Loading...
HomeMy WebLinkAbout2008-0701 Council Mtg PACKET CITY OF ASHLAND AGENDA FOR. THE REGULAR MEETING ASHLAND CITY COUNCIL July 1, 2008 Council Chambers 1175 E. Main Street 6:00 p.m. Executive Session for performance evaluation of a public employee pursuant to ORS 192.660 (2)(i) 7:00 p.m. Regular Meeting I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAVOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? [5 minutes} 1 . Study Session of June 16, 2008 2. Executive Sessions of June 17, 2008 3. Regular Council of June 17, 2008 VI. S CIAL PRESENTATIONS & AWARDS v4/. Mayor's proclamation of July 14-18, 2008 as War on Hunger Week 0. Mayor's proclamation of July 4,2008 as MDA FiII-the-Boot Day VII. CONSENT AGENDA [5 minutes] 1. Does the Council accept the Minutes of Boards, Commissions, and Committees? 2. Does the Council have any questions about the bond issue authorized on April 15, 2008? 3. Shall the City make monthly payments to the Chamber of Commerce for FY2008-2009 services while the annual contract is being negotiated? 4. Does the Council approve the Mayor's appointment of a Downtown Task Force to propose a strategy that responds to merchant concerns regarding employee parking, temporary business signs and encroachments upon downtown sidewalks? VIII. PUBLIC HEARINGS (Testimony limited to 5 minutes per speaker, unless it is the subject of a Land Use Appeal. All hearings must conclude by 9:00 p.m., be continued to a subsequent meeting, or be extended to 9:30 p.m. by a two-thirds vote of council {AMC 92.04.050.E}) None. IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. . Speakers are limited to 5 minutes or less, depending on the number of individuals wishing to speak.) [15 minutes maximum] COUNCIL .l\1.EETINGS ARE BROADCAST LIVE ON CHAN.NEL 9 VISIT THE Crr'{ OF ASHLAND'S \VEB Sn'E AT \V\V\V.ASHLAND.OR.US X. UN ISHED BUSINESS . Should the City Council conduct and appr e Second Reading of an Ordinance title , "An ~r inance Amending Chapter 4.24.020 of the s an unJclpa 0 e ncr e. ransient Occupancy Tax" and move approval of the ordinance? [5 Minutes] . Will the Council approve draft ballot measure Ian ocal option levy for enhanced library services in Ashland? Will Council ado e resolution to s bmit the ballot measure to ..../the voters? [10 Minutes] v. Should the City Council conduct and approve ond Reading 0 Ordinance titled, " An Ordinance amending the Ashland Municipal .cocte, Land Use Ordinance concerning special [arterial] setbacks and associated street standards adopted in Ordinance 2836" and move approval of the ordinance? [5 Minutes] XI. NEW AND MISCELLANEOUS BUSINESS 1. Should Council waive the penalties and/or related interest on the deliquent Food and Beverage (Meals Tax) Tax return submitted two days late by Senor Sams? [15 Minutes] XII. OR NANCES RESOLUTIONS AND CONTRACTS . Should Council make changes in the duties . ilities of the Municipal Audit Committee and approve a resolution titl , "A Resolution clar ing the duties and ~e ponsibilities of the Municipal Audit Committee and Making the City Recorder an EX-OffiC. io ember and Repealing Resolution No. 2003- " . . Should the City Council conduct and ap' ove Second Reading of Ordinance titled, "An Ordinance relating to delegation of duti s to the .. or for acceptance of interest in real property and the renewal of intergovernmental agreements and amending AMC Chapter 2.28" and move approval of the ordinance? [5 Minutes] 3. Should the City Council conduct and approve First Reading of an Ordinance titled, "An Ordinance amending Chapter 2/25, Street Tree Commission, amending name, membership, quorum, powers and duties, and other requirements" and move the ordinance to Second Reading? [30 Minutes] XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Should the City Council direct staff to amend the camping prohibition in Chapter 10 of the Ashland Municipal Code or otherwise address camping in the City? [30 Minutes] XIV. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (ITY phone number .1-800-735- 2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35. 102-35. 104 ADA Title I). C01JNClL tvlEETlNGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE Crr'{ OF ASHLAND'S \NEB SITE AT \V\V.\V.ASHLAND.OR.US CITY COUNCIL STUDY SESSION JUNE 16, 2008 PAGE 1 of2 MINUTES OF CITY COUNCIL STUDY SESSION Monday, June 16, 2008 at 6:00 p.m. Council Chamber, 1175 East Main Street Mayor Morrison called the meeting to order at 6:04 p.m. Councilors Hardesty, Navickas, Jackson, Silbiger and Chapman were present. Councilor Hartzell arrived at 6:07 p.m. 1. Discussion on Ashland Gun Club Lease Parks & Recreation Director Don Robertson presented the staffreport on the extension of the lease to the Ashland Gun Club and if extended what the conditions would be, how long the extension should be and how the property would be used. The report included background information on the property, prior grant restrictions, and prior discussion by the Parks Commissioners, City Council and the public. He explained that the neighbors had not had the opportunity to express their concerns in the past and that staff had been directed to identify .issues with the property and to develop a draft lease for council to review. He explained that both staff and community members had worked on the proposed lease. The questions are: . Should the property be used as a shooting/range gun club? . What issues need to be addressed if the Ashland Gun Club lease is renewed? . What issues need to be addressed if the Ashland Gun Club lease is allowed to expire? Mr. Robertson noted the 2008 Facility Master Plan committee that was looking at all city lands and that if council should have questions that staffwas available to answer any questions on this and on any land use issues that may affect the property. He indicated that the draft lease had been circulated amongst some of the neighbors and that opinions noted should not be considered the majority view of the neighbors or the community. He noted some of the concerns in the staff report. Some discussion on who should administer this facility was held and Mr. Robertson suggested that the Parks & Recreation Department might not be the correct department to administer this facility. He stated that the City Public Works and Police Department visit the site area more frequently and that it is the City Council who approves the lease arrangement. Mr. Robertson clarified the property location and the area that may be contaminated. He does believe that there is only a modest fee for family membership to the Gun Club. He explained that the Gun Club has been willing to work with Environmental Protection Agency (EP A) to determine what areas are actually contaminated. He noted the property that used by the City and how the Greenway relates to this property. Mr. Robertson suggested that, if the lease is approved, that the city considers easements or deed restriction requirements. Potential of a land swap was addressed and staff used an illustration as an example if council should want to proceed in this direction. CITY COUNCIL STUDY SESSION JUNE 16,2008 PAGE 2 of2 Further clarification on EP A requirements in regards to runoff was made. Mr. Robertson stated that the existing lease did not require the Gun Club to meet EP A requirements but that the proposed lease does require this. He does believe that the Gun Club has shown good faith in cooperation with neighbors. Suggestion was made that a land swap with Oregon Department of Transportation (ODOT) be considered but zoning issues and land use permits would need to be checked out. City Attorney Richard Appicello clarified legal compliance with Department of Environmental and Quality has it pertains to noise regulations for shooting ranges. Ashland Police Lieutenant Rich Walsh clarified that there are three formal shoots a year and an average of 10-12 times a year that the gun club is used. This does not include the time that officers use the gun club informally. There was continued discussion on the usage of the gun club. Chuck Parlier/President of Gun Club/Stated that safety is their number one goal and noted the many different groups that use the range, for both pleasure and instruction. He explained that the Gun Club is a safe place to discharge guns. In addition, he stated that it is the intent of the Gun Club to comply with EP A. Clarification on membership use, fees charged and how well the club maintains the property was made. Michael LaNier/member of Gun Club/Explained they do pay property taxes and utility fees on this property. He stated that they operate under EPA's "Best Management Practices" which include reclaimed lead and maintaining the property. Mr. Lanier explained that the draft lease has been worked on both by staff and by members of their club, noted their appreciation of staff, and is happy with the proposed lease. It was clarified that there are two other Gun Clubs in the Rogue Valley and that one of them is an indoor facility. The different types of leads discharged were explained and was noted that the lead used is not as toxic as is believed. The layout of the shooting range was explained along with further clarification on how the club would work with the EP A in regards to clean-up of the property and any preventive methods for the future. It was clarified that the property had never been dry-mined. The different types of guns used at the range were explained and what the different noises that these types of guns make were noted. Bill LongiottilSpoke in regards to the number of pe~ple that use the shooting range and that there are approximately 450 family memberships. He explained that the club does have a newsletter and concerns are addressed and taken seriously. Steve Sacks/1061 Tolman Creek Rd/Noted that he is a neighbor of the Gun Club and thought that now is an opportunity to review the lease. He voiced his concern with the current hours and how disruptive they are. He requested that the council consider limiting the weekend use to one day. He also voiced his concern with the types of guns being used at the shooting range that are not the typical pistols and shotguns. CITY COUNCIL STUDY SESSION JUNE 16, 2008 PAGE 3012 Leon Pyle/460 Sunshine Circle/Noted that he is a property owner next to the Gun Club. He voiced his concern with the city property used for storage and that this property has been used a dumping site. He felt that the area has changed and that there should be discussion on whether this is appropriate use of this area as a storage area. Noted that he had sent letters previously to Mr. Robertson and City Administrator Martha Bennett where he noted his concerns with the Gun Club. He stated that lead in soil does require extensive removal. He also noted that he supported the city looking into alternative sites for city storage facilities. Doug Irvine/2113 Emigrant Creek RdlVoiced his concern with the hours of the Gun Club and commented that it is not a pleasant visual site. Dave Gullet/Noted that he is a member of the Gun Club, a Parks & Recreational professional and noted his family's use and enjoyment of the shooting range. He stated that this is a tremendous asset. to the city and is a training facility that offers quality recreation. Urged the council to keep this as a unique source of recreation for the community and believes that this has an economic value to the community. Cathy DeforestJ460 Sunshine CirclelDoes not believe that there has been any testing on this site and that the Gun Club and the City should do this. She noted that the area is surrounded by organic farms and would be harmed. She also stated that this is an unofficial bird sanctuary. Ms. GriffinN oiced her support of renewing the lease, as she was more concerned with what could go on this property if the Gun Club was not there. Aaron Benjamin/Stated that he is a property owner next to the Gun Club and that the club has been a good neighborhood. He did voice his concern with lead contamination and wanted assurance that testing would happen to determine contamination. He also voiced concern with the hours of the club. He requested that the council be considerate of the neighbors. Mr. Appicello stated that the council should consider adding a deadline on when the mining would occur and clarification on what the hours of the club should be. Staff suggested that the hours of the club should coincide with sunset time, or whatever is earlier, along with exceptions on holidays. Suggestions and requests by council included the following: . Extending lease . Historic value . Clean-up of property . Hours of club . Potential for land swap . Request for clean-up report . Permits . Clarification on how the city uses the property . Appraisal on property . Access to property CITY COUNCIL STUDY SESSION JUNE 16, 2008 PAGE 4 of2 . Explore other use for the city of this land . Discuss with ODOT the use of this property . Continued use of this property by the City Public Works Department . Language or clause in the lease that the property could revert back to the city in case it is needed in the future . Request that the Gun Club charges entities that use the range that currently are using it for free . Continued use for instructional reasons . Stricter deadline on clean-up dates for the property . Concern on giving up potential property currently being used by city for specific purposes . Concern voiced on land swap . Maintenance of road . Value of having this type of recreational use . Definition of "sunset" . Construction of buildings by club . Use of entities and types of guns used . Additional wells installed . No water pollution Staff clarified council direction, which was to include language in the lease in regards to hours, having limited discussion with ODOT and further review on the use of this property by the city. 2. Look Ahead Review City Administrator Martha Bennett reviewed the items on the Council Look Ahead. Noted that items #5 and #6 on the June 17, 2008 council agenda under Consent Agenda were pulled. 3. Review of regular meeting agenda for June 17, 2008 Administrative Services Director Lee Tuneberg clarified that, in regards to the proposed water utility rate increase, a summer surcharge rate had not been considered due to "start-up and adjustment period" which is staff intensive. Councilor Hardesty noted that we should be more aware of water use and infrastructure. Mr. Tuneberg stated that staff had been trying to work on identifying impact and to conduct a rate study that would encompass concerns raised. He clarified what the percentage was for the general fund as it relates to the Water Fund. Mr. Tuneberg clarified that the proposed language in the Audit Committee resolution should refer to (4) four voting members rather than (5) five. He further explained why the Parks & Recreation Department was included in the proposed resolution, which was due to their participation level with the Audit Committee and the overall audit of the City. Councilor Jackson asked if the council intended to open this item up for further discussion by the public and it was determined that more time was not likely. Community Development Director Bill Molnar clarified that the range of duties in regards to the proposed change to the Tree Commission had to do with the difficulty on getting a quorum at their meetings. He explained that making recommendations could result in a procedural problem ifthey CITY COUNCIL STUDY SESSION JUNE 16, 2008 PAGE 5 of2 were not able to meet the quorum requirements. He clarified that the content is not changing the nature of Powers and Duties other than making recommendations on planning actions. It was suggested that the criteria be looked at when considering changes in the City Commissions in regards to the number of members. City Attorney Richard Appicello explained that a non-health hazard is a definition from the Oregon Administrative Rules and does not reflect from the current ordinance. He clarified that this codifies the ordinance and places it in the Ashland Municipal Code. By doing this, it will be more readily searched and accessed by staff and the public. Staff will bring back better clarification on what this ordinance actually means at the regular meeting. He added that this also added penalties that were not previously part of this ordinance. Meeting was adjourned at 8:51 p.m. Respectfully submitted, Barbara Christensen City Recorder CITY COUNCIL MEETING JUNE J 7, 2008 Page J of9 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL June 17, 2008 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Morrison called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Hardesty, Navickas, Hartzell, Jackson, Silbiger and Chapman were present. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES Mayor Morrison announced that they are currently accepting applications for a vacancy on the Forest Lands Commission, the Public Arts Commissions and for three positions on the Tree Commission. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? The minutes of the Study Session of June 2,2008, Executive Session of June 3, 2008 and Regular Council of June 3, 2008 were approved as presented. SPECIAL PRESENTATIONS & AWARDS (None) CONSENT AGENDA 1. Does the Council accept the Minutes of Boards, Commissions, and Committees? 2. Should the Council approve the Intergovernmental Agreement with Jackson County to pay $5300.00 to use the County sobering unit? 3. Does the Council wish to confirm the Mayor's appointment of Treg Scott for a term to expire April 30,2011 to the Airport Commission? 4. Shall the City Administrator be designated as the primary person responsible to insure an annual audit is performed per ORS 297? 5. "Should Council approve a resolution adopting a supplemental budget for FY 2007-2008 Budget a third time to create appropriations and authorize expenditure of grants received to purchase firefighter protective clothing and help pay for annual health insurance renewal?" 6. Should Council approve a resolution to adjust budget appropriations for changes in operational expenses to remain in compliance with Oregon Budget Law? Mayor Morrison noted that items #5 and #6 were pulled from the agenda and will be heard at the June 30, 2008 council meeting. Councilor Hartzell/Jackson mls to approve Consent Agenda items #1 thru #4. Voice Vote: All AYES. Motion passed. It was announced that items #7 and #8 under Ordinances, Resolutions and Contracts would be continued until the July 1,2008 Council meeting. PUBLIC HEARINGS 1. Should the Coundl grant a request for Outline Plan approval of a six-lot, five unit Performance Standards subdivision which includes a Physical and Environmental Constraints Review Permit for Development of Hillside Lands, a Tree Removal Permit to remove 13 trees six-inches in diameter at breast height (d.b.h.) or larger, and an Exception to Street Standards to allow the applicants to end street improvements at the driveway of Lot 5 rather than extending them to the southern boundary CITY COUNCIL MEETING JUNE 17, 2008 Page 2 of9 of the project? Mayor Morrison called the Public Hearing to order at 7:10 p.m. and the procedure for the Land Use Hearing was read aloud. Abstentions~ Conflicts~ Ex Parte Contacts - None reported. Challen2es - None Staff Report Community Development Director Bill Molnar, stated that in April 2008 the Planning Commission unanimously approved the project with nine conditions of approval. An appeal was filed by neighboring property owner, Catherine Dimino (summarized in the Council Communication). The application is a time sensitive decision and the 120 time limit will run out on July 1,2008. Derek Severson, Associate Planner, reviewed the various aspects of the proposal as outlined in the Council Communication and corresponding materials provided to the Council in the packet. Staff s Response to Grounds for Appeal 1) The appellant believes the application does not meet lot coverage requirements and that the Performance Standards Options (PSO) does not grant or provide for exceptions. Mr. Severson showed how lot coverage has been applied in the past. In Mountain Creek Estates (Mountain and Hersey) there is fairly dense development allowed under the PSO and higher lot coverage than typically would be allowed, with that flexibility applied throughout the whole subdivision in order accommodate the open space it benefits the residents as well as the community. Similarly, the ordinance was applied at Chautuaqua Trace and provided common open space as an amenity. The ordinance defines coverage in terms of lot or site and states continuous lots can be under the same ownership as one. The Planning Commission has historically found that the flexibility through the ordinance can be applied in order to look at lot coverage for an entire development. Mr. Molnar explained the lot coverage in the Rural Residential zone is 20 percent. The applicant and the Planning Commission made a finding that the applicants met the requirement. They made sure the project as a whole did not cover more than 20 percent of the five acre site. Page 2 of the Council Communication explains how the applicant distributed the lot coverage on individual lots. 2) Mr. Severson said with regard to the Exception to Street Standards, the unique or unusual circumstances are a combination of the site and use. The site is near the Urban Growth Boundary for the City. Vehicular traffic is minimal because of the gate restricting it. There is a pedestrian connection between Birdsong and Hitt Roads. The portion of the site beyond Lot 5 is not to be developed and is proposed to be preserved because it is over 35 percent slope. Mr. Molnar added one of the key requirements for meeting the burden of proof for an Exception is that there is demonstrable difficulty in extending the street improvement into the slope that would require extensive cuts and fill. 3) Mr. Severson explained with regard to the building envelope for Lot 1, the applicants are trying to preserve a significant row of trees on the the site. They notched the building envelope to accommodate the existing trees as required by the ordinance to protect the natural features. Secondly, a neighbor, Mrs. Darling, met with the applicants prior to their submittal and requested that her view of the town be preserved. The applicants proposed to create the building envelope to protect that viewline. It accommodates placing the driveway in the least sloped portion of the site. If the driveway came off Hitt, the site would have to be traversed at 35 percent slope. The Planning Commmission found it was a valid envelope in keeping with CITY COUNCIL MEETING JUNE 17,2008 Page 3 of9 the purpose and intent of the ordinance to protect the natural features. Staff is recommending approval of the application and support the nine conditions proposed by the Planning Commission. The Planning Commission's vote was unanimous. Mr. Molnar clarified that staff had ongoing conversations with the Fire Department and in reviewing their conditions and report, it appears the conditions have been met. He reminded the Council that the subdivision process is a two-step process. Once Outline Plan approval has been granted, there is the Final Plan approval process. Some of the fine-tuning of the access and engineering is done at Final Plan, giving another opportunity for more detailed information, ifrequired, by the Fire Department. Mr. Severson added stated that Chief Hickman wanted to make it clear that the driveways would probably be providing fire access to the lots so she would want to make sure that parking wouldn't be happening in the driveways. The additional parking spaces required on the site and street would work. There will be three spaces provided on each of the private lots and between two driveways a bay will be provided for two spaces each. The gate will be moved beyond the driveway to provide turnaround. The minimum requirement to the access point for the last lot is 20 feet with curb and gutter on one side. There is a requirement to construct a turnaround that meets the standard. Mr. Molnar clarified that the size of the subdivision does not require the applicants to dedicate open space to achieve their density. That this would be passive open space - open space with walking trails. The homeowners' association requires them to maintain a fire prevention and control plan for long-term fuel reduction the area. Lot 6 is owned in common by all five owners. Mr. Molnar stated that if joint owners of Lot 6 were allowed to build trails or add a picnic table it could trigger another land use approval. He also added that the only long-term on-street parking adjacent to the street would be those that are constructed in bays outside the 20 feet street width. Applicant's Presentation Mark KnoxlUrban Development Services/700 Mistletoe Road, representing the applicants Robert/Laura McLennan as the property owners/Stated that their intent has been to create a unique subdivision that will meet the intention of the Hillside Ordinance. They are pleased with the 7-0 approval by the Planning Commission. The applicants could have presented a six-lot subdivision proposal rather than five- lots. The applicants willingly self-imposed height limitations on the homes to reduce the impact and protect the views of the surrounding property owners. The applicants have proposed to increase the setbacks from 25 to 30 feet and had met earlier in the process with long-time resident, Mrs. Darling. Because of the large lots in the subdivision, the applicants have tried to retain Mrs. Darling's view. The houses shown on their plan are conceptual, however, the envelopes are fixed. The applicants are not proposing to remove any trees and have submitted a fuels reduction plan approved by the Fire Department. Mr. Knox discussed lot coverage and explained that lot coverage is a planning tool in the Performance Standards zone to allow clustering of development. It allows creeks to have greater setbacks and the creation of common areas rather than disturbance or development. Mr. Knox clarified the on-street parking and that the applicant is not required in the RR zone to have any on- street parking. It is clear in the Hillside Standards that a 20-foot fire clearance is required. The ordinance also discusses the consequences of widening a road (cuts and fills). They are asking to do what is permitted in the ordinance in order to preserve the natural features and minimize disturbance to the hillside. The applicants proposed to add a third parking space to each lot. They found there were places where they could accommodate two eight foot parking bays without increasing the impact to the site. He believes the parking CITY COUNCIL MEETING JUNE J 7, 2008 Page 4 of9 bays may be more of a convenience for hikers in the area. Mr. Knox clarified that street improvements would be extended and widened and that there is an area for fire truck turnaround. As houses are built, "No Parking" signs will be installed along the road. Opponents and Their Representatives Catherine Dimino/423 Strawberry Lane/Refer to submitted Exhibit #0 1-2008/Spoke regarding lot coverage. Chapter 18.88 which she felt provides for more flexibility but is clear that lot coverage in a subdivision is not allowed by this chapter. She stated the language of 18.88.100 states that the "Developments exercising the Performance Standards Options shall be required to meet all other applicable sectionsof the Land Use Development ordinance except for minimum lot size, lot width, lot depth and setback requirements, and except as otherwise provided in the Chapter." The stated exceptions do not include lot coverage nor is lot coverage mentioned anywhere else in this chapter. "Flexibility" in this chapter does not mean you can allow unstated exceptions. Ms. Dimino continued her arguments by stating that the code does not state that lot coverage is expressed in terms of the subdivision site as a whole. The definition of coverage does not state that lot or site coverage is a percentage of the area of the lot or site. It says coverage is a percentage of the area of the lot or site. She concluded that if more than 20 percent lot coverage is granted, the only reasonable option would be to grant 20 percent impervious surface and the remaining percentage designated for pervious surfaces, thus lessening the impact to the neighborhood and preserving the natural environment. Ms. Dimino believes that the issues she has raised regarding a common driveway or an alley between Strawberry Lane and the upper portion ofHitt Road were never addressed. It is her opinion that an alley is a much better option for the neighborhood because it would be an alternate access to homes on Hitt Road. An alley would provide for more interesting designs with garages not visible to the street, alleys would reduce traffic on a substandard street, make the subdivision more neighborly, and provide a superior transportation facility and connectivity. Ms. Dimino requested that the record be left open. Those Wishin2 to Provide Testimonv Debra Kutcher/400 Strawberry/Spoke opposing any additional parking spaces because people will drive to the end of the road finding all spaces occupied and requiring them to turn around and drive down the road causing additional traffic on the road. She would prefer minimal traffic on Hitt Road as well as minimal asphalt in the area. Karen Darling/490 Strawberry Lane/Noted that she had lived in the area since 1973 and has experienced most of the changes in the neighborhood. Working with her neighbors in a spirit of compromise and cooperation has been the best approach for her. She is the person most affected by this development because of the location of her home. In the early planning stages of development the applicants had asked for Ms. Darling's input and she had expressed a fear of losing her view. The footprint of the future house is placed in such a way that will preserve part of her view. She asked the Council to retain the footprint or the envelope of the house that will someday be built. If the future builder has free reign to build anywhere on the lot, it's very possible she will lose all of her view and house valuation too. Rebuttal bv the Applicant Mr. Knox clarified that there are three driveways proposed in this application. Of the existing five driveways, three come off one driveway. The applicants would also be happier if they were not required to install the upper parking lot. He said with regard to providing an alley, it is best not to add roads, but to utilize the resources that are there. They did try to work out several scenarios. Mr. Knox contended that the definition of lot coverage allows for the lot or site to be considered as a whole. CITY COUNCIL MEETING JUNE 17,2008 Page 5 of9 About two weeks ago, Mr. Knox, submitted a 30 day extension to the 120 day rule. The applicant stated that they wish to submit final written argument. Councilor Navickas/Hartzell mls to leave record open for seven days until June 25th at 5 p.m. and allow the applicant to submit final written argument by July 2nd at 5 p.m. The Council will continue their deliberations to July 15,2008 at 7 p.m. Roll Call Vote: Hardesty, Navickas, Hartzell, Jackson, Silbiger and Chapman, YES. Motion passed. 