETING
JUNE 3, 2008
Page 8 of 11
2. Should Council certify that the City qualifies for State Subventions?
Councilor JacksonlHardesty m/s to approve Resolution #2008-15. Roll Call Vote: Silbiger, Chapman,
Hartzell, Hardesty, Jackson and Navickas, YES. Motion passed.
3. Should Council declare that the City receive State revenues?
Councilor Silbiger/Hardesty m/s to approve Resolution #2008-14. Roll Call Vote: Hartzell, Jackson,
Chapman, Hardesty, Silbiger and Navickas, YES. Motion passed.
Continuation on adoption ofFY2009 Budget discussion and First Reading of an Ordinance titled, "An
Ordinance Levying taxes for the period of July 1, 2008 to and including June 30,2009, such taxes in the
sum of $8,616,000 upon all the real and personal property subject to assessment and levy within the
corporate limits ofthe City of Ashland, Jackson County, Oregon" and move to Second Reading on June
17,2008?
Councilor Jackson/Silbiger mls to approve first reading of ordinance and move to second reading.
DISCUSSION: Jackson commented that she would not vote against the budget but feels that the approach to
providing quality service to the community should be on how to retain these positions not how to avoid using
property tax authority and is very disappointed in the Budget Committee this year and hopes to have further
community discussion. Councilor Hardesty felt that the Budget Committee did a good job and that it is
difficult to weigh the pros and cons and that keeping taxes modest is a good way to run our city and that there
are ways to economize. Councilor Navickas commented in his disappointment on the decisions made by the
Budget Committee, one of which he felt was a policy decision to maintain fund balances. He voiced his
concern with continued cuts to ending fund balances, which has the potential to effect emergency situations.
He does not feel this is a fiscal conservative policy but a fiscal irresponsible policy.
Roll Call Vote: Silbiger, Hartzell, Chapman, Hardesty and Jackson, YES; Navickas, NO. Motion
passed 5-1.
PUBLIC FORUM
Art Bullock/Announced that a Land Use Board of Appeals (LUBA) case, regarding development on Glenn
Street that had been filed by himself, Philip Lang and Colin Swales had been won against the City of Ashland.
He stated that this was a difficult development and had required five months of council review time. He stated
that LUBA had found that the City had violated its own law and remanded it back to the council. He voiced
his appreciation to those councilors who had voted against this project. He stated his belief that the council is
under heavy pressure from developers and consultants to bend the law in favor of developers and their
interests. He also noted his appreciation to those members on the Planning Commission who voted to support
the law in the public's interest and looks forward to the day when the majority votes in this direction. He
stated that those that had appealed had asked that this be dealt with through alternative dispute resolution
which was denied and which then resulted in unnecessary expense to the taxpayers.
City Attorney Richard Appicello responded to Mr. Bullock's explanation of the LUBA decision. He explained
that the reason why this was remanded back to the City was that there was a request for an exception on Street
Standards. The exception to Street Standards was to have a curbside sidewalk in lieu of a parkrow. LUBA
found that the Findings and Conclusions did not find demonstrable difficulty in meeting the requirement to
build a parkrow to justify an exception to Street Standards to build a sidewalk. This is the only issue LUBA
found with the appeal and is why it was sent back to the City. The council will be asked to look at the question
of whether the applicant wants to proceed with a curbside sidewalk or a parkrow. It could be that the city
should not have granted the exception to the parkrow and this is the only issue and does not include the set
back or design standards.
CITY COUNCIL MEETiNG
JUNE 3. 2008
Page 9 of / /
UNFINISHED BUSINESS (None)
NEW AND MISCELLANEOUS BUSINESS
1. Should the Council approve the public safety dispatch contract with the City of Medford as
proposed?
Police Chief Terry Holderness presented the staff report where he explained that the City had entered into an
agreement with the City of Medford in 2003 to supply dispatch services to the police and fire department. This
contact has expired and the City of Medford has offered a five-year extension of the contract. The contract
does include an approximate 18% increase, which provides for the City of Ashland to be responsible for
paying 25% of the total costs for dispatch services. The City of Medford has never charged the City of
Ashland full price and that this is the first full year that Ashland will experience full charges.
Chief Holderness assured the council that the service level being provided, which is 24/7 with one dispatcher
dedicated to the City of Ashland, is sufficient and meets the needs of the City.
He explained that Jackson County is now using !,Tfant funding to conduct a study on the feasibility of
consolidating all public safety dispatch services in the county, which is the long-term goal. He felt the five-
year contract protects the city and moves in the direction of consolidation.
Councilor ChapmanlJackson mls to approve public safety dispatch contract. Roll Call Vote: Chapman,
Hartzell, Jackson, Navickas, Hardesty and Silbiger, YES. Motion passed.
2. Will Council revise City policies and practices to form a Transportation Commission and disband
the Traffic Safety Commission and the Bicycle and Pedestrian Commission?
Interim Public Works Director Jim Olson presented the staff report and stated that the combination of these
two Commissions has been a goal for quite a few years. He explained that both Commissions are different by
having different duties and responsibilities, but do overlap in several areas. He noted that in the past, there had
been broad objections to the combining of these two Commissions but more recently it has changed to more
broad support. He commented that most of the support comes from recognized transportation issues that are not
being addressed in any other Commission or Committee. Mr. Olson stated that staff has met several times with
Commission members to discuss ideas and identifY key goals that should be included in the Transportation
Commission. He stated that safety is the number one aspect and is the primary element.
Staff is recommending that part of the duties and responsibilities associated with safety be delegated to a sub-
committee of the Transportation Commission in order to have a better flow and delegation on issues that have a
higher safety interest to the full Commission. He explained that Planning is another element that this
Commission would need to look at and proposed that general recommendations would be made to the City on
long-term transportation plans. He stated that funding would be the ability to prioritize and provide long-term
development plan for transportation and transit projects. Mr. Olson stated that advocacy would be an
important role that this Commission would need to assume and noted that parking is another key element that
would need to be addressed. Staff looked at different configurations on the matter of how many voting
members should be on this Commission and recommended nine voting members. It is understood that this is a
draft ordinance that is being presented and that this is only a starting point in order to begin discussion.
Matt Warshawsky 1821 IndianaN oiced his support for the Commission but also voiced his concern that this
Commission not be used as a method for individuals to impede or affect regular planning issues. He stated that
advocacy is an issue of why this has failed previously. He pointed out that the two big events that are
associated with the Bike & Pedestrian Commission, the Bike Swap and Car Free Day are actually run by two
volunteers along with the Parks & Recreation Department. He believes that the Bike & Pedestrian
Commission may not have as much advocacy as believed, and that the Transportation Commission should
CITY COUNCIL MEETING
JUNE 3, 2008
Page 10 of II
support advocacy but not necessarily be the advocates.
Colin Swales/461 Allison/Noted that he is the current chair of Traffic Safety Commission and liaisons with the
Bike & Pedestrian Commission. Mr. Swales stated that his comments are personal and does believe that there
is some synergy between the two Commissions. He believes that since the Planning Commission has decided
to take out of their role, the transportation issue, there is a big hole in overall planning. He voiced his support
for the joint Commission and that it is broad enough to attract interest from the members ofthe community
along with the advantage of cost savings associated with city staff time. He suggested that all the Commissions
should have the same term limits in order for equality between Commissions.
Art Bullock/He stated that the Transportation Commission could be successful if the following three issues are
resolved: 1) Completion of Transportation Plan, 2) Danger of "Car Focus" which has been the focus by the
Traffic Safety Commission and Bike & Pedestrian is more "multi modal" focused which may be an issue if
these two Commissions are combined; and 3) Advocacy. He felt that the Traffic Safety Commission is a
reactive Commission as compared to proactive, planning or advocacy areas. Mr. Bullock stated there needs to
be leadership in establishing bus service, bike lanes and making Ashland more walk able.
City Attorney explained that the version in the packet provided to the council did not include language
associated with term limits as noted by Mr. Swales and that under the Powers and Duties of the sub-committee,
staff had taken out the reference to pre-application conferences on planning actions. Staff changed language to
include more long-range planning which would allow comments, suggestions and concerns to the Planning
Commission on City of Ashland Transportation Plans and Programs with emphasis on long-range and regional
plans. He also explained that in terms of membership, there are 13 ex officio members and that staff had
removed the City Attorney and the Municipal Judge. The reason for removal of the Judge as a member was
that it would place the Judge in a position of recommending legislature where the judge would have to then
enforce and would create a conflict.
Mr. Appicello explained that he had sent these changes out to the council by email earlier that day. He
clarified that there was no reference to long-term planning in the proposed ordinance language and charged the
Traffic Hearing sub-committee to make recommendations to the full Transportation Commission on long-range
transportation plans.
It was questioned why the sub-committee would be called the Traffic Hearing sub-committee rather than
Transportation Planning sub-committee and concern was raised about the Planning aspect. Mr. Appicello
explained that one of the charges of the sub-committee would be to consider recommendations on safety issues.
Mr. Olson explained that the goal was to eliminate some of the extra excess hours of time that the Commission
spends on minor issues. Mr. Appicello explained that the full Commission would still have planning duty and
responsibility but what was removed was the pre-application process.
Council agreed that there was a need for further discussion and staff was directed to schedule a Study Session.
ORDINANCES, RESOLUTIONS AND CONTRACTS (continued)
5. Should the City Council conduct and approve First Reading ofan Ordinance titled, "An Ordinance
relating to delegation of duties to the City Administrator for acceptance of interest in real property
and the renewal of intergovernmental agreements and amending AMC Chapter 2.28" and move to
Second Reading on June 17, 2008?
City Attorney Richard Appicello read the title in full. Interest was noted on having periodic lists provided to
the council on what has been approved. Staff suggested that language be added to include a review every two
years.
CITY COUNCIL MEETING
JUNE 3, 2008
Page J J of J J
Councilor Jackson/Hartzell m/s to approve first reading of ordinance with amen dent to include review
every two years and move to second reading of ordinance. DISCUSSION: Councilor Navickas voiced his
relunctance to approve and that it was important that the council retain this type of authority of review.
Roll Call Vote: Silbiger, Hartzell, Hardesty, Chapman and Jackson, YES; Navickas, NO. Motion passed
5-1.
4. Should the City Council conduct and approve Second Reading of an Ordinance and approve
adoption ofthe Ordinance titled, "An Ordinance amending the Ashland Municipal Code, Land Use
Ordinance concerning special [arterial] setbacks and associated street standards adopted in
Ordinance 2836"?
Councilor Hardesty noted the handout she had provided to council and staff and asked that these issues be
addressed prior to any further discussion.
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
Councilor Jackson stated that she would like work to begin on the Transportation Commission. City
Administrator Martha Bennett suggested inviting the Bike & Pedestrian, Traffic Safety and Planning
Commission members to the Council Study Session for their input. Ms. Bennett stated that any input that can
be provided to the staff prior to this meeting would be helpful. Councilor Navickas commented that he was not
sure on his support of combining these two Commissions and likes the idea of a Bike & Pedestrian
Commission that works specifically on bike and pedestrian issues.
ADJOURNMENT
Meeting was adjourned at 10:30 p.m.
Barbara Christensen, City Recorder
John W. Morrison, Mayor
CITY OF
ASHLAND
ASHLAND HISTORIC COMMISSION
Meeting Minutes
April 2, 2008
Community Development/Engineering Services Building - 51 Winburn Way - Siskiyou Room
Historic Commissioners Present: Dale Shostrom, Terry Skibby, Henry Baker, James Watkins, Allison
Renwick, Keith Swink, Alex Krach, Sam Whitford, Tom Giordano (left meeting at 6:35pm)
Absent Commission Members: None
Council Liaison: Eric Navickas
HiQh School Liaison: None Appointed
SOU Liaison: None Appointed
Staff Present: Planner: Angela Barry; Clerk: Billie Boswell
SPECIAL MEETING MINUTES
CALL TO ORDER - SPECIAL MEETING
At 5:30 pm, Chairman Dale Shostrom called the Historic Commission special meeting to order. Discussion of
the nominees for the Historic Preservation awards resulted in the following selections.
Historic Preservation Award Winners:
1. Historically Compatible New Commercial - 150 Lithia Street
2. Historically Compatible Commercial Restoration - 264 Fourth Street
3. Historically Compatible Civic - 175 North Main Street
4. Historically Compatible New Residential - 155 Susan Lane
5. Historically Compatible New Accessory Structure - 253 Almond Street
6. Historically Compatible Residential Addition - 762 B Street
7. Individual- George Kramer
REGULAR MEETING MINUTES
CALL TO ORDER - REGULAR MEETING
At 7: 1 0 pm, Chairman Dale Shostrom called the regular Historic Commission meeting to order.
APPROVAL OF MINUTES
Mr. Watkins moved to approve the minutes of the March 5, 2008 meeting. Mr. Baker seconded the motion and
they were approved unanimously. Mr. Whitford abstained because he was absent from the meeting.
PUBLIC FORUM: Huels, Wellspring Resort, Hwy 99, spoke concerning the colored concrete being used in the
historic districts. He felt it should be grey rather than the earthtone he has seen. Chairman Shostrom and Mr.
Skibby explained that they had requested a toned down, more historic looking color rather than the white-grey
color being used. The Public Works department chose the buff (tan) color. They also pointed out that the strong
color fades very quickly to more readily match the older sidewalks.
Ashland Historic Commission Minutes
6/3/2008
CITY OF
ASHLAND
PUBLIC HEARING:
A. Planning Action #: 2008-00338
Subject Property: 600 Siskiyou Blvd.
Owner/Applicant: Laura Bixby Fox
Description: Request for a Modification of an existing Conditional Use Permit and Site Review forthe
establishment of an office use for the property located at 600 Siskiyou. No physical alterations to the
site are proposed.
Chairman Shostrom read the description and verified there were no conflicts of interest or ex parte contacts.
Ms. Barry explained that the original Conditional Use permit required a CUP if the tenants changed. She said
staff supports eliminating this condition and allowing a tenant change if the new use is applicable to the R-2
zone's regular or conditional uses. There were no exterior changes to the building being proposed.
There being no one in the audience wishing to speak, Chairman Shostrom closed the public hearing.
Mr. Whitford moved to recommend approval and it was seconded by Mr. Skibby. The motion passed
unanimously.
B. Planning Action #: 2008-00355
Subject Property: 140 Central Ave
Owner/Applicant: Lois Van Aken
Description: Request for a Conditional Use Permit and Site Review approval for a two-unit Travelers
Accommodation for the property located at 140 Central Avenue. The application also includes a
Variance request to not pave the existing driveway off of Central Avenue due to the proximity of the
driveway improvements to a large Cedar tree.
Chairman Shostrom read the description and asked if there were conflicts of interest or ex parte contacts. Mr.
Swink said he knows the owner but felt he could be impartial. Ms. Barry explained the second unit was legal
non-conforming and the owner would live in it. The two-unit Traveler's Accommodations would be in the main
house in front. A variance was requested to not pave the driveway in order to preserve the tree.
There being no one in the audience wishing to speak, Chairman Shostrom closed the public hearing.
Mr. Krach felt that the residential nature of the neighborhood was being diluted more and more by transient
housing and recommended it be denied. Mr. Skibby said he was OK with it because the historic natures of the
structures were usually better preserved than as rentals. Ms. Renwick and Mr. Swink both felt some concern
but commented that it's hard to tell owners what they can or can't do with their properties. Mr. Krach said he
felt it also affected the livability of the neighborhood.
Mr. Baker moved to approve the project as submitted. Mr. Swink seconded the motion. Mr. Watkins pointed
out that B & B's tend to revert back to single family homes after a few years. Mr. Krach still felt strongly that it
would negatively impact the neighborhood. By consensus the Commissioners felt the policy issue of transient
housing within the historic neighborhoods should be handled as a separate issue. The original motion was
approved by majority vote, 5 for and 3 against.
Mr. Krach then made a motion stating the Historic Commission, as a body, wanted to articulate to the Planning
Commission and the City Council that the policy allowing transient housing in the historic district's residential
neighborhoods had a deleterious effect, contributed to a shortage of rental housing, diminished the sense of
place and created a more commercial presence. Mr. Whitford seconded the motion. The motion was
approved by majority vote, 5 for and 3 against.
Ashland Historic Commission Minutes
6/3/2008
2
CITY OF
ASHLAND
OLD BUSINESS
A. Building Permit #2007 -01764
Subject Property: 160 Helman
Owner: James Batzer
Ms. Barry explained that the building plans submitted for approval contained some significant design changes
from what was approved by the Historic Commission and the Planning Commission on the planning action. Staff
was recommending they apply for a modification, but suggested the applicants first get feedback from the Historic
Commission on the proposed changes. Some of the changes included:
. Windows - different sizes and numbers of
. Material types are different
. 3rd story step-back eliminated
. Roof - pitch is steeper
. Balcony changed to interior floor space
. Door sizes changed
James Batzer, owner and Mark McKechnie, architect, were surprised at staff concerns because they felt they had
"substantial compliance" with the approved planning action. They detailed why some of the changes were made.
Chairman Shostrom said he had spent several hours reviewing and comparing the two sets of plans and found
significant differences. Besides the obvious changes in details and materials, the entire bulk and ssale had
increased. He also requested the plans be at least 1/4 inch equals one foot scale and that the Commission
needed details showing wall sections, windows and trim, exterior relief, roof overhangs, eaves, and parapets.
There was consensus among the Commissioners that the redesigned building plans were not acceptable.
B. Review Board Schedule
c. Proiect Assiqnments For Planninq Actions - No assignments were made because the two new actions
reviewed did not include any exterior changes.
.. -.-.---------- 1-234 Vista St (Sic!& Kar
P A #2004-138
-
PL#2005-01226 820 "c" Street (Randy
i PL#2005-01674 11 FirstSt (Ron Yamaok
PL#2005-02105 145 EMain/150 Lithia W
PL#2005-01307 125 Sherman Street (R
P A#2006-00453 175 North Main (First M
P A#2006-00612 160 Helman {Batzer-Co
P A#2006-0 1999 25 N Main Street (Sand
P A#2007 -00398 237 Almond Street (Do
P A#2007 -00798 80 Wimer Street (Thom
, -
en DeBoer)jJpQerPoolhouse (Permit Expired)-=ISwmk-~---
& HeL~ Ellison) (Temp C of 0 issued) __ rShostrom
a) (unEfJcr::9nstruction)} ___ I Skibby
y (Urban D~\/_~_Elrv/_~ERA Arch) {No Struc final} _~ Giordano/Baker -i
uss Dale) {Under constrl!.cJjon} ShostrQ!!l________
ethodist Ch':Jrc.hBemodel) (Complete) Swink
mm Bldgs) {N~~ f}!Q9.._App recd-in review} Sho~trom/GiQrct9Qo
ler - Masonic 3ra Sty Addn) {No Bldg Permit} 'Krach_~_
n ?ever::-::_ARU) {Under Construction} Whitford
as Petersen - Kitchen Addition) {Complete} Watkins
LPAtL2007 00579 i 485 A St (f::I~xrTleler -Mixed Use) (No struc~u~C1/1inal) -~~--- __L Baker-- ,
Ashland Historic Commission Minutes
6/3/2008
3
CITY OF
ASHLAND
[}>A#2007-01400 I 542 A St{Gremmels/Delgado - Rebuild~ed_{Permit i!IJ~evii:;;L
I Skibby -
--..--.-
D. Historic Preservation Week "This Place Matters - Mr. Watkins and Ms. Renwick requested a sample of
last year's winners' information be sent out. Mr. Swink said he would also do a Railroad District walking
tour immediately following the Award Ceremony. Ms. Boswell said the deadline for the winner's "blurbs" is
Monday, April 21st.
E. Parks Archive Proiect - Mr. Swink said he would contact the Parks Department and set up the tour.
F. Lithia Sprinqs National Reqister Nomination - Commissioners reviewed the draft gun club lease. There
were concerns about the hazardous materials section. They believe clean up dollars should be collected
prior to 2019. Mr. Baker said he feels the gun club is no longer an appropriate use for the property. The
Commissioners agreed the property should be registered as a historic site.
G. Sinqle Familv Residential Desiqn Standards - No report
H. Co-Sponsorship with Conservation Commission for Fall Workshop - No report
DISCUSSION ITEMS - Ms. Barry reviewed the Arterial Setback Ordinance with the Commissioners. There was
consensus for support of the changes.
ANNOUNCEMENTS
The next Historic Commission meeting will be on May 7,2008 at 7:00 pm in the Siskiyou Room.
ADJOURNMENT
It was the unanimous decision of the Commission to adjourn the meeting at 10:00 p.rn.
Ashland Historic Commission Minutes
6/3/2008
4
CITY OF
ASHLAND
ASHLAND TREE COMMISSION
MINUTES
March 6, 2008
CALL TO ORDER -Chair Laurie Sager called the Ashland Tree Commission meeting to order at 7:00 p.m. on March 6, 2008 in
the Siskiyou Room in the Community Development and Engineering Services Building located at 51 Winburn Way, Ashland,
OR.
Commissioners Present Council Liaison
Laurie Sager Russ Silbiger, Absent
Kelly Cruser
John Rinaldi Jr. Staff Present
Zane Jones Amy Anderson, Assistant Planner
Anne Rich, Parks Department
APPROVAL OF MINUTES
November 8, 2007 Tree Commission Minutes - Rinaldi/Jones m/s to approve the minutes of November 8, 2007. Voice vote:
all A YES, Motion passed. The minutes of November 8, 2007 were approved as presented.
PUBLIC FORUM
None present
PUBLIC HEARINGS
PLANNING ACTION: 2008-00035
SUBJECT PROPERTY: 938 Oak St.
APPLICANT: Cleo Smith
DESCRIPTION: Request for a Minor Land Partition to create two lots for a property located at 938 Oak Street..
Exception to Street Standards to match new sidewalk to existing sidewalk. COMPREHENSIVE PLAN
DESIGNATION: Single-Family Residential; ZONING: R-I-5-; ASSESSOR'S MAP #: 391E04BD; TAX LOT:
1000
Recommendations:
1) That the revised landscaping, tree protection plan and arborist report for the health of the Walnut tree shall be submitted
for the re-review of the tree commission prior to the submission of the final survey plat.
PLANNING ACTION: 2008-00182
SUBJECT PROPERTY: 500 Strawberry Lane
APPLICANT: McLellan, Robert & Laura
DESCRIPTION: Request for Outline Plan Approval to allow a six-lot, five-unit subdivision under the Performance Standards
Options Chapter for the property located at 500 Strawberry Lane. The application also requests a Physical & Environmental
Constraints Review Permit for Development of Hillside Lands, a Tree Removal Permit to remove 13 trees six-inches in
diameter at breast height (d.b.h.) or larger, and an Exception to Street Standards to allow the applicants to end street
improvements at the driveway of Lot 5 rather than extending them to the southern boundary of the project.
COMPREHENSIVE PLAN DESIGNATION: Rural Residential; ZONING: RR-.5-P; ASSESSOR'S MAP #: 39 IE 08
AC; TAX LOT: 201
Recommendations:
1) That at the time of building permit application for the individual lots, if a tree that has been previously approved for
removal due to its location within an approved building envelope, said tree(s) shall be mitigated for on the subject lot prior
to the issuance of a certificate of occupancy for the new residence.
2) That the applicant shall address the mistletoe in the Oak trees on the property and the project Arborist shall recommend
process and amount of future mistletoe removal on the subject property.
Current Balance - $303.24
ADJOURNMENT - Commissioner Sager adjourned the meeting at 8:50 p.m.
Respectfully submitted by Amy Anderson, Assistant Planner
CITY OF
ASHLAND
ASHLAND TREE COMMISSION
MINUTES
May 8, 2008
CALL TO ORDER -Chair Laurie Sager called the Ashland Tree Commission meeting to order at 6:00 p.rn. on May 8, 2008 in
the Siskiyou Room in the Community Development and Engineering Services Building located at 51 Winburn Way, Ashland,
OR.
Commissioners Present Council Liaison
Laurie Sager Russ Silbiger, Absent
Kelly Cruser
John Rinaldi Jr. Staff Present
Zane Jones Amy Anderson, Assistant Planner
Anne Rich, Parks Department
APPROVAL OF MINUTES
November 8, 2007 Tree Commission Minutes - Rinaldi/Jones m/s to approve the minutes of November 8, 2007. Voice vote:
all AYES, Motion passed. The minutes of November 8, 2007 were approved as presented.
PUBLIC FORUM
None present
TYPE I REVIEW
PLANNING ACTION: 2008-00597
SUBJECT PROPERTY: 1338 Seena Lane
APPLICANT: Melanie Mindlin
DESCRIPTION: Request for a Lot Line Adjustment and a Conditional Use Permit to allow the structural alteration and
intensification of use of an existing non-conforming structure for the properties located at 13 38 Seena Lane. An existing shed
is located approximately three feet from the east property line of Tax Lot 400. With the proposed Lot Line Adjustment, the
shed and an attached studio are to be converted to the primary residence on Tax Lot 408, and as part of a primary residence the
shed's existing three-foot setback becomes non-conforming. The required side yard setback for a primary residence is six feet.
The shed portion of the building is to remain as unheated space, and is not proposed to be remodeled. An 80-square foot
bathroom and kitchen addition will be made to the existing 528-square foot studio; the existing studio and the proposed
addition comply with required setbacks.
COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-I-5-P; ASSESSOR'S MAP #: 39
IE 10 BB: TAX LOTS: 400 and 408
Recommendations:
1 ) Avoid driplines of all trees along East property line. If areas within the drip lines of the trees will be impacted, all
recommendations of the project Arborist shall be implemented.
2) That the electric and phone lines shall be routed to avoid any of the existing trees.
3) That tree protection plans in accordance with 18.61.200 shall be submitted with the building permit submittals for new
single-family residence construction. The tree protection plans shall be installed and inspected prior to site disturbance.
PUBLIC HEARINGS:
PLANNING ACTION: 2008-00598
SUBJECT PROPERTY: 489 Russell Street
OWNER/APPLICANT: Donna L. Andrews
DESCRIPTION: Request for Site Review approval for a two-story, mixed use building located at 489 Russell St., comprised
of office space on the ground floor and two residential units on the second floor. The proposed building is approximately
5,579 square feet in size. The property is located in the Detail Site Review Zone. COMPREHENSIVE PLAN
DESIGNATION: Employment; ZONING: E-l; ASSESSOR'S MAP #: 39 IE 09 AA; TAX LOT: 2804
Recommendations:
1) Where possible consider a larger stature street tree more suited for the urban environment.
2) That a hardy tree species, which can withstand the trash/recycle, fire hydrant cabinets, etc. shall be planted in the parking
lot island.
DISCUSSION ITEMS
Arterial Setback Ordinance modifications: Tree Commission memo to Planning Manager, Maria Harris re, concerns about
adopting specific language requiring Structural Soil as part of the street standards for public sidewalk installation in
commercial zones.
Hersey Street trees: Commission would like to be included in discussions about proposed removals, and re-install choices.
Maintain as many healthy trees as possible.
Backpage Articles: Rinaldi writing article about Bird of Paradise tree at Railroad Park on A Street.
Tree Walks: Anne Rich planning a Tree Walk for June date TBD
Budget: Purchase canopy tent preferably with sides to protect from weather & ISA Handouts
Current Balance - $303.24
ADJOURNMENT - Commissioner Sager adjourned the meeting at 7:50 p.rn.
Respectfully submitted by Amy Anderson, Assistant Planner
2
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Intergovernmental Agreement/Sobering Unit
June 17,2008 Primary Staff Contact: Terry Holderness
Police E-Mail: Holdernet@ashland.or.us
Finance Secondary Contact: Tuneberl@ashland.or.us
Martha Be Estimated Time: consent
Question:
Should the Council approve the Intergovernmental agreement with Jackson County to pay $5300.00 to
use the county sobering unit?
Staff Recommendation:
Staff recommends that Council vote to approve the intergovernmental agreement with Jackson County
as proposed.
Background:
Jackson County operates a sobering unit for intoxicated persons in the City of Medford. The police
department presently contracts with Jackson County to use the sobering unit to lodge intoxicated
persons. During the first eleven months of this budget year the Ashland Police Department transported
113 intoxicated persons to the sobering unit. The cost of this agreement was included in the police
departments' budget.
Related City Policies:
None
Council Options:
The Council my either approve the intergovernmental agreement with Jackson County or direct the
police department to discontinue use of the sobering unit.
Potential Motions:
I make a motion to approve the proposed intergovernmental agreement with Jackson County for use of
the county sobering unit by the Ashland Police Department.
Attachments:
Copy of the intergovernmental agreement for use of the Jackson County sobering unit.
Page I of 1
CC-IGA sobering unit
r~'
INTERGOVERNMENTAL AGREEMENT BETWEEN
JACKSON COUNTY AND THE CITY OF ASHLAND
THIS IS AN AGREEMENT entered into this first day of July 2008, by Jackson County
(County) and the City of Ashland (Ashland).
A. STATUTORY AUTHORITY
1. In accordance with and pursuant to the provisions of ORS Chapter 190, entitled
INTERGOVERNMENT AL COOPERATION, the County is authorized to enter into a written
agreement with any other unit oflocal government for the performance of any or all functions
or activities that a party to the agreement has authority to perform. By acceptance of this
agreement Ashland certifies that it meets the above criteria for eligibility for such cooperation
,'.lith the County.
2. As a result of this Agreement and pursuant to ORS 190.030, any unit of local government,
consolidated department, intergovernmental entity or administrative officers designated herein
to perform specified functions or activities is vested with all powers, rights and duties relating
to those functions and activities that are vested by law in each separate party to the
Agreement, its officers and agencies.
B. BACKGROUND
County funds a sobering unit at 338 N Front Street, Medford, Oregon. Ashland has requested to use
said sobering unit services. County is willing to offer use ofthe services on the terms set forth herein.
COOPERATION AND SERVICES TO BE PERFORMED
1. County will continue to either operate or subcontract for the operation of the sobering unit at
the site indicated twenty four hours a day, seven days a week for the period July 1, 2008
through June 30, 2009.
2. Ashland shall pay County $5,300 total for the period July 1, 2008 - June 30, 2009 to
use County's sobering unit services. Payment is a lump sum amount; it is not a per capita
rate.
Payment in full shall be due no later than September 30, 2008. Upon Ashland's request,
County shall submit an invoice to Ashland reflecting the amount due. Ashland shall have 30
days from the date of the invoice to tender payment in the amount requested.
3. Ashland, through it police department, shall transport individuals in its custody to the
sobering unit site. County will hold such individuals and release them according to standard
protocol.
INTERGOVERNMENTAL AGREEMENT BETWEEN JACKSON COUNTY AND THE CITY OF ASHLAND
Page I of 3
4. Ashland shall comply with all applicable confidentiality laws, including but not limited to
ORS 179.505, Health Insurance Portability and Accounting Act and 42 USC 290dd-2.
5. INDEMNIFICATION
Ashland shall indemnify, hold harmless and defend County, and pay for, any claims relating
to the negligent acts or omissions of its employees, agents, or officers related to taking into
custody and transporting individuals to the County sobering unit.
6. APPROPRIATION FOR FUNDING
Notwithstanding any other provision of the Agreement to the contrary, in the event
insufficient funds are appropriated for performing this Agreement, and the County has no
other lawfully available funds, County may tenninate this Agreement at the end of its current
fiscal year, with no further liability or penalty to Ashland. County shall deliver written notice
to Ashland of such termination pursuant to the terms set forth in section 7.
