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HomeMy WebLinkAbout2004-0504 Council PacketCouncil Meeting Pkt. BARBARA CHRISTENSEN CITY RECORDER CITY OF ASHLAND Important: Any citizen attending council meetings may speak on any item on the agenda, unless it is the subject of a public hearing which has been dosed. The Public Forum is the time to speak on any subject not on the printed agenda. If you wish to speak, please fill out the Speaker Request 'form located near the entrance to the Council Chambers. The chair will recognize you and inform you as to the amount of time allotted to you. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to be heard, and the length of the agenda. Ve VI. VII. 'VIII. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL May 4, 2004 - 7:00 p.m. Civic Center Council Chambers, 1175 E. Main Street PLEDGE OF ALLEGIANCE: ROLL CALL: APPROVAL OF MINUTES: Regular Council Meeting Minutes of April 20, 2004, Minutes of Executive Session of April 20, 2004. SPECIAL PRESENTATIONS & AWARDS: 1. Presentation of Mayor's Certificates of Appreciation to Alexi Butler, Charles Walker, Amy Langford, Maya Hickman and Caitlin Emery. v/2. Proclamation of May, 2004 as Mental Health Awareness Month. v,'3. Proclamation of May 3 - 9, 2004 as National Historic Preservation Week. v'4. Proclamation of May 16 - 22, 2004 as National Public Works Week. 5. Proclamation of May 10 - 16, 2004 as Cover the Uninsured Week. v'6. Proclamation of April as School Library Media Month. CONSENT AGENDA: 1. Minutes of Boards, Commissions and Committees. PUBLIC-HEARINGS: (Testimony limited to 5 minutes per speaker, unless it is the subject ora Land Use Appeal. All hearings must conclude by 9:30 p.m. or be continued to a subsequent meeting.) (None) 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.) UNFINISHED BUSINESS: 1. Appointment of Allen Douma to the Planning Commission for a' term to expire April 30, 2008 to replace Raymond Kistler. 2. Appointment of Olena Black to the Planning Commission for a term to expire April 30, 2008 to replace Cameron Hanson. 3. Appointment of David Williams to the Planning Commission for a term to expire April COUNCIL MEETINGS AR[:. BROADCAST I.,IVI.;, ON CIlANNEL 9 VISIT THI.:, CITY OF ASHI.ANI. S WEB SITE AT WWW.ASItI~AND.OR.US IX. Xl. 30, 2008 to replace Colin Swales. 4. Council appointment of commissioner to Audit Committee for term to expire April 30, 2007. 5. Reading by title only of"A Resolution Creating tl~e Charter Review Committee." NEW AND MISCELLANEOUS BUSINESS: 1. Ashland Forest Lands Restoration Project Summary. 2. Report and Recommendation on Financing Alternatives for Ashland Fiberoptic Network (AFN). 3. Ashland Fiber Network Quarterly Report. 4. Reconsideration of Armory Decision Conditional Use Permit; Oregon Military Department. 5. Letter suppoi'ting BPA Agreements with'Puget PoWer and PacifiCoi'p. 6. Request for water and sewer service to 295 Mistletoe. ORDINANCES, RESOLUTION~ANDCO,NTRACTS: VE. Reading by title only o/.~'A'~Resolution o~!~ City Council of the City of Ashland Reiterating its policy o'Frelat~th-e-e-x~nditure of monies for Economic and Cultural Development to the Hotel/Motel (Transient Occupancy) Tax and Repealing Resolution 2000-25." 2(,,,?~'-r~-d~i~n~ by~itle only of "An Ordinance Amending the Definition of Gross "l~ffues-b-S"TG"E'~clude Revenue from Cable Modems under the Telecommunications ~.Chapter of. the Ashland Municipal Code." ~' First reading 'b~le only of "An Ordinance Creating a Prohibition Against Public 4. Reading by title only ~"A.E..e.s_01utiO_j%E~tablishing the City of Ashland as a Partner in the Cities for Climate Protection Campaign." OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL Xll. LIAISONS: ADJOURNMENT: REMINDER A Council Study Session will be held on Wednesday, May 5, 2004 at noon in Council Chambers. Topics of discussion will include: 1) Electric Rate Discussion; and, 2) Presentation by Rogue Valley Council of Governments. In compliance with the Americans with Disabilities Act, ff you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735- 2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). COl;NC'II., MEt';TINGS ARE BROAIi)CAS'I' I.IVE ON CHANNEl, 9 VISIT 'I'IIF, CITY OF ASI t[.ANI)'S WI:,B SITE AT WWW.ASItI.,ANI).()R.[JS Ashland City Council Meeting April 20, 2004 - Page I of 8 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL April 20, 2004 Civic Center Council Chambers, 1175 E. Main Street CALL TO ORDER Mayor DeBoer called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Laws, Amarotico, Hartzell, Jackson, Morrison and Hearn were present. APPROVAL OF MINUTES The minutes of the Regular Council Meeting of April 6, 2004; Executive Session of April 6, 2004; Study Session of April 7, 2004; and Continued Council Meeting of April 8, 2004 were approved as presented. SPECIAL PRESENTATIONS & AWARDS 1. Mayor's Presentation of James M. Ragland Memorial "Volunteer Spirit" Community Service Award. Mayor announced Pete Belcastro as the recipient of the Ragland Award. 2. Presentation of Tree City U.S.A. Award and slide show. Tree Commission members Bryan Holley and Ted Loftus, and Stewardship Forester for Oregon Department of Forestry Teresa Vonn presented the City of Ashland with the Tree City U.S.A. Award. Mr. Holley explained the necessary steps that the City has to follow in order to be eligible for this award. He also brought to attention the City ordinances that protect the trees in Ashland. Mr. Lofms briefly explained the purpose of the Tree Commission and the benefits of having trees in our community. He noted that Arbor Day is April 24th and the location of the Tree of Year. Ms. Vonn spoke regarding the accomplishment by the City on eaming this award and the appreciation of the Forestry Department to the City. She noted the National Arbor Day Association sponsors the Tree City U.S.A. Award. Tree Commission members Mary Pritchard, Laurie Sager and Bryan Nelson were introduced. Slide show by Fred Stockwell was shown. Eric Navickas/711 Faith St/Stated he respects the work of the Tree Commission, however does not believe the City deserves this award. He noted the City's support of logging trees of all diameters and the logging in riparian areas. Mr. Navickas spoke regarding the protection of the Winbum parcel, and stated this is a critical piece of land and is of historic significance for the City. He explained that fire fuel reduction could be dealt with through non-commercial means by hand piling and burning. 3. Proclamations of April 18 - 24, 2004 as Volunteer Recognition Week and Proclamation of April 26 - 30, 2004 as Respite Care Awareness Week were read aloud. Proclamations of April 18-24 as Volunteer Recognition Week and Proclamation of April 26-30 as Respite Care Awareness Week were read aloud. Mayor DeBoer noted appreciation for Alexis Butler and the other volunteers who worked last week during the National Youth Service Day, and stated he will be providing a Certificate of Appreciation to them at the next council meeting. Ashland City Council Meeting April 20, 2004 - Page 2 of 8 CONSENT AGENDA 1. Minutes of Boards, Commissions and Committees. Mayor pulled Consent Agenda item #2 for discussion. Councilor Hartzell/Jackson m/s to approve Consent Agenda item #1. Voice Vote: all AYES. Motion passed. 2. Confirmation of Mayor's appointments/re-appointments to various boards, commissions and committees. Mayor DeBoer explained the process he used when making the annual appointments to various boards, commissions and committees. He read out loud his appointments, which are included in the council packet information. Mayor DeBoer noted the additional appointment of Dylan Robbins to the Bicycle & Pedesthan Commission, which was not listed on the memorandum. Michael Riedeman/632 Iowa/Spoke in regards to the non re-appointment of Colin Swales and noted what he felt were qualities that Mr. Swales provided. He did not agree with the Mayor's reasoning and requested that the Council deny the Mayor's appointment of Allen Douma to the Planning Commission. Alan Sasha Lithman/460 Sunshine Circle/Spoke regarding the non re-appointment of Colin Swales to the Planning Commission. Read aloud his statement and submitted it into the record. Bill Street/180 Mead/Read aloud a note from Planning Commissioner Marilyn Briggs regarding the non re- appointment of Colin Swales to the Planning Commission. Statement is attached to minutes. On behalf of him, Mr. Street read aloud a statement and submitted it into the record. Ryan Navickas/711 Faith St/Spoke regarding the non re-appointment of Colin Swales to the Planning Commission. Mr. Navickas stated it appears to him that the Mayor is excluding Swales from City government because of his actions in the DeBoer Appeal, and the Mayor wishes to reduce his standing from a trusted advisor to a marginal activist. Mr. Navickas urged the Council to reject the Mayor's appointment. Jon Uto/1361 Quincy St #8C/Spoke regarding the non re-appointment of Colin Swales to the Planning Commission and shared his experience in the community as a volunteer. He stated that he appreciated the challenge that Mr. Swales placed on community members, and stated Mr. Swales challenges the other commissioners tolhink differently. Mr. Uto asked the Council to reconsider the Mayor's appointments and keep Mr. Swales as a Planning Commissioner. Jack Hardesty/575 Dogwood Way/Read aloud a statement in regards to the non re-appointment of Colin Swales to the Planning Commission, which has been signed by 48 Ashland residents. Statement was submitted into the record. Ben Benjamin/881 S Mountain/Spoke against the non re-appointment of Colin Swales on the basis of him being an activist. Mr. Benjamin stated opposing views need to be heard and studied. Malena Marvin/361 Idaho/Presented over 200 signatures in opposition of the non-appointment of Colin Swales to the Planning Commission. Read aloud a letter and submitted it into the record. Russ Silbiger/562 Ray Lane/Questioned what makes the three newly appointed commissioners more qualified than Colin Swales. Ashland City Council Meeting April 20, 2004 - Page 3 of 8 Ramona DeVaul/865 Palmer Rd/Spoke in regards to the non re-appointment of Colin Swales to the Planning Commission. Commented on the need for honest individuals participating in our City. Mayor DeBoer stated the three appointments to the Planning Commission are not placed in set positions, and was a random placement of Allen Douma in Mr. Swales seat. He explained that he has given these appointments a lot of thought and noted he had attempted to meet with Mr. Swales when making this decision. Mayor DeBoer noted the controversy surrounding Mr. Swales initial appointment and explained that he had received several emails from citizens who were opposed to his appointment and concerned with his objective. He also stated that the perception Xhat someone could have a bias in a quasi-legal matter could put the City at risk. Councilor Hartzell invited the Mayor to respond to the questions raised by the public. Mayor DeBoer stated if there is a person sitting on the Planning Commission, and they are perceived to have a bias, that puts the Planning Commission at risk. He explained that every citizens who goes in front of the Planning Commission needs to be provided a fair and unbiased opinion based on the information presented. City Attorney Paul Nolte clarified that any person appearing before the Planning Commission is entitled to a fair and impartial tribunal. If a commissioner has such a bias that it does not matter what evidence comes before them, and the decision has been made prior to the hearing, then the applicant appearing before the commission has been deprived of that fair hearing. Mr. Nolte added it is very difficult to prove such a bias exists. Councilor Morrison spoke on the number of commissioners requesting appointments and noted that Mr. Swales is the only person who requested a re-appointment who did not get it. Morrison commented that Mr. Swales is hardworking, and although he does irritate some people, this is not a good enough reason to not appoint him. Morhson noted he had contacted three Planning Commissioners to get their input on the appointments, and explained that he has not heard grounds that would warrant the non-appointment of Mr. Swales. Morrison stated that he does not feel the appointments by the Mayor are the best appointments for the Commission, and he cannot support them. Councilor Heam explained that when he was first acting as the liaison to the Planning Commission, he received calls from the other commissioners who were concerned with Mr. Swales. Because the Planning Commission is a quasi-judicial body, some people were concerned with the possibility of a bias. Heam stated the bigger question issue here is for the Council to remember their role. They can either approve or reject the Mayor's appointments. Heam noted the commissioners should have nothing to do with construction, land use, development, or .real estate, and this is why, as Morfison asked, they cannot appoint someone with more experience. Those with the most experience are the most likely to have conflict of issues. Heam stated it is not up to the Council to decide who should sit on the various commissions. Councilor Laws shared his past experience as a councilor, and noted that the boards and commissions are rarely representative of the entire community. Laws explained that the Mayor gets the most votes during an election in comparison to any other elected position and therefore best represents the majority of the community. He explained the role of the Council is to ensure that there are no blatant appointments made and they should only reject the Mayor's appointments if there is an obvious problem with that person. Laws stated that people have the right to expect an unbiased commission and feels it is necessary to respect the Mayor's judgment. Councilor Hartzell stated they are on shaky ground assigning such labels as 'activist'. Hartzell