2. Will Council approve increases to the Water, Wastewater, Transportation and Storm Water utility rates effective August 1, 2008? Administrative Services Director Lee Tuneberg presented the staff report. He explained that the need for this increase had been identified during the budget process and in the provided Council Communication. Rising costs in all areas and in some cases a reduction in sales impact bottom line, ending fund balances and the ability to cover overhead. This is particularly true in the water fund where there is infrastructure, debt service and overhead. The staff report indicated both revenues and expenses for the different utilities. In the budget process, three to five percent rate increases for these utilities had been identified. Staff recommended a three percent increase in the transportation fee, the wastewater fee; an increase from five percent to ten percent for the stormwater fee, and to use a range of adjustments in the water fee in order to provide for a conservation incentive. Estimated impact on a monthly basis from these rates is estimated at $.23 more for a single family dwelling for the transportation street fee, $.37 more for stormwater, $.57 more for wastewater, and water in the $2.00 to $2.50 ranger per month. The adjustments are primarily for operational costs and do not necessarily deal with capital improvements but may help the debt service that is related to capital improvements. Mr.Tuneberg explained that staffhad tried to balance the need for increases while minimizing the impact on the customer/citizen. In order to do the right adjustment for each of these enterprises each year, the operational side also needed to be taken into consideration. The four proposed adjustments average 5.7 percent and the average utility bill for a family of four with a single-family dwelling is estimated at $3.60 per month. Staff provided proposed Resolutions with the updated language to begin as of August 1,2008. Public Hearing Opened: 8:58 p.m. Public Hearing Closed: 8:58 p.m. Councilor Jackson/Hartzell mls to approve Resolution #2008-19 relating to Transportation Utility Rate Schedule. DISCUSSION: Councilor Navickas voiced his concern with the amount of stress put on utility rates. He felt that by keeping property taxes low, it forces the council to place franchise fees on public utilities and that it takes money from public utilities and places it into the general fund-to-fund basic public safety services. He believes we need to grapple with the regressive nature of the entire tax structure as a city. He stated that he would vote "no" on all of these rate increases as a statement of protest to the Budget Committee. Councilor Silbiger noted that the School Levy and a large percentage of the property offset the property tax decrease and property users in the city are not subject to property tax, but they do pay utilities. He agreed that the franchise fee decision was not in the best interest of the city. Mayor Morrison responded that the Budget Committee had spent several months going through a difficult CITY COUNCIL MEETING JUNE 17,2008 Page 60f9 process and did not support he council opening up this argument. Councilor Hardesty voiced her concern with the increase but felt that the strategy used for the increase in the water fee is sensible. Roll Call Vote: Hartzell, Jackson, Chapman, Silbiger, and Hardesty, YES; Navickas, NO. Motion passed 5-1. Councilor JacksonlSilbiger mls to approve Resolution #2008-17 relating to Water Service. DISCUSSION: Mr. Tuneberg for council that to cut the Capital Improvement budget could have an impact because it could affect how the debt service is paid. He stated that the increase is primarily for current Capital Improvement Projects or increased operational costs. Roll Call Vote: Silbiger, Hartzell, Chapman, Hardesty and Jackson, YES: Navickas, NO. Motion passed 5-1. Councilor Silbiger/Jackson mls to approve Resolution #2008-16 relating to Wastewater Service. Roll Call Vote: Jackson, Chapman, Silbiger, Hardesty, and Hartzell, YES; Navickas, NO. Motion passed 5-1. Councilor Hartzell/Jackson mlsto approve Resolution #2008-18 relating to Storm Drainage Utility Rate. Roll Call Vote: Silbiger, Jackson, Hartzell, Hardesty and Chapman, YES; Navickas, NO. Motion passed 5-1. PUBLIC FORUM Doyle Hirsch/805 Clay Street/Spoke regarding the noxious weed removal ordinance and noted many properties owned by the city that are infested with blackberries. He explained that he had a small hedge of blackberries in front of his house that he has maintained for 20 years. He has been receiving e-mails from the City that he is in violation of the weed abatement ordinance and is facing a possible fine. City Administrator Martha Bennett stated that staff would review his case and respond by letter to him. John Stromberg/252 Ridge Road/Spoke as the Chair of the Planning Commission and notified the council that the Planning Commission was planning to discuss the enforcement of the sign ordinance. A meeting is being considering in order to gather public input from all interested citizens and they will notify the council if an ordinance amendment is necessary. City Attorney Richard Appicello stated that the legal department is working with staff on clarification of the ordinance. He explained that the Council is not involved in enforcement but in policy and it is not just the sign ordinance that is causing discontent among business owners, but also blockage of sidewalks, etc. that involves other sections of the ordinance. Ambuja Rosen/Expressed her concern that Councilor Silbiger has not responded to her e-mails to him concerning adoption of an anti-tethering ordinance. She believes he needs to represent the majority of his constituency. NEW AND MISCELLANEOUS BUSINESS 1. Does the Council wish to approve an agreement to partially settle MAA v. City of Ashland? Please Note: Materials will be provided on June 17,2008. City Administrator Martha Bennett briefly explained the partial settlement agreement as outlined in the Council Communication and the attached amended complaint. Staff recommends the partial settlement agreement for Council approval. Councilor Chapman/Hartzell mls to approve agreement to partially settle MAA v. City of Ashland. Roll Call Vote: Hardesty, Navickas, Hartzell, Jackson, Silbiger and Chapman, YES. Motion passed. CITY COUNCIL MEETING JUNE 17, 2008 Page 70f9 ORDINANCES~ RESOLUTIONS AND CONTRACTS 1. Should the City Council conduct and approve Second Reading of an Ordinance titled, "An Ordinance Levying Taxes for the Period of July 1,2008 to and including June 30, 2009, Such taxes in the sum of $8,616,000 upon all the real and personal property subject to assessment and levy within the corporate limits of the City of Ashland, Jackson County, Oregon" and move approval of the ordinance? Councilor Jackson/Silbiger mls to approve Ordinance #2958. Roll Call Vote: Silbiger, Chapman, Hardesty, Hartzell and Jackson, YES; Navickas, NO. Motion passed 5-1. UNFINISHED BUSINESS 1. How does Council wish to distribute Transient Occupancy Tax (TOT) revenue generated by the existing 70/0 and the additional 20/0 tax to be implemented effective October 1, 2008? Administrative Services Director Lee Tuneberg presented the staff report. Under "Staff Recommendation," he references Item A, but the recommendation from the staff is Item B (reference page 2, B. and the table). Mr. Tuneberg reiterated the points for discussion as outlined on page 1 of the Council Communication. The proposed resolution is included in the packet. A key item the resolution addresses is the removal from the resolution that references the Public Arts Commission needing to apply, and identified that there would be money from this revenue stream that would go to this group automatically. Mr. Tuneberg explained that the City has already made a downward adjustment in revenue, without the increase in the tax, due to the current economic situation. By starting the new tax later, staff estimated an overall reduction of about one-third. City Administrator Martha Bennett attempted to clarify the pro-rating system used for Public Arts. Staff used $9,000 because it had already been awarded through the budget process. She stated that if the Council wanted to allocate the $29,000 to the small grants they would need directed to allocate it or they would have to go through another granting process. The following were suggested as choices for the allocation: . Bank the money (Staff felt would be most prudent) . Direct allocate. (Council provided with options and recommendation by staff that it be clear that it is a one year direct allocation) . Allow for an additional Grant round. (Staff explained that this is very labor intensive to go through this for a small amount of money) . Use the monies for qualified city projects that are not yet developed, and . Direct grant monies to medium size groups. Ms. Bennett clarified the tourism restrictions associated. Tom Olbrich/356 Alta Street/Executive Director of Ashland Independent Film Festival and past Board Member of the Visitors Convention Bureau (VCB). He stated that their organization would benefit greatly from the marketing aspects of a healthy VCB and from the small grants committee named the "Cultural and Economic Development Subcommittee" of the Budget Committee. He believes "tourism" should be included in the name. He felt that the direction of the Council seemed to be to shift some of the increase to the small grants committee, which was not the staff s recommendation. He questioned how organizations would be able to "prove" they had met the state requirements. He also questioned how, by shifting to percentages, it would reflect the Council's recommendation made on April 15 - 45 percent to VCB, 25 percent to OSF, and 12 percent to tourism. CITY COUNCIL MEETING JUNE 17, 2008 Page 8 of9 Sharon Javna/219 Almond/President of the Board Science WorkslNoted a letter previously sent to the Council. She explained that they are the largest small organization and that the amounts received from the City over the years have been two percent of their budget. She shared how their tracking system works and three projects that have to do with attracting tourists. Councilor Hartzell stated that based on the current economy she favored giving $10,000 each to Science Works and to the Film Festival and to bank the $9,000. Her second choice would be to do a study on the current going on in the downtown area. Councilor Navickas approved the idea of giving some of the money to some of the small grantees but not necessarily to Science Works and the Film Festival as they would not take a significant hit due to the crisis in the economy like some other organizations would. He suggested $20,000 go to the Plaza upgrade and to bank the remaining $9,000. Councilor Jackson favored banking the money and to review it over the coming year. She is not ready to allocate it to any particular organization and state that an evaluation process was already in place. She stated that VCB Grants had not been pro-rated as all others had been. She supported the requirement to produce data that would help to document marketing efforts. Councilor Silbiger voiced his support on banking some or all of the money. He felt that if a Qualified City Project were to be approved that no consultant fees be involved. Councilor Chapman reviewed the direction of the Council from the April 15 meeting and commented on the State defined tourism and that Regional tourism is almost as important to the City as State defined tourism. He felt that the problem with the small tourism grants could have been resolved by increasing the money in the economic development part of the grant. He supported the initial allocation of $9,000 and to consider taking some of the money from the Economic Development side for Small Grants. He suggested splitting the $100,000 from the tourism side between the VCB and Qualified City Projects. He felt that the City should begin to build a fund for tourist related facilities (Qualified City Projects) by banking the $29,000. Mayor Morrison stated that the decision is how to manage the $29,000 and how best to put it to work. He reminded all of the current economic crisis and voiced his support on investing the $29,000 in the community. He commented on how ready the VCB is and the projects they currently have in place. That the VCB is a known producer that promises the best return on the City's investment. Councilor Hardesty stated that if the money is banked it should go toward Qualified City Projects identified by the Council. She agreed that the VCB had not been pro-rated and on the importance of the VCB to work with organizations like Science Works and the Film Festival for marketing and tracking purposes. Councilor Hardesty/Silbiger accept staff's recommendations and to bank $29,000 to go toward Qualified City Projects that Council will decide later on. Roll Call Vote: Hardesty, Navickas, Jackson, Silbiger and Chapman, YES; Hartzell, NO. Motion passed 5-1. Councilor J ackson/Hartzell mls to approve Resolution relating to distribution of TOT. Silbiger/Hartzell amended the motion to insert the word "and tourism" to the title of the Resolution. Roll Call Vote: Chapman, Silbiger, Jackson, Hartzell, Navickas, Hardesty, YES. Motion passed. Councilor Chapman/Jackson mls to amend the motion to approve the resolution to change "Economic and Cultural Grants" from 12 percent to 2 percent, and change "Remaining to tourism projects CITY COUNCIL MEETING JUNE J 7, 2008 Page 90f9 determined in a budget process" to 25 percent. DISCUSSION: Hartzell objected to the amendment as she felt the Council was not talking numbers and it had not been discussed enough. Councilor Hartzell/Navickas mls to table the motion. Roll Call Vote: Hartzell, Jackson, Navickas, Chapman and Hardesty, YES; Silbiger, NO. Motion passed 5-L ADJOURNMENT Meeting was adjourned at 10:30 p.m. Barbara Christensen, City Recorder John W. Morrison, Mayor PROCLAMA TION . ACCESS Food Share Pantry Network was established in 1982 to obtain and efficiently distribute nutritious foods and other products to member agencies while developing programs and partnerships to help eliminate hunger. Since its establishment, ACCESS, has distributed over 25 million pounds of food throughout Jackson County. . ACCESS Food Share provides food for over 3,100 families each month. . ACCESS Food Share will distribute over 2 million pounds of food in 2007-08, equivalent to over 2 million meals, to citizens of Jackson County . . 38 percent of the members of households served by ACCESS Food Share are children under the age of 18, 19 percent are senior citizens, and 47percent of households served have someone working. . For every dollar donated, ACCESS Food Share is able to distribute 5 pounds of food, or $1 will provide a meal for a family of five. . Often people who find themselves in the position of need are forced to make choices between shelter, utilities, health care/medicine, transportation, and food; too frequently adequate nutritious food is the casualty of these choices. NOW, THEREFORE, I, John W. Morrison, Mayor of Ashland, do hereby proclaim July 14 - 18, 2008 as War on Hunger Week and urge all citizens of Ashland to commit to increasing awareness and understanding of the faces of hunger, and commit to assist in eliminating it from our community. Dated this 1st day of July, 2008. John W. Morrison, Mayor Barbara Christensen, City Recorder City of Ashland, Oregon - Agendas And Minutes Page 1 of3 City of Ashland, Oregon / Commissions & Committees / Planning Commission Planning Commission - Minutes Tuesday, May 13, 2008 ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES May 13, 2008 CALL TO ORDER - The meeting was called to order at 1 :35 p.m. by Chair John Stromberg at the Ashland Civic Center, 1175 E. Main Street, Ashland, OR. Commissioners Present:-Council Liaison: John Stromberg Cate Hartzell, absent Mick Church Absent Members: Tom Dimitre Staff Present: Derek Severson, Associate Planner Adam Hanks, Permit Center Manager Angela Barry, Assistant Planner Carolyn Schwendener, Account Clerk APPROVAL OF MINUTES Hearings Board Minutes of April 8, 2008 to be approved at the Planning Commission meeting this evening. TYPE I PLANNING ACTIONS PLANNING ACTION: PA2008-00599 SUBJECT PROPERTY: .Jefferson Ave APPUCANT: Brammo Motorsports, LLC DESCRIPTION: Request for a Minor Land Partition for a property located on .Jefferson Ave. COMPREHENSIVE PLAN DESIGNATION: Industrial & Employment; ZONING: 14-1 & E-1; ASSESSOR'S MAP #: 39 1E 14A; TAX LOT: 1104. This action stands approved. PLANNING ACTION: 2008-00597 SUBJECT PROPERTY: 1338 Seena Lane APPUCANT: Melanie Mindlin DESCRIPTION: Request for a Lot Line Adjustment and a Conditional Use Permit to allow the structural alteration and intensification of use of an existing non-conforming structure for the properties located at 1338 Seena Lane. An existing shed is located approximately three feet from the east property line of Tax Lot 400. With the proposed Lot Line Adjustment the shed and an attached studio are to be converted to the primary residence on Tax Lot 408, and as part of a primary residence the shed's existing three foot setback becomes non-conforming. The required side yard setback for a primary residence is six feet. The shed portion of the building is to remain as unheated space, and is not proposed to be remodeled. An 80-square foot bathroofTI and kitchen addition will be made to the existing 528-square foot studio; the existing studio and the proposed addition comply with required setbacks. This action stands approved. PLANNING ACTION: 2008-00598 SUBJECT PROPERTY: 489 Russell Street OWNER/ APPLICANT: Donna L. Andrews DESCRIPTION: Request for Site Review approval for a two-story, mixed use building located at 489 Russell St., comprised of office space on the ground floor and two residential units on the second floor. The proposed building is approximately 5,579 square feet in size. The property is located in the Detail Site Review Zone. City of Ashland, Oregon - Agendas And Minutes Page 2 of3 This action stands approved. TYPE II PUBLIC HEARINGS PLANNING ACTION: PA200B...00353 SUBJECT PROPERTY: 215 Fourth Street APPLICANT: Ashley Jensen DESCRIPTION: Request for a Conditional Use Permit to operate a private dance school and for a Variance to the required number of parking spaces and a Variance to the required proximity for offsite parking for a property located at 215 Fourth Street. Ex Parte Contact/Bias/Conflict of Interest/Site Visit - No one took part in any exparte contacts. Both Stromberg and Church have driven by the property though neither did a specific site visit. STAFF REPORT Barry stated that the Board needs to establish if the requested variance is a unique or unusual circumstance as well as establish that the negative impacts would not be more then the positive. Key question is: Are the benefits of the Dance Studio in proportion to the impact of having the variance for the parking be farther then 200 feet away? Barry acknowledged that staff believes it is a reasonable walking distance to assume that people would actually use the parking lot. Church asked with the conversion from Residential Use to Commercial Use "What's the applicant's reason to replace the units," he assumed that the residential is less profitable. Church inquired from Barry if they had done other variances in this area for distance. Barry confirmed there had been a number of parking variances in the area and because it's in the Historic District up to a fifty percent variance on the required parking could be processed administratively. Stromberg confirmed that the applicants are ten short of the required thirteen parking spaces. Barry explained that they are legal nonconforming because they already had a Commercial Use on that site prior to the City's Land Use requirements. Barry said because they are intensifying the use of the building it triggered a variance. The daytime use is not changing and for the parking in the evening they are providing a separate parking lot. (Dance Studio) Because the parking contract is revocable Stromberg asked what would happen if they are in case of revocation? Barry stated that their Conditional Use Permit would no longer be valid and the contract states that they have to notify the City. This is a legal agreement which will be recorded with the property deed. Stromberg questioned whether customers would be content walking from the parking lot in rainy or inclement weather. Barry commented that it is the applicant's burden of proof to show that it's a reasonable distance away. The Historic Commission had a suggestion. Barry said they would like it if the use would be able to revert back to apartments at a later date without going back through a Planning Action. Barry believes that procedurally this might not be realistic. APPLICANT'S TESTIMONY Kerry KenCairn, 147 Central, explained that currently in the building with the six apartments upstairs and Commercial Uses downstairs 16 spaces would technically be required. The proposal for daytime use will actually reduce the number of parking spaces used during the day because the intensification is strictly for the night time use. This building has been operating at actually intensified daytime use for years and they will not have an impact on that in any negative way said Ms. Ken Cairn. They do not feel there is a lack of parking on Fourth Str.eet during the day. Ashley Jensen, 153 Fork Street, stated that currently she is holding classes at the Community Center across from Lithia Park. At the time they use the Center it is high volume at the park and they are not having a problem with people attending even though there appears to be very little parking. Ms. Jensen said many of her customers walk to the class. PUBLIC HEARING City of Ashland, Oregon - Agendas And Minutes Page 3 of3 SUSAN SPRINGER, 19 Gresham St, shared her support for the building and feels like it is a vast improvement to the building in the area. Ms. Springer does not see a parking issue and believes this is a great addition to the neighborhood. SHANKARA GLASSFORD, 537 C Street had lived in the building for a long time and is glad to see it getting repaired. Mr. Glassford acknowledged when he lived there he didn't have a hard time parking. Mr. Glassford stated he did not have a difficult time finding a new rental and pays only twenty-five dollars more a month in rent at his current residence. Severson had a request from Bill Molnar, City Community Development Director, asking for a planning condition that standard tree grates be added. Rebuttal Ms. Jensen and Ms. KenCairn agree that the existing tree grates are not safe and they are ok with replacing them. COMMISSIONERS' DISCUSSION AND MOTION, Stromberg said his main concern is that the whole area needs to have the parking concept rethought in the Historic District. The Historic Districts parking does not fit our parking requirements though it seems to function very well and could possibly function even better commented Stromberg. Stromberg said perhaps next month when the Planning Commission is figuring out what to work on next year this might be something to address. Church/Stromberg m/s to approve the two Variances and the CUP with the additional condition, number nine: Prior to Certificate of Occupancy standard tree grates meeting engineering specifications be installed, inspected and approved by the Staff Advisor. Roll Call: The motion carried with Church and Stromberg voting yes. Findings for 214 Fourth Street will be ready to sign at next months meeting. ADJOURNMENT - The meeting was adjourned at 2:35 p.m. Respectfully submitted by, Carolyn Schwendener, Account Clerk CITY OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES May 13, 2008 CALL TO ORDER Chair John Stromberg called the meeting to order at 7:04 p.m. at the Ashland Civic Center, 1175 E. Main Street, Ashland, OR. Commissioners Present: John Stromberg, Chair Michael Dawkins Mike Morris Debbie Miller Michael Church Pam Marsh Melanie Mindlin Tom Dimitre Council Liaison: Cate Hartzell, Council Liaison Absent Members: Dave Dotterrer, excused Staff Present: Bill Molnar, Community Development Director Maria Harris, Planning Manager Carolyn Schwendener, Account Clerk ANNOUNCEMENTS Molnar announced there will be a May 27, 2008 Study Session. The topic of discussion will be Land Use Incentives and Regulatory Barriers to Affordable Housing. Stromberg introduced new members Debbie Miller and Mick Church. APPROVAL OF MINUTES April 8, 2008 Hearings Board Minutes: Mindlin/Stromberg m/s to approve. Voice Vote: The minutes were approved. April 8, 2008 Planning Commission Minutes: Dimitre/Marsh m/s to approve. Voice Vote: The minutes were approved. April 22, 2008 Water Resources Study Session/WorkshopMinutes: DimitreIMarsh m/s to approve. Voice Vote: The minutes were approved. PUBLIC FORUM Noone came forth to speak SPECIAL PRESENTATION Southern Oregon University Intern Project - Special report on photo inventory of riparian areas. Pat Acklin is an Associate Professor of Geography at SOU and teaches in the Environmental Studies and Social Science Policy and Culture Departments. Ms. Acklin introduced her students that are in a course called Planning Issues. The students are from Geology, Geography, and a number of Environmental Studies Options including a Social Policy Option. Many of the students have a minor in Land Use Planning. The students then gave their presentation. JARAH JOHNSON gave a brief explanation of their methodology. She reported that the class was divided up into four different groups each with three or four members. Each team was assigned individual creeks to survey. They then took all of the data back to the Geography Computer Lab at SOU and compiled the data into GIS format. Ms. Johnson said for the inventory of the streams the teams used GIS units. They also used field maps that were produced for them. They surveyed a number of categories while in the field; upstream and downstream photographs, general landscape description, described the canopy cover, discussed the types of riparian vegetation, assessed the stream and bank conditions and assessed the channel widths and riparian widths. TROY THOMAS gave his report and video presentation on the Meadowbrook Park open space on lower Clay Creek. Mr. Thomas said the area was heavily landscaping with a very low canopy cover. There has been significant erosion which has caused an entrenchment of the channel in the area. Mr. Thomas said that areas with better erosion patterns that are more native landscaped is noted on an excel spread sheet. Church inquired how much of Clay Creek they sampled. Mr. Thomas confirmed they sampled everything south of Siskiyou, Upper Clay Creek and parts of middle Clay Creek though they are not finished yet. The plan is to eventually sample all of Clay Creek at hundred foot intervals. Molnar gave the background about this development. He stated it was annexed into the City in 1988 and the prior property owner had done quite a bit of altering the natural environment. As part of the plan for this development they had to redefine the channel. MARY LYNN HONLOSER reported on Beach Creek from the watershed area above Siskiyou Blvd down to North Mountain Park. Ms. Honloser showed how the area was heavily covered with blackberries and estimated the channel width to be about four feet. It's in a wide V shape valley with no canopy cover. Downstream is only about one foot wide, some grasses both native and nonnative along with Hemlock, Willow and Alder trees. SHAWN STAFFORD reported on Cemetery Creek which runs adjacent to Clay Street Park under Ashland Street into the cemetery. It has erosion in the upper section near the Park. The City recently planted Nine Bark, Red Twig and Hawthorne along the stream banks. Mr. Stafford said the canopy cover is very minimal with a little more down by the railroad tracks by the private property. TRACY DOLASAR-JENSEN'S group inventoried Roca Creek from Roca Street behind SOU down to Millpond Road. Ms. Dolasar-Jensen said it was a V shaped canyon with steep banks and the area was heavily eroded. An erosion control measure had been used that was doing little to nothing to minimize the erosion in that area. The stream itself was fifteen inches to two feet wide however the riparian area from top of bank to top of bank was between fifteen and twenty feet wide. There was light to medium canopy cover and the vegetation consisted of crab grasses, snowberry, English ivy and blackberry bushes. Some areas had blackberries so heavy you couldn't even see the creek, stated Ms. Dolasar-Jensen. Ms. Acklin reported that by the time they finish this project they will have added Ashland Creek and Bear Creek, where it is in the City limits. This year's class only took on lands that were publicly owned or open space that came with a development. Ms. Acklin said that perhaps a student intern might finish this up but the private lands will be done by next year's class. Marsh inquired how to get access to the various hues that the students described in terms of their findings. Ms. Acklin said that at the close of the quarter a student is taking all the data and putting it into a map of riparian areas. Ultimately the date will be given to the City. The Commissioners acknowledged what a terrific presentation this was. TYPE III PUBLIC HEARINGS PLANNING ACTION: 2007-01313 APPLICANT: City of Ashland DESCRIPTION~ A proposed Chapter 18.63, Water Resource Protection Zones added to the Ashland Land Use Ordinance addressing wetland and riparian area protection, and revisions to Chapter 18.62 Physical and Environmental Constraints