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HomeMy WebLinkAbout2010-0202 Council Mtg PACKET . CITY OF ASHLAND .'~i.~ ~~~~'~t;~c~;j;:~i~!*~,~~~~~~~~ill~~~;~~,~~~t~~.'~,~~n;i,l ,~n ~,~ri~~~~~Q?j~~',~~b;~' th~,~~~]ic:~;;~: ':,~~~i&~~h'~;, ~ull~!t .wri!t~n ~o~~~~;,,: r'\t9..th~:,qp,:!n,~ll-o~~anY)~~n:o!ll'.h.e ^g~~!l;iU~,]~SS;g,lS,:!he subJeclof,a:pupl!~:~~~nngandthe recor~~I~"c10~~~;,:.E~~~t'for. pughc heafJngs; theFeJ~_,P?',::;" , -'ati~o]tiI~ light 'i~,or.ally aq4r~ss';4t~,Cou~~il'on,:an:a~enda ite~. Til,n~,.perry1jttj!1g"the::iPresidingOff'2er' ~ii~.aUo.y;,cir?I;i.~sti~o!1y;.powever, pU,blic; ':~; ~ .~.pjee9~'~' ],~w; glf~raiit_ef~:~~ly..pu~!i~:~t!~~a~ce;n~~pl:lblic paryi~ipatj~n.', If yo~,~hutc? .~peak; pl.cas'e:fiU"out ~e.~~.k.~~ ~e~miSt-fo~ located,riear_ \.., . "th'i::entrince-to the,CoUJi'cll Clianibers:--Thechair;\'(ill recognjzf:'youand inforln-youas:to the aniount:oftime~al1otted'to you; ifany.The time granted ....: ,';' 'Wi:lf~~,'~_~~4~nf~5~sprrib'~e~teij~ <m',~e.ha,~'~~Af_ih~ /ie~ u~der: dis~~~~l~n/the ~~~1?e[.'~f'pe,~'pl~;-w~o'~sh"tth~m~~~. ,~~d.' th~:!~~,h: of th~age.', '}d~. , "'"'' ,--,,'Co _..."-"t.... "~.'"...,,-' .",t. " '" ".-...:..,;",::"",+ ..."'''..,.._''--',,'. , "'_ "',.,-, ,. .._.0', .0"_'_ _ '~" '.__"" , ".,,, ''';,','''_'.__~.,.,'d,,_'' '''0 ,'" . ..~U' ',.! AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL February 2, 2010 Council Chambers 1175 E. Main Street 6:00 p.m. Executive Session for discussion of an internal advisory memorandum pursuant to ORS 192,660(2)(f) 7:00 p,m. Regular Meeting I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V, SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? [5 minutes] 1, Regular Council of January 19. 2010 2, Executive Session of January 25.2010 VI. SPECIAL PRESENTATIONS & AWARDS None, VII. CONSENT AGENDA [5 minutes] 1, Does the Council accept the Minutes of Boards, Commissions, and Committees? 2, Does Council have any questions about the quarterly financial report as presented? 3, Does Council have questions regarding the City's purchasing practices or participation in the national coalition promoting changes in factory working conditions? 4, Does Council accept the annual report relating to the Verde Village development as demonstration that both the City and the developer are in compliance with the Development Agreement? 5, Will Council approve the attached resolution establishing minimum standards, fees and program policy for the installation of Street Pennant in the public right-of-way? 6, Should Council approve a resolution to adjust budget appropriations for changes in operational expenses to remain in compliance with Oregon Budget Law? 7, Does the Council wish to confirm the appointment of Rob Lloyd as Information Technology (IT) Director? VIII. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the public hearing, 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 !l2,04,050}) 1, Should Council approve a resolution adjusting the FY 2009-2010 Budget to create appropriations and authorize expenditures for unanticipated expenses during this year? [10 Minutes] COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL l) VISITII-II~Cr['r:OF /~Slll,t\ND'S WEB SITE ATWW\V,ASHJ,ANI),O!<'US 2, Does the Council approve the proposed resolution to establish a fee schedule for Mitigation, Enforcement and Restoration in accordance with the Tree Protection and Preservation Chapter (AMC 18,61)? [20 Minutes] IX. PUBLIC FORUM Business from the audience not included on the agenda, (Total time allowed for Public Forum is 15 minutes, The Mayor will set time limits to enable all people wishing to speak to complete their testimony,) {15 minutes maximum] X. UNFINISHED BUSINESS 1, Will the Council approve a resoiution allocating Transient Occupancy Tax (TOT) revenue for tourism and non-tourism purposes for FY 2010-2011 and establishing criteria for the grant program? [30 Minutes] 2, Does the Council wish to adopt findings to complete the land use ordinance portion of the annexation process for the property at 615 Washington Street? [10 Minutes] 3, Should Council approve first reading of an ordinance annexing 1,6 acres at 615 Washington Street and withdrawing the property from Jackson County Fire District No, 5? [10 Minutes] XI. NEW AND MISCELLANEOUS BUSINESS 1, Will Council approve the FY11 Capital Improvement Program (CIP) project list, the overall FY11-16 CIP in Concept, and the FY11 Capital Equipment Plan? [30 Minutes] 2, Will Council approve a resolution revising operating Ending Fund Balance (EFB) targets for certain funds and authorize budgeting increased Contingencies in certain funds? [15 Minutes] XII. ORDINANCES, RESOLUTIONS AND CONTRACTS 1, Should the Council approve Second Reading of an Ordinance amending Council Rules Chapter 2,04,090, 2,04,100 and 2.04,110 to add Council Rules relating to commissions and liaisons"? [10 Minutes] 2, Should the Council approve Second Reading of an Ordinance providing for uniform policies and operating procedures for advisory commissions, committees and boards? [10 Minutes] 3, Should the Council approve First Reading of an Ordinance amending Chapter 1,08 to add provisions concerning the classification of offenses, and move the ordinance on to Second Reading? [10 Minutes] 4, Should the Council approve First Reading of an Ordinance amending Chapter 9 to add provisions concerning the classification of offenses, and move the ordinance on to Second Reading? [10 Minutes] 5, Should the Council approve First Reading of an Ordinance amending Chapter 10 to add provisions concerning the classification of offenses, and move the ordinance on to Second Reading? [10 Minutes] 6, Should the Council approve First Reading of an Ordinance amending Chapter 11 to add provisions concerning the classification of offenses, and move the ordinance on to Second Reading? [10 Minutes] 7, Should the Council approve First Reading of an Ordinance that amends the Living Wage ordinance by defining "twelve month period" and clarifying that the City does not require retroactive payments? [10 Minutes] XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XIV. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enabte the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 3tj, 102-35,104 ADA Title t), COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL l) _ VISIT '1'1-] E CITY OF ASHLAND'S WEB SITE AT WW\V,ASHLAND.OR,US ASHLAND CITY COUNCIL MEETING January 19, 2010 Page I 0[5 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL January 19,2010 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p,m, in the Civic Center Council Chambers, ROLL CALL Councilor Voisin, Navickas, Lemhouse, Silbiger and Chapman were present. Councilor Jackson was absent. MAYOR'S ANNOUNCEMENTS Mayor Stromberg did not receive an update regarding the Battalion of the 41" Brigade Combat Team of the Oregon National Guard (11186) but asked citizens to be mindful of those serving the country, He suggested discussing agenda items 3-6 under XII. ORDINANCES, RESOLUTIONS AND CONTRACTS as one proceeding, City Administrator Martha Bennett recommended postponing agenda item number 3 under XI. NEW AND MISCELLANEOUS BUSINESS due to Fire Chief Karns absence, SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? The minutes of the Study Session of January 4,2010, Regular Council of January 5,2010 and Executive Session of January 6,2010 were approved as presented, SPECIAL PRESENTATIONS & A WARDS Mayor Stromberg announced vacancies on the Tree Commission, Conservation Commission, Housing Commission and Planning Commission, CONSENT AGENDA 1. Does the Council wish to approve a Liquor License Application from Mark Hedford dba Martolli's Hand Tossed Pizza at 38 E Main Street? 2. Does the Council wish to approve a Liquor License Application from Josh Hamik dba Boulevard Coffee at 555 Siskiyou Boulevard? 3. Will the Council approve the 2010 Council Liaison appointments to City boards and commissions, to be effective immediately? 4. Will Council approve, by order, authorization for the Mayor to sign a non-standard ground lease agreement with Brim Aviation for the installation and use of a 24-foot training tower at the Ashland Municipal Airport and associated Specialized Aviation Service Operator (SASO) agreement? " Councilor ChapmanILemhouse mls to approve Consent Agenda items. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS 1. Will Council approve and authorize the Mayor to sign a quitclaim deed relinquishing a sanitary sewer easement, located on Lot 33 of the Mountain Creek Estates Subdivision? Engineering Services Manager Jim Olson explained that a recent escrow closing uncovered a sanitary sewer easement from 1936 that runs through several lots in the subdivision, Vacating the easement was an oversight by the developer when the subdivision was built in 1997. The area was plated and realigned in 1997, the sewer line abandoned and a new line approved and constructed, The abandoned sewer line is 12-inch diameter concrete pipe, buried deep with no threat of collapsing. ASHLAND CITY COUNCIL MEETING January 19, 2010 Page 2 oJ5 Public Heariug open: 7:13 p.m. Public Hearing closed: 7:13 p.m. Councilor NavickasN oisin mls to approve the quitclaim deed and direct the Mayor to sign the document. Roll Call Vote: Councilor Silbiger, Chapman, Navickas, Voisin and Lemhouse, YES. Motion passed. PUBLIC FORUM Christopher Iverson/1635 Ashland Mine RoadlRepresented the Forest Lands Commission and announced the Ash]and Watershed Map Contest for local artists, He described the contest criteria and noted the Apri] 5, 20]0 deadline. The Forest Lands Commission will select the winner and the result will be a full color map distributed to the community summer 2010, Stephanie TidweII12300 Black Oak WaylSpoke on behalf of several residents concerned over the growing number of sexual assaults in the community. She asked the Council to create a Sexual Assault Working Group that would address publicizing assaults and attempts, diminishing victim blaming and increase prevention of violence against women, Ms, Tidwell listed potential participants and topics that included training, communication policies, current protocol and services and improvements, Council suggested additional agencies to contact as well as Ashland Police Chief Terry Holderness. Mayor Stromberg will meet with the group and develop a proposal for further discussion with Council. Councilor Navickas and Voisin volunteered to participate, UNFINISHED BUSINESS - None NEW AND MISCELLANEOUS BUSINESS I. Should the Council approve an Ashland Forest Resiliency Master Stewardship Agreement between the United States Department of Agriculture Forest Service, the City of Ashland, the Nature Conservancy, and Lomakatsi Restoration Project? . Forest Resource Specialist Chris Chambers provided an overview of the Master Stewardship Agreement (MSA) and partnership, The MSA partnership consists of City Consultant Forester Marty Main, 'Darren Borgias from the Nature Conservancy, US Forest ServicelStewardship Project Coordinator Don Boucher, Acting District Forest Ranger Tim Chesler and Director of the Lomakatsi Forest Restoration Project Marko Bey. The partners explained how the MSA opened the way for the functional relationships and roles outlined in the Ashland Forest Resiliency (AFR) to create supplemental project agreements addressing specific financial obligations of the collaborators and enable project implementation, Inspections would occur during every phase ofthe project with the US Forest Service responsible for inspecting the overall contract. Accountability for non-compliance from sub-contractors would depend on the phase and the partners involved and could result in contract termination, financial responsibility and fines, Design would draw on the expertise of the partners, Adaptive management would occur through community engagement and the technical reviews each phase of the prescription design. The City, Lomakatsi Restoration Project along with the Nature Conservancy will create a Memo of Understanding (MOU) outlining work relationships and possibly dispute resolution, Ultimately, the US Forest Service retains the overall decision- making authority. Mr. Chambers explained due to lack of roads and projected volumes, forest debris would be burned instead of composted. Firewood may be an exception, Councilor NavickaslLemhouse mls to approve the Ashland Forestry Resiliency Master Stewardship Agreement. DISCUSSION: Councilor Navickas supported the agreement and stated it was imperative the US ASHLAND CITY COUNCIL MEETING January 19, 2010 Page 3 of5 Forest Service allow the technical reviews and community involvement in the process, Since 1955, the US Forest Service watershed management had garnered community criticism and concern, Councilor Lemhouse also supported the agreement, the economic benefits and collaborative efforts involved, Councilor Voisin cautioned that many people will be watching the project closely and hoped the MSA would have a clear statement on accountability and conflict resolution, She urged the partners to find ways to remove the forest debris for biomass or compost instead of burning it RoD CaD Vote: Councilor Navickas, Voisin, Lemhouse, Chapman and Silbiger, YES. Motion passed. 2. What changes should be considered for the FY 2010-2011 Budget and process to allocate Transient Occupancy Tax (TOT) proceeds internally or externally through the Economic and Cultural granting process? Administrative Services Director Lee Tuneberg listed and explained the detriments and benefits of following options: I, Make little or no changes to the current process, 2, ClarifY allocation criteria and desired outcomes, 3, Change the process, place larger impacts on larger programs and allocate monies to smaller groups. 4. Remove the granting process from the budget process and have internal staff manage it He recommended significant changes happen the following budget year to allow citizens and Budget Committee members to adjust Staff would bring an updated resolution for discussion in February based on what the Council wanted to accomplish with the granting process for the next fiscal year. Catie Faryl/200 E Nevada Street/Referred to an email sent to Council earlier regarding sustainability and recommended Council adjust the formula to include new and sustainable projects. Grant money was one ofthe few funding resources available for non-profits trying to bring new economic viability to the community. There was a need to address self-sufficiency in the valley and global environmental changes to better prepare the community, Council thought the current system worked well, retaining flexibility allowed the group to prioritize based on economic conditions. Suggestions included adding sustainability businesses, prioritizing established institutions, insuring criteria and definitions were clear, adding an outcome measurement, updating language in the current resolution and retaining the current process more than one year. Council consensus was to leave the process the same and have staff revise language in Section 2 and Section 4(E) of the current Resolution, Mayor Stromberg disclosed he intended to bring a proposal allocating $25,000 for Sustainability distributed in $5,000 grants for Council approval. Councilor ChapmanNoisin m1s to leave the process the same for the subcommittee. Roll Call Vote: Councilor Silbiger, Voisin, Lemhouse, Navickas and Chapman, YES. Motion passed. 3. Does the Council wish to schedule the first reading of a proposed ordinance to AMC Chapter 10, which establishes charges and rates for cost recovery for certain emergency responses of Ashland Fire and Rescue? Item delayed, 4. Will Council approve Transportation System Plan (TSP) project cost increase of $66,000 or a total of $416,000 to complete the TSP? Public Works Director Mike Faught introduced John McDonal, Oregon Department of Transportation (ODOT) Project Manager for Transportation Growth Management (TGM) and presented the staff report, The amount staff was requesting would cover an unanticipated $42,000 Nodal Concept Evaluation with the remaining going to the ASHLAND CITY COUNCIL MEETING January 19, 2010 Page 4 0[5 consultant for extra scope of work. Staffblended the grant with the Planning Department per TGM to increase the chances of being awarded the funds, Funding used for the Master Plan came from an earlier TGM grant for $150,000 and $200,000 from Transportation System Development Charges (TSDC), The grant was not guaranteed but there was a strong possibility the City would receive some money, Ifnot, TSDC would cover the amount and there would be other opportunities to reapply for grants in the future, Council shared concerns regarding the amount, that it was for a plan instead of results and working within the original budget. Other comments noted the importance of having the right plan and how this was an investment in a transportation system that could set Ashland as a sustainable model. Councilor ChapmanlNavickas mls to approve staff's recommendatiou of an increase of $66,000 to complete the Transportation System Plan (TSP). Roll Call Vote: Councilor Chapman, Navickas and Voisin, YES; Councilor Silbiger and Lemhouse, NO. Motion passed 3-2. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Should the Council approve First Reading of an Ordinance amending Council Rules Chapter 2.04.090, 2.04.100 and 2.04.110 to add Council Rules relating to commissions and liaisons, and move the ordinance on to Second Reading"? Councilor Navickas suggested changing the final sentence in Section 4. 2.04.1 OO(B) Attendance: "Liaisons shall not attend quasi-judicial proceedings when the final appeal or final decision is or could come before the City Council," to ".. .shall not participate..." and allow the Councilor to remain in the room during the hearing, Council consensus was to retain the original language ". ..shall not attend..." City Attorney Richard Appicello read the ordinance title aloud, Councilor VoisinlNavickas m1s to approve first reading and place on agenda for second reading February 2, 2010. Roll Call Vote: Councilor Navickas, Silbiger, Voisin, Lemhouse and Chapman; YES. Motion passed. 2. Should the Council approve First Reading of an Ordinance providing for uniform policies and operating procedures for advisory commissions, committees and boards? Councilor Voisin suggested limiting Planning Commission term limits from 4-years to three, Mayor Stromberg provided an overview of previous Council discussions regarding term limits for the Planning Commission noting the amount of knowledge and information needed made a 3-year term limit not long enough, Council consensus retained 4-year term limits for the Planning Commission, Councilor Silbiger requested the Airport Commission be a voting member on the Transportation Commission in AMC Chapter 2: Commissions Committees and Boards, Council consensus allowed the Airport Commission to be non-voting ex-officio member instead and updated Section 6 2.13.020 (B) third sentence to include "...twelve (12) total non-voting ex officio members..." instead of eleven (11), City Attorney Richard Appicello read the change to Section 6 2.13.020 Established-Membership(B) Non-voting Ex Officio Membership: "The Director of Public Works or designee shall serve as the primary staffliaison and as Secretary of the Commission. Including the staff liaison, there will be twelve (12) total non-voting ex officio members who will participate as needed and will include one member of the Council as appointed by the Mayor, Community Development & Planning, Police, Fire, Southern Oregon University, Ashland Schools, Oregon Department of Transportation, Rogue Valley Transportation District, Ashland Parks and Recreation, Jackson County Roads and Airport Commission," and the ordinance title aloud, ASHLAND CITY COUNCIL MEETING January /9, 20/0 Page 5 af5 Councilor VoisinlSilbiger mls to approve first reading and set second reading for February 2, 2010. Roll Call Vote: Councilor Chapman, Lemhouse, Silbiger, Voisin and Navickas; YES. Motion passed. 3. Should the Council approve First Reading of an Ordinance amending Chapter 1.08 to add provisions concerning the classification of offenses, and move the ordinance on to Second Reading? Should the Council approve First Reading of an Ordinance amending Chapter 9 to add provisions concerning the classification of offenses, and move the ordinance on to Second Reading? Should the Council approve First Reading of an Ordinance amending Chapter 10 to add provisions concerning the classification of offenses, and move the ordinance on to Second Reading? Should the Council approve First Reading of an Ordinance amending Chapter 11 to add provisions concerning the classification of offenses, and move the ordinance on to Second Reading? Councilor Chapman/V oisin mls to continue Agenda Items XII, 3, 4, 5 and 6 first reading of ordinances to next regular Conncil meeting. Voice Vote: all AYES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERSIREPORTS FROM COUNCIL LIAISONS 1. Housing Commission Councilor Voisin explained on December 17, 2009 the Housing Commission held a focus group inviting citizens and local non-profit and social service agencies to participate in a discussion about community needs and elicited input to establish spending priorities for the City's Community Development Grant Program, This was the first of possibly three meetings, Priorities from the first meeting were affordable housing, emergency shelter and supportive services, ADJOURNMENT Meeting was adjourned at 10:19 p,m, Barbara Christensen, City Recorder John Stromberg, Mayor ASHLAND AIRPORT COMMISSION December 1, 2009 MINUTES MEMBERS PRESENT: RICHARD HENDRICKSON, TREG scon, DAVID WOLSKE, ALAN BENDER, LARRY GRAVES, BOB SKINNER STAFF: scon FEURY MEMBERS ABSENT: ALAN DEBOER, RUSS SILBIGER, BILL SKILLMAN, LINCOLN ZEVE Visitors: Bob Sims, Jerry Fullstone 1. CALL TO ORDER: ' 9:30 AM 2. APPROVAL OF MINUTES: September 1, Motion by Graves for approval, second by Bender, unanimous vote, minutes approved as amended. 3, Additional Items: 4. Public Forum: No Public Comments 5. OLD BUSINESS: A. AlP Project Engineering Design: Fleury informs Commission that the Connect III grant for the taxiway extension has been applied for and ODOT has received all required paperwork, Fleury will also apply for the rural airport funding Connect III grants that are due by May 20,2010. The rural airport grants applications will be for the AlP engineering design 5% match, the AlP construction 5% match and for the taxiway extension construction project. The regular Connect III grants will be awarded in Fall 2010. Fleury to keep Commission informed of status. B, Housekeeping: Skinner states that he has spoken to people on the Airport about walking and set the off limit area at any part forward of Sky's hangar, Wolske states there are trails that span the perimeter of the airport that could be appropriate for walking, Graves states that maybe signs stating uses could be used, Skinner thinks that most people will not pay attention to the signs as is the case now, He also discussed the bike demos with the necessary parties on site and they under the radar of the City and Commission with regards to the operations that are not consistent with the minimum standards, They understand the situation and bike demo operations have ceased. Bender states that in some instances a non aviation related business would be permitted on site by FAA if the if revenue generated from business would help improve the Airport. What could the City do to maximize the use of the Airport? Bender to investigate non-aviation related businesses on airport sites, Wolske note there is a Sherriff's vehicle parked within the 39' clear zone near Burls Hangar, Skinner to speak with Burl and have vehicle moved. Wolske also states there is a solar panel and piece of equipment associated with it tothe North of Burls hangar and does not remember what it was for. The Commission vaguely remembers approving the area for something a couple years ago, Fleury to look back through the minutes to find out what the piece of equipment is and who's responsibility it is, C. Airport Policy Development: Fleury states that he will continually work with the C:\DOCUME-1\shipletd\LOCALS-1\Temp\XPGrpWise\December 1 2009,doc 1 Airport Commission to develop the Airport Policy booklet. Fleury asks if any members have an additional policy they would like to add to the current booklet, either new orold. D, Airport Marketing-Website Development: Fleury informs Commission that he and Graves will meet this week to start work on developing the website content. Fleury asks Commission members for photos of the Airport, both ground and aerial to add for content. '\ 6. NEW BUSINESS: A. Airport Commission Goals: Commission discusses goals for 2010, They would like to continue through will grant applications and research any and all sources of funding for the improvement and expansion of the Airport. Bender says that a consultant could be used to find funds for the improvement and expansion of the Airport. Hendrickson would like to proceed forward with the website development and improve the overall marketing of the Airport. The Commission believes the Council and Citizens of Ashland should better understand the use and importance of the Airport and that it is up to the Commission to help them in this process. Wolske states that he would like to see a maintenance program established for the riparian sections along Neil Creek that are on Airport property. What can the Airport Commission do to clean, upgrade, improve the area around Neil Creek? Wolske states that most of the creek is overgrown with blackberries, Commission to work towards riparian restoration and improvement along Neil Creek. Scott states that he volunteers at his kid's school and that he would like the Commission to develop a curriculum for field trips to the Airport to get kids interested in aviation and promote the Airport at the same time. Commission thinks the Young Eagles should be involved. Hendrickson would like a sub-committee to meet and establish a curriculum, Sub-committee will be Graves, Scott and Hendrickson, B, CAP Hangar: Jerry Fullstone in attendance to discuss CAP operations at the Ashland Airport. Jerry states that the CAP would like to keep the CAP hangar operating in Ashland and that it is a viable important entity to the CAP. He mentions that the electrical issues from the previous fire inspection report have been taken care of. He states they have two weekday night meetings a month at the hangar and recently had a training exercise based out of Ashland. He states they use both the Medford and Ashland facilities for training. Chris Adams is the Squadron Commander for the Ashland CAP, Hendrickson states the Commission is supportive of the CAP mission, but the impression the Commission and City have is that the hangar is not being utilized, Skinner states there should be better communication between the City, Commission and CAP so all parties understand what is going on with regards to the CAP hangar, Commission would like to see emailed reports from the CAP occasionally to understand how the hangar and Airport is being used by the CAP. All email addresses are in the Commission packet and Jerry has a copy, Wolske states that the CAP is a resource and they should take some pride of ownership in the hangar and the Commission is interested in obtaining the hangar because of its apparent lack of use, The Commission also believes the hangar is in disrepair and the CAP should try and invest some time into cleaning it up both on the interior and exterior. Scott asks if the CAP has any upcoming maintenance that it will perform on the hangar, Jerry says he does not know of any off the top of his head. He states most of the work is done by volunteers and they try to do basic cleanup on the inside, He also states CAP funds are limited for hangar improvements. Hendrickson states he would like Jerry to inform his superiors that the Commission is concerned with the condition of the hangar. It was also mentioned that the CAP should place a larger sign at the Airport to let users and the general C:IDOCUME-1\ShipletdILOCALS-1\Temp\xPGrpWiseIDecember 1 2009,doc 2 public know of the CAP presence at the Ashland Airport. The Commission would also like to see the Medford CAP come to the Ashland Airport for meetings and trainings, The Commission asks Jerry or a CAP representative to email Commission members any CAP information that comes out of their meetings or any training plans that the CAP has for the future. Commission would also like to see the CAP involved in next years Airport Day and will keep in contact with CAP regarding this issue, Hendrickson thanks Jerry for his attendance at the meeting and looks forward to seeing the CAP attend meetings when they are available. C. TSP: Fleury states that Faught was going to attend meeting to discuss the TSP with Commission but was double booked for time. He will attend January meeting to discuss the TSP and how it relates to the Airport. D, Planning Commission: Fleury states that he has spoken with Bill Molnar and that Bill is trying to schedule a time for Airport Commission members to have a question and answer session with the Planning Commission, Fleury to update Commission of status once Bill has something set up. 7. AIRPORT MANAGER REPORT/FBO REPORT/AIRPORT ASSOCIATION: A. Status of Airport. Financial Report. Review of Safety Reports: Skinner states that he is having a monthly meeting with Fleury and Faught to discuss airport operations and issues. Previously they discussed the vandalism and the possibility of installing a security camera system. Faught would like to try and budget for a small security camera system and DVR for the next budget cycle. Hendrickson states that he would still like to discuss the housekeeping issues with DeBoer at the next meeting, Fleury states he has measured off parking area for Burls rolling stock and sent him a lease to review. He has not heard back from Burl