7. TERMINATION
7.1. Mutual Consent. This Agreement may be terminated at any time by mutual consent of
both parties.
7.2. For Cause. County may terminate or modify this Agreement in whole or in part, effective
upon delivery of written notice to Ashland or at such later date as may be established by
County if County funding from federal, state, or other sources is not obtained or continued at
current levels of services.
7.3. For Default or Breach. Either County or Ashland may terminate this contract in the
event of a breach ofthe Agreement by the other. Prior to such termination the party seeking
termination shall give to the other party written notice of the breach and intent to terminate.
Ifthe party committing the breach has not entirely cured the breach within 15 days ofthe date
of the notice, or within such other period as the party giving the notice may authorize or
require, then the contract may be terminated at any time thereafter by a written notice of
termination by the party giving notice.
8. CONSTRUCTION/MODIFICATION
This Agreement may not be amended, changed or modified in any way, except by written
agreement signed by all parties. This Agreement constitutes the entire agreement between the
parties and supersedes any and all prior oral or written express and/or implied statements,
negotiations or agreements between parties, except as otherwise noted herein. This
Agreement shall become effective only upon the signature of all parties.
Each party, by signature below of it authorized representative, hereby acknowledges that it
INTERGOVERNMENTAL AGREEMENT BETWEEN JACKSON COUNTY AND THE CITY OF ASHLAND
Page 2 of 3
has read this agreement, understand it and agrees to be bound by it. Each person signing this
agreement represents and warrants she or he has the authority to execute it.
CITY OF ASHLAND
JACKSON COUNTY
BY:
BY:
Title:
Title:
Date:
Date:
INTERGOVERNMENTAL AGREEMENT BETWEEN JACKSON COUNTY AND THE CITY OF ASHLAND
Page 3 of 3
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Appointment to Airport Commission
June 17,2008 Primary Staff Contact:
Recorder E-Mail:
None Secondary Contact:
Martha Benne Estimated Time:
Barbara Christensen
christeb@ashland.or.us
None
Consent
Question:
Does the Council wish to confirm the Mayor's appointment of Treg Scott for a term to expire April 30,
2011 to the Airport Commission?
Staff Recommendation:
None
Background:
This is a confirmation by the City Council on the Mayor's appointment for the Airport Commission on
application received. This is a vacancy that was not filled during the annual appointment process.
Related City Policies:
Resolution 1995-95 states "The voting members of the commission shall be appointed by the Mayor
with confirmation by the City Council."
Council Options:
Approve or disapprove Mayor's appointments.
Potential Motions:
Motion to approve appointment of Treg Scott for a term to expire April 30, 2011 to the Airport
Commission.
Attachments:
Application received
Page I of I
061708 Appointment to Airport.CC.doc
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CITY OF
@~1tW~\\\\ ASHLAND
i ~ ~PLICATION FOR APPOINTMENT TO
I Mf\'{ 0 2. 1008 CITY COMMISSION/COMMITTEE
B '(Pierore1Ype-~.p~~ answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeb@ashland.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Requesting to serve on:
Address 1 0-
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(~~ommittee)
Name 7;;:;-cs-c)
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1. Education Bacbround
What schools have you attended?
Phone: Home
Work $/BrJ -8rs 9 I
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What degrees do you hold?
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What additional training or education have you had that would apply to this position?
.A. I~ /L<s-"
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
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Do you feel it would be advantageous for you to have further training in this fiSsi, such
as attending conferences or seminars? Why? (/ A/:~ (/ /ZE U /.u7/ / L. A7'--f
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3. Interests
Why are you applying for this position?
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4. Availabilitv
Are you available to attend special meetings, in additi~ the regularly scheduled
meetings? Do you prefer day or evening meetings? A-7<---r A:-r./4-7' ,-A-iBlE
U Os --r 7) l"'t ~ LU//J.f A-z\ V A-ruc.!S A.fb77c~.
5. Additional Information
How long have you lived in this community?
/2-' ~)-
Please use the space below to summarize any additional qualifications you have for this
position
~!z- JOB
Date .
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,.,
CITY OF
ASHLAND
Council Communication
Designation of City Administrator as Primary Contact for Annual Audit
Meeting Date: June 17,2008 Primary Staff Contact: Lee Tuneberg
Department: Administrative Services E-Mail: tuneber1@ashland.or.us
Secondary Dept.: None Secondary Contact: None
Approval: Martha Benn Estimated Time: Consent
Question:
Shall the city administrator be design ted as the primary person responsible to insure an annual audit is
performed per ORS 2917
Staff Recommendation:
Authorize City Administrator Martha Bennett to sign documents required by the audit firm in regards
to the scope and representation of the city audit.
Background:
Auditor comments from the prior year's audit identified that the City does not have any documentation
identifying the staff member charged with ensuring an annual audit is performed per Oregon Statutes.
This information was presented to Council in a Study Session on May 19, 2008, and this designation is
in keeping with that discussion.
Related City Policies:
None
Council Options:
Council can authorize the city administrator to sign documents regarding the city audit on behalf of the
city or designate someone else to perform this function.
Potential Motions:
I make a motion that the City Council authorize the City Administrator to sign documents required by
the audit firm in regards to the scope and representation of the city audit.
Attachments:
None
Page I of I
061708 Contact for Annual Audit.CC.doc
r4.'
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
A Resolution Adopting a Supplemental Budget Establishing Appropriations
Within the 2007-2008 Budget
June 17,2008 Primary Staff Contact: Lee Tuneberg
Administrative Services E-Mail: tuneberl@ashland.or.us
Secondary Contact:
Estimated Time:
Martha Bennett
Consent
Question:
Should Council approve a resolution adopting a supplemental budget for FY 2007-2008 Budget a
third time to create appropriations and authorize expenditure of grants received to purchase firefighter
protective clothing and help pay for annual health insurance renewal?
Staff Recommendation:
Staff recommends approval of the attached resolution.
Background:
There are three ways in which to change appropriations after the Budget is adopted.
1. A transfer of appropriations decreases an appropriation and increases another. This is the
simplest budget change allowed under Oregon Budget law. This does not increase the overall
budget. This is approved by a City Council resolution.
2. A supplemental budget of less than 10 percent of total appropriations within an individual fund
follows a process similar to the transfer of appropriations.
3. A supplemental budget in excess of 10 percent of total appropriations requires a longer process.
This process includes a notice in the paper and a public hearing.
A supplemental budget (Item #2 above) is needed to adjust the FY 2007-2008 budget.
Only two adjustments are proposed in this resolution. A transfer of interest earnings from the
Cemetery Fund to the General Fund has been delayed to June 30 since that change was greater than
10% of the fund and would require a different notice as identified in step #3 above.
This supplemental budget is for the items on the attached resolution, described as follows:
A. To recognize a FEMA Homeland Security grant of $33,350 to purchase fire fighter protective
clothing. The City will receive $30,315 and a corresponding transfer of appropriations will
provide the 10% match of$3,335.
B. To recognize a worksite wellness grant of$2,835 form the City's health care provider for
support of open enrollment.
This is the third supplemental budget request for FY 2007-08. Both prior requests related to the use of
forfeiture funds by the Police Department.
06 I 708 Supplemental Budget FY08.CC revised
rA'
CITY OF
ASHLAND
Attached is a resolution for your approval. The recommended changes in the budget are explained after
each request.
Related City Policies:
Compliance with Oregon Budget Law
Council Options:
Council may accept this supplemental budget request as presented, recommend modifications as
discussed or defer acceptance (takes no action) awaiting further information or clarification.
Potential Motions:
I make a motion to approve the attached resolution adopting a supplemental budget for FY 2007-2008
for the purposes specified.
Attachments:
Resolution adopting a supplemental budget establishing appropriations within the 2007-2008 budget
2
061708 Supplemental Budget FY08.CC revised
r~'
RESOLUTION NO. 2008-
A RESOLUTION ADOPTING A SUPPLEMENTAL BUDGET ESTABLISHING
APPROPRIATIONS WITHIN THE 2007-2008 BUDGET
Recitals:
ORS 294.480 permits the governing body of a municipal corporation to make a
supplemental budget for the fiscal year for which the regular budget has been prepared under one
or more of the following reasons:
a. An occurrence or condition which had not been ascertained at the time of the
preparation of a budget for the current year which requires a change in financial
planning.
b. A pressing necessity which was not foreseen at the time of the preparation of the
budget for the current year which requires prompt action.
c. Funds were made available by another unit of federal, state or local government and
the availability of such funds could not have been ascertained at the time of the
preparation of the budget for the current year.
d. Other reasons identified per the statutes.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1.
Because of the circumstances stated below, the Mayor and City Council
of the City of Ashland determine that it is necessary to adopt a
supplemental budget, establishing the following additional
appropriations:
General Fund
Appropriation: Fire Department- Material and Services
Resource: Intergovernmental Revenues
$30,015
$30,015
To recognize a FEMA Homeland Security grant received for Fire Department to purchase protective
clothing for the Firefighters. The required 10% contribution as match will be requested via a transfer of
appropriations.
Central Service Fund
Appropriations: Administration - Human Resource
Resource: Intergovernmental Revenues
$2,835
$2,835
To recognize a worksite wellness grant received from the City health care provider to use for
annual open enrollment purposes.
Total: Resources
$32.850
$32.850
Total: Appropriations
SECTION 2. All other provisions of the adopted 2007-2008 BUDGET not specifically
amended or revised in this Supplemental Budget remain in full force and effect as stated therein.
SECTION 3. This resolution was duly PASSED and ADOPTED this _ day of June, 2008:
and takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of June, 2008:
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
CITY OF
ASHLAND
Council Communication
A Resolution Transferring Appropriations Within the FY 2007-2008 Budget
Meeting Date: June 17,2008 Primary Staff Contact: Lee Tuneberg
Department: Finance E-Mail: tuneberl@ashland.or.us
Secondary Dept.: None Secondary Contact: None
Approval: Martha Benn Estimated Time: Consent
Question:
Should Council approve a resolution to adjust budget appropriations for changes in operational
expenses to remain in compliance with Oregon Budget Law?
Staff Recommendation:
Staff recommends approval of the attached resolution to transfer appropriations within specified funds
for stated reasons.
Background:
There are three ways in which to change appropriations after the Budget is adopted.
1. A transfer of appropriations decreases an appropriation and increases another. This is the
simplest budget change allowed under Oregon Budget law. This does not increase the overall
budget. This is approved by a City Council resolution.
2. A supplemental budget of less than 10 percent of total appropriations within an individual fund
follows a process similar to the transfer of appropriations. This process includes a notice in the
paper prior to Council taking action.
3. A supplemental budget in excess of 10 percent of total appropriations requires a longer process.
This process includes a notice in the paper and a public hearing prior to the council taking
action.
A transfer of appropriations (Item #1 above) is needed to adjust the FY 2007-2008 budget for the
following reasons:
. A Transfer of$3,335 will be needed from General Fund Contingency to the Fire Department,
Materials & Services, to provide appropriations to meet the 10% match required from a FEMA
Homeland Security grant to purchase protective clothing. The remaining amount of the grant is
addressed in a supplemental budget
. A Transfer of $40,800 will be needed from Central Service Fund Contingency to the
Information Technology Department, Materials & Services, to fund the installation of an air
conditioning unit in remodeled work space at 90 North Mountain and software licensing costs.
The department's expenditures for these items may still be within the adopted budget but total
expenditures are too close for comfort, thus the recommended transfer to reduce the potential
for a budget law violation.
Page I of2
061708 Transfer of Appropriations FY08.CC.doc
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CITY OF
ASHLAND
This is the second transfer of appropriations request for FY 2007 -2008. Two supplemental budgets
relating to the use of forfeiture monies by the Police Department were approved earlier in the year and
the need for another one by June30 is expected.
Attached is a resolution for your approval. The recommended changes in the budget are explained after
each request.
Related City Policies:
None
Council Options:
Council may accept this transfer of appropriations as presented, recommend modifications as discussed
or defer acceptance (takes no action) awaiting further information or clarification.
Potential Motions:
Council moves to adopt the transfer of appropriations resolution, amending the FY 2007-2008 budget.
Attachments:
Resolution transferring appropriations within the 2007-2008 Budget
Page 2 of2
061708 Transfer of Appropriations FY08.CC.doc
rA1
RESOLUTION NO. 2008-
A RESOLUTION TRANSFERRING APPROPRIATIONS
WITHIN THE 2007-2008 BUDGET
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1.
Because of the circumstances stated below, the Mayor and City Council
of the City of Ashland determine that it is necessary to transfer
appropriations as follows:
General Fund
To: Fire Department
From: General Fund - Contingency
$3,335
$3,335
To Transfer appropriations from Contingency to Fire and Rescue Material and Services
to meet the requirement of a FEMA grant for purchasing protective clothing for the
firefighters, the City of Ashland must contribute 10% of the costs.
Central Service Fund
To: IT - Computer Services
From: Central Service Fund - Contingency
$40,800
$40,800
To Transfer appropriations from Central Service Fund - Contingency to IT Computers
Services Division to cover a new air conditioner unit and licensing costs.
Total To:
Department Appropriations
$44.135
Total From: Contingency
$44.135
SECTION 2. This resolution was duly PASSED and ADOPTED this _ day of June, 2008:
and takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of June, 2008:
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
CITY OF
ASHLAND
Council Communication
Council Appeal P A2008-00182, 500 Strawberry Ln. Outline Plan
Meeting Date: June 17,2008 Primary Staff Contact: Derek Severson
Department: Planning 9 E-Mail: seversod@ashland.oLus
Secondary Dept.: N/A Secondary Contact: Bill Molnar
Approval: Martha Benn Estimated Time: 60 minutes
Question:
Should the City Council grant a request for Outline Plan approval of a six-lot, five unit Performance
Standards subdivision which includes a Physical & Environmental Constraints Review Permit for
Development of Hillside Lands, a Tree Removal Permit to remove 13 trees six-inches in diameter at
breast height (d.b.h.) or larger, and an Exception to Street Standards to allow the applicants to end
street improvements at the driveway of Lot 5 rather than extending them to the southern boundary of
the project?
Staff Recommendation:
The Planning Commission approved the request for Outline Plan approval under the Performance
Standards Options Chapter 18.88 for a six-lot, five-unit residential subdivision. Staff supports the
decision of the Planning Commission, including the nine attached conditions, as stated in the findings.
Background:
On February 8, 2008, Robert and Laura McLellan filed the application for Outline Plan approval for a
six-lot, five-unit residential subdivision at 500 Strawberry Ln. A public hearing to consider the
Outline Plan application was conducted before the Planning Commission on March 11, 2008. At the
conclusion of the hearing, one of the parties, neighbor Catherine Dimino, requested that the record be
held open for seven days. The applicants requested an additional seven days to respond to additional
written arguments, and the Planning Commission to hold the record open as requested and continued
their deliberations to the April 8, 2008 meeting. At the April 8, 2008 meeting, the Commission
deliberated and approved the application with nine conditions. The findings were reviewed and
approved by the Commission at the April 8, 2008 meeting and signed by the Commission Chair on
April 9, 2008.
A timely appeal was filed by Catherine Dimino on April 28, 2008. The appeal request states that the
three grounds for the appeal are:
First, the application does not meet lot coverage requirements as specified in 18.16.040, and
that the Performance Standards Options Chapter 18.88 does not grant or provide for
exceptions.
The application proposes to look at lot coverage in terms of the overall coverage proposed for
the parent parcel as a whole, rather than for each individual lot. This allows the applicants to
cover slightly more than 20 percent on some lots by distributing coverage from the proposed
open space lot, which will not be developed in order to protect the more steeply-sloped,
Page I of 4
061708 Strawberry Lane Appeal.CC.doc
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CITY OF
ASHLAND
heavily-wooded area of the site. This issue was addressed on page 4 of the Staff Report
addendum for the April 8, 2008 Planning Commission meeting, discussed by the Commission,
and a finding made that the Performance Standards Options Chapter provides for more
flexibility than is permissible under conventional zoning codes in order to reduce the impacts
of development on the natural environment, and that this flexibility can be applied to look at lot
coverage in terms of the subdivision site as a whole in order to protect natural features of the
site while providing for the architectural creativity and innovation that the chapter seeks to
encourage. The Planning Commission's approval of the application included the following lot
coverage allowance for each of the six lots:
Lot #1 - 26 percent
Lot #2 - 26 percent
Lot #3 - 28 percent
Lot #4 - 20 percent
Lot #5 - 20 percent
Lot #6 - 0 percent (common open space)
Second, the requested Exception to Street Standards does not satisfy three of the four criteria
required for approval. The approval criteria are: A) There is demonstrable difficulty in meeting
the specific requirements of this chapter due to a unique or unusual aspect of the site or
proposed use of the site; B) The variance will result in equal or superior transportation facilities
and connectivity; C) The variance is the minimum necessary to alleviate the difficulty; and D)
The variance is consistent with the stated Purpose and Intent of the Performance Standards
Options Chapter. The appellant indicates that circumstances do not exist to address criteria A,
B orC.
This issue was addressed on page 7 of the Staff Report for the March 11, 2008 Planning
Commission meeting, discussed by the Commission, and a finding was ultimately made that
the installation of full public street improvements including sidewalks would require significant
site disturbance along more than 300 feet of the Hitt Road right-of-way in a steeply-sloped and
heavily-wooded area which the applicants had proposed to protect as one of the site's natural
features. The Commission findings noted that future development of properties to the south is
constrained by steep slopes, and that the Exception to Street Standards assists in preserving and
protecting the sloped areas on the project site. As part of the application, the applicants
proposed to relocate the existing gate on Hitt Road, which limits public access to a city-owned
water tank on the property to the south. The gate is to be relocated to accommodate the
driveway placement for the proposed Lot 5, and would also provide for the placement of
parking and a turn-around area as required by the Planning Commission. The applicants
propose to install fire sprinklers in all homes, implement a fire prevention and control plan, and
install a new hydrant on Hitt Road to provide for adequate fire protection. Easement access
and trail improvements across the southern portion of the subject property were previously
Page 2 of 4
061708 Strawberry Lane Appeal. CC.doc
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CITY OF
ASHLAND
provided to create a pedestrian link between Hitt Road and Birdsong Lane, and the applicants
have agreed to sign in favor of future improvements to Hitt Road and provide a third off-street
parking space on each of the lots to accommodate visitor parking demand. The Planning
Commission also found that four additional on-street parking spaces needed to be provided by
the applicants near the relocated gate and between the driveways of Lots 2 and 4 to ensure
adequate fire access within the wildfire interface and to offset the on-street parking spaces that
would otherwise have been provided if Hitt Road were fully extended to the south boundary of
the proposed development.
Third, the building envelope for the proposed Lot 1 is inconsistent with the intent of the
Performance Standards Options Chapter 18.88. The purpose and intent of the chapter is: "to
allow an option for more flexible design than is permissible under the conventional zoning
codes. The design should stress energy efficiency, architectural creativity and innovation, use
the natural features of the landscape to their greatest advantage, provide a quality of life equal
to or greater than that provided in developments built under the standard zoning codes, be
aesthetically pleasing, provide for more efficient land use, and reduce the impact of
development on the natural environment and neighborhood"
A building envelope serves to identify the limits of construction disturbance associated with
building on a lot; building envelopes must be identified in subdivision applications made under
the Performance Standards Options Chapter. The building envelope is a general limit, and lot
coverage provides an additional restriction in placing an overall limit on the total amount of
covered area including building footprints, driveways, and other covered areas. The building
envelope on Lot 1 was addressed on page 4 of the Staff Report addendum for the April 8, 2008,
where it was noted that the location of the proposed envelope was intended to minimize the
impact to the immediately adjacent neighbor while preserving established mature trees on and
adjacent to the project. Additionally, the building envelope location provided for a driveway
placement on Lot 1 that resulted in the least slope disturbance in order to minimize the impact
to the site and its natural features. The Planning Commission ultimately made a finding made
that the building envelopes for the development were proposed at specific locations in order to
protect the site's natural features, rather than to protect the views of surrounding property
owners.
The public hearing is scheduled for the June 17, 2008 Council meeting. The item is time sensitive
because the 120-day limit expires on July 1, 2008. Ideally, the hearing would be completed and a
decision made at the June 17,2008 meeting. This would allow preparation of the findings for adoption
at the July 1, 2008 meeting.
Related City Policies:
N/A.
Council Options:
The Council may approve, approve with modifications and conditions, or deny the application.
Page 3 of 4
061708 Strawberry Lane Appeal. CCdoc
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CITY OF
ASHLAND
Potential Motions:
Move to approve the application for: Outline Plan approval under the Performance Standards Options
Chapter 18.88 for a six-lot, five-unit residential subdivision; Physical & Environmental Constraints
Review Permit for Development of Hillside Lands; Tree Removal Permit to remove 13 trees six-inches
in diameter at breast height (d.b.h.) or larger; and an Exception to Street Standards to allow the
applicants to end street improvements at the driveway of Lot 5 rather than extending them to the
southern boundary of the project for the property located at 500 Strawberry Ln. in PA 2008-00182
with the conditions of approval attached by the Planning Commission as stated in the Findings and
Orders dated April 8, 2008.
Move to approve the application for: Outline Plan approval under the Performance Standards Options
Chapter 18.88 for a six-lot, five-unit residential subdivision; Physical & Environmental Constraints
Review Permit for Development of Hillside Lands; Tree Removal Permit to remove 13 trees six-inches
in diameter at breast height (d.b.h.) or larger; and an Exception to Street Standards to allow the
applicants to end street improvements at the driveway of Lot 5 rather than extending them to the
southern boundary of the project for the property located at 500 Strawberry Ln. in PA 2008-00182
with modified conditions of approval.
Move to deny the application as submitted.
Attachments:
Record of Planning Action PA 2008-00182,500 Strawberry Ln.
Page 4 of 4
061708 Strawberry Lane Appeal.CCdoc
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PLANNING ACTION 2008-00182
TABLE OF CONTENTS
PLANNING ACTION:#2008-00182
SUBJECT PROPERTY: 500 Strawberry Lane
APPLICANT: McLellan, Robert & Laura
DESCRIPTION:Appeal by Catherine Dimino of the Planning Commission’s April 8
decision to
th
grant Outline Plan Approval to allow a six-lot, five-unit subdivision under the Performance
Standards Chapter 18.88 for the property located at 500 Strawberry Lane. The application also
includes requests for a Physical & Environmental Constraints Review Permit for Development of
Hillside Lands, a Tree Removal Permit to remove 13 trees six inches in diameter at beast height
(d.b.h,) or larger, and an Exception to Street Standards to allow the applicants to end street
improvements at the driveway of Lot 5 rather than extending them to the southern boundary of the
project. COMPREHENSIVE PLAN DESIGNATION: Rural Residential; ZONING: RR-.5-P; ASSESSOR’S
MAP #: 39 1E 08 AC; TAX LOT: 201.
Date Item Page #
4/28/2008 Notice of Land Use Appeal submitted by Catherine Dimino
1-9
Public Notice & Criteria, Affidavit of Mailing, Mailing List, Newspaper
Publication
4/11/2008 Notice of Decision
10-11
4/8/2008 Planning Commission Findings, Conclusions & Orders
12-22
4/8/2008 Planning Commission Minutes
23-28
4/8/2008 April 8, 2008 Planning Commission Packet
Public Notice & Criteria
29-30
Planning Department Staff Report Addendum 31-41
Tree Removal and Protection Plan 42
Materials submitted into the record (March 12-19, 2008)43-59
Applicant?s response to materials submitted into the record
60-64
6/09/2008 Comments from Debra Allen Kutcher
65
3/10/2008 Comments from Catherine & Lou Dimino
66-69
3/6/2008 Comments from Rodney Scott Dixon & Joan E. Cresse
70-73
3/6/2008 Tree Commission Review
74
Public Hearing Notice 75
3/07/2008 Fire Inspection Report
76
Fire Prevention and Control Plan / Erosion Control Plan 77
3/8/2008 Notice of Site Visit
78
Mailing List
79
3/11/2008 Planning Commission Minutes
80-86
3/11/2008 March 11, 2008 Planning Commission Packet
Public Notice & Criteria, Mailing List,Newspaper Publication 87-90
Public Hearing Speaker Request Forms
91-93
Staff Report
94-110
Project Description and Findings of Fact, Submitted by Urban
111-174
Development Services
Plan Submittals from Urban Development Services 175-184
2/4/2008 Zoning Permit Application
185-187
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, .
X I IS
f 200 ~ OfJ/g2-
subml eq O~ 17 oS
t -. ", ~
:-Ie_':"
" .
i'"
!' I', '. .. oJ'Z~of
Lot Coverage '; f. ,,' rgz..
Staff states: I ~>"II~({JJ1i!-
"..., and a finding was made that the Performance Standards Options Chapte; provides---
for more flexibility than is permissible under conventional zoning codes in order to
reduce the impacts of development on the natural environment, and that this flexibility
can be applied to look at lot coverage in terms of the subdivision site as a whole in order
to protect natural features of the site while providing for the architectural creativity and
innovation that the chapter seeks to encourage,"
While Chapter 18.88 provides for more flexibility, it is clear that lot coverage in terms of
subdivision site is not allowed by this chapter. 18.88.100 states
Developments exercising the Perfonnance Standards option shall be required to meet all other applicable
sections of the Land Use Development Ordinance except for minimum lot size, lot width, lot depth and
setback requirements, and except as otherwise provided in this Chapter.
. The stated exceptions do not include lot coverage, nor is lot coverage mentioned
anywhere else in the chapter. Exceptions to Street Standards under certain
conditions are mentioned, but not lot coverage.
. The exceptions to Street Standards provide conditions that need to be met before the
exception can be approved. Where are the conditions that need to be met before a lot
coverage exception is granted?
. The word flexibility in Chapter 18.88.010, Performance Standards Options Purpose
and Intent, does not mean you can allow unstated exceptions. The exceptions that
are stated in this chapter provide the flexibility that is mentioned in the purpose of
this chapter. If flexibility did mean you can allow unstated exceptions then how
could you deny a request for a 4 or 5 story home, or any other unstated exception the
applicant wants? If there are no stated conditions that have to be met for unstated
exceptions, you would have to allow any request.
. Where is the hardship or natural features on these 3 lots in question that requires
larger coverage? As a matter of fact, lot 1 is proposing a building envelop where the
slopes are the steepest thus requiring deeper cuts and fills. The needed space for the 3
lots requiring more than 20% coverage can be taken from lot 4.
. Chapter 18.16.040 for this zoning district explicitly states the lot coverage for Y:z acre
lots is twenty (20%) percent maximum.
. Interpretation of the ordinances in Chapter 18.112.070 says when conditions imposed
by a provision of this Title are less restrictive than comparable conditions imposed by
any other provision of this Title, the more restrictive conditions shall govern.
. Maintenance of minimum requirements in 18.112.020 states that lot area, yard, or
open space cannot be used as the lot area, yard, or open space for another use.
Consequently, you cannot use another lot area in the calculation of lot coverage for
your lot.
. Allowing extra coverage concentrates the coverage in an area where it is least
desirable since these lots are more visible to the surrounding neighborhood.
. This interpretation of lot coverage can lead to bad coverage results that are not
equitable within the subdivision.
The code does not state that lot coverage is expressed in terms of the subdivision site as a
whole. The definition of coverage defines coverage for a lot or coverage for a site. It
does not state that lot or site coverage is a percentage of the area of the lot or site. It
says coverage is a percentage of the area of the lot or site. If you were to interpret that
lot or site coverage is a percentage of the lot or site, then
. The interpretation applies to all Subdivisions, Partitions, and Performance Standards
Options since the definition is not in the Performance Standards and Options chapter.
. The definition of maximum lot coverage in each district does not mean maximum lot
coverage, but means maximum lot coverage or overall site coverage.
. This interpretation of lot coverage can lead to bad coverage results that are not
equitable within the subdivision, partition or Performance Standards Option
subdivision.
If you were to grant more than 20% lot coverage, the only reasonable option would be to
grant 20% impervious surface and the remaining percentage to be pervious surfaces.
This would have less impact on the neighborhood, and preserves the natural environment
which is the stated purpose of Performance Standards Option. Allowing more than 20%
impervious surface means the house could take up more than 20% of the lot coverage.
Street Standards
The issues I raised regarding a common driveway or an alley between Strawberry Lane
and the upper portion of Hitt Road were never addressed.
The alley is a much better option for the neighborhood. It provides:
. Alternate access to homes on Hitt Road when conditions make it difficult to navigate
the steep portion ofHitt Road. The current driveway for 500 Strawberry could be
extended to Hitt Road. It has a much gentler slope.
. It provides for more interesting designs where garages are not visible to the street as
stated in Street Standards Handbook.
. It reduces traffic on an already substandard street.
. It makes the subdivision more neighborly as stated in the Street Standards Handbook
by integrating the subdivision into the neighborhood with a path for pedestrians and
bicyclists, allowing travelers to choose from many routes that match their particular
skills.
. This option provides superior transportation facilities and connectivity, which is a
requirement to Exception to Street Standards in 18.88.050. Thus this proposal is not
equal or superior to Street Standards.
Trees on the lower end of Hitt Road by the sidewalk should be added as specified in the
Street Standards Handbook.
There are 2 smaller Oak trees on Strawberry that have a nice canopy that are marked to
be removed because of the location of the curb cut. It doesn't make sense to remove
these until a prospective buyer decides where they want the driveway.
There is mature Oak tree on Strawberry that will not be removed. Because the mistletoe
hasn't been removed, the health of this tree is in jeopardy. If there is not a requirement to
take care of street trees, I respectfully request that you consider preventative maintenance
requirements for street trees.
The Tree Commission Review recommends the applicant shall address the mistletoe in
the Oak trees.
Building Envelop & Lot Coverage
A larger building envelope for each of the lots is more desirable. It provides for more
flexibility in designing an architecturally interesting home and preserving the natural
features. A larger envelop is not an exception to the Performance Standards Option. The
homes would still have to adhere to the ordinances requirements. It isn't the natural
features of the land, but the currently stated envelopes, conceptual designs, and size of
the lots that drive the need for larger lot coverage for lots 1 and 2. In the case oflot 3, the
size and shape of the lot impacts the lot coverage.
The envelope for lot 1 places the house on the steepest portion of the lot. This requires
either the house to appear to reside on Hitt Road, or the front of the house is looking at
the neighbor's side and back yard. What would normally be a front yard becomes a
driveway parallel to Strawberry Lane. This is an unnatural location for a home for this
lot on the steepest portion of the lot.
As set forth in 18.88.090 Performance Standards Guidelines, there should be minimum
landscaping & design standard for lot 1 since the driveway is a major visible feature on
Strawberry Lane.
The proposed envelopes restrict the prospective buyers' options, and do not reduce the
impact of the development on the natural environment and neighborhood as stated in the
Purpose and Intent of the Performance Standards Options Chapter. Instead they impact
the ability to design an architecturally interesting home.