stated this discussion is helpful and does not want the media to cast an image on Mr. Swales that he has some form of bias and this was the reason he was not appointed. Hartzell asked the legal staff if they had any evidence of Mr. Swales putting the City in jeopardy because of his role on the commission. Ashland City Council Meeting April 20, 2004 - Page 4 of 8 City Attorney Paul Nolte stated there are several examples, although he is not responsible for accumulating those. He explained that when Mr. Swales fa-st began on the Planning Commission, it was evident that he was using evidence not in the record to make his decision. At that time, they had counseled with Mr. Swales and explained the requirements for sitting in a quasi-judicial capacity. Mr. Nolte stated he believes there have been subsequent times when ex parte contact occurred, even up to and including the last hearing held before the Council. Mr. Nolte stated he has learned of these instances, but does not keep a record of them. If asked, he is sure they can find several times where the bias of Mr. Swales was fairly evident in several of the matters he handled. Councilor Hartzell commented on the Way the Mayor's aPpointments are made, and whai message this is communicating to the public. She noted that if Mr. Swales is not re-appointed, she wanted to ensure the public that his voice and perspective are not less valued. Mayor DeBoer stated the Planning Commission is the only commission or committee that is quasi-judicial, so it is different from the rest of the commissions. He does not mean, when he says 'activist' to mean it in a negative way. Mayor DeBoer explained his criteria for the appointments, stating he was looking for three non- builders, and non-people in the profession who represented the citizens. He also noted the state law, which requires that no more than certain amount of a specific profession can be on the commission. Mayor DeBoer stated these decisions needed to be made and he tried to do the best job. He also noted that he had asked the Councilors to reply after sending them his proposed appointments. Councilor Morrison stated that one his issues is that two of the applicants are appointed to two commissions, and feels this is a burden to place on someone given the extent of work needed for the Planning Commission. Morrison noted that Dave Williams states in his application that he tends to oppose high-density residential projects other than those that might be required by Oregon law. Mon-ison feels that Mr. Williams should be held to the same standards that Mr. Swales is being measured against. Morrison suggests that the Council approves the other commission appointments, and ask that the Planning Commission appointments go back to the drawing board. He further clarified his rational stating one of the applicants seems to have a predisposition against high-density residential housing, one other person does not seem to have any background at all and the last applicant is on two different commissions and does not have any background in this area. Morrison stated that the Mayor's appointments to the Planning Commission send out the wrong message to the community, and he believes there are better candidates out there. Councilor Jackson/Hartzell m/s to approve Mayor's appointments other than the Planning Commission, and include th~additional appointment to the Bike & Pedestrian Commission. DISCUSSION: Councilor Heam stated there seems to be two competing issues, 1) Mr. Swales reappointment to the Planning Commission, and 2) the background of the three people being proposed by the Mayor. City Attorney Paul Nolte stated most people do have biases that they bring to the table, but as long as you can set those aside and make a decision based on the criteria, then you are fine. Mr. Nolte added that the end of Mr. Williams statement reads "other than those that might be required by Oregon law", which sustains that he is going to apply the law despite any bias against high-density. Councilor Amarotico commented that someone serving on two commissions should not be criteha for not confirming their appointment. Amarotico stated he will not support the motion and feels all of the proposed appointees are qualified. Mayor DeBoer noted that the sitting chair of the Planning Commission is required to sit on the Conservation Commission, by ordinance. He also clarified that some of the double appointments were done because he felt there is a good tie between the two, and gave an example of the double appointment to the Bike and Pedestrian Commission and the Traffic Safety Commission. Voice Vote: All AYES. Motion passed. Councilor Laws/Amarotico m/s to approve the Mayor's appointments to the Planning Commission. Ashland City Council Meeting, April 20, 2004 - Page 5 of 8 Voice Vote: Laws, Amarotico and Hearn, YES. Hartzell, Jackson and Morrison, NO. Motion failed 3-3. City Attorney determined that the Mayor is not allowed to vote. Council took a break in order to allow the City Attorney to confirm the Mayor's inability to vote. Mayor DeBoer stated the Council needs to make a decision, explaining they cannot leave the Planning Commission sitting with only 6 members. Councilor Laws motions for the Council to interpret the Ordinance allowing the Mayor to vote in the case of a tie. Motion dies dues to lack of a second. Mr. Nolte exPlained that it is his opinion that the Mayor cannot vote in ~his matter. He further explained that an interpretation could be made unless it changes the meaning of the ordinance. Council discussed whether it was urgent to come to a decision tonight. It was mentioned that the Mayor could come back with new appointments to the Planning Commission at the next scheduled Council Meeting, which would still be before the commissions next meeting on May 11. Councilor Amarotico/Hearn m/s to approve the appointments of Allen Douma to replace Raymond Kistler and Doris Mannion to replace Cameron Hanson to the Planning Commission. Voice Vote: Amarotico, Laws and Hearn, YES. Jackson, Hartzell, Morrison, NO. 3-3 Motion Fails. PUBLIC HEARINGS (None) PUBLIC FORUM Mica Cardillo/Address Unknown/Encouraged the public to attend the Earth Day Event, this coming Saturday at North Mountain Park. Fred Caruso/102 Garfield #15/Spoke regarding health and sanitation. Proposed mandatory audible waming devices for drivers on bicycles and suggests the banning of gas powered leaf blowers in the City. UNFINISHED BUSINESS (None) NEW AND MISCELLANEOUS BUSINESS 1. Ratification of Labor Contract between the City and the Ashland Police Department. Councilor Laws/Jackson m/s to authorize City Administrator to sign the labor contract, ratifying the tentative agreement reached in negotiations. Voice Vote: ali AYES. Motion passed. 2. Strawberry Lane Property Partition - Proceeds of sale to fund Housing Trust Fund: Update on Planning Process. Community Development Director John McLaughlin presented the staff report and recommended that the Council consider the requests of the concerned citizens of the upper Strawberry Lane neighborhood. Mr. McLaughlin explained that this is a land use application, and that he is before the council tonight as the applicant for the partition. He asked the Council if they would like to make any modifications to the application before it moves forward to the Public Hearing scheduled for May 11. Councilor Heam noted there had been discussion amongst the neighborhood that the partition would result in 1 acre lots. Mr. McLaughlin explained the neighborhood never reached a consensus. He also stated that based Ashland City Council Meeting April 20, 2004 - Page 6 of 8 on the neighborhood the .5 acre lot size, which would result from the partition, is not inappropriate for the neighborhood. Council discussed the 5 conditions suggested by the residents of the neighborhood. Mr. McLaughlin clarified the City does not require building envelopes with minor land partitions, unless it is in a sensitive lands area. Councilor Laws noted that 6 of the lots closest to the proposed partition are .5 acre or less. Mr. McLaughlin clarified that the ordinance states that if it appears that a section of land is ultimately going to be developed as a full subdivision, then the City can require all the conditions imposed for a larger subdivision. Mr. McLaughlin explained the reason for this is because people use to divide off lots in a way that skirted having to build a new road. The difference here is that the property is on a comer lot, it is relatively small, and has · fully improved streets on two sides. Mayor DeBoer stated it is his hope that someone will come forward and purchase the 3rd one-acre lot, before it is partitioned into two. Councilor Jackson questioned why they didn't just do the partition into 4 lots now. Mr. McLaughlin explained that the base density in the RR.5 is 1.2 units per acre, which would only allow two houses on this property. By creating 3, there is one lot that either the City or an individual could partition after 12 months time. Mr. McLaughlin clarified that Staffneeds to know if the Council wants to make any modifications based on the concerns that were raised before this application moves forward. Councilor Amarotico/Jackson m/s to extend meeting past 10:00 p.m. Voice Vote: all AYES. Motion passed. Ron Roth/6950 Old Hwy. 99S/Stated he is very supportive of this project, and commented that a private developer would follow the same procedure as staff is proposing. He stated the lot sizes are compatible with the rest of the neighborhood, and he is in favor of the Mayor's idea of selling off the 3rd parcel as a whole. Mr. Roth urged the Council to move forward with bringing this before the Planning Commission. He also strongly encouraged the Council to strengthen their commitment that the funds resulting from the sale of the property are dedicated to affordable housing and that it is a restricted fund and cannot be borrowed for any purpose. Council consensus to allow this application to move forward. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Reading by title only of "A Resolution Creating the Charter Review Committee." Management Analyst Ann Seltzer stated thc Charter Review and Update is a current council goal and provided a brief synopsis. Ms. Seltzer explained that normally you would not need a resolution for the formation of an Ad Hoc Committee, but it has been proposed in this process to create a historical paper trail. She explained the drafts provided in the packet are based on input from Sandra Arp, information from the National League of Cities, and examples from other cities. Staff has put forward several discussion points for the Council to review, including: 1) Public Input, 2) Appointment of the Committee, 3) Timeline and Meeting Frequency, and 4) Extent of Review. Councilor Hartzell explained her list of comments which were presented to the Council, and are included in the record. Councilor Jackson voiced concems with the timeline, and questioned if the proposed schedule was reasonable. She stated it is important to take input from the public at an early point, and explained that her primary concern was regarding the pressure of completing the review within five months. Jackson commented on the Ashland City Council Meeting April 20, 2004 - Page 7 of 8 committee starting with the model charter, and if they feel that existing elements of the charter should remain then those aspects can be incorporated. Councilor Heam also expressed his concern with the rigorous schedule, and the type of applicant that would be able to adhere to such a schedule. Councilor Laws stated one of the reasons they wanted to have the Charter Review completed by the fall election was to look at the relationship between the Mayor and the City Administrator. If they are going to change the duties of the Mayor in any way, it should not be done fight after a new Mayor has been elected. If the process cannot be completed by November, the most- appropriate option would be to wait until the Mayor's term has ended, which would be ano!her 5[ year.s.. Councilor Laws raised the question of the appointments, stating he does not believe they want volunteers. He explained that in this case he does not believe they want a representative committee, but rather a prestigious and intelligent committee. He feels the appointments should be made by the Mayor, and the Council should be participatory in submitting recommendations to the Mayor. Councilor Morrison stated his suggestion would be to have an all inclusive application process, and then have the Mayor and two other persons review the applications and determine the members of the committee. He explained that having weekly meetings will maintain the momentum, and although he does not believe they will be able to have the review completed in time for the fall election, he still feels this is the best method to achieve results. Councilor Hartzell stated she is straggling with the Mayor making the appointment of the committee chair, and suggests that the committee make their own recommendation. She believes the committee needs to be transparent, and the meetings should allow the public to attend. Hartzell noted the committee needs to keep in touch with the wants of the community. Mayor encouraged councilors to come up with some writing and make some decisions. o Reading by title only of "A Resolution dedicating Property for Open Space Park Purposes Pursuant to Article XIXA, Section 2, of the City Charter (Zaller and Geddes Property located at 755 Oak Street)." Councilor Hartzell/Hearn nas to approve Resolution #2004-08. Amarotico, Jackson, Morrison, and Hartzell, YES. Motion passed. Roll Call Vote: Hearn, Laws, OTHER BUSINESS FROM COUNCIL MEMBERS Councilor Hartzell noted the police dispatch has moved to Medford, and there is a going away celebration scheduled for April 26th, in the Council Chambers. ADJOURNMENT Meeting was adjourned at 10:26 p.m. Barbara Chfistensen, City Recorder Alan DeBoer, Mayor ° Z PROCLAMATION · Our society, already stressed over inter- and intrapersonal issues, would benefit from an awareness of mental health, as demonstrated by the effects of 9/11. · People need to recognize the difference between the lack of mental health and the process of creating mental health. · Cultivating this awareness could help people avoid the consequences of untreated anxiety, untreated depression and physical deterioration. · The clearer a person's thought process is, the more opportunity he or she has to deal with and grow beyond the stressors, and thus help to prevent the occurrence of domestic violence, child abuse and family instability. · Focusing and preparing for Mental Health Awareness can help transform a perception of emotional deprivation and vulnerability into a perception of emotional prosperity and effectiveness. · The vehicle for promoting Mental Health Awareness can take the form of a United States Postage Stamp, and every citizen could benefit from this constant reminder. NOW, THEREFORE, the City Council and Mayor, on behalf of the citizens of Ashland, hereby proclaim May, 2004 as MENTAL HEAL TH AWARENESS MONTH and urge the citizens of Ashland to join in this observance. Dated this 4th day of May, 2004. Alan DeBoer, Mayor Barbara Christensen, City Recorder PROCLAMATION Historic preservation is an effective tool for managing growth, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability. The historic houses and buildings of Ashland help make our City unique _and provide links with aspirations and attainment of the City's pioneers and their descendants. · These fine examples of Nineteenth and Twentieth century buildings contribute to an appreciation of our heritage. · Historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds. · It is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people. "New Frontiers in Preservation" is the theme for National Historic Preservation Week 2004, co-sponsored by the City of Ashland's Historic Commission and the National Trust for Historic Preservation. NOW, THEREFORE, the City Council and Mayor, on behalf of the citizens of Ashland, proclaim May 3 - 9, 2004 as "National Historic Preservation Week" and call upon the people of the City of Ashland to join their fellow citizens~cross the United States in recognizing and participating in this special observance. Dated this 4th day of May, 2004. Alan W. DeBoer, Mayor Barbara Chfistensen, City Recorder PROCLAMATION · Public works services provided in our community are an integral part of our citizens' everyday lives. The support of an understanding and informed citizenry is vital to the efficient operation of the public works systems and programs such as water, sewers, streets, and highways, public buildings, and solid waste collection. · The health, safety and comfort of this community greatly depends on these facilities and services. · The quality and effectiveness of these facilities, as well as their plarming design, and construction, is vitally dependent upon the efforts and skill of public works officials. The efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform. NOW, THEREFORE, the City Council and Mayor, on behalf of the citizens of Ashland, hereby proclaim the week of May 16 - 22, 2004 as "NATIONAL PUBLIC WORKS WEEK" in Ashland, and call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. Dated this 4th day of May, 2004. Alan DeBoer, Mayor Barbara Christensen, City Recorder PROCLAMATION · Forty four million Americans do not have health care coverage. · Eight out of ten of the uninsured are in working families that cannot afford health insurance and are not eligible for public programs. · Uninsured Americans live sicker and die younger because they are forced to go without the health care they need. A slow economy, higher unemployment and rising health costs mean that more Americans are becoming uninsured in our community. NOW, THEREFORE, the City Council and Mayor, on behalf of the citizens of Ashland, recognize the urgency of seeking solutions to one of America's greatest problems, and hereby proclaim May 10 - 16, 2004 as COVER THE UNINSURED WEEK "Let's Get America Covered" Dated this 4th day of May, 2004. Alan DeBoer, Mayor Barbara Christensen, City Recorder National Library Week and School Library Media Month are national observances sponsored by the American Library Association and school libraries across the country. Our nation's libraries are changing and dynamic places and librarians are the ultimate search engine, helping people of all ages find the information they need in 'print and online. Our nation's libraries are key players in the national discourse on intellectual freedom, equity of access, and narrowing the "digital divide". School Library Media centers throughout the State of Oregon have joined the American Library Association in celebrating April 18- 24, 2004 as National Library Week. Ashland's Schools and Ashland Public Library join together in celebra, ting the importance of school library media centers and the contributions of our libraries and librarians. · Ashland's School Library Media Program offers an environment conducive to reading and learning, critical thinking, creative expression, investigation and research, and curriculum development and enhancement. · The theme for the month is "~ Your Library" - with emphasis on increasing public awareness and support for the library and for school librarians for the key role they play in our lives. NOW, THEREFORE, the City Council and Mayor, hereby proclaim that the City of Ashland joins with cities across the nation in declaring April "SCHOOL LIBRARY MEDIA MONTH" and ask that all citizens join us in supporting the aims and goals and heightening the awareness of the importance of our school and public libraries. Dated this 4th day of May, 2004. Barbar-'-----~ Christensen-------'-~ ~-~ Recorde-----~ Ashland Traff, c Safety Comm,ssmon Minutes Members Present: Doris Mannion, Terry Doyle, David Chapman,, Patti Busse, William Snell, Don Laws, ]im Green Staff Present: Dawn Lamb, Officer Tom Cook, Ray Smith Members Absent: Corey VanLandingham, Keith Massie Pam Hammond II. III. CALL TO ORDER APPROVAL OF MINUTES: February 26m Minutes approved with changes. RETIRING OF BILL SNELL - Patti Busse thanked Bill Snell for his many years of service to the community and for his dedicated service for the last six years to the Traffic Safety Commission. be missed. ITEMS FOR DISCUSSION: A, PUBLIC FORUM ITEMS: None He will B. REVIEVV OF TRAFFIC REQUESTS / PROJECTS PENDING/ACTION REQUIRED 1. Results of North Main/East Main / Lithia Way Speed Study Over a year ago at the request of this commission, staff transmitted a request to ODOT to reduce the speed limits on several sections of North Main / East Main and Lithia Way. A copy of ODOT's study has recently been received along with recommended changes. Following is a summary of our previous request and ODOT's recommendation for the sections of street: NORTH MAIN STREET - CITY LIMITS TO SHERIDAN STREET Existing Speed Requested Speed ODOT Recommended Speed 40 mph 40 mph 40 mph NORTH MAIN ST - SHERIDAN STREET TO GRANT STREET Existing Speed Requested Speed ODOT Recommended Speed 40 mph 30 mph 40 mph Existing Speed 30 mph NORTH MAIN ST - GRANT ST TO MAPLE ST Requested Speed ODOT Recommended Speed 30 mph 30 mph Existing speed 30 mph NORTH MAIN ST - MAPLE ST TO HELMAN ST Requested Speed ODOT Recommended Speed 25 mph 30 mph EAST Existing Speed 25 mph MAIN ST - HELMAN ST TO GRESHAM ST Requested Speed ODOT Recommended Speed 20 mph 20 mph LITHIA WAY - EAST MAIN ST TO HELMAN ST Existing Speed Requested Speed ODOT Recommended Speed 25 mph 20 mph 2_0 mph One recommendation to ODOT that was not accepted was the creation of a 25 mph speed zone between Maple Street and Helman Street. Our reasoning for this zone was to provide additional safety in the school zone near Briscoe and to slow traffic near the problematic intersection of Wimer and North Main. Although Briscoe is no longer a public school, it has a similar usage. The Wimer / North C:\WINDOWS\TEMP\March 25 04.doc Page i of 5 Hain intersection still has the highest accident rate in the City. A slower speed in this area may reduce the crash rate. We have 60 days to appeal ODOT's recommendation and if the commission elects we can ask ODOT to reconsider the speed recommendation in the section of North Main between Maple and Helman Streets. Discussion: Chapman would like staff and the commission to challenge this recommendation. There is not enough room for bikelanes and the speeds make it dangerous for pedestrians and bikes. There are future developments on Grant Street that will effect the congestion the North Main area. Smith would like to challenge, the Section B recommendation. This area could be 25 IVlPH for a smoother transition and make the Wimer intersection safer. Green feels comfortable with the current speeds on North Main. Mannion felt that pedestrian traffic beyond Maple was Iow because there is no destinations for pedestrians in that area. Chapman feels that pedestrians avoid the area because there is no safe way to cross the streets. Chapman voiced that ODOT bases their reports on the 85th percentile which works for highways, not on streets. ]If you have pedestrians and bicyclists these speeds make the bicyclist unsafe and uncomfortable. Mannion feels the bikepath could be utilized for bicyclists. Chapman countered that bicyclists on North Main have to go back through town to Laurel Street to access the bikepath. Doyle looked at the pedestrian accident count on the ODOT report and sees a high concentration of pedestrian accidents in Section C (Helman to Gresham) but not many accidents in the other sections. Busse asked what the likelihood of changing ODOT's recommendation would be if we challenged the report? Smith was not sure. Chapman asked if we did not challenge how soon it would be until the recommendations were put into effect, especially the ones through downtown. Smith will ask if those recommendations could be accomplished sooner. Decision: Laws moved to have staff challenge the recommendation and resubmit our original recommendations. Seconded by Doyle, in favor, Mannion, Snell, Doyle, Chapman, Laws and Busse; Green opposed. 2. Request for Stop Sign on Westwood Street & Orchard Street David Chapman asked for staff to look at the intersection of Westwood and Orchard Streets. reported that many drivers disregarded the yield sign and that the intersection was becoming problematic. He The intersection of Westwood Street and Orchard Street was improved approximately 10 years ago when a single yTeld sign was installed on Westwood Street. The alignment and configuration brings about some site restriction problems at the southwest corner. The intersection is further complicated by the curved alignment of Orchard Street and to some degree Westwood Street. The traffic volume on both streets is extremely Iow and is probably the sole reason this intersection does not have a crash record. The visibility blockage at the southwest corner could be improved by some evergreen removal, but not completely solved. The 3' high bank, unless continuously trimmed and the location of a power pole and utility closure will continue to create a vision blockage. Because of the Iow traffic volumes through this intersection, it is difficult to determine with any degree of accuracy the predominate movement. Even though the volume is Iow, there are a number of unusual conditions which combine to make this a problematic intersection. Staff recommends the following actions be taken: 1. The property owner at the southwest corner of the intersection should be contacted and requested to remove vegetation within the 25-foot vision clearance triangle. 2. Replace the existing yield sign with a stop sign. C:\WlNDOWS\TEMP\March 25 04.doc Page 2 of 5 Discussion: The build out of the Strawberry Meadows Subdivision will effect this location also. vegetation will help some but the corner is plagued with problems. Clearing the Decision: Busse moved to accept staff recommendation of having the property owner at the southwest corner contacted about removing vegetation and having the yield sign replaced with a stop sign. Seconded by Snell, passed unanimously. 3. Request for Stop Sign on Jefferson Street at Washington Street Tanya Aziere, 245 Tolman Creek Road #17, suggested that the existing' yield sign' on Jefferson Street at Washington Street be replaced with a stop sign. Ms. Aziere works in a nearby building and has observed several near crashes. She has noted that the traffic on Jefferson Street commonly fails to yield causing some near misses. This intersection is a standard T-intersection, with a large commercial driveway on the north side of Washington Street that functions similar to a fourth leg on the intersection. The driveway is aligned with Jefferson Street and, as with all driveways, a stop is required of motorists entering the intersection from the drive. The driveway serves a large commercial/medical subdivision being developed. Currently this driveway has little impact on the intersection, but usage is expected to increase greatly within the next few years. This drive is one of only two entrances to the development. Currently the predominant traffic movements are into and out of Jefferson Street, which is a dead end street, from Washington Street. Washington Street, just west of the .lefferson Street intersection has the highest volume of traffic. Nearly ninety-eight percent of the traffic exiting Jefferson Street turns left onto Washington Street. Sixty-seven percent of the eastbound traffic on Washington Street turns right onto Jefferson Street. Since the most common traffic movements through the intersection are turns into and out of Jefferson Street many drivers fail to anticipate the through movement on Washington Street. Drivers at the yield position often do not take time to determine if the approaching traffic might travel past Jefferson Street rather than turning right as the majority of the traffic does. Staff feels that a stop sign installed in place of the yield sign would provide the added delay required to make this a safer intersection. Traffic volumes have increased in this area and warrants are now met for the installation of a stop sign. Discussion: - Commission agrees that this area is growing rapidly. Decision: Snell moved to accept recommendation to install a stop sign, seconded by Doyle and voted in favor unanimously. 