yet regarding the lease and will try to discuss further with Burl. B. Maintenance Updates - No new updates. Maintenance work will continue as time and weather allow, 8. OTHER: The meeting of the JC airport commission is the third Monday of the month at 12:00 PM. 9. NEXT MEETING DATE: January 5,9:30 AM ADJOURN: Meeting adjourned at 11 :07 ~ C:IOOCUME-1IshipleldILOCALS-1ITempIXPGrpWiseIOecember 1 2009,doc 3 CITY OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES DECEMBER 8, 2009 CALL TO ORDER Chair Pam Marsh called the meeting to order at 7:00 p,m, in the Civic Center Council Chambers, 1175 East Main Street Commissioners Present: Larry Blake Michael Dawkins Dave Dotterrer Pam Marsh Debbie Miller Melanie Mindlin Mike Morris John Rinaldi, Jr. Staff Present: Bill Molnar, Community Development Director Brandon Goldman, Senior Planner April Lucas, Administrative Assistant Absent Members: None Council Liaison: Eric Navickas ANNOUNCEMENTS Commissioner Marsh announced the vacancy on the Planning Commission and encouraged interested citizens to submit applications, She also requested they add review of the Planning Commission Goals to tonight's agenda, Staff clarified the December 22nd Study Session will likely be canceled, unless pressing matters arise at tonight's meeting, CONSENT AGENDA A. Approval of Minutes 1. November 10, 2009 Planning Commission Minutes Commissioners Dotterrer/Miller m/s to approve the Consent Agenda. Voice Vote: all AYES. Motion Passed 8.0. PUBLIC FORUM No one came forward to speak, UNFINISHED BUSINESS A. Adoption of Findings for PA #2009.01151, Clover Lane. Declaration of Ex Parte Contact No ex parte contact was reported, Commissioners Rinaldi/Miller mls to approve the Findings for Planning Action #2009.01151. Voice Vote: all AYES. Motion Passed 8.0. " DISCUSSION ITEMS A. Croman Mill District Plan. Commissioner Marsh provided a brief summary of the update that was given to the City Council on November 3o~, During the update, she noted the Council raised questions about employee density and enforcement, the location of office and industrial land, and urban renewal districts, Council Liaison Navickas stated in general, the Council seemed positive and supportive of Ashland Planning Commission December 8, 2009 Page lof5 what the Commission has done, Marsh stated there are still a few issues that are dangling and these will be addressed tonight; with the public hearing scheduled for their first meeting in January, Planning Manager Maria Harris provided a short presentation to the Commission. She displayed images of the current plan and of a possible revision to the street alignment, which adjusts the streets to within 150 of a true east-west axis, She stated the revised alignment will allow for more long and narrow buildings with more southern exposure, which will minimize heat gain in the summer, She added at this point staff does not see any major red flags with moving towards this revision; however the block sizes will need to be evaluated and they will also need to look at possible impacts on existing structures, Staff clarified topographical issues will also need to be evaluated, Community Development Director Bill Molnar noted staff just received this revised version and will be better prepared to provide further analysis at their next meeting, He added as the Commission prepares their recommendation to the City Council, they could consider including a recommendation for the Council to adopt the revised street layout Commissioner Dotterrer requested an update on the status of the ODOT property and asked if someone is going to have to purchase that property or if they are considering a swap, Mr, Molnar clarified staff has not discussed this with ODOT; however ODOT's property is fairly valuable, and if they sold it they could purchase property at a different location, He added the Croman plan will still work even if this property stays under ODOT's control. In regards to the Tolman Creek Rd realignment, suggestion was made for the Commission to make it clear that a decision has not yet been made and to solicit the public's input on this at the public hearing, Staff provided clarification on the process from here on out Mr. Molnar stated the most appropriate way to proceed is to make a recommendation on the package that the Council has already seen, and if the Commission feels strongly that the revised . street layout should be considered, to issue this as a separate recommendation, He added the revised street layout is a significant change, and before staff makes all the necessary map changes, they need to get direction/approval from the City Council. Commissioner Marsh thanked staff for presenting the revised street layout, and several commissioners voiced their support for the revision, Mr, Molnar provided a summary of the solar setback issues, He stated as soon as they started planning for this site, staff realized there would be conflicts with the Solar Setback Ordinance, Based on the current plan, the buildings would need to be 54 ft, apart to comply with the ordinance, and any additional heights obtained through LEED bonuses would further exacerbate the problem, Mr. Molnar clarified the January meeting materials will include suggestions on how to adapt the package to accommodate the solar ordinance, He added downtown Ashland is currently exempt from the Solar Ordinance provisions, and exempting the Croman site might be an option to consider. Ms, Harris noted she has spoken with the City's Conservation staff regarding this issue, and believes there will still be opportunities for solar even if the ordinance does not apply, Senior Planner Brandon Goldman commented on the plan's employee density goals and provided input from other communities who have tried to enforce employment numbers, He explained the cities of Canby and Milwaukie both tried to apply employee density numbers in their industrial areas and have faced many problems with this concept The City of Canby is looking at removing this standard completely, and the City of Milwaukie cited several procedural issues they have faced in terms of enforcement Mr, Goldman stated some of the issues expressed by these two municipalities are: how to handle phased developments, how to allocate employees per acre, how to accommodate for open space, difficulty in making an assessment for new businesses, the definition of employee, and most notably they expressed difficultly in data collection and reporting over time, Mr. Molnar noted there was quite a bit of discussion by the Council at their November 30. meeting and staff has not found a strong way to deal with this, Comment was made suggesting they leam from what other cities have done, and focus on uses that will achieve their employee density goals, rather than specifying employee numbers in the plan. , Staff was asked to comment on whether there might be any future liability against the City if the Croman property owners receive the grant for the central boulevard, but are unable to meet the job creation numbers identified in the application, Ms, Harris clarified the Croman plan is designed around fairly intense uses and the grant application was consistent with this. It was noted the grant is highly competitive and is evaluated on job creation, and if the Croman owners were to receive it, the Ashland Planning Commission December 8, 2009 Page 20t5 City would not take on any liability, Mr. Molnar commented briefly on the agreement that was reached with Brammo, and stated the agreement allows the City to acquire and sell off property if any penalties are levied because of grant incompliance, Comment was made questioning who will be responsible for paying for the infrastructure, Staff stated the infrastructure will likely be put in by either the developer or the person who buys a particular lot, both ways are common, Mr, Molnar noted the current property owners would like to build the central boulevard all at once, but phasing the installation is also an option, He noted city standards state that adequate transportation must be provided, so this will need to occur before a building is constructed. Mr, Molnar noted the City Council has also discussed the possibility of a finance district Commissioner Dotterrer asked if the City had an estimate of the infrastructure costs and questioned if the costs would make development economically viable, Commissioner Blake noted this issue came up at the Croman Advisory Committee meeting and concern was raised about whether this would pencil out Comment was made that if the infrastructure costs are too high, businesses might need to cut back on the number of jobs they can provide, Commissioner Marsh cited the November 30~ Council Study Session minutes and clarified a lot of thought is going into how this will be financed and does not believe this is under their purview, Dotterrer disagreed and stated recommending a pan that may not be economically viable is something the Commission needs to consider, Mr. Goldman provided clarification on the residential buffer area and how this impacts heights in the neighborhood center. He stated a residential buffer area was established that includes much of the neighborhood center; and one of the standards for the residential buffer states the maximum height is equal to the height of the current underlying zone (which is 35 It), He stated the idea of the residential buffer cap on height is to create a transition from the adjoining residential districts outside the plan area. Mr, Goldman stated if the Commission wants to encourage higher density housing in this area (above 35 It), they may want to consider adjusting the residential buffer area. He stated one option may be to keep the buffer in the areas adjacent to the neighborhoods, but narrow it down to allow taller buildings in the center of the neighborhood center, Comment was made that taller buildings may be needed to accommodate the transit facilities and this is closer to what was originally envisioned for this area, Request was made for staff to clarify whether the FAA has provided input on the proposed building heights, Staff clarified they are going through the fonnal process of submitting potential heights to find out what the FAA's mitigation requirement will be, Commissioner Miller expressed her concern with residential density, She stated 60-units per acre are very small units and asked if this is the type of housing that is wanted and needed in Ashland, Mr, Molnar noted the needs analysis did show a substantial need for smaller units, and while 60-units per acre is the maximum, someone could develop a lesser number of units per acre, He stated the goal is to encourage smaller units, but clarified 60 is not the requirement, only the maximum, Commissioner Blake commented briefly on the sustain ability standards and suggested they provide potential developers a range of options and let them choose which ones they want to incorporate (such as 6 out of 10), Commissioner Marsh stated their next meeting on this topic will be the public hearing scheduled for January 12, 2010 and noted the importance of getting the public's input on these issues, B. Update on Timetable Extension and Timetable Tolling Ordinances. Commissioner Rinaldi recused himself due to a potential conflict of interest Mr. Molnar provided some background on the two issues, He stated this started with the City Council and they forwarded it to the Planning Commission to get their feedback. The issues then went back to Council where they voted to send both items back to the Planning Commission to dralt an ordinance and take it through the standard process, Mr. Molnar stated the Planning Commission's hearing on this ordinance will likely be in late January or at their first meeting in February, In tenns of the recession extension, Mr. Molnar explained three other communities in Oregon have adopted similar provisions, The direction from the City Council was for the Planning Commission to consider an extension, but to apply criteria to it Ashland Planning Commission December 8, 2009 Page 3 of 5 Mr. Goldman commented on the recession extension provision and listed the following questions that need to be answered before staff can draft an ordinance: 1) Who is eligible (all projects that have not allowed approval to lapse or all projects during a specific timeframe regardless of whether approval has expired), 2) How long should the extension be for (it was noted 18- months has been suggested), and 3) What process should they use to evaluate requests. Mr. Goldman noted Council felt applications should be subject to a review process that is consistent with the current 18-month extension process. Mr. Goldman stated the provision on appeal tolling is a separate issue and deals with applications that are approved by the City, but are then appealed to a higher court. After an application is approved, the applicant has 12-months to commence constru.ction. The question before the Commission is whether that 12-month period should be put on hold until a decision is made on the appeal. Philip Lang/758 B Street/Stated this is a bad proposal and should be disregarded. Mr Lang questioned if the applications would be reviewed again to ensure compliance with current codes, and if so, what type of review will be done and who will pay for the costs. He also commented on who would benefit from this relief and stated this is essentially a subsidy to speculative developers. Mr Lang stated this proposal would cost taxpayer money and feels it is bad public policy. Commissioner Marsh requested they separate their discussions on the two proviSions and asked for the commission's input on the questions posed by staff. Appeal Tolling Question: Should a maximum period be established? Comment was made that an appeal is out of the applicant's control and it does not serve any purpose to apply a maximum period. Il was added the odds of an appeal taking several years are pretty small. Opposing comment was made that the extension should not be open ended. Comment was made that the application should be exempted for the full length of the appeal, or else there is no point in passing this provision, Timetable (Recession) Extension Quesfion: Who should be eliaible? Comment was made that reaching back to 2006 is going too far, and they should start from when the economy really started to tum bad in mid-2007 (possible start date of 7/1/07). Additional suggestion was made for them to include applications from this date up until mid-2009, Comment was made that applicants should have been aware that the bubble was about to burst and voicing opposition to this provision, Commissioner Marsh stated it is clear they are not going to have a consensus and asked if there are specific pieces of input they have for staff in preparing the ordinance. Opinion was given that only applications that are active or at least communicating with staff should be eligible. Question: What lenath is appropriate? No concem was expressed with the proposed 18-month extension length. Question: What process and criteria should reauests be evaluated aaainst? Comment was made voicing support for keeping the process the same as the current 18-month extension, Additional comment was made supporting the current process and to not require.applicants to provide proof that financing had been denied. Commission Marsh clarified these two provisions will come back to the Commission for further discussion and a formal public hearing. Commissioners Dawkins/Dotterrer mls to extend meeting past 9:30 p.m. Voice Vote: all AYES. Motion passed 7-0. C. Planning Commission Goals Commissioner Marsh noted the City Council will be holding their annual goal setting on January 24,2010 and stated unless the Commission has any changes, the goals that were drafted at their annual retreat will be forwarded to the Council: Ashland Planning Commission December 8, 2009 Page 40f5 1 . Adopt Croman Mill Redevelopment Plan 2. Transportation Planning - TSP. Transit and Pedestrian Oriented Development (TOO) Overlay, 3. Sustainable Land Use Codes, Solar Orientation, Green Street Standards, and Stormwater Management 4. Railroad District Parking Management Plan. 5. Arterial Setbacks Evaluate existing standards for Ashland Street, E. Main Street, Siskiyou Blvd, and N. Main Street Commissioner Marsh stated this is an ambitious list, but believes 1-3 are achievable in the next year. She added this list will be sent off to the Council for consideration during their goal setting process. ADJOURNMENT Meeting adjourned at 9:40 p,m, Respectfully submitted, April Lucas, Administrative Assistant Ashland Planning Commission December 8, 2009 Page 5 of 5 CITY OF ASHLAND Council Communication Current Year Financial Report - October through December 2009 Meeting Date: "February 2, 2010 Primary Staff Contact: Lee Tuneberg Department: Administrative Services E-Mail: tuneberl@ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Martha Bennett Estimated Time: Consent Question: Does Council have any questions about the quarterly financial report as presented? Staff Recommendation: Staff recommends Council accept the quarterly report as presented. Background: The Administrative Services Department submits reports to Council on a quarterly basis to provide assurance of budget compliance and for informational and comparative purposes throughout the year. Information can be provided in differing formats and timetables at Council's request. This report includes the first six months of the fiscal year and will be the basis for projecting revenues, expenses and ending fund balances for the year and beginning budget discussions with the Budget Committee. The reports are intended to present information in formats consistent with the department, fund and business activity presentations included in the adopted FY 2009-2010 budget document and the manner in which they will be shown in the end of year report. Unaudited, detailed balance sheets, revenues and expenditure reports are available for your review in the Administrative Service Department office. Overview As identified in November, the cash balances of the City remain higher than the prior year at $22.22 million (8.2% or $1.68 million above one year ago), Only 56% or $12.56 million is unrestricted, but this is a marked improvement over the prior year's unrestricted balance of $9.7 million (47% of the total). Many factors contribute to this increase including deferred operational and capital costs and June's Water and Wastewater combined bond issue reimbursing for $1 million from cash reserves, The downside is the aging infrastructure and potential increased future costs ofrepairs and improvements. Total Ending Fund Balance at the half-year mark is $22.5 million, about $2.5 million more than the prior year and $7 million more than budgeted. This is directly attributable to reduced operational and capital expenditures and increases in utility rates. However, this is also the high point of property cash . revenues received but unspent and these proceeds will diminish through the remainder of the year. Page I of2 ...,. raa"1 CITY Of ASHLAND Due to this, fund and cash balances in the General, Debt Service and Parks funds will decrease for the next six months. Related City Policies: City of Ashland Financial Management Policies, Budget Document Appendix Council Options: Council may accept this report as presented, recommend modifications as discussed or defer acceptance (takes no action) awaiting further inforination or clarification. Potential Motions: This report is on the Consent Agenda and can be approved with other items. Ifremoved from the Consent Agenda for separate discussion one of the following motions may be employed: A. Council moves to accept the financial report as presented. B. Council moves to accept the report as modified by discussion. C. Council takes no action pending further information or clarification. Attachments: Attached is the City of Ashland financial report for the fiscal year ended December 31,2009. This report includes: 1. Financial Narrative (pages 3-8) 2. Summary of Cash and Investments as of December 31 for the last two years (page I) 3, Combined Statement of Financial Position City Wide (page 2) 4. Schedule of Revenues by Fund (page 3) 5. Schedule of Budgetary Compliance per Resolution #2009-15 as amended by Council action (pages 4-7) 6. Schedule of Expenditures by Fund (page 8) The numbers presented are unaudited and unadjusted. Page2of2 ~~, CITY OF ASHLAND Financial Narrative Summary of Cash and Investments provides an understanding of changes in the City's cash position across funds and investment types. The city-wide cash balance has increased $1.68 million between FY 2009 and FY 2010 at the end of December. The key reasons for this increase are: 1. Increased property tax and Transient Occupancy tax rates to fund programs while simultaneously cutting other expenditures to meet target balances to improve fiscal stability. 2, Reduced operational and capital spending across-the-boards where possible. 3. Reimbursed Water & Wastewater capital project costs by borrowing $1 million in June, 2009. 4. Increased enterprises' rates to meet operational needs and restore reserves. Each fund's cash varies for its own reasons. In general, total cash balances increased in the second quarter of the fiscal year as a majority of property tax revenue is received in November. Even though total cash balances are $5 million more than the first quarter of this year there are significant reduced amounts in Debt Service and intemal service funds that will not significantly rebound by the end of the year. Please note that the many of the funds with increased balances (Street, Capital Improvements, Water and Wastewater funds) also maintain significant cash and ending fund balances with restricted amounts for systems development charges, open space reserves and debt service covenants. As indicated above, cash balances for funds that rely on property taxes are significantly higher than last quarter. A good example is the Parks and Recreation Fund. At the end of September this fund's cash was about $475,000 and little or no tax receipts would be posted in October. November and December tax receipts have raised the balance to approximately $2.95 million as of this report, Cash balances for this and other funds that primarily rely on property taxes will reduce until next November. The distribution of cash and investment balances shows a shift of cash from general bank accounts and the Local Government Investment Pool to other short term investment instruments to minimize risk through a diversified portfolio. As of this report $11.5 million (54% more than the prior year amount) is invested in other city investments. The Combined Statement of Financial Position is similar to presentations in the annual financial report. It is intended to provide the reader an overall sense of the City's financial position at the present time. Unappropriated Ending Fund Balance (EFB) is $22.5 million, which represents the same $7 million above budget discussed above. The City budgeted for an all-funds reduction in EFB of $1.8 million for the year. At the halfway point it is up $2,6 million because of the recent tax Pa~c 3 of8 ~~, CITY OF ASHLAND receipts. The difference or shortfall between total resources and total requirements will worsen as property tax receipts are consumed as part of normal operations. Management has, and is, taking steps to balance changes in revenues with changes in expenditures where possible. A contributing factor is the $584,000 more than projected EFB being carried forward from FY 2008-2009. This occurred because the City departments held expenditures to a lower level than originally projected, improving EFB. Revenues and Budqetarv Resources at December 31,2009, total $32,465,189 as compared to total year-to-date requirements of $29,886,188 which results in a $2,579,001 increase to Unappropriated Ending Fund Balance. This increase is a $6.4 million positive variance as compared to the $3.8 million decrease budgeted and will be short lived since it relates to the timing of receipts (especially property taxes) and expenses (especially operations paid for by property taxes). The end result is dependant upon many factors such as variations in utility sales from weather and customer demand, tourism and tax collections, Actual Total Revenues on a city-wide basis are flat at $161,265 more than the prior year despite rate and fee increases. General tax receipts and Charges for Services (sales) are up but licenses & Permits, Miscellaneous Service Fees, Systems Development Charges and interest earnings are down, almost offsetting other category increases. Reduced sales in power and water between now and June could seriously impact the respective enterprise funds and the General Fund through decreased franchises and user taxes, No external financing has been done and only 48% of internal transfers were completed in the first half of the year. The $248,265 Transfer In represents the amount paid between funds for general debt service. The Interfund Loan amount of $80,000 is the Airport Fund repaying the Water Fund the principal borrowed when building the hangars and other capital improvements. Related interest between funds is paid through Materials & Services. Total Requirements are at 44.4% of the annual budget for this "second quarter" of the year with Personal Services at 49.6% and Materials and Services at 48.6% of budget In general this is acceptable but it indicates there will probably be greater reliance on Contingency funds since actual costs are so very close to budget. Total Operating Expenditures are over 50% with some annual costs and debt service being paid in the first half of the year. Excluding pre-payments, being at the 50% mark would indicate that most activities and related expenses have occurred evenly, leaving little room for error going into the last half of the year, Capital Outlay is only 7.3% of the annual budget and is being held low until the City detennines the projects that can be funded and moves forward in the construction season. Budqetarv Requirements activity includes the $248,265 Transfer Out mentioned above and $80,000 inter-fund loan principal repaid. City-wide Contingency unused is $1,688,000 or 2% less than originally budgeted as only $22,000 to date has been transferred with Council PallC 4 of~ ~4" ._~ CITY OF ASHLAND approval. Staff is reviewing the need for transfers in many departments and funds in the third and fourth quarters to ensure budget compliance for the year. The Schedule of Revenues by Fund provides an overview of total resources by fund for the year. It is too early in the year to make definitive predictions since many funds include financing or seasonal revenue streams that have not occurred as of the date of this report. More telling information is found later in this report in the individual fund narratives to help the reader get a .sense" of how the year is progressing, The Schedule of Budgetary Compliance is intended to present expenditures on a budget basis by fund consistent with the resolution adopting appropriation levels in the budget compliance section of the document At the half-year mark a 50% target should be considered for budgetary categories that operate all year long. Seasonal activities such as capital improvements, debt service and granting may be considerably higher or lower than the target Total appropriations were increased by supplemental budgets recognizing additional resources such as grants and miscellaneous revenues. At the time of this report two resolutions have been approved to change the budget and several more will be presented in February or March, An overview by fund is as follows: General Fund - Total revenues are 60% and expenditures are 48% with none of the budgeted $400,000 in Contingency used. Charges for Services are 55% and taxes are 63% of budget, respectively. Taxes exceed the 50% mark for multiple reasons but primarily due to the majority (89% of budget) of property.laxes received to date. The General Fund budget has been amended to fund Police expenditures twice recognizing folieited revenue and grants. Social grants, Economic & Cultural grants and the City Band are above the 50% mark for the reasons mentioned above and will come in under their respective budgets. All other departments and divisions are under the half-way mark but many are very close, indicating uncertainty about budget compliance without Contingency transfers later in the year. The annually budgeted $500 transfer to the Cemetery Trust Fund has been done. CDSG Fund - No revenue has been received with $66,845 in expenditures recorded, calling for a reimbursement request Reserve Fund - The fund has received $86,484 in transfers representing franchises paid to the Street Fund by Water and Wastewater and $255 in interest earnings. This is only 40% of what was budgeted for the year. The $215,000 budgeted may not be realized due to curtailment last fall unless significant sales are posted in the spring. Street Fund - Cash flow is positive by $226,200 due to consistent total revenues between years but significant reductions in capital and operational costs to date. All division expenditures are less than the prior year except for the Transfer to the Reserve Fund (new this year), No project borrowing has been done and total expenditures are at 22% of budget Page 5 ot's ~~, CITY OF ASHLAND Airport Fund":' Operational revenue falls short of expenditures by $8,440, No capital work has been done this year but hangar debt service has been paid with interest. Capital Improvements Fund Total Revenues are at only 26.1% in that none of the Intergovernmental Revenues of $1 ,275,000 have been received to date. Subsequently, a similar amount of Capital Projects that was to be funded by these proceeds have not been done. Internal Charges for Facility Services are at 50% and Miscellaneous Service fees are at the two-thirds mark for half the year, Expenditures are 24% of the budget resulting in $201,830 positive