---- -- - - ------ ------ --------- --------r --~- -- - ----
I IN TH-E MATTER OF PLANNING ACTION #2008-00182, a request for; -) ! REQUEST--FOR 1
. Outline Plan Approval to allow a six-lot, fIve-unit subdivision under the iT: AN
Performance Standards Options Chapter 18.88 for the property located at 500 r)l EXTENSION
Strawberry Lane. The application also requests a Physical & Environmental 'n-r OF THE TIME
Constraints Review Permit for Development of Hillside Lands, a Tree Removal iT: LIMIT
Permit to remove 13 trees six-inches in diameter at breast height (d.b.h.) or larger, r-I ORS 227.178(1)
and an Exception to Street Standards to allow the applicants to end street
improvements at the driveway of Lot 5 rather than extending them to the southern. I
I ;
boundary of the project. ; !
! !
---- t-I
I I
I I
---.,- ---
I APPLI~ANTS: McLellan, Robert & La~~~___
Applicants request a 3D-day extension to the time limit set forth in ORS 227.178(1).
c.;::;----~
'. ---~
-" -
-'~'." --
Applicant
r:; - /7 - (l Y
Date
Applicant
Date
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~l " _ U1)~_~oQ,-8z..
. i:'1.o;j.D~: .,,:~
\, ~<' vtl]l--' ;~ 0"..-
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,.,. y
[Note: ORS 227.178(5) provides that the "120-day period set in (ORS 227.178(1)) may
be extended for a specified period of time at the written request of the applicant. The total
of all extensions may not exceed 245 days."]
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Public Hearing to Increase Utility Rates
June 17,2008 Primary Staff Contact: Lee Tuneberg
Administrative S E-Mail: tuneber1@ash1and.oLus
None Secondary Contact: None
Martha Benne Estimated Time: 45 minutes
Question:
Will the Council approve increases to the Water, Wastewater, Transportation and Storm Water utility
rates effective August 1, 2008?
Staff Recommendation:
Staff recommends Council consider this information provided and adjust rates as discussed.
Background:
Increases are recommended because operational costs in all areas continue to rise faster than our
revenue streams. This is especially true for any costs relating to fuel, energy and products that are
reliant on those industries for production such as construction materials.
A contributing factor is reduced sales from weather fluctuations. A reduction in sales for the Electric
Fund saves in the amount of wholesale power to be purchased but reduced water sales translates into
less revenue to cover fixed costs like treatment plant maintenance, debt service and overhead. The end
result is, and has been, a reduction in reserves needed to meet operational commitments.
Comparison of Operational Ending Fund Balances
with Total Trend Line - All Utilities
$10,000,000
TOTAL TOTAL TOTAL TOTAL
$8,000,000
$6,000,000
$4,000,000
$2,000,000
$-
$(2,000,000) 2004 2005 2006 2007 2008 2008 2009 2010
Actual Actual Actual Actual Target Estimate Budget Projected
l!liii'll_ Electric Fund r///ITelecom c:::::J Water Fund ~ Wastewater Fund
II Street-Transportation _ Street-Stormwater Ei3 TOTAL - Linear (TOTAL)
The above chart demonstrates that the TOTAL of all operating fund balances has reduced from nearly
$8 million to a projected $5 million or less in six years. This is a significant trend for enterprises with
Page 1 of 5
061708 Utility Rates.CC.doc
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CITY OF
ASHLAND
total operating budgets of $29 million, of which, over half of the corresponding revenues are directly
impacted by weather changes.
The following table compares FY 2009 budget estimates for revenue, expenses and ending fund
balance for operations in each of the utilities. Capital project costs and financing are not represented in
this table except for any potential new debt service impacts.
FY 2008.2009 Budget Comparison Transportation Storm Water Water Wastewater
Operational Revenue:
Charges for Service · $ 1,235,000 $ 535,000 $ 4,300,000 $ 2,715,000
Taxes & Intergovernmental 1 ,157,000 - 1,691,000
Miscellaneous 135,000 35,000 145,000 105,000
Total $ 2,527,000 $ 570,000 $ 4,445,000 $ 4,511,000
Operational Expense:
Personal Services $ 574,631 $ 250,691 $ 1,671,022 $ 921,229
Materials & Services 1,360,400 298,130 2,474,604 2,293,571
Existing Debt Service 539,019 1,782,949
New Debt Service 300,000 100,000 240,000 -
Other 275,000 28,000 25,000 101,500
Contingency 62,000 31,000 133,000 135,000
Total $ 2,572 031 $ 707 821 $ 5,082 645 $ 5.234.249
Budgeted Shortfall $ 145,031) $ (137821) $ (637,645) $ 1723.249\
Operational Ending Fund Balance $ 1,311,317 $ (858,337) $ 550,673 $ 1,776,644
Target 248 000 62 000 889,000 1 777.457
Difference $ 1,063,317 $ (920,337) $ (338,327) $ 1813
Budgeted Increase · 3.0% 5.0% 5.0% 3.0%
Revenue Impact $ 37,000 $ 26,800 $ 215,000 $ 81,500
. Charges for services projections include budgeted rate increase.
Proposed Increase 3.0% 10.0% 2% . 8% 3.0%
Revenue Impact $ 37,000 $ 53,600 $ 323,000 $ 81,500
Points to gamer from the above table:
a. Charges for services do not fully fund operations in any of the four activities even though they
are calculated with the budgeted rate increases and anticipated growth in sales.
b. Transportation relies on gas tax and franchise revenue to balance.
c. Wastewater's Food & Beverage tax revenue falls short of annual debt service.
d. Only Transportation shows an ending fund balance (EFB) that meets target.
e. Storm Water's negative EFB offsets Transportation's in the Street Fund.
f. Unused Contingency can offset or significantly reduce budgeted shortfalls.
The budget was built with anticipated increases to meet 2009 needs and recognizing increasing
industry costs and debt service to pay for needed infrastructure repair and borrowing. Staff
recommends higher rates in Storm Water and Water to address the anticipated shortfalls.
arratives for the Street, Water and Wastewater funds follow.
Page 2 of 5
061708 Utility Rates.CC.doc
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CITY OF
ASHLAND
Street Fund - Transportation and Storm Water Utilities
The Street Fund is a Special Revenue fund because of the state revenue sharing resource and it
accounts for two systems, Transportation Utility and the Storm Water Utility.
The FY 2008 annual budget is approximately $5.9 million including $2.7 million in capital
expenditures for Street, Storm Water and Local Improvement District (LID) projects. Adopted for FY
2009 is a budget of $7.1 million with $3.3 million in capital expenditures. The long-term budget
indicates the need to borrow $3.7 million for capital improvements in the next year and $2.7 million
before 2014 (excluding LID financing). The Capital Improvement Program identifies $17.5 million in
transportation and $2.6 Storm Water projects from FY 2008 through FY 2014.
As of June 30, 2007, the governmental statements showed $42.1 million in Improvements other than
buildings with $21.8 million or 52% in accumulated depreciation. Street and storm water
improvements are a portion of this total. There are no significant amounts of debt outstanding at this
time for street or storm water improvements.
The primary revenue sources are Transportation and Storm water Utility fees, State Revenue Sharing
(gasoline tax), franchise fees, assessments and miscellaneous grants and intergovernmental revenue.
Primary operational expenditures are for staff, materials, external services and debt service grouped by
division for Street Operations and Storm Drain Operations. The fund also includes Grounds
Maintenance activity for the plaza and boulevards, debt service and Contingency.
Actual 2007 to projected 2008 Street Operations personnel costs increased 10.2% while materials and
services rose 3.4% during the same time. Actua12007 to projected 2008 Storm Water Operations
personnel costs increased 23.0% while materials and services rose 3.3% during the same time.
Increases in staff costs include more time being spent during foul weather during winter months.
Projections indicate operational revenue will exceed operational expense in FY 2008, contributing
$550,000 to ending fund balance. This is due to consistent gas tax revenue in the past, interest
earnings and under spending by the department, including savings from the RVTV contract. However,
FY 2008-2009 is expected to be in the -$180,000 range with the prediction that sales of gallons of
gasoline will drop severely impacting gas tax revenue. Operational expenses, and the potential of
added debt service for approved projects also contribute to the shortfall.
Due to anticipated debt service and capital needs staff proposes a 3.0% increase for Transportation.
Due to the ongoing shortfall between Storm Water revenues and expenses and a negative operational
reserve, staff recommends a 10% increase.
Water Fund
The Water Fund is an enterprise with a FY 2008 annual budget of approximately $7.6 million
including $2.3 million in capital expenditures. Adopted for FY 2009 is a budget of $8.0 million with
$2.9 million in capital expenditures. The long-term budget indicates the need to borrow $4.75 million
for capital improvements in the next year and $6.6 million before 2015.
Page 3 of 5
061708 Utility Rates.CC.doc
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CITY OF
ASHLAND
As of June 30, 2007, the proprietary statements showed $33.2 million in assets with $11.3 million in
depreciation and $5.2 million in related debt that will be retired in December 2022. That leaves a net
investment of about $16.6 million. The Capital Improvement Program identifies $27 million in
projects from FY 2008 through FY 2014 including $11 million for the Talent, Ashland Phoenix (TAP)
waterline project.
The primary revenue sources are charges for services and system development charges (SDCs or
impact fees). SDCs are restricted for capital improvements or debt service related to such projects.
Grants of$50,000 for forest interface work are proposed in 2009. Primary operational expenditures
are for staff, materials, external services and debt service segregated by major activities including
Conservation, Supply, Treatment, Distribution and Forest Interface divisions. Actual 2007 to projected
2008 personnel costs increased 11.4% while materials and services rose 17% during the same time.
Projections indicate operational expenses will exceed operational revenues by over $400,000 in FY
2007-2008. FY 2008-2009 is expected to do the same. The result is operating ending fund balance
will decrease to $550,000, or $330,000 below the fund balance target of20% of annual revenues. Due
to low water sales and increased capital needs, staff proposes an array of adiustments rather than a
7.5% across the boards. To ease the burden on all users for culinary and health needs AND to send a
conservation message, Staff is proposing a 4% increase on base rates, 2% on the lowest block of water,
4% on the second black, 6% on the third and 8% on the highest block.
Wastewater Fund
The Wastewater Fund is an enterprise with a FY 2008 annual budget of approximately $6.7 million
including $1.5 million in capital expenditures. Adopted for FY 2009 is a budget of $7.1 million with
$1.9 million in capital expenditures. The long-term budget indicates the need to borrow $3.0 million
for capital improvements in the next year and $2.3 million before 2014.
As of June 30, 2007, the proprietary statements showed $49 million in assets with $8.3 million in
depreciation and $19.7 million in related debt (DEQ loan) that will be retired May 2022. That leaves a
net investment of about $21 million. The Capital Improvement Program identifies $8 million in
projects from FY 2008 through FY 2014 including $2 million for the thermal improvements.
The primary revenue sources are charges for services, food & beverage tax proceeds and system
development charges (SDCs or impact fees). SDCs are restricted for capital improvements or debt
service related to such projects. Primary operational expenditures are for staff, materials, external
services and debt service grouped by division for Collection and Treatment. Actual 2007 to projected
2008 personnel costs increased 7.7% while materials and services rose 11.7% during the same time.
Projections indicate operational expenses will exceed operational revenues by $386,000 in FY
2007-2008. FY 2008-2009 is expected to be in the -$700,000 range. This results in operating ending
fund balance just meeting the minimum debt coverage requirement of the DEQ loan. Due to increased
capital needs and the requirement to meet loan covenants, staff proposes a 3.0% increase.
Review of rate adiustments:
Staff provided a comprehensive report about this time last year as part of a public hearing. Subsequent
rate increases to Transportation and Storm Water utility fees and to Water and Wastewater rates were
Page 4 of 5
061708 Utility Rates.CC.doc
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CITY OF
ASHLAND
approved effective August 1 S\ 2007. No utility rate increases were implemented during the prior fiscal
year and only the electric rate increase, offset by the surcharge decrease, has been done since.
Electric rates are not being considered at this time but the ratio of revenue to expense should be
monitored during the year. Telecommunications rates are also not included in that they are on a
different process than these basic utilities.
Below is a table showing recent rate increases compared to the 2009 budgeted increases and what is
recommended:
Actual, Budgeted & Recommended Increases 2006 Actual 2007 Actual 2008 Actual 2009 Budgeted Recommended
Transportation Utility Fee 8.1% 0.0% 15.0% 3.0% 3.0%
Storm Drain Utility Fee 8.4% 0.0% 50.0% 5.0% 10.0%
Water Fees 3.5% 0.0% 6.0% 5.0% 2%-8%
Wastewater Fees 3.0% 0.0% 10.0% 3.0% 3.0%
Electric Rate Increase · 0.0% 0.0% 8.7% 0.0% 0.0%
Electric Surcharge Elimination in 2007.2008 · -10.0% 0.0% .16.6% N/A N/A
. Electric rate increase and Surcharge elimination in 2008 is estimated to have a zero impact on the average customer.
Summary
Staffrecognizes the concern about anticipated adjustments in the budget becoming automatic or
"routine" just as there is concern that ignoring or minimizing the necessity for rate adjustments and
borrowing for capital needs is not reasonable.
The proposed rate increases would raise the average total utility bill (including electricity and user tax)
for a family of four approximately $3.62 or 2.1 % per month depending upon water consumption. The
average percentage increase for these four utilities is estimated at 5.7%.
Related City Policies:
Financial Management Policy
Council Options:
Council can:
1. Accept the increases proposed by staff.
2. Raise or lower any or all increases based upon discussions.
3. Defer rate changes for additional information.
Potential Motions:
Council moves to accept staff proposal (as revised) and raise rates per the attached reso1ution(s).
Attachments:
Resolutions for Transportation, Storm Water (Storm drain), Water and wastewater rates.
Page 5 of5
061708 Utility Rates.CC.doc
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RESOLUTION NO. 2008-
A RESOLUTION ADOPTING A TRANSPORTATION
UTILITY RATE SCHEDULE PURSUANT TO ASHLAND
MUNICIPAL CODE SECTION 4.26.020 AND REPEALING
RESOLUTION 2007-21.
THE CITY OF ASHLAND RESOLVES AS FOllOWS:
SECTION 1. The "Transportation Utility Rate Schedule," marked "Exhibit A" and
attached to this Resolution, is adopted as the transportation user fees incorporating a
3% rate increase effective August 1,2008.
SECTION 2. One copy of this Resolution and "Exhibit A" shall be maintained in the
office of the City Recorder and shall be available for public inspection during regular
business hours.
SECTION 3. The rates adopted pursuant to this Resolution shall be effective August 1,
2008.
SECTION 4. Resolution 2007-21 is repealed on the effective date of this Resolution.
SECTION 5. The fees imposed by this Resolution are classified as not subject to the
limits of Section 11 b of Article XI of the Oregon Constitution (Ballot Measure No.5).
This resolution was duly PASSED and ADOPTED this
takes effect upon signing by the Mayor.
day of June, 2008, and
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of June, 2008.
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
RESOLUTION NO. 2008-
A RESOLUTION ADOPTING A TRANSPORTATION
UTILITY RATE SCHEDULE PURSUANT TO ASHLAND
MUNICIPAL CODE SECTION 4.26.020 AND REPEALING
RESOLUTION 2007-21.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The "Transportation Utility Rate Schedule," marked "Exhibit A" and
attached to this Resolution, is adopted as the transportation user fees incorporating a
3% rate increase effective August 1, 2008.
Prorated calculations are permitted for any bills prepared for a partial month or billing
period that overlaps the effective date of this Resolution.
SECTION 2. One copy of this Resolution and "Exhibit A" shall be maintained in the
office of the City Recorder and shall be available for public inspection during regular
business hours.
SECTION 3. The rates adopted pursuant to this Resolution shall be effective August 1,
2008.
SECTION 4. Resolution 2007-21 is repealed on the date new rates established by this
Resolution are effective.
SECTION 5. The fees imposed by this Resolution are classified as not subject to the
limits of Section 11 b of Article XI of the Oregon Constitution (Ballot Measure No.5).
This resolution was duly PASSED and ADOPTED this
takes effect upon signing by the Mayor.
day of June, 2008, and
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of June, 2008.
Reviewed as to form:
John W. Morrison, Mayor
Richard Appicello, City Attorney
Exhibit A
City of Ashland
TRANSPORTATION UTILITY FEES WITHIN THE CITY LIMITS
RESOLUTION 2008-
Effective Date, August 1, 2008
Transportation Fee
A. Single Family $
B. Multiple Family $
C. Retail Store $
D. Wholesale Use $
E. Office Use $
F. MedicallDental Use $
G. Service Use $
H. Restaurant/Bar Use $
I. Manufacturing Use $
J. Warehousing Use $
K. Hotel/Motel Use $
L. Institutional and all other accounts not $
classified above. Including nursing
homes and retirement homes
M. Churches and places of Worship
Effective
8/1/2007
3% rate increase
effective 8/1/2008
7.49 $
5.71 $
1.02 $
0.60 $
0.68 $
0.92 $
0.92 $
2.68 $
0.60 $
0.34 $
2.68 $
2.68 $
Exempt
Unit
7.71
5.88
1.05
0.62
0.70
0.95
0.95
2.76
0.62
0.35
2.76
2.76
Per month
Per month per unit
Per month per 100 sq ft.
Per month per 100 sq ft.
Per month per 100 sq ft.
Per month per 100 sq ft.
Per month per 100 sq ft.
Per month per 100 sq ft.
Per month per 100 sq ft.
Per month per 100 sq ft.
Per month per guest room
Per month per required parking spaces
as specified in Chapter 18.92.
NOTE: Users with in the Downtown Overlay District shall be charged on the same basis as elsewhere within the
city. The minimum fee per month for any commercial account is:
$ 7.49 $ 7.71
H:\ShipletD\Council\Council Communication\2008\June 16 and 17\061708 Utility Rates.Res.Transp.atch1.xls
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RESOLUTION NO. 2008-
A RESOLUTION ADOPTING A STORM DRAINAGE
(STORM WATER) UTILITY RATE SCHEDULE PURSUANT
TO ASHLAND MUNICIPAL CODE SECTION 4.27.050 AND
REPEALING RESOLUTION 2007-22.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The "Storm Drainage Utility Rate Schedule," marked "Exhibit A" and
attached to this Resolution, is adopted as the Storm Drainage Utility fees incorporating
a 10% rate increase effective August 1, 2008. The City Administrator will provide the
City Council with a review of the rate structure by July 1,2012.
SECTION 2. One copy of this Resolution and "Exhibit A" shall be maintained in the
office of the City Recorder and shall be available for public inspection during regular
business hours.
SECTION 3. The rates adopted pursuant to this Resolution shall be effective August 1,
2008.
SECTION 4. Resolution 2007-22 is repealed on the effective date of this Resolution.
SECTION 5. The fees imposed by this Resolution are classified as not subject to the
limits of Section 11 b of Article XI of the Oregon Constitution (Ballot Measure No.5).
This resolution was duly PASSED and ADOPTED this
takes effect upon signing by the Mayor.
day of June, 2008, and
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of June, 2008.
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
RESOLUTION NO. 2008-
A RESOLUTION ADOPTING A STORM DRAINAGE
(STORM WATER) UTILITY RATE SCHEDULE PURSUANT
TO ASHLAND MUNICIPAL CODE SECTION 4.27.050 AND
REPEALING RESOLUTION 2007-22.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The "Storm Drainage Utility Rate Schedule," marked "Exhibit A" and
attached to this Resolution, is adopted as the Storm Drainage Utility fees incorporating
a 10% rate increase effective August 1, 2008. The City Administrator will provide the
City Council with a review of the rate structure by July 1,2012.
Prorated calculations are permitted for any bills prepared for a partial month or billing
period that overlaps the effective date of this Resolution.
SECTION 2. One copy of this Resolution and "Exhibit A" shall be maintained in the
office of the City Recorder and shall be available for public inspection during regular
business hours.
SECTION 3. The rates adopted pursuant to this Resolution shall be effective August 1,
2008.
SECTION 4. Resolution 2007-22 is repealed on the date new rates established by this
Resolution are effective.
SECTION 5. The fees imposed by this Resolution are classified as not subject to the
limits of Section 11 b of Article XI of the Oregon Constitution (Ballot Measure No.5).
This resolution was duly PASSED and ADOPTED this
takes effect upon signing by the Mayor.
day of June, 2008, and
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of June, 2008.
Reviewed as to form:
John W. Morrison, Mayor
Richard Appicello, City Attorney
Exhibit A
City of Ashland
STORM DRAINAGE UTILITY RATES WITHIN THE CITY LIMITS
RESOLUTION 2008-
Effective Date, August 1, 2008
Storm Drainage Rate
A. Single Family
B. Condominium, 1-9 Units
C. Multi-Family, 1-9 Units
D. Mobile Home & Trailer, 1-9 Unites
E. All other uses not classified above
F. Minimum charge per account
Effective
3/1/2006
$ 3.68
$ 1.59
$ 1.59
$ 1.59
$ 1.23
$ 3.68
10% rate increase
effective 8/1/2008
$ 4.05
$ 1.75
$ 1.75
$ 1.75
$ 1.35
$ 4.05
Unit
Per month
Per month per unit
Per month per unit
Per month per unit
Per 1000 square feet impervious area
Per month
NOTE: Users with in the Downtown Overlay District shall be charged on the same basis as elsewhere within the
city. The minimum fee per month for any commercial account is:
$ 3.68 $ 4.05
H:IShipletDICouncillCouncil Communicationl20081June 16 and 171061708 Utility Rates.Res.Storm.atch1.xls
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RESOLUTION NO. 2008-
A RESOLUTION REVISING RATES FOR WATER
SERVICE PURSUANT TO ASHLAND MUNICIPAL CODE
SECTION 14.04.030 AND REPEALING RESOLUTION
2007 -23.
THE CITY OF ASHLAND RESOLVES AS FOllOWS:
SECTION 1. The water rate charges and rates as shown on the water rate schedule
attached as Exhibit "A" shall be effective for actual or estimated consumption on or after
August 1, 2008.
Prorated calculations are permitted for any bills prepared for a partial month or billing
period that overlaps the effective date of this Resolution.
Miscellaneous Charges and Connection Fees established by the previous resolution
remain in effect as per the attached until revised by separate Council Action.
SECTION 2. Copies of this resolution shall be maintained in the Office of the City
Recorder.
SECTION 3. Classification of the fee. The fees specified in Section 1 and Section 2 of
this resolution are classified as not subject to the limits of Section 11 b of Article XI of
the Oregon Constitution (Ballot Measure 5).
SECTION 4. Resolution 2007-23 is repealed.
This resolution was duly PASSED and ADOPTED this
takes effect upon signing by the Mayor.
day of June, 2008, and
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of June, 2008.
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
RESOLUTION NO. 2008-
A RESOLUTION REVISING RATES FOR WATER
SERVICE PURSUANT TO ASHLAND MUNICIPAL CODE
SECTION 14.04.030 AND REPEALING RESOLUTION
2007 -23.
THE CITY OF ASHLAND RESOLVES AS FOllOWS:
SECTION 1. The water rate charges and rates as shown on the water rate schedule
attached as Exhibit "A" shall be effective for actual or estimated consumption on or after
August 1, 2008.
Prorated calculations are permitted for any bills prepared for a partial month or billing
period that overlaps the effective date of this Resolution.
Miscellaneous Charges and Connection Fees established by the previous resolution
remain in effect as per the attached until revised by separate Council Action.
SECTION 2. Copies of this resolution shall be maintained in the Office of the City
Recorder.
SECTION 3. Classification of the fee. The fees specified in Section 1 and Section 2 of
this resolution are classified as not subject to the limits of Section 11 b of Article XI of
the Oregon Constitution (Ballot Measure 5).
SECTION 4. Resolution 2007-23 is repealed on the date new rates established by this
Resolution are effective.
This resolution was duly PASSED and ADOPTED this
takes effect upon signing by the Mayor.
day of June, 2008, and
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of June, 2008.
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
CITY OF ASHLAND, OREGON
EXHIBIT "A"
WATER RATE SCHEDULE
RESOLUTION NO. 2008-
ADOPTED JUNE 17,2008
EFFECTIVE AUGUST 1, 2008
METERED SERVICE
All water service provided by the City of Ashland will be in accordance with Chapter 14.04 of the
Ashland Municipal Code.
1. WATER RATES WITHIN THE CITY LIMITS
A. MONTHLY SERVICE CHARGE:
The basic service charge applies to all metered water services and does not
include any water consumption.
0.75 Inch Meter
1 Inch Meter
1.5 Inch Meter
2 Inch Meter
3 I nch Meter
4 Inch Meter
6 Inch Meter
8 Inch Meter
OLD
$ 10.91/month
$ 21.81/month
$ 31.1 O/month
$ 40.96/month
$ 85.63/month
$130.92/month
$245.49/month
$409.13/month
B. WATER QUANTITY CHARGE:
NEW
$11.35/month
$22.68/month
$32.34/month
$42.60/month
$89.06/month
$136.16/month
$255.31/month
$425.50/month
All customers will be charged the following rates per cubic feet of water used.
Sinqle Family Residential Consumption
o to 300 cf per month
301 to 1000 cf per month
1001 to 2500 cf per month
Over 2500 cf per month
OLD
$1 .27/ccf
$1.54/ccf
$2.01/ccf
$2.55/ccf
Multi-Family Residential Consumption
o to 300 cf per month per unit
301 to 1000 cf per month per unit
1001 to 2500 cf per month per unit
Over 2500 cf per month per unit
OLD
$1 .27/ccf
$1.54/ccf
$2.01/ccf
$2.55/ccf
EXHIBIT A - PAGE 1 - Effective August 1,2008
NEW
$1.30/ccf
$1.60/ccf
$2.13/ccf
$2.75/ccf
NEW
$1.30/ccf
$1.60/ccf
$2.13/ccf
$2.75/ccf
Non-Residential Consumption
o to 50,000 cf per month
Over 50,000 cf per month
OLD
$1.74/ccf
$1.79/ccf
NEW
$1.83/ccf
$1 .88/ccf
C. TID IRRIGATION WATER RATES:
Unmetered Service
$85.98/acre or portion of an acre - OLD
$90.28/acre or portion of an acre - NEW
Metered Service
Base Service Charge
Water Consumption
Same as "A" above
$0.28/ccf - OLD
$0.29/ccf - NEW
D. BULK WATER RATE:
For water provided on a temporary basis through a bulk meter on a fire hydrant,
the following charges apply:
Deposit*
Basic Fee
Cost of Water
OLD NEW
$940.22 $987.23
$118.72 $124.66
Same as Commercial.
*Deposit is refundable less basic fee, cost of water, and any damage to the city
meter, valve, wrench, and/or hydrant.
E. FIRE PROTECTION SERVICE WATER RATE:
This rate shall apply to all fire protection services or fire guards. The basic
service charge will be equal to the minimum basic service charge. Water will be
billed at commercial rates.
2. RATES OUTSIDE THE CITY LIMITS
All rates and charges for water service provided outside the city limits will be 1.5
times the rates for water service provided within the city limits.
EXHIBIT A - PAGE 2 - Effective August 1, 2008
"ff" I
RESOLUTION NO. 2008-
A RESOLUTION REVISING RATES FOR WASTEWATER
(SEWER) SERVICE PURSUANT TO ASHLAND
MUNICIPAL CODE SECTION 14.08.035 AND REPEALING
RESOLUTION 2007-24.
THE CITY OF ASHLAND RESOLVES AS FOllOWS:
SECTION 1. The wastewater (sewer) rate charges and rates as shown on the
wastewater (sewer) rate schedule attached as Exhibit "A" shall be effective for actual or
estimated consumption on or after August 1, 2008.
Prorated calculations are permitted for any bills prepared for a partial month or billing
period that overlaps the effective date of this Resolution.
Miscellaneous Charges and Connection Fees established by the previous resolution
remain in effect as per the attached until revised by separate Council Action.
SECTION 2. Copies of this resolution shall be maintained in the Office of the City
Recorder.
SECTION 3. Classification of the fee. The fees specified in Section 1 and Section 2 of
this resolution are classified as not subject to the limits of Section 11 b of Article XI of
the Oregon Constitution (Ballot Measure 5).
SECTION 4. Resolution 2007-24 is repealed.
This resolution was duly PASSED and ADOPTED this
takes effect upon signing by the Mayor.
day of June, 2008, and
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of June, 2008.
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
. ~. I
RESOLUTION NO. 2008-
A RESOLUTION REVISING RATES FOR WASTEWATER
(SEWER) SERVICE PURSUANT TO ASHLAND
MUNICIPAL CODE SECTION 14.08.035 AND REPEALING
RESOLUTION 2007-24.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The wastewater (sewer) rate charges and rates as shown on the
wastewater (sewer) rate schedule attached as Exhibit "A" shall be effective for actual or
estimated consumption on or after August 1, 2008.
Prorated calculations are permitted for any bills prepared for a partial month or billing
period that overlaps the effective date of this Resolution.
Miscellaneous Charges and Connection Fees established by the previous resolution
remain in effect as per the attached until revised by separate Council Action.
SECTION 2. Copies of this resolution shall be maintained in the Office of the City
Recorder.
SECTION 3. Classification of the fee. The fees specified in Section 1 and Section 2 of
this resolution are classified as not subject to the limits of Section 11 b of Article XI of
the Oregon Constitution (Ballot Measure 5).
SECTION 4. Resolution 2007-24 is repealed on the date new rates established by this
Resolution are effective.
This resolution was duly PASSED and ADOPTED this
takes effect upon signing by the Mayor.
day of June, 2008, and
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of June, 2008.
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
SEWER RATES
EXHIBIT "A"
PAGEl
EXHIBIT "A"
CITY OF ASHLAND, OREGON
SEWER RATE SCHEDULE
RESOLUTION NO. 2008-
ADOPTED JUNE 17, 2008
EFFECTIVE AUGUST 1, 2008
All sewer service provided by the City of Ashland will be in accordance with Chapter 14.08 of the Ashland
Municipal Code.
1. SEWER RATES WITHIN THE CITY LIMITS
Quantity Charge is based on average winter water consumption in excess of 400 cubic feet (cf) per
month. Winter consumption is defined as the average of water meter readings taken in the months of
January, February and March. Annually on Apri11 the bill will be adjusted based on the water meter
readings taken during the previous three months.
Single family residential water accounts with no consumption during the months of January, February
and March will be based on 700 cubic feet.
Quantity Charge is based on average winter water consumption in excess of 400 cubic feet per month
per unit. Winter consumption is defined as the average of the water meter readings taken in the months
of January, February and March.
Multi-family residential accounts are all accounts in which more than one residential dwelling is
attached to the same water service. Annually on April 1 the bill will be adjusted based on the water
readings taken during the previous three months. Multi-family residential water account with no
consumption during the months of January, February and March will be based at 500 cubic feet. Two
dormitory rooms are equal to one multi-family residential unit.
.,. I
SEWER RATES
EXHIBIT "A"
PAGE 2
Quantity Charge is based on actual monthly water consumption. Mixed residential and commercial
accounts will be billed as commercial.
For commercial, industrial or governmental users where monthly water consumption is not measured
through city water meters, the sewer rate will be establishes as follows: The annual water consumption
will be determine by an estimate made by the Director of Finance who shall use water consumption
records of similar users or water consumption record of past use, if available. The annual water
consumption will be multiplied by the Quantity Charge set forth above and the product divided by
twelve. The quotient will be added to the Monthly Service Charge set forth above. The sum shall be the
monthly sewer rate for the user. This rate shall be effective beginning in the month after the rate is
determined until the following July or until the rate schedule is amended by resolution of the council. At
such time the Director shall redetermine the annual water consumption and compute the monthly sewer
rate using the formal asset forth above. Water consumption determined in this manner shall be lowered
if the user can demonstrate through the use of a meter approved by the city that the user's actual
consumption is less than the estimate.