regarding Riparian Preservation Lands. Stromberg announced this is a continuation of the Public Hearing from the April 22, 2008 meeting. Stromberg asked Harris to review the key issues one at a time then the Commission will ask questions followed by audience comments. After Harris' presentation if there are further audience comments Stromberg said they will be given an opportunity at that time. ST AFF REPORT Harris gave a recap of the April 22, 2008 Public Workshop. Harris reported eighteen hundred written notices were mailed to property owners with water resources on their property or within fifty feet of their property. State law requires noticing the public when a proposed Land Use regulation may affect the use of the property. Harris said there were about forty people at the workshop with about thirteen testifying. Staff also received a number of written comments. Harris took the summary of the comments from the workshop as well as all the written comments and identified key issues and common themes. Harris noted that all of the comments received so far pertain to streams. The main concern is about how the proposed Stream Bank Protective Zones will affect their properties. Five Key Issues: 1) Local Native Plant Species Requirement - Harris said the way the draft ordinance is written now it requires native plants to be planted in newly disturbed or newly planted areas in Stream Bank Protection zones. Harris said the concerns raised at the meetings were that people should have the right on their private property to use that protection zone and landscape it the way they see fit. Staff suggested as an option to look at allowing a percentage of non-native vegetation. Commissioners Discussion and Questions Dawkins questioned when he saw the slide of Cemetery Creek and that the City actually planted non-native plants, how does that fit in? Harris confirmed that all properties are treated the same whether they are private property or City owned. If non-native plants are in place when the Ordinance goes into effect they can remain. Mindlin asked staff to take a moment and explain why it's important to have native plants. Molnar explained that first and foremost as you get closer to the creek native plantings evolve into creek environments so they have an ability through their root structure to withstand ASHLAND PLANNING COMMISSION 2 REGULAR MEETING MINUTES May 13, 2008 flooding events and they are able to essentially deal with how a creek evolves over time. Molnar said there is a contribution of natives to habitat type of leaf fall and how it provides a certain nutrient to the aquatic life ,erosion control, water quality and habitat. Dawkins suggested it might be a good idea to make up a list of native plants similar to the Street Tree list. Stromberg asked how you would determine the percentage that can be used for non-native plants. Harris said their idea was to take the total square footage of the protection zone on their property and then assign a percentage that could be in non-native landscape. Church inquired how would you enforce and police this. Molnar answered that as with other ordinances they often look through voluntary compliance and public education. Often enforcements come because of a complaint. Public Testimony RICK LANDT, 468 Helman, shared his concerns about Ashland Creek. Mr. Landt said most of what he h;3S done is consistent with the proposed ordinance. He is concerned if we only keep the trees that are six inch in diameter breast height, in a riparian area you will never have sustain ability and if you didn't allow the saplings to grow you would eventually end up with nothing. Mr. Landt gave an example of a non-native Black Walnut tree down by Ashland pond that made it through the 1974 and1997 floods that's currently holding the bank but the way the ordinance is written it could come down. ROYCE DUNCAN, 1065 Paradise Lane, said native plants are very useful but non-native plants can be also. Mr. Duncan believes that as long as you have a vegetative cover on the channel you are doing the right thing whether they are native or non native plants. RICK LANDT said there are three layers in the riparian zone; tree canopy, woody material and perennials. Mr. Landt believes the perennial material is a problem that needs to be looked at. He has tried to grow riparian plants and has not been able to establish them. Mr. Landt has now taken some non-native plants that are tougher and he is at least getting vegetation to grow. He said next to the creek it would be acceptable to have native plants though he is not in favor of lawn because it is problematic. Molnar explained that it's not so much about trying to protect native plants but the primary purpose is to protect the functions that those plants provide. If there are non-natives that provide similar functions as natives that is something that might be appropriate. Mindlin said that because of the climate change what is growing here currently successfully might not continue to grow here successfully and they may want to take that into consideration when talking about what the approved plants should be. 2) Landscape Maintenance in Water Resource Protection Zones - Harris reported that there was concern about the definitions used in the Ordinance regarding non-power assisted equipment and power assisted equipment. Basically the way the ordinance is written now you can go into a Stream Bank Protection Zone with non-power assisted equipment to remove invasive or noxious vegetation. Harris said you do need a permit if you use power assisted equipment. The intent behind that is to control activity with machinery that could damage the protection zone. Harris said staff agrees this definition could use some fine tuning. They are suggesting instead of the non-power, power assisted, they are thinking the use of hand held equipment as an exempt activity. Another concern expressed was that if you do allow hand held equipment that would include weed eaters which can get into the riparian areas and cut everything off. One way to address that is to prohibit the use of weed eaters from the area from the stream to the top of bank. Public Testimony RICK LUCAS said using a weed eater is almost like having gun rights. Mr. Lucas said it's a huge assumption being made that someone might just mow down everything and put the stream at risk. He uses a weed eater as a selective tool in order to encourage some of the other woody shrubs that have either been planted naturally or ones they have introduced to give them a chance to get a head start against the invasive grasses. Mr. Lucas believes it would be a good thing to educate everybody about these riparian areas because some people don't know what's good and what's bad. He suggested that guidelines might be better then an ordinance. One idea would be to send out flyers listing the things we can do to help the streams to be healthy, stated Mr. Lucas. ROYCE DUNCAN stated that he has an area with a canopy that he mulches and keeps the blackberry plants down by using a weed eater and a self propelled wheeled mower. It's very successful. ZACH BROMBACHER, 1370 Tolman Creek Road, shared that he is basically against this ordinance change for many reasons. He has thirteen acres on Tolman Creek Road that he has owned since 1967 near Hamilton Creek. Through the years he has developed a few things but still has about six acres that is undeveloped. Mr. Brombacher said he has people on a weekly basis maintain the property by picking up garbage from Bi-Mart, weed eating around things to keep it clean and they use a mower. He also has seven and a half acres on upper Tolman. Though the years Mr. Brombacher has gotten rid of lots of blackberries and recently by hand redid all the rock in the creek way on his property. Mr.Brombacher acknowledged he is starting to get resentful because they are talking about something that is changing what he has had for a long time as well as possibly devaluating his property. Where TID is located on both of his properties Mr. Brombacher ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES May 13, 2008 3 said he goes in and weed eats, uses an excavator, and just generally cleans things up in order to provide access. He anticipates being in trouble all the time. Molnar said with larger pieces of property they could allow the use of weed eaters or lawn mowers. Another option is to provide education materials in those instances and try to get the people to recognize plants and work around them. Molnar questions the success of that option. Stromberg explained that what they are raising here is the possibility of different things being appropriate in different circumstances. Molnar replied that he has seen a few communities address larger areas coming in on the front end with a larger area management plan where you work with the property owner identifying where you're going to introduce native plantings. That remains on file and is understood there is a maintenance plan for going in and using equipment and managing it as long as you stay away from certain areas. DUNCAN ROYCE believes it will take a lot of management and maintenance to keep the evasive species from taking over. Mr. Royce asked if we should coordinate with the fire department regarding their policies to cut down grasses for fire safety. Harris said there is a provision in the Draft Ordinance that fire prevention control in accordance with an approved fire management plan is exempt. Mindlin was concerned if they limit access to work with tools what extent might that encourage herbicides? 3) Nonconforming structures and activities . Harris explained these are structures and activities that are placed in the Stream Bank Protection Zone that are existing before the ordinance goes into effect. Currently the way the draft is written it would require a Planning Approval for the replacement of an existing structure in a Water Resource Protection Zone. Harris said outside of the downtown the most common intrusion is not usually residences or commercial buildings but small outbuildings, decks, retaining walls, patios, etc. Sometimes those are not legally established from the beginning. The buildings downtown on the Plaza are clearly in the Flood Plain and probably need to be exempt. Harris suggested one option the Commissioners might look at in place of a Planning Action would be to exempt legally established nonconforming structures. The property owner would have to show it was legally established, which can sometimes be difficult to show. Another approach would be to exempt main primary buildings on a property but still leave the Planning Approval in for accessory buildings, outbuildings, decks, retaining walls, etc. Staff showed photos of nonconforming structures. Mindlin asked if someone had to go through a planning action what would the criteria be for that planning action? Molnar responded saying one question you would ask is there areas on the property outside the protection zone where the use or structure could be suitably located. Church commented one of the primary benefits is actually to make the situation better over time with the ability to remove these nonconforming uses. ROYCE DUNCAN acknowledged the biggest issue he has with the ordinance is the buffer zones. As we impose larger buffer zones on existing fabric all we're going to do is trigger hundreds of properties that fall into the existing nonconforming use. For a citizen to put together an application costs thousands of dollars and he believes this is throwing a tremendous burden on the home owner. GRAHAM SHELDON, 70 Water St., owns a piece of property entirely in this protection zone. Mr. Sheldon is encouraged by the inclusion in the draft ordinance for some protection for nonconforming uses because his property, the Ashland Creek Inn, is a classic definition of a nonconforming use. Mr. Sheldon would like the Commissioners to draw a distinction between a legally permitted deck verses something that had not been put though that process. Mr. Sheldon said for those who have gone through the appropriate process and done it right it seems almost a penalty to make them go through the process again. He is lobbying for the option that if it's a legally done and permitted structure and you can demonstrate that, then you don't have to go through the whole process again. Molnar acknowledged Mr. Sheldon had legitimate concerns. Molnar said they have gone through a similar format under the Flood Plain Ordinance and have treated commercial properties with a little bit more flexibility because of other public benefits recognized. Hartzell said with this process where is the room for adaptation? If it was engineered to a hundred year flood we've learned something if a flood comes through and took it out making the argument it could be made to go ahead and put it through with a modified process. Molnar gave the example that Lloyd Hanes built the Shasta Building downtown. The creek side had a deck that went right down to the water and he wanted to build to that original footprint. Molnar said the feeling was they should try and bring back some of the setback to 10 or 12 feet. ZACH BROMBACHER said in the forty years he has been developing the property across from Bi-Mart things have changed immensely. He has done everything according to the rules at the time. When this ordinance is decided upon he would like written assurance that the City will not change anything else on him in the future. Over the years he has had to adjust because of the different regulations that came into place. ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES May 13, 2008 4 DONNA ANDREWS just today received approval to construct a building in the Falcon Heights Subdivision. Not knowing when this ordinance will go into effect she wanted to know what her security is as far as the approval in moving forward. Molnar explained that her approval is valid for one year and is subject to the requirements on the books when she applied. RICHARD APPICELLO, City Attorney, explained that nonconformities are just a way for existing situations to continue and not take things away. The importance of nonconformities has to do with the primary use of the property. It's really about saving the primary use of the property from the effect of the new regulation. We don't necessary want nonconformities because it preserves something under the old rules. Mr. Appicello said "Don't take away from the legislative bodies' ability to enact new regulations." If you adopt a regulation you want it to be effective. The Commission took a five minute recess. 4) Nonconforming Driveways and Building Enve/opes- Harris reported there are lots that have been created throughout town that are next to one of these streams that has identified a building envelope that meets the current regulations for flood plain or riparian setbacks. Under the existing ordinance there are no provisions to exempt those. In terms of options staff suggested they could put exemptions in for those vacant lots so they would be exempt of construction of new driveways if the location specifically was approved prior to the adoption of the ordinance. Another option is to exempt construction of new structures on vacant lots in previously approved building envelopes. 5) Top of Bank Definition- The current ordinance defines the top of bank as the elevation at which the water overflows the natural banks and inundates the upland areas. If it's not clear where the top of bank is there are two options you can look at; the two year interval flood elevation or the line of aquatic vegetation whichever is greater. Harris said the concerns raised was the top of bank definition is too subjective. It was suggested that they just use the flood plain rather then a new area to regulate and perhaps use the center line because it's a lot easier to find and measure. Harris showed the different points you can pick in which to measure a protection zone. The staff explained how they find the centerline of the creeks. Harris said it's currently written in the ordinance that an application involving a single family residence on existing lots would have an option to use on site verification by planning staff. Harris acknowledged one of the reasons they are reviewing this ordinance is to meet the Oregon State Planning Goal number five in terms of protection of Riparian Areas. As part of that administrative rule there is something called a Safe Harbor Approach. Harris said the Safe Harbor is a prescribed path in terms of protecting the significant resources which in our case are the Riparian Corridor fifty foot setback class. Dawkins/Dimitre m/s to extend the meeting until 1 0:00 pm. Voice Vote: Approved Someone had suggested "Why not Use the Flood Plain for the Stream Bank Protection Zone." Harris showed a slide of Creeks to show it has a lot narrower area then the flood plain. If you extended those regulations into the flood plain you would be looking at regulating a lot bigger area. The map also showed that it's not making a lot more properties nonconforming and affecting the divisibility of lots. Public testimony CYNDI DION, 897 Hillview Drive, spoke representing the Ashland Watershed Partnership. As a group that has long supported the City of Ashland in creating a carefully thought out Riparian Ordinance Ms. Dion said they would like to make recommendations. Those recommendations were given to the Planning Commissioners in written form and Ms. Dion read them. JOHN WARD, 1525 Baldy Creek Road, with the Bear Creek Watershed Council congratulated the Commission for their patience and dedication to grapple with things that are not necessarily easy. The Watershed Council believes that the kind of work you are tying to do by establishing these wetland and Stream Corridor protections is probably the most important thing you can do, stated Mr. Ward. He commented that the situation in Ashland is unusual because you are living at the base of a mile of drainage area. The Watershed Council would like the opportunity to work .with both the City and TID to benefit the streams and continue to meet irrigation requirements. Their web address is: www.bearcreek-watershed.org. Dawkins/Mindlin m/s to extend the meeting until 10:30 p.m. Voice Vote: Approved. Mindlin said a number of people made comments in the written information they received about concerns with pesticides, herbicides and chemical fertilizers. Mindlin said chemical problems can be a threat to the things they are trying to protect and suggested that they be included in this ordinance. Morris asked if this is a protection ordinance instead of a bring it back to natural state Ordinance. Having a lot of creeks that are TID creeks with pumps, little drainages, ditches going across, gate valves, etc. what is being address about what you can do to a creek that you are ASHLAND PLANNING COMMISSION 5 REGULAR MEETING MINUTES May 13, 2008 actually pulling irrigation out of inquired Morris. Molnar said maintenance of existing irrigation lines and pumps is exempt. Molnar confirmed this is a protection ordinance and said it is the responsibility of all property owners regardless if they're going to do land development or divisions to maintain the resource to a certain level. RICK LANDT commended the Commission for their work on the ordinance but believes for many reasons why it's not time for the Planning Commission to make a decision. Mr. Landt sees inconsistencies and believes changes need to occur. He would like to see this go back to a smaller group for recommendations. Church read the letter dated May 11, 2008 from Dave Dotterrer who was absent due to work. COMMISSIONERS' DELIBERATIONS AND DECISION Marsh/Morris m/s to continue the meeting to the June 10, 2008 meeting. Roll Call: The motion carried unanimously. UNFINISHSED BUSINESS A. Planning Commission Rules The Commissioners discussed the Planning Commission Rules. MindlinlDimitre m/s to approve the rules as presented with the exception that rather then notifying the Planning Commission Chair in an absence they would notify the Planning Director. The 5:00 p.m. deadline for notification will also be removed. Roll Call: The motion carried with Dimitre, Marsh, Mindlin, Miller, Dawkins, Church and Stromberg voting "yes" and Morris voting "no." B. Appointment of third member of Hearings Board for June through August The Commissioners will work this out through email. OTHER A. Planning Commission Powers and Duties (AMC 2.12) Did not have time to address B. Planning Commission Annual Retreat-look at new powers and duties. The meeting will be held on Saturday May 31, 2008 at the Community Development and Engineering Building at 51 Winburn Way. ADJOURNMENT - The meeting was adjourned at 10:30 P.M. Respectfully submitted by, Carolyn Schwendener, Account Clerk ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES May 13. 2008 6 CITY OF ASHLAND Council Communication Report on Clean Renewable Energy Bond Sale Dated June 20, 2008 Meeting Date: July 1, 2008 Primary Staff Contact: Lee Tuneberg Department: Administrative Services E-Mail: tuneberl@ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Martha Benn Estimated Time: Consent Question: Does Council have any questions about the bond issue authorized on April 15, 2008? Staff Recommendation: This is an informational report requiring no action by Council. Background: Staff issued Clean Renewable Energy Bonds for $303,999.92 on June 20, 2008, in accordance with authorization from United States Treasury and as approved by Council through Resolution 2008-10. The Treasury had authorized up to $500,000 for qualified projects and Council approved $304,000 for the photovoltaic project known as Solar Pioneer II. Adjustments in the total amount and annual debt service were driven by interest rates and fees in the negotiated sale with Banc of America Leasing and Capital, LLC, who bought the bonds for the federal tax credit benefit derived from this issue. These are revenue bonds extending 14 years and debt service is paid for by Electric Fund revenues. The annual debt service (principal and interest) ranges from $21,850 to $25,326 which is approximately $10,000 less per year than if they were general obligations of the City. The stated interest rate to the City is 1.25%. After issuance costs the City will net approximately $288,000 to reimburse part of the cost for the $442,000 project. The remaining project amount will be reimbursed by a Business Energy Tax Credit pass-through from Bank of Cascades. Related City Policies: None Council Options: Not applicable. Potential Motions: None Attachments: None Page 1 of 1 070108 CREB Issue Report.CC.doc ~4.' CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Authorization to make Monthly Payments to Chamber of Commerce while FY 2008-2009 Contract is being Negotiated July 1, 2008 Primary Staff Contact: Lee Tuneberg Administrative Services E-Mail: tuneber1@ashland.or.us Secondary Contact: Estimated Time: Consent Question: Shall the City make monthly payments to the Chamber of Commerce for FY 2008-2009 services while the annual contract is being negotiated? Staff Recommendation: Staff recommends Council authorize 1/1th payments ($25,417 of the $305,000 identified ~n June 17, 2008) to be made each month similar to as what has been done in the past. Chamber is required to immediately provide a current certificate of insurance and, in doing so, agrees to indemnify the City per Section 8 of the FY 2007-2008 contract. Negotiated changes in services, amounts to be paid, timing of payments and/or other requirements will be reflected in the new contract and subsequent payments when ratified by Council. Background: The services to be provided and the amount to be paid to the Chamber of Commerce during FY 2008- 2009 has changed because of new goals and an increase in the Transient Occupancy Tax from 7% to 9% as of October 1,2008. On June 17 Council approved a distribution to the Chamber of $80,000 for Economic Development and $225,000 for the Visitor and Convention Bureau during FY 2008-2009. Certain elements of the contract for this year remain to be discussed and agreed upon. Since services and related costs continue in July for the Chamber, staff is asking to provide monthly payments as has been done in the past when contract negotiations extended into the budget year. Withholding payments may be a hardship for the Chamber during the height of the tourist season. Related City Policies: None, however this has been a common practice between the Chamber and City. Council Options: Council can authorize the monthly payments or withhold payments until the contract is settled. Potential Motions: I make a motion to authorize monthly payments as recommended by staff. Attachments: None Page 1 of 1 070107 Chamber Temp Contract.CC.doc r~' ---_.~,..-.......--~.__.-.._,~--------,-_.--,,-,._._.._--,_._._.--,._---'-~_.,-_.__....._-_._-_._~--_._" ._-.-, .....- CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Formation of Downtown Task Force July 1,2008 Primary Staff Contact: Community Development E-Mail: Administration Secondary Contact: Martha J. Benne Estimated Time: Bill Molnar bill@ashland.or.us Martha Bennett Consent Question: Does the Council approve the Mayor's appointment of a Downtown Task Force to propose a strategy that responds to merchant concerns regarding employee parking, temporary business signs and encroachments upon downtown sidewalks? Staff Recommendation: Staff recommends approving the formation of the Downtown Task Force. Background: The City's Downtown Plan notes that the "downtown is arguably the most important fifty acres in the City." Last week, Mayor John Morrison met with city staff, members of the City Council and Planning Commission and Executive Director of the Chamber of Commerce, Sandra Slattery, to discuss recent concerns raised by downtown business merchants. It was decided that the formation of a task force representing a variety of key interests and areas of concern would be an appropriate means for addressing the situation. The Mayor proposes to appoint a task force to look at the issues that seem to be affecting downtown merchants including: . The current policy of imposing restrictions on employee parking within the downtown area; . Education of business merchants and community with respect to City sign code requirements; . A review of City sign provisions related to the prohibition of temporary signs and the use of three-dimensional representations as sign structures; and . Permissible encroachments upon downtown public sidewalks. Membership of this task force as proposed by the Mayor is attached. This group will be a City advisory group and their meetings will be public meetings. The Mayor and staff recommend that the work of the task force be divided into short term and long term tasks. The task force will be asked to report out their short-term recommendations by the end of July. Short-term tasks (end of July 2008) . Recommend any short-term actions for Council on employee parking restrictions . Recommend any short-term actions for use of the right-of-way in commercial districts. . Recommend any minor adjustments to City sign code. Page 1 of2 070108 Downtown Task Force.CC.doc r~' CITY OF ASHLAND Long-term tasks (schedule TBA) . Review all current uses of downtown sidewalks (e.g. newspaper boxes, cafe tables, etc.) . Recommend any major alterations to downtown parking plans, such as implementation if2001 Downtown Plan Phase II. . Recommend other actions (e.g. streetscape plan) to city sidewalks, street furniture, planters, lighting, etc; to improve downtown pedestrian environment. . Recommend other actions (e.g. education, fa<;ade improvements, etc.) to improve aesthetic quality of downtown. Staffing of this task force will include staff as needed from Administration, Legal, and Community Development. Related City Policies and Ordinances: . AMC 18.96 - Ashland Sign Code . AMC 13.02 - Public Rights of Way . AMC 11.30.010 Downtown Parking District - Established Council Options: Council can approve the Mayor's formation of a Downtown Task Force as described and/or provide additional direction to the task force with respect to their charge. Potential Motions: I move to: . Approve the formation of the Mayor's Downtown Task Force Attachments: None Page 2 of2 070108 Downtown Task Force.CC.doc r~., Mayor's Downtown Task Force July 14,21, 28 from 2:00-4:00 Pam Hammond, Paddington Station, Chair John Morrison, Mayor Renee Compton, Rocky Mountain Chocolate Factory Daniel Greenblatt, Greenleaf Restaurant George Kramer, Citizen at large (limited availability) Dana Bussell, Public Art Commission John Stromberg, Planning Commission Dave Dotterer, Planning Commission (unconfirmed) Dale Shostrom, Citizen at large (limited availability) City Staff: Martha Bennett, Administration Richard Appicello, Legal Adam Hanks, Community Development Bill Molnar, Community Development CITY OF ASHLAND Council Communication Second Reading of an Ordinance Amending Chapter 4.24.020 of the Ashland Municipal Code Increasing the Transient Occupancy Tax Meeting Date: July 1, 2008 Primary Staff Contact: Lee Tuneberg Department: Administrative Services E-Mail: tuneberl@ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Martha Bennet Estimated Time: 5 minutes Question: Should Council approve the Ordinance to increase the Transient occupancy Tax (Hotel/Motel Tax) effective October 1, 2008? Staff Recommendation: Staff recommends approval of the attached Ordinance by its second reading. Background: This is the second reading of the Ordinance duly noticed, approved and read by title on June 3, 2008. Related City Policies: Financial Management Policies Council Options: Council may approve the above tax rates by second reading, may decrease the tax rates or defer action to gather more information. . Potential Motions: Council moves to approve second reading of the Ordinance as presented. Attachments: An Ordinance Amending Chapter 4.24.020 of the Ashland Municipal Code Increasing the Transient Occupancy Tax r.l' ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4.24.020 OF THE ASHLAND MUNICIPAL CODE INCREASING THE TRANSIENT OCCUPANCY TAX Annotated to show deletions and additions to the code sections being modified. Deletions are bold . and additions are bold underlined. WHEREAS, ORS 320.350(6} authorizes local governments to increase transient occupancy taxes provided certain limitations and restrictions are imposed on the funds collected; and WHEREAS, the City of Ashland conducted two public forums, several public meetings and a public hearing , the later being on June 3, 2008 on the question of whether the City's seven percent (7%) transient occupancy tax should be increased, by what percentage and for what purpose; and WHEREAS, after due consideration of input from the public, staff and due deliberation, the City of Ashland finds it necessary and desirable to increase the City's transient occupancy tax by two percent (20/0) to promote tourism, tourism-related facilities, economic development and other appropriate purposes consistent with the limitations in state law for use of such funds; and THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS: SECTION 1:. AMENDMENT. AMC 4.24.020 is amended to read as follows: 4.24.020 Tax Imposed. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of 6e".~en (70/0) nine (90/0) percent of the rent charged by the operator. Said tax constitutes a debt owed by the transient to the City which is extinguished only by payment to the operator of the hotel at the time the rent is paid. The operator shall collect and record the tax into the record when rent is collected, if the operator keeps records on the cash basis of accounting, and when earned if the operator keeps records on the accrual accounting bases. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the Tax Administrator may require that such tax shall be paid directly to the Tax Administrator. SECTION 2. CLASSIFICATION OF THE FEE. The tax specified in Ashland Municipal Code Section 4.24.020 as set forth in Section 1 of this ordinance is classified as not subject to the limits of section 11 b of Article XI of the Oregon Constitution SECTION 3. SEVERABILITY ~ Ordinance No. Transient Occupancy Tax Amendment Page 1 of 2 The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 4. SAVINGS CLAUSE. Notwithstanding this amendment, the City ordinances in existence at the time any legal action for collection, enforcement or other purpose authorized or referenced in Chapter 4.24 [Transient Occupancy Tax] of the Ashland Municipal Code that was legally commenced, shall remain valid and in full force and effect for purposes of all cases and actions filed or commenced during the times said ordinance(s) or portions thereof were operative. SECTION 5. DELAYED EFFECTIVE DATE. In accordance with Article 10, Section 3 of the Ashland City Charter, the City Council deems it advisable to specify a delayed effective for this ordinance increasing the transient occupancy tax to nine percent. Accordingly, Section 1 of this Ordinance shall take effect on October 1, 2008. SECTION 6. CODIFICATION. Provisions of this Ordinance shall be incorporated in the Ashland Municipal Code and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered, or re-Iettered, and typographical errors and cross-reference corrections, corrected by the City Recorder, provided however that Sections 2 thru 6, unincorporated Whereas clauses and boilerplate provisions need not be codified. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the _ day of , 2008, and duly PASSED and ADOPTED this _ day of , 2008. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of ,2008. John W. Morrison, Mayor Reviewed as to form: Richard Appicello, City Attorney Ordinance No. Transient Occupancy Tax Amendment Page 2 of 2 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Local Option Levy for Enhanced Library Services Draft Ballot Measure and Resolution July 1, 2008 Primary Staff Contact: Ann Seltzer Administration E-Mail: ann@ashland.or.us None Secondary Contact: Martha Benne Estimated Time: 10 minutes Question: Will the Council approve the draft ballot measure language for a local option levy for enhanced library services in Ashland? Will Council adopt the resolution to submit the ballot measure to the voters? Recommendation: Staff recommends Council approve the draft ballot measure language and adopt the resolution. Background: At the May 6, 2008 meeting, Council heard a recommendation from the Ashland Citizens Library Advisory Ad Hoc Committee to levy a tax to provide for enhanced library services for four years: FYI0 - FYI3. Council approved placing a measure on the November 2008 ballot for up to $0.25 per $1000 assessed value and requested staff to calculate the amount needed for enhanced services. Staff recommends a levy amount of up to $0.19/$1000. The intergovernmental agreement with Jackson County for enhanced library services requires $334,745 for FY09 with an option to extend the agreement for additional years at a cost increase of 3% per year. Staff calculates up to $0.19/$1000 will need to be levied each year. The ballot measure language must be finalized no later than August 5. The second council meeting in August is cancelled and Council will not meet prior to the filing deadline of September 4. Please refer to the attached time line Related City Policies: . Ashland Municipal Code Council Options: · Approve the draft ballot measure language and adopt the resolution · Identify changes to the draft and provide direction to staff Potential Motions: · Move approval of the draft ballot measure language and resolution · Move approval of the draft ballot measure language with changes and move approval of the resolution Page I of2 070 108 Library Ballot.CC.doc rA' CITY OF ASHLAND Attachments: . Draft ballot measure language . Resolution . Timeline Page 2 of2 070108 Library Ballot.CC.doc r~' RESOLUTION NO. 2008- A RESOLUTION OF THE CITY OF ASHLAND, JACKSON COUNTY, OREGON, TO SUBMIT TO THE VOTERS AT THE NOVEMBER 4,2008 GENERAL ELECTION A FUNDING INITIATIVE TO LEVY UP TO $.21 PER $1000 ASSESSED PROPERTY VALUE FOR THE PURPOSE OF PROVIDING ENHANCED LIBRARY SERVCIES AT THE ASHLAND PUBLIC LIBRARY FOR A PERIOD OF FOUR YEARS BEGINNING JULY 1, 2009. RECITALS: A. The City Council of the City of Ashland, Jackson County, Oregon (the "City") has determined that there is a need to provide enhanced library services at the Ashland Public Library for a period of four years beginning July 1,2009 ending June 30, 2013. B. Costs are estimated to be $335,000 per year increasing three percent each year for enhanced library services including: 16 hours of additional operating hours per week, with professional staff, three additional full time employees or equivalent and enhanced outreach services for teens, seniors and children. C. The enhanced library services are in additional to the base services provided by Jackson County at the Ashland Public Library. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Submit to the qualified voters of the City the question of levying up to $.19 per $1000 assessed property value for the purpose of providing enhanced library services at the Ashland Public Library for a period of four years beginning July 1, 2009. SECTION 2. The City Recorder shall cause to be delivered to the Elections Officer of Jackson County, Oregon, the attached Ballot Measure Notice, not later than 61 days prior to the election. The Election Officer is requested to give the electorate of the City notice that the election shall be conducted by mail pursuant to Oregon law; and SECTION 3. The City Recorder shall give notice of the election as provided in the laws of the State of Oregon and the charter and ordinances of the City of Ashland. SECTION 4. The City Attorney is authorized to alter the text of the ballot to comply with any rules, procedures or practices of the Elections Officer of Jackson County to implement the requirements of Oregon law. This resolution is effective upon signing by the Mayor. PASSED and ADOPTED this _ day of July, 2008: Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of July, 2008: John W. Morrison, Mayor Reviewed as to form: Richard Appicello, Assistant City Attorney City of Ashland, Ballot Measure, November 4 General Election Enhanced Services Funding Ashland Public Library Caption: Local Option Tax Levy Enhanced Services Funding Ashland Public Library Total 10 words (10 words permitted per ORS 250.035) Question: Shall Ashland levy up to $.19 per $1,000 assessed value for four years beginning July 1, 2009 for library operations? Total 20 words (20 words permitted per ORS 250.035 20) Summary: This tax levy will provide for enhanced services at the Ashland branch public library through June 30, 2013. Up to $.19 cents per $1,000 of assessed property value may be levied if this measure passes. The average 2008 assessed value for a single family home in Ashland is approximately $213,000, and this household would pay $40.47 per year if this measure passes. Funds generated under this levy will be used to provide enhanced library services beyond base services currently provided by Jackson County. The City will not levy this tax if Jackson County provides sufficient funding to provide for library services equal to the current base and enhanced servIces. The existing City of Ashland/Jackson County intergovernment~l agreement to operate the Ashland library must also be extended to 2013. Enhanced library services in Ashland include the following, at a minimum: . 16 additional open hours per week with professional staff. . Three additional full time employees or the equivalent . Enhanced outreach library programs for teens, seniors and children Total 168 words (175 words permitted per ORS 250.035) Explanatory Statement: Passage of this levy will provide for enhanced library services for four years beginning July 1, 2009 through June 31, 2013. It provides for enhanced library services beyond base services provided by the county. The City of Ashland and Jackson County have an intergovernmental agreement to operate the Ashland library which terminates on June 30, 2009. In September 2007, Ashland voters supported a supplemental tax levy for two years to provide for enhances library services. The City levied $.20 per $1000 for enhanced library services from October 2007 through June 30, 2008 and $.13 per $1000 for enhanced library services from July 1, 2008 through June 30, 2009. Passage of this measure authorizes the City of Ashland to levy up to $.19 per $1000 assessed value each year for four years for the purpose of providing enhanced library services from July 1, 2009 through June 31 2013. 1 Enhanced library services in Ashland include the following, at a minimum: . 16 additional open hours per week for a total of 40 hours per week . Three additional full time employees or the equivalent . Enhanced outreach library programs for teens, seniors and children Other funding? The Citizens Library Advisory Ad Hoc Committee continues to advocate for a county-wide library system and actively participates with other library cO,mmittees in Jackson County to identify long term stable library funding options. Should new countywide funds become available for complete library services, the City will not levy this proposed tax. How much will it cost me? To determine how much your household will pay in additional taxes, refer to your property tax statement issued by the county and find your tax assessed property value. (Your tax assessed value will be significantly lower that your market assessed value.) The average 2008 assessed value for a single family residence in Ashland is approximately $213,000. The additional property tax paid by the "average" household would be $40.47 per year (213 multiplied by 19 cents). Results of a 'No" Vote If this local option levy does not pass, the Ashland public library, after June 30, 2009, will operate under the base services currently provided by the county: 26 open hours per week, reduced outreach services and reduced staffing levels. Total 370 words (500 words permitted per ORS 246.150, 251.305 & 251.325 500) 2 Timeline November 2008 Ballot Measure November 4 General Election September 8 Deadline to submit voter pamphlet information for November election September 4 Deadline to file ballot measure for November election August 25 Deadline to submit ballot measure language to Ashland City Recorder June 17 June 3 May 20 Finalize ballot measure language (assumes second meeting in August is canceled) Review second draft ballot measure language Review first draft ballot measure language Three possible council meetings to discuss and deliberate placing a local option levy on the November 2008 ballot. August 5 July 15 July 1 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Second Reading: Arterial Setback Ordinance July 1, 2008 Primary Staff Contact: Richard Appicello City Attorney's Office E-Mail: Appicelr@ashland.or.us Community Develo ment Secondary Contact: Maria Harris Martha Benne Estimated Time: 5 minutes 1 Ordinance Question: Should the City Council conduct Second Reading of an ordinance amending setbacks on Lithia Way and changing sidewalk standards? Staff Recommendation: Staff recommends Council approval of Second Reading by title only, reading of changes from first reading in full and adoption of the Ordinance. Background: Attached please find a revised ordinance reflecting changes recommended by legal and planning staff. The changes made here between first and second reading need to be read in full. Related City Policies: City Charter Article 10, Section 3. Site Design and Use Standards. Transportation Element of the Comprehensive Plan Council Options: (1) Conduct Second Reading with changes recommended by staff read in full. (2) Conduct Second Reading with changes from June 3, 2008 Council Communication. (3) Do not conduct second reading. Potential Motions: Staff Recommendation Staff: [Conduct Second Reading by Title only] Staff reads the following new language in full: In Section 2, [Page 2J revise the date asfollows: K. Street Standards. All standards under 18.88.050 and all All standards in the City of Ashland Street Standards Handbook as adopted in Ordinance 2836 and as ,::<>~:~~;~::':~::<~~?-y~~'~~;;:'::~:};'<?;:>>.;~<'~~'>;. w amended b Ordinance r.'*"~:"w<;^li1C ^ '0 are s ecificall incorporated herein and made a part hereof bv this reference. aDd staDdards UDder 18.88.959. Page I 070108 Arterial Setback Ordinance 2nd read.CC.doc ~~, CITY OF ASHLAND In SECTION 3, [Page 3J revise sidewalk width for Neighborhood Collector, Commercial in Table 1: City of Ashland Street Design Standards Parallel Parking One Side Parallel Parking Both Sides Diagonal Parking One Side Diagonal Parking Both Sides 10,2 10,2 _10,2 10,2 In SECTION 3, [Page 3J add new sentences to the end Note 1 to Table 1: City of Ashland Street Design Standards 1 7'- 8' landscaDe Darkrow shall be installed in residential areas, a 5' hardscape parkrow with tree wells shall be fHetI installed in commercial areas. In SECTION 3, [Page 4) add a new Note 4 to Table 1: City of Ashland Street Design Standards4 In SECTION 4, {Page 4J add new sentences to the end of the first paragraph under Street Design Standards: Street Design Standards A description of street design standards for each 'street classification follows. For an abbreviated presentation of the street right-of-way standards, see Table 1. All elements listed are re uired unless s ecifically noted. In SECTION 4, [Page 10J delete the inadvertently added language for Commercial Neighborhood Collector Parkrow: Commercial Neighborhood Collector Page 2 070108 Arterial Setback Ordinance 2nd read.CC.doc r..., CITY OF ASHLAND Parkrow: 7' 8' 00 bath sides. Hardseape parkro,v_,vith street trees plaoted io ,veils shall be used io eommereial areas. In SECTION 4, [Page 10J revise the sidewalk standard as follows: Commercial Neighborhood Collector Sidewalks: In SECTION 5, E.6[Page 15J delete the highlighted sentence concerning structural soils: Trees shall not be planted within 2 feet of any permanent hard surface paving or walkway. Sidewalk cuts in concrete for trees, or tree wells. shall be at least l() 25 square feet; however, larger cuts are encouraged because they allow additional air and water into the root system and add to the health of the tree. Spaee betweeo the tree aod sueh hard surfaee be eo"'ered by permeable 000 permaoent hard surfaees sueh as grates, brieks 00 saod, or paver bloeks. Tree wells shall be covered b tree rates in accordance with ci s ecifications.W11 Potential Motions: Move to approve second reading and adoption of an ordinance amending the Ashland Municipal Code, Land Use Ordinance Concerning Special [Arterial] Setbacks and Associated Street Standards adopted in Ordinance 2836, with changes read in full. Attachments: Proposed Ordinance Page 3 070108 Arterial Setback Ordinance 2nd read.CC.doc r~' ORDINANCE NO. AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE, LAND USE ORDINANCE CONCERNING SPECIAL [ARTERIAL] SETBACKS AND ASSOCIATED STREET STANDARDS ADOPTED IN ORDINANCE 2836 Annotated to show 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 City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v. International Ass'n of Firefiahters. Local 1660. Beaverton Shop 20 Or. App. 293,531 P 2d 730, 734 (1975; and WHEREAS, Section 18.68.050 of the City of Ashland Municipal Code currently provides for a special 20 foot setback on Arterial Streets; and WHEREAS, Planning staff sent hotice to the DLCD in accordance with ORS 197.610 on February 22, 2008; and WHEREAS, the Planning Commission considered the proposed amendment at a duly advertised hearing on April 8, 2008 and recommended approval of the ordinance; and WHEREAS, the City Council considered the proposed amendment at a duly advertised hearing on May 20, 2008 and following review of the staff report, and after considering public input and the evidence in the record as a whole, the Council conducted first reading of the Ordinance and moved the Ordinance to Second Reading; and WHEREAS, on June 3, 2008 the City Council conducted Second Reading of the Ordinance and approved adoption of the Ordinance; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to modify this setback as regards certain arterial streets; namely Lithia Way, and THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS: Arterial Setback Ordinance: June 17, 2008 Second Reading Page 1 of 15 SECTION 1. Section 18.68.050 of the Ashland Municipal Code is amended to read as follows: 18.68.050Arterial Street Special Setback Requirements. To permit or afford better light, air and vision on more heavily traveled streets and on streets of substandard width, to protect arterial streets, and to permit the eventual widening of hereinafter named streets, every yard abutting a street, or portion thereof, shall be measured from the special base line setbacks listed below instead of the lot line separating the lot from the street. Street East Main Street, between City limits and Lithia Way Ashland Street (Highway 66) between City limits and Siskiyou Boulevard Setback 35 feet 65 feet Also, front yards for properties abutting all arterial streets shall be no less than twenty (20) feet, with the exception of the C-1-D district and properties abuttina Lithia Way in the C-1 district. SECTION 2. Section 18.88.020. K [Definitions - Street Standards] of the Ashland Municipal Code is amended to read as follows: K. Street Standards. All standards under 18.88.050 and all AU standards in the City of Ashland Street Standards Handbook as ado ted in Ordinance 2836 and as amended b Ordinance are specificallY incorporated herein and made a part hereof by this reference. and standards under 18.88.050. SECTION 3 Th A hi d St t St d d H db k T bl 1 20 e s an ree an ar s an 00 , a e on page , as I + ~'_8.1 I adopted by Ordinance 2836 is hereby amended to read as follows: Table 1: City of Ashland Street Design Standardsl WITHIN CURB- TO-CURB AREA TYPE OF STREET ADT R.O.W. CURB. TO- MOTOR MEDIAN BIKE PARK. CURB PARK. t WIDTH CURB VEHICLE AND/OR LANES ING ROW 'ALKS PAVEMENT TRA VEL CENTER WIDTH LANES TURN LANE on on on on both both both both sides sides sides J sides ! 6'.10'2 2-Lane Boulevard 8,000 to 61'.87' 34' 11' none 2at 6' in 8' 6" 1~'.8'1 each bays 3.Lane Boulevard 30,000 73'-99' 46' 11' 12' 2at6' in 8' 6" 15'-8.1 6'.10.2 each bays 5-Lane Boulevard ADT 95'.121' 68' 11' 12' 2at6' in 8' 6" 1~'_8'1 6'-10' 2 each bays 2.Lane Avenue 3,000 to 59'-86' 32'.33' 10'.10.5' none 2at6' in 8' 6" 1~'-8.1 6'.10,2 Arterial Setback Ordinance: June 17, 2008 Second Reading Page 2 of 15 each bays 10,000 3-Lane Avenue ADT 70.S'- 43.S'-44.S' 10'-10.S' 11.S' 2atS' in S' S" +~'_S,l S'_10,2 97.5' each bays Neighborhood Collector, Residential 1,SOO to NA NA3 No Parking S,OOO 49'-S1' 22' 11' none S" S' S'-S' Parking One Side ADT 50 '-SS , 25'-27' 9'-10' one 7' S" 7'-S' S'-S' lane Parking Both Sides S7'-S3' 32'-34' 9'-10' two7' S" 7'-S' S'-S' lanes Neighborhood Collector, 10' ; Commercial Parallel Parking One Side SS'-SS' 2S' 10' oneS' S" +~'_S'l ._10'2 lane Parallel Parking Both Sides S3'-73' 3S' 10' twoS' S" +~'_S'l ._10'2 lanes Diagonal Parking One Side SS'-74' 37' 10' one S" +~'_So1 "_10,2 17' lane Diagonal Parking Both Sides S1'-91' 54' 10' two S" +~'_S,l 1)'_10'2 17' lanes Neighborhood Street, Residential less NA NA3 than Parking One Side 1,500 47'-51' 22' 15' one 7' S" 7'-S' S'.S' Queuing lane Parking Both Sides ADT 11'-14' 50'-57' 25 '-2S , Queuing two7' S" 7'-S' S'-S' lanes Alley NA 1S' 12' paved NA NA NA none none none none width, 2' strips on both sides Multi-Use Path N NA NA none none none none width,2'-4' strips on both sides 2 S'sidewalk shall be installed in residential areas, S'.10'sidewalk shall be installed in commercial areas 1 7'. 8' landscape parkrow shall be installed in residential areas. I 5' hardscape parkrow with tree wells shall be used installed in commercial areas:, 2 6' sidewalk shall be installed in residential areas, 8'-10' sidewalk shall be installed in commercial areas. A 10' sidewalk shall be reauired on Boulevards (arterial) streets in the Downtown Desian Standards Zone. 3 bike lanes are generally not needed on low volume (less than 3,000 ADT) and/or low travel speed (Less than 25mph) streets Arterial Setback Ordinance: June 17, 2008 Second Reading Page 3 of 15 SECTION 4. The Ashland Street Standards Handbook, Street Design Standards, (pages 21 to 30), as adopted by Ordinance 2836. are hereby amended to read as follows: Street Design Standards A description of street design standards for each street classification follows. For an abbreviated presentation of the street right-of-wa standards, see Table 1. All elements listed are re uired unless specifically noted. Approval Standards: New and reconstructed streets shall conform to the following design standards. Boulevard Boulevards are major thoroughfares filled with both human and vehicular activity. Design should provide an environment where walking, bicycling, using transit and driving are equally convenient and should facilitate the boulevard's use as a public space. Design should start with the assumption that the busy nature of a boulevard is a positive factor and incorporate it to enhance the street scape and setting. A 2-lane, 3- lane, or 5-lane configuration can be used depending on the number of trips generated by surrounding existing and future land uses. Street Function: Provide access to major urban activity centers and provide connections to regional traffic ways such as Interstate 5. Traffic without a destination in Ashland should be encouraged to use regional traffic ways and discouraged from using boulevards. Connectivity: Connects neighborhoods to urban activity centers and to regional traffic ways such as Interstate 5. Arterial Setback Ordinance: June 17, 2008 Second Reading Page 4 of 15 Average Daily Traffic: 8,000 - 30,000 motor vehicle trips per day Managed Speed: 25 mph - 35 mph Right-ot-Way Width: Curb-to-Curb Width: Motor Vehicle Travel Lanes: Bike Lanes: Parking: . 61' - 87' for 2-Lane . 73' - 99' for 3-Lane . 95' - 121' for 5-Lane . 34' for 2-Lane . 46' for 3-Lane . 68' for 5-Lane . Two 11' travel lanes for 2-Lane . Two 11' travel lanes, one 12' median/center turn lane for 3-Lane . Four 11' travel lanes, one 12' median/center turn lane for 5-Lane Two 6' bike lanes, one on each side of the street moving in the same direction as motor vehicle traffic. In 8' - 9' bays Curb and Gutter: Yes 6" vertical/barrier curb Parkrow: 7' 8' on both sides. Hardscape parkrO\\' '::ith street trees planted in v:ells shall be used in commercial areas. . 7' - 8' landscape parkrow shall be installed in residential areas. Street trees shall be planted in the parkrow in accordance with the Street Tree Standards in the Site Desian and Use Standards. . 5' hardscape parkrow shall be used in commercial areas with on-street parkina and where the street corridor has or will have a hardscape parkrow in place. Landscape parkrows may be appropriate in some commercial areas without on-street parkina. or where the overall desian concept tor the street corridor includes a landscape parkrow. The minimum width ot a landscaped parkrow in commercial areas shall be 7'. Street trees shall be planted in the Arterial Setback Ordinance: June 17, 2008 Second Reading Page 5 of 15 Sidewalks: Avenue oarkrow in accordance with the Street Tree Standards in the Site Desian and Use Standards. &1 on both sides in residential areas, 81 101 on both sides in commercial areas . 61 on both sides in residential areas. . 81 _ 101 on both sides in commercial areas. A 10' sidewalk shall be reauired on Boulevards in the Downtown Desian Standards Zone. Avenues provide concentrated pedestrian, bicycle, transit and motor vehicle access from neighborhoods to neighborhood activity centers and boulevards. Avenues are similar to boulevards, but are designed on a smaller scale. Design should provide an environment where walking, bicycling, using transit and driving are equally convenient and should facilitate the avenue's use as a public space. A 2-lane, or 3-lane configuration can be used depending on the number of trips generated by surrounding existing and future land uses. Street Function: Connectivity: Average Daily Traffic: Provide access from neighborhoods to neighborhood activity centers and boulevards. Connects neighborhoods to neighborhood activity centers and boulevards. 3,000 - 10,000 motor vehicle trips per day Managed Speed: 20 mph - 25 mph Right-of-Way Width: Curb-to-Curb Width: Motor Vehicle Travel Lanes: . 59' - 86' for 2-Lane . 70.5' - 97.5' for 3-Lane . 32' - 33' for 2-Lane . 43.5' - 44.5' for 3-Lane . Two 10' - 10.5' travel lanes for 2-Lane . Two 10' - 10.5' travel lanes, one 11.5' median/center turn lane for 3-Lane Arterial Setback Ordinance: June 17, 2008 Second Reading Page 6 of 15 Bike Lanes: Two 6' bike lanes, one on each side of the street moving in the same direction as motor vehicle traffic Parking: In 8' - 9' bays Curb and Gutter: ' Yes, 6" vertical/barrier curb Parkrow: 7' 8' on both sides. Hardscape parkro'..I '.\.ith street trees planted in '.vells shall be used in commercial areas. . 7' - 8' landscape parkrow shall be installed in residential areas. Street trees shall be planted in the parkrow in accordance with the Street Tree Standards in the Site Desian and Use Standards. . 5' hardscape parkrow shall be used in commercial areas with on-street parkina and where the street corridor has or will have a hardscape parkrow in place. Landscape parkrows may be appropriate in some commercial areas without on-street parkina. or where the overall desian concept for the street corridor includes a landscape parkrow. The minimum width of a landscaped parkrow in commercial areas shall be 7'. Street trees shall be planted in the parkrow in accordance with the Street Tree Standards in the Site Desian and Use Standards. Sidewalks: i' on both sides in residential areas, 8' 10' on both sides in commercial areas . 6' on both sides in residential areas. . 8' - 10' on both sides in commercial areas. Neighborhood Collector Neighborhood Collectors provide access to neighborhood cores and gather traffic from various parts of the neighborhood and distribute it to the major street system. Different configurations with several on-street parking options are provided for residential and commercial areas. Residential Neighborhood Collector Street Function: Provide access in and out of the neighborhood. Connectivity: Collects traffic from within residential areas and connects these areas with the major street network. Arterial Setback Ordinance: June 17, 2008 Second Reading Page 7 of 15 Average Daily Traffic: 1,500 to 5,000 motor vehicle trips per day Managed Speed: 15 mph - 20 mph Right-of-Way Width: Curb-to-Curb Width: Motor Vehicle Travel Lanes: Bike Lanes: Parking: . 49' - 51' for No On-Street Parking . 50' - 56' for Parking One Side . 57' - 63' for Parking Both Sides . 22' for No On-Street Parking . 25' - 27' for Parking One Side . 32' - 34' for Parking Both Sides . Two 11' travel lanes for No On-Street Parking . Two 9' - 10' travel lanes' for Parking One Side and Parking Both Sides Generally not needed on low volume/low travel speed streets. If motor vehicle trips per day exceed 3,000, and/or actual motor vehicle travel speeds exceed 25 mph, a bike lane shall be required. . One 7' lane for Parking One Side . Two 7' lanes for Parking Both Sides Parking may be provided in 7' bays rather than a continuous on-street parking lane. Curb and Gutter: Yes, 6" vertical/barrier curb Parkrow: Sidewalks: . 8' parkrow on both sides for No On-Street Parking . 7' - 8' parkrows on both sides for Parking One and Both Sides 5' - 6' on both sides, use 6' in high pedestrian volume areas with frequent 2-way foot traffic Commercial Neighborhood Collector Arterial Setback Ordinance: June 17, 2008 Second Reading Page 8 of 15 Street Function: Con nectivity: Average Daily Traffic: Provide access in and out of neighborhoods and to neighborhood core with shopping and services. Collects traffic from within residential areas. Provides neighborhood shopping opportunities and connects these areas with the major street network. 1,500 to 5,000 motor vehicle trips per day Managed Speed: 15 mph - 20 mph Right-of-Way Width: Curb-to-Curb Width: Motor Vehicle Travel Lanes: Bike Lanes: Parking: . 55' - 65' for Parallel Parking One Side . 63' - 73' for Parallel Parking Both Sides . 65' - 74' for Diagonal Parking One Side . 81' - 91' for Diagonal Parking Both Sides . 28' for Parallel Parking One Side . 36' for Parallel Parking Both Sides . 37' for Diagonal Parking One Side . 