impact on ending fund balance, This fund is doing well as long as financing solutions are identified in advance of Capital Improvements being made. Debt Service Fund - Revenues to date are $9,006 less than the prior year and total $1,270,878 (including Telecommunications Fund's $356,000). Debt service payments are at $1,805,292 (75,5%) of budget This has resulted in a negative cash flow of $534,414, reducing Ending Fund Balance to $538,370 or to a point of $610,743 (53%) below the budgeted $1,149,113. This relates to the draw on the fund caused by a higher Telecommunications debt service that is no longer covered by windfall monies from BPA, EFB is expected to be stable through to next year but added revenue is needed to meet all . debt service requirements in FY 2010-2011, . Water Fund - Revenue from water sales has remained flat despite significant increases in the prior year. Curtailment negatively impacted this fund by restricting revenue while water treatment costs increased, Unrestricted reserves come close to requirements but leave no room for cash funded improvements or studies, Water Operations is at 51,5% of budget despite spending $83,000 less than the prior year. All other divisions are below the 50% mark except for those relating to debt service. No borrowing has been budgeted this year and most capital projects are on hold until cash availability and fi'nancing has been determined, Most of the fund balance is restricted from operational use, Wastewater Fund - Expenses exceed Revenues by $270,976 with half of the DEQ annual debt service made, Last year the difference at December 31 was twice as much. Charges for services are at 47.7% and Tax revenue (80% of Food & Beverage Tax proceeds) is only 35,9% year-to-date. Significant F&B tax payments will be recorded in the second half of the year but consumed by the debt service payment for the treatment plant All divisions are below the 50% mark since capital projects have been delayed awaiting financing decisions, External borrowing is budgeted at $450,000 and will be needed if capital projects are to proceed. The Food & Beverage Tax revenue has been renewed so rates will not need to increase to replace that revenue stream, just to meet operational cost increases and new improvements that are needed. F&B revenues for the year are similar to the same time last year. DEQ reduced the requirement for restricted cash from $1.76 million to approximately $876,000 to satisfy ,loan covenants thus unrestricted cash reserves come close to the 15% target but leave little room for cash-funded improvements or studies, Electric Fund - Total Expenses are above Revenues by $323,687 with the Ending Fund Balance at $1.3 million or twice the amount budgeted. This improved situation is due to a $250,000 better Carry Forward from the prior year than anticipated, Recent warm weather Page 6 orB ~~, CITY OF ASHLAND will negatively impact sales and the bottom line into Spring when wholesale power rates are at their lowest. Only the Supply Division is below the 50% mark at this time because of less wholesale power purchased per lower demands from our customers. Staff believes the City has the ability to meet or exceed the budgeted EFB and target despite pressures to fund the 1-5 crossing underground this year. It will take a transfer from Contingency but there is considerable potential for positive cash flows in the last half of the year. Telecommunications Fund - Revenues are 49% and expenses are 46% of budget mark but posting a $105,703 negative impact on EFB. This is $90,000 better than the prior year; primarily due to the open management position. Telecommunications pays $356,000 of the AFN $1.4 million debt service and that contribution has already been made in full. Despite that early payment the EFB is $824,240 or 253% of budget at the time of this report Another positive carry forward above the target is projected this year but staff will have to continue monitoring and managing changes in technology and related revenue and expense streams in the coming years. The increased EFB will be needed to help the City meet it's debt service requirements in the Debt Service Fund. Central Services Fund - Revenues and Expenditures are near breakeven with $24,000 in negative cash flow for the first half of the year resulting from revenues at 49% and expenditures at 48% of budget. The fund balance was budgeted to drop $157,648 for the year so the fund is doing better than expected yet carry forward from the prior year was $212,044 less than projected. Several departments are at or above the 50% mark and will require adjustments by the end of the year due to unanticipated costs. The fund balance is at a minimum comfort level of approximately $137,000. Insurance Services Fund - Expenses total $482,544 (53% of the amended budget) including annual premiums being paid in the first two quarters. Revenue to date is $344,608 (51% of budget). EFB is stable and close to the amount budgeted but extremely low when compared to the amount and types of activities the City operations involve. The City should increase this reserve whenever possible due to changes occurring in the liability and workers compensation programs. Equipment Fund - Revenues are $732,267 or 47% of the budget. Expenditures to date are $365,300 or 31%, An interfund loan $625.000 remains outstanding and should be repaid in FY 2010-2011, In spite of the loan the EFB is close to target due to delayed equipment replacements and the fund balance should improve through June, Cemeterv Trust Fund - Charges for Service are 33% of budget Interest earnings are at 21 %. Monthly Interest earnings are transferred to the General Fund during the year and were intentionally estimated high to avoid the need for a budget adjustment comply with the Ashland Municipal Code and Oregon Budget Law. The EFB is $797,707. Staff is reviewing the funding commitments and potential for changes to the requirements between this fund and the General Fund Cemetery operations. Parks and Recreation Fund - Revenues are ahead of Expenditures at this point by $1.6 million due to sizeable distributions of property taxes in November. Divisional expenses average 48% of the budget with Charges for services at 80%. The $2.95 million ending fund 1'l1ge 7 of 8 ~.l' CITY OF ASHLAND balance will continually drop through June and into October as expenditures funded by property taxes reduce the amount. APRC should set this fund's target EFB at an amount sufficient to carry it through to tax distributions in the following November. Ashland Youth Activities Levv Fund The levy ended two years ago, Any tax receipts and disbursements relate to prior years and must still conform to the levy's requirements, Tax receipts to date are $22,020. An expenditure of monies received to date will be made in January per the original agreement with the school district Parks Capital Improvements Fund - Revenues for charges for service and interest earnings are small and total $4,349. No Capital expenditures have been made this year but the EFB is still only $171,340 or 59.7% of the amount budgeted. Unaudited, detailed balance sheets, revenues and expenditure reports and fund statements are available for your review in the Administrative Services Department office should you require any additional information. _._..J.'3.l!tc S 0 f g ~~, City of Ashland Summary of Cash and Investments December 31, 2009 Balance Balanco Chan90 From Fund December 31, 2009 Ilocomber 31, 2008 FY 2009 General Fund $ 3,979,903 $ 3,585.433 $ 394,470 Community 8M Grant Fund 4,149 35,961 (31,812) Reserve Fund 88.739 88.739 Street Fund 2.587.119 2,054.839 532,280 AiIjlOf1 Fund 8,324 88,846 (80,522) Capitallmprovemenls Fund 1.682,404 847,126 835,2'16 Debt Service Fund 538,753 1.264.698 (725.945) Water Fund 2.097,271 1.652,037 445.234 Wastewater Fund 3.270.360 3,116.184 154.176 Electric Fund 824,807 603,690 221.117 T elcoommunications Fund 670.913 565.429 105,484 Central _ Fund 313.318 843,345 (530.027) Insuranco $om"" Fund 855.352 970,325 (114.973) Equipment Fund 1,213,442 1,121.203 92.239 CemcIOl)' TrusI Fund 799.514 778,882 20,652 $ 18.932.369 $ 17,527.979 S 1.404.390 Pa",s & Recreatioo Agency FunO 3,284.261 3.010.452 273,809 3.284.261 3,010.452 273,809 T olal Cash Distribution $ 22.216.530 $ 20.538,431 S 1,678,199 Manner of Investment Polly Cash $ 3,210 S 3,580 S (350) General Ban~"9 Ac:counts (94,890) 1,585,695 (1,680,585) local Government lnv, Pool 1O.791}01 11,489,329 (697,626) City Investments 11.516.608 7.459,847 4,056.761 Total Cash and Investments $ 22,216.630 $ 20,538.431 $ 1,678.199 Dollar OI&tributlOf'l Cash Balance Distribution """" Judg:lon~ 400.(01))'\ j>MQfnl~ '" \ T"'" '''''' Ni'J1;TOO IS" SOC's \, ~% CtMblSf!rVices, -~ IiIir '~rol~'" """""'" ~~----- -,- MOhw(G.wllI 29%.... .^ '~ '. -- $12.654,450 "" -- 56" 1.413,860 --- q '-. '" 'I ". ~,typ. 'I _. ---li-""""" '" &17,.938 't S1J7487 2% 1% S;~~Il);v'3IH1!llil.'" 0>"",," City of Ashland Combined Statement of Financial Position City Wide For the sixth month ended December 31, 2009 Fiscal Year 2010 Percent Fiscal Year 2009 Year~To..oate Fise;l.l Year 2010 Collected I Year.To-Date Resource Summary Actual. Amended Expended Balance Actuals Revenues Taxes S 11 ,875,670 S 18,157,555 65.4% $ (6,281,885) $ 11.251,138 Licenses and Permits 235,213 612,500 38.4% (377,287) 556,428 Intergovernmental Revenues 889,659 5,530,116 16.1% (4,640,457) 725,592 ClIarges lot SC!Vices . Rale & Intemal 18,215,640 35.897,405 50.7% (17,681,7651 17,181,nG Charges IQ( Services. Misc. Service fees 267,198 666,170 40,1% (398,972) 806,960\ System Developmenl Charges 140.758 78,450 179.4% 62,306 183,926 Fines and Forfeitures 93,863 142,000 66.1% (48,137) 85,795 Assessmool Payments 2,496 16,110 13.8% (15,614) 13,640 Interest on Investments 103,885 375,300 29.0% (266,415) 215,487 Miscellaneous Revenues 307,544 465,165 66.1% (157,621) 947,064 Total Revenues 32,136,924 61,942,771 51,9% (29,fW5,847) 31,967,809 Budgetary Re:sourtes~ Other Financing Sources 965,600 0.0% (965,600) 458,961 lnterfund loans, 80,000 80,000 100.0% Tmnsfers In 248,265 513,546 48.3% ' (265,281) 166,384 Total Budgelaty Resources 328,265 1.559,146 21.1% (1.230,881) 625,345 Total Resources 32.465,169 63,501.917 51.1% 131,036,7211) 32.593,153 Requirements by Classification Personal Sorvices 11,287.155 22)35,023 49.6% 11,447,868 11,473,104 Materials and Services 14,398,355 29,603,917 48.6% 15,205,562 15,149,870 Debl Service 3,316,589 5,088.701 65.2% 1.772.112 3,121.610 Total Operating Expenditures 29,002,099 57,427,641 50.5% 28,425,542 29.744,584 CapitalCOtISlrucliOll Cap.,1 Outlay 555,824 7.580,854 7.3% 7,025,030 2,441.455 Interfund loans 80,000 80,000 100,0% 310,000 Transfers Out 248,265 513,546 48.3% 265,281 166,384 Conungencies 1,666,000 0.0% 1,666,000 Total8udgelary Requirements 328,265 2.281,546 14,4% 1,953,281 476,384 Total Requirements 29,886,188 67,290,043 44,4% 37,403,853 32.662.423 Excess (DefICiency) 01 Resources 0Vl!f ReQuirements 2,579.001 (3.788,126) 168.1% 6,367,127 . (69,270) Working CaPital Carryovel" 19,935,261 19,351,053 1030% 584,208 20,052.793 Unappropriated Ending Fund Balance S 22,514,262 $ 15,582,927 144.7% S 6,951,335 S 19,983,523 6;~~AIcnlt::lol<;11<i;>(llo.<!J Gll"J'JXlIO 2 City of Ashland Schedule of Revenues By Fund For tho sixth month ended December 31, 2009 Flsca' Year 2010 Fiscal Y..r 2009 Year.To-Date Fiscal Year Percent to Ycar.To--Dato Revenues by Fund Actuels 2010 Amended Budget Balance Actuals City General Fund $ 8}02,596 $ 14,467,838 60.2% $ (5}65,242) $ 8,358,706 Communily Block Granl Fund . 493.958 0.0% (493,958) Reserve Fund 86.739 215,000 40.3% (128,261) Slreet Fund 1,542,786 5.427,095 28.4% (3,884,309) 1.544.484 Airport Fund 50,138 108,000 46.4% (57,862) 49,254 Capilallmprovemenls Fund 748,661 2.870,055 26.1% (2.121,394) 1,071,246 Deb! SeNtee Fund 1,270,878 2,086.296 60.9% (815.418) 1.279,884 Water Fund 2,817.265 4,806,295 58.6% (1,989,040) 2,822.687 Waslewater Fund 2.220,127 5.480,125 40,5% (3,259,998) 1.989,293 Electric Fund 6,214.271 12,497.900 49.7% (6,253,629) 6.147.497 TclecommUfllcalions Fund 912.776 1,861,500 49.0% (948.724) 832,525 Central Services Fund 2.845,971 5,811,850 49.0% (2,965,879) 3,009,778 Insurance Services Fund 344.608 650.000 50.7% (335.392) 439.051 Equipment Fund 732,267 1,550.200 47.2% (817.933) 679.321 Cemelery Trusl Fund 13,172 40.500 32.5% (27,328) 19,463 Total City Components 28,502,245 58,396,612 48.8% (29,894.361) 28,293.189 Parks and Recreation Component PaiY.s and Recrealion Fund 3,936.574 4.921.305 80.0% (984}31) 4.231,095 Ashlond Youlh Adlvllies Levy Fund 22.020 100.000 22.0% (77,980) 56.406 Parks Capilallmprovemenl Fund 4.349 84,000 5.2% (79,651) 6,463 Total Parks Components 3,962,943 5,105,305 77.6% (1,142,362) 4,299,964 Tolal City 32,465.189 63,501,911 51.1% (31,036,128) 32.593,153 Working Capital Carryover 19.935.261 19.351,053 103.0% 584.208 20.052,793 Tolal Budgel S 52.400.450 S 82,852,910 63,2% $ (30,452,520) S 52,645,940 1H;o-~~o..:)I~,1GIil~" OI!~7\HO 3 City of Ashland Schedule of Budgetary Compliance Per Resolution #2009-15 As Amended by Resolutions # 2009-23, 2009-30, 2009-32 For the sixth month ended December 31, 2009 Flsc.1 Ye.r 2010 Ye.roTo-Date Fiscal Year 2010 Percent Actuals Amended Used Balance General Fund Administration S 92,994 S 201,590 46.1% S t08,596 Administration 0 Library 172,394 355,088 48.5% 182,694 Administration 0 Municipal Court 207,561 419,924 49.4% 212,363 Administrative SeMces 0 Social Services Grams tI8,442 120,342 98.4% 1.900 Administrative SeMces 0 Economic & Cultural Grants 363,317 570,000 63.7% 206,883 Administrative Services. Miscellaneous 23,045 45,000 51.2% 21,955 Administrative Services 0 Band 38,965 57,619 67,6% 18,654 Police Department 2,674,679 5,578,363 47.9% 2,903,884 Fire and Rescue Department 2,521,900 5,085,705 49.6% 2,563,805 Public Worts. Cemetery Dillisk>n 147,971 310,305 47.7% 162,334 Community Deveklpment . Planning Division 515,555 1,214,363 42.5% 898,808 Community Development Building Division 326,645 656,331 49,8% 329,686 Transfers 500 500 100.0% Contingency 400,000 0.0% 400,000 ' Total General Fund 7,203,969 15,015,130 48.0% 7,811,161 Community Development Block Grant Fund Personal Services 20,963 38,000 55.2'1. 17,037 Materials and Services 45,882 455,958 10,1% 410.076 Total Community Development Grant Fund 66,845 493,958 135% 427,113 Street Fund Public Works. Stroot Operations 947,148 4,140,888 22,9% 3,193,740 Public Worts. Storm Water Opelations 272.945 620,878 44.0% 347,933 Public Worts. Transportation SDC's 2A80 274,000 0.9% 271.540 Public Worts. Storm Water SDC's 561AOO 0,0% 561 AOO Public Works. Local Improvement Districts 7,548 196,098 3.8% 188,550 Transfers 86,484 215,000 40.2% 128,516 Contingency 88,000 0.0% 68,000 Tolal Street Fund 1,316,585 6,076,264 2U% 4.759,679 Airport Fund Materials and Services 40,910 78,750 51.9% 37,840 Debt Service 19,268 38,537 50.0% 19,269 Other Financing Uses (Inlerfund Loan) 80,000 80,000 100,0% Contingency 5,000 0.0% 5,000 Total Airport Fund 140,178 202,287 693% 62,109 iH~~OK31 rYmh}~\l. Cl,'Z1IiOIO 4 Schedule of Budgetary Compliance Per Resolution #2009-15 As Amended by Resolutions # 2009-23, 2009-30, 2009-32 For the sixth month ended December 31,2009 Fi$Cal Year 2010 Year.To-Dale Fiscal Year 2010 Percent Actuals Amended Used Balance Capital Improvements Fund Parsonal Services 89,801 181.905 49.4% 92,11l4 Matarials and Services 177 .173 361,905 49.0% 184,732 Capilal Oullay 122.793 1,0108.690 8.7% 1,285.897 Transfers 157.062 278,046 56,5% 120.984 Contingency 50.000 0.0% 50,000 Total CapUallmprovamenls Fund 546,830 2,280,546 24,0% 1.733.716 Debt Service Fund Debt Service 1.805,292 2,390,535 75.50/, 585.243 Total Debt Service Fund 1.805.292 2,390,535 75,5% 585,243 Water Fund Electric - Conservation 87,839 178,292 49.3% 90.453 Publ~ Worlts. Forest Lands Managemenl oivisioo 87.528 260.420 33.6% 172,892 Publ~ Woos. Water Supply 108,519 315.616 34.4% 2()7.097 Publ~ Worlts. Water Treatment 507,627 1.120,748 45.3% 613.121 Publ~ Woos - Water Division 1.253,936 2,0136,783 51.5% 1.182,84/ Publ~ Worlts . Reimbursement SoC's 6,044 328,750 1.8% 322,706 Public Worl<s - Improvement SoC's 15,088 266.250 5.7% 251.162 Public Works. Oebl SoC's 108,879 123,446 88.2% 14,567 Cootingency 139.000 0,0% 139,000 T etal Water Fund 2.674,826 5.802,823 46.1% 3.127,997 WasteWater Fund Public Worlts . Wastewaler Collection 790,027 1,658,499 47,6% 888.472 Public Worl<s - Wastewater Treatmenl 839,772 2,155.544 39.0% 1.315,772 Public Worlts . Reimbursements SDC's 931 127,890 0,7% 126.959 Public Worl<s . Improvements SoC's 67 550.000 0.0% 549.933 Debt Service 860,306 1,877,557 45.8% 1,017,251 Contingency 150,000 0.0% 150,000 Total Wastewater Fund 2,491.103 6.519,490 38.2% 4.028.387 Electric Fund Electric. Conservation Division 413,925 594,498 69,6% 180,573 Electric. Supply 2.883.060 5.905,204 48.8% 3.022,144 Electr~ - Distribution 2,745,342 5,432.581 50.5% 2.687.239 Electric - Transmission 472.152 903,600 52.3% 431.448 Debt Service 23.479 25.108 93.5% 1,629 Contingency 372.000 0.0% 372.000 Total Electric Fund 6.537,958 13,232.991 49.4% 5,695.033 Ir~Aowto.:JIFi'201a,I!:l OIfZ$Ql)I!J 5 Schedule of Budgetary Compliance Per Resolution #2009-15 As Amended by Resolutions # 2009-23, 2009-30, 2009-32 For the sixth month ended December 31, 2009 Fiscal Year 2010 Year.To-Dale Fiscal Year 2010 Percent Actuals Amended Used Balance Telecommunications Fund IT .Internel - 532,238 1,364,228 39.0% 831,990 IT - High Speed Access 130,241 387.834 33.6% 257.593 Debt. To Debt Service Fund .. 356,000 356.000 100.0% Connngency 100.000 0.0% 100,000 Total. Telecommunications Fund 1,018,479 2.208,062 46.1% 1,189,583 .. Note: In Intemel appropriaiion Central Services Fund Administration Department 650,4 70 1.326,566 49.0% 676.096 Administrative Services Department 857,899 1.679,890 51.1% 821,991 IT ~ Computer Services Division 564,310 1,145.133 49.3% 580.823 City Reccrder 147.819 277,539 53.3% 129.720 Public Works. Administration and Engineenng 649.428 1.383,370 46.9% 733,942 Contingency 157,000 0.0% 157.000 Total Central Services Fund 2,869,926 5,969,498 48.1% 3,099,572 Insurance Services Fund Personal SeMces 39,728 80,130 49,6% 40,402 Malenals and Services 442,816 680,803 65.0% 237,987 Contingency 150,000 0.0% 150,000 Total Insurance Services Fund 482,544 910,933 53.0% 428.389 Equipment Fund Pe""".1 Services 139,824 288,120 48.5% 148,296 Materials and Services 224,037 515.009 43.5% 290,972 Capilal Outlay 1,439 334,000 0.4% 332.561 Contingency 47,000 0.0% 47,000 Total Equipment Fund 365.300 1.164,129 30.8% 818,829 Cemetery Trust Fund Transfers 4,219 20.000 21.1% 15.781 Total.Cemotel)' Trust Fund 4,219 20,000 21.1% 15.781 ~r~~Owc3,.(2:)lD.<b. 'W1MO~ 6 Schedule of Budgetary Compliance Per Resolution #2009-15 As Amended by Resolutions # 2009-23, 2009-30, 2009-32 For the sixth month ended December 31. 2009 Fiscal Year 2010 Year.To-Date Fiscal Year 2010 Percent Actuals Amended Used Balance Parks and Recreation Fund Pat1<.s Division 1.617.180 3,319,100 48.7% 1.701,920 Recreation Division 535,004 1,115,875 47.9% 500,871 GoII DMsion 209,949 398,420 52.7% 188,471 Contingency 50,000 0.0% 50,000 Total P.rl<s and Recreation Fund 2.362,133 4,883,395 46.4% 2,521,262 Youth Activities Levy Fund Malerials and Services 100,000 0.0% 100,000 Total Youth Activities Levy Fund 100,000 0.0% 100,000 Parks Capital Improvement Fund Capital Outlay N/A Total Parl<s Capital Improvement Fund N/A Total Appropriations $ 29,886.188 S 67,290,043 44.4% $ 37,403,855 6FinandillR<n<>1000::Jl/.;rola", CI'2Y2'OI() 7 City of Ashland Schedule of Expenditures By Fund December 31,2009 Fiscal Year 2010 Fiscal Year 2009 Year-To-Dale Fiscal Year Percent Year. To-Date Requirements by Fund Actuals 2010 Amended Expended Balance Actuals City Funds General Fund $ 7,203,969 S 15,015,130 48.0% $ 7,811,161 $ 7.568,396 Community BIocI< Grant Fund 66,845 493,958 13,5% 427,113 10,234 Reserve Fund NIA S!reetFund 1,316,585 6,076,284 21.7% 4.759,679 1,646,268 Airport Fund 140,178 202,287 69,3% 62,109 47,340 Capitallmprovemenls Fund 546,830 2,280,546 24.0% 1.733.716 1,317,660 Debt Service Fund 1,805,292 2,390.535 75.5% 585,243 1,672,520 Water Fund 2.674.826 5,802,823 46.1% 3.127,997 2.735,964 Wastewater Fund 2.491,103 6,519,490 38.2% 4.028,387 2,543,390 Electric Fund 6,537,958 13,232,991 49.4% 6,695,033 6,512,022 Telecommunications Fund 1,018,479 2,208,082 46.1% 1,189,583 1,On.979 Central Services Fund 2,869,926 5,969,498 48,1% 3,099,572 2,829,175 Insurance Services Fund 482,$44 910,933 53.0% 428,389 897.059 Equipment Fund 365,300 1,184,129 30,8% 818,829 909,043 Cemetery Trust Fund 4,219 20.000 21.1% 15.781 9.447 T olal City Components 27,524,054 62,306,646 44.2% 34,782,592 29,n6,495 ~arks and Recreation Component Parks and Recreation Fund 2,382,133 4,883,395 48.4% 2.521,262 2.566.609 Youll1 Activities Levy Fund 100.000 0.0% 100.000 168,237 Parks Capital Improvements Fund N/A 151,082 Total Parks Components 2,362,133 4,983,395 47.4% 2,621,262 2,885,927 Total Requirements by Fund 29,886,188 67,290,043 44.4% 37,403,853 32,662,423 Ending Fund Balance 22,514.262 15,562,927 144.7% 6,951,335 19,983,523 Total BUdget $ 52,400,450 $ 82,852,970 63,2% $ 44,355,188 $ 52,645,946 fih,~Rt;lI:IlCec11F,,(W1Q..n Ql!1~U) 8 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept:: Approval: Annual Report on Sweatshop Free Purchasing Policy February2,2010 Primary Staff Contact: Lee Tuneberg Administrative Services E-Mail: tuneberl@ashland.or.us None Secondary Contact: None Martha Benne Estimated Time: Consent Question: Does Council have questions regarding the City's purchasing practices or participation in the national coalition promoting changes in factory working conditions? Staff Recommendation: Staff asks Council to accept this report, Background: The City adopted A Resolution for a Sweatshop Free Procurement Policy No, 2008-45 on December 16,2008 and approved an administrative policy supporting the resolution on May 19,2009. Both documents are intended help State and local Governments use leveraged purchasing power to improve poor working conditions and hostile environments in the garment industry, City of Ashland has joined an international consortium which includes the states of Maine and Pennsylvania, cities of Austin, Milwaukee, New York, San Francisco and Portland, Oregon, to mention a few, The cost is $500 per year at this time. During the year, Administrative Services staff spent over 20 hours participating in teleconferences with other agencies and probably a like amount of time researching vendors and purchases made by Ashland, The goal was to determine whether city purchases are made from questionable factories. Staff has also researched how Ashland can change local practices to effect changes in working conditions, Since the City spends so little on uniforms (in comparison to other consortium members) it is difficult for Ashland to ensure representations made by direct suppliers and catalog houses are true. This holds true for agencies much larger than the City. We heard from them that certifications and testimonies remain difficult to validate for single purchases, even those many times the size of Ashland's total uniform budget. At this point, the effort is one of raising the awareness of working conditions and employee rights violations over the short term and improvement of conditions over the long term, Documented improvements in working conditions may be fleeting since phases of production can be readily shifted to another site, Without the consortium's concerted effort, leveraging cooperative purchases and certification of sweat-free production through documentation and inspection, changes will be slow, However, the increased interest and number of participating jurisdictions is growing and may soon generate positive influence on manufacturers through buying power and onsite inspections. Consortium members are looking at better ways of sharing information to confirm or refute Page I of2 r~' C I'T Y 0 F ASHLAND manufacturer claims of compliance with acceptable workplace standards and fairness and safety for employees. The end result will be better working condition for employees brought about by the leveraged purchasing power. As one ofthe early members, City of Ashland has been asked to take part in incorporating the consortium and staff is reviewing the implications, The City will also look at the feasibility of amending purchasing rules to grant preferences to "certified" garment suppliers or a formal exemption from purchasing rules when "piggy-backing" through this consortium or other agency contracts that provide the product desired with a verifiable certification, even if the cost may be higher than what could be obtained through another source that does not have the necessary documentation. Related City Policies: Resolution 2008-45 Administrative Policy # Council Potential Motions: Move to accept the report. Attachments: Resolution 2008-45 Administrative Policy Page 2 of2 r~' RESOLUTION NO. 2008- '1S" A RESOLUTION FOR A SWEATSHOP FREE PROCUREMENT POLICY Recitals: A. The City spends approximately, $85,000 annually in public funds on uniforms and clothing. B, Some vendors of uniforms and clothing obtain clothing through their supply chain from contractors that utilize sweatshop labor. C, ~Sweatshop labor" means serious and repeated violations of laws of the jurisdiction where the work is performed or violations of core labor rights as defined by the International labor Organization pertaining to non-poverty wages; employee benefits; health and safety, including exposure to hazardous toxic substances; labor, including collective bargaining rights; environmental conditions; nondiscrimination, harassment or retaliation, including laws prohibiting workplace and employment discrimination; freedom of association, and building and fire codes, In addition, it includes work performed by any person under a contract or subcontract that constitutes foreign convict or forced labor or abusive forms of child labor or slave labor. D, Contractors who engage in such serious and repeated violations are not "responsible" contractors as defined by ORS 279C,375(3) because such contractors do not have a satisfactory record of performance or a satisfactory record of integrity. E. The City does not wish to purchase goods and services that depend on sweatshop conditions that deprive people oItheir legal rights and dignity. F, The City Council wishes to ensure that the firms it contracts with to provide uniforms and clothing act with integrity and follow applicable local laws of the country of production and International labor Organization standards, and that other subcontractors in the uniform and clothing supply chain also act with integrity and follow the local labor laws and Intemational labor Organization standards (hereafter referenced as "Sweat Free Procurement"). G, The City Council wishes to ensure the integrity of its procurement process by not using contractors or subcontractors who engage in Sweatshop Labor practices, Such practices place responsible contractors at a competitive disadvantage and dissuade them from doing business with the City, H. By adopting this resolution, the City Council does not preclude the City or its contractors or subcontractors from doing business with any foreign country, I. Sweat Free procurement is a form of ethical purchasing, J, There is a proposed State and local Government Sweatfree Consortium that would investigate and address working conditions of uniform and clothing suppliers' factories through worker outreach and education, independent monitoring of working conditions, and Page 1 of 2 by leveraging buying power on behalf of govemment entities affiliated with the Consortium, THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The City Council wishes to create and implement a detailed Sweat Free Uniform and Clothing Procurement Policy, SECTION 2, City staff will develop a policy for City Council approval within six months, SECTION 3, The City supports the creation of the State and local Govemment Sweat Free Consortium to collaborate with other public agencies to share information and cost of independent monitoring of working conditions in supplier factories, The City Council intends on becoming a member of this Consortium after it is created, SECTION 6, This resolution was duly PASSED and ADOPTED this 16th day of December, 2008, nd takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this ~ day of ,J-~ . 2008, . Page 2 of 2 , ADMINISTRATIVE POLICY lmlim LAsr MODIFICATION: Jo.016, 2009 09-06.01 ORIGINATING DEPARTMENT: Administrative Services Department SUBJECT: Sweatshop Free Procurement per Resolution 2008-45 PURPOSE: To ensure the integrity of the City's purchasing program in regards to purchases of uniforms and clothing by not acquiring such items that are proved to be the product of sweatshop labor and to support joint efforts for Sweat Free Procurement with peer agencies where financially feasible, STATEMENT OF POLICY: The City will use its purchasing procedures and spending authority to promote the improvement of working conditions in the world by avoiding the acquisition of uniform and clothing items that cannot be certified as being the product of a 'sweat free" environment (not the product of sweatshop labor as defined in Resolution 2008- 45). In order to do this, the City, through the Purchasing Agent, department heads and others authorized to directly purchase or approve the purchase of clothing and uniforms will: 1. Require a signed statement from all potential bidders or suppliers of subject items with the names, complete physical addresses, phone numbers, and contact persons of each production facility to be involved in the production of the proposed products. 2, Require a statement by any potential supplier that it understands its obligation to ensure that all applicable production facilities adhere to the sweat free environment standards as defined in Resolution 2008-45. 