2. ADDJUSTMENTS AND EXEMPTIONS TO COMMERCIAL AND INDUSTRIAL SEWER
RATES
A. If a commercial, industrial or governmental user can demonstrate that the volume of sewage
discharged by the user is less than 50% of the water consumed, the City Administrator may adjust
the sewer user charge accordingly.
Methodology for Special Cases for City Administrator
1. Greenhouses, Churches, and Schools (grades K-12) operating on a nine month school year.
SEWER RATES
EXHIBIT "A"
PAGE 3
Quantity Charge is based on average winter water consumption. Winter consumption is defined as the
average of the meter readings taken in the months of January, February and March. Annually on Apri11
the bill will be adjusted based on the water meter readings during the previous three months.
1. Bed and Breakfasts and Ashland Parks Bathroom
Quantity Charge is based on winter water consumption. Winter consumption is defined as the total of
water meter readings taken in the months of January, February and March. Annually on Apri11 the bill
will be adjusted based on the water meter readings during the previous three months.
B. Water sold through an irrigation meter is exempt from sewer user charge.
3. SEWER RATES OUTSIDE THE CITY LIMITS
A. The sewer user charge shall apply to those sewer users permitted under Section 14.08.030 of the
Ashland Municipal Code.
B. The sewer rates for outside the City limits shall be two times the sewer charges for inside the
City limits. Unmetered residential accounts will be calculated on an average winter usage of 700
cubic feet of water for single family residences, and 500 cubic feet per unit for multi-family
residences.
.ff" I
Barbara christensen - 2008-CC-OPEN SESSION-MAA June 08 Final Partial Settlement.docPage 1
Council Communication
Agreement for Partial Settlement of MAA v. City of Ashland
June 17, 2008Primary Staff Contact:Martha J. Bennett
Meeting Date:
Department:AdministrationE-Mail:bennettm@ashland.or.us
Secondary Dept.:LegalSecondary Contact:
Approval:Martha J. BennettEstimated Time:10 minutes
Question:
Does the Council wish to adopt a Partial Settlement Agreement, wherein MAA’s withdraws a breach
of contract claim that was included in MAA v. City of Ashland the City agrees not to object to an
amended complaint, and both parties agree that neither party will seek to recover legal fees for this
portion of the litigation?
Staff Recommendation:
Staff recommends that Council approve the agreement for partial settlement.
Background:
In discussions with MAA staff and legal counsel about MAA v. City of Ashland, the staff and legal
counsels have come to an agreement for the City Council and MAA board to consider. The proposed
partial settlement includes three elements:
MAA would dismiss their first claim for relief, which was the breach of contract claim, for any
action that took place prior to the date of this agreement.
MAA would file an amended claim, dropping the first claim and clarifying the request for the
judge to rule on the respective rights of the parties. The amended complaint is attached to this
agreement, and the revised language is included. The City agrees to not object to this revised
complaint.
Both parties agree not to seek legal fees from the work done up to the date of the agreement on
the breach of contract claim. This is found in paragraph #2 of the agreement.
Attachments
:
Agreement to implement partial settlement offer with revised complaint attached
2008-CC-OPEN SESSION-MAA June 08 Final Partial Settlement2008-CC-Confidential-MAA May 08 Partial Settlement
Barbara christensen - SCN_20080611104813.pdfPage 1
2. Waiver of Claims for Attornev Fees on First Claim for Relief. MAA and Ashland
waive any and all claims for attorney fees which are solely attributable to the First Claim
for Relie~ in the f611oVv~11g manner. In recognition that both parties have incurred
attorney fees for legal work which is common to all three of MAA's claims for relief in
its Complaint, and in recognition of the rule that attorney fees need not be apportioned
when they are incurred for representation on an issue common to a claim in which fees
are proper and one in which they are not, see Greb v. Murray, 102 Or App 573, 576
(1990), the parties hereby stipulate and agree that 50% of all attorney fees they have
incurred in the Lawsuit before the effective date of this Agreement shall be deemed to be
solely attributable to the First Claim for Relief.
3. Intce:ration. This Agreement constitutes the entire Agreement between the parties with
respect to the subject matter herein contained and all prior negotiations, discussions,
writings and agreements between the parties with respect to the subject matter herein
contained are superseded and of no further force and effect. This Agreement can only be
amended or modified in writing signed by both parties hereto.
4. Warranties. The undersigned parties warrant that no promise or inducement has been
offered except as set forth herein; that this Agreement is executed without reliance upon
any statement or representation by the persons or entities released or their representatives,
except as set forth herein; and that each of the undersigned is authorized to execute this
Agreement.
5. Counterparts. This Agreement may be executed in two counterparts, each of which
shall be deemed an original and together shall constitute one and the same Agreement.
Dated; June
, 2008
Dated; June
,2008
MT. ASHLAND ASSOCIATION
CITY OF ASHLAND
By:
By:
[Name]
[Title]
Martha Bennett
City Administrator
0019SS25.DOC;J
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CITY OF
ASHLAND
Council Communication
Resolution Relating to the Distribution of Transient Occupancy Tax Revenue
Meeting Date: June 16,2008 Primary Staff Contact: Lee Tuneberg
Department: Administration E-Mail: tuneberl@ash1and.or.us
Secondary Dept.: None Secondary Contact: Ann Seltzer
Approval: Martha Bennet Estimated Time: 30 minutes
Question:
How does Council wish to distribute Transient Occupancy Tax (TOT) revenue generated by the
existing 7% tax and the additional 2% tax to be implemented effective October 1, 2008?
Staff Recommendation:
Staff recommends council allocate the estimated revenue to be generated in FY 2008-2009 per
Alternative A explained below and in subsequent years as outlined in the attached resolution.
Background:
At the regular City Council meeting on June 3,2008, determined a preference to raise the Transient
Occupancy Tax to 9% effective October 1, 2008, and approved first reading of an ordinance to that
effect. Council directed staff to bring back a resolution that distributes the tax revenue to city services
and external groups per the discussion.
Staff has prepared a table suggesting a distribution methodology for FY 2008-2009 different than
ongoing allocations because of the complexities of implementing the tax mid-year, estimating the
potential increased amount to be received and the necessity to meet state requirements for tourism
expenditures on the two levels - pre-2004 tourism percentage of 14.23% and the state required 70%
tourism expenditure for revenue generated from a tax rate increase.
Points to remember in this discussion:
1. The city must meet both targets for tourism expenditure - a minimum of 14.23% of the existing
TOT revenue and 70% of new revenue.
2. The earliest that additional tax revenue will be received is the end of November (for lodging
establishments that report on a monthly basis). Most of the new revenue will not begin to be
received until close to the end of January 2009.
3. In order to expend the revenue in FY 2008-2009 the city will have to estimate the new revenue
and allocate it by direct award or grant before it is actually received. (This process is normal
but the estimates are less reliable with an increased tax in a soft economy.)
4. It may be desirable to allocate and award additional tourism monies early in FY 2008-09 to
have the most significant impact this coming off season.
5. The ability for many small grant recipients to adequately expend and accurately track tourism
expenditures at a heightened level to meet the state requirement is unproven. (Failure to
document such expenditures could jeopardize future state revenue sharing with the city.
6. Monies that may not be able to be expended by June 30, 2009, to meet tourism targets can be
"banked" for future qualifying expenditures.
Page 1 of3
061708 Distribution of TOT.CC.doc
r~'
CITY OF
ASHLAND
Staff sees four options:
A. Distribute "reduced" amounts by straight pro-ration ensuring that target amounts for tourism,
General Fund operations and council goals are met.
B. Distribute revenues from the existing 7% tax per Resolution 2007-08 and as awarded through
the budget/grant application process. Allocate additional portions of the 70% to the Chamber
or others to accomplish specific tourism goals assisting small and medium grantees to bolster
the coming off season; retaining the 30% to address city economic goals/projects in FY 2008-
09. Staff Recommendation below.
C. Distribute additional tourism qualified revenues based upon another review of the applications
received for the original Budget Sub-committee process, granting additional monies to those
who best demonstrated their ability to meet state requirements, the city use existing revenues as
previously identified and new non-tourism restricted revenues as determined later.
D. Determine a new distribution based upon a second granting process for large and medium sized
applicants that can demonstrate and ability to meet tourism and non-tourism targets; the city
retains or banks what is not granted.
Because any process will delay potential effective uses of tourism dollars and probably take more staff
time than is available, management recommends Council focus on the staff recommendation.
Table Revised for New Tax Starting Existing. 7% Council 4/15 10/1/08 Estimation
10/1/08 Direction Staff Recommendation
TOTAL REVENUE $1,525,000 $1,960,000 $1,775,000
Subtotal Non Tourism $1,308,000 $1,438,000 $1,383,000
. General Fund $1,017,000 $1,017,000 $1,017,000
. Small Grants $116,000 $116,000 $116,000
. Chamber Economic Dev. $175,000 $80,000 $80,000
. City Economic Dev./Strategic $0 $225,000 $170,000
Planning
Subtotal tourism $217,000 $522,000 $392,000
. VCB grant $88,000 $225,000 $225,000
. OSF $120,000 $120,000 $120,000
. Small tourism grants $9,000 $109,000 $9,000
. Public Art $0 $15,000 $9,000
. Qualified city projects $0 $53,000 $0
. Based upon Council direction $29,000
Per the recommendation, Council would need to direct who the remaining $29,000 would go to for FY
2008-2009 only.
Page 2 of 3
061708 Distribution of TOT.CC.doc
r~'
CITY OF
ASHLAND
Related City Policies:
AMC 4.24.020
Council Options:
Council can:
· Allocate or reallocate the tax revenues as previously discussed, as identified above or as
amended through discussion to meet state tourism requirements and to fund needed services in
the General Fund.
· Reserve or "bank" the additional tax revenues to accomplish specific goals established at a later
time.
Potential Motions:
1. Move to approve the resolution allocating the TOT revenues as submitted by staff.
2. Move to approve the resolution as amended, allocating TOT revenue per discussion.
Attachments:
. Draft resolution
. Ordinance in process
The council packets from April 15 and June 3, 2008, are available online. Hard copies are available
upon request.
Page 3 of 3
061708 Distribution ofTOT.CC.doc
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ASHLAND REITERATING ITS POLICY RELATING TO THE
EXPENDITURE OF MONIES FOR ECONOMIC AND CULTURAL
DEVELOPMENT TO THE HOTEL/MOTEL (Transient
Occupancy) TAX AND REPEALING RESOLUTION 2007-08.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. That the City Council recognizes that the source of monies for the
Economic and Cultural Development Grant program is the Hotel/Motel Tax.
SECTION 2.
The following are the goals which the Budget Committee is attempting to meet by
granting money to applicants for:
a) Tourism Promotion:
1. Attract someone who travels to Ashland from more than 50 miles away to attend
an event.
2. Attract someone who stays the night in Ashland to attend an event.
b) Economic Development:
1. Promote increased number, variety and size of employers.
2. Encourage wages at or above median wage.
3. Promote businesses that employ 5 to 100 people or is locally owned.
4. Encourage use of local resources.
5. Work with Southern Oregon University, especially for international commerce.
6. Discourage businesses that need water, that emit air pollution, or that create
toxic waste.
c) Cultural Development:
1. Increase the number, variety and size of cultural opportunities in Ashland
2. Support diversification of the local economy
3. Showcases local talent
4. Work with Southern Oregon University on cultural programs
SECTION 3.
The City of Ashland has determined that as of July 1, 2003, $186,657 or 14.23% of
total Hotel/Motel tax revenues were expended on tourism promotion, as defined in
Chapter 818 of the 2003 Oregon Laws, and will continue to be spent on tourism
promotion increased or decreased annually consistent with the estimated TOT
revenues budgeted. Additionally, Chapter 818 requires 70% of any increased TOT
revenue generated by a higher tax rate is committed to tourism promotion.
The minimum amount to be spent on tourism in FY 2008-2009 is estimated at $392,000
($217,000 from the original tax and $175,000 from the proposed increase). The
1- 061708 Distribution of TOT.Res.doc
'W" I
proposed allocation for FY 2008-2009 when the additional tax is in effect for only part of
the year) is per the attached table. If sufficient TOT proceeds are generated to meet the
top three priorities
Beginning in Fiscal Year 2009-2010, the City Council will appropriate:
1. A minimum of 14.23% of the estimated TOT revenue to be generated by the first
7% tax rate for tourism promotion per Chapter 818,
2. A minimum of 70% of the estimated TOT revenue to be generated by additional
tax rates approved by Council for tourism promotion per Chapter 818.
The amount to be calculated and appropriated for tourism through the budget process
with the following percentage distribution:
Chamber of Commerce VCB
Ore on Shakes eare Festival
Economic and Cultural Develo ment Grants - Tourism
Public Art
Remainin to tourism ro'ects determined in bud et rocess
45%
25%
12%
3%
15%
The remaining TOT revenue (not restricted by use) calculated and appropriated for
other uses through the budget process with the following priorities and dollar amounts
as minimums unless insufficient tax proceeds remain after meeting tourism
requirements:
1 st Priorit
2nd Priorit
3rd Priorit
4th Priorit
General Fund 0 erations
Chamber of Commerce Economic Develo ment ro rams
Economic and Cultural Develo ment Grants
Other Economic Develo ment ro rams or other ro'ects
$1,020,000
$80,000
$125,000
Remainin
Other Economic Development programs or other projects are City activities unless
other wise specified by City Council prior to the budget process. Council may
determine they are available for Economic granting purposes and they will then be
made available for the coming budget process and allocation.
If insufficient TOT revenues are generated for the above allocations, the highest priority
uses will receive their full allocation before a lower priority allocation.
By January 31 of each year each recipient of a grant greater than $2,500 for non-
tourism programs or any amount specifically intended for tourism per this resolution
shall submit a report to the city council setting forth how the grant funds received were
expended in furtherance of the goals set forth in Section 2. Grant recipients of $2,500
or less for non-tourism programs are required to report its use only when requesting
additional money in a subsequent year.
SECTION 4. The following guidelines and criteria are established for the Economic and
Cultural Development Grants:
a) Grantee shall be a 501 (c) non-profit agency.
2- 061708 Distribution of TOT.Res.doc
'r I
b) Grantee shall be a non-governmental agency.
c) Grantee shall promote livability for the citizens of Ashland.
d) The minimum grant proposal will be $2,500.
e) The grant will benefit Ashland in regards to enrichment and activities of an
economic nature.
f) Grantee shall serve the population in Ashland but may encompass other venues in
the Rogue Valley. Monies granted are intended to be used for programs or
services performed or provided within the City of Ashland or immediate areas.
SECTION 5. Resolution 2007-08 is repealed upon passage of this resolution.
SECTION 6. This resolution was duly PASSED and ADOPTED this , day
of , 2008, and takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2008.
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
3- 061708 Distribution of TOT.Res.doc
Attachment: Allocation for FY 2008-2009 only.
Table Revised for New Tax 10/1/08 Estimation
StartinQ 10/1/08 Staff Recommendation
TOTAL REVENUE $1,775,000
Subtotal Non Tourism $1,383,000
. General Fund $1,017,000
. Small Grants $116,000
. Chamber Economic Dev. $80,000
. City Economic Dev./StrateQic PlanninQ $170,000
Subtotal tourism $392,000
. VCB qrant $225,000
. OSF $120,000
. Small tourism qrants $9,000
. Public Art $9,000
. Qualified city projects $0
. Based upon Council direction $29,000
4- 061708 Distribution of TOT.Res.doc
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ASHLAND REITERATING ITS POLICY RELATING TO THE
EXPENDITURE OF MONIES FOR ECONOMIC AND CULTURAL
DEVELOPMENT TO THE HOTEL/MOTEL (Transient
Occupancy) TAX AND REPEALING RESOLUTION 2007-08.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. That the City Council recognizes that the source of monies for the
Economic and Cultural Development Grant program is the Hotel/Motel Tax.
SECTION 2.
The following are the goals which the Budget Committee is attempting to meet by
granting money to applicants for:
a) Tourism Promotion:
1. Attract someone who travels to Ashland from more than 50 miles away to attend
an event.
2. Attract someone who stays the night in Ashland to attend an event.
b) Economic Development:
1. Promote increased number, variety and size of employers.
2. Encourage wages at or above median wage.
3. Promote businesses that employ 5 to 100 people or is locally owned.
4. Encourage use of local resources.
5. Work with Southern Oregon University, especially for international commerce.
6. Discourage businesses that need water, that emit air pollution, or that create
toxic waste.
c) Cultural Development:
1. Increase the number, variety and size of cultural opportunities in Ashland
2. Support diversification of the local economy
3. Showcases local talent
4. Work with Southern Oregon University on cultural programs
SECTION 3.
The City of Ashland has determined that as of July 1, 2003, $186,657 or 14.23% of
total Hotel/Motel tax revenues were expended on tourism promotion, as defined in
Chapter 818 of the 2003 Oregon Laws, and will continue to be spent on tourism
promotion increased or decreased annually consistent with the estimated TOT
revenues budgeted. Additionally, Chapter 818 requires 70% of any increased TOT
revenue generated by a higher tax rate is committed to tourism promotion.
The minimum amount to be spent on tourism in FY 2008-2009 is estimated at $392,000
($217,000 from the original tax and $175,000 from the proposed increase). The
1- 061708 Distribution of TOT. Res Revised
proposed allocation for FY 2008-2009 when the additional tax is in effect for only part of
the year) is per the attached table. If sufficient TOT proceeds are generated to meet the
top three priorities
Beginning in Fiscal Year 2009-2010, the City Council will appropriate:
1. A minimum of 14.23% of the estimated TOT revenue to be generated by the first
7% tax rate for tourism promotion per Chapter 818,
2. A minimum of 70% of the estimated TOT revenue to be generated by additional
tax rates approved by Council for tourism promotion per Chapter 818.
The amount to be calculated and appropriated for tourism through the budget process
with the following percentage distribution:
Chamber of Commerce VCB
Ore on Shakes eare Festival
Economic and Cultural Develo ment Grants - Tourism
Public Art
Remainin to tourism ro'ects determined in bud et rocess
45%
25%
12%
3%
15%
The remaining TOT revenue (not restricted by use) calculated and appropriated for
other uses through the budget process with the following priorities and dollar amounts
as minimums unless insufficient tax proceeds remain after meeting tourism
requirements:
1 st Priorit
2nd Priorit
3rd Priorit
4th Priorit
General Fund 0 erations
Chamber of Commerce Economic Develo ment ro rams
Economic and Cultural Develo ment Grants
Other Economic Develo ment ro rams or other ro'ects
$1,020,000
$80,000
$125,000
Remainin
Other Economic Development programs or other projects are City activities unless
other wise specified by City Council prior to the budget process. Council may
determine they are available for Economic granting purposes and they will then be
made available for the coming budget process and allocation.
If insufficient TOT revenues are generated for the above allocations, the highest priority
uses will receive their full allocation before a lower priority allocation.
By January 31 of each year each recipient of a grant greater than $2,500 for non-
tourism programs or any amount specifically intended for tourism per this resolution
shall submit a report to the city council setting forth how the grant funds received were
expended in furtherance of the goals set forth in Section 2. Grant recipients of $2,500
or less for non-tourism programs are required to report its use only when requesting
additional money in a subsequent year.
SECTION 4. The following guidelines and criteria are established for the Economic and
Cultural Development Grants:
a) Grantee shall be a 501 (c) non-profit agency.
2- 061708 Distribution of TOT. Res Revised
b) Grantee shall be a non-governmental agency.
c) Grantee shall promote livability for the citizens of Ashland.
d) The minimum grant proposal will be $2,500.
e) The grant will benefit Ashland in regards to enrichment and activities of an
economic nature.
f) Grantee shall serve the population in Ashland but may encompass other venues in
the Rogue Valley. Monies granted are intended to be used for programs or
services performed or provided within the City of Ashland or immediate areas.
SECTION 5. Resolution 2007-08 is repealed on October 1, 2008.
SECTION 6. This resolution was duly PASSED and ADOPTED this , day
of , 2008, and takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2008.
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
3- 061708 Distribution of TOT. Res Revised
Attachment: Allocation for FY 2008-2009 only.
Table Revised for New Tax 10/1/08 Estimation
Starting 10/1/08 Staff Recommendation
TOTAL REVENUE $1,775,000
Subtotal Non Tourism $1,383,000
. General Fund $1,017,000
. Small Grants $116,000
. Chamber Economic Dev. $80,000
. City Economic Dev./Strategic Planning $170,000
Subtotal tourism $392,000
. VCB grant $225,000
. OSF $120,000
. Small tourism grants $9,000
. Public Art $9,000
. Qualified city proiects $0
. Based upon Council direction $29,000
4- 061708 Distribution of TOT. Res Revised
;)iJMJ;fd UuAcJ tJ:J 11/;7/6%
City of Ashland
Economic & Cultural Development Grant Applications FY 2008-09
listed in the order received
Requested Tourism Econ Dev Cultural Proposed Tourism
Southern Oregon Concert Band $ 5,000 50% 50% 2,500 1,250
Nuwandart 4,500 10% 15% 75%
Youth Symphony 6,500 100% 3,500
St. Clair 20,000 50% 50% 4,000 2,000
Oregon Stage Works 20,000 50% 50% 4,500 2,250
Ashland Bed and Breakfast 25,000 100% 5,000 5,000
SOU Foundation-Native American Pr 5,000 50% 50% 2,500 1,250
Siskiyou Singers 6,500 15% 15% 70% 2,500 375
Ballet Rogue 12,000 33% 42% 25% 4,500 1,485
Rogue Opera 18,000 10% 30% 60% 7,000 700
Ashland Gallery Association 27,905 25% 47% 28% 11,000 2,750
Dancing People Company 5,000 20% 25% 55% 2,500 500
City of Ashland-Public Art Commissi 5,000 40% 60%
Jefferson Center 5,000 50% 50% 2,500 1,250
Southern Oregon Film Society/Ashland 35,000 50% 50% 19,566 9,783
Southern Oregon Repertory Singers 7,500 40% 60% 2,500 1,000
Ashland Artisan Gallery and Art Center 10,000 35% 15% 50%
Friends of the Ashland Public Library/CI 5,000 100% 2,500
Rogue Valley Symphony 15,000 10% 90% 6,710 671
Lithia Arts Guild 12,500 47% 53% 5,000 2,350
Peace House 7,500 40% 4% 56%
Scienceworks 25,250 50% 25% 25% 16,567 8,284
THRIVE 26,000 100% 15,567
Multicultural Association 7,445 100% 2,500
u Art~ork Enterpris~s-,_Inc. 4,090 25% 75% 2,500
___n____
----- -------"Fetal-Requested ~9Q--- 125,410 40,898-
Amount Available $ 125,410
--..-------- $ 8;917
Minimum Tourism AmounfFfequired U__
AcJJWJJtI ~tA. ~ ttJl/og
City of Ashland
Economic and Cultural Development Grant History
GENERAL FUND FY 99-00 FY 00-01 FY 01-02 FY 02-03 FY 03-04 FY 04-05 FY 05-06 FY 06-07 FY 07-08 FY 08-09
#110 Actual Actual Actual Actual Actual Actual Adopted Adopted Adopted Adopted
Economic and Cultural Development Grants $ 275,000 $ 386,600 $ 384,000 $ 387,000 $ 406,800 $ 445,600 $ 458,970 $ 504,650 $ 527,519 $ 508,333
Supported by Resolution No. # 1998-23 # 1998-23 # 2000-25 # 2000-25 # 2000-25 # 2004-32 # 2004-32 # 2004-32 #2007-08 #2007-08
Agency and Program Name Awarded Awarded Awarded Awarded Awarded Awarded Awarded Awarded Awarded Adopted
Matlack $ $ $ $ 1,000 $ 2,500 $ $5,000. $ - $ $
ArtNow 1,000 1,205
ArtWork Enterprises 2,500 2,500
Arts Council of Southem Oregon 3,000 3,600 3,000 3,000 3,500 1,500 3,000 2,381
Ashland Bed and Breakfast Network 5,000
Ashland Community Theatre 3,400 4,000 4,000 4,000
Ashland Gallery Association 6,100 5,000 2,500 2,000 2,500 5,000 10,500 16,000 16,000 11,000
Ballet Rogue 7,500 7,800 5,000 4,500 4,500 5,000 6,000 6.500 4,500
Chautauqua Poets and Writers Board 5,000 4,000 2,500
Community Works 8,000 7,000 5,000 2,500 2,500
Dancing People Company 2,500 2,500
The Green Room 3,000
Horizon Institute 1,000 2,000 1,600
The Jefferson Center 2,500 2,500
Konaway Nika Tillicum 5,000
Lithia Arts Guild of Oregon 4,000 5,000 9,000 10,500 5,000
lomakatsi 1,000
Multi Cultural Association 10,000 2,500
Nuwandart Gallery 2,000 1,500 2,500
Oregon Bed & Breakfast Guild 1,500
Oregon Stage Works 6,000 5,000 7,500 4,500
Planned Parenthood - Teen Theater Program 1,500
Rogue Opera 2,500 2,600 3,250 2,500 3,000 6,000 6,500 7,000 10,500 7,000
Rogue Valley Community Development Corporation 2,500
~og~e_Valley SymphonL 3,500 4,200 m _1,l200u 3,500 ~iO](L___ _6,000 7,000 _ 8,000 12,500 6,710
ScienceWorks 4,500 7,500 12,000 15,O~6,00O. 18,500 16,567
Siskiyou Singers 1,000 2,000 1,750 2,000 4,100 5,000 5,000 3,375 2,500
Southem Oregon Concert Band 2,500
So. OR Econ. Develop. Coalition - (Emigrant lake Powwow) 3,000 2,000
SOU, Native American Studies Program - 2,500- 3,000 2,500
Southem Oregon Film & Video 1,000
Southern Oregon Film Society (Ashland Independent Film Festival) 5,000 5,000 3,000 3,000 8,500 14,000 16,000 21,999 19,566
Southern Oregon Historical Society 3,600 2,143 7,500
Southern Oregon Repertory Singers 1,000 2,500 3,375 2,500
SOWAC 5,000 7,400 7,000 4,710 5,714 8,500 9,000 8,000
SI. Clair Productions 1,000 2,000 4,000 3,500 4,000 5,000 4,000
THRIVE 3,714 6,500 6,745 11,000 15,000 15,567
Theater Ikcewicasa 1,000
Youth Symphony of Oregon 3,000 3,400 3,250 2,000 3,000 4,000 5,000 5,000 6,000 3,500
Subtotal 32,600 49,500 46,000 46,560 52,428 89,243 117,745 146,086 155,749 125,410
Ashland Chamber of Commerce 162,400 216,400 230,000 232,800 262,140 240,432 245,241 247,645 255,070 262,722
Oregon Shakespeare Festival 76,000 100,700 107,335 108,640 122,332 110,000 112,200 113,300 116,700 120,201
Subtotal 238,400 317,100 337,335 341,440 384,472 350,432 357,441 360,945 371,770 382,923
Total $ 271,000 $ 366,600 $ 383,335 $ 388,000 $ 436,900 $ 439,675 $ 475,186 $ 507,031 $ 527,519 $ 508,333
. No lonoer in business, not funded
G:lfinance\BUDGEnEcon Cullural Dev GrantslGrant HistoryIE C Development Grant History
6/17/2008 10:36 AM
Page 1 011
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 4.24.020 OF THE ASHLAND MUNICIPAL
CODE INCREASING THE TRANSIENT OCCUPANCY TAX
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold . and additions are bold underlined.
WHEREAS, ORS 320.350(6) authorizes local governments to increase transient occupancy
taxes provided certain limitations and restrictions are imposed on the funds collected; and
WHEREAS, the City of Ashland conducted two public forums, several public meetings and
a public hearing, the later being on June 3, 2008 on the question of whether the City's
seven percent (7%) transient occupancy tax should be increased, by what percentage and
for what purpose; and
WHEREAS, after due consideration of input from the public, staff and due deliberation, the
City of Ashland finds it necessary and desirable to increase the City's transient occupancy
tax by two percent (2%) to promote tourism, tourism-related facilities, economic
development and other appropriate purposes consistent with the limitations in state law for
use of such funds; and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1:. AMENDMENT. AMC 4.24;020 is amended to read as follows:
4.24.020 Tax Imposed.
For the privilege of occupancy in any hotel, each transient is subject to and shall pay
a tax in the amount of seven (7%) nine (9%) percent of the rent charged by the
operator. Said tax constitutes a debt owed by the transient to the City which is
extinguished only by payment to the operator of the hotel at the time the rent is paid.
The operator shall collect and record the tax into the record when rent is collected, if
the operator keeps records on the cash basis of accounting, and when earned if the
operator keeps records on the accrual accounting bases. If the rent is paid in
installments, a proportionate share of the tax shall be paid with each installment.
The unpaid tax shall be due upon the transient's ceasing to occupy space in the
hotel. If for any reason the tax due is not paid to the operator of the hotel, the Tax
Administrator may require that such tax shall be paid directly to the Tax
Administrator.
SECTION 2. CLASSIFICATION OF THE FEE.
The tax specified in Ashland Municipal Code Section 4.24.020 as set forth in
Section 1 of this ordinance is classified as not subject to the limits of section 11 b of
Article XI of the Oregon Constitution
SECTION 3. SEVERABILITY.:.
Ordinance No.
Transient Occupancy Tax Amendment
Page 1 of 2
The sections, subsections, paragraphs and clauses of this ordinance are severable.
The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 4. SAVINGS CLAUSE.
Notwithstanding this amendment, the City ordinances in existence at the time any
legal action for collection, enforcement or other purpose authorized or referenced in
Chapter 4.24 [Transient Occupancy Tax] of the Ashland Municipal Code that was
legally commenced, shall remain valid and in full force and effect for purposes of all
cases and actions filed or commenced during the times said ordinance(s) or
portions thereof were operative.
SECTION 5. DELAYED EFFECTIVE DATE.
In accordance with Article 10, Section 3 of the Ashland City Charter, the City
Council deems it advisable to specify a delayed effective for this ordinance
increasing the transient occupancy tax to nine percent. Accordingly, Section 1 of
this Ordinance shall take effect on October 1, 2008.
SECTION 6. CODIFICATION.
Provisions of this Ordinance shall be incorporated in the Ashland Municipal Code
and the word "ordinance" may be changed to "code", "article", "section", or another
word, and the sections of this Ordinance may be renumbered, or re-Iettered, and
typographical errors and cross-reference corrections, corrected by the City
Recorder, provided however that Sections 2 thru 6, unincorporated Whereas
clauses and boilerplate provisions need not be codified.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the _ day of , 2008,
and duly PASSED and ADOPTED this day of ,2008.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2008.
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Ordinance No.
Transient Occupancy Tax Amendment
Page 2 of 2
"n" I
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Resolution Changing the Duties and Responsibilities of the Municipal Audit
Committee and Repealing Resolution 2003-07
June 17, 2008 Primary Staff Contact: Lee Tuneberg
Administrative Services E-Mail: tuneber1@ashland.or.us
None Secondary Contact: None
Martha Benn Estimated Time: 15 minutes
Question:
Should Council make changes in the duties and responsibilities of the Municipal Audit Committee?