4. Request for Crosswalks & Signs in the Mountain Meadows Retirement Community A letter from Sharon Slack, President of the Hillside Condominiums Homeowners Association requested several additions to Mountain Meadows Drive area. A stop sign to be installed on Plum Ridge Drive at Mountain Meadows Drive. :Installing two street lights along Mountain Meadows Drive. Painting five marked crosswalks across Mountain Meadows Drive. Each of these requests will be addressed individually in the following communication: C:\WlNDOWS\TEMP\March 25 04.doc Page 3 of 5 A. Request For Stop Sign on Plum Ridge Drive at Mountain Meadows Drive A similar request was considered by TSC at its December 4~ 2003 meeting when the commission heard a request for a yield sign at this location. The commission decided to delay adding traffic controls at the intersection for a period of one year or more following the development of the Meadowbrook Park Subdivision which will add over 100 new lots and seven new streets to the area. It is anticipated that the commission will wish to apply the same conditions to this request. B. Request For Additional Street Lights This request should be directed to the City Electric Department. The Electric Department will require the association pay for the new lights and provide for all conduit installations including any and all trenching and backfill.. C. Request For Crosswalks The map provided by Ms. Slack requests that crosswalks be marked across Mountain IVleadows Drive at the following five locations: 2. 3. 4. 5. South of Fair Oaks Drive On the south side of Stony Point Drive On the north side of Cobblestone Court On the north side of Boulder Creek Lane (north section) On the north side of Boulder Creek Lane (south section) All intersections include crosswalks whether marked or not. City policy does not allow for marking of crosswalks except where justified by the following conditions: On arterials and major collectors; in school zones; in areas of concentrated pedestrian usage such as a park; in commercial areas where pedestrian usage is high. The City seldom marks crosswalks in residential districts. As we all know, marking a crosswalk does not necessarily make it a safer crossing for pedestrians and in some instances may actually make it more hazardous for the user. Staff recommends that the City not install these crosswalks as requested, however, if the condominium association would wish to fund the crosswalks at $175 each crossing the following locations would be considered: 1. At Fair Oaks Drive on the south side of the street. All marked crosswalks must include approved handicap access ramps. The crosswalk must exit onto a sidewalk (not in a driveway section) and must include ramps on both sides. 2. At Boulder Creek Lane (north section) on the south side of the street between existing curb ramps. 3. At Boulder Creek Lane (south section) on the south side of the street between existing curb ramps. All markings must be in thermoplastic material which has a life expectancy of over 5 years. It should be highly stressed that the markings of crosswalks may have NO positive impact on pedestrian safety. Staff reported that they had forwarded this request to the Electric Department for the street light addition. If Hillside Condo Association agrees to the funding that can be installed but they will need to get in touch with the Electric Department. The Plum Ridge Drive request was delayed once before and the development will have impacts on the future usage of the intersection. The crosswalks were looked at for functionality as well as meeting code requirements. Speed studies show that Mountain Meadows has the lowest speed in the city. The average speed is :~6 MPH. The traffic volumes are very Iow in this area. The installation of the crosswalks that are in approved locations will need to be thermoplastic markings and funded by the Hillside Condo C:\WINDOWS\TEMP\March 25 04.doc Page 4 of 5 Association. The street department will be able to install them for the association. The cost for the three crosswalks would be approximately $175 each. Sharon Slack, Hillside Condo Association, 799 Roca Street, this association has recently taken possession from the developer and are unaware of previous requests. She did not realize that some of these requests were duplicate. They would like the light to be installed because there is a dark area. The lights are on a hill and around curves so this area is not as illuminated. She will return to the Association to see if they have funding for the crosswalks and the light. Chapman asked if the curb cuts on Plum Ridge could be painted. People are parking in front of them. Laws asked what the usual policy on street light installation was for the City. The lighting is considered during the development phases of the subdivisions and usually there is anywhere from 300 to 500 feet in between. Smith agreed that this location does have some physical constraints for the illumination. Busse asked if the lighting could be brighter to accommodate older eyes. Smith does not know what the exact wattage or voltage but we do have to be wary of complaints of light pollution. Decision: Snell moves to accept staff recommendation of allowing the three approved thermoplastic crosswalks, one at Fair Oaks Drive; one at Boulder Creek Lane north section; and one at Boulder Creek Lane south section if they can be funded by the Hillside Condominium Association. Seconded by Chapman and passed unanimously. Follow-Up On Previous Actions: Traffic Safety Education 1. Legal Aspects of Traffic Safety, April ]14, OSU 2. Safety Analysis & Evaluation, May 25-26th, OSU Eo Development Review 1. Bike & Ped Commission Agenda 2. Planning Commission Agendas 3. Hearings Board Agenda Capital Projects Update- Other 1. Jackson County Project Schedule for 2004-2005 2. City Source Message 3. Posting of Personal Email - Commissioners were fine with having emails posted. 4. Downtown Parking Limits Resume 5. Other- Doyle asked if the sidewalks could be re-stenciled "pedestrians only". Staff encouraged him to call the street department and see if this could be done by a citizen. - Officer Cook informed commission that the grant monies for the pedestrian safety operations had been received and the operations were being scheduled for April. - Green asked if our police officers ever did televised call in shows similar to the ones aired in Medford; Officer Cook could ask, but currently no. Adjourned 8:10 PM C:\WINDOWS\TEMP\March 25 04.doc Page 5 of 5 Office of the Mayor Alan ~. DeBoer MEMORANDUM DATE: TO: FROM: RE: April 28, 2004 City Council Members Mayor Alan DeBoer Appointments to Planning Commission May 4, 2004 Council Meeting At the April 20, 2004 City Council Meeting, council discussed the three Planning Commission appointments whose terms expire April 30, 2004. Additional time was requested by council to review all applications received in response to the advertisements for vacancies on the Planning Commission during the past year. All applications were provided to city councilors with a request for input by April 27, 2004. Based on council input, the following are my appointments to the Planning Commission: · Appointment of Allen Douma for a term to expire April 30, 2008 in place of Raymond Kistler. · Appointment of Olena Black for a term to expire April 30, 2008 in place of Cameron Hanson. · Appointment of David Williams for a term to expire April 30, 2008 in place of Colin Swales. In accordance with Section 2.04.080 of the Ashland City Code, ! request confirmation from City Council of the above-mentioned appointments. City of Ashland · 20 East Main Street · Ashland, OR 97520 · (541) 488-6002 · Fax: (541) 488-5311 · Email: awdb@aol.com CITY OF SHLAND Draft ASHLAND HISTORIC COMMISSION Minutes April 7, 2004 Community Development/Engineering Services Building - 51 Winburn Way- Siskiyou Room Historic Commissioners Present: Chair Dale Shostrom, Keith Swink, Tom Giordano, Alex Krach, Joanne Krippaehne, Jay Leighton, Rob Saladoff, Terry Skibby and Sam Whitford. Absent Members: None Council Liaison: John Mordson (absent) Hi.qh School Liaison: None Appointed SOU Liaison: None Appointed Staff Present: Associate Planner Mark Knox and Secretary Sonja Akerman CALL TO ORDER At 7:05 p.m., Chairperson Dale Shostrom called the meeting to order. APPROVAL OF MINUTES Krippaehne moved to approve the March 3, 2004 minutes as submitted. With a second by Saladoff, the motion was approved with all voting aye. PUBLIC HEARINGS Planning Action 2004-026 Site Review 81 Central Avenue Wes and Lucinda Vail All members had site visits; none had ex parte contacts. Knox briefly reviewed the Vails' presentation to the Historic Commission during the March meeting. Their proposed building will be a two-story, mixed-use structure. The narrow property is part of the old rail sPur that connected downtown businesses with the main Southern Pacific Railroad line. A,1,792~square foot apartment will be on the second floor and the first floor will consist of 1,781 square feet that will be :for commercial use. A 423 square foot garage on the first floor will provide parking for the apartment and the base for a deck. An existing alley at the rear of the property with access off Helman Street will be improved and paved to City standards to the end of the applicants' property. The remainder of the alley right-of-way to Water Street is very steep and will not be improved. This alley will provide access to the angled parking area for the property. There will also be one space in the garage and one behind the garage. Knox said the design of the building is traditional arid similar to the one the Vails built on Van Ness Avenue. There is deviation to the front of the building and on the downhill side. The entry to the. apartment is in the front of the building off Central Avenue. The entry on the Iow side of the building will lead to the commercial space. Landscaping will complement the second floor apartment on Central Avenue as well as the commercial area below. He stated the Historic Commission had concerns last month about the siding material but after researching the durability and cost of wood shingles, the owners have decided to use the natural color hardi- shingles. Staff feels the application meets the Site Design & Use Standards and is recommending approval. One of the conditions of approval is that all recommendations of the Historic Commission be incorporated into the building plans and that such plans shall be reviewed by the Review Board and approved by the Staff Advisor. Ashland Historic Commission Minutes April 7, 2004 CiTY OF kSHLAND Owner/Applicant Wes Vail clarified the two issues of concern during the last Historic Commission meeting were the material for the siding and the plainness of the west side of the building. A band around the middle of the building has been integrated into the design. The cornice line will also go around the entire building. Vail said he feels strongly that the hardi-shingles are the only way to side the building. He has investigated the cost of installing redwood shingles and received an estimate thai: would cost him between $175-200,000. Fie was also told that that if second growth redwood is used, the building would most likely need to be painted after about four years and that the shingles tend to curl after approximately five years. He would like to paint the exterior with a darker color. Hardi-shingles will hold the paint and their shape. Skibby asked about the spacing of the shingles. In response, Vail passed around a Hardi-panel brochure and pointed out the two styles of the shingles, noting he would like to use the "staggered" style. Giordano questioned the smallness of the pediment over the entry door to the apartment, saying that to him, it should be more generous. Knox noted that since it is not the entry to the commercial portion of the building, it would be best to keep that entry on the smaller side. Vail passed around a photograph of a building that he modeled the design and material after and said he would agree to make the entry broader and use a wider door. Vail said the door will also be inset about two feet. Skibby stated the Site Design & Use Standards encourages a strong sense of entry so he agrees the entry may look better a little larger. Whitford stated he feels the entry will stand out more when it is actually built, especially since the trim will be painted a different color. Swink agreed. Giordano suggested they study the prospect of making the entry more substantial to see what it would look like. Shostrom commented the added design elements make a nice continuation. Krippaehne stated the Vails have done a good job in being responsive to the Historic Commission comments. However, she will vote against it as a token expression in getting away from traditionally designed buildings. She explained she has a philosophical aversion to creating new buildings with traditional styles. The style proposed by the Vails for this new building is not found in many historic buildings in Ashland. It represents a bit of a degenerate style. In her perspective, she sees a problem with introducing new buildings with older styles. She would like to see the Historic Commission discourage applicants from bdnging in other styles like this to Ashland and would like to see instead designs that are more compatible with the Historic District. This will be a symbolic vote on her part. Discussion ensued regarding the size of the shingle exposure after Vail