3, Require any vendor, contractor or subcontractor remedy noncompliance if evidence is found that the product (or material portions of the product) was manufactured in a sweat shop environment. Upon determination of a violation of the sweat free standard at a production facility of a contractor or its supplier, the intention is for the situation to be corrected in order to comply with the sweat free requirement. If The Consortium or its authorized agent finds that a violation has occurred and that the contractor refuses or fails to ensure that the violation is expeditiously remedied, the City may terminate the contract without notice. 4, Give preference to any vendor and product that meets the required minimum standards of the purchase if certification is readily provided that proves location of manufacture and there is a belief that it is a product of a sweat free environment. ADMINISTRATION 20 East Main Street Ashland, 0Ieg0n 97520 WWoYJtShland.OtUS Tel: 541-488-6002 Fax: 541.olSS-5311 flY: 8OtJ.735-2900 ADMINSTRATlYE POLICY - S~':ea~ShO!'i r fee 010Cl1'2,"(>fI' 2 5, Document information provided to support the selection of the vendor and product purchased. City agents may take advantage of procurement processes or research by other government agencies in Oregon and Washington that confirm the product is from a sweat free environment and, where feasible and allowable, purchase such products that meet the City's need directly from that supplier. Government Services Administration (GSA) contracts may also followed if the contract bid documents certify the product is from a sweat free environment supplier, City will allow other government agencies to take advantage of its research and purchasing decisions to support their efforts to implement sweat free procurement. The City will join the Sweat Free Purchasing Consortium and pay annual dues as required provided no specific 1055 of funding for this program, membership or related activities through the annual budget process of the City, This policy pertains to uniforms and a'rticles of clothing purchased directly by the City for its employee use or distribution to the public. Reimbursement by the City to individuals for purchases under $500 is exempt. Approved: Date: Marthe Bennett, City Administrator Reviewed as to form: Date: RichanJ Appicello, City Attorney ADMINISTRATION 20E Main Street AshIaI1d, Oregon 91520 WWW.ashlaOO,or,1IS Tot 541-488-0002 Fax,541-168-5311 ffi: 800.735-2900 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Required Annual Report - V erde Villa~e February 2, 2010 Primary Staff Contact: Derek Severson Planning E-Mail: seversodcZi1ashland.or.us Legal Secondary Contact: Bill Molnar Martha Bennet Estimated Time: Consent Question: Does Council accept the attached annual report relating to the Verde Village development as demonstrationthat both the City and the developer are in compliance with the Development Agreement? Staff Recommendation: Staff recommends that Council accept the attached annual report as satisfying the requirements of the Verde Village development agreement and find that the City and the developer are in compliance with the conditions of the Development Agreement. Background: Planning Action #2006-01663 was approved in 2006 annexing approximately 11.64 acres, changing the Comprehensive Plan Map and Zoning Designations, and granting Outline Plan approval for a 68- unit development which included a Physical & Environmental Constraints Review Permit, an Exception to Street Standards, and Tree Removal Permits, Final Plan and Site Review approval for the first phase of the development (aka the "Cottage Community") was granted with Planning Action #2008-01853, and the 15 required affordable units (aka "Rice Park") included in the first phase were granted Final Plan and Site Review approval with Planning Action #2008-01731. As part of the approval process, the City and the project's developer Wilma LLC ,entered into a development agreement with the adoption of Ordinance #2945 on December 20, 2007, In July of 2009, the first amendment to the development agreement was signed to allow for administrative extension oftimetables by the Planning Director as allowed under the original development agreement. The first of the Rice Park affordable housing units, an element of the first phase, are now under construction, Civil plans for the remaining infrastructure are in the final stages of review by the Engineering Division, and the applicants explain in the attached report that the development remains a viable project, with 15 lots reserved, and that they are actively pursuing financing with plans to begin construction as soon as financing is secured, Related City Policies: Ashland Comprehensive Plan - Housing Element Policy VI-3)c Performance standards shall be used to regulate new developments in Ashland so that a variety of housing types built for the site and imaginative residential environments may be used to reduce cost and improve Ihe aesthetic character of new developments and decrease the use of traditional zoning and subdivision standards, Page lof2 r~' CITY OF ASHLAND Council Options: I) Accept the attached annual report as satisfying the reporting requirements of the Verde Village development agreement and find that the City and the developer are in compliance with the conditions ofthe development agreement. 2) If the Council believes the report demonstrate failure to comply with the terms of the Development Agreement by either party, the report and agreement may be forwarded to the Planning Commission for recommendations, Potential Motions: N/ A - Consent Attachments: . December 2009 Annual report provided by Greg Williams for Wilma LLC Please note: the original Development Agreement can be found on-line in the December 18, 2007 Council packet. Page2of2 r~' Annual report to the City of Ashland Regarding the Verde Village project December 2009 This report is intended to meet the requirements of Section 17 of the Development Agreement for Verde Village, December 9, 2008 Ashland Flower Shop and Greenhouses Inc. donated the land to Rogue Valley Community Development Corporation, for the affordable housing component of the Project. January 5, 2009 the remainder of the land was sold to WILMA LLC the development company, June 17, 2009- The First amendment to Verde Village Development agreement to reflect administratively approved extension of Time was signed- This agreement gave an extension of 12 months to all dates in the development agreement. June 3D, 2009- WILMA LLC and RVCDC signed a Trust Deed and Easement Agreement. This made it possible for RVCDC to start construction, July 2009 Rogue Valley Community Development Corporation started construction on Almeda and the affordable housing, November 2009 - The section of the multi use path around Rice Park was completed, November 2009 - The extension of Almeda to Rice Park was completed, November 2009 - Construction of the affordable housing units was started. WILMA LLC has not been able to start construction due to the very tight financing market. The project is a viable project, 15 lots have been reserved, We are actively looking for financing and plan to begin construction as soon as financing is secured, "Z r~ "bm"" . .Vl Grego Williams WILMA LLC . Managing Member RECEIVED Date \~0? Cl~ ~. DEe 042009 City of Ashland Field_Office_County_ CITY OF ASHLAND Council Communication Street Pennants - Minimum Standards, Fees & ProRram Policy Meeting Date: Department: Secondary Dept.: Approval: February 2, 2010 Administration Legal Martha Benne Primary Staff Contact: E-Mail: Secondary Contact: Estimated Time: Adam Hanks adam{alashlandor. us Ann Seltzer Consent Question: Will Council approve the attached resolution establishing minimum standards, fees and program policy for the installation of Street Pennants in the public right of way? Staff Recommendation: Staff recommends that Council approve the attached resolution establishing minimum standards, fees and program policy for the installation of Street Pennants and Banners in the public right of way, Background: Street Pennants are vertically oriented, one-piece fabric material installed on street light poles, Banners are horizontally installed and may be attached to independent poles, buildings or street light poles. At the City Council Study Session on November 2, 2009 the Council directed staff to seek input from the Ashland Chamber of Commerce on the proposed Street Pennant Program, At the request of the City the Chamber organized an ad hoc task force to meet with City staff and to review the plan, The task force focused their review and comments on the Downtown Zone. The task force asked for the following changes to the draft: I) Edit "eligible entities" in the Downtown Zone to include recipients of Economic and Cultural Development Grants. Eligible entities now include Economic and Cultural Development grant recipients, such as the Chamber of Commerce and the Oregon Shakespeare Festival, as well as the Ashland School District, Southern Oregon University and the City of Ashland in the Downtown Zone, (Eligible entities in other designated zones include only the City, the ASD and SOD.) Reasoning: The task force agreed that pennants are good for the downtown; they sustain and potentially increase business, They agreed that the pennants add color and interest to the city's streetscape and promote the general economic interests of the community, Economic and Cultural Grant recipients have gone through a screening process with the City during the grant application process and therefore already meet the City's interest of tourism promotion, economic development and cultural development. 2) A maximum of three unique pennants is allowed in the Downtown Zone at any given time, One pennant is the long term applicant (pennants on display greater than six months) and the other two are the short term pennant applicants (pennants on display less than two months), Page I on r~' CITY OF ASHLAND Reasoning: While the task force supports the use of pennants in the Downtown Zone, they did not want multiple designs which could potentially clutter the look and feel of downtown, Limiting the number of unique pennants at any given time ensures an uncluttered downtown. 3) The task force asked that sponsor language be eliminated from the pennant design standards, Reasoning: The task force felt that allowing a sponsor logo on pennants would add visual clutter to the aesthetics of the pennants, They felt the event logo (which in some cases is the business name such as the Ashland Film Festival), is sufficient. 4) The task force asked that current pennant holders be allowed five years to comply with the changes. All new applicants must comply as soon as the new policy is in effect. Reasoning: Because the pennants are expensive (upwards of$400 per pennant) the task force felt it could be a financial burden to existing pennant participants to comply with the pennant design guidelines within a shorter time period, 5) The task force asked for a 30 day approval period once the application is completed and submitted to the city for approval. Reasoning: Because the applicant must order pennants a number of weeks in advance of installation, the task force wanted to be sure the approval process was timely to allow sufficient time for the applicant to order banners prior to installation. The attached Resolution reflects the above changes and provides for the installation and loan of pennants as functional items in the public right of way, The Resolution is in compliance with both Ordinance 2989 which defines the standards for functional objects in the public right of way and Resolution 2009-29, which s~ts minimum standards and specifications for functional objects placed in the public right of way. . Completed applications will include the Council approved ROW Encroachment Permit application and the hold harmless agreement. Related City Policies: Ordinance 2989 - Establishment of standard forms for right-of-way regulation & donation or loan of functional items Resolution 2009-29 - Minimum standards for functional items placed in the public right of way Resolution 2009-37 - Permit fees for installation of functional items in the public right of way Council Options: I) Approve Resolution 201O-XXX to include street pennants as City functional items, add minimum standards and establish a street pennant application fee, a pennant placement zone map and street pennant policies and guidelines 2) Move resolution 201 O-XXX off of the consent agenda to allow for additional information and/or questions of staff prior to making a decision, Page 2 of3 r~' CITY OF ASHLAND Potential Motions: N/ A - Consent Attachments: Draft Resolution (with associated exhibits A, Band C) Ordinance 2989 Resolution 2009-29 Resolution 2009-37 Page 3 aD r~' RESOLUTION NO. 2010- A RESOLUTION ADOPTING ADDITIONAL MINIMUM STANDARDS AND FEES FOR FUNCTIONAL ITEMS - PENNANTS, WHEREAS, on July 21, 2009, the Ashland City Council adopted Ordinance #2989 "An Ordinance Amending AMC Chapter 13 To Establish Standard Forms For Right-of-Way Regulation and Providing For Donation or loan of Functional Items", and WHEREAS, on October 20, 2009 the Council approved Resolution 2009-29, adopting inter alia, minimum standards for functional items placed in the City right-of-way, and WHEREAS, on December 15, 2009 the Council approved Resolution 2009-37, adopting inter alia, certain fees and charges for functional items placed in the City right-of-way, and WHEREAS, the Council wishes to adopt additional minimum standards, fees, together with administrative policy guidelines for Street Pennants; and THE CITY OF ASHLAND RESOLVES AS FOllOWS: SECTION 1. Exhibit A of Resolution 2009-29 is hereby amended to add new minimum standards for street pennants, such minimum standards are attached hereto as Exhibit "A" and made a part hereof by this reference, Said functional items are subject to all application requirements and standard permit terms and conditions required for other loaned functional items pursuant to AMC Chapter 13 and associated implementing Resolutions, SECTION 2. Table B of Resolution 2009-37 is hereby amended to add the following additional fees and charges for functional items: loaned functional item: [Pennant] application fee $125.00' . Bracket purchase and installation charge (if applicable) will be collected prior to issuance of the permit and is not required at the time of submittal. SECTION 3, The Pennant Placement Zone Map attached hereto as Exhibit "8" is hereby adopted as the exclusive authorized locations for placement of Pennants in the City of Ashland. The zones on the attached Map are designated as follows: .:. Downtown Zone .:. North Ashland Entrance Zone .:. South Ashland Entrance Zone .:. Siskiyou Educational Zone .:. A/4th Street Zone .:. Winburn Way Zone Page 1 of 13 SECTION 4. The "City of Ashland Street Pennant Policy and Guidelines" attached hereto as Exhibit "C" is hereby adopted to provide guidance for the exercise of administrative discretion in accepting or rejected proffered donations or loans of specified functional items. SECTION 5 Except as specified in this Amendment, Resolutions 2009-29 and 2009-37 remain in full force and effect. SECTION 6 Existing Pennants with valid written permits or approvals are exempt from the minimum standards and permit requirements noted herein, Such permits shall remain valid for the period of time specified in the permit and under the terms and conditions specified in the permit. All permits issued prior to the effective date of this Resolution shall expire five (5) years after the effective date of this Resolution. New permit applicants must comply with the minimum standards and requirements, Existing permit holders are not exempt from paying annual fees and charges, SECTION 7, This resolution was duly PASSED and ADOPTED this , 2010, and takes effect upon signing by the Mayor. day of Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of September, 2010, John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Page 2 of 13 Exhibit A Exhibit A of Resolution 2009-29 is hereby amended to add the following new minimum standards for street pennants: Pennant Construction Soecifications There are two approved pennant sizes: a larger size for the overhead street lights and a smaller size for the pedestrian scale lights. Pennant installation must be consistent with the street light type, i.e. a small pennant will not be approved to be installed on the large overhead street light. . Large Pennant Size - 136" in height, 48" in width, 4" pockets for connection with bracket * . Small Pennant Size - 36" in height, 18" in width, 2" pockets for connection with bracket * All approved pennants shall be manufactured/constructed using large format ink jet printing on two sides of heavy duty mesh vinyl material approved and listed for indoor/outdoor use, A listing of pennant manufacturers used by previous pennant applicants will be generated and maintained by the City of Ashland for future applicant reference, Pennant Installation Guidance Street Pole Options There are two types of poles where pennants may be installed; the large overhead street lights (cobras) and the shorter pedestrian scale light poles (Sternbergs). The A SU4'h St Zone is limited to small pennant installation (see pennant construction specifications for details), while all other zones allow only large pennant installation, Many of the larger street lights are fitted with double horizontal brackets for pennant installation, Others do not have the necessary brackets for hanging pennants, Approved permit requests for pennant installation on poles without existing brackets may include a one time bracket purchase and installation charge and will require 4 to 6 weeks prior to installation for ordering and installing the new brackets, Pennant Duration The Downtown Zone Map contains two designated locations for short term pennant installations (less than two months) with the remainder reserved for long term installations (greater than six months). All other zones allow only long term Page 3 of 13 installations, The Downtown Zone is limited to a maximum of three unique pennant messages at any time, The City of Ashland reserves the right to exclude specific pole locations for certain periods of time for other non-pennant City/Community Uses, such as holiday decorations, Installation/Removal Requirements Installation and removal of the individual pennants are the responsibility of the permit holder. Any contractor hired to install/remove pennants must meet the pre-qualification requirements of the City of Ashland Public Works Dept and may be required to obtain Oregon Department of Transportation (ODOT) lane closure permits depending on the location and method of installation/removal. The short term event permit holder is responsible for the removal and reinstallation of the existing pennant in their approved location and any coordination required to accomplish the task, Pennants must be removed by the applicant on or before the expiration date of the permit. Applicants may be charged with removal costs if not removed by the date listed on the permit and may not be eligible for future pennant installation approval. Additional Maintenance I Insurance Standards In addition to and not in lieu of other applicable functional item requirements: Pennants must at all times be maintained in a visually appealing manner, which is the sole responsibility of the permit holder. Pennants in disrepair must be maintained, replaced, or repaired. An individual pennant is defined as in disrepair when it is loose, frayed, torn, fallen, discolored or faded The City, at its discretion, may contact permit holders requesting they repair or remove pennants that are not adequately maintained. Additionally, the City has the authority to remove any pennants that it determines pose a safety risk to the public, with or without prior notice, with costs of such actions being billed to the applicant. The Applicant shall have Commercial General Liability (CGL) Insurance with minimum limits of $500,000 per occurrence, $1,000,000 aggregate, By endorsement, the CGL policy shall name the City of Ashland, its agents, directors, officers, employees and volunteers as additional insureds, The additional insured endorsement must provide primary and non-contributory coverage, A certificate of insurance with the additional insured endorsement must be provided and approved by the City of Ashland prior to banner installation. Page 4 of 13 PENNANT DESIGN GUIDELINES Effective Pennant Design Simple designs have the greatest graphic impact. Details are lost and hard to see from a distance, Bold and contrasting colors work well. Light type on a dark background enhances readability and has good graphic strength. White backgrounds are less effective. Light pastel colors wash out in the sunlight. NOTE: Neon or overly bright colors are not permitted, Content Text heavy pennants are less appealing and difficult to read: Keeping the message simple will allow your audience to interpret it quickly, If the pennants will be reused annually, keep in mind that you may want to refrain from including specific dates, In addition to the graphic element (photo, illustration, etc,), pennants may include sponsor name or logo, date and time and general location of event. It is important to establish a hierarchy for the visual elements so they complement each other and don't compete, These elements should generally rank in the following order of importance: 1) Graphic visual 2) Name of event 3) Time period and/or supporting text NOTE: Pennants may not include phone numbers, web addresses, directives (turn left here, etc.), or business namesllogo's, Page 5 of 13 ~ J~ -o~ I, 4' ,I I large Pennant I = -------- p ;,. I Small Pennant o '" - -------- "' '" [OJ Page 6 of 13 A m TI~I IJJ \. ' io o [J C3 Large Pennant Small Pennant &, '" - - - - - - - - - - - - - - - - 4" pockets 3" pockets &, '" 18" 48" Printing and Construction Large format ink jet printing on two sides of heavy duty rnesh vinyl material for indoor/outdoor use, NOTE: Material will be folded back at the top and bottom and sewn to opposite side to create pole pockets. Please take this into account when designing banner and preparing for production, Page 7 of 13 Design Examples Example C Example B Example 0 Page 8 of 13 Colors are bold and contrastlng* Fonts are clean with high readability (sans seriQ Content Is <xmclse for quick interpretation VIsual Is large wllh strong graphic impact 'Neon or overly bright colors lIt8 not permitted, Event logo EXHIBIT B Pennant Placement Zone Maps .r ~ \\~ ' -; '..:..' !/ /~~. ,/" >~~ }\~}fif'~~'0f,/ ",,';,' \; , >. ';'\~I;~~~,. ~'i '. / ~, /\. ;/.'),\~ . . ~/ '. ;';"-;'" J"}' ,,'\ '''', f /,,, . ,,: -)II'~' 'r~~, ,~,~' 'I e'l ~ J "8' I ~-!:,~,....~ ~--- I '" I /' "~...' "'~'-~~' .' '. /' f""" '(, ,"'... '~,-/ ~. "" . , r / ",I At:'." '"-_~" ' .l:l- --- . " ... ,"-,- -~_ , ,/ .',' ,.', ,/ .~ I ~ J/' / ., ,,!'.I '~/,'_!', '",-~,__ I 'I ,..{':~~'~j:,~ / ~""~:"''''' / _. , ~'=, '. ~ ".,/','1/'" / - ~~,\:, C.s:" f' ,;' cJ ',.. 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'''/ .,~ Exhibit C City of Ashland Street Pennant Policy & Guidelines Overview Statement The intent of the City of Ashland Street Pennant Program is to add color and excitement to the city's streetscape, promote the general economic interests of the community through the promotion of cultural and seasonal activities that enhance the economic viability and overall vitality of the community, Functional Items All Pennants are considered functional items Pursuant to AMC Chapter 13 and are subject to all application requirements and standard permit terms and conditions required for other donated or loaned functional items pursuant to AMC Chapter 13 and associated implementing Resolutions, Limited ExemDtion for Prior ADDrovalsl Amortization The implementing Resolution exempts existing pennant permit holders from the minimum standards requirements for up to 5 years from the effective date of the resolution, Notwithstanding this exemption, it is the intent of the Council that existing permit holders comply with the requirements of the City ordinance to the maximum extent possible, All other pennant permit applicants will be required to comply with this program standard upon approval of the City Council. Exercise of discretion. AMC Chapter 13 specifically delegates authority to the City Administrator to accept or reject proffered donations or loans of functional items to be placed in City right-of-way, The following program outlines considerations for the exercise of such discretion by the City Administrator: · Eligible pennants are those that, through the application process, match the above stated overall philosophy of the Program, · Pennants promote city or other governmental events or activities as well as the events and activities sponsored by or supported by the City or other governmental entities (such as with grant funds), Examples of such governmental entities and grant recipients include but are not limited to the following: Ashland School District and Southern Oregon University, the City of Ashland, including its approved designee's, such as the Ashland Chamber of Page 12 of 13 , Commerce as well as recipients of Economic & Cultural Development Grants from the City of Ashland, . Pursuant to ODOT 5-5c, pennants may not advertise or promote commercial products or services, or religious, political or social viewpoints. Pennant may not promote or advertise gambling, . In addition to other functional item permit application requirements, permit applications must be submitted at least 60 days prior to the requested installation date. . . Installation of pennants is limited to the pennant zones displayed on the adopted Pennant Placement Zone Map. . Pennants must contain some graphic element (photo, illustration, etc) and may not consist of only text, Pennants may not include the following: Phone numbers Web addresses Directives (turn left here, etc) Business namesllogo's . The pennant material and graphic color palette shall not include neon or other overly bright colors, Refer to the Street Pennant Guidelines for suggestions and recommendations for maximizing the aesthetic and communication impact of the proposed pennant(s) Page 13 of 13 ORDINANCE NO. dq fo, AN ORDINANCE AMENDING AMC CHAPTER 13 TO ESTABLISH STANDARD FORMS FOR RIGHT-OF-WAY REGULATION AND PROVIDING FOR DONATION OR LOAN OF FUNCTIONAL ITEMS Annotated to show deletions and additions to the code sections being modified. Deletions are bold . and additions are in bold underline, WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the Citv 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, Gitv of Beaverton v. International Ass'n of Firefiahters, Local 1660, Beaverton ShOD. 20 Or. App. 293, (1975); and WHEREAS, the 2008 Downtown Task Force made several recommendations to the City Council concerning the use of City sidewalks for commercial and other purposes, including: Issues 5 - 7, as outlined on the Task Force'Summary Report which concern, inter alia, more equitable allowance for use of the public right-of-way for private commercial use, a more consistent encroachment permit process, including standards for placement of functional objects (planter boxes, benches, trash cans, etc - with allowance for private placement of such public use items), control over the placement and maintenance of miscellaneous publication racks and news-racks within the downtow/); and WHEREAS, the City of Ashland wishes to modify and update City Ordinances relating to use of City right-of-way to provide for standard forms and to make allowance for donation or loan of functional items; and THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS SECTION 1. The recitals set forth above are true and correct and are incorporated herein by this reference. SECTION 2. AMC Section 13.02,040 is hereby amended to read as follows: 13.02.040 Permission Required Page 1 of 3 :1 A. Prohibition. Except as provided in AMC 13.02,040,C. no No person or entity may occupy or encroach on a public right-of-way without the permission of the city, The city grants permission to use public rights-of-way, by franchises, licenses, concessions and permits. B. Standard forms. Franchises, licenses. concessions and permits for use of public riQhts-of-way, shall comply with all applicable requirements for occupancy or encroachment of such areas as set forth in Chapter 13.03 and other applicable provisions of the Ashland Municipal Code. Franchises, licenses concessions and permits shall be submitted on a City standard form franchise, license. concession. or permit template, toaether with required fees. if anv. Such standard form templates and fees may be adopted and amended by the City Council by Resolution. C. City Functional Items. The City of Ashland is not required to obtain permits or other City authorizations to place City utilities, facilities or other structures. in the riQht-of -way. includinQ "functional items" intended for public usa!!e. City functional items include. but are not limited to, a City standard bench. water fountain. planter box, QarbaQe receptacle, ash can. bike rack, bollard, publication box, or other functional items identified by Resolution of the City Council. The City Council Resolution shall identify functional items and establish minimum standards for such items. D. Donated or Loaned Functional Items. An abuttinQ property owner tOQether with the occupant may donate or loan to the City of Ashland a City standard functional item for use in an adiacent sidewalk permit area. Other persons or entities may also donate or loan functional items, for use in non-adjacent public areas. Items accepted on loan require insurance and a maintenance I hold harmless I indemnity aQreement in the standard approved form. Donated items do not require insurance or a maintenance aQreement but the donations must be accepted by the City to be eliQible for placement. The City Administrator is deleQated authority to accept or reiect donations and loans for purposes of this Chapter. in the Administrator's sole discretion. After demonstrated compliance with this section, the City Public Works Director mav authorize in writin!! the placement of a donated or loaned city standard functional item, in locations meeting. at a minimum. the six foot or eight foot clearance requirement of AMC 10.64.010 or in approved locations shown on an adopted Downtown Sidewalk UsaQe Map. Items not strictlv complyinQ with minimum standards for such City functional items, (e.Q, - a decorative art bench) may be permitted throUQh the public art process in AMC Chapter 2.17. E. Penalty. Knowin!!IY occupyin!! or encroachin!! upon a public right-ot-way without the permission ot the City shall be considered a Class C misdemeanor offense, subiect to the limitations of AMC 1.08. Violation of any code requirement, a!!reement, permit. license, or provision thereof, Page 2 013 includinQ anv term. standard. reQuirement. or condition shall be considered Class A violation punishable as provided in AMC 1.08. 