Staff Recommendation:
Staff recommends Council approve the attached resolution.
Background:
In 2003 Council approved changes to the Committee's compensation and voting responsibilities.
Since then changes in audit standards and internal operations have warranted an update to the
resolution, changing what positions can vote on issues and clarifying City Council's expectations for
the committee.
This issue was discussed at a Council Study Session on May 19th and the attached resolution is in
keeping with that discussion.
Related City Policies:
Financial Management Policies
Council Options:
a. Choose to keep the Audit Committee in place as defined by Resolution 2003-07.
b. Modify Audit Committee responsibilities and/or voting authority.
Potential Motions:
I make a motion to change the duties and responsibilities of the Audit committee per the attached
resolution (as amended through discussion if necessary).
Attachments:
Draft resolution
Resolution 2003-07
Council Communication dated May 19, 2008
Page 1 of 1
061708 Audit Committee Responsibilities.CCdoc
~..
..11
RESOLUTION NO.
A RESOLUTION CLARIFYING THE DUTIES AND RESPONSIBILITIES OF THE
MUNICIPAL AUDIT COMMITTEE AND MAKING THE CITY RECORDER AN EX
OFFICIO MEMBER AND REPEALING RESOLUTION NO. 2003-07.
RECITALS:
A. The role and responsibilities of the Municipal Audit Committee were established in
June 1991 pursuant to Resolution 91-16. The committee was re-established in 1995
with modified objectives and responsibilities as set forth in Resolution 95-24, 98-06 and
2003-07. Recent changes in audit requirements and internal operations create a need
to adjust the responsibilities of the committee and its members.
B. The city council desires to reaffirm the expectations and composition of the
committee, making the city recorder a non-voting member and allowing the mayor to
serve as a voting member.
THE CITY OF ASHLAND RESOLVES AS FOllOWS:
SECTION 1. Committee Established. The Municipal Audit Committee is established and
shall consist of five voting members. The committee may request the presence of any
city official at its meetings.
SECTION 2. Terms. Qualifications. Vacancies.
A. Four voting members shall be appointed by the city council and shall
consist of one council member or mayor, one budget committee member,
and two citizens at large. The fifth member shall be the city recorder, a
non-voting member. The terms of the council member or mayor and
budget committee member shall be for one year each expiring on April 30
of each year; and the terms for the citizens at large shall be for three-year
terms, expiring on April 30, or until their respective successors are
appointed and qualified. In such a case as both at large positions are
filled simultaneously the terms shall be staggered for two and three years.
B. In making the appointments, the council shall give preference to persons
with accounting or auditing experience, background or expertise.
C. Any committee member, other than the city recorder, who is absent,
without prior permission from the chair, from two or more meetings in a
one-year period shall be considered no longer active and the position
vacant, and a new person shall be appointed to complete the term.
SECTION 3. Quorum and Rules. Three voting members shall constitute a quorum. The
committee shall establish rules for its meetings and shall meet at least semi-annually
(once prior to the onsite audit and once to receive the annual report) and at such other
times as may be necessary.
SECTION 4. Responsibilities. The committee shall be responsible to:
A. Recommend to the council an independent firm of certified public
accountants, qualified to perform the annual audit of the city.
B. Analyze and report to the council significant findings in the annual audit
report and make recommendations regarding such findings.
C. Make recommendations, if any, to the council regarding the following
financial documents:
1. Annual financial statements,
2. Management letter submitted by the independent auditor,
3. Response to management letter submitted by city staff, and
4. Financial Management Policies.
D. Review component unit information as necessary in relation to the city's
annual financial report and recommendation(s) to be made to council.
E. Perform similar duties for the Ashland Parks and Recreation Commission
as authorized by the Commission.
SECTION 5. Reports. The committee shall submit copies of minutes of its meetings to
the council. Reports or recommendations of the committee shall be considered advisory
in nature and shall not be binding on the mayor or city councilor Parks Commission.
SECTION 6. Repeal. Resolution No. 2003-07 is repealed.
This resolution was duly PASSED and ADOPTED this _ day of
, 2008, and takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2008.
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello
City Attorney
RESOLUTION NO.
A RESOLUTION CLARIFYING THE DUTIES AND RESPONSIBILITIES OF THE
MUNICIPAL AUDIT COMMITTEE AND MAKING THE CITY RECORDER AN EX
OFFICIO MEMBER AND REPEALING RESOLUTION NO. 2003-07.
RECITALS:
A. The role and responsibilities of the Municipal Audit Committee were established in
June 1991 pursuant to Resolution 91-16. The committee was re-established in 1995
with modified objectives and responsibilities as set forth in Resolution 95-24, 98-06 and
2003-07. Recent changes in audit requirements and internal operations create a need
to adjust the responsibilities of the committee and its members.
B. The city council desires to reaffirm the expectations and composition of the
committee, making the city recorder a non-voting member and allowing the mayor to
serve as a voting member.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Committee Established. The Municipal Audit Committee is established and
shall consist of fNe four voting members. The committee may request the presence of
any city official at its meetings.
SECTION 2. Terms. Qualifications, Vacancies.
A. Four voting members shall be appointed by the Mayor with confirmation
by the city council and shall consist of one council member or mayor, one
budget committee member, and two citizens at large. The fifth member
shall be the city recorder, a non-voting member. The terms of the council
member or mayor and budget committee member shall be for one year
each expiring on April 30 of each year; and the terms for the citizens at
large shall be for three-year terms, expiring on April 30, or until their
respective successors are appointed and qualified. In such a case as
both at large positions are filled simultaneously the terms shall be
staggered for two and three years.
B. In making the appointments, the council shall give preference to persons
with accounting or auditing experience, background or expertise.
C. Any committee member, other than the city recorder, who is absent,
without prior permission from the chair, from two or more meetings in a
one-year period shall be considered no longer active and the position
vacant, and a new person shall be appointed to complete the term.
SECTION 3. Quorum and Rules. Three voting members shall constitute a quorum. The
committee shall establish rules for its meetings and shall meet at least semi-annually
(once prior to the onsite audit and once to receive the annual report) and at such other
times as may be necessary.
SECTION 4. Responsibilities. The committee shall be responsible to:
A. Recommend to the council an independent firm of certified public
accountants, qualified to perform the annual audit of the city.
B. Analyze and report to the council significant findings in the annual audit
report and make recommendations regarding such findings.
C. Make recommendations, if any, to the council regarding the following
financial documents:
1. Annual financial statements,
2. Management letter submitted by the independent auditor,
3. Response to management letter submitted by city staff, and
4. Financial Management Policies.
D. Review component unit information as necessary in relation to the city's
annual financial report and recommendation(s) to be made to council.
E. Perform similar duties for the Ashland Parks and Recreation Commission
as authorized by the Commission.
SECTION 5. Reports. The committee shall submit copies of minutes of its meetings to
the council. Reports or recommendations of the committee shall be considered advisory
in nature and shall not be binding on the mayor or city councilor Parks Commission.
SECTION 6. Repeal. Resolution No. 2003-07 is repealed.
This resolution was duly PASSED and ADOPTED this _ day of
, 2008, and takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2008.
Reviewed as to form:
John W. Morrison, Mayor
Richard Appicello
City Attorney
RESOLUTION NO. J.C:Os -07
A RESOLUTION CHANGING THE COMPOSITION OF THE MUNICIPAL AUDIT COMMITTEE BY MAKING
THE CITY RECORDER A VOTING MEMBER, ALLOWING THE MAYOR AS AN AL TERNA TIVE FOR A
COUNCIL MEMBER AND REPEALING RESOLUTION NO. 98-06.
RECITALS:
A. The role and responsibilities of the Municipal Audit Committee were established in June 1991 pursuant to
Resolution 91-16. The committee was re-established in 1995 with modified objectives and responsibilities as set forth
in Resolution 95-24 and 98-06.
B. The city council desires to modify the composition of the committee by making the city recorder a voting
member and allowing the mayor to serve as a voting member.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION I. Committee Established. The Municipal Audit Committee is established and shall consist of five voting
members. The committee may request the presence of any city official at its meetings.
SECTION 2. Terms, Qualifications, Vacancies.
A. Four voting members shall be appointed by the city council and shall consist of one council member or mayor,
one budget committee member, and two citizens at large. The fifth voting member shall be the City Recorder.
The terms of the council member or mayor and budget committee member shall be for one-year each expiring
on April 30 of each year; and the terms for the citizens at large shall be for three-year terms, expiring on April
30, or until their respective successors are appointed and qualified; provided that in the first instance the terms
of the initial citizen- at-large members shall be staggered for two and three years.
B. In making the appointments, the council shall give preference to persons with accounting or auditing
experience, background or expertise.
C. Any committee member, other than the city recorder, who is absent, without prior pennission from the
committee chair, from two or more meetings in a one-year period shall be considered no longer active and the position
vacant, and a new person shall be appointed to complete the term.
SECTION 3. Quorum and Rules. Three voting members shall constitute a quorum. The committee shall establish rules
for its meetings and shall meet at least semi- annually and at such other times as may be necessary.
SECTION 4. Responsibilities. The committee shall be responsible to:
A. Recommend to the council an independent firm of certified public accountants to perform the annual audit of
the city.
B. Analyze and report to the council significant findings in the annual audit report and make recommendations
regarding such findings.
C. Make recommendations, if any, to the council regarding the following financial documents:
I. Annual financial statements,
2. Management letter submitted by the independent auditor, and
3. Response to management letter submitted by city staff.
SECTION 5. Reports. The committee shall submit copies of minutes of its meetings to the council. Reports or
recommendations of the committee shall be considered advisory in nature and shall not be binding on the mayor or city
council.
SECTION 6. Reveal. Resolution No. 98-06 is repealed.
This resolution was read ~itle only in accorda~ with ~Iand Municipal Code 9 2.04.090 duly PASSED and
~DOP Dthis ~__~daYOf.----1UC ,2003.
~~~
arbara Christensen, City Recorder
SIGNED and APPROVED this 5' day of 1rltl(~ ,2003.
~~
Paul Nolte, City Attorney
~AV./~'
Alan DeBoer, Mayor
CITY OF
ASHLAND
Council Communication
Study Session - Discussion of Internal Issues Raised by the Audit Report
Meeting Date: May 19, 2008 Primary Staff Contact: Lee Tuneberg
Department: Administrative Services E-Mail: tuneber1@ashland.or.us
Secondary Dept.: None Secondary Contact: None
Approval: Martha Bennett Estimated Time: 45 minutes
Question:
Should Council make changes in the use of the Municipal Audit Committee, Financial Management
Policies and/or internal controls consistent with the auditor comments and staff recommendations?
Staff Recommendation:
Staff recommends Council consider the information presented and:
1. Take steps to affirm or revise Resolution 2003-07, and
2. Identify the City representative that will routinely communicate with the auditor regarding
scope and timing of work as well as negotiate and sign off on representations for the City.
3. Schedule an additional study session to discuss the Financial Management Policies and
progress on internal controls.
4. Request that the Ashland Parks and Recreation Commission decide similar issues for their
district.
Background:
Staff submitted the financial report, Audit Committee recommendation and supporting information to
Council on November 20,2007. The packet is attached omitting another copy of the comprehensive
annual financial report (CAFR). The CAFR is available online.
As staff explained last November, even though the FY 2006-2007 audit went well, there are important
issues to be resolved by the City and the Parks Commission for subsequent reviews to be as successful.
Staff has worked on operational issues and Council action is needed to resolve the higher level, policy
questions.
The important audit concepts in this and future reviews are:
A. Communicating Internal Audit Control Related Matters Identified in an Audit - Statement of
Auditing Standards No. 112 (SAS 112)
B. The Auditor's Communication with Those Charged with Governance - Statement of Auditing
Standards No. 114 (SAS 114)
C. The Risk Assessment Suite - Statements of Auditing Standards No. 104 - 111 (SAS 104-111)
To meet all of these new requirements, the City Council and P&R Commission must clarify the
governing board's expectations for the audit, management's role and desired communication
protocol for the auditor.
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Last year's management letters from the auditor to the City and Parks explained the first standard (SAS
112) is an existing requirement and the second (SAS 114) and third (SAS 104-111) standards will be
applicable in future years. Discussion between the auditor, committee and staff revealed that these
"new" standards are partly due to changes in accounting and auditing standards initiated by legislation
such as the Sarbanes-Oxley laws which respond to accounting cases like the Enron scandals. These
changes tighten the rules which should result in better accounting practices safeguarding municipal
assets. One result of these new standards is the potential for more comments from the auditor in the
annual review and need for more work by accounting staff to avoid or to "clear" comments made by
the auditor. All departments of the two agencies will be impacted by these requirements, especially
Administrative Services/Finance and the City Recorder's office.
A. Communicating Internal Control Related Matters Identified in an Audit:
This occurs when a required internal control is insufficient enough to cause the auditor to communicate
the deficiency to someone in authority. Secondary is how and to whom the auditor communicates.
Auditors have reviewed internal controls for many years and reported upon them in the management
letter. For example, the previous management letter from the auditor to the City (FY 2005-2006's
audit) included two new comments and three that were unresolved from the prior year. A copy of
stafr s responses to this report and the current report are attached and online.
Please note: No reportable conditions existedfor the Parks Commission for FY 2005-2006. Anythingfrom the
prior years had been cleared by the Parks and City's accounting staff.
In prior years the auditors examined items they felt necessary to render an opinion and reported as
appropriate. SAS 112 requires reviewing specific items including written procedures and policies,
verifying conformance. SAS 112 also prohibits the auditor from using the past practice ofretying on
observed controls, even if the observation confirmed enhanced internal controls beyond what was or
wasn't written.
Action being taken: Administrative Services, City Recorder and Information Technology staff are
writing and updating internal controls in all identified areas to better satisfy this audit comment.
However, it is likely that this comment will not be fully cleared for FY 2007-2008. New comments,
and those not cleared from prior years, will be reported to the City via the Management Letter from the
auditor.
B. The Auditor's Communication with Those Charged with Governance:
Today there is no clear direction for the auditor to follow regarding (a) when to communicate with
Mayor and Council and the City Administrator and (b) what authority the Committee has, if any, over
the Parks & Recreation audit and financial report. The structure of the Audit Committee also raises
questions for the City itself.
The City of Ashland has been progressive by using an Audit Committee since 1991. Few other
Oregon communities do this. The charge to the committee per Resolution 2003-07 is to:
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CITY OF
ASHLAND
. Recommend to Council an independent firm of certified public accountants to perform the
annual audit of the city.
. Analyze and report to the Council significant findings in the annual audit report and make
recommendations regarding such findings.
. Make recommendation, if any, to the council regarding the following financial documents:
annual financial statements, management letter submitted by the independent auditor, and
response to management letter submitted by city staff.
The heightened requirements of SAS 112 require Council to review what authority is delegated to the
committee in dealing with internal control problem resolution.
SAS 114 guides the auditor on matters to be communicated openly and candidly to those charged with
governance. Conversely, SAS 114 requires that the City spell out to whom the auditor must
communicate (regardless of any particular issue). In his comments, the auditor wrote that SAS 114
goes beyond SAS 61 - Communicating with Audit Committees in that it:
. Describes the principal purposes of communication with those charged with governance and
stresses the importance of effective two-way communication.
. Requires the auditor to determine the appropriate person(s) in the entity's governance structure
with whom to communicate particular matters. That person may vary depending on the nature
of the matter to be communicated.
. Recognizes the diversity in governance structures among entities (including the existence of
audit committees or other subgroups charged with governance) and encourages the use of
professional judgment in deciding with whom to communicate particular matters.
. Recognizes the unique considerations for communicating with those charged with governance
when all of those charged with governance are involved in managing the entity, which may be
the case with some small entities.
. Adds requirements to communicate:
. An overview of the planned scope and timing of the audit.
. Representations the auditor is requesting from management.
. Provides additional guidance on the communication process, including the forms and timing
of communication. Significant findings from the audit should be in writing when, in the
auditor's profession judgment; oral communication would not be adequate. Other
communications may be oral or in writing,
. Requires the auditor to evaluate the adequacy of the two-way communication between the
auditor and those charged with governance.
. Establishes a requirement to document required communications with those charged with
governance.
Resolution 2003-07 changed voting authority on the Committee to permit all five members (Mayor or
Council member, City Recorder, appointed member from the budget committee and two citizens at
large) to vote while keeping reports and recommendations from the committee as advisory in nature.
This change, plus the duties identified for the City Recorder in the Charter, plus the introduction of
more cash handling as part of passport services and the new standards, prompted the auditor to include
the following in the latest management report:
In order to be in compliance with these new auditing standards the auditors and the City Council needs
to evaluate the audit oversight committee for any issues that may come up. The City has a unique
Page 3 of 5
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ASHLAND
situation in that the City Recorder is an elected official, a voting member of the audit committee as well
as part of accounting process at the City. We recommend that the Council discuss this issue and re-
affirm their position on whether or not the City Recorder be a voting member on the audit committee.
We believe that as long as the City Council understands the unique nature of the City Recorder's
position that whatever decision is made will be acceptable.
City Recorder participation on the Committee is not in question. The above indicates that Council
could reaffirm the existing Resolution 2003-07, not making any changes, and the auditor would use his
best judgment for when to bypass the committee because of its structure and the nature of the issue.
Because of the "unique" condition identified by the auditor, staff believes Council should review this
issue. As a member of the Committee the City Recorder participates in the discussion of the audit,
accounting standards, internal controls and the management letter and votes on acceptance and
recommendations to Council. Issues may include cash and investment management, internal controls,
records management, budget and financial reporting compliance. Most of these relate to the duties of
the City Recorder office in that the City Recorder is also the City's treasurer, manages cash and
investments, oversees banking services, is the primary check signer and provides services that require
receipting cash. Internal controls compliance will be challenging with that many levels of
participation. Voting on audit issues may create a conflict.
Action needed: Council should review this information and decide:
1. What changes, if any, Council wants for the Audit Committee, and
2. What direction is to be given to the auditor for communicating with Mayor and Council, the
Audit Committee and the City Administrator. The primary contact outside of the scope
identified in Resolution 2003-07 could be the City Administrator.
Finally, as part of Communications is the role the City's Audit Committee plays with the Ashland
Parks and Recreation Commission (APRC). Interaction between the Committee, the district and the
City has varied over years. APRC is a component unit of the City thus the Parks annual financial
report is a part of the City's. APRC's compliance with required accounting standards can affect the
City's conformance to generally accepted accounting principles (GAAP).
However, there is no clear direction in writing from either agency as to the authority delegated to the
audit committee, expectations relating to scope of the audit or required communication after the review
with the Commission, Council or Parks Director. The Board of Commissioners, as the body
responsible for governance of the district, will need to address these issues to provide the auditor with
clear direction.
Action needed: None by Mayor and Council beyond recommending resolution of this issue to APRC.
Until resolved the default will be to communicate with the chief executive of the elected board.
C. The Risk Assessment Suite - Statements of Auditing Standards:
Risk assessment incorporates eight statements that direct the auditor in performing the audit and
attesting to the "fairness" of the financial reports. In some cases it requires the auditor to evaluate the
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CITY OF
ASHLAND
susceptibility of the financial report down to the line item or balance sheet account in order to render
an OpInIOn.
The suite will playa bigger role as part of the audit beginning with this next year and, in conjunction
with the other requirements, result in more costly annual audits for compliance.
The result of this level of evaluation could then fall into the process of communication addressed
above.
Action needed: None at this time. Needed action may be identified in the coming audit or as part of
staffs review of internal controls.
Related City Policies:
Financial Management Policies
Council Options:
a. Choose to keep the Audit Committee in place as defined by Resolution 2003-07.
b. Modify Audit Committee responsibilities and/or voting authority in Resolution 2003-07.
c. Determine whether the Mayor, the City Administrator, the Finance Director or someone else
will be the primary contact and sign representation letters with the auditor.
d. Direct staff to schedule a study session to discuss the existence and delegated authority to the
Audit Committee.
e. Direct staff to bring back a proposed resolution to correct for the audit comments.
Potential Motions:
This is a study session so no formal action can be taken but staff would like consensus on how to
proceed.
Attachments:
FY 2006-2007 Staff Responses to Management Letter
FY 2006-2007 Management Letter
FY 2005-2006 Staff Responses Management Letter
October 29, 2007 Audit Committee report to City Council
Resolution 2003-07 regarding Ashland's Municipal Audit Committee
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ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Second Reading: Arterial Setback Ordinance
June 17, 2008 Primary Staff Contact: Richard Appicello
City Attorney's Office E-Mail: Appicelr@ashland.or.us
Community Devel ment Secondary Contact: Maria Harris
Martha Benne Estimated Time: 5 minutes / Ordinance
Question:
Should the City Council conduct and approve Second Reading of the following ordinance, and approve
adoption of the ordinance?
AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE, LAND USE
ORDINANCE CONCERNING SPECIAL [ARTERIAL] SETBACKS AND ASSOCIATED
STREET STANDARDS ADOPTED IN ORDINANCE 2836
Staff Recommendation:
Staff recommends Council approval of Second Reading by title only, reading of changes from first
reading in full and adoption of the Ordinance.
Background:
Attached please find a revised ordinance reflecting changes recommended by legal and planning staff.
Related City Policies:
City Charter Article 10, Section 3. Site Design and Use Standards.
Transportation Element of the Comprehensive Plan
Council Options:
(1) Conduct Second Reading with changes recommended by staff read in full.
(2) Conduct Second Reading with changes from June 3, 2008 Council Communication.
(3) Do not conduct second reading.
Potential Motions:
Staff Recommendation
Staff: [Conduct Second Reading by Title onlyJ Staff reads the following new language in full:
In Section 2, [Page 2J revise the date as follows:
K. Street Standards. All standards under 18.88.050 and all All standards in the
City of Ashland Street Standards Handbook as adopted in Ordinance 2836 and as
amended bv Ordinance JRue3, 2008 rju.D.e17.. 20.081 are specifically
incorporated herein and made a part hereof bv this reference. and standards
under 18.88.050.
Page 1
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ASHLAND
In SECTION 3, [Page 3J revise sidewalk width for Neighborhood Collector, Commercial in Table 1:
City of Ashland Street Design Standards
Parallel Parking One Side
Parallel Parking Both Sides
Diagonal Parking One Side
Diagonal Parking Both Sides
68'-10,2
is'-10,2
68'-10,2
6~'-10' 2
In SECTION 3, [Page 3J add new sentences to the end Note 1 to Table 1: City of Ashland Street
Design Standards
1 7'- 8' landscape parkrow shall be installed in residential areas, a 5' hardscape parkrow with
tree wells shall be used installed in commercial areas.
In SECTION 3, [Page 4} add a new Note 4 to Table 1: City of Ashland Street Design Standards"
In SECTION 4, {Page 4J add new sentences to the end of the first paragraph under Street Design
Standards:
Street Design Standards
applicant.
In SECTION 4, [Page 10J delete the inadvertently added language for Commercial Neighborhood
Collector Parkrow:
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ASHLAND
Commercial Neighborhood Collector
Parkrow:
7' 8' 00 both sides. Hardseape parkrow_with street trees plaoted in
wells shall be used in eommereial areas.
In SECTION 4, [Page IO} revise the sidewalk standard asfollows:
Commercial Neighborhood Collector
Sidewalks: 6'.1OItOn both sides
8\-blO'onhoth sides
In SECTION 5, E.6 [Page I5} delete the highlighted sentence concerning structural soils:
Trees shall not be planted within 2 feet of any permanent hard surface paving or walkway.
Sidewalk cuts in concrete for trees, or tree wells, shall be at least l-() 25 square feet; however,
larger cuts are encouraged because they allow additional air and water into the root system and
add to the health of the tree. Spaee between the tree and sueh hard surraee be eovered by
permeable non permanent hard surfaees sueh as grates, brieks on sand, or payer bloeks.
Tree wells shall be covered bv tree l!rates in accordance with city specifications. --A
~!!!~!.!F~!S9i1uHxsltall~~.t~~!Ml~..~...1~the...area>.~!F.~~u~~i~~ t~e tree ..welluBder the
sidewalkandhard.seap.eearkraw in aeeardanee wit.Jt em' speeifieatioBs.
Potential Motions:
Move to approve second reading and adoption of an ordinance amending the Ashland Municipal Code,
Land Use Ordinance Concerning Special [Arterial] Setbacks and Associated Street Standards adopted
in Ordinance 2836, with changes read in full.
Attachments:
Proposed Ordinance
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ORDINANCE NO.
AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE,
LAND USE ORDINANCE CONCERNING SPECIAL [ARTERIAL] SETBACKS AND
ASSOCIATED STREET STANDARDS ADOPTED IN ORDINANCE 2836
Annotated to show doletions and additions to the code sections being modified.
Deletions are bold lined through and additions are in bold underline.
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, Section 18.68.050 of the City of Ashland Municipal Code currently
provides for a special 20 foot setback on Arterial Streets; and
WHEREAS, Planning staff sent notice to the DLCD in accordance with ORS 197.610
on February 22, 2008; and
WHEREAS, the Planning Commission considered the proposed amendment at a duly
advertised hearing on April 8, 2008 and recommended approval of the ordinance; and
WHEREAS, the City Council considered the proposed amendment at a duly advertised
hearing on May 20, 2008 and following review of the staff report, and after considering
public input and the evidence in the record as a whole, the Council conducted first
reading of the Ordinance and moved the Ordinance to Second Reading; and
WHEREAS, on June 3,2008 the City Council conducted Second Reading of the
Ordinance and approved adoption of the Ordinance; and
WHEREAS, the City Council of the City of Ashland has determined that in order to
protect and benefit the health, safety and welfare of existing and future residents of the
City, it is necessary to modify this setback as regards certain arterial streets; namely
Lithia Way, and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
Arterial Setback Ordinance: June 17, 2008 Second Reading
Page 1 of 15
SECTION 1. Section 18.68.050 of the Ashland Municipal Code is amended to read as
follows:
18.68.050Arterial Street Special Setback Requirements.
To permit or afford better light, air and vision on more heavily traveled streets and on
streets of substandard width, to protect arterial streets, and to permit the eventual
widening of hereinafter named streets, every yard abutting a street, or portion
thereof, shall be measured from the special base line setbacks listed below instead
of the lot line separating the lot from the street.
Street
East Main Street, between City
limits and Lithia Way
Ashland Street (Highway 66) between
City limits and Siskiyou Boulevard
Setback
35 feet
65 feet
Also, front yards for properties abutting all arterial streets shall be no less than
twenty (20) feet, with the exception of the C-1-D district and properties abutting
Lithia Way in the C-1 district.
SECTION 2. Section 18.88.020. K [Definitions - Street Standards] of the Ashland
Municipal Code is amended to read as follows:
K. Street Standards. All standards under 18.88.050 and all AU standards in
the City of Ashland Street Standards Handbook as ado ted in Ordinance
2836 and as amended b Ordinance are
specificallv incorporated herein and made a part hereof bv this reference.
and standards under 18.88.050.
SECTION 3 Th A hi d St t St d d H db k T bl 1 20
e s an ree an ar s an 00 , a e on page , as I +- ~'-8' 1 I
adopted by Ordinance 2836 is hereby amended to read as follows:
Table 1: City of Ashland Street Design Standardsl
WITHIN CURB- TO-CURB AREA
TYPE OF STREET ADT RO.W. CURB. TO- MOTOR MEDIAN BIKE PARK- CURB PARK- It
WIDTH CURB VEHICLE AND/OR LANES ING ROW "ALKS
PA VEMENT TRA VEL CENTER
WIDTH LANES TURN
LANE on on on on
both both both both
sides sides sides I sides
! 6'.10'2
2.Lane Boulevard 8,000 to 61'.87' 34' 11' none 2at 6' in B' 6. 1~'.8"
each bays
3.Lane Boulevard 30,000 73'-99' 46' 11' 12' 2 at 6' in 8' 6" 15'_8" 6'.10'2
each bays
5-Lane Boulevard ADT 95'-121' 68' 11' 12' 2at6' in 8' 6" 1~'-8" 6'_10,2
each bays
2.Lane Avenue 3,000 to 59'.86' 32'-33' 10'-10.5' none 2at6' in 8' 6" 1~'-8" 6'_10,2
Arterial Setback Ordinance: June 17, 2008 Second Reading
Page 2 of 15
each bays
10,000
3-Lane Avenue ADT 70.5'- 43.5'-44.5' 10'-10.5' 11.5' 2at6' in 8' 6" 7~'_8" 6'_10,2
97.5' each bays
Neighborhood Collector,
Residential 1,500 to NA NA'
No Parking 5,000 49'-51' 22' 11' none 6" 8' 5'.6'
Parking One Side ADT 50'-56' 25'-27' 9'-10' one 7' 6" 7'-8' 5'-6'
lane
Parking Both Sides 57'-63' 32'.34' 9'-10' two 7' 6" 7'-8' 5'-6'
lanes I
Neighborhood Collector, .-10"
Commercial /'
Parallel Parking One Side 55'.65' 28' 10' one 8' 6" 7~ '-8" ._10'2
lane
Parallel Parking Both Sides 63'-73' 36' 10' two 8' 6" 7~'_8" ._10'2
lanes
Diagonal Parking One Side 65'-74' 37' 10' one 6" 7~'_8" ._10'2
17'
lane
Diagonal Parking Both Sides 81'-91' 54' 10' two 6" 7~ '-8" 11'_10'2
17'
lanes
Neighborhood Street,
Residential less NA NA'
than
Parking One Side 1,500 47'-51' 22' 15' one 7' 6" 7'-8' 5'-6'
Queuing lane
Parking Both Sides ADT 11'-14'
50'-57' 25'-28' Queuing two 7' 6" 7'-8' 5'.6'
lanes
Alley NA 16' 12' paved NA NA NA none none none none
width,2'
strips on
both sides
Multi-Use Path NA .., -., N" NA NA none none none none
~ width,2'.4' -- -----
strips on
both sides .........
( ~
1 hard scape parkrow with tree wells shall be used in commercial areas
26, sidewalk shall be installed in residential areas, 8'-10' sidewalk shall be installed in commercial areas
, bike lanes are generally not needed on low volume (less than 3.000 ADT) and/or low travel speed (Less than 25mph) street
;--- ~
1 7'- 8' landscape parkrow shall be installed in residential areas. I 5' hardscape
parkrow with tree wells shall be -used installed in commercial areas:.
2 6' sidewalk shall be installed in residential areas, 8'_10' sidewalk shall be installed in
commercial areas. A 10' sidewalk shall be required on Boulevards (arterial) streets
in the Downtown Desirm Standards Zone.
3 bike lanes are generally not needed on low volume (less than 3,000 ADT) and/or low
travel speed (Less than 25mph) streets
Arterial Setback Ordinance: June 17, 2008 Second Reading
Page 3 of 15
SECTION 4. The Ashland Street Standards Handbook, Street Design Standards,
(pages 21 to 30), as adopted by Ordinance 2836, are hereby amended to read as
follows:
Street Design Standards
A description of street design standards for each street classification follows. For an
abbreviated presentation of the street right-of-way standards, see Table 1. All elements
listed are re uired unless specificall noted. '
Approval Standards: New and reconstructed streets shall conform to the following
design standards.