54' for Diagonal Parking Both Sides Two 10' travel lanes Generally not needed on low volume/low travel speed streets. If motor vehicle trips per day exceed 3,000, and/or actual motor vehicle travel speeds exceed 25 mph, a bike lane may be needed. . One 8' lane for Parallel Parking One Side . Two 8' lanes for Parallel Parking Both Sides . One 17' lanes for Diagonal Parking One Side . Two 17' lanes for Diagonal Parking Both Sides Parking may be provided in 7' bays rather than a continuous on-street parking lane. Curb and Gutter: Yes, 6" vertical/barrier curb Parkrow: 7' 8' on both sides. Hardscape parkro-.v -:/ith street troes planted in \\-ells shall be used in commercial areas. Arterial Setback Ordinance: June 17, 2008 Second Reading Page 9 of 15 Sidewalks: Neighborhood Street 5' hardscape parkrow shall be used in commercial areas with on-street parkina and where the street corridor has or will have a hardscape parkrow in place. Landscape parkrows may be appropriate in some commercial areas without on-street parkina. or where the overall desian concept tor the street corridor includes a landscape parkrow. The minimum width ot a landscaped parkrow in commercial areas shall be 7'. Street trees shall be planted in the parkrow in accordance with the Street Tree Standards in the Site Desian and Use Standards. - Neighborhood Streets provide access to individual residential units and neighborhood commercial areas. Different configurations with several on-street parking options are provided for residential and commercial areas. Neighborhood Street: Street Function: Con nectivity: Average Daily Traffic: For use in the following single-family residential zones - WR (Woodland Residential), RR - 1 and RR - .5 (Low Density Residential, and R-1-3.5, R-1-5, R-1-7.5 and R-1-10 (Single- Family Residential) unless specifically noted. Provide access to individual residential units and commercial areas. Connects to higher order streets. 1,500 or less motor vehicle trips per day Managed Speed: 10 mph - 20 mph Right-ot-Way Width: Curb-to-Curb Width: . 47' - 51' for Parking One Side . 50' - 57' for Parking Both Sides . 22' for Parking One Side . 25' - 28' for Parking Both Sides Arterial Setback Ordinance: June 17, 2008 Second Reading Page 10 of 15 Motor Vehicle Travel Lanes: . One 15' queuing lane for Parking One Side . One 11' queuing lane for Parking Both Sides in the R-1 zone, One 14' queuing lane for Parking Both Sides in higher density residential areas (Le. R-1-3.5, R-2 and R- 3) On local residential streets with adequate off-street parking, a single 14' wide traffic lane may be permitted for both directions of vehicle traffic. The single traffic lane is intended to create a "queuing street" such that when opposing vehicles meet, one of the vehicles must yield by pulling into a vacant portion of the adjacent parking lane. This queuing effect has been found to be an effective and safe method to reduce speeds and non-local traffic. Parking: Generally not needed on low volume/low travel speed streets. . One 7' lane for Parking One Side . Two 7' lanes for Parking Both Sides Bike Lanes: Parking may be provided in 7' bays rather than a continuous on-street parking lane. Curb and Gutter: Yes, 6" vertical/barrier curb Parkrow: . 8' parkrow in residential areas on both sides for No On- Street Parking. Street trees shall be planted in the parkrow in accordance with the Street Tree Standards in the Site Desian and Use Standards. . 7' - 8' parkrows in residential areas on both sides for Parking One and Both Sides. Street trees shall be plated in the parkrow in accordance with the Street Tree Standards in the Site Desian and Use Standards. . 5' hardscape parkrow shall be used in commercial areas with on-street parkina and where the street corridor has or will have a hardscape parkrow in place. Landscape parkrows may be appropriate in some commercial areas without on-street parkina. or where the overall desian concept for the street corridor includes a landscape parkrow. The minimum width of a landscaped parkrow in commercial areas shall be 7'. Street trees shall be planted in the parkrow in accordance with the Street Tree Standards in the Site Desian and Use Standards. Arterial Setback Ordinance: June 17, 2008 Second Reading Page 11 of 15 Sidewalks: Alley 5' - 6' on both sides, use 6' in high pedestrian volume areas with frequent 2-way foot traffic The alley is a semi-public neighborhood space that provides access via the rear of the property. The use of alleys eliminates the need for front yard driveways and provides the opportunity for a more positive front yard street scape, allows the street located adjacent to the front of properties to be designed using a narrow width with limited on-street parking, and creates the opportunity for the use of narrower lots to increase residential densities. Alleys are appropriate in all residential areas and in some commercial areas for business frontage. Alleys provide access and delivery depending on the circulation pattern of the area. Street Function: Con nectivity: Average Daily Traffic: Managed Speed: Right-of-Way Width: Pavement Width: Motor Vehicle Travel Lanes: Bike Lanes: Parking: Curb and Gutter: Parkrow: Sidewalks: Provide rear yard access and delivery to individual residential and commercial properties, and an alternative utility placement area. Connects to all types of streets. Not applicable Not applicable, motor vehicle travel speeds should be below 10 mph 16' 12' with 2' graveled or planted strips on side Not applicable Not applicable, bicyclists can easily negotiate these low use areas No parking within the right-of-way Not curb, use inverse crown Not applicable Not applicable, pedestrians can easily negotiate these low use areas Multi-use Path Multi-use paths are off-street facilities used primarily for walking and bicycling. These paths can be relatively short connections between neighborhoods (neighborhood connections), or longer paths adjacent to rivers, creeks, railroad tracks and open space. Arterial Setback Ordinance: June 17, 2008 Second Reading Page 12 of 15 Function: Connectivity: Right-of-Way Width: Pavement Width: F or pedestrians and bicyclists, provide short connections between destinations and longer paths in situations where a similar route is not provided on the street network. Enhances route options and shorten distances traveled for pedestrians and bicyclists. 12'-18' 6' - 10' with 2' - 4' graveled or planted strips on side Curb and Gutter: No curb SECTION 5. The Ashland Site Design and Use Standards Handbook, Street Tree Standards, (pages 29 to 30), as adopted by Ordinance , and authorized in Section 18.72.080, are hereby amended to read as follows: E. Street Tree Standards Approval Standard: All development fronting on public or private streets shall be required to plant street trees in accordance with the following standards and chosen from the recommended list of street trees. II-E-1 } II-E-2) Location for Street Trees Street trees shall be located behind the sidewalk except in cases where there is a designated planting strip in the right-of-way, or the sidewalk is greater than 8 feet wide. Street trees shall include irrigation, root barriers, and generally conform to the standards established by the Department of Community Development. Spacing, Placement, and Pruning of Street Trees All tree spacing may be made subject to special site conditions which may, for reasons such as safety, affect the decision. Any such proposed special condition shall be subject to the Staff Advisor's review and approval. The placement, spacing, and pruning of street trees shall be as follow: 1) Street trees shall be placed at the rate of one tree for every 30 feet of street frontage. Trees shall be evenly spaced, with variations to the spacing permitted for specific site limitations, such as driveway approaches. 2) Trees shall not be planted closer than 25 feet from the curb line of intersections of streets or alleys, and not closer than Arterial Setback Ordinance: June 17, 2008 Second Reading Page 13 of 15 II-E-3} II-E-4} 10 feet from private driveways (measured at the back edge of the sidewalk), fire hydrants, or utility poles. 3) Street trees shall not be planted closer than 20 feet to light standards. Except for public safety no new light standard location shall be positioned closer than 10 feet to any existing street tree, and preferably such locations will be at least 20 feet distant. 4) Trees shall not be planted closer than 2 % feet from the face of the curb except at intersections where it shall be 5 feet from the curb, in a curb return area. 5) Where there are overhead power lines, tree species are to be chosen that will not interfere with those lines. 6) Trees shall not be planted within 2 feet of any permanent hard surface paving or walkway. Sidewalk cuts in concrete for trees, or tree wells, shall be at least 4-0 25 square feet; however, larger cuts are encouraged because they allow additional air and water into the root system and add to the health of the tree. Space ~et\~een the tree and such hard surface ~e cO'Jered by permea~le non permanent hard surfaces such as grates, ~ricks on sand, or p3'Jer blocks. Tree wells shall be covered bv tree arates in accordance with city soecifications. 7) Trees, as they grow, shall be pruned to provide at least 8 feet of clearance above sidewalks and 12 feet above street roadway surfaces. 8) Existing trees may be used as street trees if there will no damage from the development which will kill or weaken the tee. Sidewalks of variable width and elevation may be utilized to save existing street trees, subject to approval by the Staff Advisor. Replacement of Street Trees Existing street trees removed by development projects shall be replaced by the developer with those from the approved street tree list. The replacement trees shall be of size and species similar to the trees that are approved by the Staff Advisor. Recommended Street Trees Street trees shall conform to the street tree list approved by the Ashland Tree Commission. Arterial Setback Ordinance: June 17, 2008 Second Reading Page 14 of 15 SECTION 6 Severability. If any section, provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other sections, provisions, clauses, or paragraphs of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 7. Sav~ngs Clause. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement or other land use actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or actions commenced during the times said ordinance(s) or portions thereof were operative. SECTION 8. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered, or re-Iettered, provided however that any Whereas clauses and boilerplate provisions (Le. Sections 6- 8) need not be cod ified. I I I I I I I The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of ,2008, and duly PASSED and ADOPTED this day of , 2008. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of ,2008 John W. Morrison, Mayor Reviewed as to form: Richard Appicello, City Attorney Arterial Setback Ordinance: June 17, 2008 Second Reading Page 15 of 15 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Senor Sams Food & Beverage Tax Appeal July 1, 2008 Primary Staff Contact: Lee Tuneberg Administration E-Mail: tuneberl@ashland.or.us Admin. Services Secondary Contact: Lee Tuneberg Martha Benn Estimated Time: 15 minutes Question: Should the City Council waive the penalties and/or related interest on the delinquent Food and Beverage (Meals Tax) Tax return submitted two days late by Senor Sams? Staff Recommendation: Staff recommends Council direct the operator to pay all amounts because the Code does not include provisions for a waiver of this kind. If Council wants to provide a waiver, then staff recommends the "Last Chance" agreement described below. Background: This appeal originates from tax revenue collected by Senor Sams during January through March, 2008. Return and payment were due into the City between April 1 and April 30th. Both report and payment were made on May 2nd. The penalties and interest were calculated per the Ashland Municipal Code (AMC). The AMC does not provide for staff to waive penalties or fees calculated per the code. In 2004 the City Council changed the Ashland Municipal Code to give food and beverage operators five extra days to report and pay. The prior code required payment 25 days after the end of the period for which the tax was collected and was changed to the last day of the month. If the last day falls on a weekend or holiday the next business day is the deadline. In May 2005 staff did not pursue a penalty when a delinquent payment was received 20 days late before staff could take action; in February 2006 staff did not pursue a penalty for a two-day late payment caused when operator affixed insufficient postage. Both of these cases represent situations where the strict letter of the Code was not followed. Attached are the various correspondences, the tax return and excerpts of the City Code. Related City Policies: City of Ashland Municipal Code Chapter 4.34. City of Ashland Municipal Code Chapter 1.08. Council Options: Council may require Senor Sams to pay all amounts owing immediately or may waive any penalty amount and/or accrued interest as it deems appropriate. Council may charge additional amounts based Page I of2 070108 Senor Sams Appeal.CC.doc r... ., CITY OF ASHLAND upon Section 4.34.120 which allows the City to determine the delinquent reporting and payments as "an infraction. ..punished as set forth in Section 1.08.020..." which is afine of up to $500 per day the tax is delinquent. Council could also direct staff to create a "Last Chance Agreement" with Senor Sams agreeing that all future payments will be made timely and foregoing further appeals on late payments penalties and interest. Potential Motions: A. Council moves to accept the staff recommendation and require immediate payment of $764.17. B. Council moves to accept the appeal and reduce the amount by $ and requires Senor Sams to pay the revised amount immediately. AND (if warranted) C. Council directs staff to enter into a Last Chance Agreement with Senor Sams assuring timely payments and foregoing future appeals of penalties and interest assessed per AMC for lat~ payments. Attachments: Senor Sams appeal letter dated June 10, 2008 with attachment Senor Sams appeal letter dated May 12, 2008. Summary of charges to date for delinquent tax from April, 2008 Tax Return for January - March, 2008 AMC 4.34 Food and Beverage Tax AMC 1.08 General Penalty City Administrator letter noticing appellant of the scheduled appeal for 7/1/08 dated June 23,2008 Page 2 of2 070108 Senor Sams Appeal.CC.doc r~' Dear Ashland City Council, I wrote a written request to Lee Tuneberg to waive my 10% late fee for being two days late on paying my meals tax. I then received a letter from Martha Bennett (who has been very kind and understanding) advising me that tbis matter would have to be appealed in front oftbe City Council on July 1st. My daugbter is getting married the weekend before in Portland and we won~t be home. However I also communicated to Martha that I would find it humiliating to stand in front of the city council and beg you not to hit me with a severe penalty that I didn't deserve in the first place. I requested to be able to write a letter in liu of being at the meeting and she said that would be fine. I was out of town and two checks did not get put in the mail when they should of One for the meals tax and the other was to the IRS for my Federal unemployment tax also due on 4/30/08. rm sending a copy of the letter the IRS sent to me letting me know I was late in paying my tax. However, they chose to waive the 10010 penalty on their own without a request from me or anything? I would think that the city I chose to live and do business in would have at least the same ifnot more compassion than the IRS. To the best of my recollection rve have never been even one day late and told Martha how hurt I was that the City of Ashland would try to extract this kind of money from one of their own for an honest mistake. She tried to relate to me that the 100/0 penalty was in place not to hurt me but to penalize those businesses who~re ttying to use the city~s meals tax money for their own benefit. I agree with that line of thinking lOO%! However ( don ~t feel being two days late one time would put me in the category of trying to use the City~s money for my own benefit. I could understand if you were a credit card company that I chose to do business with and you made considet1lhle profit off of people being late. I only hope and pray that the city of Ashland doesn't think that way. I want to go on record saying I support the parks and water treatment improvements that this money goes toward, however in a state where the economy is based on no sales tax to single out local restaurants and businesses that sell food and beverages borders on unconstitutional in my mind. No telling how much money we've lost having to impose this tax on our customers. Who by the way are mostly students, seniors and locals, not tourists. Many customers have told me, out of principle, they choose to eat outside the city limits and not pay your meals tax. Others say they can't eat out as often because of the tax. I do not believe the 5% remuneration fee you give for collecting this tax even comes close to reimbursing us for the time and stress and loss of revenue due to us being forced to collect this tax for the City of Ashland! This whole mess has really rubbed salt into my open wound! ( would also like to suggest that the City Council figure out a way to rewrite the Ashland Municipal Code so it does penalize the bad people that are trying to use the City's money for their own profit and protects the good guy who makes an honest mistake! 6/10/08 I ~i~YOUrconside=~smr}y-- J~ilbert: Owner "Sen~ Sam's of Ashland" IfD) [E'U"~ , !ill JUN 1 2 200/ By ___c._' , ".,,-===J HI, 10 200712 670 2()o817 191073 a Department of (he Treasury Internal Revenue Senice OGDEN, UT 84201-0038 (H26 97520 IRS USE ONLY 81840-102-48637-8 1\0189661 276B 931222224 SB J For a!'sistance, call: 1-800-829-0115 Notice Number: CP276B Date: May 5, 2008 114791.493350.0391.009 1 AT 0.334 370 11.1..1.. .1.1.1. ..1.111.... .1.1..11..,1.11...1.,11..1..1,11..1 Taxpayer Identitlcation Number: 93-1222224 Tax Form: 940 Tax Period: December 31, 2007 II SENOR SAMS OF ASHLAND INC SENOR SAMS MEXICAN GRILL 1634 ASHLAND S1 ASHLAND OR 91520-2327346 114791 This Is Not a Bill * You Made One or More Late ."ederal Tax Deposits But We Didn't Charge You a Penalty , ~., A ~ In this notice, l-ve'lI e.,rplainthaJ we're contacting YOl! because (?(latefederal tax deposits and to provide amnver.\' to questions you I1Ul)' have abollt depos'its and ho~v to make them. Why Are You Contacting Me? We're contacting you because the deposits for the following tax liability anlounts were not received timely for your deposit requirement and that ~~_~~!y.~~J~~~"~.i''!r~~.I~J)~p~~!!JfT~na!~YJ!~.r~~_.~,!I !.~eseJ~teJl~~.s.lt~! Due Date pymt Date Days Late pymt Type Rate Amt Due 02/07/2008 02/03/2008 PMT 10% 196.48 Total Penalty: Penalty 19.65 19.65 What Are My Federal Tax Deposit Requirements? For deposit requirements see Publication J 5, Circular E. You can obtain a copy of Pub. 15 on the IRS web site at www.irs.gov,orhycalling J-800-TAX-FORM (1-800-829-3676). How Do I Make Federal Tax Deposits'! You can make deposits through the Electronic Federal Tax Payment System using a cotnputer or a telephone. You may also use a Form 8109, Federal Tax Depo.\'U (,'oupon as an alternative. What Happens if I Make Late Federal Tax Deposits in the Future? If you make a late deposit, we will charge you a penalty based on the number of days the deposit is late (Internal Revenue Code 6656). D......."" I Mr. Tunberg, This is my written request that the city of Ashland not penalize Senor Sam's $700.00 for being two days late in paying the meals tax. I feel the penalty very much out weighs the crime and I feel the city of Ashland might consider, instead of an automatic 100,4 late fee, a fair interest rate times the number of days late. I'm not sure exactly how many years we've been forced to collect this money for the city of Ashland butrve never been late or Was aware it was an automatic J 00,4 penalty for being even 1 day late. I was out of town and left checks with my manager to be given out on or before the 30th. When I returned, I found the meals tax check slid under some other paper work and promptly brought it to you without any idea that the city of Ashland would suggest that I owe them this kind of money for an honest oversight~ I am hurt and angered that the city I chose to live and do business in would try to profit so greatly from a local business person! It makes me question my decision for moving here! I could understand if you were a credit card company that I chose to do business VJith and you made considerable profit off of people being late. I only hope and pray that the city of Ashland doesn't think that way. I estimate my restaurant bas generated between $200,000..$300,000 for the city of Ashland and should be treated with respect and not like a criminal! I want to go on record saying I support the parks and water treatment improvements that this money goes toward, however in a state where the economy is based on no sales tax to single out local restaurants and businesses that sell food and beverages borders on unconstitutional in my mind No telling how much money we"ve Jost having to impose this tax ,on our customers. Who by the way are mostly students, seniors and locals, not tourists. Many customers have told me, out of principle, they choose to eat outside the city limits and not pay your meals tax. The people I really feel for are the businesses really struggling and come up short when it's time to pay the meals tax. They shouldn't be kicked when they're do~ especially with this economy. 5/12/08 I awecimeYomoomidenu\=ng~~~ Jim Gilbert: Owner "'Senor SanlS of Ashland'" Restaurant: Senor Sams Customer no. 005189 Period: March atr 2008 Summary For: Payments Tax 03--31 ~08 $ 7,641.70 04-3()"()8 05~02-O8 (7,641.70) (6.877.53) Total Due $ (7,641.70) $ 764.17 $ Interest Penalties Total Comments $ 7,641.70 Rec'd report and partial pmt 5-2-08 764.17 764.17 1st penalty (764.17) (7,641.70) check#6338 $ $ 764.17 I t54 () '3:;1 tj"-1 3\t1\ PREPARED FOOD & BEVERAGE TAX RETURN - CONFIDENTIAL <=tlloo-t r., Finance Department 20 East Main Street Ashland, Oregon 97520 Tel: 541-488-6004 Fax: 541-552-2059 TTY: 800-735-2900 ~ c~ ot.~,n f', ? l\\~~ ~~( \ j- ~~~r Number p..S~ o C '1 ..}"t. License Number ~r\VJ ~. ... CITY OF ASHLAND SENOR SAMS OF ASHLAND 1634 ASHLAND ST ASHLAND, OR 97520 005189 FB-000102 Tax computation for the period: 1. Taxable Gross Sales 01-01-08 to 03-31-08 Due: 04-30-2008 2. Tax (5% of line 1) 3. Operator Administration (5% of line 2) 4. Current Tax Due (Line 2 minus line 3) 5. Tax Overpayment - Prior Period 6. Tax Underpayment - Prior Period 7. Penalties for late payment (10% of line 4) 8. Interest for late payment (1% of Tax per month) 9. Total Amount Due (Add lines 4,6, 7, and 8, minus line 5) Please answer the following questions : 10. What is the seating capacity of your establishment? 11. How many full-time equivalent employees did you have during this period? {3 To the best of my knowledge and belief, I declare that the information supplied by me herein is correct and true. SIG~~ \}~ ~~?i -~ a-6 l PHONE NUMBER ~ ~S. ~)c9/o6 DATE I TITLE NOTICE: FAILURE OF AN OPERATOR TO COMPLY WITH THE REQUIREMENTS OF THE FOOD AND BEVERAGE TAX ORDINANCE. INCLUDING BUT NOT LIMITED TO FAILURE TO FILE A RETURN. FAILURE TO REMIT THE TAX WHEN DUE AND FILING A FALSE RETURN. IS PUNISHABLE BY A FINE OF UP TO $500 PER OFFENSE. PER DAY. AMC 4.34.120 (F&B). RETURNS ARE DUE AND PAYABLE AND ARE TO BE RECEIVED AT THE CITY HALL BY THE LAST DAY OF THE MONTH, FOLLOWING THE END OF EACH REPORTING PERIOD. PENALTIES AND INTEREST ARE APPLICABLE AS OF THE FIRST DAY OF THE FOLLOWING MONTH. AMOUNTS 30 DAYS PAST DUE CAN BE TURNED OVER TO A COLLECTION AGENCY AND ARE SUBJECT TO ADDITIONAL FEES. SECTIONs: 4.34.010 4.34.020 4.34.030 4.34.040 4.34.050 4.34.060 4.34.070 4.34.080 4.34.090 4.34.100 4.34.110 4.34.120 4.34.130 4.34.140 4.34.150 4.34.160 CHAPTER 4.34 FOOD AND BEVERAGE TAX Definitions. Tax Imposed. Exemptions. Operator's Duties. Reporting and remitting. Penalties and Interest. Failure to Collect and Report Tax--Determination of Tax by Director. Appeal. Records. Refunds. Actions to Collect. Violations- Infractions. Confidentiality . Examining Books, Records, or Persons. Special Account. Termination of tax. (Referred to voters by Resolution No. 93-02 for 3/23/93 election) (Approved by the voters. YES 3658~ NO 2980) (Effective July l. 1993) SECTION 4.34.010 Definitions. The following words and phrases whenever used in this chapter shall be construed as defined in this section unless from the context a different meaning is intended. A. "Caterer" means a person who prepares food at a business site, for compensntion, for consumption off the business premises but within the corporate limits of the city. B. "Combination facility" has the same meaning as defined in Oregon Administrative Rule 333-150- 000(8) which the State of Oregon Department of Agriculture licenses or inspects und(~r Oregon Administrative Rule 333-158-000. C. "Director" means the Director of Finance of the City of Ashland, or designee. D. "Food" includes all meals and beverages, excluding alcoholic beverages, served in a restaurant including "takeout", "to go" or delivered orders. E. "Open Space Park Program" and "Open Space lands or easements" have the same meaning as used in Article XIX A of the Ashland City Charter. F. "Operator" means the person who is proprietor of the restaurant, whether in the cupacity of owner, lessee, sublessee, mortgagee in possession, licensee or any other capacity. Where the operator is a corporation, the term operator shall also include each and every member of the Board of Directors of such corporation for the time involved. G. "Restaurant" means any establishment required to be licensed as a restaurant, mobile unit or pushcart by the State of Oregon Health Division and includes any establishment where food or beverage is prepared for consumption by the public or any establishment where the public obtains food or beverage so prepared in form or quantity consumable then and there, whether or not it is consumed within the confines of the premises where prepared, and also includes establishments which prepare food or beverage in consumable form for service outside the premises where prepared. The term restaurant also includes establishments where such food or beverage is prepared in a combination facility. The term restaurant does not include a restaurant licensed by the State of Oregon Health Division as a limited service restaurant. (Ord. 2716, S 1, 1993) SECTION 4.34.020 Tax Imposed. A. The city imposes and levies, in addition to all other taxes, fees and charges of every kind, a tax upon: I. All food and beverages sold by restaurants located within the city to the public, except for whole cakes, pies, and loaves of bread if purchased for consumption off premises, and for alcoholic beverages; 2. All food and beverages, except alcoholic beverages, sold by a caterer for an event located within the city; and 3. The following items sold by combination facilities: a. Salads from salad bars; b. Dispensed soft drinks and coffee; and c. Sandwiches or hot prepared foods ready for immediate consumption. d. The following items, including toppings or additions, scooped or otherwise placed into a cone, bowl or other container for immediate consumption whether or not they are consumed within the confines of the premises where scooped or placed: Any frozen dessert regulated by the Oregon State Department of Agriculture under ORS 621.311 and any ice cream, ice milk, sherbet or frozen yogurt. No tax shall be imposed under this subsection, however, on any item whose volume exceeds one-half gallon or more. (Ord. 2720, 1993) e. Any other food mixed, cooked or processed on the premises in form or quantity for immediate consumption whether or not it is consumed within the confines of the premises where prepared. (Ord. 2716, S2, 1993) 4. The following items sold by combination facilities that are bakeries: a. All those items listed in Section 4.34.020.A.3.a-d; b. All bakery products sold for consumption on the premises; and c. All "takeout" or "to go" orders of bakery products prepared on the premises except for whole cakes, pies, and loaves of bread and any order consisting of six or more bakery products. (Ord. 2716 S3, 1993; 2720, 1993) B. Such tax shall be imposed at a rate of one percent on the total amount charged by the seller for the food and beverages, or for the meal. In the computation of this tax any fraction of one-half cent or more shall be treated as one cent. (Ord. 2716 S4, 1993) C. All taxes collected by the city under this chapter shall be paid into the Open Space Park Account. Such taxes shall be used for the acquisition of Open Space lands or easements and for such other purposes pertinent to the Open Space Park Program as the Council and Park Commission may jointly determine. D. The council may increase the rate of the tax described in subsection 4.34.020.A up to a maximum of five percent after a public hearing. Notice of the hearing shall be given by publication in a newspaper of general circulation in the City at least 10 days prior to the date of the public hearing. Notwithstanding subsection 4.34.020.C, taxes collected by the City as a result of any increased rate under this subsection shall be used for the purpose of researching, designing and constructing State of Oregon mandated sewage treatment methods. which may include, but not be limited to, wetlands. SECTION 4.34.030 Exemptions. The tax levied by Section 4.34.020 shall not be collected or assessed on food or beverages: A. Sold by public or private schools or colleges, except that food sold by independent contractor operators at such schools or colleges shall be subject to the tax imposed by this chapter; B. Provided by hospitals; C. Provided by bed and breakfast establishments to their guests. D. Sold in vending machines; E. Sold in temporary restaurants including food stands, booths, street concessions and similar type operations, operated by non-profit organizations or service clubs. F. Served in connection with overnight or residential facilities--including, but not limited to, convalescent homes, nursing homes, retirement homes and motels--if the food and beverage are' provided as part of the cost of sleeping accommodations. G. Provided by nonprofit tax-exempt organizations to citizens over 60 years of age as a part of a recognized senior citizen nutritional program. H. Sold for resale to the public. I. Sold in bulk to the public for non-immediate consumption off the premises such as ice cream packed in a container of one-half gallon or more. J. Which are candy, popcorn, nuts, chips, gum or other confections but not including ice cream, frozen yogurt, cakes, pies or other desserts. K. Sold after July 1, t 993, but before December 31, 1993, pursuant to a contract for the sale of such food or beverages signed and delivered to the operator prior to May 4. 