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. Savings. 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 5. Delayed Effective Date, In order to allow time for the City Council to adopt standard forms and implementing documents, this Ordinance shall not be effective until November 1, 2009. SECTION 6. 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-Iellered, provided however that any Whereas clauses and boilerplate provisions (i,e. Sections 1, 3-6) 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 ace Section 2 ) of the City Charter on the .25' day of and du ASSED and ADOPTED this .:J/ day of Ii~ Barbara M, Christensen, City Recorder SIGNED and APPROVED this l:Z. day of ~, 2009 rdance with Article X, ,2009 ,2009. Reviewed as to form: Page 3 of 3 RESOLUTION NO. 2009- ~ ~ A RESOLUTION ADOPTING RIGHT -OF-WAY ENCROACHMENT GUIDELINES. STANDARD FORMS, MINIMUM STANDARDS FOR FUNCTIONAL ITEMS, AND THE DOWNTOWN SIDEWALK USAGE MAP, WHEREAS, On July 21,2009, the Ashland City Council adopted Ordinance #2989 "An Ordinance Amending AMC Chapter 13 To Establish Standard Fonns For Right-of-Way Regulation and Providing For Donation or Loan of Functional Items", and WHEREAS, On July 21, 2009 the Ashland City Council adopted Ordinance #2990 "An OrdinanCB Amending AMC Chapter 13 Adding Unifonn Sidewalk Regulations and Repealing AMC 6.44", and WHEREAS, In order to allow time to adopt standard fonns and implementing documents the ordinance becomes effective November 1, 2009, and WHEREAS, the Ordinance requires that standard fonns, identifying and establishing Minimum Standards for Functional Items, and a Downtown Sidewalk Usage Map (DSUM) be established by Resolution, . THE CITY OF ASHLAND RESOLVES AS FOllOWS: SECTION 1. The Right-of-Way Encroachment Guidelines, which includes standard fonns and identifies and establishes Minimum Standards for Functional items and the DSUM, marked "Exhibit A" and attached to this Resolution, is adopted. SECTION 2. Pursuant to AMC Chapter 13.03, the City Council ratifies the City Administrator's Order concerning the timing of submission of publication box applications, specifically: Publication box applications under interim regulations in AMC 13,03 may be submitted to the City between October 21,2009 and December 1, -I. 'ftJ.IJ{I/ 2009. All applications must be received and deemed complete by December 1, 2009, LAI~tJr_. Between December 1, 2009 and December 15,~the City will, by lottery in p.;.. 1)01 accordance with AMC 13.03, assign spaces on ifi8'l5bwntown Sidewalk Usage Map. 6 6'J' All boxes shall be moved into assigned spaces or to the Publication (NO FEE) zone by . January 1,2010, Fees for occupancy of spaces will commence on January 1,2010, SECTION 3, This Resolution shall be effective November 3, 2009, ~o day of Barbara Christensen, City Recorder Page 1 of2 SIGNED and APPROVED this Jl- day of October, 2009. Reviewed as to form: Richard Appicello, Assistant City Attorney Page 2 of 2 RESOLUTION NO. 2009- "37 A RESOLUTION AMENDING TABLE "B" OF RESOLUTION 2009.18 MISCELLANEOUS FEES FOR SERVICES WHERE NECESSARY THE CITY OF ASHLAND RESOLVES AS FOllOWS: SECTION 1. The City of Ashland provides certain miscellaneous services to citizens and customers through out the year as part of regular city business. These services are normally provided at the request of the customer, or are caused by the customer when applying for utility systerns improvements, or are a part of normal accounts receivable collection activities. SECTION 2 The proposed fees below either fall outside of existing fees established by resolution or ordinance and will be incorporated within the appropriate process as all fees are reviewed and updated or have been set by resolution and are in need of adjustment. I. Section 3: On June 6, 2009, the Ashland City Council adopted Resolution No. 2009-18 "A Resolution Adopting Miscellaneous Fees for Services Where Necessary and Repealing Resolutions 2001-05, 2007-34, and 2008-29, and repealing the hourly services charge section of resolution 1999-29 June 16, 2009. Section 4: On July 21, 2009, the Ashland City Council Adopted Ordinance No. 2989 "An Ordinance Amending AMC Chapter 13 to Establish Standard Forms for Right-of-Way Regulation and Providing for Donation or loan of Function Items." Section 5: On July 21, 2009, the Ashland City Council Adopted Ordinance No. 2990 "An Ordinance Amending AMC Chapter 13 Adding Uniform Sidewalk Regulations and Repealing AMC 6.44 Sidewalk Cafes." Section 6: On October 20, 2009, the Ashland City Council adopted Resolution 2009-29 "A Resolution Adoptin9 Ri9ht-of-Way Encroachment Guidelines, Standard Forms, Minimum Standards for Functional Items, and The Downtown Sidewalk Usage Map." SECTION 7: The fees and charges established by this resolution are reasonably based upon related costs to the city. Table A will take effect October 1, 2009 and will be reviewed each year and adjusted accordingly based upon the CPI each March effective July 1. The first review and possible increase will be March 2010 effective Julv 1, 2010. These fees include: Page 1 of 5 Table A: Effective Effective Method/Service 10/1/2008 1011/2009 Administrative Services Department Administrative Billing Charge( up to 10%) I...". ':::'"c'Perbilling:- Repealing Resolution 2008-29 City Recorder Copy Fees Black & White letter/legal Single-sided $ 0.20 $ 0.20 Each Letter/Legal Double-sided 0.40 0.40 Eacl1 Tabloid Single-sided 0.40 0.40 Eacl1 Tabloid Double-sided 0.80 0.80 Each Copy Fees Color Letter/Legal Single-sided 1.50 1.50 Each Tabloid Single-sided 3.00 3.00 Each A~dio Tapes Citizen provi~es blank lape 3.00 3.00 Each City provides blank tape 5.00 5.00 Each Page 2 of 5 Processing Fee liquor license. Temporary 10.00 10.00 Each liquor License-New 100.00 100.00 Each Liquor License-Change in owner 75.00 75.00 Each liquor License-Annual Renewal 35.00 35.00 Each Taxicab License-New 250.00 250.00 Each Taxicab License-Annual Renewal ~00'OO"";'i(!';200 00 'V 'h.tIe." .'- Ie' ~.;;1':~1; ; ~;;(!.:i.t!!,,, : .;, e I .,;;,~< lien Searches-Routine 20.00 20.00 Each lien Searcl1es-Rush 30.00 30.00 Each Fire Department FireMed Annual Household Fee-Annual renewal $ 52.00 $ 52.00 Household Emergency Medical Service Fee 250.00 250.00 Patient Fire Department Reinspection Fee 75.00 75.00 Reinspection Repealing Resolution 2007-34 Information Technology AFN Retail Rales: AFN Bronze Excludes VolP Support $ 19.99 $ 19.99 Month AFN Silver Excludes VolP Support 34.99 34.99 Month AFN Gold Indudes VolP Support 39.99 39.99 Month AFN Platinum Indudes VolP Support 79.99 79.99 Month AFN AnywherelOut of Town Rates Charge beyond City limits 44.99 44.99 Month AFN Wholesale Rates: AFN Bronze Excludes VolP Support 14.99 14.99 Month AFN Silver Exdudes VolP Support 23.99 23.99 Month AFN Gold Indudes VolP Support 26.45 26.45 Month AFN Platinum Indudes VolP Support 66.45 66.45 Month Monthly Billing Minimum 1,500.00 1,500.00 Month Sialic IP: AFN Gold First address 25.00 25.00 Month AFN Platinum First address 25.00 25.00 Month Additional Slatic IP: AFN Gold Eacl1 additional to 6 lolal 10.00 10.00 Month AFN Platinum Eacl1 additional to 6 total 10.00 10.00 Month Dynamic IP: AFN Gold Per address 5.00 5.00 Month AFN Platinum Per address 5.00 5.00 Month Repealing Hourly Service Charge of Resolution 1999-29 Only ISP/Retailer AFN 'field lech" Charge 1$. .. 3500 per hour Page 3 of 5 Table B will take effect August 1, 2009 and will be reviewed each year and adjusted based upon the CPI each March effective August 1. The first review and possible increase will be March 2010 effective Auqust 1. 2010. Table B Repealing Resolution 2007-34 PD Report Request Penalty for no Perm. Block Party Encroachment ROW Closure> 72 hours ROW Closure < 72 hours ROW Closure> 72 hours ROW Closure < 72 hours ROW Closure Sidewalk OininQ lmin 50 SQ. ft.) Functionalllem Publicalion Box per Publication Driveway Painting Perm~ Special Vehicle Permil Pre APP Map Select GIS Utility Data on Disk Plaiting Fee Method/Service Effeclive 1011/2008 Effective 811/2009 Police Department 10 pages or less 11 pages or more 12.00 $ 15.00 $ 12.00 Occurrence 15.00 Occurrence Public Works Add 50% 10 established fee Slreet/Sidewalk ciosure Permanent Sidewalk Sidewalk ParkinQ Space Parking Space Street Annual renewal Annual renewal Annual renewal Initial fee Annual renewal 6.00 58.00 58.00 20.00 Per utility, per quarter-quarter section Per square foot Table C will take effect August 1, 2009 and will be reviewed each year and adjusted accordingly based upon the ENR each May effective August 1. The first review and possible increase will be Mav 2010 effective Auqust 1. 2010. Table C: Method/Service Effective Effective 10/112008 8/1/2009 Repealing Resolution 2007-34 Electric Blower Door Leak Test Duck Leak Test $ 50.00 $ 50.00 50.00 Test 50.00 Test SECTION 4. Copies of this resolution shall be maintained in the Office of the City Recorder. Page 4 of 5 SECTION 5. Classification of the fee. The fees specified in Section 1, Section 2 and Section 3 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 6. This resolution was duly PASSED and ADOPTED this of ~2009, and takes effect upon signing by the Mayor. . b //PL- -, ~~ Barbara Christensen, City Recorder -- IS day SIGNED and APPROVED this I~ay of 1x-~ ,2009. Reviewed as.to form' Page 5 of 5 CITY OF ASHLAND Council Communication A Resolution Transferring Appropriations within the FY 2009-2010 Budget Meeting Date: February 2,2010 Primary Staff Contact: Lee Tuneberg Department: Finance E-Mail: tuneberl@ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Martha Benne 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: Staffrecommends 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. I. 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 ofless than 10 percent oftotal 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 lhe paper and a public hearing prior to the council taking action. A transfer of appropriations (Item #1 above) is needed to adjust the FY 2009-2010 budget for the following reasons: . A Transfer of $160,000 will be needed from the Electric Fund Contingency to Electric Department, Distribution Division in the same fund, to provide appropriations to bore under 1-5 and move overhead power lines in conjunction with the ODOT overpass replacement. . A Transfer of $21 ,000 will be needed from the Central Services Fund Contingency to City Recorder, Materials & Services in the same fund, to provide appropriations for unanticipated higher banking charges. This is the second transfer of appropriations request for FY 2009-2010. Attached is a resolution for your approval. The recommended changes in the budget are explained after each request and in the accompanying departmental memoranda. Related City Policies: None. Page I of2 r~., CITY OF ASHLAND 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 2009-2010 budget. Attachments: Resolution transferring appropriations within the 2009-2010 Budget Memo from Electric Department requesting transfer for 1-5 underground boring project Memo from City Recorder requesting transfer for increased banking fees Page 2of2 ~.l' RESOLUTION NO. 2010- A RESOLUTION TRANSFERRING APPROPRIATIONS WITHIN THE 2009-2010 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: Electric Fund To: Electric Distribution From: Contingency .$160.000 $160,000 To Transfer appropriations from Contingency to Electric Distribution for boring under the freeway at exit 14 to upgrade the services that feed Highway 66, Oak Knoll and other outlining areas. Central Services Fund To: City Recorder - Material & Service From: Contingency $21.000 $21,000 To Transfer appropriations from Contingency to City Recorder, Material & Services to fund unanticipated higher banking charges in FY 2010. Total To: Department Appropriations Contingency $181.000 $181.000 SECTION 2. This resolution was duly PASSED and ADOPTED this _ day of February, 2010 and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of February, 2010: John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney CITY OF ASHLAND Memo DATE: TO: FROM: RE: January 26, 20 IO City Council, Lce Tuneburg Scott Johnson, Interim Electric Director sh"" Capitol Improvcment Projects In 2009, the City of Ashland Eleclrie Department was informcd by thc Oregon Department of Transportation, thaI the exisling overhead power line at Exit 14 would need to be relocated before their bridge construction project began. Their projcct was to take place in their 20 II budget, so the cost for us to relocate the ovcrhead po'W-cr was put in our 20 II Capital Improvement Projects_ Reccntly, I have been informed the Oregon Department of Transportation's project has been moved up one year, placing it within the 2010 year. The Ashland City Council approved on January 5, 2010 the award of the boring portion of this project to Professional Underground Services. We are now asking that the Council approvc a lransfer of funds from our contingency fund to our Internal Projects Account, so we may complete our portion within the new lime restrainls. The total amount for this project is $212,000 and includes boring, material and labor, The Eleclric Fund has $52,000 already budgeted for the stafftimc so a transfcrof$160,000 is requested. EIedrIc Dept 90 N Moonlain Sl Ashland, Orogon 97520 W'NW.SShland.Qf.US Tot 541-488-5357 FlU: 541-552 2436 TTY: 800-735-2900 rA' CITY OF ASHLAND Memo TO: FROM: DATE: RE: Lee Tuneberg, Administrative Services Department Barbara Christensen, City Recorder's Office January 5, 2010 Transfer of Approprialions for City Recorder's Budgel I request a transfer of $21,000 from Central Service contingency to lhe budget oflhe City Recorder's Office for FY 2010. The City of Ashland currently contracts with Bank of America for Banking Services and accepts credit cards for paymcnts associated with Utilities, Court Fees, Park Recreation, Pcrmits, etc. Due to lhe current banking environment there has been unanlicipated expenses associated with banking service fees and charges associaled with acceplance of credil card payments. Beginning in Seplember 2009 the Federal Deposit Insurance Corporation (FDIC) raised the assessment rale associated with bank balances which resulted in addilional expense for banking services that was not included in the original contract. In addition, earnings credits based on interest rates have not off-set the monthly service fees as has been lhe case for the pasl three years. Please let me know if you have any further questions. CllyHalI CllyR_.0_ 20 E Ma~ A.sh!end, Oregon 97520 www.ash\and.Qf.US Ter. 541-488.5307 Fex: 541.552.2059 TTY: 800-735.2900 r.l' CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dep!.: Approval: Confirmation of Mayoral Appointment of Rob Lloyd as' Information Technology Director February 2, 2010 Primary Staff Contact: Administration E-Mail: None Secondary Contact: Martha Be Estimated Time: Mayor Stromberg john@council.ashland.or.us Martha Bennett Consent Question: Does the Council wish to confirm the appointment of Rob Lloyd as Information Technology (IT) Director? Recommendation: Mayor Stromberg recommends that Council confirm the Appointment of Rob Lloyd as IT Director. Background: The' City conducted a nationwide search for a new IT Director with the assistance of the Waters-Oldani Executive Recruitment firm. Five finalists were invited to participate in an intensive two-day interview and selection process at the recommendation of Waters-Oldani. Rob Lloyd was selected for the position because of his extensive experience with Management of all facets of information technology in government and public enterprise environments. Rob comes to Ashland with over ten years experience in City and State government managing complex IT systems. He has a Master's Degree in Business Administration with an emphasis in Information Systems. Most recently Rob was the IT Professional V /Chief of Information Technologies for the State of Colorado Division of Wildlife. His responsibilities there included direct development and support for 56 major business systems, including critical systems that process $70 million in annual license sales. Rob's technical and managerial skills in the field ofInformation Technology help prepare him to assume a position ofleadership in the City's IT Department and to work with the City's elected leadership to bolster the success of the Ashland Fiber Network. Rob is excited about the opportunity to relocate his young family to Southern Oregon and will begin work on Monday, March 15,2010. Related City Policies: None. Council Options: Council could confirm the appointment of Rob Lloyd as IT Director. Council could defer the appointment ofIT Director awaiting further information. Potential Motions: Move to appoint Rob Lloyd as Information Technology Director for the City of Ashland. Attachments: Employment Agreement for IT Director. Page 1 of I !PAl CITY OF ASHLAND Employment Agreement DIRECTOR OF INFORMATION TECHNOLOGYI CHIEF INFORMATION OFFICER THIS AGREEMENT, made and entered into this _ day of February 201 0 by and between the City of Ashland ("City") and Robert Lloyd ("Employee"). R E C I TAL S: A. City desires to employ the services of Employee as Director of Information Technology (Chief Information Officer) of the City of Ashland; and B. It is the desire of the City to establish certain conditions of employment for Employee; and C. It is the desire of the City to (1) secure and retain the services of Employee and to provide inducement for Employee to remain in such employment, (2) to make possible full work productivity by assuring Employee's morale and peace of mind with respect to future security; (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of Employee; and (4) to provide a just means for terminating Employee's services at such time as Employee may be unable fully to discharge Employee's duties due to disability or when City may otherwise desire to terminate Employee's services; and D. Employee desires to accept employment as Director of Information Technology of the City of Ashland, and to begin his employment on March 15,2010. City and Employee agree as follows: Section 1. Duties. The city hereby agrees to employ Robert Lloyd as the Director of Information Technology of the City to perform the functions and duties specified in City ordinances, and the job description attached as Exhibit A and to perform such other legally and ethically permissible and proper duties and functions as the City Council shall from time to time assign. The Director of Information Technology shall devote full time to the performance of his duties. Section 2. Term. A. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of the Mayor, with the consent of the City Council in accordance with the City Charter, from terminating the services of the Director of Information Technology at any time, subject only to the provisions set forth in the section entitled "Severance pay" of this agreement. responsible for Employee's appointment, dismissal, and supervision. Except as specifically provided in this Agreement, Employee shall serve at the pleasure of the City, without any requirement to demonstrate cause for dismissal. EMPLOYMENT CONTRACT - Robert Lloyd, Director of Information Technology Page 1 B. Employee agrees to remain in the employ of City until March 15, 2012, and neither to accept other employment nor to become employed by any other employer until this termination date, unless the termination date is affected as otherwise provided in this agreement. This provision shall not restrict Employee from using vacation or personal leave for teaching, consulting or other activities provided these activities do not conflict with the regular duties of the Employee and are approved in writing by the City Administrator. C. In the event written notice is not given by either party to terminate this agreement at least ninety (90) days prior to the termination date, this agreement shall be extended for successive two-year periods on the same temns and conditions as provided herein. D. In the event Employee wishes to voluntarily resign the position during the term of this agreement, Employee shall be required to give the City six weeks written notice of such intention, unless such notice is waived by the City Administrator with the approval of the Mayor and City Council. Employee will cooperate in every way with the smooth and normal transfer to the newly appointed individual. Section 3. Salary. Beginning March 15, 2010, City agrees to pay Employee a monthly salary at Step C of the salary schedule ($8,161) payable at the same time and in the same manner as other employees of the City are paid. The Employee shall be eligible for an increase to step D of the salary schedule ($8,485) upon completion of a satisfactory evaluation 6 months after start date. Section 4. Performance Evaluation. The City Administrator shall review and evaluate the performance of the employee at least once annually. Section 5. Hours of Work. It is recognized that Employee must devote a great deal of time outside the nomnal office hours to business of the City, and to that end Employee will be allowed to take compensatory time off as Employee shall deem appropriate during normal office hours, so long as the business of the department is not adversely affected. Work in excess of an average of forty (40) hours per week is deemed part of the professional responsibility for which the Employee shall not be paid overtime but for which he shall receive a minimum of five (5) days of administrative leave each year. Employee will receive additional administrative leave if granted by the City Council in the Management Resolution adopted each year. Section 6. Automobile. Employee's duties require that Employee shall have the use of a motor vehicle at all times during employment with the City. The City shall provide an automobile allowance of $350/month for the use of said automobile for travel. Employee shall be responsible for paying for insurance, operation, maintenance and repairs of the vehicle. Section 7. Health, Welfare and Retirement. Except as modified by this agreement, Employee shall be entitled to receive the same retirement, vacation and sick leave benefits, holidays, and other fringe benefits and working conditions as they now exist or may be amended in the future, as apply to any other department head, as spelled out in the City's Management Resolution in addition to any benefits enumerated specifically for the benefit of Employee as provided in this agreement. EMPLOYMENT CONTRACT ~ Robert Lloyd, Director of tnformalion Technotogy Page 2 Section 8. Dues and Subscriptions. City agrees to budget and to pay for the professional dues and subscriptions of Employee necessary for the continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for Employee's continued professional participation, growth and advancement, and for the good of the City. Section 9. Professional Development. A. The City hereby agrees to annually budget and allocate sufficient funds to pay the expenses of the Director of Information Technology's necessary travel and living expenses to represent the City at conferences or meetings of national and state committees or commissions upon which the Director of Information Technology serves as a member, said membership on said state commissions or committees being subject to the approval of the City Administrator, and for such other official meetings or travel as are reasonably necessary . for the professional advancement of the Director of Information Technology as approved by the City Administrator B. City also agrees to budget and to pay for the travel and subsistence expenses of Employee for short courses, institutes and seminars that are necessary for his professional development and for the good of the City. Section 10. Professional Liability. The City agrees that it shall defend, hold harmless, and indemnify the Director of Information Technology from all demands, claims, suits, actions, errors, or other omissions in legal proceedings brought against the Director of Information Technology in his individual capacity or in his official capacity, provided the incident arose while the Director of Information Technologywas acting within the scope of his employment. If in the good faith opinion of the Director of Information Technology, conflict exists as regards to the defense of any such claim between the legal position of the City and the Director of Information Technology, the Director of Information Technology may engage counsel, in which event, the City shall indemnify the Director of Information Technology for the cost of legal counsel. Section 11. Severance Pay. A. In the event Employee is dismissed during the term of this Agreement, and Employee is not being dismissed for any reason set forth in paragraphs B or C of this_ Section, the City agrees to offer Employee a severance agreement. The amount of severance pay to be offered to Employee in the severance agreement shall be equal to the employee's monthly base salary at the time of dismissal, times the number of number of months that Employee has been employed, up to a maximum of six (6) months. In addition, the severance agreement offered to the employee will require the City to continue to pay the employer portion of the premium for medical and dental insurance coverage through the end of the month the Employee's severance pay is intended to cover or until the last day of the month in which Employee obtains employment with alternative insurance, whichever occurs earlier. As a condition of the severance offer, the Employee will be required to release the City, its officers, representatives, insurers and employees from claims arising from employment with the City and separation of employment. EMPLOYMENT CONTRACT - Robert Lloyd, Director of Information Technology Page 3 S. Employee will not be eligible to receive the severance offer described in Paragraph A of this Section if this Agreement is not renewed by the City, as provided in Section 2, above. Employee also will not be eligible to receive the severance agreement offer if Employee breaches any provision of this Agreement, or if Employee engages in any act of misconduct in the performance of duties on behalf of the City. The term "miscQnduct" includes misappropriation, dishonesty, breach of trust, insubordination, neglect of duty, failure to perform duties in a manner that is consistent with applicable law, failure to correct performance deficiencies identified in writing by the City Administrator, after a reasonable opportunity, as determined by the City, to correct the deficiencies; committing any violation of City policies or standards that the City deems a serious violation; or engaging in other action demonstrating a disregard for the interests of the City. The term "misconduct" also includes engaging in criminal acts or other off-duty behavior that the City views as impairing Employee's ability to effectively perform the Employee's duties or jeopardizes the reputation of the City. C. Employee will not be eligible to receive the severance offer described in Paragraph A of this Section if Employee is dismissed, in accordance with applicable law, due to a disability that prevents Employee from performing the duties of the position. Section 12. Other Terms and Conditions of Employment. City shall, by amendments to this agreement, fix such other terms and conditions of employment, from time to time, as it may determine, relating to the performance by Employee with the agreement of Employee, provided such terms and conditions are not inconsistent or in conflict with the provisions of this agreement. Section 13: Moving and Relocation Expenses A. The City will pay expenses associated with moving Employee's household to Ashland in an amount not to exceed $14,000. Moving expenses include packing, moving, storage costs, unpacking, and insurance charges for moving and storing Employee's household goods. Moving expenses also include actual lodging and meal expenses and mileage costs for moving two personal automobiles and shall be reimbursed at the current IRS allowable rate while the employee is in transit. Moving expenses shall also include actual lodging, meal expenses, and mileage (or airfare) for up to two visits to Ashland for the Employee and family for the purpose of securing a permanent residence. Finally, moving expenses may also include the actual costs for employee of securing temporary housing, prior to moving into permanent housing, for up to six months. B. In the event that Employee resigns from this position or is terminated by the Mayor and City Council for reasons described in paragraphs 11.S. or 11.C within 12 months of March 15, 2010, Employee shall repay the City 50% of the actual moving expenses paid under paragraph 13A In the event Employee resigns or is terminated (under paragraphs 11.S or 11.C.) after serving for more than 12 months but less than 24 months, Employee shall repay the City 25% of the actual moving expenses paid under paragraph 13A Section 14: Severability. If any part, term, or provision of this agreement is held by the courts to be illegal or in conflict with the laws of the State of Oregon, the validity of the remaining portions of the agreement shall not be EMPLOYMENT CONTRACT - Robert Lloyd, Director of Information Technology Page 4 affected and the rights and obligations of the parties shall be construed and enforced as if the agreement did not contain the particular part, term, or provision. Section 15. Other Terms and Conditions of Employment. Employee is subject to all personnel policies of the City and the City's Management Resolution except to the extent that they are inconsistent with an express term of this Agreement. Section 16. PERS Pick-up. Employee contributions to the Public Employees' Retirement system (PERS) shall be "picked up" by the City. Employee shall not have the option of receiving money designated for retirement contributions and directly making the contribution to PERS. Employee's reported salary for tax purposes shall be reduced by the amount of the employee's contribution to PERS. Section 17. Complete Agreement. This Agreement shall constitute the entire Agreement between the City and Employee and supercedes all prior agreements, representations and understandings between them. No supplement, modification or amendment of this Agreement shall be binding on the City unless it is set forth in a writing that is signed by the Mayor and approved by the City Council. Likewise, no waiver of any provision of this Agreement shall be valid unless set forth in writing that is signed by the Mayor and approved by the City Council. Dated this day of February 2010 Barbara Christensen, City Recorder John Stromberg, Mayor Accepted this day of February 201 O. Robert Lloyd EMPLOYMENT CONTRACT - Robert Lloyd, Director of Information Technology Page 5 CITY OF ASHLAND Council Communication A Resolution Adopting a Supplemental Budget Establishing Appropriations within the 2009-2010 Budget February 2,2010 Primary Staff Contact: Administrative Services E-Mail: Administration, Police, Secondary Contact: Public Works, EI c Martha Benne Meeting Date: Department: Secondary Dept.: Lee Tuneberg tuneberl@ashland.or.us Approval: Estimated Time: 10 Minutes Question: Should Council approve a resolution adjusting the FY 2009-2010 Budget to create appropriations and authorize expenditures for unanticipated expenses during this year? Staff Recommendation: Staffrecommends 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 I 0 percent of total appropriations requires a longer process. This process includes a notice in the paper and a public hearing. A supplemental budget is needed to adjust the FY 2009-2010 budget. This is the THIRD supplemental budget of this fiscal year. It is for the items on the attached resolution, described as follows: I. To recognize the receipt of an additional $150,000 from Bonneville Power Administration for the FY 2009-201 0 Conservation program. The additional appropriations will allow the Conservation Division to provide additional support to Ashland's customers in power use reduction and conservation beyond the original $65,000 budgeted. Attached is a resolution for your approval. The recommended changes in the budget are explained after each request and a staff member from the department.is available to answer questions. Related City Policies: Compliance with Oregon Budget Law Page I of2 , r~' CITY OF ASHLAND 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 clarificalion. Potential Motions: I make a motion to approve the attached resolution adopting a supplemental budget for FY 2009-2010 for the purposes specified. Attachments: Resolution adopting a supplemental budget establishing appropriations within the 2009-2010 budget Electric Department memo dated 12/1/2009 on BPA additional payment for conservation , , Page 2 of2 r.t. , RESOLUTION NO. 2010- A RESOLUTION ADOPTING A SUPPLEMENTAL BUDGET ESTABLISHING APPROPRIATIONS WITHIN THE 2009-2010 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 RESOL YES AS FOLLOWS: SECTION I. 