Boulevard
Boulevards are major thoroughfares filled with both human and vehicular activity.
Design should provide an environment where walking, bicycling, using transit and
driving are equally convenient and should facilitate the boulevard's use as a public
space. Design should start with the assumption that the busy nature of a boulevard is a
positive factor and incorporate it to enhance the street scape and setting. A 2-lane, 3-
lane, or 5-lane configuration can be used depending on the number of trips generated
by surrounding existing and future land uses.
Street Function: Provide access to major urban activity centers and provide
connections to regional traffic ways such as Interstate 5.
Traffic without a destination in Ashland should be encouraged
to use regional traffic ways and discouraged from using
boulevards.
Connectivity: Connects neighborhoods to urban activity centers and to regional
traffic ways such as Interstate 5.
Arterial Setback Ordinance: June 17, 2008 Second Reading
Page 4 of 15
Average Daily
Traffic: 8,000 - 30,000 motor vehicle trips per day
Managed Speed: 25 mph - 35 mph
Right-ot-Way
Width:
Curb-to-Curb
Width:
Motor Vehicle
Travel Lanes:
Bike Lanes:
Parking:
. 61' - 87' for 2-Lane
. 73' - 99' for 3-Lane
. 95' - 121' for 5-Lane
. 34' for 2-Lane
. 46' for 3-Lane
. 68' for 5-Lane
. Two 11' travel lanes for 2-Lane
. Two 11' travel lanes, one 12' median/center turn lane for
3-Lane
. Four 11' travel lanes, one 12' median/center turn lane for
5-Lane
Two 6' bike lanes, one on each side of the street moving in
the same direction as motor vehicle traffic.
In 8' - 9' bays
Curb and Gutter: Yes 6" vertical/barrier curb
Parkrow:
7' 8' on both sides. Hardscape parkro':: with street
trees planted in wells shall be used in commercial areas.
. 7' - 8' landscape parkrow shall be installed in
residential areas. Street trees shall be planted in the
parkrow in accordance with the Street Tree Standards
in the Site DesiQn and Use Standards.
. 5' hardscape parkrow shall be used in commercial
areas with on-street parkinQ and where the street
corridor has or will have a hardscape parkrow in
place. Landscape parkrows may be appropriate in
some commercial areas without on-street parkinQ, or
where the overall desiQn concept tor the street
corridor includes a landscape parkrow. The minimum
width ot a landscaped parkrow in commercial areas
shall be 7'. Street trees shall be planted in the
Arterial Setback Ordinance: June 17, 2008 Second Reading
Page 5 of 15
Sidewalks:
Avenue
parkrow in accordance with the Street Tree Standards
in the Site DesiQn and Use Standards.
6' on both sidos in residential areas, 8' 10' on both
sides in commercial areas
. 6' on both sides in residential areas.
. 8' - 10' on both sides in commercial areas. A 10'
sidewalk shall be reQuired on Boulevards in the
Downtown DesiQn Standards Zone.
Avenues provide concentrated pedestrian, bicycle, transit and motor vehicle access
from neighborhoods to neighborhood activity centers and boulevards. Avenues are
similar to boulevards, but are designed on a smaller scale. Design should provide an
environment where walking, bicycling, using transit and driving are equally convenient
and should facilitate the avenue's use as a public space. A 2-lane, or 3-lane
configuration can be used depending on the number of trips generated by surrounding
existing and future land uses.
Street Function:
Connectivity:
Average Daily
Traffic:
Provide access from neighborhoods to neighborhood activity
centers and boulevards.
Connects neighborhoods to neighborhood activity centers
and boulevards.
3,000 - 10,000 motor vehicle trips per day
Managed Speed: 20 mph - 25 mph
Right-at-Way
Width:
Curb-to-Curb
Width:
Motor Vehicle
Travel Lanes:
. 59' - 86' for 2-Lane
. 70.5' - 97.5' for 3-Lane
. 32' - 33' for 2-Lane
. 43.5' - 44.5' for 3-Lane
. Two 10' - 10.5' travel lanes for 2-Lane
. Two 10' - 10.5' travel lanes, one 11.5' median/center turn
lane for 3-Lane
Arterial Setback Ordinance: June 17,2008 Second Reading
Page 6 of 15
Bike Lanes:
Two 6' bike lanes, one on each side of the street moving in
the same direction as motor vehicle traffic
Parking:
In 8' - 9' bays
Curb and Gutter: Yes, 6" vertical/barrier curb
Parkrow:
7' 8' on both sides. Hardscape parkro'.... with street
trees planted in wells shall be used in commercial areas.
. 7' - 8' landscape parkrow shall be installed in
residential areas. Street trees shall be planted in the
parkrow in accordance with the Street Tree Standards
in the Site Desian and Use Standards.
. 5' hardscape parkrow shall be used in commercial
areas with on-street parkina and where the street
corridor has or will have a hardscape parkrow in
place. Landscape parkrows may be appropriate in
some commercial areas without on-street parkina. or
where the overall desian concept for the street
corridor includes a landscape parkrow. The minimum
width of a landscaped parkrow in commercial areas
shall be 7'. Street trees shall be planted in the
parkrow in accordance with the Street Tree Standards
in the Site Desian and Use Standards.
Sidewalks:
6' on both sides in residential areas, 8' 10' on both
sides in commercial areas
. 6' on both sides in residential areas.
. 8' - 10' on both sides in commercial areas.
Neighborhood Collector
Neighborhood Collectors provide access to neighborhood cores and gather traffic from
various parts of the neighborhood and distribute it to the major street system. Different
configurations with several on-street parking options are provided for residential and
commercial areas.
Residential Neighborhood Collector
Street Function: Provide access in and out of the neighborhood.
Connectivity: Collects traffic from within residential areas and connects
these areas with the major street network.
Arterial Setback Ordinance: June 17, 2008 Second Reading
Page 7 of 15
Average Daily
Traffic:
Managed Speed:
Right-at-Way
Width:
Curb-to-Curb
Width:
Motor Vehicle
Travel Lanes:
Bike Lanes:
Parking:
1,500 to 5,000 motor vehicle trips per day
15 mph - 20 mph
. 49' - 51' for No On-Street Parking
. 50' - 56' for Parking One Side
. 57' - 63' for Parking Both Sides
. 22' for No On-Street Parking
. 25' - 27' for Parking One Side
. 32' - 34' for Parking Both Sides
. Two 11' travel lanes for No On-Street Parking
. Two 9' - 10' travel lanes' for Parking One Side and Parking
Both Sides
Generally not needed on low volume/low travel speed
streets. If motor vehicle trips per day exceed 3,000, and/or
actual motor vehicle travel speeds exceed 25 mph, a bike
lane shall be required.
. One 7' lane for Parking One Side
. Two 7' lanes for Parking Both Sides
Parking may be provided in 7' bays rather than a continuous
on-street parking lane.
Curb and Gutter: Yes, 6" vertical/barrier curb
Parkrow:
Sidewalks:
. 8' parkrow on both sides for No On-Street Parking
. 7' - 8' parkrows on both sides for Parking One and Both
Sides
5' - 6' on both sides, use 6' in high pedestrian volume areas
with frequent 2-way foot traffic
Commercial Neighborhood Collector
Arterial Setback Ordinance: June 17, 2008 Second Reading
Page 8 of 15
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Street Function:
Con nectivity:
Average Daily
Traffic:
Managed Speed:
Right-ot-Way
Width:
Curb-to-Curb
Width:
Motor Vehicle
Travel Lanes:
Bike Lanes:
Parking:
Provide access in and out of neighborhoods and to
neighborhood core with shopping and services.
Collects traffic from within residential areas. Provides
neighborhood shopping opportunities and connects these
areas with the major street network.
1,500 to 5,000 motor vehicle trips per day
15 mph - 20 mph
. 55' - 65' for Parallel Parking One Side
. 63' - 73' for Parallel Parking Both Sides
. 65' - 74' for Diagonal Parking One Side
. 81' - 91' for Diagonal Parking Both Sides
. 28' for Parallel Parking One Side
. 36' for Parallel Parking Both Sides
. 37' for Diagonal Parking One Side
. 54' for Diagonal Parking Both Sides
Two 10' travel lanes
Generally not needed on low volume/low travel speed
streets. If motor vehicle trips per day exceed 3,000, and/or
actual motor vehicle travel speeds exceed 25 mph, a bike
lane may be needed.
. One 8' lane for Parallel Parking One Side
. Two 8' lanes for Parallel Parking Both Sides
. One 17' lanes for Diagonal Parking One Side
. Two 17' lanes for Diagonal Parking Both Sides
Parking may be provided in 7' bays rather than a continuous
on-street parking lane.
Curb and Gutter: Yes, 6" vertical/barrier curb
Parkrow:
7' 8' on both sidos. Hardscapo parkrow with stroot
troos plantod in wolls shall bo usod in commorcial aroas.
Arterial Setback Ordinance: June 17, 2008 Second Reading
Page 9 of 15
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Sidewalks:
Neighborhood Street
5' hardscape parkrow shall be used in commercial
areas with on-street parkina and where the street
corridor has or will have a hardscape parkrow in place.
Landscape parkrows may be appropriate in some
commercial areas without on-street parkina. or where
the overall desian concept tor the street corridor
includes a landscape parkrow. The minimum width ot a
landscaped parkrow in commercial areas shall be 7'.
Street trees shall be planted in the parkrow in
accordance with the Street Tree Standards in the Site
Desian and Use Standards.
Neighborhood Streets provide access to individual residential units and neighborhood
commercial areas. Different configurations with several on-street parking options are
provided for residential and commercial areas.
Neighborhood Street:
Street Function:
Connectivity:
Average Daily
Traffic:
Managed Speed:
Right-ot-Way
Width:
Curb-to-Curb
Width:
For use in the following single-family residential zones - WR
(Woodland Residential), RR - 1 and RR - .5 (Low Density
Residential, and R-1-3.5, R-1-5, R-1-7.5 and R-1-10 (Single-
Family Residential) unless specifically noted.
Provide access to individual residential units and commercial
areas.
Connects to higher order streets.
1,500 or less motor vehicle trips per day
10 mph - 20 mph
. 47' - 51' for Parking One Side
. 50' - 57' for Parking Both Sides
. 22' for Parking One Side
. 25' - 28' for Parking Both Sides
Arterial Setback Ordinance: June 17, 2008 Second Reading
Page 10 of 15
Motor Vehicle
Travel Lanes:
. One 15' queuing lane for Parking One Side
. One 11' queuing lane for Parking Both Sides in the R-1
zone, One 14' queuing lane for Parking Both Sides in
higher density residential areas (Le. R-1-3.5, R-2 and R-
3)
On local residential streets with adequate off-street parking,
a single 14' wide traffic lane may be permitted for both
directions of vehicle traffic. The single traffic lane is intended
to create a "queuing street" such that when opposing
vehicles meet, one of the vehicles must yield by pulling into
a vacant portion of the adjacent parking lane. This queuing
effect has been found to be an effective and safe method to
reduce speeds and non-local traffic.
Parking:
Generally not needed on low volume/low travel speed
streets.
. One 7' lane for Parking One Side
. Two 7' lanes for Parking Both Sides
Bike Lanes:
Parking may be provided in 7' bays rather than a continuous
on-street parking lane.
Curb and Gutter: Yes, 6" vertical/barrier curb
Parkrow:
. 8' parkrow in residential areas on both sides for No On-
Street Parking. Street trees shall be planted in the
parkrow in accordance with the Street Tree Standards
in the Site Desiqn and Use Standards.
. 7' - 8' parkrows in residential areas on both sides for
Parking One and Both Sides. Street trees shall be
plated in the parkrow in accordance with the Street
Tree Standards in the Site Desiqn and Use Standards.
. 5' hardscape parkrow shall be used in commercial
areas with on-street parkinq and where the street
corridor has or will have a hardscape parkrow in
place. Landscape parkrows may be appropriate in
some commercial areas without on-street parkinq, or
where the overall desiqn concept for the street
corridor includes a landscape parkrow. The minimum
width of a landscaped parkrow in commercial areas
shall be 7'. Street trees shall be planted in the
parkrow in accordance with the Street Tree Standards
in the Site Desiqn and Use Standards.
Arterial Setback Ordinance: June 17, 2008 Second Reading
Page 11 of 15
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Sidewalks:
Alley
5' - 6' on both sides, use 6' in high pedestrian volume areas
with frequent 2-way foot traffic
The alley is a semi-public neighborhood space that provides access via the rear of the property.
The use of alleys eliminates the need for front yard driveways and provides the opportunity for a
more positive front yard street scape, allows the street located adjacent to the front of properties
to be designed using a narrow width with limited on-street parking, and creates the opportunity
for the use of narrower lots to increase residential densities. Alleys are appropriate in all
residential areas and in some commercial areas for business frontage. Alleys provide access and
delivery depending on the circulation pattern of the area.
Street Function:
Con nectivity:
Average Daily
Traffic:
Managed Speed:
Right-at-Way
Width:
Pavement
Width:
Motor Vehicle
Travel Lanes:
Bike Lanes:
Parking:
Curb and Gutter:
Parkrow:
Sidewalks:
Provide rear yard access and delivery to individual residential and
commercial properties, and an alternative utility placement area.
Connects to all types of streets.
Not applicable
Not applicable, motor vehicle travel speeds should be below 10
mph
16'
12' with 2' graveled or planted strips on side
Not applicable
Not applicable, bicyclists can easily negotiate these low use areas
No parking within the right-of-way
Not curb, use inverse crown
Not applicable
Not applicable, pedestrians can easily negotiate these low use areas
Multi-use Path
Multi-use paths are off-street facilities used primarily for walking and bicycling. These paths
can be relatively short connections between neighborhoods (neighborhood connections), or
longer paths adjacent to rivers, creeks, railroad tracks and open space.
Arterial Setback Ordinance: June 17, 2008 Second Reading
Page 12 of 15
Function:
For pedestrians and bicyclists, provide short connections between
destinations and longer paths in situations where a similar route is
not provided on the street network.
Con nectivity:
Enhances route options and shorten distances traveled for
pedestrians and bicyclists.
Right-ot-Way
Width:
12' - 18'
Pavement
Width:
6' - 10' with 2' - 4' graveled or planted strips on side
Curb and Gutter:
No curb
SECTION 5. The Ashland Site Design and Use Standards Handbook, Street Tree
Standards, (pages 29 to 30), as adopted by Ordinance , and authorized in
Section 18.72.080, are hereby amended to read as follows:
E. Street Tree Standards
Approval Standard: All development fronting on public or private streets shall be
required to plant street trees in accordance with the following standards and
chosen from the recommended list of street trees.
II-E-1 )
Location tor Street Trees
Street trees shall be located behind the sidewalk except in cases
where there is a designated planting strip in the right-of-way, or the
sidewalk is greater than 8 feet wide. Street trees shall include
irrigation, root barriers, and generally conform to the standards
established by the Department of Community Development.
II-E-2)
Spacing, Placement, and Pruning ot Street Trees
All tree spacing may be made subject to special site conditions
which may, for reasons such as safety, affect the decision. Any
such proposed special condition shall be subject to the Staff
Advisor's review and approval. The placement, spacing, and
pruning of street trees shall be as follow:
1) Street trees shall be placed at the rate of one tree for every
30 feet of street frontage. Trees shall be evenly spaced, with
variations to the spacing permitted for specific site
limitations, such as driveway approaches.
2) Trees shall not be planted closer than 25 feet from the curb
line of intersections of streets or alleys, and not closer than
Arterial Setback Ordinance: June 17, 2008 Second Reading Page 13 of 15
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II-E-3)
II-E-4)
10 feet from private driveways (measured at the back edge
of the sidewalk), fire hydrants, or utility poles.
3) Street trees shall not be planted closer than 20 feet to light
standards. Except for public safety no new light standard
location shall be positioned closer than 10 feet to any
existing street tree, and preferably such locations will be at
least 20 feet distant.
4) Trees shall not be planted closer than 2 % feet from the face
of the curb except at intersections where it shall be 5 feet
from the curb, in a curb return area.
5) Where there are overhead power lines, tree species are to
be chosen that will not interfere with those lines.
6) Trees shall not be planted within 2 feet of any permanent
hard surface paving or walkway. Sidewalk cuts in concrete
for trees, or tree wells. shall be at least W 25 square feet;
however, larger cuts are encouraged because they allow
additional air and water into the root system and add to the
health of the tree. Space bet\.:een the tree and such hard
surface be covered by permeable non permanent hard
surfaces such as grates, bricks on sand, or paver
blocks. Tree wells shall be covered bv tree qrates in
accordance with city specifications.
7) Trees, as they grow, shall be pruned to provide at least 8
feet of clearance above sidewalks and 12 feet above street
roadway surfaces.
8) Existing trees may be used as street trees if there will no
damage from the development which will kill or weaken the
tee. Sidewalks of variable width and elevation may be
utilized to save existing street trees, subject to approval by
the Staff Advisor.
Replacement of Street Trees
Existing street trees removed by development projects shall be
replaced by the developer with those from the approved street tree
list. The replacement trees shall be of size and species similar to
the trees that are approved by the Staff Advisor.
Recommended Street Trees
Street trees shall conform to the street tree list approved by the
Ashland Tree Commission.
Arterial Setback Ordinance: June 17, 2008 Second Reading
Page 14 of 15
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SECTION 6 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 7. Savings Clause. Notwithstanding this amendment/repeal, the City
ordinances in existence at the time any criminal or civil enforcement or other land use
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 8. 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 6-
8) need not be codified.
I
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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 , 2008,
and duly PASSED and ADOPTED this day of ,2008.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2008
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Arterial Setback Ordinance: June 17, 2008 Second Reading
Page 15 of 15
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CITY OF
ASHLAND
Council Communication
Second Reading of an Ordinance Amending Chapter 4.24.020 of the Ashland
Municipal Code Increasing the Transient Occupancy Tax
Meeting Date: June 17,2008 Primary Staff Contact: Lee Tuneberg
Department: Administrative Services E-Mail: tuneber1@ashland.or.us
Secondary Dept.: None Secondary Contact: None
Approval: Martha Berm Estimated Time: 5 minutes
Question:
Should Council approve the Ordinance to increase the Transient occupancy Tax (Hotel/Motel Tax)
effective October 1, 2008?
Staff Recommendation:
Staff recommends approval of the attached Ordinance by its second reading.
Background:
This is the second reading of the Ordinance duly noticed, approved and read by title on June 3, 2008.
Related City Policies:
Financial Management Policies
Council Options:
Council may approve the above tax rates by second reading, may decrease the tax rates or defer action
to gather more information.
Potential Motions:
Council moves to approve second reading of the Ordinance as presented.
Attachments:
An Ordinance Amending Chapter 4.24.020 of the Ashland Municipal Code Increasing the Transient
Occupancy Tax
r~'
or I
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 4.24.020 OF THE ASHLAND MUNICIPAL
CODE INCREASING THE TRANSIENT OCCUPANCY TAX
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold . and additions are bold underlined.
WHEREAS, ORS 320.350(6) authorizes local governments to increase transient occupancy
taxes provided certain limitations and restrictions are imposed on the funds collected; and
WHEREAS, the City of Ashland conducted two public forums, several public meetings and
a public hearing, the later being on June 3, 2008 on the question of whether the City's
seven percent (7%) transient occupancy tax should be increased, by what percentage and
for what purpose; and
WHEREAS, after due consideration of input from the public, staff and due deliberation, the
City of Ashland finds it necessary and desirable to increase the City's transient occupancy
tax by two percent (2%) to promote tourism, tourism-related facilities, economic
development and other appropriate purposes consistent with the limitations in state law for
use of such funds; and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1~ AMENDMENT. AMC 4.24.020 is amended to read as follows:
4.24.020 Tax Imposed.
For the privilege of occupancy in any hotel, each transient is subject to and shall pay
a tax in the amount of 60'/on (7%) nine (9%) percent of the rent charged by the
operator. Said tax constitutes a debt owed by the transient to the City which is
extinguished only by payment to the operator of the hotel at the time the rent is paid.
The operator shall collect and record the tax into the record when rent is collected, if
the operator keeps records on the cash basis of accounting, and when earned if the
operator keeps records on the accrual accounting bases. If the rent is paid in
installments, a proportionate share of the tax shall be paid with each installment.
The unpaid tax shall be due upon the transient's ceasing to occupy space in the
hotel. If for any reason the tax due is not paid to the operator of the hotel, the Tax
Administrator may require that such tax shall be paid directly to the Tax
Administrator.
SECTION 2. CLASSIFICATION OF THE FEE.
The tax specified in Ashland Municipal Code Section 4.24.020 as set forth in
Section 1 of this ordinance is classified as not subject to the limits of section 11 b of
Article XI of the Oregon Constitution
SECTION 3. SEVERABILITY"
Ordinance No.
Transient Occupancy Tax Amendment
Page 1 of 2
T I
The sections, subsections, paragraphs and clauses of this ordinance are severable.
The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 4. SAVINGS CLAUSE.
Notwithstanding this amendment, the City ordinances in existence at the time any
legal action for collection, enforcement or other purpose authorized or referenced in
Chapter 4.24 [Transient Occupancy Tax] of the Ashland Municipal Code that was
legally commenced, shall remain valid and in full force and effect for purposes of all
cases and actions filed or commenced during the times said ordinance(s) or
portions thereof were operative.
SECTION 5. DELAYED EFFECTIVE DATE.
In accordance with Article 10, Section 3 of the Ashland City Charter, the City
Council deems it advisable to specify a delayed effective for this ordinance
increasing the transient occupancy tax to nine percent. Accordingly, Section 1 of
this Ordinance shall take effect on October 1, 2008.
SECTION 6. CODIFICATION.
Provisions of this Ordinance shall be incorporated in the Ashland Municipal Code
and the word "ordinance" may be changed to "code", "article", "section", or another
word, and the sections of this Ordinance may be renumbered, or re-Iettered, and
typographical errors and cross-reference corrections, corrected by the City
Recorder, provided however that Sections 2 thru 6, unincorporated Whereas
clauses and boilerplate provisions need not be codified.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of , 2008,
and duly PASSED and ADOPTED this day of , 2008.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2008.
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Ordinance No.
Transient Occupancy Tax Amendment
Page 2 of 2
'IT" I
CITY OF
ASHLAND
Council Communication
Second Reading of An Ordinance Levying Taxes for the Period of July 1, 2008 to
and including June 30, 2009, such taxes in the sum of $8,616,000 upon all the real
and personal property subject to assessment and levy within the corporate limits of
the City of Ashland, J ackson County, Ore~on
June 17, 2008 Primary Staff Contact: Lee Tuneberg
Administrative S Ices E-Mail: tuneber1@ashland.or.us
None Secondary Contact: None
Martha Benn Estimated Time: 5 minutes
Meeting Date:
Department:
Secondary Dept.:
Approval:
Question:
Should Council approve the Ordinance to Levy the Taxes for the Period of July 1, 2008 to and
including June 30, 2009?
Staff Recommendation:
Staff recommends approval of the attached Ordinance by its second reading.
Background:
This is the second reading of the Ordinance duly noticed, approved and read by title on June 3, 2008.
It is an ordinance that levies the taxes provided for in the adopted budget in the permanent rate of
$4.0797 per thousand an amount estimated to be $7,956,000, voter authorized Local Option in the rate
of $.13 per thousand an amount estimated to be $254,000 as well as $406,000 authorized for the
repayment of General Obligation Debt and that these taxes are hereby levied upon the assessed value
for the fiscal year starting July 1,2008, on all taxable property within the City.
Related City Policies:
Financial Management Policies
Council Options:
Council may approve the above tax rates by second reading, may decrease the tax rates or defer action
to gather more information.
Potential Motions:
Council moves to approve second reading of the Ordinance as presented.
Attachments:
An Ordinance Levying Taxes for the Period of July 1,2008 to and including June 30, 2009, such taxes
in the sum of$8,616,000...
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ORDINANCE NO.
AN ORDINANCE LEVYING TAXES FOR THE PERIOD OF JULY 1, 2008 TO AND INCLUDING
JUNE 30, 2009, SUCH TAXES IN THE SUM OF $8,616,000 UPON ALL THE REAL AND
PERSONAL PROPERTY SUBJECT TO ASSESSMENT AND LEVY WITHIN THE CORPORATE
LIMITS OF THE CITY OF ASHLAND, JACKSON COUNTY, OREGON
THE PEOPLE OF THE CITY OF ASHLAND ORDAIN AS FOLLOWS:
Section 1. That the City Council of the City of Ashland hereby levies the taxes provided for in the adopted budget in the
permanent rate of $4.0797 per thousand an amount estimated to be $7,956,000, voter authorized Local Option in the
rate of $.13 per thousand an amount estimated to be $254,000 as well as $406,000 authorized for the repayment of
General Obligation Debt and that these taxes are hereby levied upon the assessed value for the fiscal year starting July
1, 2008, on all taxable property within the City.
Section 2. That the City Council hereby declares that the taxes so levied are applicable to the following funds:
Subject to General Excluded from General
Government Limitation Government Limitation Rate
Permanent Rate Local Option Bonded Debt Per $ 1,000
General Fund - Operations $ 3,533,000 1.8119
General Fund - Technology Fee 341,000 0.1750
Parks and Recreation Fund 4,082,000 2.0928
Ashland Library Levy 254,000 0.1300
2000 Flood and Fire Station Bonds 177,400
2005 Refinancing 228,600
$ 7 ,956,000 $ 254.000 $ 406,000
The foregoing ordinance was first READ on the _ day of June, 2008 and duly PASSED and
ADOPTED this _ day of June, 2008.
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of June, 2008.
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
or I
C I T Y O.F
ASHLAND
Council Communication
Ordinance amending AMC 2.28 - Administrator Delegation
Meeting Date: June 17, 2008 Primary Staff Contact: Richard Appicello
Department: City Attorney's Office E-Mail: Appicelr@ashland.or.us
Secondary Dept.: City Administrat' Secondary Contact: Martha Bennett
Approval: Martha Benne Estimated Time: 5 minutes
Question:
Should the City Council conduct and approve Second Reading of an ordinance titled, "An Ordinance
amending AMC Chapter 2.28, relating to delegation of duties to the City Administrator for acceptance
of interest in real property and the renewal of intergovernmental agreements" and move approval of the
ordinance?
Staff Recommendation:
Staff recommends Council approval of Second Reading by title only and adoption of the Ordinance.
Background:
The City Council often sees routine matters on the Agenda because there is no formal delegation to the
City Administrator to dispose of such matters. For example, the 5-20-08 Agenda included two
easements for acceptance under ORS 93.808. [The City's acceptance of title to or an interest in real
property must be shown on the legal instrument for recording to occur]. In addition, the Council has
seen a number of routine Intergovernmental Agreements renewals (IGAs) with the State of Oregon
Building Codes Division in recent months. Technically, absent a formal delegation, such matters are to
be approved by the governing body. Because there is no need to clutter the Council's Agenda with
routine matters, the Department head team discussed and recommends formally delegating to the City
Administrator the authority to handle such matters administratively. Matters requiring public hearings
(e.g. acceptance of a conservation easement) are not subject to delegation.
Related City Policies:
City Charter Article 10, Ordinance adoption procedures; ORS 93.808 (acceptance); ORS Chapter 190
(Intergovernmental Agreements)
Council Options:
(1) Move to approve Second Reading and adoption of the Ordinance.
(2) Postpone consideration.
Potential Motions:
Staff: [Conduct Second Reading of Ordinance by Title only}
Council: Motion to approve Second Reading and approve adoption of "An Ordinance amending AMC
Chapter 2.28, relating to delegation of duties to the City Administrator for acceptance of interest in
real property and the renewal of intergovernmental agreements"
Attachments:
Proposed ordinance
Page I
061708 Second Reading Administrator Delegation.CC.doc
r;.,
ORDINANCE NO.
AN ORDINANCE AMENDING AMC CHAPTER 2.28
RELATING TO DELEGATION OF DUTIES TO THE CITY ADMINISTRATOR FOR
ACCEPTANCE OF INTEREST IN REAL PROPERTY AND THE RENEWAL OF
INTERGOVERNMENTAL AGREEMENTS
Annotated to show doletions and additions to the code sections being modified. Deletions are
bold . and additions are bold underlined.
WHEREAS, ORS 93.808 requires that the approval of a governmental unit such as the City
of Ashland be shown on any instrument conveying title or an interest in real property to the
City in order for that instrument to be recorded; and
WHEREAS, the City of Ashland wishes to delegate to the City Administrator the task of
indicating the City's acceptance of routine instruments that convey title or any interest in
real property to the City; and
WHEREAS, conveyances requiring public hearings before the City Council under state or
local law (Le. conservation easements, open space acquisitions) are exempted from this
delegation; and
WHEREAS, ORS 190.010 allows the City to enter into intergovernmental agreements with
other units of local government; and
WHEREAS, the City of Ashland wishes to delegate to the City Administrator the task of
renewing intergovernmental agreements for the City when the terms of the agreement
remain the same, or the terms are modified in accordance with the agreement; and
WHEREAS, intergovernmental agreements that require public hearings before the City
Council under state or local law are exempted from this delegation;
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. New Section. A new Section 2.28.045 [City Administrator - Delegated
duties] is hereby added to read as follows:
2.28.045 City Administrator - DeleQated duties.
A. Acceptance of real property. or interest therein. Except when a public hearing
before the governing body is required by state or local law. the City Council hereby
authorizes and deleQates to the City Administrator the authority to indicate. for
purposes of recording in Official Deed records. the City of Ashland's acceptance of
real property title or an interest in real property pursuant to ORS 93.808. The City
Administrator may execute an instrument conveyina title to the City or conveying an
interest in real property to the City. after approval of the form by the City Attorney
and approval of the description of the property by the City Surveyor. City
acceptance shall be in substantially the followina form:
City Administrator Delegation Ordinance
Page 1 of3
CITY ACCEPTANCE (ORS 93.808):
CITY OF ASHLAND. Grantee
By:
City Administrator.
City of Ashland. OreQon
County of Jackson
1
) ss.
1
.20
STATE OF OREGON
The foreQoinQ instrument was acknowledaed before me this day
of . 20 . by as City Administrator
of the City of Ashland.
Notary Public for OreQon
My commission expires:
B. Renewal of interaovernmental aareements. The City Council hereby deleaates its
authority to renew interaovernmental aareements to the City Administrator when:
1) state or local law does not reauire a public hearina before the QoverninQ
body.
2) the terms of the interaovernmental aQreement will remain the same. or be
modified in accordance with the aareement. and
3) the renewal is approved by the City Attorney and the department head that
is affected by the renewal.
SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and clauses.
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", "chapter" or
another word, and the sections of this Ordinance may be renumbered, or re-Iettered,
provided however that any Whereas clauses and boilerplate provisions (Le. Sections 2-3)
need not be codified and the City Recorder is authorized to correct any cross-references
and any typographical errors.
Barbara M. Christensen, City Recorder
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 , 2008,
and duly PASSED and ADOPTED this day of , 2008.
City Administrator Delegation Ordinance
Page 2 of3
"r I
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2008.