passed around pictures of the hardi- shingle matedal on existing homes. Vail said in his research, different colors of paint showed the gaps differently. He would like to paint the building a dark color and use a narrower exposure. Whitford suggested using straight shingles with no more than a 6 inch exposure. Giordano suggested painting the building first with a darker color, then applying a thin layer of a lighter color for highlights. The Commission agreed the exposure should not ~be more than 6 inches. Vail asked about the shingles, stating he would prefer to use the four-foot panels,:The Commission agreed the panels could be four feet, also that they should be textured and straight across with no staggers. When asked about the windows, Vail said he would like to use double hung vinyl windows that are dark brown clad. In discussing this, it was noted that the dark color was no longer available in the vinyl windows, only white and almond. The Commission agreed the Vails should use clad windows rather than vinyl in order to avoid the light color, which would precipitate changing the color of the building to much lighter tones. Vail asked about the use of new windows with mullions that have shadow lines. Shostrom stated the Commission typically suggests windows with mullions built in not be used because they are imitations. Real mullions, however, would be fine. Shostrom opened, then closed the public hearing because there was no one in the audience to speak either for or against the application. Giordano commended the applicants for a great job in the design of the building on such a difficult site. Ashland Historic Commission Minutes April 7, 2004 2 CiTY OF -ASHLAND Giordano then moved to recommend approval of this application to the Planning Commission with the foflowing suggestions: 1) the shingles have no more than a 6 inch exposure - 4 foot panels are alright, 2) the shingles be straight, not staggered, 3) the owners look at different kinds of paint- for example, a darker base coat and a thin layer of a slightly lighter color, 4) the owners look at making the apartment entry on Central Avenue slightly larger, 5) almond or white colored vinyl windows will not work with the design and color of the proposed building - the owners should use clad double hung windows so they will be darker, and 6) unless the owners use windows with real dividers, the windows should be unbroken with no mullions. Whitford seconded the motion, which passed with afl voting aye except Krippaehne, who voted nay for the reasons stated above. Planning Action 2004-018 Site Review 322 Pioneer Street Al and Sandra Carlson All members had site visits; none had ex parte contacts. Knox explained there are still issues regarding parking and vision clearance so Staff is asking the owner for a continuance on this Planning Action. Owner Al Carlson and Designer Gary Caperna were in attendance and agreed, stating that based on the parking situation, they now want to make changes also. Since the application will be continued, there was no need for a public hearing, however, Caperna and Carlson asked for Historic Commission input. This Planning Action will come before the Commission in May as a public hearing. Caperna explained the application, as proposed, is for retail space on the ground floor with an apartment on the second floor. The site is odd, thus making it a challenge architecturally. On the recent upgrading of the existing building, Caperna said the general feel of the original building was kept by reusing the siding and keeping it with an industrial look. They don't want the addition to be historically deceptive so they have proposed using unpainted CMU block, with cornices for articulation. The canopies will be the same galvanized metal material as was used on the existing building. He also noted the doors will be recessed 16 inches. Because the owner is unsure what type of business will occupy the space, they would like to be somewhat flexible with regard to the design of the openings. Carlson stated he would like to have one tenant occupy the space rather than to break it up for more tenants. They would also like to keep the apartment if possible. Shostrom asked about the vertical element on the design that had been submitted and Caperna replied it is a galvanized panel projecting from the building with a light behind it that will project up and out. He added the base will be fluted CMU, the main portion of the building will be smooth water table block, and the comice will be split face and smooth CMU. Krach asked about the size of the block and Capema said each block is 8" x 8" x 16". He stated they want to clearly define the new portion from the existing building. Swink related it is not necessary to bring in so much galvanized material to make the addition compatible with the existing building. Saladoff agreed, then added this is an opportunity to think "outside the box" on this project, which would be relevant to Krippaehne's remarks earlier. He said the design that was presented is OK and safe. Caperna agreed the design is benign. Saladoff offered there have been interesting things done in Portland and Seattle with industrial buildings. Skibby conveyed this has always been an industrial area. Leighton commended Caperna for not using canvas awnings. Shostrom remarked the CMU block seems to be the "material of the day." He suggested using a buff color to offset the new portion. The design fits and looks industrial and commercial. He also suggested making the vertical light material smaller in order to look more like sconces rather than an architectural material. Caperna stated if the apartment was removed because of the parking issue, they would still like to keep the same mass and volume of the addition. The Commission commented it would like to see the apartment remain if at all possible. Knox said if the square footage of the apartment were reduced to 500 square feet, the number Ashland Historic Commission Minutes April 7, 2004 3 CITY OF *ASHLAND of required parking spaces would be reduced. Carlson noted he was unsure if a smaller apartment would be worth building. OLD BUSINESS Review Board - Following is the April schedule for the Review Board, which meets every Thursday from 3:00 to at least 3:30 p.m. in the Planning Department: April 8th April 15th April 22nd April 29th Skibby and Krippaehne Skibby, Swink and Whitford Skibby, Giordano, Saladoff and Krach Skibby, Shostrom and Swink Project Assiqnments for Planninq Actions PA #2000-120 PA #2002-100 PA #2003-005 PA #2003-092 PA #2004-017 PA #2004-026 485 "A" Street (Steve Hoxmeier) 142 East Main Street (Earthly Goods) 35 S. Second Street (Winchester Inn) 124 Alida Street (Kirt Meyer and Vadim Agakhanov) 364 Hargadine Street (Ken Kolar) 81 Central Avenue (Wes & l. ucinda Vail) Shostrom Leighton Krippaehne Krippaehne Krach Giordano Carneqie Library Restoration - There was nothing new to report. Possible National Reqister Nomination for Lithia Sprin.qs Property - The Commission was invited to tour the Lithia Springs Property with the Ashland Parks Commission and the Ashland Gun Club on April 22 at 4:30 p.m. National Historic Preservation Week - Knox stated Governor Kulongoski will be in Ashland for the Oregon Heritage Conference and is scheduled to speak at the noon luncheon. Mayor Alan DeBoer will preside over the award ceremony at the new fire station. ITEMS NOT ON AGENDA Leighton asked for volunteers to help her register the people attending the Oregon Heritage Conference and also to help with the bus tour to Jacksonville on Saturday. Knox asked for volunteers to help with the walking tours on Thursday, Friday and Saturday. Krach said he is concerned about the many different designs of street lighting currently being installed in the City (especially new subdivisions) and asked if the City has a lighting plan. Knox responded Scott Johnson in the Electric Department is in the process of heading such a plan. The Commission shared Krach's concerns. ADJOURNMENT It was the unanimous decision of the Commission to adjourn the meeting at 9:35 p.m. Ashland Historic Commission Minutes April 7, 2004 Office of the Mayor Alan ~ DeBoer MEMORANDUM DATE: TO: FROM: RE: April 28, 2004 City Council Members Mayor Alan DeBoer Appointment to Audit Commission May 4, 2004 Council Meeting In accordance with Resolution No. 2003-07 (Resolutions 98-06, 95-24 and 91-16 repealed), voting members of the Audit Committee shall be appointed by the City Council. Roberta Stebbins' position as Citizen-at-Large on the Audit Committee expires April 30, 2004 and she has requested not to be considered for reappointment. In response to advertisements in the Ashland Daily Tidings, postings on the City's Web site and notice board in City Hall, one application was received from Guy Nutter. A copy of Guy Nutter's application is attached. Appointment by the City Council is requested to fill the vacant Citizen-at-large position on the Audit Committee for a term to expire April 30, 2007. Attachment: City of Ashland · 20 East Main Street · Ashland, OR 97520 · (541) 488-6002 · Fax: (541) 488-5311 · Email: awdb@aol.com City Recorder's Office Attention: Fran Berteau 20 E. Main Street Ashland, OR 97520 Guy B. Nutter 1037 Pinecrest Terrace Ashland, OR 97520 541-488-6900 Re: Application for Volunteer Positions March 5, 2004 Dear Fran, Per our telephone discussion, this letter is to let you know that I'm intei'ested in being considered for appointment to one of the following Committees, Commissions or Boards: A. Audit Committee - my first choice B. Building Appeals Board - second choice C. Traffic Safety Commission - a third choice As of April 30, 2004, I will have finished serving a three-year term with the Bicycle & Pedestrian Commission and I'm looking for the opportunity to serve on another volunteer Committee, Commission or Board. I have skills, which will be of value as a volunteer. I am, and have been, an attorney for just under 30 years. While the bulk of my employment as an attorney was in Southern California, I have also worked with the Internal Revenue Service and the Federal Communications Commission in Washington DC. I have also been trained and worked as a mediator, and a small claims judge. The m~ority of my legal career involved corporate reorganizations. That entailed working with businesses facing financial problems and constraints. I have had a considerable amount of hands-on experience utilizing financial statements in locating areas where unnecessary or redundant expenditures were occurring and where cost savings could be implemented. Should you need any additional information, please do not hesitate to contact me. Sincerely, CITY OF , SHLAND Council Communication Title: Dept: Date: Submitted By: Approved By: Charter Review and Update Administration May 4, 2004 Ann Seltzer, Management Analyst Gino Grimaldi, City Administrator Synopsis: At the regular council meeting on April 20, the council discussed the charter review and update from four perspectives and with varying viewpoints including the timeline, conunittee member appointments, extent of review and public input process. Some of the issues raised included the need for an educational component for both the committee and the public, whether it was still possible to have a document ready for the November election, how to recruit committee members and more. Due to the lateness of the meeting, council was unable to complete its discussion of the points listed below and did not reach a consensus on how to proceed. No direction was given to staff. Recommendation: Additional discussion of these key issues is recommended. Suggested Discussion Points: 1) Public input is a critical element to the review of Ire charter. Should public input be expanded beyond hearing public testimony at each meeting? Included in this packet is the Citizen Participation Plan which was adopted by the council in 2001 and serves as a guide for designing and implementing a public input process. Does this plan adequately serve as a guide for the public input process? 2) Appointment of the committee. The draft resolution creating the committee states the "no member shall be appointed who c~rrently holds an elected position for the City of Ashland. The mayor and the council shall make every effort to appoint members who are impartial, non-biased and free of any perceived political gain and have some expertise in the knowledge of local government." How will it be determined if applicants are impartial, non-biased and free of any perceived political gain? Would a formal interview process with set questions be useful? 