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: Electric Fund Appropriation: Conservation Division - Material and Services $150.000 $150000 Resource: Intergovernmental Revenues $150.000 $..150000 To recognize the receipt of an additional $150,000 from Bonneville Power Administralion for the FY 2009- 2010 Conservation program. The additional appropriations will allow the Conservation Division to provide additional support to Ashland's customers in power use reduction and conservation beyond the original $65,000 budgeted. TOTAL ALL FUNDS $150000 $150000 SECTION 2. All other provisions of the adopted 2009-2010 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 February, 20 I 0: and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of February, 2010: John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney RESOLUTION NO. 2010- A RESOLUTION ADOPTtNG A SUPPLEMENTAL BUDGET ESTABLISHING APPROPRIATIONS WITHIN THE 2009-2010 BUDGET Recitals: ORS 294.480 pernlits the governing body of a municipal corporation to make a supplemental budget for the liseal ycar for which the regular budget has been prepared under one or morc of thc following rcasons: U. An occurrence or condition which had not bcen ascertaincd attbc lime of tbe preparation of a budget for the current year which requires a change in linaneial planning. b. A pressing necessity which wa~ 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 fedcral, stalc or local. govcrnment and the availability of such funds could not have becn ascertained at thc time of the preparation of lhc budget for the current year. d. Othcr reasons identified per the statutes. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION t. Bccause of the circumstances stated below, thc Mayor and City Council of the City of Ashland detemline that it is necessary to adopt a supplemental budget, establishing the following additional appropriations: Electric Fund Appropriation: Conservation Division - Material and Services $150.000 SJ,jjlJlllll Resource: Intergovernmental Revenues $150.000 WJl.!l.QQ To recognize the receipt of an additional S 150,000 from Bonneville Power Administration for the FY 2009- 20 to Conservation program. The additional appropriations will allow the Conservation Division to provide additional support to Ashland's customers in power use reduction and conservation beyond the original $65,000 budgeted. TOTAL ALL FUNDS W2.ll!!I! Sl~2JIQ SECTION 2. All other provisions of the adopted 2009-2010 BUDGET not spccilically amended or revised in this Supplemental Budget remain in full forcc and effect as stated therein. SECTION 3. This resolution was duly PASSED and ADOPTED this _ day of February, 2010: and takes eftectupon signing by the Mayor. Barbara Christcnscn, City Rccordcr SIGNED and APPROVED this _ day of Fcbruary, 2010: " John Slrombcrg, Mayor Rcviewcd as to filrm: Richard Appicello. City Attorncy Notice of Public Hearing for a Supplemental Budget A Public Hearing will be hetd for a proposed supplemental budgel for the City of Ashland, Jackson Counly, State of Oregon, for the fiscal year July 1. 2009 to June 30, 2010 allhe Civic Cenler, 1175 East Main Street, Ashland, Oregon as part of the City's regular business on February 2, 2010, a17:00 p,m. A copy of the supplemental budgel document may be inspected or obtained on or after January 28, 2010 at the Adminislrative Services Department, 20 East Main, Ashland, Oregon 97520 between 8:30 a.m, and 4:30 p.m. A summary of lhe supplemental budget is presenled below. Electric Fund Appropriation: Conservation Division - Material and Services 5150.000 5J 50.,0.0.0 Resource: Intergovernmental Revenues 5150.0.00 5J,;;~Q.Q..Q,Q To recognize the receipt of un additional $150,000 from Bonneville Power Administration for the FY 2009~ 20 to Conservation program. The increased appropriations \\'i11 allow the Conservation Division to provide additional support to Ashland's customers in power use reduction and conservation beyond the original 565,00.0 budgeted. TOTAL ALL FUNDS m,Q,QQO S-1S",Q.QQj! CITY OF ASHLAND Memo DATE: TO: FROM: RIO: December ], 2009 Lee Tuneberg Dick Wanderseheid Supplemental budget lor increased Conservation funding Every year the City receives a discount (Conservation Rate Credit or CRC) on our wholesale power bill which must be spent on qualifying conservation or renewable encrgy activities or it must be paid back to the Bonneville Power Administration (BPA). After the money is passed through to Ashland citizens and businesses we report these activities to BP A via a Web based reporting system. Once we have spent enough dollars 10 satisfy the discount amount, we can then fund additional activities and get reimbursed lor lhem, plus administration costs from BPA. under our Conservation Acquisition Agreement (CAA) we have with BI'A. This year has bccn cspccially active and recently we complcted major lighting rctrofit projects with the Ashland Sehooi District for both Ashland High School and Middle School. Since the city has met our discount amount this year, reimbursement for these projects will be forthcoming Irom BP A under our CAA. These projects however, have deplctcd mOSl of our City Conscrvation budgel for thc rcmaindcr of the City's fiscal year and thus in order to continue to fund customcr conservation we nced to adopt a supplemental budget with an additional $]50,000 for the rcmainder of FY2009-1O. This will ensure there is adequate budgel authority to fund our on going efforts. BPA will be reimbursing the City for these funds so lhere will be no net fiscal impact on the City of Ashland by adopling this supplcmcntal budget. Let mc know if this mcmo provides adcquate information to proccss this request. Please fccl free to give mc a call if you need furthcr details or have questions about this request EICClricDept. 90 N Moon",in St. Ashland. Oregon 97520 'NYNi.ashland,Ol',US Tel: 541-481l-5357 r..541-S5224J(\ TTY: 8110-735.2900 ~~, CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Resolution Adopting a Fee Schedule Pursuant to the City of Ashland Municipal Code, Chapter 18.61. February 2,2010 Primary Staff Contact: Community Development E-Mail: None Secondary Contact: Martha Bennet Estimated Time: Amy Gunter, Asst. Planner guntera@ashland.or.us Bill Molnar, Director 20 minutes Question: Does the Council approve the proposed resolution to establish a fee schedule for Mitigation, Enforcement and Restoration in accordance with the Tree Protection and Preservation Chapter (AMC 18.61)? Staff Recommendation: Staffrecommends the approval of the proposed Resolution which adopts a fee schedule for Mitigation, Enforcement and Restoration as provided for in the Tree Protection and Preservation Chapter 18.61 of the Ashland Land Use Ordinance. Background: The Tree Protection and Preservation Chapter 18.61 of Ashland's Land Use Ordinance describes mitigation options for tree removal, including the planting of new trees on-site or off-site, as well as the option of making payment into a designated "Tree Account" in lieu of planting. Additionally, the Chapter establishes penalties for violations. Including an enforcement fee for restitution and a restoration fee to provide to the City for replacing the tree(s) removed. While the Tree Preservation and Protection Ordinance was approved by the City of Ashland in 2002, a resolution establishing the fees for mitigation, enforcement and restoration fees never was. The proposed resolution establishes a schedule. for such fees. In June 2002 the City of Ashland adopted the Tree Protection and Preservation chapter of the Ashland Land Use Ordinance (AMC 18.61). At the time of adoption, the language within the ordinance anticipated the subsequent approval of a fee schedule by Resolution of the Council at a later date. The Ashland Tree Commission requested the proposed Resolution be added to the City Council agenda for adoption in July 2009. Currently within the AMC 18.61 the only option for mitigation of tree removals is on the site of where the tree was removed, on other property in the applicant's ownership or control within the City, in an open spac'e tract that is part of the same subdivision, or within a City owned or dedicated open space or park. Due to specific site conditions, such as steep slopes, lot layout, existing landscaping, etc., replanting on the site may not always be the most appropriate place for a replacement tree. In lieu of planting, the proposed resolution allows for paying into a tree account the value of the tree(s) removed. Currently, tree removal performed in violation of AMC 18.61 cannot be assessed an enforcement fee beyond the standard Land Use Ordinance language (AMC 1.08) pertaining to a fine per day of violation. The proposed enforcement fee adds a 'business standard' for tree planting and covers any Page I of2 r.l' CITY OF ASHLAND expense the City may incur for expenses related to the enforcement. This fee was based upon consultation with Ashland Parks and Recreation staff, and a landscape installer's cost per tree installation, including purchase, planting and maintenance for two years. Lastly, the ordinance allows for a restoration fee, which includes a set "Standard Fee per Caliper Inch" that is required as one of the measures for the restoration fee. The Commission reviewed 'fees per caliper inch' from various communities around the country. Some communities have complex formulas based upon a base fee and an assessment of the tree's health, age, size, and 'value'. Many of the communities evaluated have set a fee of $1 00 to $150 per caliper inch. The Commission discussed having a higher value for hardwoods vs. softwoods or for specific species, but for ease of implementation the Commission determined one number would be best. Based on their research of a 'standard fee', $150 was the amount chosen. Related City Policies: Parks, Open Space and Aesthetics Element - Ashland Comprehensive Plan Chapter 18.61 Tree Protection and Preservation, ALUO - Purpose Statement Council Options: The Council may adopt the Resolution to 18.61 Tree Protection and Preservation as proposed, approve the Resolution with specific modifications, or direct Staff to make changes and bring Resolution back for adoption at a later date. Potential Motions: Move to adopt the proposed Resolution, which in accordance with the language set forth in the Tree Protection and Preservation Chapter ofthe Ashland Municipal Code (18.61), establishes a fee schedule for Mitigation, Enforcement and Restoration. Attachments: Chapter 18.61 Tree Protection and Preservation Resolution Relevant Sections - Chapter 18.61 Minutes of December 3,2009 Tree Commission Meeting Page 2 of2 r.l' RESOLUTION NO. 2010- A RESOLUTION ADOPTING A FEE SCHEDULE PURSUANT TO THE CITY OF ASHLAND MUNICIPAL CODE, CHAPTER 18.61. Recitals: A. Ashland Municipal Code Chapter 18.61.020.N [Tree Account] authorizes the Council to establish an account for the receipt of funds to be utilized for future tree purposes. B. Ashland Municipal Code Chapter 18.61.084.C [Payment in lieu of planting] authorizes the Council to set a fee to be paid into the tree account if "no feasible' alternative exists to plant the required mitigation." C. Ashland Municipal Code Chapter 18.61.130.8 [Enforcement Fee] authorizes the Council to set a fee to be paid to the City as restitution to recover the costs of enforcement. D. Ashland Municipal Code Chapter 18.61.130.C.1 [Restoration Fee] authorizes the Council to set a fee to be paid to the tree account as restitution to the city to recover the costs of restoring trees. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. This resolution hereby establishes a Tree Account for the receipt of funds to be utilized for future tree purposes. SECTION 2. Payment in Lieu of Planting Fee. The payment shall be of an amount equivalent to the estimated cost of buying and planting the trees that would otherwise have been required to be planted on site, or a minimum of $400.00. Payment in lieu of planting trees on site shall be to the City of Ashland Tree fund and made at the time of the signature of the final survey plat, prior to the issuance of any building permit for the property or prior to the issuance of a Certificate of Occupancy or prior to the completion of the project permit requiring the tree replacement, whichever occurs first. SECTION 3. Enforcement Fee. In addition to the General Penalty fees stated in Ashland Municipal Code Chapter 1.08.010, an enforcement fee of $75 per hour with a minimum of $150 shall be assessed to recover City expenses relating to enforcement of any violation of Chapter 18.61. The enforcement fee shall increase annually in July of each year, by multiplying the fee by a fraction, the numerator of which is the CPI Index Figure for the month of March proceeding the July in which the fee is to be increased and the denominator of which is the Base CPI Index Figure. As used in this section, "Index" refers to the All Urban Consumers (CPI-U), U.S. City Average, CPI Index published by the Bureau of Labor Statistics of the United States Department of Labor. "Base CPI Index Figure" shall refer to the Index number indicated for the month of March, 2006, and the "CPI Index Figure" for any other month shall refer to the Index number for that month. Page 1 of 2 SECTION 4. Restoration Fee. The fee shall be paid into the City's Tree Account and shall be a standard fee of $150 per caliper inch for the total number of caliper inches of the tree damaged or removed in violation of this chapter. SECTION 5. This resolution was duly PASSED and ADOPTED this ,2010, and takes effect upon signing by the Mayor. day of Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of ,2010. John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Page 2 of 2 CITYOF ASHLAND LAND USE CODE CHAPTER 18.61 TREE PRESERVATION AND PROTECTION Relevant Sections 18.61.020 Definitions N. Tree Account means an account established by resolution of the Council for the receipt of funds to be utilized for future tree purposes, as outlined in the resolution. 18.61.084 Mitigation Required C. Payment in lieu of planting. If in the City's determination no feasible alternative exists to plant the required mitigation, the applicant shall pay into the tree account an amount as established by resolution of the City Council. 18.61.130 Penalties B. Enforcement Fee. In addition to any fine, the court may impose an enforcement fee as restitution for the enforcement costs incurred by the City. This fee may be imposed upon any person who violates any provision of this chapter or who violates any permit or condition of any issued under this chapter. The fee shall be in an amount established by resolution of the city council. C. Restoration fee. In addition to any fine and enforcement fee, the court may impose a restoration fee as restitution to the city for restoring the tree. This fee may be imposed upon any person who violates any provision of this chapter or who violates any permit or condition of any permit. 1. The fee shall be paid into the City's Tree Account and shall be a standard fee per caliper inch for the total number of caliper inches of the tree damaged or removed in violation of this chapter. The standard fee shall be in an amount as established by resolution of the City Council. ~i.' CITY OF ASHLAND ASHLAND TREE COMMISSION MINUTES December 3, 2009 CALL TO ORDER - Co-Chair Zane Jones called the Ashland Tree Commission meeting to order at 6: 10 p.m. on December 3, 2009 in the Siskiyou Room in the Community Development and Engineering Services Building located at 51 Winburn Way, Ashland, OR. Commissioners Present Council LIaison Zane Jones Kale Jackson - absent Casey Roland Kerry KenCairn Staff Present Amy Gunter, Assistant Planner Anne Rich, Parks Decartment APPROVAL OF MINUTES Novem"er 5, 2009 Tree Commission Minutes - KenCaim I Rowland m/s to approve the minutes of Nov~mber 5, 2009. V oice vote: all AYES. Motion passed. The minutes were approved as submitted. WELCOME GUESTS None TYPE I REVIEW PLANNING ACTIONS: 2009-01483 SUBJECT PROPERTY: 44 Second Street APPLICANT: Trinity Parish DESCRIPTION: A request for a Tree Removal Permit approval for a hazard tree located at 44 Second Street. The tree is located at the northwest comer of the building near the Labyrinth. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-l-LJ; ASSESSOR'S MAP #: 39 IE 09 BD; TAX LOT: 3600 & 3700 Recommendation: That a I !h. inch caliper deciduous tree that will achieve equal or greater size at maturity shall be planted on the property within one year. PLANNING ACTIONS: 2009-01431 SUBJECT PROPERTY: 377 Lantern Hill APPLICANT: Kerry KenCairn for Slephen Shekhar DESCRIPTION: A request for a Modification of the Tree Protection and Preservation Plan approved as part of Planning Action 2008-01843, Physical and Environmental Constraints Review Permit for Hillside Development. The excavation of the foundation for the new addition to the single-family residence compromised the root structure of a inch DBH Douglas Fir tree that was originally proposed for preservation as part of that plan. The tree is located to the south of the building that is currently under construction. COMPREHENSIVE PLAN DESIGNATION: Rural Residential; ZONING: RR-.5; ASSESSOR'S MAP#: 39 IE08DD; TAX LOT: 910 Recommendation: No additi~:mal co"-!ments or conditions of approval. ACTION ITEMS Tree City USA Application The Tree City USA appiieation is due in Salem on December 15. All departments have reporled and the City should be able to qualily for a Tree City USA Growth Award application because of Anne Rich's completion of Community Tree Management Instilule (CTMJ). Plaque Installation at Science Works Bald Cypress The plaque provided by the State of Oregon honoring the Bald Cypress as one of the 150 trees planted in honor of Oregon's Sesquicentennial will be installed on Earthday in April, 2010. DISCUSSION ITEMS Tree Resolution - "Standard Fee per Caliper Inch" The Commission has been working towards having the language in the Tree Protection and Preservation section of 18.61; l8.61.084.C [Payment in lien of planting], 18.61.130.B [Enforcemenl Fcc] & I 8.6 1.1 30.C [Restoration Fee] adopted by resolution. The "standard fee per caliper inch" language needed to be set. The Commission reviewed 'fees per caliper inch' from various communities around the country. Some communities have complex formulas based on a base fee and then assessment of the trees health, age, size, and 'value'. Most communities have set fee of $100 to $150 per caliper inch. The Commission discussed having a higher value for hardwoods VS. softwoods or for specific species but for ease of implementation they determined one number would be best. Based on the 'standard fees' they researched, $150 was the chosen amount. ITEMS FROM COMMISSIONERS Liaison Reports: Council: Councilor Kate Jackson spoke about the City Council working towards establishing classes of offenses. The various types of code violations would lead to a class of fines so lhat not all offenses would result in court cases but would be payable by a fine. - Parks: Anne Rich spoke about her experience going to CTMl and her project that is required as the 'capstone'. Anne used a program called I~Trces where she inventoried trees in the downtown and the program t'ound the value of those trees both environmentally and tinically. Croman Advisory Committee Meeting (CAe): No report Current Balance - $ 590.00 ADJOURNMENT - Commissioner Jones adjourned the meeting at 8:00 PM. Respectfully submiffed by Amy Gunter, Assistant Planner 2 CITY OF ASH LAN D Council Communication "--' Resolution Relating to the Distribution of Transient Occupancy Tax Revenue . and Repealing Resolution 2008-35 Meeting Date: February 2,2010 Primary Staff Contact: Department: Administrative Services E-Mail: Secondary Dept.: None Secondary Contact: Approval: Martha Benne Estimated Time: Lee Tuneberg tuneberl@ashland.or.us None 30 Minutes Question: Will the Council approve a resolution allocating Transient Occupancy Tax (TOT) revenue for tourism and non-tourism purposes for FY 2010-2011 and establishing criteria for the grant program? Staff Recommendation: Staff recommends Council pass the resolution updated for the discussion after the Council meeting on January 19,2010. Background: On January 19, 2010, Council indicated a desire to keep the process similar to what has been done in the past but to bring back a revised resolution that addresses specific concerns. Staff has revised the resolution, application and worksheet allocating the Transient Occupancy Tax proceeds to fund economic and cultural programs and General Fund services to respond to those concerns. The revenue estimated for this current fiscal year was used to arrive at the amounts to be distributed, Mayor and Council recommendations are high-lighted as is the new elements created by staff in response to things learned from earlier processes. Staff recommends that Council first resolve the allocation of funds among different categories. Council can then amend the criteria or intended outcomes for the funds to be awarded through the grants. The application has incorporated more of the draft resolution and in more simple terms to meet suggested improvements, It also has a table where the applicant can identify existing public participation in the proposed program and the expected or targeted outcomes from the grant monies awarded and spent. One clari fication that is import is that all grant recipients are asked to report on how the money was used and what was the outcome (effectiveness) of the granted monies, The application also requires the applicant to identify what "system" of tracking will be used to show effectiveness. Staff does follow up on the contract and use of granted funds and has been very successful in getting , the reports. However, if a grant recipient does not report and does not apply again there may be little that can be done to obtain the information. Page I of2 r.l' -' CITY OF ASHLAND Council was also given the opportunity to propose changes in wording and programs for granting. The only proposal received is the program proposed by the Mayor. His recommendation is the first attachment. Staff is in need of an approved resolution from this meeting to provide sufficient time to notice and issue applications to the community. Related City Policies: City of Ashland Financial Management Policies, Budget Document Appendix , Council Potential Motions: Council moves to approve the resolution as presented (as amended?) per discussion. Attachments: Mayor memo dated January 26, 2010 on proposed grant program Draft Resolution Draft E&C Grant application Resolution 2008-35 Economic and Cultural Development Grant History FY 2000-2010 . Page 2 of2 r~' 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 HOTEUMOTEL (Transient Occupancy) TAX AND REPEALING RESOLUTION 2008-35. 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. Encourage businesses that efficiently use '<I!at9r and minimize their impact on the environment such as water and air pollution or c eation of toxic waste. P.1r~ .~teel!Jsi e.ssesalil' JIil.~tit~ti0 elil~0.l!Jr eSl!Jstailil~ P.11i10li1tlze estaelIsffiei!l 0r@al'llzatI0IilS, eli1c~ Y' 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. Page 1 of 4 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 on June 3, 2008 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 60"0/1 , ,40. "'Y^:' .^~ fli1Wcl .""O/l 11,.I:HO (jo/J . )':. ~o/J ltlZ \ II. f( . ,.$1111 j\ .J~ 1ft' .-IY I\#P I 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 Priority General Fund operations - the greater of 70% of Unrestricted funds or 2nd Priority City Economic Development program the greater of 10% of Unrestricted funds or 3rd Priorit Other non-tourism ro'ects determined b Council $1,000,000 $150,000 Remainin Economic Development programs or other projects are City activities unless otherwise specified by Council prior to the budget process. Council may determine that such funds 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 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. SECTION 4. The following regLlireme'[lts are established for the Economic and Cultural Development Grants: a) Grantee shall be a 501 (c) non-profit agency. b) Grantee shall be a non-governmental agency. c) Grantee shall promote livability for the citizens of Ashland. Page 2 of 4 d) The minimum grant proposal will be $2,500. J e) The grant will benefit Ashland 1'~~'r:mS:~lDt;rr(;\1iIti!lJ'alrE!niJGhfi'1e1IDanCll~~ia4~~iJ~I~fi"j] EmemElrnie'loatur:e'l W'0ml&cMs) 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 2008-35 is repealed upon passage of this resolution, SECTION 6, This resolution was duly PASSED and ADOPTED this , day of , 2010, and takes effect upon signing by the Mayor. . Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of ,2010. John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Page 3 of 4 Attachment: Allocation for FY 2010-2011 only. City of Ashland Economic and Cultural Development Funding FY 2011 Percentage of Proposed 2011 Category Revenue: Transient Occupancy Tax $ 1,720,000 Expense: Non Tourism: General Fund $ 1,000,000 79% ./ Strategic Planning 150,000 12%' Small Grants 112,079 9%->7't1.?1~ 7US.~ Total Non Tourism $ 1,262,079 100% l1-,~~1 - Tourism: 60%.., ~~!),~ Chamber of Commerce VCB $ 275,000. OSF 110,000 24%/ 1l0,llllb s."l'I&? Small Grantees 45,000 10%~~ I Public Art 13,738 3%/ ~r. City Projects 14,183 3% -( ~ :;;--- Total Tourism $ 457,921 100% Total Economic and Cultural Development Funding $ 1,720,000 ~tj VV y,J Page 4 of4 CITY OF ASHLAND Memo DATE: TO: FROM: RE: January 27, 2010 City Council Mayor Adding Susrninabili'y as a Gran' Category in Resolution 2008-35 Introduction Sustninabiliry is becoming an increasingly important focus for this community, both because of broadly held interest and felt need to make Ashland more sustainable but also because being a rcCOgni7..cd center for sustainabilily could benefit our visitor economy. There arc monyorgnnizations and individuals here engaged in some aspect ofsusuunability - the latest up-datc oflhe Sustainability Inventory has 175 cmrics - and I bclic'tc they too should be eligible lor TOT funded grants. (Some of these organizations already quaHfy under the current guidelines but others don't nnd making the susminability aspa't of their work: more visible and explicit has value in itselO. Rcsolmion Changes Therefore J am proposing that a new sub-section be added to Section 2. cflh.: enabling resolution, as follo\vs: 2. d) Sustainllbility Carry out the following types ofprojt.'ClS: actual work; training; conferences: grant writing; research; fund-misers; invention/development. In these categories. including, but not limited 10, the examples listed: I - Energy: conservation; renewables; ncw sources; 2 ~ Water: right water/right use; conservation; ruin water catchments; !