1993, provided that a copy of such contract is retained by the operator for review by the director upon request. (Ord. 2716 S5, 1993) SECTION 4.34.040 Operator's Duties. Each operator shall collect the tax imposed by this chapter, to the same extent and at the same time as the amount for the food or beverage is collected from every purchaser. The amount of tax need not be separately stated from the amount of the food or beverage. Every operator required to collect the tax imposed in this chapter shall be entitled to retain five percent of all taxes collected to defray the costs of collections and remittance. (Ord. 27 t 6 S6. 1993) SECTION 4.34.050 Reporting and remitting. On or after July I, t 993, every operator shall, on or before the last day of the month following the end of each calendar quarter (in the months of April, July, October and January), make a return to the director, on forms provided by the City, specifying the total sales subject to this chapter and the amount of tax collected under this chapter. At the time the return is fi'led, the full amount of the tax collected shall be remitted to the director. A return shall not be considered filed until it is actually received by the director. Payments received by the director for application against existing liabilities will be credited toward the period designated by the taxpayer under conditions which are not prejudicial to the interest of the City. A condition which is considered prejudicial is the imminent expiration of the statute of limitations for a period or periods. Nondesignated payments shall be applied in the order of the oldest liability first, with the payment credited first toward any accrued penalty, then to interest, then to the underlying tax until the payment is exhausted. Crediting of a payment toward a specific reporting period will be first applied against any accrued penalty, then to interest, then to the underlying tax. The director, when in the director's discretion determines that it will be in the best interest of the City, may specify that 8i different order of payment credit should be followed with regard to a particular tax or factual situation. The director may establish shorter reporting periods for any operator if the director deems it necessary in order to insure collection of the tax and the director may require further information in the return relevant to payment of the liability. When a shorter return period is required, penalties and interest: shall be computed according to the shorter return period. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by operators pursuant to this chapter shall be held in trust for the account of the City until payment is made to the director. A separate trust bank account is not required in order to comply with this provision. (Ord 2885, Amended, 08/06/2002; Ord 2903,01/06/04) The amendments to Section 4.34.050 shall be considered effective as of January I, 2003. Any operator which may be entitled to a refund or a credit for penalties assessed and paid due to the application of payments pursuant to AMC Section 4.34.050 as it existed prior to enactment of this ordinance, but after January I, 2003, must file a written claim within 30 days from the effective date of this ordinance for a refund of such penalties with the director. Upon receipt of a written claim for refund of penalties assessed, the director will, within 30 calendar days, make a determination as to whether any refund is due. In the event a refund is due, an operator may claim a refund, or take as credit against taxes collected and remitted, the amount overpaid, paid more than once or erroneously or illegally collected 01' received in a manner prescribed by the director. The operator shall notify director of the operator's choice no later than 15 days following the date director mailed the determination. In the event the operator has not notified the director of the operator's choice within the 15 day period and the operator is still in business, a credit will be granted against the tax liability for the next reporting period, if the operator is no longer in business, a refund check will be mailed to claimant at the address provided in the claim form. Any operator who fails to file a claim for refund as set forth in this subsection shall be deemed to have waived any entitlement to refund of overpayment of penalties. (Ord 2903. Amended. 01/06/2004; Ord 2885. Amended. 08/0612002) SECTION 4.34.060 Penalties and Interest. A. Any operator who fails to remit any portion of any tax imposed by this chapter within the time required, shall pay a penalty of ten percent of the amount of the tax, in addition to the amount of the tax. B. Any operator who fails to remit any delinquent remittance on or before a period of 60 days following the date on which the remittance first became delinquent, shall pay a second delinquency penalty of ten percent of the amount of the tax in addition to the amount of the tax and the penalty first imposed. C. If the director determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty of 25% percent of the amount of the tax shall be added thereto in addition to the penalties stated in subparagraphs A and B of this section. D. 'In addition to the penalties imposed, any operator who fails to remit any tax imposed by this chapter shall pay interest at the rate of one percent per month or fraction thereof on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid. E. Every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the tax. required to be paid. (Revised June 1993) F. Notwithstanding subsection 4.34.020.C, all sums collected pursuant to the penalty provisions in paragraphs At Band C of this section shall be distributed to the City of Ashland Central Service Fund to offset the costs of auditing and enforcement of this tax. (Ord 2903. Amended, 01106/2004; Ord 2885. Amended. 08/06/2002) SECTION 4.34.070 Failure to Collect and Report Tax-Determination of Tax by Director. If any operator should fail to make, within the time provided in this chapter, any report of the tax. required by this chapter, the director shall proceed in such manner as deemed best to obtain facts and information on which to base the estimate of tax due. As soon as the director shall procure such facts and information as is able to be obtained, upon which to base the assessment of any tax imposed by this chapter and payable by any operator, the director shall proceed to determine and assess against such operator the taxt interest and penalties provided for by this chapter. In case such determination is madet the director shall give a notice of the amount so assessed by having it served personally or by depositing it in the United States mail, postage prepaid, addressed to the operator so assessed at the last known place of address. Such operator may make an appeal of such determination as provided in section 4.34.080. If no appeal is filedt the director's determination is final and the amount thereby is immediately due and payable. (Ord 2885. Amended, 08/06/2002) SECTION 4.34.080 Appeal. Any operator aggrieved by any decision of the director with respect to the amount of such tax't interest and penalties, if any, may appeal to the city council by filing a notice of appeal with the city administrator within 30 days of the serving or mailing of the determination of tax due. The council shall fix a time and place for hearing such appeal, and the city administrator shall give five days written notice of the time and place of hearing to such operator at the last known place of address. The council shall hear and consider any records and evidence presented bearing upon the director's determination of amount due, and make findings affirming, reversing or modifying the determination. The findings of the council shall be final and conclusive, and shall be served upon the appellant in the manner prescribed above for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of notice. (Ord 2885. Amended, 08/06/2002) SECTION 4.34.090 Records. It shall be the duty of every operator liable for the collection and payment to the city of any tax imposed by this chapter to keep and preserve, for a period of three years, all such records as may be necessary to determine the amount of such tax. The director shall have the right to inspect all records at all reasonable times. SECTION 4~34.100 Refunds. A. Whenever the amount of any tax, interest or penalty has been overpaid or paid more than oncet or has , been erroneously or illegally collected or received by the city under this chapter, it may be refunded as provided in subparagraph B of this section, provided a claim in writing, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the director within one year of the date of payment. The claim shall be on forms furnished by the director. B. The director shall have 20 calendar days from the date of receipt of a claim to review the claim and make a determination in writing as to the validity of the claim. The director shall notify the claimant in writing of the director's determination. Such notice shall be mailed to the address provided by claimant on the claim form. In the event a claim is determined by the director to be a valid claim, an operator may claim a refund, or take as credit against taxes collected and remitted, the amount overpaid, paid more than once or erroneously or illegally collected or received in a manner prescribed by the director. The operator shall notify director of claimant's choice no later than 15 days following the date director mailed the determination. In the event claimant has not notified the director of claimant's choice within the 15 day period and the operator is still in business, a credit will be granted against the tax liability for the next reporting period, if the operator is no longer in business, a refund check will be mailed to claimant at the address provided in the claim foml. C. No refund shall be paid under the provisions of this section unless the claimant established the right by written records showing entitlement to such refund and the director acknowledged the validity of the claim. (Ord 2903, Amended, 01/06/2004) SECTION 4.34.110 Actions to Collect. Any tax required to be paid by any operator under the provisions of this chapter shall be deemed a debt owed by the operator to the city. Any such tax collected by an operator which has not been paid to the city shall be deemed a debt owed by the operator to the city. Any person owing money to the c:ity under the provisions of this chapter shall be liable to an action brought in the name of the City Of Ashland for the recovery of such amount. In lieu of filing an action for the recovery, the City of Ashland, when taxes due are more than 30 days delinquent, can submit any outstanding tax to a collection agency. So long as the City of Ashland has complied with the provisions set forth in ORS 697.105, in the event the City turns over a delinquent tax account to a collection agency, it may add to the amount owing an amount equal to the collection agency fees, not to exceed the greater of fifty dollars or fifty percent of the outstanding tax, penalties and interest owning. (Ord 2931, Amended, 09/1912006; Ord 2885. Amended, 08/06/2(02) SECTION 4.34.120 Violations--Infractions. Any operator or other person who fails or refuses to comply as required herein, or to furnish any return required to be made, or fails or refuses to furnish a supplemental return or other data required by the director, or who renders a false or fraudulent return or claim, or who fails, refuses or neglects to remit the tax to the city by the due date, is guilty of an infraction and shall be punished as set forth in section 1.08.020 of the Ashland Municipal Code. (Ord 2885, Amended. 08/06/2002) SECTION 4.34.130 Confidentiality. Except as otherwise required by law, it shall be unlawful for the city, any officer, employee or agent to divulge, release or make known in any manner any financial information submitted or disclosed to the city under the terms of this chapter. Nothing in this section shall prohibit: A. The disclosure of the names and addresses of any person who are operating a restaurant; or B. The disclosure of general statistics in a fonn which would prevent the identification of financial information regarding an individual operator; or C. Presentation of evidence to the court, or other tribunal having jurisdiction in the prosecution of a claim by the director or an appeal from the director for amount due the city under this chapter. (Ord 2885, Amended, 08/0612002) SECTION 4.34.140 Examining Books, Records, or Persons. The city, for the purpose of determining the correctness of any tax return, or for the purpose of an estimate of taxes due, may examine or may cause to be examined by an agent or representative designated by it for that purpose, any books, papers, records, or memoranda, including copies of operator's state and federal income tax return, bearing upon the matter of the operator's tax return. (Ord 2885, Amended, 08/06/2002) SECTION 4.34.150 Special Account. (Ord 2901, Repealed, 01/(6/2004) SECTION 4.34.160 Termination of tax. This chapter shall expire on December 31, 20 I 0, unless extended by a vote of the electorate. (Ord. 2707-E, 1993; Ord. 2716, 1993; Ord. 2720,1993) Chapter 1.08 GENERAL PENALTY Sections: 1.08.010 GENERAL PENAL TV - Penalty imposed. 1.08.020 GENERAL PENAL TV - Infractions. Section 1.08.010 GENERAL PENAL TV - Penalty imposed. Unless otherwise specifically provided, any person violating any provisions or failing to comply with any of the mandatory requirements of this code is guilty of a misdemeanor. Any person convicted of a misdemeanor under this code shall be punished by a fine of not more than five hundred dollars ($500.00), or by imprisonment not to exceed sixty (60) days, or by both such fine and imprisonment. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of this code is committed, continued or permitted by any such person, and shall be punished accordingly. (Ord. 1810 (part), 1974) Section 1.08.020 GENERAL PENAL TV - Infractions. A person who commits an infraction by violating designated provisions of the Ashland Municipal Code shall not suffer any disability or legal disadvantage based upon conviction of crime. The penalty for committing an infraction shall be a fine not to exceed $500; however, each and every day during any portion of which any infraction is committed, continued or permitted by any such person, is a separate violation subject to a separate fine of $500.00 and such person shall be punished accordingly. The trial of any infraction shall be by the Court without a jury. The City of Ashland shall have the burden of proving the infraction by a preponderance of the evidence and the Defendant may not be required to be a witness in the trial of such infraction. At any trial involving an infraction, the City Attorney shall not appear unless the Defendant is represented by an attorney. Further, at any such trial, defense counsel shall not be provided at public expense. (Ord. 1934, S I, 1977; Ord. 2233, 1983) CITY OF ASHLAND June 23, 2008 Jim Gilbert 1634 Ashland Street Ashland, OR 97520 NOTICE OF HEARING - July 1, 2008 Dear Mr. Gilbert: This letter is to notify you that the Ashland City Council will hold a hearing on your appeal of the penalty applied to your Food and Beverage Tax late payment at its regular meeting on July 1, 2008. This meeting will be held at 7:00 p.m. in the City Council Chambers at 1175 East Main Street in Ashland. From our telephone conversation on June 6, 2008 and from the letter you sent to follow up, I understand you wilt not attend the hearing in person. I will send you a copy of the Council Communication, which will include staff's recommendation to the City Council, later this week. After your review of that staff report, you are welcome to call me to discuss any concerns. At the hearing, staff will present your appeal, background information, and options for the Council's consideration. The City Council will then deliberate and decide on the appeal. We will send you a fonnalletter notifying you of its decision after the hearing. If you have any questions, please call me at 552-2103. City Administrator c. Lee Tuneberg, Administrative Services Director Richard Appicello, City Attorney ADMINISTRATION DEPARTMENT 20 East MaIn Street Ashland. Oregon 97520 www.aahland.or.u5 phone: 541"'88-6002 fax; 541-488-5311 tty: 800-135-2900 ,~, t).. 1~ 'O,,-COfUU_' Con,.", CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Resolution Changing the Duties and Responsibilities of the Municipal Audit Committee and Repealing Resolution 2003-07 July 1, 2008 Primary Staff Contact: Lee Tuneberg Administrative Services E-Mail: tuneberl@ashland.or.us None Secondary Contact: None Martha Benne Estimated Time: 15 minutes Question: Should Council make changes in the duties and responsibilities of the Municipal Audit Committee? This item was held over from the June 17,2008 meeting. Staff Recommendation: Staff recommends Council approve the attached resolution. Background: In 2003 Council approved changes to the Committee's compensation and voting responsibilities. Since then changes in audit standards and internal operations have warranted an update to the resolution, changing what positions can vote on issues and clarifying City Council's expectations for the committee. This issue was discussed at a Council Study Session on May 19th and the attached resolution was modified in keeping with that discussion to address questions about the appointment process. Related City Policies: Financial Management Policies Council Options: a. Choose to keep the Audit Committee in place as defined by Resolution 2003-07. b. Modify Audit Committee responsibilities and/or voting authority. Potential Motions: I make a motion to change the duties and responsibilities of the Audit committee per the attached resolution (as amended through discussion if necessary). Attachments: Draft resolution Resolution 2003-07 Council Communication dated May 19, 2008 Page 1 of 1 070108 Audit Committee Responsibilities.CC.doc r~., RESOLUTION NO. A RESOLUTION CLARIFYING THE DUTIES AND RESPONSIBiliTIES OF THE MUNICIPAL AUDIT COMMITTEE AND MAKING THE CITY RECORDER AN EX OFFICIO MEMBER AND REPEALING RESOLUTION NO. 2003-07. RECITALS: A. The role and responsibilities of the Municipal Audit Committee were established in June 1991 pursuant to Resolution 91-16:The committee was re-established in 1995 with modified objectives and responsibilities as set forth in Resolution 95-24, 98-06 and 2003-07. Recent changes in audit requirements and internal operations create a need to adjust the responsibilities of the committee and its members. B. The city council desires to reaffirm the expectations and composition of the committee, making the city recorder a non-voting member and allowing the mayor to serve as a voting member. THE CITY OF ASHLAND RESOLVES AS FOllOWS: SECTION 1. Committee Established. The Municipal Audit Committee is established and shall consist of four voting members. The committee may request the presence of any city official at its meetings. SECTION 2. Terms. Qualifications. Vacancies. A. Four voting members shall be appointed by the Mayor and approved by City Council and shall consist of one council member or mayor, one - buageT committee member, and two citizens at large. The fifth member shall be the city recorder, a non-voting member. The terms of the council member or mayor and budget committee member shall be for one year each expiring on April 30 of each year; and the terms for the citizens at large shall be for three-year terms, expiring on April 30, or until their respective successors are appointed and qualified. In such a case as both at large positions are filled simultaneously the terms shall be staggered for two and three years. \.~/' B. In making the appointments, the ~hall give preference to persons with accounting or auditing experience, background or expertise. C. Any committee memb~r, other than the city recorder, who is absent, without prior permission from the chair, from two or more meetings in a one-year period shall be considered no longer active and the position vacant, and a new person shall be appointed to complete the term. SECTION 3. Quorum and Rules. Three voting members shall constitute a quorum. The committee shall establish rules for its meetings and shall meet at least semi-annually (once prior to the onsite audit and once to receive the annual report) and at such other times as may be necessary. SECTION 4. Responsibilities. The committee shall be responsible to: A. Recommend to the council an independent firm of certified public accountants, qualified to perform the annual audit of the city. B. Analyze and report to the council significant findings in the annual audit report and make recommendations regarding such findings. C. Make recommendations, if any, to the council regarding the following financial documents: 1. Annual financial statements, 2. Management letter submitted by the independent auditor, 3. Response to management letter submitted by city staff, and 4. Financial Management Policies. D. Review component unit information as necessary in relation to the city's annual financial report and recommendation(s) to be made to council. E. Perform similar duties for the Ashland Parks and Recreation Commission as authorized by the Commission. SECTION 5. Reports. The committee shall submit copies of minutes of its meetings to the council. Reports or recommendations of the committee shall be considered advisory in nature and shall not be binding on the mayor or city council or Parks Commission. SECTION 6. Repeal. Resolution No. 2003-07 is repealed. This resolution was duly PASSED and ADOPTED this _ day of , 2008, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ,2008. John W. Morrison, Mayor Reviewed as to form: Richard Appicello, City Attorney RESOLUTION NO. CJ.COs -07 A RESOLUTION CHANGING THE COMPOSITION OF THE MUNICIPAL AUDIT COMMITTEE BY MAKING THE CITY RECORDER A VOTING MEMBER, ALLOWING THE MAYOR AS AN ALTERNATIVE FOR A COUNCIL MEMBER AND REPEALING RESOLUTION NO. 98-06. RECITALS: A. The role and responsibilities of the Municipal Audit Committee were established in June 1991 pursuant to Resolution 91-16. The committee was re-established in 1995 with modified objectives and responsibilities as set forth in Resolution 95-24 and 98-06. B. The city council desires to modify the composition of the committee by making the city recorder a voting member and allowing the mayor to serve as a voting member. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Committee Established. The Municipal Audit Committee is established and shall consist of five voting members. The committee may request the presence of any city official at its meetings. SECTION-:b-Terms. Qualifieations.VacanGies-:--.---_ . ~~ . Four voting members sh_allbe~inted by the city counc1fiii3J shall consist of one council member or mayor, --'onebudget committee m~r, and two citizens al1arge:1lienfth voting member shall be the City Recorder. The terms of the council member or mayor and budget committee member shall be for one-year each expiring on April 30 of each year; and the terms for the citizens at large shall be for three-year terms, expiring on April 30. or until their respective successors are appointed and qualified; provided that in the first instance the terms of the initial citizen- at-large members shall be staggered for two and three years. B. In making the appointments, the council shall give preference to persons with accounting or auditing experience, background or expertise. C. Any committee member, other than the city recorder, who is absent, without prior permission from the committee chair, from two or more meetings in a one-year period shall be considered no longer active and the position vacant, and a new person shall be appointed to complete the term. SECTION 3. Quorum and Rules. Three voting members shall constitute a quorum. The committee shall establish rules for its meetings and shall meet at least semi- annually and at such other times as may be necessary. SECTION 4. ResDonsibilities. The committee shall be responsible to: A. Recommend to the council an independent firm of certified public accountants to perform the annual audit of the city. B. Analyze and report to the council significant findings in the annual audit report and make recommendations regarding such findings. c. Make recommendations, if any, to the council regarding the following financial documents: I . Annual financial statements, 2. Management letter submitted by the independent auditor, and 3. Response to management letter submitted by city staff. SECTION 5. Reports. The committee shall submit copies of minutes of its meetings to the council. Reports or recommendations of the committee shall be considered advisory in nature and shall not be binding on the mayor or city council. "..... , -- - SECTION 6. ReDeal. Resolution No. 98-06 is repealed. This resolution was read pille only in accor~ With.-1land Municipal Code 9 2.04.090 duly PASSED and ADOP D this day of ~ ,2003. SIGNED and APPROVED this 'J day of ffilA,(W, 2003. ~~./?' Alan DeBoer, Mayor ~~ Paul Nolte, City Attorney CITY OF ASHLAND Council Communication Study Session - Discussion of Internal Issues Raised by the Audit Report Meeting Date: May 19, 2008 Primary Staff Contact: Lee Tuneberg Department: Administrative Services E-Mail: tuneberl@ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Martha Bennett Estimated Time: 45 minutes Question: Should Council make changes in the use of the Municipal Audit Committee, Financial Management Policies and/or internal controls consistent with the auditor comments and staff recommendations? Staff Recommendation: Staff recommends Council consider the information presented and: 1. Take steps to affirm or revise Resolution 2003-07, and 2. Identify the City representative that will routinely communicate with the auditor regarding scope and timing of work as well as negotiate and sign off on representations for the City. 3. Schedule an additional study session to discuss the Financial Management Policies and progress on internal controls. 