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
City Administrator Delegation Ordinance
Page30f3
CITY OF
ASHLAND
Council Communication
Street Tree Commission Powers and Duties
Meeting Date:
Department:
Secondary Dept.:
Approval:
June 17,2008
Community Development
Planning Depa t
Martha Benn
Primary Staff Contact:
E-Mail:
Secondary Contact:
Estimated Time:
Amy Anderson
andersona@ashland.or. us
Richard Appicello
30 minutes
Question:
Should the City Council conduct and approve First Reading of the following ordinance, and move the
ordinance on to Second Reading?
AN ORDINANCE AMENDING CHAPTER 2.25, STREET TREE COMMISSION,
AMENDING NAME, MEMBERSHIP, QUORUM, POWERS AND DUTIES, AND
OTHER REQUIREMENTS
Staff Recommendation:
Staff recommends Council approval of First Reading by title only and move the Ordinance on to
Second Reading set for July 1,2008.
Background:
The proposed amendments primarily concern the changes to the name, membership, quorum, powers
and duties of the Street Tree Commission. The Street Tree Commission began reviewing their Powers
and Duties as outlined in Ashland Municipal Code 2.25 in June 2006 consistent with the direction of
the City Council for all Commissions. The first change is from Street Tree Commission to Tree
Commission. Other recommended changes include added flexibility language to the number of
Commissioners from five to seven, changing the quorum language and reordering the existing Duties
into a prioritized list.
Related City Policies:
City Charter Article 10, Ordinance adoption provisions & AMC 2.25
Council Options:
(1) Move to approve First Reading and continue the matter to July 1, 2008 for Second Reading.
(2) Postpone consideration.
Potential Motions:
Staff: [Conduct First Reading of Ordinance by Title only}
Council: Motion to approve First Reading and set Second Readingfor July 1, 2008.
Attachments:
Proposed ordinance
Minutes from June 8, 2006, September 7, 2006, and November 9,2006 Tree Commission Meetings
06-17~08 Tree Commission Page I
r~'
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2.25, STREET TREE COMMISSION,
AMENDING NAME, MEMBERSHIP, QUORUM, POWERS AND DUTIES, AND
OTHER REQUIREMENTS
Annotated to show delotions and additions to the code sections being modified.
Deletions are bold 1:__....:: _ and additions are in bold underline.
WHEREAS, the City of Ashland Street Tree Commission wishes to modify and update
the Street Tree Commission Ordinance relating to the name of the Commission,
membership, powers and duties, and other requirements; and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS:
SECTION 1. Chapter 2.25, Street Tree Commission is hereby amended to read as
follows:
2.25 Street Tree Commission
2.25.010 Established - Membership
The Tree Commission is hereby established to provide advice and Quidance to
commissions. the Council and city departments on all tree-related matters and to
involve citizens in protectinQ Ashland's urban forest. . The Commission shall
consist of the actual number of current sittinQ Commission members appointed by
the Mayor and confirmed by the City Council pursuant to AMC Section 2.25. 020.
but in no case shall there be less than five members nor more than seven voting
members and three non-voting ex officio members consisting of the Planning
Commission, a member of the City Council, and a representative of the Director of
Community Development Department and a representative of the Parks and
Recreation Department. The voting members shall be appointed by the Mayor with
confirmation by the City Council.
2.25.020
Term Vacancies
The term of a voting Commissioner shall be for three years. Any vacancy shall be filled
by appointment of the Mayor with confirmation by the City Council for the unexpired
portion of the term. The terms of the members shall be for three years. Any
Commissioner who is absent from four or more meetings in a one-year period shall be
considered no longer active and the position vacant, and a new Commissioner shall be
appointed to fill the vacancy.
2.25.030
Quorum
Rules and Meetings
Tree Commission Ordinance: First Reading. June 17,2008
Page 1 of 4
Four voting members of the Commission shall constitute a quorum. A Quorum
shall be defined as one-half the number of sittinQ Commissioners, plus one, but
in no case less than three. If there is no Quorum, no official Commission
business shall be conducted and all matters advertised shall automatically be
continued to the next reQularly scheduled meetinQ. 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 of each year the
Commission shall elect a Chair, a Vice-Chair and a Secretary.. (ORD 2779 S3, 1996)
2.25.040
Powers and Duties, Generally
The purpose, powers, duties and responsibilities of the Tree Commission shall be as
follows:
1. To act in an advisory capacity to the PlanninQ Commission, City Council and
PlanninQ Department Staff Advisor in the administration of the land-use
planninQ process, with respect to tree science and requirements, landscape
desiQn and principles, locally suitable botanic species and protection of
natural resources. Failure to make a recommendation on any individual
planninQ action shall not invalidate the action.
2. To develop and recommend to the City Council for its adoption ordinances
and policies for the plantinQ, care and protection of trees throuQhout the City
and to make amendments as required to AMC 18.61.
3. To act in an advisory capacity to the City Administrator and to all City
departments reQardinQ tree protection, maintenance, removal or any related
issues in the City and on all City properties.
4. To develop and recommend to the PlanninQ Commission and the City Council
for their review and adoption a city-wide tree monitorinQ and maintenance
plan for 10nQ-term tree care, includinQ irriQation, pruninQ and other annual
activities. Copies of the plan shall be kept in the Office of the City Recorder
and the Community Development Department for public review.
5. To develop and recommend to the City Council for its adoption a master list of
street trees suitable for plantinQ alonQ city streets, a copy of which shall be
kept on file by the Office of the City Recorder and the Community
Development Department as well as made available on the internet. The list
shall be updated and reviewed as required.
6. To educate the citizenry and to promote public knowledQe and understandinQ
of the benefits of appropriate tree plantinQ and care.
7. To facilitate an inventory of existinQ trees, includinQ historical or siQnificant
trees: to identify publicly owned properties in need of sustainable tree-
plantinQ or landscapinQ: and to submit recommendations reQardinQ such
enhancement of public lands and riQhts-of-way and to present reports of such
inventories, at the reQuest or direction of Council.
A. To inventory existing street trees, including historical trees and public
properties in need of beautification and plantings, and present a written report to
Tree Commission Ordinance: First Reading. June 17,2008
Page 2 of 4
the City Council of its findings.
B. To develop and recommend to the City Council for its adoption a master list of
street trees suitable for planting along the streets of the City, a copy of .....hich
shall be kept on file in the Office of the City Recorder and the Department of
Community Development for public information. The list shall be revie'l:ed as
required.
C. To develop and recommend to the Planning Commission and the City Council
for its adoption a Tree Management Plan, a copy of 'Nhich shall be kept on file in
the Office of the City Recorder and the Department of Community Development
for public information.
D. To develop and recommend to the City Council for its adoption ordinances and
policies for the planting, care and protection of trees throughout the City.
E. To act in an advisory capacity to the Planning Commission in the
administration of the site review and subdivision process ...:ith respect to
landscape design, suitable plantings, protection of natural vegetation, and tree
requirements.
F. To act in an advisory capacity to the City Administrator and to all City
departments regarding tree maintenance and related issues in the City and the
City's properties.
G. To submit recommendations to the City Council regarding the beautification of
public properties and rights of way.
H. To promote public knowledge and acceptance of the ...alue of appropriate tree
planting and care.
I. To develop, maintain, and update a recommended street tree list.
2.25.050
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 of or the Planning Commission.
2.25.060
Donations
Subiect to the formal acceptance by the City Council, the the--Commission may
receive gifts, bequests or other devices of property in the name of the City to carry out
any of the purposes of this Chapter, which shall be placed in a special account for use
at the discretion of said-the Commission. Penalty or mitiQation fees as described
Tree Commission Ordinance: First Reading. June 17, 2008
Page 3 of 4
in 18.61.030, C and authorized by City Council may also be placed in such
account.
SECTION 2. Severability.. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses.
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 , 2008,
and duly PASSED and ADOPTED this day of , 2008.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2008
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Tree Commission Ordinance: First Reading. June 17,2008
Page 4 of 4
CITY OF
ASHLAND
ASHLAND TREE COMMISSION
MINUTES
June 8, 2006
CALL TO ORDER -Chair Bryan Holley called the Ashland Tree Commission meeting to order at 7:00 p.m. on June 8, 2006 in
the Siskiyou Room in the Community Development and Engineering Services Building located at 51 Winburn Way, Ashland,
OR.
Commissioners Present Council Liaison
Bryan Holley David Chapman, arrived at 7:45 p.rn.
Mary Pritchard
Laurie Sager Staff Present
Ted Loftus Amy Anderson, Assistant Planner
Steve Siewert Anne Rich, Parks Department
Carolyn Schwendener, Account Clerk
APPROVAL OF MINUTES
Page 2, first paragraph under applicant testimony, Commissioner Siewert's name was misspelled. Pritchard/Sager m/s to approve the
minutes of May 5,2006. Voice vote: all AYES, Motion passed. The minutes of May 5, 2006 were approved as corrected.
PUBLIC FORUM
None present
PUBLIC HEARINGS
PLANNING ACTION 2006-00878 is a request for a Tree Removal Permit to remove a 30-inch Ponderosa Pine Tree from the
property located at 1505 Siskiyou Boulevard. The tree proposed for removal is located partially within the Walker Avenue
right-of-way. COMPREHENSIVE PLAN DESIGNA nON: Commercial; ZONING: C-l; ASSESSOR'S MAP #: 39 1 E 15
BA; TAX LOT: 100
APPLICANT: Steve Meister
Site Visits and Ex Parte Contacts - All the Commissioners did a site visit. Holley acknowledged he had conversations with
Robbin Pearce as well as sending out an email. Sager also sent out an email.
Robbin Pearce, City of Ashland Water Conservation Auditor & Inspector, was present to answer questions.
The Commissioners agreed that this Planning Action had been very confusing. Sager noticed that there was construction
happening on the site along with a sign that reads for lease or sale. She wondered if there was some sort of development
proposal attached to the Planning Action.
Amy reviewed the history of this Planning Action, read the staffreport and addressed the questions in Holley's email.
Amy stated that all Tree Removal's are processed as Staff Permits. Originally the application came for a Street Tree Removal
Permit. Pearce processes all Street Tree Removal Permits and historically all Street Trees, irregardless of size, have been
processed through 13.16. Holley had pointed out that under 18.61 it talks about all significant trees which is a tree greater then
18" in DBH, under the control of the City of Ashland, is subject to 18.61. Consequently the applicant was told they would
need to go through 18.61 Tree Removal for a Street Tree Permit. Since the owner is the City of Ashland it created a strange
situation which staff is working on to remedy at this time.
Amy explained that Pearce has the ability to do Street Tree Removal permits much faster then Planning Actions that take a
minimum of 30 days. Staff permits have a 100 foot noticing area and do not require that a sign be posted on the property.
There is a 10 day time period allotted for citizens or staff to call it up to a public hearing. This notice went out as a Staff
Permit for Tree Removal that staff called up to a public hearing.
Amy informed the Commissioners that there is no development proposed at this time. The plans that the Tree Commission
was given to review showed a gas station on the site and did not show the tree that was to be removed. Amy stated that the
plans were from an old survey that was provided by the Public Works department to Mr. Meister and he didn't white out the
gas station. It is not on the site. Amy explained that the applicant is putting in a new sewer line on the site and that is the
construction they are seeing. A sewer line is an over the counter permit that does not require any site plans to be shown.
The Commissioners discussed the possibility of requiring some kind of landscaping plans when sewer lines are being installed.
It was also suggested that during the permit process the applicant is simply asked if there are any trees of 12" in diameter or
better within 10 feet of their sewer line since the Oregon Plumbing Codes do not require applicants to provide any kind of
plans.
Pearce suggested that the Commissioners approach this issue from a different angle. She asked where the Heritage Tree List
was? It is a protective measure for some trees and could help in these situations. However there still would be trees not on the
list that would not be protected.
Holley shared that his concern was not so much about the tree but about the process that the applicant is taking. Amy
suggested that if the Tree Commissioners wanted to change the process they would need to have a study session for the
Planning Commission in order to change the procedure section of the ordinance. Sager said she would be happy to be part of a
sub-committee to develop a set of handouts that would show an applicant how to address 18.61. Pritchard confirmed that what
everyone wants is the reassurance that if there is a significant tree on a property that the applicant has looked at every single
possibility of saving that tree. The Tree Commission needs to be privy to that process, ideally in writing.
Recommendation:
Tree Commission recommends mitigation off-site with three (3) six foot to eight foot Ponderosa Pines. The applicant shall
work with the Staff Advisor and Ashland Parks and Recreation Department regarding where the mitigation trees will be
planted. The mitigation trees shall be planted within 180 days of the approval of this application.
Pearce asked if the issue of landscape inspection by the landscape professionals is going to happen. She would like to see it on
the agenda soon.
ACTION ITEMS:
Type I Review sign-up
July 6, 2006 - Sager, Siewert, Holley
August 3, 2006 - Sager, Holley, Pritchard
September 7, 2006 - Loftus, Pritchard, Siewert
DISCUSSION ITEMS
Commission Powers and Duties 2.25 -Chapman explained that the Council is doing a review to find out if the original goals
for each Commission are still proper. Chapman proposed questions for the Commissioners to think about. A few examples
were: Does what your doing match what your duties are? Do you have the right number of members? Do you need three staff
members? Does the Commission vote? Would they like to review Pre-Apps? Chapman suggested that they consider a quorum
being half plus one and removing Street from the Commissions name.
The Commissioners discussed 2.25 and made comments and corrections. Holley will write a draft and send it to Amy who will
then forward it to the other Commissioners. Put this on next month's Agenda.
ITEMS FROM COMMISSIONERS
Liaison Reports - Chapman asked if the Commissioners were involved in the Fire Department's Vegetation Ordinance. Amy
stated that neither the Tree Commission nor Planning had been involved.
NEW ITEMS
Amy distributed the Planting Diagram from the American Standards for Nursery Stock. ANLA.org
Sign-Up schedule for back page article. - "Special Care of Trees in Summer" was the topic discussed to write about next.
Sager volunteered to help with the article. Amy said Adam is working on doing an internet ballot for the Ailanthus replacement
tree. Holley suggested a news release would be a good idea so that the paper could write the article.
ADJOURNMENT - Commissioner Holley adjourned the meeting at 9:25 p.rn.
Respectfully submitted by
Carolyn Schwendener, Account Clerk
2
CITY OF
ASHLAND
ASHLAND TREE COMMISSION
MINUTES
September 7,2006
CALL TO ORDER -Chair Bryan Holley called the Ashland Tree Commission meeting to order at 7:04 p.m. on July 6, 2006 in
the Siskiyou Room in the Community Development and Engineering Services Building located at 51 W inbum Way, Ashland,
OR.
Commissioners Present Council Liaison
Bryan Holley David Chapman, arrived at 7:08
Mary Pritchard
Laurie Sager Staff Present
Ted Loftus Amy Anderson, Assistant Planner
Steve Siewert Anne Rich, Parks Department, arrived at 7:10
Colin Guiley Carolyn Schwendener, Account Clerk
APPROVAL OF MINUTES
Loftus/Pritchard m/s to approve the minutes of July 6, 2006. Voice vote: all A YES, Motion passed. The minutes of July 6,
2006 were approved as presented.
Pritchard/Sager m/s to approve the minutes of August 3, 2006. Voice vote: all AYES, Motion passed. The minutes of August
3,2006 were approved as presented.
Regarding last months Planning Action #2005-01869,1751 Dragonfly. Sager reported that Mrs. George contacted Mark Knox
at Urban Development Services requesting his help to get approval on the lot split.
PUBLIC FORUM
Jonathan Frank shared his interest in the operations of the Tree Commission and his interest in how the City is paying attention to the
native oak species. Mr. Frank said that in order to maintain a healthy community it is necessary to have native trees, he especially is
interested in the Oregon White Oak.
Tracy Harding from the Bike and Pedestrian Commission was present to discuss the upcoming Car Free Day on September 22, 2006. The
Bike and Ped Commission decided to have the Tree Walk Tour before the events on Oak Street in hopes that more people will attend. She
requested that one or more of the Tree Commissioners do a walking tour in the downtown area sometime between 12:30 p.m. and 1 :00 p.m.
Pritchard needed to check her calendar but if she is available would be willing to do the tour. The Commissioners will email Tracy and let
her know which one of them will do the walk. Loftus volunteered to bring trees and plants to the event again this year.
PUBLIC HEARINGS
PLANNING ACTION 2006-01091 Outline Plan approval under the Performance Standards Options Chapter 18.88 to subdivide the property
into 14 lots including 13 lots for single-family homes and one lot for open space purposes for the property located at 203 N. Mountain Ave. A
Lot Line Adjustment is included in the proposal to incorporate the western end of the parcel located at 185 N. Mountain Ave (Havurah Shir
Haddash Jewish Temple) into the subdivision. A Tree Removal Permit is requested to remove a 40-inch diameter at breast height Black
Walnut tree in the N. Mountain Avenue street right-of-way adjacent to the front of the property located at 203 N. Mountain Ave.
COMPREHENSIVE PLAN DESIGNATION: Single Family Residential (P Overlay); ZONING: R-1-5-P; ASSESSOR'S MAP # 39 1E 09 AA;
TAX LOTS: 1500, 1600, 1701, 1800. APPLICANT: Urban Development Services, LLC
Site Visits and Ex Parte Contacts - Sager, Rich, Loftus, Siewert, Guiley and Holley did site visits, Chapman did not.
Pritchard did a site visit the last time this project was reviewed.
Amy presented the staff report.
Applicant testimony: Larry Medinger 115 Fork St. explained the differences in this proposal compared to the last one. He
said that in the last proposal a large number of really great trees were slated for removal and with this new proposal they will
be preserving those trees. The applicants are still asking to be able to remove the 40" Black Walnut by the road in the event
that it can't survive the construction, though they will try and save it if at all possible. It appears like a substantial tree but at
this point it is in extreme decline, 60 percent of the trunk is gone and is a potential liability.
Tom Myers, Certified Arborist, 2040 Ashland Mine Rd., explained that part of the changes included trying to save the English
Walnut because it is a substantial tree and probably the best tree on the lot. It will require working within the tree protection
zone but it's odds of survival are quite high since we will only affect 20 percent of the root zone, stated Mr. Myers.
Dean Walker, applicant, 245 Meadow Slope Road, Talent, is impressed with the amount of care that Mr. Medinger has
brought to the second set of plans.
The Commissioners discussed the project. Sager suggested minimizing the width of the driveway in order to try and save the
English Walnut. She also suggested having the garage door engineered so that there is no center post allowing the car on the
right-hand side to make the maneuver away from the tree. Mr. Medinger agreed that was a good idea.
Recommendations:
1) Tree Commission recommends using pervious paving techniques for driveway on Lot 3 under dripline of English walnut.
2) Minimize driveway width on Lot 3 at alley to further reduce encroachment into root zone of English walnut.
3) That a curb, keystone wall, boulders or other form of parking obstacle be installed along driveway of Lot 3 and along south
edge of alley to prevent parking under English walnut.
4) All future landscaping and irrigation under dripline of English walnut shall be implemented under supervision of consulting
project Arborist.
5) Tree Commission supports applicant's efforts to retain Black Walnut under consultation with project Arborist, but supports the
possible future removal if preservation proves to be ill fated or potentially hazardous.
6) That all tree preservation, protection and pruning techniques recommended by the consulting project arborist shall become
conditions of approval.
Pritchard reported that the tree protection has been removed from 2001 Siskiyou Blvd. Amy will bring it to Adam's attention again. Holley
commented that he is not pleased with what he is seeing at Dairy Queen.
The Commissioners welcomed Colin Guiley to the Commission. Guiley is a student at SOU with a double major in Spanish and Biology. By
joining the Commission he is hoping to learn more about City Government as well as adding a different perspective to the Commission. He
is very interested in the protection of trees.
ACTION ITEMS
Type 1 Review sign-up -
October 5, 2006-Sager, Holley, Pritchard
November 9, 2006-Loftus, Pritchard, Guiley
December 7, 2006-Holley, Siewert, Loftus, Guiley
DISCUSSION ITEMS
Land Use Ordinance Review chapters 18.61 & 18.62 (Siegel Report)-The Commissioners decided they would each individually review
the ordinance between now and the next meeting, make their comments and corrections and bring them back to the Commission next
month. A subcommittee will be put together next month who will combine the comments and prepare a draft which will eventually go to the
City Council.
Commission Powers and Duties 2.2S-Chapman reported that the subcommittee is coming up with a template to make all the Commissions
consistent. The Commissions will receive another questionnaire soon. Holley has prepared a draft with corrections and will send that new
version to the Tree Commissioners for their review. Chapman noted that this Commission is missing the Why you Exist section and said a
one sentence blurb would be sufficient.
2
ITEMS FROM COMMISSIONERS
Liaison Reports -No reports
Amy announced that next month the Fire Department will be coming to the meeting and presenting their proposed new ordinance. Amy will
get a copy of the ordinance and put it in next month's packet for review prior to the meeting.
Old Business
Tree Planting & Pruning specifications-Changes could be made regarding the graphics and content anytime up until March. Amy will ask
Adam to send the image to Holley who will then edit the picture and get it to Ann.
Tree Grates-options other than metal- The problem with the metal Tree Grates is that it's difficult to expand the area around the trunk of
the tree as it grows. It's also a nightmare for irrigation as the tree gets bigger. After some research Sager found one company that does
recycled plastic grates but they don't have any removal rings and the diameter size is only a foot. Another issue with the plastic is that it's
not very stable so you have to fill right up to underneath it with gravel. She will continue to keep searching and encouraged the other
Commissioners to do the same.
Landscape Professional Ordinance- The purpose of this ordinance was to watch non enforcement at project sites and try to get the
Landscape Professionals to be the point person to work with to make sure that conditions of approval are met throughout the construction
process. The Commissioners agreed to send this on to Siegel for their review.
Heritage Tee List-There is ordinance language done talking about the Heritage Tree List but that list needs to be finalized. Amy's list of
trees was created a number of years ago. It was suggested that the property owners on that list be contacted and asked if they would like to
have their tree designated a Heritage Tree. Sager suggested doing an article for the Back page of the Tidings regarding Heritage Trees and
what it really means offering interested citizens the ability to sign up on the website.
Mitigation Resolution progress report- Amy reported that she is done with the report and has passed it on to her supervisors to review
and then it will go to the City Attorney. She will report back after hearing from them.
New Items
Amy announced that she is expecting a baby on March 22, 2006 and will be taking maternity leave. Yea!
Tree of the Year Nomination begins-The Nomination form was in the City utility bill and is on the City Website. Citizens have until Tuesday
October 2, 2006 to nominate their favorite tree. The Commissioners will review the nominees at the October 5th meeting. The list of
nominated trees are reduced usually to 5 and a ballot gets printed in the newspaper and posted on the City Website. Typically the Tree of
the Year voting is the last day of October and the winner is announced at the second November City Council meeting.
Ailanthus replacement vote ends-Ginkgo Biloba 77 votes, Sugar Maple 63 votes, Scarlet Oak 27 votes, Zelkova 10 votes and Prospector
Elm 2 votes.
Amy received a two day notice that the Oregon Community Trees quarterly meting is September 8, 2006. Because of such late notice she
will not be attending.
Current Balance is $750.00. To post the Tree of the Year ballot in the paper will cost approximately $220.00
Tree Commission Goals -Pritchard said that she has spoken with Linda Chesney at North Mountain Nature Park and is scheduling a Tree
Pruning Class for sometime in January.
Pritchard left at 9:10 p.m.
Media Outreach - The back page article that Siewert wrote came out in the Friday Edition of the Daily Tidings. The Commissioners
acknowledged he did a great job. Sager reminded the Commissioners that she would like to have a list of those who are willing to write a
back page article so she could get a backlog going.
Holley handed out a copy of a Letter to the Editor from David Kennedy regarding Trees in Ashland for those that might not have read it.
ADJOURNMENT - Commissioner Holley adjourned the meeting at 9:26 p.m.
Respectfully submitted by
Carolyn Schwendener, Account Clerk
3
CITY OF
ASHLAND
ASHLAND TREE COMMISSION
MINUTES
November 9, 2006
CALL TO ORDER -Chair Bryan Holley called the Ashland Tree Commission meeting to order at 7:00 p.rn. on November 9,
2006 in the Siskiyou Room in the Community Development and Engineering Services Building located at 51 Winburn Way,
Ashland, OR.
Commissioners Present Council Liaison
Bryan Holley David Chapman, absent
Mary Pritchard
Laurie Sager, absent Staff Present
Ted Loftus, absent Amy Anderson, Assistant Planner
Steve Siewert Anne Rich, absent
Colin Guiley Carolyn Schwendener, Account Clerk
APPROVAL OF MINUTES
Second page under Discussion Items second paragraph down should read Chapter 18.72. Pritchard/Siewert m/s to approve the
minutes of October 5, 2006. Voice vote: all AYES, Motion passed. The minutes of October 5, 2006 were approved as
corrected.
PUBLIC FORUM
None present
PUBLIC HEARINGS
PLANNING ACTION #2006-00612 Site Review approval for a mixed-use development comprised of general office space
and six residential condominiums for the property located at 160 Helman St. A Tree Removal Permit is requested to remove
two trees on site that are sized six inches diameter at breast height and greater. COMPREHENSIVE PLAN DESIGNATION:
Employment District W/Residential Overlay; ZONING: E-1; ASSESSOR'S MAP #39 IE 04 CC; TAX LOT: 2100.
APPLICANT: Siskiyou LLC/James Batzer
~ Re-review of landscaping at comer of Helman and Van Ness based on changes made at Planning
Commission to push back building on that comer.
Site Visits and Ex Parte Contacts - All the Commissioners did a site visit previously when this Planning Action was first
reviewed by the Tree Commission at the October 5,2006 meeting.
There was no new staff report.
Applicant testimony - Mark Knox, Urban Development Services, 320 E Main Suite 202 Ashland spoke representing the
applicants. Mr. Knox asked the Commissioners if they would be willing to accept the three foot planting strip with lavender in
it and inquired how they felt about a meandering 5 foot sidewalk. The Commissioners discussed this Planning Action and
agreed it was a very good solution because a meandering sidewalk allows for a much deeper planting space and room for a
tree.
Recommendations:
1) That the street tree root barriers shall be installed laterally along the sidewalk, the building and the street.
2) That the Tree Commission supports the proposed meander of the sidewalk to increase the planting area at the comer of Van
Ness & Helman streets.
Mr. Knox asked to speak regarding the tree that fell at 380 Clay St. Mr. Knox stated that the neighbor had implied that if the
tree had been properly pruned it might not have fallen. Mr. Knox strongly felt that there was no way anyone could have
predicted that the tree would fall regardless if it had been pruned or not. Tom Myers, Certified Arborist, inspected the tree and
confirmed that the tree had rotted and recommended that it be removed immediately. Mr. Myers also recommended that the
other trees on the property be pruned. Mr. Knox wanted the Tree Commissioners to know that they are in the middle of doing
their due diligence and caring for the trees.
PLANNING ACTION #2006-01663 A request for an Annexation and Comprehensive Plan and Zoning Map change from
Jackson County zoning RR-5 (Rural Residential) to City of Ashland zoning R-2 (Low-Density Multiple Family Residential),
R-I-3.5 (Suburban Residential) and R-l (Single-Family Residential) for an 1 1. 64-acre site comprised of five parcels located at
87 W. Nevada St. and 811 Helman St. (Ashland Greenhouses). The Ashland Comprehensive Plan Map identifies the site for
Single-Family Residential development (R-l zoning), and therefore, the proposal includes a Comprehensive Plan Map Change
to modify the Single-Family Residential designation to Suburban Residential (R-I-3.5 zoning) and Low Density Multi-Family
Residential (R-2) designations. The proposal requires Outline Plan and Site Review approvals to develop the property as a 78-
unit multi-family development and subdivision under the Performance Standards Options Chapter 18.88. A Tree Removal
Permit is requested to remove a 36-inch diameter at breast height Oak tree. Exceptions to the Street Standards are requested to
install a curbside sidewalk on one side of one of the proposed streets, for not locating a street adjacent to natural features and to
build two dead-end streets. Variances are requested to reduce the on-street parking requirement from 78 to 38 spaces, to
reduce the rear yard setback requirement for six of the town homes in the northwestern comer of the site from 20 feet to 12, 14
and 16 feet, and to reduce the required distance between buildings for the 27 cottages in the southwestern comer of the site.
An Administrative Variance to the Site Design and Use Standards is requested to have the primary orientation to the south
rather than the street as required. COMPREHENSIVE PLAN DESIGNATION: (Current) Single-Family Residential to
(Proposed) Multi-Family Residential & Suburban Residential; ZONING: (Current) RR-5 & R-I-7.5 to (Proposed) R-I-3.5 &
R-I-7.5 & R-2; ASSESSOR'S MAP #: 39 IE 4B; TAX LOTS: 800 & 1100 and ASSESSOR'S MAP #: 39 IE 4BB; TAX
LOTS: 700, 800, & 900
APPLICANT: Forrester & Williams
Site Visits and Ex Parte Contacts - All the Commissioners did a site visit.
The staff is asking for a continuance of this Planning Action and Amy confirmed that the issues that were addressed in the staff
report that are recommending continuance have nothing to do with landscaping, open space or tree removal. Everything that
the Tree Commission would recommend would be incorporated into the final plan that would come back to the Commission as
a Type 1.
Applicant Testimony - Applicants Valri and Greg Williams were present. Kerry KenCairn, Landscape Architect spoke
representing the applicants. Ms. KenCairn said that no tree report was submitted because she felt that the maps were sufficient
enough. Ms. KenCairn explained the purpose for removing the trees that are designated for removal.
Holley commented that citizens are urging the Tree Commission to plant native trees especially Oaks and encouraged Ms.
KenCairn to plant the native Oaks wherever possible. Pritchard said she would like to see more conifers planted.
Holley asked if the individual landscaping plans for the various buildings will be coming before the Tree Commission. Amy
said that the R-2 development properties are subject to site review and cottages would be required to have separate landscaping
plans so they would come back before the Commission.
Recommendation:
1) Tree Commission supports project outline plan as proposed.
ACTION ITEMS
Fire Dept. Ordinance subcommittee volunteers. Sager and Holley will be representatives at this time.
ITEMS FROM COMMISSIONERS
Liaison Reports - No reports given
Land Use Ordinance Review (Siegel Report) - Tabled until next month's meeting.
Changes to the agenda - Holly asked that Ordinance Revisions be dropped from the agenda, that the year 2007 is added to
Tree Walks and that Tree Grates/Sager is added under Old Business. Amy suggested that the Commissioners visit the YMCA
and Gathering Glass on A Street where plastic grates were used and the results were undesirable.
The Commissioners briefly discussed the future of the Tree Commission. The Commission is down to six members with no
new applications received at this time. Holley said there appears to be some political energy in town questioning the value of
all the Commissions. The Commissioners agreed to put this on next month's agenda.
Tree of the Year Winner: The Pacific Madrone at Mountain View Cemetery won with 18 votes out of 39. The
Commissioners discussed the low voting turnout and agreed to put it on the agenda for discussion.
2
Beginning next month Holley will be asking Sager to take over the responsibility of the Daily Tidings Backpage Articles.
Commission Powers and Duties 2.25 -The Commissioners discussed the revisions made to the ordinance. All commissioners
were in support of the proposed changes.
The Commissioners discussed the idea of the metal grates. Amy was typing a memo regarding the City's support of tree grates
and felt that it should be written by the commissioners as opposed to her.