3) Timeline/Meeting Frequency. The draft timeline calls for weekly meetings of the committee and includes the expectation that work will be completed in time to place a revised charter or amendments to the charter on the November ballot. How important is it that a revised charter or amendments be ready in time for the November elections? How important is it that the committee begin and complete their work within a specific timeframe? (Deadline to submit information to the county for March 2005 election is early January eight months from now and the deadline for May 2005 is early March~10 months from now.) 4) Extent of Review The draft resolution and expectations of the charter review committee set in motion a comprehensive review of the charter without limitations. Should the city council wish to place any limitations on the committee or have one or more reports back to the city council during the review, it would be appropriate to provide that direction at this time. How important is it that the Charter Review Committee be free of limitations? How might limitations placed on the committee be viewed by the community? Should the council approve the attached resolution and draft Expectations of the Charter Review Committee staff will begin the process to form a committee based on direction from council. Should the council approve the Expectations of the Charter Review and Revision Consultant staff will contact the three "Oregon experts" identified during the study session and invite them to submit a proposal based on the attached expectations. Fiscal Impact: ' · It is anticipated that contracting with a charter review specialist to assist the committee will cost between $5,000 and $10,000. Ifa city holds a special election on a date other than the primary election or general election it bears the expense of the election. Ashland's cost for the May 2003 election was $3,400 to include the Youth Activities Levy on the ballot. Background: At the council study session on Wednesday, March 17, Sandra Arp, formally with the League of Oregon Cities, spoke to the council about charter reviews and charter review committees and her experience in the field. Sandra has assisted forty cities in Oregon with charter reviews and revisions. Council directed staff to proceed with a draft of the charge of the charter review committee, the process and the timeline and to engage the services of a consultant to review the existing charter. Attached is a draft of the charge of the charter review committee, the expectations of the consultant and a suggested timeline for the committee in order to meet the deadline for inclusion on the November ballot. At the regular council meeting on February 17, the council requested that an expert in charter review and revisions be invited to attend and present at a council study session. Sandra Arp, charter review specialist, formally with the League of Oregon Cities, spoke to the council about the importance of a charter review and update, a charter review committee and make-up and how a specialist can assist in the process. Ms. Arp explained that a city charter should grant powers in a broad general sense, should not include specifics, which are'best placed in city code, and that a charter be examined from three perspectives: from a legal standpoint, from a practical standpoint, and from a political standpoint. It is critical that the committee has a strong chair and that members have some expertise and knowledge of the workings of local government. Ms. Arp stressed that a charter review committee should approach the charter review and charter revisions looking towards the future and not at the present. She noted that the current charter was amended and adopted in the early 1970s and that a review and revision is in order. In addition to Ms. Arp there are two other Oregonians with experience in charter reviews and revisions: Tom Sponsler and Tim Sercombe. The current Charter of the City of Ashland was reviewed and amended in 1970. Voters approved the proposed amendments in 1972. Cities and counties update their charters for a variety of reasons: to clarify lines of authority, to clarify confusing language, to improve the efficiency and cost effectiveness of government, to eliminate obsolete, conflicting and ambiguous provisions. Some charters specify that the document is reviewed on a regular timeline, other charters do not; some specify the make up of a charter review committee others do not. Because the needs of communities change, and State and Federal laws change, it is important that a charter be updated periodically and reflect the current times. Sometimes communities choose to adopt an entirely new charter and include elements of the original. A city charter is viewed as a city constitution. For this reason, city powers are generally stated in broad, general comprehensive terms. The charter should deal only with the basic, broad fundamentals of city government. It should be as concise as 'possible and adaptable to changing conditions to avoid the need for frequent amendment. A charter can only be amended by a vote of the people. Generally charter amendments are referred to a vote by the Council but amendments can also be proposed by initiative petition. Should the council decide to proceed, the following basic steps should occur. 1) A motion and vote of the council to create a citizen committee to undertake a review of the Ashland City Charter. 2) Define the charge and make up of the committee. 3) Appoint a Charter Review Committee of no more than seven or ten people. 4) Hire a consultant with experience in charter drafting, legal review and evaluation to assist the committee. 5) Council reviews and deliberates on recommendations from the Charter Review Committee and then decides what to place on the ballot. Attachments: II. III IV V VI Memo from Cate Hartzell Citizen Participation Plan Draft resolution Draft Expectations of Charter Review Committee Draft Expectations of Charter Review Consultant Ashland City Charter MEMO TO CITY COUNCIL From: Cate Hartzell April 29, 2004 RE: Council's 2003-2004 Goal relative to this topic states: "Consider update of City Charter" In setting Council's 2003-2004 goals, there was agreement only for the "update" process. To my knowledge, there have been no formal decisions by Council to move beyond a basic update of the Charter. Substantial changes are typically initiated and campaigned for by a group of citizens. A fundamental question inherent in this matter is what role the Council should play in governance changes to the Charter. If we decide: that City Council should not be involved, then we should rely on the legal options that citizens have to campaign for changes through the initiative process. If we decide that City Council should play a role, then we should discuss what governance changes we are asking the Committee to examine and clearly state the problems we are attempting to address by doing so. Recommendation: 1. The Council and Mayor create a list of individuals to comprise a Charter Technical Review Committee. This Committee would be small and comprised of people with knowledge of legal aspects of Charters and Oregon municipal functions. Since we would not be addressing governance changes, it could include a member of Council, past elected officials/mayors, and citizens experienced with governance bodies and charters/constitutions that guide them. 2. Council direct staff to create an RFP for a consultant to assist in the updating of the Charter. Reconsider the $5,000 spread in estimate. Since we'd be limiting work to updating, there is a cost-savings that needs to be calculated into RFP. 3. Technical Review Committee meets with consultant to develop recommended changes to the Charter to only update it. This may or may not involve the use of a model charter. 4. Tecl~ical Review Committee would work with staff to convene at least one public meeting before forwarding recommended changes to Council. At least one non-public hearing public meeting will be held after Council receives recommendations. 5. Meetings of the Technical Review Committee will be open to the public and scheduled according to the needs of its members, with emphasis on evening meetings where possible to allow for public attendance. 6. The process will not be rushed, but will be provided with the support needed to accomplish the task in a timely way. 7. Council communicates to the public that we will not be pursuing additional Charter changes at this time, but that it is their right to do so. 1 of 3 Advantages of completing an update separate from a substantive governance changes: As stated by the consultant, this would be a rather straightforward process and result in a) a shorter process, b) that would be more likely to pass a vote of the electorate, c) savings of staff time, and d) a lower level of public debate. · It places the task of building political support for governance changes upon the citizens, rather than Council. If citizens advanced other political changes separately, the public would be voting on them separately from Charter changes that are proposed for "housekeeping" reasons. Disadvantage of completing an update separate from a substantive governance changes: 1. If a group of citizens secured support for other Charter changes, there would need to be a separate vote of the public. If majority of Council votes to include the option of changes to political governance components in the update process, I have the following requests: 1. That the Council discuss governance changes that could be made in the Charter prior to convening a Committee to determine whether Council wants to include or exclude items from the work of a Committee. The Parks & Recreation Commission was unaware of this process until this week;, we might want to include them in Council discussion. 2. That if a committee is created, the Council and Mayor work collaboratively on its composition. 3. That the public process leads this process. Work by a consultant will be used to inform the public and Committee on housekeeping items only. Any work by a consultant to explore options for "non-updating" items will be made after the Committee holds public meetings and deliberates. 4. That the schedule for proceeding not be bound by an election cycle, but defined by benchmarks for progress checks with Council. Meetings at night allow for the most public attendance and meetings every week are a burden on Committee members and the public. 5. That the Council remove most of the meeting rules proposed and provide a professional facilitator for the Committee work. If not, the selection of a chair must be made based on evidence of strong, demonstrated facilitation skills. Neither the Consultant nor staff should facilitate meetings. 6. Task the committee first with the updating process, exclusive of governance changes. Charge them with presenting those changes separate from any governance changes. 7. If Committee is to work on governance changes, charge them with documenting the problem the change is meant to address, and an assessment of the advantages and disadvantages of each, in addition to any recommendations they make. 8. Require a minimum of three public meetings separate from the Committee work sessions to ensure that the work of the Committee reflects a large segment of the citizens. 9. Require that members of the Committee reside in the City and set a minimum number of years they have been residents. 10. Strengthen emphasis on public input during each meeting, perhaps at different points in each meeting as different topics are discussed. 2 of 3 11. Re-examine decision making quorum requirements. It seems inappropriate that 6) establishes that decisions can be made by 3 people. 7) establishes that 4 people constitute majority for final recommendations, rather than whole committee. We should mandate that the whole committee vote on the final recommendation and that 2/3 vote constitute approval. Remaining questions that I think need discussion: · Is selection of consultant a low-bid? Who decides which consultant is selected? Is a $5,000 spread in consultant budget appropriate? Is there an advantage to asking public to vote on a charter in sections, so that it's not an all-or-nothing campaign and people are given ability to approve/disapprove components of proposed changes? If so, that influences how it is brought to Council. 3 of 3 CITY OF ,ASHLAND Tuesday, April 13, 2004 'CITIZEN PARTICIPATION PLAN CORE ELEMENTS February 2000 INTRODUCT~'ON Ashland, like other American cities, is aware of a changing environment that requires new ways of doing business. A new, more collaborative style of decision-making is not only required, but results in better decisions. Problems are increasingly complex, expensive to address, and require multifaceted solutions. Getting people of different perspectives together to talk about problems and potential solutions is essential. Collaboration has the highest potential for building long-term and well-supported solutions. While it can be frustrating and messy, drawing upon new skills and patience, it is indispensable, and the City needs a process that will maximize its benefits. Better government decisions depend on effective government, and a collaborative government can serve as the leader and partner to developing long-term solutions to problems. This requires a serious commitment from everyone involved to embrace the change toward collaborative decision making and learn together how to make it work. C'zTIZEN PART1'CTPATTON The goal of this Citizen Participation Plan is to provide a menu of choices for including citizens' voices in decision making. Residents of the City of Ashland are typically educated about issues, outspoken in their opinions, and involved in shaping decisions. The City, of Ashland encourages !ts public officials and employees to engage with its citizens. Therefore, citizens often enjoy good working relationships with staff and decision-makers. This Plan offers participation processes that will continue to build on the solid interaction between citizens and City management. Democracy relies on engagement by citizens as a means of forming better solutions to civic matters. Citizen participation processes must be inclusive of those who identify themselves as interested and/or affected by decisions that will be made on issues of relevance to them. Citizen participation practices must result in decisions that reflect the community's voices. Citizen participation is not a substitute for decision-making by the City, but a very important influence on it. Shared decision-making is not a cure for conflict because it does not mean the final decision will make everyone happy. ft lets everyone know the reasons for a decision in the hope that all or most participants will accept that decision, even If they do not agree with it. http://www.ashland.or.us/PrintPageView.asp?ID=l 16&Page=True 4/13/04 Major Principles Citizen participation should result in: · Trust between government and citizens · Informed judgements about City activities · Face-to-face deliberation · Decisions that reflect a thorough consideration of community issues and perspectives · Transparent and trackable decisions with stated accountabilities · Common understanding of issues.and appreciation for complexity Public participation is a process which allows City government to engage with