4. Request that the Ashland Parks and Recreation Commission decide similar issues for their district. Background: Staff submitted the financial report, Audit Committee recommendation and supporting information to Council on November 20, 2007. The packet is attached omitting another copy of the comprehensive annual financial report (CAFR). The CAFR is available online. As staff explained last November, even though the FY 2006-2007 audit went well, there are important issues to be resolved by the City and the Parks Commission for subsequent reviews to be as successful. Staffhas worked on operational issues and Council action is needed to resolve the higher level, policy questions. The important audit concepts in this and future reviews are: A. Communicating Internal Audit Control Related Matters Identified in an Audit - Statement of Auditing Standards No. 112 (SAS 112) B. The Auditor's Communication with Those Charged with Governance - Statement of Auditing Standards No. 114 (SAS 114) C. The Risk Assessment Suite - Statements of Auditing Standards No. 104 - III (SAS 104-111) To meet all of these new requirements, the City Council and P&R Commission must clarify the governing board's expectations for the audit, management's role and desired communication protocol for the auditor. Page 1 of5 070108 Audit Committee Responsibilites.atch3.doc ri.' CITY OF ASHLAND Last year's management letters from the auditor to the City and Parks explained the first standard (SAS 112) is an existing requirement and the second (SAS 114) and third (SAS 104-111) standards will be applicable in future years. Discussion between the auditor, committee and staff revealed that these "new" standards are partly due to changes in accounting and auditing standards initiated by legislation such as the Sarbanes-Oxley laws which respond to accounting cases like the Enron scandals. These changes tighten the rules which should result in better accounting practices safeguarding municipal assets. One result of these new standards is the potential for more comments from the auditor in the annual review and need for more work by accounting staff to avoid or to "clear" comments made by the auditor. All departments of the two agencies will be impacted by these requirements, especially Administrative Services/Finance and the City Recorder's office. A. Communicating Internal Control Related Matters Identified in an Audit: This occurs when a required internal control is insufficient enough to cause the auditor to communicate the deficiency to someone in authority. Secondary is how and to whom the auditor communicates. Auditors have reviewed internal controls for many years and reported upon them in the management letter. For example, the previous management letter from the auditor to the City (FY 200S-2006's audit) included two new comments and three that were unresolved from the prior year. A copy of staff s responses to this report and the current report are attached and online. Please note: No reportable conditions existedfor the Parks Commission for FY 2005-2006. Any th ing from the prior years had been cleared by the Parks and City's accounting staff. In prior years the auditors examined items they felt necessary to render an opinion and reported as appropriate. SAS 112 requires reviewing specific items including written procedures and policies. verifying conformance. SAS 112 also prohibits the auditor from using the past practice of relying on observed controls, even if the observation confirmed enhanced internal controls beyond what was or wasn't written. Action being taken: Administrative Services, City Recorder and Information Technology staff are writing and updating internal controls in all identified areas to better satisfy this audit comment. However, it is likely that this comment will not be fully cleared for FY 2007-2008. New comments, and those not cleared from prior years, will be reported to the City via the Management Letter from the auditor. B. The Auditor's Communication with Those Charged with Governance: Today there is no clear direction for the auditor to follow regarding (a) when to communicate with Mayor and Council and the City Administrator and (b) what authority the Committee has, if any, over the Parks & Recreation audit and financial report. The structure of the Audit Committee also raises questions for the City itself. The City of Ashland has been progressive by using an Audit Committee since 1991. Few other Oregon communities do this. The charge to the committee per Resolution 2003-07 is to: Page 2 of5 070108 Audit Committee Responsibilites.atch3.doc r~' CITY OF ASHLAND . Recommend to Council an independent firm of certified public accountants to perform the annual audit of the city. . Analyze and report to the Council significant findings in the annual audit report and make recommendations regarding such findings. . Make recommendation, if any, to the council regarding the following financial documents: annual financial statements, management letter submitted by the independent auditor, and response to management letter submitted by city staff. The heightened requirements of SAS 112 require Council to review what authority is delegated to the committee in dealing with internal control problem resolution. SAS 114 guides the auditor on matters to be communicated openly and candidly to those charged with governance. Conversely, SAS 114 requires that the City spell out to whom the auditor must communicate (regardless of any particular issue). In his comments, the auditor wrote that SAS 114 goes beyond SAS 61 - Communicating with Audit Committees in that it: . Describes the principal purposes of communication with those charged with governance and stresses the importance of effective two-way communication. . Requires the auditor to determine the appropriate person(s) in the entity's governance structure with whom to communicate particular matters. That person may vary depending on the nature of the matter to be communicated. . Recognizes the diversity in governance structures among entities (including the existence of audit committees or other subgroups charged with governance) and encourages the use of professional judgment in deciding with whom to communicate particular matters. . Recognizes the unique considerations for communicating with those charged with governance when all of those charged with governance are involved in managing the entity, which may be the case with some small entities. · Adds requirements to communicate: . An overview of the planned scope and timing of the audit. . Representations the auditor is requesting from management. . Provides additional guidance on the communication process, including the forms and timing of communication. Significant findings from the audit should be in writing when, in the auditor's profession judgment; oral communication would not be adequate. Other communications may be oral or in writing, . Requires the auditor to evaluate the adequacy of the two-way communication between the auditor and those charged with governance. . Establishes a requirement to document required communications with those charged with governance. Resolution 2003-07 changed voting authority on the Committee to permit all five members (Mayor or Council member, City Recorder, appointed member from the budget committee and two citizens at large) to vote while keeping reports and recommendations from the committee as advisory in nature. This change, plus the duties identified for the City Recorder in the Charter, plus the introduction of more cash handling as part of passport services and the new standards, prompted the auditor to include the following in the latest management report: In order to be in compliance with these new auditing standards the auditors and the City Council needs to evaluate the audit oversight committee for any issues that may come up. The City has a unique Page 3 of5 070108 Audit Committee Responsibilites.atch3.doc rA' CITY OF ASHLAND situation in that the City Recorder is an elected official, a voting member of the audit committee as well as part of accounting process at the City. We recommend that the Council discuss this issue and re- affirm their position on whether or not the City Recorder be a voting member on the audit committee. We believe that as long as the City Council understands the unique nature of the City Recorder's position that whatever decision is made will be acceptable. City Recorder participation on the Committee is not in question. The above indicates that Council could reaffirm the existing Resolution 2003-07, not making any changes, and the auditor would use his best judgment for when to bypass the committee because of its structure and the nature of the issue. Because of the "unique" condition identified by the auditor, staff believes Council should review.this issue. As a member of the Committee the City Recorder participates in the discussion of the audit, accounting standards, internal controls and the management letter and votes on acceptance and recommendations to Council. Issues may include cash and investment management, internal controls, records management, budget and financial reporting compliance. Most of these relate to the duties of the City Recorder office in that the City Recorder is also the City's treasurer, manages cash and investments, oversees banking services, is the primary check signer and provides services that require receipting cash. Internal controls compliance will be challenging with that many levels of participation. V oting on audit issues may create a conflict. Action needed: Council should review this information and decide: 1. What changes, if any, Council wants for the Audit Committee, and 2. What direction is to be given to the auditor for communicating with Mayor and Council, the Audit Committee and the City Administrator. The primary contact outside of the scope identified in Resolution 2003-07 could be the City Administrator. Finally, as part of Communications is the role the City's Audit Committee plays with the Ashland Parks and Recreation Commission (APRC). Interaction between the Committee, the district and the City has varied over years. APRC is a component unit of the City thus the Parks annual financial report is a part of the City's. APRC's compliance with required accounting standards can affect the City's conformance to generally accepted accounting principles (GAAP). However, there is no clear direction in writing from either agency as to the authority delegated to the audit committee, expectations relating to scope of the audit or required communication after the review with the Commission, Councilor Parks Director. The Board of Commissioners, as the body responsible for governance of the district, will need to address these issues to provide the auditor with clear direction. Action needed: None by Mayor and Council beyond recommending resolution of this issue to APRC. Until resolved the default will be to communicate with the chief executive of the elected board. C. The Risk Assessment Suite - Statements of Auditing Standards: Risk assessment incorporates eight statements that direct the auditor in performing the audit and attesting to the "fairness" of the financial reports. In some cases it requires the auditor to evaluate the Page 4 of5 070108 Audit Committee Responsibilites.atch3.doc r~' CITY OF ASHLAND susceptibility of the financial report down to the line item or balance sheet account in order to render an opInIon. The suite will playa bigger role as part of the audit beginning with this next year and, in conjunction with the other requirements, result in more costly annual audits for compliance. The result of this level of evaluation could then fall into the process of communication addressed above. Action needed: None at this time. Needed action may be identified in the coming audit or as part of staffs review of internal controls. Related City Policies: Financial Management Policies Council Options: a. Choose to keep the Audit Committee in place as defined by Resolution 2003-07. b. Modify Audit Committee responsibilities and/or voting authority in Resolution 2003-07. c. Determine whether the Mayor, the City Administrator, the Finance Director or someone else will be the primary contact and sign representation letters with the auditor. d. Direct staff to schedule a study session to discuss the existence and delegated authority to the Audit Committee. e. Direct staff to bring back a proposed resolution to correct for the audit comments. Potential Motions: This is a study session so no formal action can be taken but staff would like consensus on how to proceed. Attachments: FY 2006-2007 Staff Responses to Management Letter FY 2006-2007 Management Letter FY 2005-2006 Staff Responses Management Letter October 29,2007 Audit Committee report to City Council Resolution 2003-07 regarding Ashland's Municipal Audit Committee Page 5 of5 070108 Audit Committee Responsibilites.atch3.doc r..., CITY OF ASHLAND Council Communication Ordinance amending AMC 2.28 - Administrator Delegation Meeting Date: July 1, 2008 Primary Staff Contact: Richard Appicello Department: City Attorney's Office E-Mail: Appicelr@ashland.or.us Secondary Dept.: City Administrat' Secondary Contact: Martha Bennett Approval: Martha Bennet Estimated Time: 5 minutes Question: Should the City Council conduct and approve Second Reading of an ordinance titled, "An Ordinance amending AMC Chapter 2.28, relating to delegation of duties to the City Administrator for acceptance of interest in real property and the renewal of intergovernmental agreements" and move approval of the ordinance? Staff Recommendation: Staff recommends Council approval of Second Reading by title only and adoption of the Ordinance. Background: The City Council often sees routine matters on the Agenda because there is no formal delegation to the City Administrator to dispose of such matters. For example, the 5-20-08 Agenda included two easements for acceptance under ORS 93.808. [The City's acceptance of title to or an interest in real property must be shown on the legal instrument for recording to occur]. In addition, the Council has seen a number of routine Intergovernmental Agreements renewals (IGAs) with the State of Oregon Building Codes Division in recent months. Technically, absent a formal delegation, such matters are to be approved by the governing body. Because there is no need to clutter the Council's Agenda with routine matters, the Department head team discussed and recommends formally delegating to the City Administrator the authority to handle such matters administratively. Matters requiring public hearings (e.g. acceptance of a conservation easement) are not subject to delegation. Related City Policies: City Charter Article 10, Ordinance adoption procedures; ORS 93.808 (acceptance); ORS Chapter 190 (Intergovernmental Agreements) Council Options: (1) Move to approve Second Reading and adoption of the Ordinance. (2) Postpone consideration. Potential Motions: Staff: [Conduct Second Reading of Ordinance by Title only] Council: Motion to approve Second Reading and approve adoption of "An Ordinance amending AMC Chapter 2.28, relating to delegation of duties to the City Administrator for acceptance of interest in real property and the renewal of intergovernmental agreements" Attachments: Proposed ordinance Page 1 070108 Second Reading Administrator Delegation. CC.doc r~' ORDINANCE NO. AN ORDINANCE AMENDING AMC CHAPTER 2.28 RELATING TO DELEGATION OF DUTIES TO THE CITY ADMINISTRATOR FOR ACCEPTANCE OF INTEREST IN REAL PROPERTY AND THE RENEWAL OF INTERGOVERNMENTAL AGREEMENTS Annotated to show doletions and additions to the code sections being modified. Deletions are bold . and additions are bold underlined. WHEREAS, ORS 93.808 requires that the approval of a governmental unit such as the City of Ashland be shown on any instrument conveying title or an interest in real property to the City in order for that instrument to be recorded; and WHEREAS, the City of Ashland wishes to delegate to the City Administrator the task of indicating the City's acceptance of routine instruments that convey title or any interest in real property to the City; and WHEREAS, conveyances requiring public hearings before the City Council under state or local law (Le. conservation easements, open space acquisitions) are exempted from this delegation; and WHEREAS, ORS 190.010 allows the City to enter into intergovernmental agreements with other units of local government; and WHEREAS, the City of Ashland wishes to delegate to the City Administrator the task of renewing intergovernmental agreements for the City when the terms of the agreement remain the same, or the terms are modified in accordance with the agreement; and WHEREAS, intergovernmental agreements that require public hearings before the City Council under state or local law are exempted from this delegation; THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. New Section. A new Section 2.28.045 [City Administrator - Delegated duties] is hereby added to read as follows: 2.28.045 City Administrator - Deleaated duties. A. Acceptance of real property. or interest therein. Except when a public hearina before the aovernina body is reauired by state or local law. the City Council hereby authorizes and deleaates to the City Administrator the authority to indicate. for purposes of recordina in Official Deed records. the City of Ashland's acceptance of real property title or an interest in real property pursuant to ORS 93.808. The City Administrator may execute an instrument convevina title to the City or conyevina an interest in real property to the City. after approval of the form bY the City Attorney and approval of the description of the property by the City Surveyor. City acceptance shall be in substantiallY the followina form: City Administrator Delegation Ordinance Page 1 of3 CITY ACCEPTANCE (ORS 93.808): CITY OF ASHLAND. Grantee County of Jackson } ) ss. } .20 STATE OF OREGON The foreaoina instrument was acknowledaed before me this day of . 20 . bY as City Administrator of the City of Ashland. Notary Public for Oreaon My commission expires: B. Renewal of interaovernmental aareements. The City Council hereby deleaates its authority to renew interaovernmental aareements to the City Administrator when: 1) state or local law does not reauire a public hearina before the aovernina body. 2) the terms of the interaovernmental aareement will remain the same. or be modified in accordance with the aareement. and 3) the renewal is approved by the City Attorney and the department head that is affected bY the renewal. C. The City Administrator shall biannually report to the City Council on the matters executed pursuant to this Chapter. SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-Iettered, provided however that any Whereas clauses and boilerplate provisions (Le. Sections 2-3) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. Barbara M. Christensen, City Recorder City Administrator Delegation Ordinance Page 2 of3 The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2008, and duly PASSED and ADOPTED this day of , 2008. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of Reviewed as to form: Richard Appicello, City Attorney City Administrator Delegation Ordinance ,2008. John W. Morrison, Mayor Page 3 of3 CITY OF ASHLAND Council Communication Street Tree Commission Powers and Duties Meeting Date: Department: Secondary Dept.: Approval: July 1, 2008 Community Development Planning Depart Martha Bennet Primary Staff Contact: E-Mail : Secondary Contact: Estimated Time: Amy Anderson andersona@ashland.or.us Richard Appicello 30 minutes Question: Should the City Council conduct and approve First Reading of an ordinance amending the Street Tree Commission Powers and duties? Staff Recommendation: Staff recommends Council approval of First Reading by title only and move the Ordinance on to Second Reading. Background: The proposed amendments primarily concern the changes to the name, membership, quorum, powers and duties of the Street Tree Commission. The Street Tree Commission began reviewing their Powers and Duties as outlined in Ashland Municipal Code 2.25 in June 2006 consistent with the direction of the City Council for all Commissions. The first change is from Street Tree Commission to Tree Commission. Other recommended changes include added flexibility language to the number of Commissioners from five to seven, changing the quorum language and reordering the existing Duties into a prioritized list. Related City Policies: City Charter Article 10, Ordinance adoption provisions & AMC 2.25 Council Options: (1) Move to approve First Reading and continue the matter for Second Reading. (2) Postpone consideration. Potential Motions: Staff: {Conduct First Reading of Ordinance by Title only] Council: Motion to approve First Reading and set Second Reading. Attachments: Proposed ordinance Minutes from June 8, 2006, September 7,2006, and November 9,2006 Tree Commission Meetings 06-17 -08 Tree Commission Page 1 r..., ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2.25, STREET TREE COMMISSION, AMENDING NAME, MEMBERSHIP, QUORUM, POWERS AND DUTIES, AND OTHER REQUIREMENTS Annotated to show deletions and additions to the code sections being modified. Deletions are bold . and additions are in bold underline. WHEREAS, the City of Ashland Street Tree Commission wishes to modify and update the Street Tree Commission Ordinance relating to the name of the Commission, membership, powers and duties, and other requirements; and THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS: SECTION 1. Chapter 2.25, Street Tree Commission is hereby amended to read as follows: 2.25 Street Tree Commission 2.25.010 Established - Membership The Tree Commission is hereby established to provide advice and auidance to commissions. the Council and city departments on all tree-related matters and to involve citizens in protectina Ashland's urban forest. . The Commission shall consist of the actual number of current sittina Commission members appointed by the Mayor and confirmed by the City Council pursuant to AMC Section 2.25. 020. but in no case shall there be less than five members nor more than seven voting members and three non-voting ex officio members consisting of the Planning Commission, a member of the City Council, ami a representative of the Director of Community Development Department and a representative of the Parks and Recreation Department. The voting members shall be appointed by the Mayor with confirmation by the City Council. 2.25.020 Term Vacancies The term of a voting Commissioner shall be for three years. Any vacancy shall be filled by appointment of the Mayor with confirmation by the City Council for the unexpired portion of the term. The terms of the members shall be for three years. Any Commissioner who is absent from four or more meetings in a one-year period shall be considered no longer active and the position vacant, and a new Commissioner shall be appointed to fill the vacancy. 2.25.030 Quorum Rules and Meetings Tree Commission Ordinance: First Reading. June 17,2008 Page 1 of 4 Four voting members of the Commission shall constitute a quorum. A Quorum shall be defined as one-half the number of sittina Commissioners, plus one, but in no case less than three. If there is no Quorum, no official Commission business shall be conducted and all matters advertised shall automatically be continued to the next reaularly scheduled meetina. The Commission may make rules and regulations for its meetings and procedures consistent with city ordinances, and shall meet at least once every month. At its first meeting of each year the Commission shall elect a Chair, a Vice-Chair and a Secretary.. (ORD 2779 53, 1996) 2.25.040 Powers and Duties, Generally The purpose, powers, duties and responsibilities of the Tree Commission shall be as follows: 1. To act in an advisory capacity to the Plannina Commission, City Council and Plannina Department Staff Advisor in the administration of the land-use plannina process, with respect to tree science and requirements, landscape desian and principles, locally suitable botanic species and protection of natural resources. Failure to make a recommendation on any individual plannina action shall not invalidate the action. 2. To develop and recommend to the City Council for its adoption ordinances and policies for the plantina, care and protection of trees throuahout the City and to make amendments as required to AMC 18.61. 3. To act in an advisory capacity to the City Administrator and to all City departments reaardina tree protection, maintenance, removal or any related issues in the City and on all City properties. 4. To develop and recommend to the Plannina Commission and the City Council for their review and adoption a city-wide tree monitorina and maintenance plan for lona-term tree care, includina irriaation, prunina and other annual activities. Copies of the plan shall be kept in the Office of the City Recorder and the Community Development Department for public review. 5. To develop and recommend to the City Council for its adoption a master list of street trees suitable for plantina alona city streets, a COpy of which shall be kept on file by the Office of the City Recorder and the Community Development Department as well as made available on the internet. The list shall be updated and reviewed as required. 6. To educate the citizenry and to promote public knowledae and understandina of the benefits of appropriate tree plantina and care. 7. To facilitate an inventory of existina trees, includina historical or sianificant trees: to identify publicly owned properties in need of sustainable tree- plantina or landscapina: and to submit recommendations reaardina such enhancement of public lands and riahts-of-way and to present reports of such inventories, at the request or direction of Council. A. To in'.~entory existing street trees, including historical trees and public properties in need of beautification and plantings, and present a written report to Tree Commission Ordinance: First Reading. June 17, 2008 Page 2 of 4 the City Council of its findings. 8. To develop and recommend to the City Council for its adoption a master list of street trees suitable for planting along the streets of the City, a copy of -..!hich shall be kept on file in the Office of the City Recorder and the Department of Community De'Jelopment for public information. The list shall be re':iewed as required. C. To de'-~elop and recommend to the Planning Commission and the City Council for its adoption a Tree Management Plan, a copy of \a.rhich shall be kept on file in the Office of the City Recorder and the Department of Community De'.~elopment for public information. D. To de':elop and recommend to the City Counsil for its adoption ordinances and policies for the planting, care and protection of trees throughout the City. E. To act in an ad\~isory capacity to the Planning Commission in the administration of the site re'Jie\.J and subdi'/ision process 'l!ith respect to landscape design, suitable plantings, protection of natural vegetation, and tree requirements. F. To act in an ad'.~isol)' capacity to the City Administrator and to all City departments regarding tree maintenance and related issues in the City and the City's properties. G. To submit recommendations to the City Council regarding the beautification of public properties and rights of \\'ay. H. To promote public knotJ:ledge and aCGeptance of the \~alue of appropriate tree planting and care. I. To develop, maintain, and update a recommended street tree list. 2.25.050 Reports The Commission shall submit copies of its minutes to the City Council and shall prepare and submit such reports as from time to time may be requested of them by the City Council ef or the Planning Commission. 2.25.060 Donations Subiect to the formal acceptance bv the City Council, thethe-Commission may receive gifts, bequests or other devices of property in the name of the City to carry out any of the purposes of this Chapter, which shall be placed in a special account for use at the discretion of said-the Commission. Penaltv or mitiaation fees as described Tree Commission Ordinance: First Reading. June 17, 2008 Page 3 of 4 in 18.61.030. C and authorized by City Council may also be placed in such account. SECTION 2. Severability.. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered, or re-Iettered, provided however that any Whereas clauses and boilerplate provisions (Le. Sections 2- 3) need not be codified. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2008, and duly PASSED and ADOPTED this day of , 2008. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of , 2008 John W. Morrison, Mayor Reviewed as to form: Richard Appicello, City Attorney Tree Commission Ordinance: First Reading. June 17, 2008 Page 4 of 4 CITY OF ASHLAND ASHLAND TREE COMMISSION MINUTES June 8, 2006 CALL TO ORDER -Chair Bryan Holley called the Ashland Tree Commission meeting to order at 7:00 p.m. on June 8, 2006 in the Siskiyou Room in the Community Development and Engineering Services Building located at 51 Winburn Way, Ashland, OR. Commissioners Present Council Liaison Bryan Holley David Chapman, arrived at 7:45 p.m. Mary Pritchard Laurie Sager Staff Present Ted Loftus Amy Anderson, Assistant Planner Steve Siewert Anne Rich, Parks Department Carolyn Schwendener, Account Clerk APPROVAL OF MINUTES Page 2, first paragraph under applicant testimony, Commissioner Siewert's name was misspelled. Pritchard/Sager m/s to approve the minutes of May 5, 2006. Voice vote: all AYES, Motion passed. The minutes of May 5, 2006 were approved as corrected. PUBLIC FORUM None present PUBLIC HEARINGS PLANNING ACTION 2006-00878 is a request for a Tree Removal Permit to remove a 30-inch Ponderosa Pine Tree from the property located at 1505 Siskiyou Boulevard. The tree proposed for removal is located partially within the W alker Avenue right-of-way. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-l; ASSESSOR'S MAP #: 39 IE 15 BA; TAX LOT: 100 APPLICANT: Steve Meister Site Visits and Ex Parte Contacts - All the Commissioners did a site visit. Holley acknowledged he had conversations with Robbin Pearce as well as sending out an email. Sager also sent out an email. Robbin Pearce, City of Ashland Water Conservation Auditor & Inspector, was present to answer questions. The Commissioners agreed that this Planning Action had been very confusing. Sager noticed that there was construction happening on the site along with a sign that reads for lease or sale. She wondered if there was some sort of development proposal attached to the Planning Action. Amy reviewed the history of this Planning Action, read the staff report and addressed the questions in Holley's email. Amy stated thatall Tree Removal's are processed as Staff Permits. Originally the application came for a Street Tree Removal Permit. Pearce processes all Street Tree Removal Permits and historically all Street Trees, irregardless of size, have been processed through 13.16. Holley had pointed out that under 18.61 it talks about all significant trees which is a tree greater then 18" in DBH, under the control of the City of Ashland, is subject to 18.61. Consequently the applicant was told- they would need to go through 18.61 Tree Removal for a Street Tree Permit. Since the owner is the City of Ashland it created a strange situation which staff is working on to remedy at this time. Amy explained that Pearce has the ability to do Street Tree Removal permits much faster then Planning Actions that take a minimum of 30 days. Staff permits have a 100 foot noticing area and do not require that a sign be posted on the property. There is a 10 day time period allotted for citizens or staff to call it up to a public hearing. This notice went out as a Staff Permit for Tree Removal that staff called up to a public hearing. Amy informed the Commissioners that there is no development proposed at this time. The plans that the Tree Commission was given to review showed a gas station on the site and did not show the tree that was to be removed. Amy stated that the plans were from an old survey that was provided by the Public Works department to Mr. Meister and he didn't white out the gas station. It is not on the site. Amy explained that the applicant is putting in a new sewer line on the site and that is the construction they are seeing. A sewer line is an over the counter permit that does not require any site plans to be shown. The Commissioners discussed the possibility of requiring some kind of landscaping plans when sewer lines are being installed. It was also suggested that during the permit process the applicant is simply asked if there are any trees of 12" in diameter or better within 10 feet of their sewer line since the Oregon Plumbing Codes do not require applicants to provide any kind of plans. Pearce suggested that the Commissioners approach this issue from a different angle. She asked where the Heritage Tree List was? It is a protective measure for some trees and could help in these situations. However there still would be trees not on the list that would not be protected. Holley shared that his concern was not so much about the tree but about the process that the applicant is taking. Amy suggested that if the Tree Commissioners wanted to change the process they would need to have a study session for the Planning Commission in order to change the procedure section of the ordinance. Sager said she would be happy to be part of a sub-committee to develop a set of handouts that would show an applicant how to address 18.61. Pritchard confirmed that what everyone wants is the reassurance that if there is a significant tree on a property that the applicant has looked at every single possibility of saving that tree. The Tree Commission needs to be privy to that process, ideally in writing. Recommendation: Tree Commission recommends .mitigation off-site with three (3) six foot to eight foot Ponderosa Pines. The applicant shall work with the Staff Advisor and Ashland Parks and Recreation Department regarding where the mitigation trees will be planted. The mitigation trees shall be planted within 180 days of the approval of this application. Pearce asked if the issue of landscape inspection by the landscape professionals is going to happen. She would like to see it on the agenda soon. ACTION ITEMS: Type I Review sign-up July 6, 2006 - Sager, Siewert, Holley August 3,2006 - Sager, Holley, Pritchard September 7,2006 - Loftus, Pritchard, Siewert DISCUSSION ITEMS Commission Powers and Duties 2.25 -Chapman explained that the Council is doing a review to find out if the original goals for each Commission are still proper. Chapman proposed questions for the Commissioners to think about. A few examples were: Does what your doing match what your duties are? Do you have the right number of members? Do you need three staff members? Does the Commission vote? Would they like to review Pre-Apps? Chapman suggested that they consider a quorum being half plus one and removing Street from the Commissions name. The Commissioners discussed 2.25 and made comments and corrections. Holley will write a draft and send it to Amy who will then forward it to the other Commissioners. Put this on next month's Agenda. ITEMS FROM COMMISSIONERS Liaison Reports - Chapman asked if the Commissioners were involved in the Fire Department's Vegetation Ordinance. Amy stated that neither the Tree Commission nor Planning had been involved. NEW ITEMS Amy distributed the Planting Diagram from the American Standards for Nursery Stock. ANLA.org Sign-Up schedule for back page article. - "Special Care of Trees in Summer" was the topic discussed to write about next. Sager volunteered to help with the article. Amy said Adam is working on doing an internet ballot for the Ailanthus replacement tree. Holley suggested a news release would be a good idea so that the paper could write the article. ADJOURNMENT - Commissioner Holley adjourned the meeting at 9:25 p.m. Respectfully submitted by Carolyn Schwendener, Account Clerk 2 CITY OF ASHLAND ASHLAND TREE COMMISSION MINUTES September 7, 2006 CALL TO ORDER -Chair Bryan Holley called the Ashland Tree Commission meeting to order at 7:04 p.m. on July 6, 2006 in the Siskiyou Room in the Community Development and Engineering Services Building located at 51 Winburn Way, Ashland, OR. Commissioners Present Council Liaison Bryan Holley David Chapman, arrived at 7:08 Mary Pritchard Laurie Sager Staff Present Ted Loftus Amy Anderson, Assistant Planner Steve Siewert Anne Rich, Parks Department, arrived at 7: 10 Colin Guiley Carolyn Schwendener, Account Clerk APPROVAL OF MINUTES Loftus/Pritchard m/s to approve the minutes of July 6, 2006. Voice vote: all AYES, Motion passed. The minutes of July 6, 2006 were approved as presented. Pritchard/Sager m/s to approve the minutes of August 3, 2006. Voice vote: all AYES, Motion passed. The minutes of August 3,2006 were approved as presented. Regarding last months Planning Action #2005-01869,1751 Dragonfly. Sager reported that Mrs. George contacted Mark Knox at Urban Development Services requesting his help to get approval on the lot split. PUBLIC FORUM Jonathan Frank shared his interest in the operations of the Tree Commission and his interest in how the City is paying attention to the native oak species. Mr. Frank said that in order to maintain a healthy community it is necessary to have native trees, he especially is interested in the Oregon White Oak. Tracy Harding from the Bike and Pedestrian Commission was present to discuss the upcoming Car Free Day on September 22, 2006. The Bike and Ped Commission decided to have the Tree Walk Tour before the events on Oak Street in hopes that more people will attend. She requested that one or more of the Tree Commissioners do a walking tour in the downtown area sometime between 12:30 p.m. and 1 :00 p.m. Pritchard needed to check her calendar but if she is available would be willing to do the tour. The Commissioners will email Tracy and let her know which one of them will do the walk. Loftus volunteered to bring trees and plants to the event again this year. PUBLIC HEARINGS PLANNING ACTION 2006-01091 Outline Plan approval under the Performance Standards Options Chapter 18.88 to subdivide the property into 14 lots including 13 lots for single-family homes and one lot for open space purposes for the property located at 203 N. Mountain Ave. A Lot Line Adjustment is included in the proposal to incorporate the western end of the parcel located at 185 N. Mountain Ave (Havurah Shir Haddash Jewish Temple) into the subdivision. A Tree Removal Permit is requested to remove a 40-inch diameter at breast height Black Walnut tree in the N. Mountain Avenue street right-of-way adjacent to the front of the property located at 203 N. Mountain Ave. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential (P Overlay); ZONING: R-1-5-P; ASSESSOR'S MAP # 39 1E 09 AA; TAX LOTS: 1500,1600,1701,1800. APPLICANT: Urban Development Services, LLC Site Visits and Ex Parte Contacts - Sager, Rich, Loftus, Siewert, Guiley and Holley did site visits, Chapman did not. Pritchard did a site visit the last time this project was reviewed. Amy presented the staff report. Applicant testimony: Larry Medinger 115 Fork St. explained the differences in this proposal compared to the last one. He said that in the last proposal a large number of really great trees were slated for removal and with this new proposal they will be preserving those trees. The applicants are still asking to be able to remove the 40" Black Walnut by the road in the event that it can't survive the construction, though they will try and save it if at all possible. It appears like a substantial tree but at this point it is in extreme decline, 60 percent of the trunk is gone and is a potential liability. Tom Myers, Certified Arborist, 2040 Ashland Mine Rd., explained that part of the changes included trying to save the English Walnut because it is a substantial tree and probably the best tree on the lot. It will require working within the tree protection zone but it's odds of survival are quite high since we will only affect 20 percent of the root zone, stated Mr. Myers. Dean Walker, applicant, 245 Meadow Slope Road, Talent, is impressed with the amount of care that Mr. Medinger has brought to the second set of plans. The Commissioners discussed the project. Sager suggested minimizing the width of the driveway in order to try and save the English Walnut. She also suggested having the garage door engineered so that there is no center post allowing the car on the right-hand side to make the maneuver away from the tree. Mr. Medinger agreed that was a good idea. Recommendations: 1) Tree Commission recommends using pervious paving techniques for driveway on Lot 3 under dripline of English walnut. 2) Minimize driveway width on Lot 3 at alley to further reduce encroachment into root zone of English walnut. 3) That a curb, keystone wall, boulders or other form of parking obstacle be installed along driveway of Lot 3 and along south edge of alley to prevent parking under English walnut. 4) All future landscaping and irrigation under dripline of English walnut shall be implemented under supervision of consulting project Arborist. 5) Tree Commission supports applicant's efforts to retain Black Walnut under consultation with project Arborist, but supports the possible future removal if preservation proves to be ill fated or potentially hazardous. 6) That all tree preservation, protection and pruning techniques recommended by the consulting project arborist shall become conditions of approval. Pritchard reported that the tree protection has been removed from 2001 Siskiyou Blvd. Amy will bring it to Adam's attention again. Holley commented that he is not pleased with what he is seeing at Dairy Queen. The Commissioners welcomed Colin Guiley to the Commission. Guiley is a student at SOU with a double major in Spanish and Biology. By joining the Commission he is hoping to learn more about City Government as well as adding a different perspective to the Commission. He is very interested in the protection of trees. ACTION ITEMS Type 1 Review sign-up - October 5, 2006-Sager, Holley, Pritchard November 9, 2006-Loftus, Pritchard, Guiley December 7, 2006-Holley, Siewert, Loftus, Guiley DISCUSSION ITEMS Land Use Ordinance Review chapters 18.61 & 18.62 (Siegel Report)- The Commissioners decided they would each individually review the ordinance between now and the next meeting, make their comments and corrections and bring them back to the Commission next month. A subcommittee will be put together next month who will combine the comments and prepare a draft which will eventually go to the City Council. Commission Powers and Duties 2.2S-Chapman reported that the subcommittee is coming up with a template to make all the Commissions consistent. The Commissions will receive another questionnaire soon. Holley has prepared a draft with corrections and will send that new version to the Tree Commissioners for their review. Chapman noted that this Commission is missing the Why you Exist section and said a one sentence blurb would be sufficient. 2 ITEMS FROM COMMISSIONERS Liaison Reports -No reports Amy announced that next month the Fire Department will be coming to the meeting and presenting their proposed new ordinance. Amy will get a copy of the ordinance and put it in next month's packet for review prior to the meeting. Old Business Tree Planting & Pruning specifications-Changes could be made regarding the graphics and content anytime up until March. Amy will ask Adam to send the image to Holley who will then edit the picture and get it to Ann. Tree Grates-options other than metal- The problem with the metal Tree Grates is that it's difficult to expand the area around the trunk of the tree as it grows. It's also a nightmare for irrigation as the tree gets bigger. After some research Sager found one company that does recycled plastic grates but they don't have any removal rings and the diameter size is only a foot. Another issue with the plastic is that it's not very stable so you have to fill right up to underneath it with gravel. She will continue to keep searching and encouraged the other Commissioners to do the same. Landscape Professional Ordinance- The purpose of this ordinance was to watch non enforcement at project sites and try to get the Landscape Professionals to be the point person to work with to make sure that conditions of approval are met throughout the construction process. The Commissioners agreed to send this on to Siegel for their review. Heritage Tee List-There is ordinance language done talking about the Heritage Tree List but that list needs to be finalized. Amy's list of trees was created a number of years ago. It was suggested that the property owners on that list be contacted and asked if they would like to have their tree designated a Heritage Tree. Sager suggested doing an article for the Back page of the Tidings regarding Heritage Trees and what it really means offering interested citizens the ability to sign up on the website. Mitigation Resolution progress report- Amy reported that she is done with the report and has passed it on to her supervisors to review and then it will go to the City Attorney. She will report back after hearing from them. New Items Amy announced that she is expecting a baby on March 22, 2006 and will be taking maternity leave. Yea! Tree of the Year Nomination begins-The Nomination form was in the City utility bill and is on the City Website. Citizens have until Tuesday October 2, 2006 to nominate their favorite tree. The Commissioners will review the nominees at the October 5th meeting. The list of nominated trees are reduced usually to 5 and a ballot gets printed in the newspaper and posted on the City Website. Typically the Tree of the Year voting is the last day of October and the winner is announced at the second November City Council meeting. Ailanthus replacement vote ends-Ginkgo Biloba 77 votes, Sugar Maple 63 votes, Scarlet Oak 27 votes, Zelkova 10 votes and Prospector Elm 2 votes. Amy received a two day notice that the Oregon Community Trees quarterly meting is September 8, 2006. Because of such late notice she will not be attending. Current Balance is $750.00. To post the Tree of the Year ballot in the paper will cost approximately $220.00 Tree Commission Goals -Pritchard said that she has spoken with Linda Chesney at North Mountain Nature Park and is scheduling a Tree Pruning Class for sometime in January. Pritchard left at 9:10 p.m. Media Outreach - The back page article that Siewert wrote came out in the Friday Edition of the Daily Tidings. The Commissioners acknowledged he did a great job. Sager reminded the Commissioners that she would like to have a list of those who are willing to write a back page article so she could get a backlog going. Holley handed out a copy of a Letter to the Editor from David Kennedy regarding Trees in Ashland for those that might not have read it. ADJOURNMENT - Commissioner Holley adjourned the meeting at 9:26 p.m. Respectfully submitted by Carolyn Schwendener, Account Clerk 3 CITY OF ASHLAND ASHLAND TREE COMMISSION MINUTES November 9, 2006 CALL TO ORDER -Chair Bryan Holley called the Ashland Tree Commission meeting to order at 7:00 p.m. on November 9, 2006 in the Siskiyou Room in the Community Development and Engineering Services Building located at 51 Winburn Way, Ashland, OR. Commissioners Present Council Liaison Bryan Holley David Chapman, absent Mary Pritchard Laurie Sager, absent Staff Present Ted Loftus, absent Amy Anderson, Assistant Planner Steve Siewert Anne Rich, absent Colin Guiley Carolyn Schwendener, Account Clerk APPROVAL OF MINUTES Second page under Discussion Items second paragraph down should read Chapter 18.72. Pritchard/Siewert m/s to approve the minutes of October 5, 2006. Voice vote: all AYES, Motion passed. The minutes of October 5, 2006 were approved as corrected. PUBLIC FORUM None present PUBLIC HEARINGS PLANNING ACTION #2006-00612 Site Review approval for a mixed-use development comprised of general office space and six residential condominiums for the property located at 160 Helman St. A Tree Removal Permit is requested to remove two trees on site that are sized six inches diameter at breast height and greater. COMPREHENSIVE PLAN DESIGNATION: Employment District W/Residential Overlay; ZONING: E-l; ASSESSOR'S MAP #39 IE 04 CC; TAX LOT: 2100. APPLICANT: Siskiyou LLC/James Batzer )0> Re-review of landscaping at comer. of Helman and Van Ness based on changes made at Planning Commission to push back building on that comer. Site Visits and Ex Parte Contacts - All the Commissioners did a site visit previously when this Planning Action was first reviewed by the Tree Commission at the October 5, 2006 meeting. There was no new staff report. Applicant testimony - Mark Knox, Urban Development Services, 320 E Main Suite 202 Ashland spoke representing the applicants. Mr. Knox asked the Commissioners if they would be willing to accept the three foot planting strip with lavender in it and inquired how they felt about a meandering 5 foot sidewalk. The Commissioners discussed this Planning Action and agreed it was a very good solution because a meandering sidewalk allows for a much deeper planting space and room for a tree. Recommendations: 1) That the street tree root barriers shall be installed laterally along the sidewalk, the building and the street. 2) That the Tree Commission supports the proposed meander of the sidewalk to increase the planting area at the comer of Van Ness & Helman streets. Mr. Knox asked to speak regarding the tree that fell at 380 Clay St. Mr. Knox stated that the neighbor had implied that if the tree had been properly pruned it might not have fallen. Mr. Knox strongly felt that there was no way anyone could have predicted that the tree would fall regardless if it had been pruned or not. Tom Myers, Certified Arborist, inspected the tree and confirmed that the tree had rotted and recommended that it be removed immediately. Mr. Myers also recommended that the other trees on the property be pruned. Mr. Knox wanted the Tree Commissioners to know that they are in the middle of doing their due diligence and caring for the trees. PLANNING ACTION #2006-01663 A request for an Annexation and Comprehensive Plan and Zoning Map change from Jackson County zoning RR-5 (Rural Residential) to City of Ashland zoning R-2 (Low-Density Multiple Family Residential), R-I-3.5 (Suburban Residential) and R-l (Single-Family Residential) for an 1 1. 64-acre site comprised of five parcels located at 87 W. Nevada St. and 811 Helman St. (Ashland Greenhouses). The Ashland Comprehensive Plan Map identifies the site for Single-Family Residential development (R-l zoning), and therefore, the proposal includes a Comprehensive Plan Map Change to modify the Single-Family Residential designation to Suburban Residential (R-I-3.5 zoning) and Low Density Multi-Family Residential (R-2) designations. The proposal requires Outline Plan and Site Review approvals to develop the property as a 78- unit multi-family development and subdivision under the Performance Standards Options Chapter 18.88. A Tree Removal Permit is requested to remove a 36-inch diameter at breast height Oak tree. Exceptions to the Street Standards are requested to install a curbside sidewalk on one side of one of the proposed streets, for not locating a street adjacent to natural features and to build two dead-end streets. Variances are requested to reduce the on-street parking requirement from 78 to 38 spaces, to reduce the rear yard setback requirement for six of the town homes in the northwestern comer of the site from 20 feet to 12, 14 and 16 feet, and to reduce the required dist~nce between buildings for the 27 cottages in the southwestern comer of the site. An Administrative Variance to the Site Design and Use Standards is requested to have the primary orientation to the south rather than the street as required. COMPREHENSIVE PLAN DESIGNATION: (Current) Single-Family Residential to (Proposed) Multi-Family Residential & Suburban Residential; ZONING: (Current) RR-5 & R-I-7.5 to (Proposed) R-I-3.5 & R-I-7.5 & R-2; ASSESSOR'S MAP #: 39 IE 4B; TAX LOTS: 800 & 1100 and ASSESSOR'S MAP #: 39 IE 4BB; TAX LOTS: 700, 800, & 900 APPLICANT: Forrester & Williams Site Visits and Ex Parte Contacts - All the Commissioners did a site visit. The staff is asking for a continuance of this Planning Action and Amy confirmed that the issues that were addressed in the staff report that are recommending continuance have nothing to do with landscaping, open space or tree removal. Everything that the Tree Commission would recommend would be incorporated into the final plan that would come back to the Commission as a Type 1. Applicant Testimony - Applicants Valri and Greg Williams were present. Kerry KenCairn, Landscape Architect spoke representing the applicants. Ms. KenCairn said that no tree report was submitted because she felt that the maps were sufficient enough. Ms. KenCairn explained the purpose for removing the trees that are designated for removal. Holley commented that citizens are urging the Tree Commission to plant native trees especially Oaks and encouraged Ms. KenCairn to plant the native Oaks wherever possible. Pritchard said she would like to see more conifers planted. Holley asked if the individual landscaping plans for the various buildings will be coming before the Tree Commission. Amy said that the R-2 development properties are subject to site review and cottages would be required to have separate landscaping plans so they would come back before the Commission. Recommendation: 1) Tree Commission supports project outline plan as proposed. ACTION ITEMS Fire Dept. Ordinance subcommittee volunteers. Sager and Holley will be representatives at this time. ITEMS FROM COMMISSIONERS Liaison Reports - No reports given Land Use Ordinance Review (Siegel Report) - Tabled until next month's meeting. Changes to the agenda - Holly asked that Ordinance Revisions be dropped from the agenda, that the year 2007 is added to Tree Walks and that Tree Grates/Sager is added under Old Business. Amy suggested that the Commissioners visit the YMCA and Gathering Glass on A Street where plastic grates were used and the results were undesirable. The Commissioners briefly discussed the future of the Tree Commission. The Commission is down to six members with no new applications received at this time. Holley said there appears to be some political energy in town questioning the value of all the Commissions. The Commissioners agreed to put this on next month's agenda. Tree of the Year Winner: The Pacific Madrone at Mountain View Cemetery won with 18 votes out of 39. The Commissioners discussed the low voting turnout and agreed to put it on the agenda for discussion. 2 Beginning next month Holley will be asking Sager to take over the responsibility of the Daily Tidings Backpage Articles. Commission Powers and Duties 2.25 -The Commissioners discussed the revisions made to the ordinance. All commissioners were in support of the proposed changes. The Commissioners discussed the idea of the metal grates. Amy was typing a memo regarding the City's support of tree grates and felt that it should be written by the commissioners as opposed to her. Siewert will write the article about Living Christmas Trees in time for Thanksgiving in hope that the Tidings will publish it in a timely manner. ADJOURNMENT - Commissioner Holley adjourned the meeting at 8:40 p.m. Respectfully submitted by Carolyn Schwendener, Account Clerk 3 CITY OF ASHLAND Council Communication Camping Ordinance Meeting Date: Department: Secondary Dept.: Approval: July 1, 2008 City Attorney Administration Martha Benne Primary Staff Contact: E-Mail: Secondary Contact: Estimated Time: Richard Appicello appicelr@ashland.or.us Martha Bennett 30 minutes Question: Should the City Council direct staff to amend the camping prohibition in Chapter 10 of the Ashland Municipal Code or otherwise address camping in the City? Staff Recommendation: Regardless of other decisions regarding Chapter 10.46, prohibited camping, staff recommends a few minor changes to fix an incorrect reference to clarify that it is a non-criminal violation. Staff recommends that we treat this as a violation because violations have much lower penalties. Background: Councilor Navickas requested discussion of the camping ban in the Ashland Municipal Code. (See AMC 10.46 attached) The Prohibited Camping chapter has extremely broad coverage. It touches on AMC Chapter 13 right- of-way regulation, as well as Chapter 10 park rules and regulations and even addresses extra-territorial regulation of City property. The City should comprehensively address extra-territorial regulation of city park property as authorized under ORS 226.010. City staff is already working on revisions to Chapter 13 regarding permissible uses of city right-of-way. Finally, any decision to allow camping in city parks or park properties needs to be addressed by the Parks and Recreation Commission and would need to address minimum standards for health and sanitation. If the Council wishes to allow camping pursuant to a permit, such camping should be permitted only where adequate sanitation facilities exist for campers. Staff also recommends consideration of a comprehensive extra-territorial park ordinance under authority ofORS 226.010 to regulate or prohibit activities on city land outside the city limits that are inconsistent with preservation of natural resources and also to reduce the risk of wildfire. Regardless of any other changes the Council wishes to take in the future, staff suggests amending Section 10.46.050(A) to make it clear that prohibited camping is a violation. Code section 10.46.050(A) states: "Any person violating section 10.46.020 or 10.46.030 shall be guilty of an infraction as set forth in Section 1.08.010." However, section 10.46.050(A) was amended in 1999 to remove the word crime and add the word infraction, but the reference to Section 1.08.010 regarding misdemeanor penalties was not changed. In addition, the following ordinance changes should be considered. 07-1-08 Camping Page 1 r~' CITY OF ASHLAND 10.46.020 Camping Prohibited No person shall camp in or upon any sidewalk, street, alley, lane, public right-of-way, park, or any other publicly-owned property or under any bridge or viaduct, unless otherwise specifically authorized by this code or by emerJ!encv declaration under AMC 2.62.030 of"the Altl)'Or in emergenq' ei1'eUIHsttlHCes. 10.46.040 Removal of Campsite D. All personal property shall be given to the police department whether 24-hour notice is required or not. The property shall be stored for a minimum of 60 14 days during which it will be reasonably available to any individual claiming ownership. Any personal property that remains unclaimed for 60 14 days may be disposed of consistent with state law and AMC 2.44 for disoosition of found. lost. unclaimed or abandoned orooertv. as aoolicable. For purposes of this paragraph, "personal property" means any item that is reasonably recognizable as belonging to a person and that has apparent utility. Items that have no apparent utility or are in an instlHihl". unsanitarv condition may be immediately discarded. Weapons, drug paraphernalia and items that appear to be either stolen or evidence of a crime shall be given to the police department. 10.46.050 Penalties A. Any person violating section 10.46.020 or 10.46.030 shall be guilty of a violation tln infraefi8H as set forth in Section 1.08.0201.08.010. B. Uo to 48 hours of communitv service mav be ordered bv the Court and such service shall include clean uo of illeJ!al camosites. The court shall consider in mitigation of any punishment imposed upon a person convicted of prohibited camping whether or not the person immediately removed the campsite upon being cited. For purpose of this section, removal of the campsite shall include all litter, including but not limited to bottles, cans, garbage, rubbish and items of no apparent utility, deposited by the person in and around the campsite. All litter in and around the campsite shall be presumed to be deposited by the person convicted of prohibited camping. Such presumption shall be rebuttal, however. 10.46.060 Application outside city Pursuant to ORS 226.010. t+his chapter applies to acts committed on oark property owned by the city that is located outside the city. Related City Policies: AMC Chapter 10, AMC Chapter 13 Council Options: (1) Direct staff to return with proposed code change and alternatives for consideration by the Council. (2) Do nothing. 07 -1-08 Camping Page 2 r~' CITY OF ASHLAND Potential Motions: None Attachments: · Ashland Municipal Code Chapter 10.46 - Prohibited Camping 07 -1-08 Camping Page 3 r~' 10.46 Prohibited Caml!i!!g 10.46.010 Definitions Unless the context requires otherwise, the following definitions apply: A. "To Camp" means to set up or to remain in or at a campsite. B. "Campsite" means any place where bedding, sleeping bag, or other material used for bedding purposes, or any stove or fire is placed, established, or maintained for the purpose of maintaining a tempor~ place to live, whether or not such place incorporates the use of any tent, lean-to, shack, or any other structure, or any vehicle or part thereof. 10.46.020 Camping Prohibited No person shall camp in or upon any sidewalk, street, alley, lane, public right-of-way, park, or any other publicly-owned property or under any bridge or viaduct, unless otherwise specifically authorized by this code or by declaration of the Mayor in emergency circumstances. 10.46.030 Sleeping on Benches or Within Doorways Prohibited A. No person shall sleep on public benches between the hours of9:00 p.m. and 8:00 a.m. B. No person shall sleep in any pedestrian or vehicular entrance to public or private property abutting a public sidewalk. 10.46.040 Removal of Campsite Upon discovery of an unattended campsite, removal of the campsite by the city may occur under the following circumstances: A. Prior to removing the campsite, the city shall post a notice, 24-hours in advance. B. At the time that a 24-hour notice is posted, the city shall inform a local agency that delivers social services to homeless individuals where the notice has been posted. C. The local agency may arrange for outreach workers to visit the campsite where a notice has been posted to assess the need for social service assistance in arranging shelter and other assistance. D. All personal property shall be given to the police department whether 24-hour Attachment A - Page 1 of 2 notice is required or not. The property shall be stored for a minimum of 14 days during which it will be reasonably available to any individual claiming ownership. Any personal property that remains unclaimed for 14 days may be disposed of. For purposes of this paragraph, "personal property" means any item that is reasonably recognizable as belonging to a person and that has apparent utility. Items that have no apparent utility or are in an insanitary condition may be immediately discarded. Weapons, drug paraphernalia and items that appear to be either stolen or evidence of a crime shall be given to the police department. E. The 24-hour notice required under subsection D of this section shall not apply: 1. When there are grounds for law enforcement officials to believe that illegal activities other than camping are occurring. 2. In the event of an exceptional emergency such as possible site contamination by hazardous materials or when there is immedi,ate danger to human life or safety. 10.46.050 Penalties A. Any person violating section 10.46.020 or 10.46.030 shall be guilty of an infraction as set forth in Section 1.08.010. B. The court shall consider in mitigation of any punishment imposed upon a person convicted of prohibited camping whether or not the person immediately removed the campsite upon being cited. For purpose of this section, removal of the campsite shall include all litter, including but not limited to bottles, cans, garbage, rubbish and items of no apparent utility, deposited by the person in and around the campsite. All litter in and around the campsite shall be presumed to be deposited by the person convicted of prohibited camping. Such presumption shall be rebuttal, however. 10.46.060 Application outside city This chapter applies to acts committed on property owned by the city that is located outside the city. Attachment A - Page 2 of 2