Siewert will write the article about Living Christmas Trees in time for Thanksgiving in hope that the Tidings will publish it in a
timely manner.
ADJOURNMENT - Commissioner Holley adjourned the meeting at 8:40 p.m.
Respectfully submitted by Carolyn Schwendener, Account Clerk
3
CITY OF
ASHLAND
Council Communication
Water Regulation and Cross Connection Codification / Repeal
Meeting Date:
Department:
Secondary Dept.:
Approval:
June 17,2008
City Attorney's Offi e
None
Martha Benn
Primary Staff Contact:
E-Mail:
Secondary Contact:
Estimated Time:
Richard Appicello
Appicelr@ashland.or.us
None
5 minutes
Question:
Should the City Council conduct and approve First Reading of the following ordinance, and move the
ordinance on to Second Reading.?
AN ORDINANCE RELATING TO WATER REGULATION AND CROSS
CONNECTION, AND REPEALING ORDINANCE 2773.
Staff Recommendation:
Staff recommends Council approval of First Reading by title only and move the Ordinance on to
Second Reading set for July 1, 2008.
Background:
The Ashland Public Works Department, Water Quality Division requested an update to the City's
water regulation and cross connection ordinance including the penalty provisions. Ordinance 2773, the
City's water regulation and cross connection control ordinance was never codified and made part of
the AMC. This ordinance includes changes to formatting of the ordinance to allow for codification
after adoption. The need to codify the ordinance also presented an opportunity to update the City's
water regulations to reflect changes in Oregon Administrative Rules and to provide clarity. The
definitions were updated to reflect the current assemblies allowed by the Oregon Department of
Human Services. The penalty section was clarified to state that the fine for a violation would be $500.
Related City Policies:
City Charter Article 10, Ordinance adoption provisions
Council Options:
(1) Move to approve First Reading and continue the matter to July 1, 2008 for Second Reading.
(2) Postpone consideration.
Potential Motions:
Staff: [Conduct First Reading of Ordinance by Title only}
Council: Motion to approve First Reading and set Second Readingfor July 1, 2008.
Attachments:
Proposed ordinance
Page I
06-17-08 Cross Connection
r~'
ORDINANCE NO.
AN ORDINANCE RELATING TO WATER REGULATION AND CROSS
CONNECTION, AND REPEALING ORDINANCE 2773.
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold. and additions are bold underlined.
WHEREAS, the City of Ashland wishes to update its water regulation and cross
connection ordinance, and
WHEREAS, the water regulation provisions should be codified into the Ashland
Municipal Code.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Sections 14.05.010 [Definitions] through 14.05.120 [Penalties] are
hereby added to read as follows:
14.05.010 Definitions.
A. Administrator: the City Administrator for the City of Ashland.
B. Applicant: an individual firm, corporation, or authorized aQent applyinQ for
water service.
C. AMC: the Ashland Municipal Code.
D. Assembly: a device to counteract back pressures or prevent backflow or
backsiphonaQe. The Assembly device must be on the list of approved
assemblies issued by the OreQon Department of Human Services and in
accordance with this ordinance.
1) Air Gap Separation: a physical separation between the free flowina
discharae end of a potable water supply pipeline and an open or
non-pressurized receivina vessel. It shall be twice the diameter of
the supply pipe measured vertically above the overflow rim of the
vessel and in no case less than one inch.
2) Double Check-Detector Backflow Prevention Assembly (DCDA): a
specially desianed assembly composed of a line size approved
double check valve assembly assembled with a bypass containina a
specific water meter and an approved double check valve assembly.
The meter shall reaister accurately for only very low rates of flow up
to three Qallons per minute and shall show a reaistration for all rates
of flow. This assembly is desiQned to protect aQainst a non-health
hazard.
3) Double Check Valve Backflow Prevention Assembly (DDCV A): an
assembly of two independently actina approved check valves,
includinQ tiahtly closina resilient seated shutoff valves attached at
Cross Connection Codification and Repeal Ordinance 2773
Page 1 of 13
each end of the assembly and fitted with properly located resilient
seated test cocks. This assembly is desianed to protect aQainst a
non-health hazard.
4) Pressure Vacuum Breaker Backsiphonaae Prevention Assembly
(PVB): an assembly consistinQ of an independently operatinQ,
internally loaded check valve and an independently operatinQ
loaded air inlet valve located on the discharae side of the check
valve. This assembly is desiQned to protect aQainst a non-health
hazard or a health hazard under backsiphonaQe conditions only.
5) Reduced Pressure Principle Backflow Prevention Device: a device
consistinQ of two independently actinQ approved check valves,
tOQether with a hydraulically operatina, mechanically independent
pressure differential relief valve located between the check valves
and at the same time below the first check valve. The unit shall
include properly located resilient seated test cocks and tiahtly
closina resilient seated shutoff valves at each end of the assembly.
This assembly is desianed to protect aaainst a non-health hazard or
a health hazard.
E. Atmospheric Vacuum Breaker: means a non-testable device
consistinQ of an air inlet valve or float check, a check seat and an air
inlet port(s). This device is desiQned to protect aaainst a non-health
hazard or a health hazard under a backsiphonaae condition only.
Product and material approval is under the Oreaon PlumbinQ Specialty
Code.
F. Backflow: means the flow of water or other liquids, mixtures, or
substances into the distributina pipes of a potable supply of water from
any sources other than its intended source, and is caused by
backsiphonaae or backpressure.
G. Backflow Preventer: means a device, assembly or method to prevent
backflow into the potable water system.
H. Check valve: means a valve, which allows flow in only one direction.
I. City: the City of Ashland, a municipal corporation in the State of
Oreaon.
J. Connection Fees: fees specified by Council for the installation of a
water service line and meter.
K. Council: City Council for the City of Ashland, Oreaon.
L. Cross connection: means any actual or potential unprotected
connection or structural arranQement between the public or user's
potable water system and any other source or system throuah
which it is possible to introduce into any part of the potable system
any used water, industrial fluid, aas, or substances other than the
intended potable water with which the system is supplied. Bypass
arranaements, iumper connections, removable sections, swivel, or
chanQe-over devices, and other temporary or permanent devices
Cross Connection Codification and Repeal Ordinance 2773
Page 2 of 13
or T
throuah which, or because of which, backflow can occur are
considered to be cross connections.
M. Customer: any individual firm or corporation receivinQ water service
from the City.
N. Customer Facilities and/or equipment: facilities and/or equipment
located on customer premises used for receivinQ, controllina,
applyina, and/or utilizinQ City water.
O. Customer Control Valve: a valve installed at or near the outlet of
water meter for use by customer to control water to premises.
P. Director: the Public Works Director or Enaineer for the City of
Ashland.
Q. Federal: the United States of America, Environmental Protection
Aaency.
R. Hydrant: a device providinQ City water for fire protection: examples
include fire hydrants and standpipes.
S. Main Line: a publicly owned and operated water line that serves
more than one customer. Water mains for residential areas shall
have a minimum inside diameter of six (6) inches. Water mains for
nonresidential areas shall have a minimum inside diameter of eiQht
(8) inches.
T. OAR: OreQon Administrative Rules.
U. Premises: a customer tract of land, structure(s) and/or buildina(s)
receivina City water service throuQh a sinale water meter.
V. Private Water Main: a water main installed by customer to serve
customer's premises. A private water main may provide, but is not
limited to, private hydrants, private fire protection systems,
landscape irriQation, multiple buildinQs or customer's eQuipment.
W. Private Water System: any water system for water supply other than
the City water system. Examples include: wells, sprinas, ponds,
streams, and the Talent Irriaation District water.
x. PSI or psi: pounds per square inch: a measure of fluid pressure.
Y. Reaular Workina Hours: Winter from 8:00am to 4:30pm and summer
from 7:00am to 3:30pm, Monday throuah Friday, except holidays.
z. Service Connection: City owned water service line and water meter.
AA. State: the State of OreQon Department of Health and/or
Department of Environmental Quality.
BB. Temporarv Service Connection: a service connection installed
for circuses, bazaars, fairs, construction work, or similar short term
temporary usaae, the location of such is to be determined by City.
CC. Uniform Plumbina Code: the latest edition of the Uniform
PlumbinQ Code as adopted and/or amended by the State.
DD. Water Meter: a device for measurinQ water flow to water supply
line housed in an approved meter box and located between the
water service line and water supply line.
EE. Water Meter - Exempt: a water meter as defined above for a use
that does not return water to the City of Ashland sanitary sewer
Cross Connection Codification and Repeal Ordinance 2773
Page 3 of 13
system. Such meters will be exempt from sanitary sewer charaes.
Examples of exempt meters are meters used for landscapina or a
self-contained process such as juice or soft drink manufacture.
FF.Water Service: the City's act of providinQ potable water to
customers throuah a service line and water meter to a customer: it
may also include a backflow prevention device as determined by the
City.
GG. Water Service Line: the pipe, valves, and appurtenances located
between main line and water meter.
HH. Water Supply Line: a customer owned water line located between
water meter and plumbinQ on the premises.
II. Water System: the City owned and operated water system, which
includes, but is not limited to, water treatment facilities, dams,
reservoirs, pumps, water mains, fire hydrants, and appurtenances.
14.05.020 Water Service Line and Water Meter.
A. Water Service Line.
1) Location. The City shall install the water service line in a location
approved by City. The water service line shall be installed
between the water main and the customer's property line. If
Customer requests an alternate location on customer's property
and City approves the location, an easement to the City shall be
provided by customer for location of City approved water service
line or water meter. The Customer will pay all costs.
2) Size. The water service line size shall be in accordance with
Uniform PlumbinQ Code. The minimum size of a water service
line shall be three Quarters inch (3/4") inside diameter. The
diameter of the water service line shall not be less than the
diameter of the water supply line.
B. Water Meters Includina Exempt Meters.
1) Location. A water meter shall be installed by City at the
termination of a water service line. The water meter shall be
located at the property line on public riaht-of-way or public
property. If the Customer requests an alternate location on
customer's property, and City approves the location, an
easement to the City shall be provided by customer to allow the
City to install the City approved water service line or water meter.
Customer will pay all costs.
2) Size. The water meter size shall be determined by the City based
on the Uniform PlumbinQ Code and water meter manufacturer's
recommendation. The minimum size meter is three-Quarters inch
(3/4") inside diameter and not less than diameter of water supplv
line.
c. Water Meter Accuracy. Customer may reQuest a water accuracy test.
Prior to the request beina aranted, customer shall deposit an amount
Cross Connection Codification and Repeal Ordinance 2773
Page 4 of 13
with the City, as established by Council. If the water meter accuracy
test is within :t5% of manufacturer's standard, customer shall forfeit
deposit. If the water meter accuracy check exceeds :t5 of
manufacturer's standard, City shall install a replacement water meter
and deposit shall be refunded to customer.
D. Installation CharQes. Installation charaes for water service lines and
water meters shall be established by Council.
E. System Development Charae (SDC). A reimbursement fee, a public
improvement charQe or a combination assessed and collected as
specified in Section 4.20.700 of the AMC.
F. Access to Service Connection. Customer shall keep premises free
from any and all rubbish or material which would prevent City from
havina free access to any service connection and/or water meter.
G. Ownership and Maintenance.
1) City is the owner of service connection. Authorized City
personnel shall install and maintain service connections at City's
expense. If a customer damaQes the service, the customer is
liable for all costs of repair and/or replacement incurred, and the
Customer shall be billed by the City for all the costs.
2) Customer is the owner of the water supply line and is
responsible for construction, repair, and maintenance of the
water supply line.
H. Joint Water Services. City may, at City option, serve two (2) or more
premises with one water service line. The size of a joint water service
line shall be determined by the City based on Uniform Plumbina Code
standards and the water meter manufacturer's recommendations.
I. Sub-Meters. Sub-meters are water meters installed by customer for the
convenience of customer. City will not furnish or read sub-meters.
J. Chanae in Size or Location of Water Service Line and/or Water Meter. A
customer reQuestinQ a chanQe in location or size of a water service line
and/or water meter, shall be liable for all costs incurred by City as
established by Council. City shall approve all relocations.
K. Water Service Line or Private Water main. City shall discontinue water
service when a private water main or supply or private appurtenance(s)
are not constructed or properly maintained by the customer in
accordance with City, State, or Federal laws and these water
reQulations.
L. Customer's Control Valve(s). Customer is required to install a control
valve which controls the water supply to customer premises. Customer
control valve shall be located between the City water meter and the
customer water supply line. The purpose of customer control valves is
to provide customers with a method of discontinuinQ water service to
their premises. The cost of furnishinQ and installinQ customer control
valves by the City will be as established by Council.
14.05.030 Temporarv Service Connection.
Cross Connection Codification and Repeal Ordinance 2773
Page 5 of 13
A. Time Limit. Temporarv service connections shall be disconnected not
more than ninety (90) days from the date of installation. An extension
may be Qranted by the City upon request from the customer.
B. CharQes for Installation. The customer shall be reQuired to deposit with
the City the followinQ amounts as established by Council:
1) Estimated cost of installation and removal of temporary service
connection.
2) Estimated cost of water served throuQh the temporary service
connection.
3) Cost equal to the value of the temporary service connection.
C. Refund of CharQes for Installation.
1) Refund. If the deposit exceeds the City's costs, the City shall
refund the customer deposit less the City's cost of removina the
temporary service connection.
2) Additional BillinQ. If the deposit is less than the City's costs, the
customer shall pay the additional costs to City. Permanent water
supply lines shall not be connected to water service lines until
costs are paid in full.
D. CharQes for Water Served. CharQes for water shall be based on
standard water rates established by Council.
E. Responsibility for Temporarv Water Service. The applicant and/or
customer is responsible for all damaQe and/or maintenance required for
temporary water service beainnina at the time of installation and
endina at the time of removal by City.
14.05.040 Hydrants.
A. Use of Hydrants.
1) No person shall tamper, damaae, or use water from a hydrant
without first obtaininQ written approval from the Director or
desiQnee.
2) Some city owned hydrants exist outside the corporate City limits.
The use of such hydrants is restricted to City and authorized
personnel only. Anyone desirinQ to use these hydrants must
obtain written approval from the Administrator or desiQnee.
B. RelocatinQ Hydrants.
1) Cost. If an applicant and/or customer requests relocation of a
fire hydrant the applicant and/or customer shall be liable for all
costs incurred.
2) Deposit. A deposit in the amount of estimated costs of
relocatina the hydrant shall be required. If the deposit exceeds
the actual costs, the applicant and/or customer shall be refunded
their deposit less actual cost. If the deposit is less than City's
costs, the additional costs shall be due and payable prior to
activation of the hydrant.
Cross Connection Codification and Repeal Ordinance 2773
Page 6 of 13
3) Fire Department Approval. The applicant and/or customer shall
receive written approval from the Ashland Fire Department prior
to reQuestina relocation of a hydrant.
14.05.050 Responsibility for Customer Facilities and/or Equipment.
A. Condition of Customer Facilities. The customer shall install and
maintain, in a aood and safe condition, all facilities and/or equipment
required for receivinQ, controllina, applyina and/or utilizina City water.
The City shall not be liable for any loss or damaQe caused by improper
installation, neQliaence, want of proper care, wronQful act(s) of
customer or customer's tenants, aQents, employees, contractors,
licensees, or permittees installinQ, maintainina, usinQ, operatinQ, or
interferinQ with customer's facilities and/or eQuipment.
B. Water Service Billina Adjustments. No reduction in charaes for water
service shall be made for any cause, includinQ leaks, freezina or similar
instances. However, if the customer's facilities and/or equipment
include facilities that are beyond the customer's control, the customer
makes an immediate and diliQent effort to repair the break as soon as
possible after its discovery, and circumstances warrant it, such as with
a break-in, the City, upon written request by the customer, may make
an adjustment to the water service charQe. The adjustment shall be
based on previous years usaQe for the same billina period.
Adjustments shall not exceed 50% of the difference between current
and previous usaQe. All adjustments shall be made in accordance with
the AMC.
C. DamaQe to Customer Facilities. The City shall not be responsible for
damaQe to property caused by customer's facilities and/or equipment
when, or while, water service is in use by the City for repair or
replacement of water mains, water services, or similar City owned and
operated facilities relatinQ to the production, treatment, or distribution
of water to the customer's facilities. When possible the City will make a
reasonable attempt to notify the customer of such activity.
14.05.060 Backflow Prevention.
A. Purpose. The purpose of cross connection and backflow control is to
protect the City's water system from contamination or pollution due to
existinQ or potential cross connections.
B. Cross Connections Reaulated. All current or future cross connection
devices shall be installed, used, or maintained in accordance with this
Chapter.
C. Backflow Prevention Assemblv ReQuirements.
1) Customers addinQ chemicals or other substances to City water
shall notify the City immediately.
Cross Connection Codification and Repeal Ordinance 2773
Page 7 of 13
. ~. I
2) Approved backflow prevention assemblies shall be installed at
the location service connection, or as determined by the City
certified cross connection control inspector. Customer shall be
liable for all associated costs.
3) Customer's water supply line and plumbinQ shall be open for City
inspection. City authorized representative shall determine if
structural or sanitary hazards exist due to cross connection
devices. Upon the City's awareness of a hazard, the City shall
discontinue service to premises. Water service shall resume
followina correction, inspection, and City approval of the
customer's corrections.
4) Backflow protection shall be installed when cross connection
devices exist. The dearee of the hazard shall determine the
correction needed.
(a) Premises with a private water system connected, or
intended to be connected, to the City water system shall
be protected by an approved air Qap separation or an
approved reduced pressure principle backflow
prevention device. The City discouraQes such cross
connections because of the hiah potential for backflow
into the City water system. The City reserves the riaht to
refuse such connections.
(b) Premises that contain materials danQerous to health that
could enter into the City's water system shall install a an
approved air Qap separation or an approved reduced
pressure principle backflow prevention device.
(c) Premises usina or storinQ objectionable substance not
hazardous to health shall protect the City water system
by installinQ an approved double detector check valve
assembly or installinQ an approved pressure vacuum
breaker.
(d) Irriaation systems may be protected by atmospheric and
pressure vacuum breakers. A double detector check
valve assembly shall be installed if systems are subject
to floodinQ, backpressure, or if compressed air is used to
winterize the system.
(e) When water, Qases, chemicals, or foreian substances
that may contaminate the public water system as a result
of backflow or backsiphonaQe are placed in the system, a
reduced pressure principle backflow prevention device
or an air aap separation shall be installed.
5) All City equipment usina City water within the City water system
shall protect the water with an approved device. Examples are
street sweepers, fire trucks, and tanker or flusher trucks.
6) Installation of backflow protection devices shall comply with the
installation Quidelines defined in these rules.
Cross Connection Codification and Repeal Ordinance 2773
Page 8 of 13
7) Customer shall keep backflow prevention devices in aood
workina condition at all times. Customer shall have annual
inspection and leakaQe tests by an individual certified by the
State. Additional inspections shall be required when successive
inspections indicate failure. Customer shall be financially liable
for inspections and tests performed by City or private certified
individuals. City shall be responsible for tests beina completed in
a timely manner. Defective backflow prevention devices shall be
repaired, overhauled, or replaced at customer expense. All
backflow prevention device testinQ records shall be submitted to
the City Records of such tests, repairs, and overhauls shall be
maintained by the City.
8) ExistinQ backflow prevention devices, which do not meet
reQuirements of these rules, but were approved devices at the
time of installation, and have been properly maintained, shall be
excluded from the requirements of these rules except for the
requirement in subsection 14.05.060(CH7). The City water system
must be protected in a method as determined by City. Whenever
an existinQ device is relocated the device shall meet
requirements of these reQulations.
9) If internal cross connections are not correctable, or an intricate
plumbinQ arranQement makes it impractical to determine if a
cross connection exists, City shall determine what backflow
prevention devices are required.
10) All installation shall be in accordance with the Uniform PlumbinQ
Code.
11) All new construction plans shall be submitted to the Director or
desiQnee for approval.
12) If a backflow prevention device is required to accomplish the
purpose of these reaulations, installation shall be made by a
certified cross connection specialist.
13) If an appropriate cross connection application has not be filed
with and approved by the City, water service shall be
discontinued.
14) Pursuant to the State Health Division OAR Chapter 333, Division
61, an approved Double Check Valve Assembly (DCV A) shall be
the minimum backflow protection for fire line services.
(a) A Double Detector Check Valve Assembly (DDCV A) is
required by City.
(b) Systems that incorporate an antifreeze loop containinQ
any type of chemical shall have an approved Reduced
Pressure Principle Device installed on the antifreeze
loop.
D. Installation ReQuirements. To ensure proper operation and accessibility
of all backflow prevention assemblies, the followina is required:
Cross Connection Codification and Repeal Ordinance 2773
Page 9 of 13
1) No part of the backflow prevention assembly shall be submerQed
or installed in a location subject to floodinq. If a backflow
prevention assembly is installed in a vault or basement, adequate
drainaae shall be provided.
(a) DDCV A's may be installed below arade in a vault,
provided that pluQS are installed in the test cocks.
2) Assemblies must be installed at the connectinQ point of the City
water service line. Alternate locations must be approved by the
Director or desiQnee prior to installation.
3) Assemblies must be protected from freezina and/or other severe
weather conditions.
4) Backflow prevention assemblies shall be approved by the State
of OreQon Health Division and the City.
5) Assemblies s ecificall a roved b the Ore on Health Division
for vertical installation shall be installed
6) Assemblies shall be accessible for maintenance and testina.
Devices 2" and smaller shall have a minimum 6" clearance on all
sides of the device. All devices larQer than 2" shall have a
minimum clearance of 12" on the back side, 24" on the test cock
side, 12" below the device, and 36" above the device.
7) Any assembly installed inside premises shall be readily
accessible durina the City's reaular workinQ hours.
8) If an assembly is installed inside of premises, 4' above the floor
and 2.5" or laraer, the assembly must be equipped with
permanently installed scaffoldina approved by the City.
Installation must also meet the U.S. Occupational Safety and
Health Administration requirements and the State of Oreaon
Occupational Safety and Health Codes.
9) Reduced Pressure Principle Assemblies may be installed in a
vault only if relief valve discharae can be drained to dayliaht
throuQh a "boresiQht" type drain. The drain shall be of adequate
capacity to carry the full rated flow of the device and shall be
screened on both ends.
10) An approved air Qap shall be located at the relief valve orifice.
This air aap shall be at least twice the inside diameter of the
incomina supply line as measured vertically above the top rim of
the drain and in no case less than 1".
11) When a backflow device is deemed necessary by the City, the
model of assembly and installation plans shall be submitted to
the City Water Department for approval prior to installation.
12) Upon completion of installation, the City shall be notified and all
devices must be inspected and tested by certified personnel. All
backflow devices must be recorded with the City. ReQistration
records shall provide the installation date, make, model, serial
number of backflow device, and the initial test report.
Cross Connection Codification and Repeal Ordinance 2773
Page 10 of 13
Any variances from these installation requirements shall be requested
in writina by the customer and approved by the Director or desianee in
writina prior to device installation.
E. Access to Premises. Authorized employees of the City, with proper
identification, shall have access durina reasonable hours to all parts of
the premise. If a customer refuses to Qive the City access to the
premise for the purpose of inspection after receivinQ reasonable notice
of the inspection at a reasonable time, then either a reduced pressure
principle assembly shall be installed at the service connection to
customer's premise at customer's expense by City the City. As an
option the City may discontinue water service to the premises.
F. Annual TestinQ and Repairs. All assemblies installed by a customer as
required by the City shall be tested immediately upon installation and
then annually by a state certified tester. All such assemblies found not
functioninQ properly shall be promptly repaired or replaced. The City
may deny or discontinue water service to the premise for
noncompliance of testina and/or repairs. All testinQ and repairs are the
financial responsibility of the customer.
G. Variances. Any variances from these requirements shall be requested
in writina by the customer and approved by the Director or desianee
prior to device installation.
H. Cost of Compliance. All costs associated with purchase, installation,
inspections, testinQ, replacement, maintenance, parts, and repairs of
the backflow device are the responsibility of the customer.
I. Termination of Service. Failure on the part of the customer to
discontinue the use of all cross connections and to physically separate
cross connections is sufficient cause for immediate discontinuance of
water service to the premises. OAR Chapter 333, Division 61. The
Director or desianee shall make said determination.
14.05.070 Inspection of Premises.
The City reserves the riaht to inspect the customer's premises if there is
reason to believe that an unsafe condition exists. The City may refuse water
service and disconnect the service connection from the water supply line if
the plumbinQ, appliances or equipment usina the water are danQerous, unsafe
or not in compliance with all City, State or Federal laws or standards.
14.05.080 Groundina Wire Attachments.
The attachment of any around wire(s) to any plumbinQ or water supply line
shall be at the customer's risk. The City assumes no liability for damaae to
customer's premises or persons on customer's premises caused by the
ineffectiveness of such a QroundinQ wire or system. The City shall hold
customer liable for any damaae to City property caused bv customer's
QroundinQ wire or system.
Cross Connection Codification and Repeal Ordinance 2773
Page 11 of 13
14.05.090 Surae Control.
A. City Control. The City may discontinue water service if customer's
facilities and/or equipment create excessive pressure suraes in City
water system. The Director or desianee shall determine "excessive
pressure surQes."
B. Customer Responsibility. If the applicant and/or customer's facilities
and/or equipment creates excessive pressure suraes in the City water
system, the applicant and/or customer shall be responsible to install
the City approved surQe control equipment and maintain the surQe
control equipment in proper operatina order at applicant/customer's
expense. If the City determines excessive pressure suraes from the
applicant and/or customer's facilities and/or equipment has caused
damaQe to the City water system, the City may bill the customer for
cost of repairs of said damaae.
14.05.100 Pressure and Supply.
The City assumes no responsibility for loss or damaae caused by lack of
water volume or water pressure. The City aQrees to provide water service to
the applicant and/or customer at pressures and volumes as are available in
the water system. Water service is subject to shut-downs and variations
required for the operation and maintenance of the water system.
14.05.110 Noncompliance with ReQulations.
The City may discontinue water service if the customer fails to comply with
this ordinance. The cost of discontinuinQ and restorinQ water service to the
customer shall be established by the Council.
14.05.120 Penalties.
A violation of this section shall be punishable by a minimum fine of ~
upon conviction.
SECTION 2. Repeal. The City of Ashland Ordinance No. 2773 is hereby repealed
in its entirety. Any municipal code provisions in conflict with the provisions
contained herein are also hereby repealed.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of
this ordinance are severable. The invalidity of one section, subsection, paragraph,
or clause shall not affect the validity of the remaining sections, subsections,
paragraphs and clauses.
SECTION 4. Savinas. Notwithstanding this amendment/repeal, the City ordinances
in existence at the time any criminal or civil enforcement actions were commenced,
Cross Connection Codification and Repeal Ordinance 2773
Page 12 of 13
shall remain valid and in full force and effect for purposes of all cases filed or
commenced during the times said ordinance(s) or portions thereof were operative.
This section simply clarifies the existing situation that nothing in this Ordinance
affects the validity of prosecutions commenced and continued under the laws in
effect at the time the matters were originally filed.
SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article", "section",
"chapter" 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 2-4) need not be codified and the City Recorder is
authorized to correct any cross-references and any typographical errors.
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 , 2008,
and duly PASSED and ADOPTED this day of ,2008.
Barbara M. Christensen, City Recorder
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 , 2008,
and duly PASSED and ADOPTED this day of , 2008.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2008.
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Cross Connection Codification and Repeal Ordinance 2773
Page 13 of 13
CITY OF
ASHLAND
Council Communication
Lawn Sprinkler Ordinance Amendment: AMC 15.16.170
Meeting Date:
Department:
Secondary Dept.:
Approval:
June 17,2008
City Attorney's Office
None
Martha Be
Primary Staff Contact:
E-Mail :
Secondary Contact:
Estimated Time:
Richard Appicello
Appicelr@ashland.or.us
None
5 minutes
Question:
Should the City Council conduct and approve First Reading of the following ordinance, and move the
ordinance on to Second Reading.?
AN ORDINANCE RELATING TO LAWN SPRINKLERS, PROVIDING A PENALTY,
AND AMENDING AMC SECTION 15.16.170.
Staff Recommendation:
Staff recommends Council approval of First Reading by title only and move the Ordinance on to
Second Reading set for July 1,2008.
Background:
The Ashland Public Works Department, Water Quality Division requested an update to the City's
water regulation and cross connection ordinance including the penalty provisions. Because of Charter
limitations, the maximum fine permitted for a violation, not a crime, is five hundred dollars. Cross
connection creates a serious public health threat and warrants the maximum penalty. The proposed
codification and update to Ordinance 2773 [City's water regulations] required the amendment of AMC
15.16.170 so that the penalties and terms would be in agreement. The penalty section was clarified to
state that the fine for a violation would be $500, whereas before it stated that the minimum fine would
be $500.
Related City Policies:
City Charter Article 10, Ordinance adoption provisions
Council Options:
(1) Move to approve First Reading and continue the matter to July 1, 2008 for Second Reading.
(2) Postpone consideration.
Potential Motions:
Staff: [Conduct First Reading of Ordinance by Title only}
Council: Motion to approve First Reading and set Second Readingfor July 1, 2008.
Attachments:
Proposed ordinance
Page 1
06-17-08 Cross Connection Penalty
r~'
ORDINANCE NO.
AN ORDINANCE RELATING TO LAWN SPRINKLERS, PROVIDING A
PENALTY, AND AMENDING AMC SECTION 15.16.170.
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold . and additions are bold underlined.
WHEREAS, the City wishes to specify a penalty for a violation of AMC section
15.16.170 because of the importance of maintaining the integrity of the City's water;
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 15.16.170 [Lawn sprinklers - Cross connections] is hereby
amended to read as follows:
15.16.170 Lawn sprinklers - Cross connections
A. Lawn Sprinklers. When a lawn sprinkling system is connected to a domestic or
water supply there shall be a valve placed so it will shut off the entire sprinkler
system and a double check valve assembly shall be vacuum breaker placed
between this valve and the discharge side of the line.
B. Cross Connections. No cross connection as between the City water system and
such other sources of water supply as Talent Irrigation District, private wells or
springs, shall be allowed.
C. Penalty. A violation of this section shall be punishable by a fine of ~
upon conviction.
SECTION 2. Severability. The sections, subsections, paragraphs and clauses of
this ordinance are severable. The invalidity of one section, subsection, paragraph,
or clause shall not affect the validity of the remaining sections, subsections,
paragraphs and clauses.
SECTION 3. SavinQs. Notwithstanding this amendment/repeal, the City ordinances
in existence at the time any criminal or civil enforcement actions were commenced,
shall remain valid and in full force and effect for purposes of all cases filed or
commenced during the times said ordinance(s) or portions thereof were operative.
This section simply clarifies the existing situation that nothing in this Ordinance
affects the validity of prosecutions commenced and continued under the laws in
effect at the time the matters were originally filed.
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",
Ordinance Amending AMC 15.16.170
Page 1 of2
"chapter" 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 2-4) need not be codified and the City Recorder is
authorized to correct any cross-references and any typographical errors.
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 ,2008,
and duly PASSED and ADOPTED this day of , 2008.
Barbara M. Christensen, City Recorder
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 ,2008,
and duly PASSED and ADOPTED this _ day of , 2008.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2008.
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Ordinance Amending AMC 15.16.170
Page 2 of2