the public to jointly: · Increase understanding of issues · Determine possible options · Generate new ideas · Discover and explore possible compromises · Gauge the greater public's support for various solutions Successful citizen participation requires: · Genuine intent and attitude by the City and its citizens to engage in a public process to help make better decisions · A clearly defined process that identifies participant roles · A variety of ways to participate and influence decisions · That it occur early enough in the process to influence the outcome · Effective communication throughout the process, including identification of assumptions about the issue, disclosing rationale for one's opinions, and being willing to consider the merit in others' opinions · Identifying and inviting people who are affected or interested in the issue to be part of the process · That dialog and deliberation be a part of the process · That all participants work hard, listen to all sides, and attempt to understand opposing viewpoints · Considering the "public good" perspective on all issues, especially when personal interests differ C:]:T:i:ZEN EXPECTAT:I:ONS AND RESPONS]:BZLI:TI:ES · A fair, respectful, and open process which allows all who are affected or interested to have an equal opportunity_ to partici_pate_ · Clear, complete and straightforward information from the City and other presenters · To be involved early enough in the process to influence the outcome · To work hard at learning about the issue, _listening to all perspectives, attempting to understand opposing viewpoints, trying to reach compromise on difficult issues, and to consider the "public good" perspective on all issues · Follow-up to their involvement by receiving information about the final decisions and why it was made · To be'able to be part of the solution and to define a role in implementation as is appropriate ELECTED OFFZCZALS ROLES AND RESPONSIBZLZT~ZES · Recognize the benefits of citizen involvement and serve as an advocate for its use · Provide resources and support City staff initiative in utilizing public participation processes http://www.ashland.or.us/PrintPageView.asp?ID=l 16&Page=True 4/13/04 t'age .) Ol t3 · Decide the citizen involvement process that will be used before the process is initiated · Define the decision-making process and the roles that respective parties will play · Identify elements of the issue that may not be conducive to open process · Assist in issue scoping · Provide clear delegations of responsibilities between elected officials and City staff, where appropriate · Ensure that citizens are aware of the opportunities to participate throughout the prescribed process · Assist citizens to work hard to understand the issues, respect opposing viewpoints, work for good solutions and help to define the "public good" · Honor the spirit of the process as it is proceeding and respect the ambiguous nature of the process · Be informed about the process and engage where appropriate to ensure the goals of the process · Fulfill their role as decision-maker according to the selected type of citizen involvement process being used · Evaluate the effectiveness of each public involvement process CITY STAFF ROLES AND RESPONSIBILITIES · Recognize the benefits of citizen involvement and serve as advocate for its use · Inform themselves of the efficacy and appropriateness of public involvement processes that may be useful in specific applications of their department's work program · Ensure that resources are adequate for staff's role in conducting the process · Provide citizen involvement training to staff · Utilize performance incentives that build and foster capacity for success in public involvement · Engage with the public as partners in the design and execution of the public involvement strategy · Help design and carry out the public: involvement process in a way that most effectively ensures success · Evaluate the effectiveness of each public involvement process · Ensure that informational needs of the project are fulfilled · To try and identify and involve as many affected or interested citizens as possible by designing a process that goes out to the people and is easy to become involved in PHASES OF THE PUBLI'C INVOLVEMENT PROCESS Step i - Issue Generation Phase Issues derive from a multiplicity of sources: the City Council, City staff, or citizen commissions may identify problems or opportunities. Federal or state agencies or other governmental bodies can introduce new laws, regulations, or even funding opportunities that initiate municipal action. Community members often raise issues or suggestions for activity meant to improve quality of life. Step~ 2 - Issue Identification Phase This is the phase at which formal action begins through the scoping, or defining the aspects of an issue or opportunity by the appropriate body. The outcomes from this phase are a clear definition of the problem, the http ://www.ashland.or.us/PrintPageView.asp?ID= 116&Page=True 4/13/04 information and date that is compiled, a preliminary list of those who we could predict would have a perceived interest in the outcome (stakeholders), and the history of the issue or opportunity. Step_ 3 - ~rdentification of Process Parameters Phase If an issue is totally non-negotiable (that is, there is no way to alter what must be done), it is not suitable for public participation. With City issues, this is rarely the case, and usually the flexibility of decisions is suitable for public decision-making. "'- .... There are instances where some elements of a public decision making process are non-negotiable. These elements usually are moral, ethical, legal, safety or financial issues. The non-negotiable aspects of a decision process should be clearly stated at the outset of designing the public involvement process. It is important to note that these parameters must not be merely preferences. Citizens may challenge these items, and the City must have defensible reasons excluding them from the process. Step 4 - Clarifying Decision-Nakers Phase There needs to be a statement of whom has final authority to make the decision. This is a policy call by the City, and it is vitally important that everyone know at the outset who has final decision-making authority. Step 5 - Goals and Timeline Determination Phase :In this phase, the real or anticipated constraints on the process are identified, such as time limitations, costs, staff availability, technical complexity, public interest and political climate, and the size and nature of stakeholder groups. The deliberating body considers the types of processes that would be appropriate to the situation, given the constraints and needs. The outcomes of this phase are the project goals, the benchmarks and timeline under which it is expected to be implemented, and the assignment of responsibilities. Step 6 - Citizen Participation Process Determination Phase Depending on the type of issue that is being considered there are many different ways to engage citizi~ns. If this issue requires individual judgement or opinions, focus group interviews, random sample surveys, response forms, newspaper inserts, or direct mail can be used. If the issue requires community problem solving, workshops, charrettes, open houses and discussion forums can be used. Complicated and technical issues might best use advisory or ad hoc committees, a series of workshops or open houses, or working with existing organizations. The outcome of this phase is the public participation process plan. S~tep ? -.La~y(ng the Foundation and Informational Gathering Phas_e It is important for the people who will be involved in this phase to begin by clarifying the problem or charge they have been asked to address and the tasks that will be required to meet their goals. If a group is involved, it will also need to define and/or adopt the behavioral guidelines under which they will operate. This phase will likely involve compiling information, perhaps even http://www.ashland.or.us/PrintPageView.asp?ID= 116&Page=True 4/13/04 educating other members of the community on the issue. Depending on the issue, people may learn and gain insight into other or new perspectives. If it is anticipated that the task phase will continue for very long, those involved may develop a plan for communicating its progress to decision-makers and interested parties. Step 8 - Launch the Process Phase If the steps up to this point are done well and the process is started with a positive attitude, chances for success are enhanced. Clarifying the issues early. in Situations of potential conflict can help to lower the sensitive nature of this issue. By including people who may feel threatened by the outcome of the issue and allowing them to help build the process, chances for a successful outcome can be greatly improved. It is important to cast the net as widely as possible so that as many people as possible are aware of the opportunities to become involved. Initial outreach should always communicate the problem as we know it, the decision parameters, the process, the preliminary timelines of the project, and the various ways to become involved. These themes must be stressed in all subsequent communications and information materials. Between Steps 1 & 8 - Check and Feedback Phase Before moving from each of the first eight phases, it is important to double check results with decision-makers and stakeholders. This serves the purpose of checking in to see whether new information has become available, laws have changed, a new set of stakeholders or perspectives have emerged. If not, the process moves forward. If there has been a shift, the process is reviewed for its adequacy. Step 9 - Project Completion Phase Throughout the remainder of the project, it is important to communicate often and clearly with citizen participants, elected officials, other City staff members, general citizens, the news media and other affected agencies. Always err on the side of too much communication rather than err on the side of too little. The project will usually end up with a recommendation, decision, report or some other end product. Make sure this is widely distributed to all of the above mentioned parties also. Step 10 - Decision-Making Phase In this phase, those charged with making final decisions review the outcome of the Project Completion phase and act upon it. This could involve acceptance and/or revisions of the product. The decision and the rationale behind it are communicated to the public. Step 11 - Implementation Phase The outcome of the decision-making phase is implemented. Step__~2 - Evaluation Phase In order to promote and refine our collective learning from these processes, it Is essential that we evaluate the efficacy of both the public participation http://www.ashland.or.us/PrintPageView.asp?ID= 116&Page=True 4/13/04 process utilized and the eventual outcome of the decision-making process. The experiences of those directly involved in the process need to be collected through a process or people who can be objective in the task. It is also important, depending on the scale of the process, to collect the opinions or experience of those who were not directly involved. The evaluations need to be documented, shared with decision-makers and maintained in a manner that makes them accessible for public review. http://www.ashland.or.us/PrintPageView.asp?ID= 116&Page=True 4/13/04 Attachment III RESOLUTION NO. 2004- A RESOLUTION CREATING THE CHARTER REVIEW COMMITTEE. Recitals: A. The City of Ashland Charter was last reviewed and amended in 1970. B.'A 2004-05 goal of the city council is to "complete a charter review and update".' C. The City Council has determined that it wishes to form a Charter Review Committee to evaluate the existing charter and to determine if the charter should be updated or changed. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. A Charter Review Committee is created which shall consist of nine voting members and one alternate, non-voting member, all of whom shall reside within the City of Ashland and who shall be appointed by the mayor and confirmed by the council. Two members of the committee shall be former elected city officials and seven shall be selected at large. No member shall be appointed who currently holds an elected position for the City of Ashland. The mayor and council shall make every effort to appoint members who are impartial, non-biased and free of any perceived political gain and have some expertise and knowledge of the workings of local government. SECTION 2. If the committee determines changes to the charter are warranted, it shall prepare a draft charter or draft amendments to the existing charter for the City of Ashland for review by the council for placement on the ballot for the voters of Ashland. SECTION 3. The committee shall be subject to, and shall follow, to the greatest extent feasible, the attached document entitled "Expectations of the Charter Review Committee." SECTION 4. The committee shall terminate at the time a new charter or charter amendments are voted on by the people of Ashland, unless the committee determines changes are not warranted. In such case the committee shall terminate when it makes such report to the city council. SECTION 4. This resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with Ashland Municipal Code [}2.04.090 duly PASSED and ADOPTED this ~ day of ., 2004. Barbara Christensen, City Recorder SIGNED and APPROVED this ~ day of ,2004. Reviewed as to form: Alan W. DeBoer, Mayor Paul Nolte, City Attorney H:\Recent\Charter Review~charter commission reso.doc Attachment IV CITY OF -ASHLAND DRAFT Expectations of the Charter Review Committee "Membership on a charter review committee is accepting responsibility for [eadership in the most important single civic effort that any community 'can undertake. The duty of leadership is to find the highest attainable level of improvement, not just a token advance. Statesmanlike compromise is simply a means