-o1oro) waler management 3 - Forest: sustainable forestry; fire managcment~ monitoring 4 ~ Science: climate change; use of science in decision-making: ecological studies S - Approprimc technology: car share; alternative trnnsportmion; 6 - Gardening & Agriculture: local food production; composting; Sc."Cd collection; 7 - Ewnomics: public rrwkets; buy locally; visitor events; locali7.ing capital; micro lending; start~up funding and consulting. 8 - Ecology Appliculions: riparian reslorolion; no kill shelters; urban/wilderness interface; 9 - Communit)' building: dispute resolution; emergency food; homeless shelters; fairplay forums; communications/information dissemination; meeting facilities; youth support.; co-housing; .One grant. not to exceed SI2.300l10 fund five $1,000 start-up grants and two $2.500 start-up grants; the balance for adminbtrutive costs; number of grants mny be reduced if necessary to provide insurance. Note that this grant is intended for supporting suslainability start-ups. The grnntee would provide funding designed for new and small sustainability organizations that may nol have SO 1 c (3) s.tatus and for whom providing their own insurance or even completing the standard application process, would be burdensome. .~1I .._~ ~"r!OOllftH;tCtfD~1I Attachment: Allocation for FY 2010-2011 only. City of Ashland Economic and Cultural Development Funding FY 2011 Peroenlage of Proposed 2011 Category Revenue: Transient Occupancy Tax $ 1,720,000 Expense: Non Tourism: General Fund $ 1,000,000 79% S~alegic Planning 150,000 12% Small Grants 112,079 9% Total Non Tourism $ 1,262,079 100% Tourism: Chamber of Commerce VCB $ 275,000 60% OSF 110,000 24% Small Grantees 45,000 10% Public Art 13,738 3% City Projects 14,183 3% Total Tourism $ 457,921 100% Total Economic and Cullural Development Funding $ 1,720,000 4- 020210 TOT Revised Resolution.res.doc CITY OF ASHLAND r... , Application for Economic and Cultural Development Grant (Revised 1/12/10) DUE ~.1!!Y14~ pm to City of Ashland, Finance Department, 20 Eaat Main Street, Ashland, OR 97520 ApplicanUOrganization: Mailing Address: Contact Person: CitylZip: Phone No: Email of Contact Person: Altemate Contact Person: Altemate Contact Person Email: Phone No.: Organization Web Page: Federal Tax 10: IRS Class (Exernption): Grant Amount Requested (minImum $2,500): Resp~i.ItIOn'J[ZO:JO] The following are the goals which the Budget Committee Is attempting to meet by granting money to applicants for. SECTION 2: 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. 2. 3. 4. 5. 6. cl 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 Southem Oregon University on cultural programs Page 1 017 PLEASE ANSWER THE FOLLOWING QUESTIONS COMPLETELY. USE ADDITIONAL SHEETS IF NECESSARY. 1. State the purpose of your organization and rnission statement (found in your bylaws, articles of incorporation or subsequent board adopted mission staternents). 2. Give the history of your organization. 3. State the purpose of your grant request and summarize the programs/events for which you seek funding. ProgramlEvent Trtle Anticipated Dates a! Event Funding Request Page 2 017 4. How does your proposal benefit Ashland in regards to enrichment and activities of an economic or cultural nature? :;.J'i'~jilWhat [lercentage (and equivalent dollars) of your request will be used in the following categories per Resolution ~m (attached): Section 2 of Resolution 2Olfo:!: Percent Dollars a. Tourism Promotion' b. Economic Development c. Cultural Development TOTAL _100%_ . Use the following ORS 305.824 to assist in developing your number ORS.305.824 811 (3) A unit of local government that imposed a local transient lodging tax on July 1, 2003, rnay not decrease the percentage of total local transient lodging tax revenues that are actually expended to fund tourism promotion or tourism- related facilities on or after July 2, 2003. (5) Subsections (1) and (2) of this section do not apply to a new or increased local transient lodging tax if all of the net revenue from the new or increased tax.". is used consistently with subsection (6) of this section to: (a) Fund tourism promotion or tourism related facilities; (b) Fund city or county services; or (c) Finance or refinance the debt of tourism-related facilities.... (6) At least 70 percent of net revenue from a new or increased local transient lodging tax shall be used for the purposes described in subsection (5) (a) or (c) of this section. No more than 30 percent of net revenue from a new or increased local transient lodging tax may be used for the purpose described in subsection (5) (b) of this section. (7) 'Tourism promotion' means any of the following activities: (a) Advertising, publicizing or distributing information for the purpose of attracting and welcoming tourists; (b) Conducting strategic planning and research necessary to stimulate future tourism development; (c) Operating tourism promotion agencies; and (d) Marketing special events and festivals designed to attract tourists. (9) 'Tourism-related facility'; (a) Means a conference center, convention center or visitor information center; and (b) Means other improved real property that has a useful life of 10 or more years and has a substantial purpose of supporting tourism or accommodating tourist activities. Tourism is defined as sorneone who travels 50 miles or rnore or who spends the night in Ashland to attend an event. Page 3017 6. Please provide below or elsewhere a narrative or outline explaining what steps will be taken to accomplish each category's goals. 7. If you do not receive the full amount of your request, how will you use a smaller amount of funds in each category? Specifically any amount for tourism must be reported on per the financial assistance award contract. 8. How are you working to develop other sources of revenue? 9. Describe interagency/organization collaboration (briefly describe other organizations that you share or cosponsor services or programs. May include sharing of staff, facilities, equipment or program materials.) Page4of7 10. What percentage of your total funding is requested in this grant? Please provide a budget for the other funding sources you receive compared to the budget for the funds received from the City of Ashland. 11. What percentage of your total expenditures goes toward your Ashland program/event? 12. The City of Ashland requires all grant recipients to provide the City with certification of General liability insurance in the amount of $500,000 or more, naming the City of Ashland its officers and employees as additional insured. Will you be able to provide this coverage? _ 13. Please project when you will reasonably be able to report on how you spent the money, and what systems you have in place for gathering the data for the outcomes on the use of the grant funds or will be put in place to r:eport the outcomes. Date System: 14. Please list all Board members, their occupations, and years on the board. Name Address Phone OCCUDatIon Title T enn of Office Page 5 of7 City of Ashland Client Demographic Profile T~ese1~!i~\!,C!l:are.~o fe~~~Cri~"ts/l1.~tJ;OrsfQ~'tf1~ila,st'1 ?:Teri~hs,~' f?1~af~.uji~ es.li~al~; . . P.erceptageS:'Where;lden!lfie!J-apd.dollars:where identlfied..>3." '. ";: '.: . . ......u.~ .:....>: ; ..':' Organization Name: ProgramlEvent Name: For the Twelve month period of: I. Client/Patron Age (percentage) Infants 0 to 4 years Youth 5 to 17 years Adult 18 to 39 years Adult 40 to 64 years Adult 65 and over Unknown Total NEW,! III, Please indicate below the current percentage of client/patron residence from each city totaling 100%. the amount of the grant that will be applied to each city, and the outcome residence of each city due to your organization being awarded the funds. II. Staff Residence (percentage) Ashland PhoenixlTalent Medford Other Unknown Total Example: ThIs example shows how the organization will use the funds targeting Over 50 miles and the outcome that is expected. Ashland PhoeniXIT alent Medford Over 50. Miles Unknown Current Client/Patron Residence percentage 25% 5% 15% 55% 0% Amount of Requested Grant Dollars to be used in each City $0,00 $0.00 $0.00 $10,000.00 $0 Result of Grant Funds ClienllPatron Residence percentage 20% 3% 12% 65% 0% IV, Of the Client/Patronage identified above, what percent do you estimate stayed over night to attend your event?_ Page 6 017 CITY OF ASHLAND GRANTS PROGRAM BUDGET Please use this page to identify the program within your organization that you are requesting funds for, APPLICANT/ORGANIZA TION: PROJECT NO.: PROGRAMIEVENT TITLE: PROJECT PERIOD: July 1, _ to June 30,_ REVENUE Cilv of Ashland CDBG Funds $ Citv of Ashland General Funds $ Jackson County Funds Ildentify: $ Other State or Federal Funds /Identify: $ Other Funds /Identify: $ $ TOTAL REVENUE $ EXPENDITURES A. PERSONAL SERVICES (List EmDlovees bv Position Title) Total Salaries % of time to project $ 1. % 2. % 3. % 4. % Total Benefits $ 1. 2. 3. 4. TOTAL PERSONAL SERVICES $ B, MATERIALS & SERVICES: $ $ $ $ TOTAL MATERIALS & SERVICES $ C. CAPITAL OUTLAY (must constitute Dart or all of funded oublic service activitv to be elioible exoensel Eauioment $ Fumishinas $ Other caDital eXDenses /Identify: $ TOTAL CAPITAL OUTLAY $ TOTAL EXPENDITURES (Sum af A, B & C) $ Attach additional pages if needed, Page 7 0'7 RESOLUTION NO. d~. 3S A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND REITERATING ITS POUCY RELATING TO THE EXPENDITURE OF MONIES FOR ECONOMIC AND CULTURAL DEVELOPMENT TO THE HOTEUMOTEL (Transient OccupancYI TAX AND REPEAUNG 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 HotellMotel 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 slays 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 5to 100 people or is locally owned. 4, Encourage use of local resources. .5. Work with Southern Oregon University, especially for international commerce. 6. Encourage businesses that efficiently use water and minimize their impact on the environment such as water and air pollution or creation of 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 locallalent 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 tolal HoteUMotel 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. Beginning in Fiscal Year 2009-2010, the City Council will appropriate: 1- 100708 TOT Revised Resolution.res , 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 on June 3, 2008 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 Or on Shakes are Festival Economic and Cultural Develo ment Grants - Tourism Public Art Remainin to tourism ro'ects determined in bud et rocess 43% 23% 21% 3% 10% 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: 1st Priority General Fund operations - the greater of 70% of Unrestricted funds or 2nd Priority City Economic Development program the greater of 10% of Unrestricted funds or 3rd Prio ' Other non-tourism ro'ects determined b Council $1,ODO,000 $150,000 Remainin Economic Development programs or other projects are City activities unless otherwise specified by Council prior to the budget process. Council may determine that such funds 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 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, 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. b) Grantee shall be a non-govemmental 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. t) 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 2- 100708 TOT Revised Resolution.res 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 This resolution was duly PASSED and ADOPTED this?' , day of , 2008, and takes effect upon signing by the Mayor. ~~ arbara Christensen, City Recorder SIGNED and APPROVED this /0 day of tJc/6~ ,2008. Reviewed as to form: 'son, Mayor 3- 100708 TOT Revised Resolution.res f~" Attachment: Allocation for FY 2008-2009 only. Table Revised for New Tax 1011/08 EstImation Starting 10/1/08 Staff Recommendation TOTAL REVENUE $1,775.000 Subtotal Non Tourism $1,383,000 . General Fund $1,017.000 . SmaD Gran1s $116.000 . Chamber Economic De.. $80,000 . l".llvEoonomicDev Plannino $170.000 SubtolaI tourism $392,000 . VCB crant $225,000 . OSF $120,000 . SmaD tourism crants $9,000 . Public Art $9,000 . Qualified . $29,000 , 4- 100708 TOT Revised ResoIution.res . ~~. _._-- , ... -- ~.. ~.,_.- . .. . . City of Ashland Economic and Cu~ural Development Grant History GENERAL FUND FY 00.01 FYOH12 FY 02-03 FY 0J.04 FYQ4.05 FYl)5.45 FY 0&47 FY07>01 FY~ FY09-10 11110 Actual Actual Actual Actual Actual _I Actual AclUaI Actual Adopted E<<>nomlc and Culturalllevelopmenl Gnlnll S 388,600 I- I 317,000 $'llI,IOO $- I ~~70 1....659 1 527,519 1 SOI,333 1542,079 Supported by Resolution No. # 199&-23 # 200Q.25 # 200Q.25 #201JO.25 # 2004032 # 2004-32 # 2004-32 /12007.()8 /12007.()8 #2003-35 Agency and Program Namt Awarded Awa_ Aw4tded Aw.rded Awarded -- AWlrded Awarded A_ Adopted - I $ 1 1.000 $ 2.500 $ 15.000' $ 1 $ $ - 1.000 1.205 -EIlIstptbes 2.500 2,500 AIls C<udo/ _Oregon 3.600 3.000 3.000 3.500 . 1,500 3.000 2.381 __Gaby&ArtCentet 20.000 _Bodan<t__ 5.000 7.000 Ashland C<lmmunI7 Thealnl 3,400 4.000 4.000 4.000 2.500 AshIandGellely_ 5.000 2,500 2.000 2.500 5.000 10,500 16.000 16.000 11,000 15.000 Bale! Rogua 7.800 5.000 4.500 4.500 5.000 6.000 6,500 4.500 5.000 Chaulauqua Poets and _ BoanI 5.000 4.000 2.500 C<lmmunI7 wms 8.000 1,000 5,000 2.500 2,500 0anci1g PeopIa ~ 2.500 2,500 4.000 The G<aen Room 3,000 -- 1.000 2,000 1,100 TheJetfersonCenter 2,500 2,500 Konaway Nlka TDloJm 5,000 Utt;a AIls <Md 0/ O<egon 4.000 5.000 9.000 10,500 5.000 6.019 l.onulkalsl 1.000 .tdiCulml_ 10.000 2,500 -Gaby 2,000 1.500 2.500 ONJeon Bed & e.aaldaslGlJld 1.500 O<egon Slaga WoIks 8.000 5.000 7.500 4,500 5.500 Planned _. T... Theaw Prog.... 1.500 RogoeOpem 2.600 3.250 2.500 3.000 6,000 S.500 7.000 10.500 7,000 6.000 Rcgue V""" C<lmmunI7 ne,"'I'"'''' CofponIlion 2,500 Rog.a VaIIay~tJony 4.200 4.000 3.500 4.000 6.000 7.000 8,000 12.500 6.710 5,500 - 4.500 7,500 12.000 15.000 16.000 18,500 16,567 .25,000 SlstJyoo5rQar.l 2,000 1,750 2,000 4,100 5.000 5,000 3.375 2,500 ......" O<egon Contort Band 2,500 So. OR Ealn.llMIo9. C4aIilon. (EmlgIanIlllto Powwow) 3.000 2.000 SOU, NalNe_ _Program 2,500 3,000 2.500 _"'->____FOnF_ S.OOO 5.000 3.000 3.000 6,500 14,000 16.000 21.m 19.566 26.000 -~-- 3.600 2.143 7.500 SoulIlem Oregon Repartooy 5rQar.I 1,000 2,500 3~75 2,500 2,500 WNAC 7.400 7,000 4,710 5,714 8.500 9.000 6,000 Sletm<Produdions 1.000 2.000 4.000 3.500 4,000 5.000 4.000 5.000 THRIVE 3.714 6.500 6,745 11,000 15,000 15,567 11,000 Theawa_ 1,000 YouIlI Symphony 0/ O<egon 3.400 3,250 2,000 3.000 4.000 5.000 5.000 6,000 3,500 4.000 Su_1 89,500 46,000 I6,l6O 02,428 89,243 117,745 146,886 155,749 125,810 151,019 Ashland Chamber of Comnen:a 216,400 230.000 232,800 262.141) 241).432 285.281 287.645 255.070 262,722 275.000 O<egon _e.pe<<.FosIIvaI 100,700 107,335 101.640 122.332 110,000 112,200 113.300 116.700 120,201 110.000 Subtotal 317,100 337,335 341,84ll 388,412 350,432 357,181 350,945 371.ne 382,923 385,000 Total $ 366,600 1383,335 1 388,000 $ 836,900 $ 439,675 $ 875,185 1 507,031 $ 527.519 1 SOI,333 I 542.919 ~ No Ionoer il business. not lunded ~o.kilI""'Gqnts\CAlH'CtCty\ECOlMqmenlGallIti3ry 1r.!l'n0102:31PU Plgelofl 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 HOTEUMOTEL (Transient Occupancy) TAX AND REPEALING RESOLUTION 2008-35. 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. Encourage businesses that efficiently use water and minimize their impact on the environment such as water and air pollution or creation of toxic waste. f.lrernate 5l!1sililesses alilCl irnstitl!ltialils tffiat elile(i)l!Ir.age sClstaina5ili!}i" f.lliiar,itize esta5listfie<:l er!!jalilizatielils. ~fraJil) ~r.ie1 Page 1 of 5 . ,,,.,._.,, ;. tan:rn water. ftWt~. 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. . 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 on June 3, 2008 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 '6'(i)-"71 '- I. ') Ulo __:_I!ll..O (JI v hllT~~ 'lC;AIJl:~O: l1[@}'ZQ :,,'07 ;:>1'1.0 0'0,1 9X~Q Page 2 of 5 020210 TOT Res Setting Grants.Atch2.doc 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 Priority General Fund operations - the great~r of 70% of $1,000,000 Unrestricted funds or 2nd Priority City Economic Development program the greater of 10% $150,000 of Unrestricted funds or 3rd Prioritv Other non-tourism oroiects determined bv Council Remainina Economic Development programs or other projects are City activities unless otherwise specified by Council prior to the budget process. Council may determine that such funds 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 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. SECTION 4. The following l:eguir:erri'entS are established for the Economic and Cultural Development Grants: a) Grantee shall be a 501 (c) non-profit agency. 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' termszoftcultUralerfriclimeliIt aridloi1activities otan ~ilipmiGril:atU(~ 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 2008-35 is repealed upon passage of this resolution, SECTION 6. This resolution was duly PASSED and ADOPTED this , day of , 2010, and takes effect upon signing by the Mayor. Page 3 of 5 020210 TOT Res Setting Granls.Alch2.doc Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of Reviewed as to form: Richard Appicello, City Attorney Page 4 of 5 ,2010. John Stromberg, Mayor 020210 TOT Res Setting GrantS.Atch2.doc Attachment: Allocation for FY 2010-2011 only. City of Ashland Economic and Cultural Development Funding FY 2011 Percentage of Proposed 2011 Category Revenue: Transient Occupancy Tax $ 1,720,000 Expense: Non Tourism: General Fund $ 1,000,000 79% Strategic Planning 150,000 12% Small Grants 112,079 9% Total Non Tourism $ 1,262,079 100% Tourism: Chamber of Commerce VCB $ 275,000 60% OSF 110,000 24% Small Grantees 45,000 10% Public Art 13,738 3% City Projects 14,183 3% Total Tourism $ 457,921 100% Total Economic and Cultural Development Funding $ 1,720,000 Page 5 of 5 020210 TOT Res Setting Grants.Atch2.doc CITY Of ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Adoption of Findings for Planning Action #2009-00784 - Annexation and Zoning Map Change from Jackson County zoning RR-5 (Rural Residential) to City of Ashland zoning E-l (Employment) for an approximately 1.02-acre parcel located at 615 Washin2ton Street. February 2,2010 Primary Staff Contact: Community Development E-Mail: Legal Secondary Contact: Martha Benn Estimated Time: Derek Severson seversod@ashland,or.us Bill Molnar 10 minutes Question: Does the Council wish to adopt the attached findings to complete the land use ordinance portion of the annexation process for the property at 615 Washington Street? Staff Recommendation: Staff recommends that the Council adopt the proposed findings with the accompanying conditions of approval attached. Background: At the January 5, 2010 meeting, the Council approved the application for an Annexation and Zoning Map Change from Jackson County zoning RR-5 (Rural Residential) to City of Ashland zoning E-I (Employment) for an approximately 1.2-acre parcel located at 615 Washington Street. Attached are the findings supporting that decision for adoption by the City Council. The application involves the annexation and subsequent development of a 17,650 square foot warehouse/light manufacturing building and its associated parking area and landscaping upon a 1.02- acre parcel located at 615 Washington Street. The property is located within Ashland's Urban Growth Boundary, but outside the existing City Limits. The Ashland Comprehensive Plan identifies the future zoning of the property as an Employment (E-I) district. Washington Street, an existing commercial collector street, abuts the eastern boundary of the property and is currently paved but lacks bicycle lanes, curbs, gutters, sidewalks or parkrow planting strips. Public utilities are installed within the existing right-of-way. As part of the annexation request, the applicant will dedicate additional right-of-way to accommodate required improvements and provide financial security to guarantee completion of required half-street improvements along the property's frontage following completion of a comprehensive planning process for the area street system taking into consideration the nearby wetland and proximity to the Interstate 5 freeway right-of-way. The applicant intends to construct a 17,650 square foot warehouse/light manufacturing building and its associated parking area and landscaping to serve the applicant's Modern Fan business on the adjacent property at 709 Washington Street. Page I of2 r~' CITY OF ASHLAND. Related City Policies: Comprehensive Plan Policy VII-I: The City shall zone and designate within the Plan Map sufficient quantity of lands for commercial and industrial uses to provide for the employment needs of its residents and a portion of rural residents consistent with the population projection for the urban area. Council Options: The Council may adopt the findings as presented or modify the findings and adopt the modification. Potential Motions: Move to adopt the findings for approval of Planning Action #2009-00784. Move to modify and adopt the findings for approval of Planning Action #2009-00784. Attachments: . Council Findings, Conclusions, and Orders supporting Planning Action #2009-00784 Page 2 of2 rAl BEFORE THE ASHLAND CITY COUNCIL Jackson County, Oregon February 2, 2010 IN THE MATTER OF PLANNING ACTION #2009-00784, A REQUEST FOR ANNEXA nON AND ZONING MAP CHANGE FROM JACKSON COUNTY RR-5 (RURAL RESIDENTIAL) TO CITY OF ASHLAND E-I (EMPLOYMENT) FOR AN APPROXIMATELY 1.02 ACRE PROPERTY LOCATED AT 615 WASHINGTON STREET. ) ) ) FINDINGS, ) CONCLUSIONS ) AND ORDERS ) APPLICANTS: Ron Rezek RECITALS: I) Tax lot #200 of Map 39 IE 14 AC is located at 615 Washington Street and is zoned Jackson County Rural Residential (RR-5). 2) The applicant is requesting an Annexation and Zoning Map change from Jackson County zoning RR-5 (Rural Residential) to City of Ashland zoning E-I (Employment) for an approximately 1.02-acre parcel located at 615 Washington Street. On September 29, 2009 the Planning Commission granted Site Review approval for the subsequent development of the property with a 17,650 square foot warehouse/light manufacturing building and its associated parking area and landscaping. The new warehouse/light manufacturing facility will serve the adjacent Modem Fan business at 709 Washington Street. 3) An annexation may be approved if the proposed request for annexation conforms, or can be made to conform through the imposition of conditions, with the following approval criteria described in 18.106.030 - Approval Standards: A. The land is within the City's Urban Growth Boundary. 8. The proposed zoning for the annexed area is in conformance with the designation indicated on the Comprehensive Plan Map, and the project, if proposed concurrently with the annexation, is an allowed use within the proposed zoning. C. The land is currently contiguous with the present City limits. D, Adequate City facilities for the provision of water to the site as determined by the Public Works Department; the transport of sewage from the site to the waste water treatment plant as determined by the Public Works Department; the provision of electricity to the site as determined by the Electric Department; urban storm drainage as determined by the Public Works Department can and will be provided to and through the subject property. Unless the City has declared a moratorium based upon a shortage of water, sewer, or electricity, it is recognized that adequate capacity exists system-wide for these facilities. P A #2009-00784 February 2, 2010 Page 1 E. Adequate transportation can and will be provided to and through the subject property. For the purposes of this section "adequate transportation" for annexations consists of vehicular, bicycle, pedestrian and transit transportation meeting the following standards: 1. For vehicular transportation a 20' wide paved access exists, or can and will be constructed, along the full frontage of the project site to the nearest fully improved collector or arterial street. All streets adjacent to the annexed area shall be improved; at a minimum, to a half-street standard with a minimum 20' driving surface. The City may, after assessing the impact of the development, require the full improvement of streets adjacent to the annexed area. All streets located within annexed areas shall be fully improved to city standards. Where future street dedications are indicated on the City's Street Dedication Map or required by the City, provisions shall be made for the dedication and improvement of these streets and included with the application for annexation. 2. For bicycle transportation safe and accessible bicycle facilities exist, or can and will be constructed. Should the annexation be adjacent to an arterial street, bike lanes shall be provided on or adjacent to the arterial street. Likely bicycle destinations from the project site shall" be determined and safe and accessible bicycle facilities serving those destinations shall be indicated. 3. For pedestrian transportation safe and accessible pedestrian facilities exist, or can and will be constructed. Full sidewalk improvements shall be provided on one side adjacent to the annexation for all streets adjacent to the proposed annexed area. Sidewalks shall be provided as required by ordinance on all streets within the annexed area. Where the project site is within a quarter of a mile of an existing sidewalk system, the sidewalks from the project site shall be constructed to extend and connect to the existing system. Likely pedestrian destinations from the project site shall be determined and the safe and accessible pedestrian facilities serving those destinations shall be indicated. 4. For transit transportation, should transit service be available" to the site, or be likely to be extended to the site in the future based on information from the local public transit provider, provisions shall be made for the construction of adequate transit facilities, such as bus shelters and bus turn-out lanes. All required transportation improvements shall be constructed and installed prior to the issuance of a certificate of occupancy for any new structures on the annexed property. And H. One or more of the following standards are met: . 1. The proposed area for annexation is to be residentially zoned, and there is less than a five-year supply of vacant and redevelopable land in the proposed land use classification within the current city limits. "Redevelopable land" means land zoned for residential use on which development has already occurred but on which, due to present or expected market forces, there exists the likelihood that existing development will be converted to more intensive residential uses during P A #2009-00784 February 2, 2010 Page 2 the planning period. The five-year supply shall be determined from vacant and redevelopable land inventories and by the methodology for land need projections from the Housing Element of the Comprehensive Plan; or 2. The proposed lot or lots will be zoned E-l or C-l under the Comprehensive Plan, and that the applicant will obtain Site Review approval for an outright permitted use, or special permitted use concurrent with the annexation request; or 3. A current or probable public health hazard exists due to lack of full City sanitary sewer or water services; or 4. Existing development in the proposed annexation has inadequate water or sanitary sewer service; or the service will become inadequate within one year; or 5. The area proposed for annexation has existing City of Ashland water or sanitary sewer service extended, connected, and in use, and a signed "consent to annexation" agreement has been filed and accepted by the City of Ashland; or 6. The lot or lots proposed for annexation are an "island" completely surrounded by lands within the city limits. 4) A Zoning Map Change may be approved if the proposed request conforms with the following approval criteria described in 18.108.060.8 - Standards for Type III Planning Actions: B. Standards for Type III Planning Actions. 1. Zone changes, zoning map amendments and comprehensive plan map changes subject to the Type III procedure as described in subsection A of this section may be approved if in compliance with the comprehensive plan and the application demonstrates that one or more of the following: a. The change implements a public need, other than the prOVISIOn of affordable housing, supported by the Comprehensive Plan; or b. A substantial change in circumstances has occurred since the existing zoning or Plan designation was proposed, necessitating the need to adjust to the changed circumstances; or c. Circumstances relating to the general public welfare exist that require such an action; or d. Proposed increases in residential zoning density resulting from a change from one zoning district to another zoning district, will provide 25% of the proposed base density as affordable housing consistent with the approval standards set forth in 18.1 06.030(G);or e. Increases in residential zoning density of four units or greater on commercial, employment or industrial zoned lands (i.e. Residential Overlay), will not negatively impact the City of Ashland's commercial and industrial land supply as required in the Comprehensive Plan, and will provide 25% of the proposed base density as affordable housing consistent with the approval standards set forth in 18.1 06.030(G). P A #2009-00784 February 2, 2010 Page 3 The total number of affordable units described in sections D or E shall be determined by rounding down fractional answers to the nearest whole unit. A deed restriction, or similar legal instrument, shall be used to guarantee compliance with affordable criteria for a period of not less than 60 years. Sections D and E do not apply to council initiated actions. 5) The Ashland City Council, following proper public notice, held a public hearing on January 5'\ 2010 at which time testimony was received and exhibits were presented. The City Council approved the application for Annexation and Zoning Map- Change from Jackson County Rural Residential (RR-5) zoning to City of Ashland Employment (E-l) zoning subject to conditions pertaining to the appropriate , development of the site. Now, therefore, the City Council of the City of Ashland finds, concludes and recommends as follows: SECTION 1. EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with a "P" Opponent's Exhibits, lettered with an "0" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M" SECTION 2. CONCLUSORY FINDINGS 2.1 The City Council finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 2.2 The City Council finds that the proposed Annexation and Zoning Map change from Jackson County zoning RR-5 (Rural Residential) to City of Ashland zoning E-l (Employment) for an approximately 1.02-acre parcel meets the approval criteria for an Annexation and Zoning Map change as described in 18.108. The property is located within the Urban Growth Boundary, immediately north of and contiguous to the existing City limits. The Comprehensive Plan designation for the site is Employment. The proposed E-l zoning is consistent with that designation, and the proposed warehouse use is allowed within the E-1 zoning district. 2.3 The City Council finds that adequate City facilities for the provision of water to the site as determined by the Public Works Department; the transport of sewage from the site to the P A #2009-00784 February 2, 2010 Page 4 waste water treatment plant as determined by the Public Works Department; the provision of electricity to the site as determined by the Electric Department; urban storm drainage as determined by the Public Works Department can and will be provided to and through the subject property. Specifically, the application proposes to utilize existing services within the right-of-way which already serve the existing Modern Fan building to the south. With two recent annexations in the immediate vicinity, for Oak Street Tank and Steel and Brammo Motorsports, utilities in this area have had recent upgrades and there are now eight-inch water and sanitary sewer lines in place within the Washington Street right-of-way which the Public Works Department has determined are adequate to serve the proposed building. The applicant will coordinate with the Ashland Electric Department to develop a final electric service plan to transition the site's electrical service from current provider Pacific Power to Ashland's municipal electric utility. The applicant's site plan details placement of a stormwater detention pipe near the front and side of the building and identifies surface drainage detention areas within the parking lot similar to the drainage facilities provided on the adjacent Modern Fan site to the south. Final engineered calculations demonstrating that post development peak flows will not exceed pre-development levels and an identification of any necessary water quality mitigation measures will be provided prior to development of the site. There is a mapped wetland located to the north, off of the subject property. While this wetland ends before reaching the subject property, it is fed by stormwater from the drainage along the subject property's Washington Street frontage. The Division of State Lands (DSL) has reviewed the proposal and determined that it appears to avoid impacts to state regulated wetlands and waters, however they have indicated that storm water flows feeding the wetland must be maintained even if the existing roadside drainage is to be piped on the subject property's frontage. The City Council finds that Washington Street is a commercial collector street, and that the City of Ashland Street Standards Handbook ultimately calls for ten-foot travel lanes, six-foot bike lanes, seven-foot parkrows, six-inch curbs and eight-foot sidewalks on both sides of the street, requiring a total minimum right-of-way width of 63 feet. The Council further finds that based on the submitted survey, it appears that there is currently only approximately 54 feet of right-of-way from the existing guard rail on the opposite side of Washington Street to the subject parcel's front property line. Beyond the guard rail topography drops steeply toward Interstate 5 and will not accommodate further street improvements. The Council finds that in order to accommodate the. necessary "half-street" improvements to City street standards for a commercial collector street, approximately nine-feet of additional right-of-way needs to be dedicated. The Council finds that because the proposed building is set back approximately 40- feet from the front property line along Washington Street at its closest point, there is ample space available to accommodate the necessary right-of-way dedication without impacting the proposed site design. The City Council finds that to satisfY annexation requirements, the applicant must provide for necessary transportation facilities to and through the subject property; transportation facilities must address vehicular, bicycle, pedestrian and transit transportation with at least a "half-street" P A #2009-00784 February 2, 2010 Page 5 improvement consisting of a minimum of twenty feet of paving for motor vehicle travel lanes, with a six-foot bike lane, gutter, six-inch curb, seven-foot parkrow planting strip and eight foot sidewalk on the subject property's side of the street. Because the existing sidewalk installation to the south is installed at the curbside, sidewalk installation will also need to provide for a transition to allow the standard parkrow planting strip installation. The City Council further finds that based on the plan submittals provided with the application and the exhibits presented by staff during the hearing, that adequate transportation facilities can be provided to and through the subject property to meet City of Ashland street standards. However, the Council further finds that given the presence of an identified roadside emergent wetland on the adjacent property to the north and its connection to the drainage across the subject property's frontage, the proximity to the Oregon Department of Transportation's 1-5 freeway right-of-way, and a significant drop-off between the existing Washington Street improvements and the freeway below, it is more appropriate that the street improvements in this vicinity be deferred in order to allow that they be comprehensively planned. The applicant will provide an estimate of the cost of the required half- street improvements along the property frontage post a cash deposit or similar approved security instrument to guarantee the street improvements will be installed once a comprehensive planning process for the area street system has been completed. 2.4 The City Council finds that the proposed lot will be zoned E-l under the Comprehensive Plan, and that the applicant has obtained Site Review approval for an outright permitted use, or special permitted use concurrent with the annexation request. At its meeting of September 29, 2009, the Planning Commission granted of Site Review and Tree Removal permits for the construction of a 17,650 square foot warehouse/light manufacturing building and its associated parking area and landscaping. The new warehouse/light manufacturing facility will serve the adjacent Modern Fan business at 709 Washington Street. Site improvements are outlined in plans on file at the Department of Community Development. 2.5 The City Council finds that the proposed Annexation and Zoning Map Change implements a public need in providing sufficient lands for commercial and industrial uses to provide for the employment needs of the community, supported by Comprehensive Plan Policy VII-1 which states that, "The City shall zone and designate within the Plan Map sufficient quantity of lands for commercial and industrial uses to provide for the employment needs of its residents and a portion of rural residents consistent with the population projection for the urban area." SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, the City Council concludes that the proposal for an Annexation and Zoning Map change from Jackson County zoning RR-5 (Rural Residential) to City of Ashland zoning E-l (Employment) for an approximately 1.02-acre parcel located at 615 Washington Street is supported by evidence contained within the whole record. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action #2009-00784 with respect to the request for an Annexation and P A #2009-00784 February 2, 20 I 0 Page 6 Zoning Map change from Jackson County zoning RR-5 (Rural Residential) to City of Ashland zoning E- I (Employment) for an approximately 1.02-acre parcel located at 615 Washington Street. Further, ifany one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #2009-00784 is denied. The following are the conditions and they are attached to the approval: I) That all proposals of the applicant shall be conditions of approval unless otherwise modified here. 2) That the plans submitted for the building permit shall be in substantial conformance with those approved as part of this application. If the plans submitted for the building permit are not in substantial conformance with those approved as part of this application, an application to modifY this Site Review approval shall be submitted and approved prior to issuance of a building permit. 3) That a sign permit shall be obtained prior to installation of any new signage. Signage shall meet the requirements of Chapter 18.96. 4) That the future conversion of any portion of the proposed warehouse space to office use shall require that the building entrance be brought to within 20 feet of the right-of-way in order to comply with Basic Site Review Standards (II-C-la.2), or that an Administrative Variance to this standard be obtained. 5) That prior to the submittal of a building permit: a) That a stormwater drainage plan, including details of on-site detention for storm water and necessary water quality mitigation, shall be submitted for the review and approval of the Planning, Building, and Engineering Divisions. The drainage plan shall also demonstrate that stormwater flows into the existing roadside ditch to the north will be retained at their current levels to ensure the continuing recharge of the wetland on the property to the north. " b) A written estimate for the costs of installation of required commercial collector "half- street" improvements along the full Washington Street frontage of the subject property shall be provided for the review and approval of the City of Ashland's Planning and Engineering Departments prior to building permit submittal. Required improvements shall include a minimum of 20 feet of pavement to accommodate motor vehicle travel lanes, six-foot bicycle lane, six-inch curb, an irrigated seven-foot parkrow planting strip with street trees, eight foot sidewalks, and city standard streetlights on the west side of the right-of-way. However, final street improvement design and installation shall be deferred in order to comprehensively plan the street system taking into account the adjacent wetland and the proximity to the 1-5 right-of-way. The applicant shall post a cash deposit with the City of Ashland or provide a similar approved security instrument to secure installation of street improvements along the property frontage. Additional land to accommodate the full 63 feet necessary to improve the right-of-way to city street P A #2009-00784 February 2, 2010 Page 7 standards for a Commercial Collector Street shall be provided through a right-of-way dedication. c) A final utility plan for the project shall be submitted for the review and approval by the Planning, Engineering and Building Divisions prior to issuance of a building permit. The utility plan shall include the location of connections to all public facilities in and adjacent to the development, including the locations of water lines and meter sizes, sewer mains and services, manholes and clean-outs, storm drainage pipes and catch basins. Utility installations, including any necessary fire protection vault, shall be placed outside of the pedestrian corridor, and necessary public utility easements on the property shall be shown on the building permit submittals. d) The _ applicant shall submit an electric distribution plan including load calculations and locations of all primary and secondary services including transformers, cabinets and all other necessary equipment. With annexation, the property will no longer be served by Pacific Power and Light; service will be provided by the City's municipal electric utility and the necessary services to make this transition will need to be installed at the applicant's expense. This plan shall be reviewed and approved by the Planning, Engineering and Electric Departments prior to building permit submittal. Transformers and cabinets shall be located outside of the pedestrian corridor, in those areas least visible from the street while considering the access needs of the Electric Department. 6) That prior to the issuance of a building permit: a) The applicant shall provide a Tree Preservation and Protection Plan consistent with the requirements of AMC 18.61.200 and prepared by a certified arborist. This plan shall incorporate the recommendations of the Tree Commission's September 4th, 2009 meeting as conditions of approval where consistent with applicable standards and with final approval by the Staff Advisor, shall retain and incorporate the two Siberian Elms near the Washington Street right-of-way into the landscaping plan subject to the arborist's recommendation, and shall specifically address the condition of all existing trees including the Siberian Elm previously identified for removal, their ability to tolerate the proposed development, and any measures in addition to standard protection fencing which may be necessary to preserve and protect those trees which are to remain on the site. b) That a Verification Permit in accordance with 18.61.042.B shall be applied for and approved by the Ashland Planning Division prior to removal of the eight trees to be removed from the site, and prior to site work, storage of materials and/or issuance of a building permit. The Verification Permit is to inspect the identifications of trees to be removed and the installation of tree protection fencing to protect the trees to be retained. The tree protection fencing shall be installed according to the approved Tree Protection and Removal Plan, inspected and approved by the Staff Advisor prior to site work, storage of materials and/or issuance of a building permit. P A #2009-00784 February 2,2010 Page 8 c) The applicant shall provide evidence of permit approval, including copies of all approved plans, for all work to be done within Oregon Department of Transportation right-of-way. d) That the property owner shall sign in favor of a local improvement district for future improvements to the intersection of Washington Street and Highway 66 including a traffic signal prior to issuance of a building permit. e) The applicant shall provide a revised Landscape/Irrigation Plan which addressed the Water Conserving Landscaping Guidelines and Policies of the Site Design and Use Standards, including irrigation controller requirements to allow multiple/flexible calendar programming. The revised Landscape Plan shall include landscape detail for the ditch/swale area along the property's Washington Street frontage, shall include a walkway from the building entrance to the street, and shall identifY the relocated trash enclosure on the north side of the building, near the west end of the parking area. The revised landscape plan shall specifically identifY mitigation trees on a one-for-one basis to offset the ten trees to be removed, or alternatively may propose replanting off-site or payment in lieu of planting as provided in AMC 18.61.084. t) All exterior lighting shall be appropriately shrouded so as not to permit direct illumination of any adjacent land. Lighting details, including a scaled plan and specifications detailing shrouding, shall be submitted to the Staff Advisor for review and approval with the building permit submittals. g) At the time of building plan submittal, the bike rack details and shelter details shall be submitted for review and approval by the Staff Advisor. The building permit submittals shall verifY that the bicycle parking design, spacing, and coverage requirements are met in accordance with 18.92.040.1. h) Mechanical equipment shall be screened from view from Washington Street. The locations of mechanical equipment and any associated screening shall be shown on the site plan and elevations in the building permit submittals. i) That the buildings shall meet Solar Setback B in accordance with 18.70.040.8. The building permit submittals shall demonstrate compliance with Solar Setback 8. j) The requirements of the Building Division shall be satisfactorily addressed, including but not limited to requirements that engineering be provided to ensure that the proposed footings for the "Modern Fan 2" building will not undermine the existing retaining wall for "Modern Fan I", that necessary protection be provided for exterior wall openings, and that grade and turning radius requirements for forklift access between buildings be addressed. k) The requirements of the Ashland Fire Department shall be satisfied, including that all addressing shall be approved prior to being installed; that fire apparatus access be provided and necessary fire apparatus easements identified and recorded; that adequate P A #2009-00784 February 2,2010 Page 9 fire flow be provided and maintained; that fire sprinklers, hydrants, a Knox box, and/or an FDC be installed; and that an approved walkway to accommodate fire fighter access around and between both buildings be maintained, including an approved gate of at least three- feet in width if any fencing is installed between the two properties. I) A revised site plan detailing a phased parking installation shall be provided for the review and approval of the Staff Advisor. In the initial phase, parking to be installed for occupancy of the building would be limited to the six to eight spaces nearest Washington Street. The remaining 10-12 parking spaces in the northwestern portion of the site are to be reserved in landscaped area pending future installation in a second phase should the parking demand or the nature of the use change to necessitate their installation. 7) That prior to the issuance of a certificate of occupancy: a) That the screening for the trash and recycling enclosure shall be installed in accordance with the Site Design and Use Standards. b) All required parking areas shall be paved and striped. c) All landscaping and the irrigation systems shall be installed in accordance with the approved plan, inspected and approved by the Staff Advisor prior to the issuance of a certificate of occupancy. That at the time of planting and prior to the issuance of a final certificate of occupancy, not less than two inches of mulch shall be added in all non-turf landscaped areas in the developed area after the installation of living plant materials. d) That street trees, one per 30 feet of street frontage, shall be installed along the frontage of the development in accordance with the approved final landscaping plan and prior to issuance of the certificate of occupancy. All street trees shall be chosen from the adopted Street Tree List and shall be installed in accordance with the specifications noted in Section E of the Site Design arid Use Standards. The street trees shall be irrigated. e) That required bicycle parking spaces with a minimum of 50 percent sheltered from the weather shall be installed according to the approved plan, inspected, and approved by the Staff Advisor prior to issuance of a certificate of occupancy. John Stromberg, Mayor Date P A #2009-00784 February 2, 2010 Page 10 CITY OF ASHLAND Council Communication Reading of an ordinance Annexing property and Withdrawing an Annexed Area from Jackson County Fire District No.5 (Ron Rezek/Modern Fan, 615 Washington Street Annexation - P A #2009-00784) . February 2,2010 Primary Staff Contact: Derek Severson Community Develo ment E-Mail: seversod{al.ashland.or.us Legal Secondary Contact: Bill Molnar Martha Benne Estimated Time: 10 minutes Meeting Date: Department: Secondary Dept.: Approval: Question: Does Council approve first reading ofan ordinance annexing 1.6 acres at 615 Washington Street and withdrawing the property from Jackson County Fire District No.5? Staff Recommendation: Staff recommends that the Council approve the ordinance on first reading and move the ordinance to second reading Background: At the January 5,2010 meeting, the Council approved the application for an Annexation and Zoning Map Change from Jackson County RR-5 to City of Ashland E-l zoning for a 1.2-acre parcel located at 615 Washington Street. Council adoption ofthe findings for the decision, which completes the land use ordinance portion of the annexation process, is on tonight's agenda as well. The applicant has prepared and submitted the required boundary description of the property. The final step for the Council in the annexation process is to approve the ordinance annexing the property and withdrawing the area from the jurisdiction of Jackson County Fire District 5. Related City Policies: Comprehensive Plan Policy VII-l The City shall zone and designate within the Plan Map sufficient quantity of lands for commercial and industrial uses to provide for the employment needs of its residents and a portion of rural residents consistent with the population projection for the urban area. Council Options: Council can choose to move the ordinance to second reading, or choose not to annex and withdraw the property from the jurisdiction of Fire District 5. Potential Motions: Direct staff to conduct the first reading and move to approve first reading ofthe ordinance and set second reading for February 16, 20 I O. Attachments: · Ordinance Annexing the Property and Withdrawing from the Fire District · Legal Description of Annexation Area (Full-sized Map was distributed at January 5'10 hearing) . Irrevocable Consent to Annexation and Annexation Agreement Page 1 of I r~' ORDINANCE NO. AN ORDINANCE ANNEXING PROPERTY AND WITHDRAWING AN ANNEXED AREA FROM JACKSON COUNTY FIRE DISTRICT NO.5 (Modern Fan Annexation - # 2009-00784) Recitals: A. The owner of the property described in the attached Exhibit "A" has consented to the annexation of this property to the City of Ashland. There are no electors residing in the tract to be annexed. B. Pursuant to ORS 222.120 and ORS 222.524 a public hearing was held on January 5, 2010, on the question of annexation as well as the question of withdrawal of the property from Jackson County Fire District NO.5. The hearing was held in the Council Chambers, Civic Center, 1175 East Main Street, Ashland, Oregon, THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The land described in the attached Exhibit "A" is declared to be annexed to the City of Ashl~nd. SECTION 3. The land described in the attached Exhibit "A" is declared to be withdrawn from Jackson County Fire District No 5, pursuant to the provisions of ORS 222.111. 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 , 2010 and duly PASSED and ADOPTED this day of ,2010 Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of ,2010. John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Ordinance Annexing Modern Fan 2009-00784 Page 1 I I , I i i I i j I ,~ . ',' . LAND SURVEYING, LLC +. ,",l ....'~,.~.,;~~~.hi)-,i.....~.if'"....,!loo.'"-;:4':~. :,'f),j:,',~:i~..\~~~..;'...:...t\,.#.:j"";';"'?r~;"':4.~.~~M.i'.q'>,;.j~~"~y,,,.io;(.<j.w.;..~~~;~"loOil,"",:~>4iiMd"","~j,j.: " EXHIBIT "A" LEGAL DESCRIPTION RON REZEK ANNEXATION TRACT ASSESSOR'S MAP NO. 39 IE 14 AC, Tax Lot 200 That tract of land described within Instrument No. 2008-008136 of the Official Records of Jackson County, Oregon, lying situate within the Northeast Quarter of Section 14, Township 39 South, Range I East of the Willamette Meridian in Jackson County, Oregon, more particularly described and bounded as follows, to wit; Commencing at an aluminum capped iron pin at the northeast comer of Ihe Southwest Quarter of the Northeast Quarter of Section 14, Township 39 South, Range I East, of the WilIamette Meridian in Jackson County, Oregon, as denoted on Survey No. 9668, on file in the offi~'e of the Jackson County Surveyor; !hence South 89044 '33" West, along the northerly line of that tract of land described within Volume 309, Page 375 and Volume 335, Page 321 of !he Deed Records of said COUnly, a distance of 126.28 feel (Deed Record West) to a 5/8 inch iron pin along the southwesterly rigbt of way of Interstate Highway No.5, described within Volume 509, Page 383 of said Deed Records, the POINT OF BEGINNING; thence continuing Soulh 89044'33" West, along said northerly line, 311.74 feet to a 5/8 inch iron pin at the northwest comer thereof; tbence Suu!h 00002'07" West, along the weslline of said described Iract, a distance of 130.00 feet (Deed Record Soulh 00'11' West, 130.0 feet) to the southwest comer !hereof, from which a 5/8 inch iron pin bears South 89044'33" West, 0.58 feet; thence North 89044'33" East, along the suutherly line of said described tract, a distance of 349 .04 feet (Deed Record East) to a 5/8 inch iron pin along said southwesterly rigbt ;)fway of Interstate Highway No.5; Ihence North 26039'55" East, along said southeasterly line, a dislance of 145.14 feet, to the POINT OF BEGINNING. Containing 1.03 acres, more or less. Prepared by: Shawn Kampmann Professional Land Surveyor Polaris Land Surveying LLC P.O. Box 459 Ashland, Oregon 97520 (541) 482-5009 ( '~~~~,~Ji~':gT~f.2~~1{2~:-;";"'; I. .,........-'".'~.C. :,., \ . '.~ ~-::vl',:~.,,;I, "'J,.'-~;>'.. I' '~I.~t~~"1~~~;~~~~'::'); .\~..." . .. -c-H_:)~~};Fi~d ~ .' i."_.:,;:.'X;'l~j,};~~~::,,;:::.:,} Renewal Date: 6/3001 Date: November 10,2009 S:\surveys\S60-09\Rezek Annexation Legal.doc P. O. t30x 459. Ashl..nd. Or"rjc{l 97520 Phent:: (54/) 482-5009 FiJI(; (541) 488-0797 Mobil,,; (541) 601-3000 www.!.eJaris!JlIrv..y.com 7 CITY OF ASHLAND ENGINEERING DIVISION IRREVOCABLE CONSENT TO ANNEXATION The undersigned, referred to in this document as "Owner" whether singular or plural, owns or is the purchaser under a recorded land sale contract of real property in Jackson County, Oregon, described below and referred to in this document as "the property": See attached Exhibit "A" In consideration of the application for annexation and subsequent connections from the property to City of Ashland services, Owner declares and agrees that the property shall be held, sold, and conveyed subject to the following covenants, conditions, and restrictions which shall constitute covenants running with the land and shall be binding on all parties. their heirs, successors and assigns, having any right, title, or interest in the property or any part thereof: Whenever a proposal to annex the property Is initiated by the City of Ashland or otherwise, Owner shall consent and does consent to the annexation of the property to the City of Ashland. Owner agrees this consent to annexation is irrevocable. Dated this ~ day of J lJ u.~ ,200q. ~ Signature: , Owner State of Oregon ) ) County of Jackson ) Personally appeared the above named !10h l1e.z.e K instrument to be his voluntary act and deed. \ ss: and acknowledged the foregoing (l~~)W;ApJhr/PrzW Notary . bhc for Oregon My Commission expires: ..f' - :? 17 - /.3 (c:\en,inoer\.doc) . oFRClAl. SEAl. . . CAROlYII.MM_ ~EIIL NOrMY PIJIlUC.oImON " cOMMlS$K)tj NO. 436232 MY COMIoUSSION AR.. .:Z013 58 ANNEXATION AGRREEMENT TO DEPOSIT AN AMOUNT SUFFICIENT TO RETIRE ANY OUTSTANDING INDEBTEDNESS OF SPECIAL DISTRICTS Between 1~N 1ZEZ8c.. and CITY OF ASHLAND THIS AGREEMENT entered into by and between \2-0"-\ \2~L..8c:. , hereinafter referred to as "APPLICANT" and the CITY OF ASHLAND, hereinafter referred to as "CITY", WITNESSETH: WHEREAS, pursuant to ORS 222.520(2)(b), the CITY elects to pay the bonds of the special districts when such property subject to special district indebtedness is annexed by the CITY. WHEREAS, Ashland Municipal Code, Sections 4.14.020, 14.08.030(F) and 18.l06.020(B), require that an applicant for annexation must agree to deposit an amount sufficient to relire any outstanding indebtedness of special districts defined in ORS 222.510 as part of an annexation application. NOW, THEREFORE, as part of the annexation application for the property described in APPENDIX "A", APPLICANT agrees to deposit an amounl'sufficient to retire any outstanding indebtedness of special district defined in ORS 222.5 I O. In the event that no special district requests from the CITY an amount to be paid to retire indebtedness within one (1) year from the date of annexation, the full amount deposited to the CITY shall be returned to the APPLICANT. In the event that a special district requires an amount less than the amount deposited, the CITY shall return the remainder to the APPLICANT. APPLICANT FOR ANNEXATION: , ..'i Slgnea . ... Date ... C~ ' [1. 0 c-> ... CITY OF ASHLAND: Signed~r) . Yffur/00/1/JzPd Date It? - 17 - tJ? G:\comm-devlpJanninll\forms & HandoulslAnncJl31ionlAnnex Agreement. AMC 18.106,02~B}. Special Districts Indebtedness.doc 59