to this end." Guide for Charter Commission, National League of Cities Purpose and Overview The primary function of the charter review committee is to review the existing charter to determine if it will adequately serve the community well into the future. If necessary, the committee is to prepare a draft charter for the City of Ashland. The proposed charter will ultimately be reviewed by the city council for placement on the ballot for the voters of Ashland. The committee must be impartial, non-biased, and free of any perceived political gain and may approach the task in whatever means results in a document that best serves the citizens of Ashland. In addition to adhering to the Oregon Public Meetings law, the committee will strive to include the community beyond the requirements of the law. The council encourages the committee to seek opportunities to educate the community about the process and purpose of a charter review, the importance of a city charter and to solicit community input. It is the council's experience that undertakings of this scope are best achieved within a set timeline during which committee members are focused on achieving the task in a timely ~ manner. Stretching a task over a period of many months can result in a commi~e,e~ loses focus, interest and drive and a drop in attendance. As such, the counci(~hat the committee-fallo,,v the attached timeli, Be so that the proposed charter can be plan the November ballot. ~~ The city will engage the services of a consultant with expertise in charter reviews and revisions that will assist the committee as detailed in the attached Expectations of the Charter Review and Revision Consultant. Membership The committee will be comprised of nine voting members: two former elected city officials, and seven other citizens. The mayor will appoint a member to serve as chair. An alternate committee member will also be selected and will serve as a non-voting member. Should a member of the committee be unable to fulfill duties, the alternate will assume the role of the voting member. The city attorney will attend all meetings and will act in an advisory role and a current city employee will staff the committee. Expectations of the Charter Review Committee The Charter Review Committee will adopt the following policies and procedures. Regular Meetings 1. Committee will meet every week unless changed by a majority of the committee at a regular meeting. 2) Meetings .will occur in council, chambers so that they may be televised and or taped. 3) The committee will consider written and oral testimony offered during the charter review process. 4) At the first meeting, the committee should elect a vice-chair who will serve as chair in the absence of the chair. Attendance, Quorum 1) Three consecutive unexcused absences equal resignation. 2) Members will be notified after a second consecutive absence to allow an opportunity to attend future meetings. 3) The committee will determine whether absences are excused. 4) Members unable to attend shall notify the staff liaison or chair by phone or e-mail in. advance of the regular meeting. 6) A quorum of at least 5 committee members must be present to conduct business at any meeting. A majority of a quorum is necessary to adopt any motion. 7) A quorum for the final report is two thirds of the committee membership at the time of voting. Subcommittees Subcommittees may be formed for the purpose of gathering information and forming a recommendation to be brought .forward to the full committee. However, only the full committee can vote on and accept the recommendation. Subcommittees must meet the requirements of the Oregon Public Meetings law. Alternate Member 1) For the purpose of deliberations, the alternate member may attend all meetings, offer suggestions and participate in discussions and abide by the same attendance rules as other committee members. 2) The alternate member may not vote or make motions on final decisions by the committee. 3) The committee will make every effort to consider the alternate member's positions, respond to questions and treat the alternate member with due respect. Testimony 1) Public testimony will be accepted at each meeting. 2) Meeting agendas will have a designated time for the purpose of hearing public testimony. 3) Public hearings will be scheduled as part of the charter review. 4) Guests may be invited to speak to the committee. Expectations of the Charter Review Committee Motions 1) The chair will strive to reach consensus of the committee whenever possible. 2) Motions on changes to the charter constitute tentative approval of such changes pending approval of the final report to the city council. Consultant 1) The consultant will act in an advisory role to the committee. 2) The consultant will review the existing charter, identify needed changes and updates, perform a legal review of the current charter, compare the existing charter to the model charter and present the information at the first regular meeting of the committee for committee review. 3) Prepare and explain substantive provisions for consideration, draft alternative political provisions for discussion and consideration. 4) Draft a charter and revise the draft based on input from the committee. 5) Prepare a final version of the new charter for committee review and'council approval. Prepare a ballot title and explanatory statement. 6) Attend a final meeting in Ashland for presentation to the city council. Staff 1) The city attorney or designee will act in an advisory role to the committee. 2) Staff will support the work of the committee and assist the chair/vice chair in preparing the agenda. Agendas will be mailed electronically or by post in advance of meeting by staff. Staff will conduct research for the committee, send invitations to speakers/guest requested by the committee. Should the committee require additional staff support beyond what is provided, a request should be made to the city administrator. 3) Comprehensive minutes will be prepared from each meeting and will be sent to committee members prior to the meeting. 4) Staff will post to the city's web page all information related to the committee's proceedings. Miscellaneous 1) Roberts Rules of Order will govern decisions at meeting. 2) The committee will be clear and simple in its procedures and the consideration of matters coming before it. It should avoid invoking the finer points of parliamentary rules, which may serve only to obscure the issues and 'to cause audience or citizen misunderstanding or misapprehension about action taken at the meeting. Attachment V CITY OF dkSHLAND DRAFT Expectations of the Charter Review and Revision Consultant The consultant engaged to assist the charter review commission will: Provide an educational presentation to the committee and the community on the importance of a charter review and update, how a consultant helps in the process and the various methods of approaching a review. · -Review the existing charter and identify needed changes and updates · Perform legal review of current charter provisions · Compare 2004 League of Oregon Cities (LOC) model charter for t~pdated charter provisions · Attend the first meeting of the charter review committee to consult about the role and function of a charter, discuss the project goals and expectations and agree on a process and timeline and present the legal review of the current charter · Provide general basic provisions for review · Prepare and explain substantive provisions for consideration · Attend a second meeting in Ashland with the charter review committee, halfway through the process · Draft alternative political provisions for discussions and consideration · Distribute draft charter and discuss at a meeting in Ashland · Revise draft charter based on input from the committee · Prepare a final version of the new charter for council review/approval · Prepare a ballot title and explanatory statement · Attend a final meeting in Ashland for presentation to the City Council The above list requires the consultant to attend three meetings in Ashland with the committee, however additional meeting attendance may be necessary. The City of Ashland will: · Exercise overall administrative responsibility for the project · Provide all organizational and staff support for charter review committee, · Act as a liaison for the charter review committee and council · Arrange for publication and distribution of drafts and final charter or amendments · Provide final materials to the county clerk ASHLAND CITY CHARTER INTRODUCTION 00 History of the Ashland Charter The original Charter granted to the City of Ashland in 1874 was later supplanted by a Charter given to the City by the Oregon State Legislature in 1889. In 1898, a new Charter was approved by the voters of the City,' which remained in effect until 1970, although amended numerous times over the years. In 1906, a State constitutional amendment giving cities Home Rule meant that Charters could be adopted and amended without action bY the State Legislature. A vote of the Ashland citizens to amend the City Charter 'or'"t6 ad0pt:a 'n6w One' i:an-effect.changes.in-:the., strue, tur. o .and p6wers of. 'Ashland city: government. For this purpose, the Council may call a special election on the Charter by initiative petition. In May of 1970, as a result of study and recommendation by the Ashland League of Women Voters and the Charter Revision Committee, an amended Ashland City Charter was again approved by the voters of the City. As adopted, it retained all of the desirable provisions of the original Charter, while omitting obsolete provisions, thereby simplifying this important do. cument and making it a more workable' one. Five amendments were enacted by the voters in May of 1972, dealing primarily with administrative refinements, and these amendments have been incorporated into the following compilation of the City Charter. Notes: 1) City incorporated 10-13-1874 2) First Ordinance passed 11-14-1874 -Setting Boundaries of the City of Ashland ARTICLE I Name and Boundaries Section 1. Title of Enactment This enactment shall be referred to as the Ashland Charter of 1970. Section 2. Name The municipality of Ashland, Jackson County, Oregon, shall continue to be a · municipal corporation with the name "City of Ashland". Section 3. ~ The City shall include all territory encompassed by its boundaries as they now exist or hereat~er are modified by the voters, by the Council, or by any other agency with legal power to modify them. The Recorder shall keep in her/his office at City Hall at least two (2) copies of this Charter, in each of which he/she shall maintain an accurate and_ up-to-date description of the boundaries. The copies and descriptions shall be available for public inspection at any time during regular office hours of the Recorder. ARTICLE 2 poWers Section 1. Powers of the City The City shall have all p.owers 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 C-harterspecifieally enumerated ea.ch Of those powers, as well as al.l powers, not- inconsistent ~vith the foregoing; and, in addition thereto, shall possess ali powers hereinafter 'speCifically granted.. Ali the authority thereof shall have perpetual succession. Section 2. Construction of the Charter In this Charter, the mention of a particular power shall not be construed to be exclusive or to restrict the Scope of the powers, which the City would have if the Page I of 16 ASHLAND CITY CHARTER particular power were not mentioned. The Charter shall be liberally construed to the end that the City shall have all powers necessary or convenient for the conduct of its municipal affairs, including all powers that cities may assume pursuant to State laws and to the municipal Home Rule provisions of the State Constitution. Section 3. Provisions for Amendment and Revision The Council shall have the power to call a special election upon a resolution passed by the Council for the purpose of amending the Charter or enacting a new Charter, or whenever petitioned to do so by the electors of said City, under any initiative or referendtim '6t:dinaflc~ 0~"}he' City -of Ashland,'o~ the laws of the- S'~a~e "of Oregon. - ' "'. - -: ' .... -- .-.- ARTICLE 3 Elective Officers Section 1. Elective Officers The elective officers of the City shall be: a Mayor, Recorder, six (6) Council Members, five (5) Park Commissioners and a Municipal Judge. (Charter amendment 5-23-78) Section 2. Qualifications All elective officers except the Municipal Judge_shall be residents and qualified voters in the City. (Charter amendment 5-23-78). Section 3. Salaries Any change in the amount of the present compensation received by elective officers, except for the Recorder and Municipal Judge, shall be submitted to the vote of the people; however, the salary of the elected Recorder shall be in the amount being paid in 1974 and be adjusted starting with the fiscal year 1974-75 'in the same percentage as the average salary adjustments of the other supervisory employees and department heads of the City of Ashland; further, the salary of the Municipal Judge will initially be the same as for the year 1978-79 and thereafter to be adjusted in the same percentage as the average salary adjustment of the other supervisory employees and department heads of the City of Ashland. (Charter amendment 5-23-78). Section 4. yacancie~ An office shall be deemed vacant upon the incumbent's death; adjudicated incompetence; conviction of a felony; other offense pertaining to his/her office, or unlawful destruction of public records; resignation; recall from office or ceasing to possess the qualifications for the office; or, in the case of the Mayor or Council Member, upon his/her absence from the City for thirty (30) days without the consent of the Council or upon his/her absence from meetings of the Council for sixty (60) days without like consent, and subsequent declaration of the vacancy by a two-thirds affirmative vote of the Council. A vacant elective office in the City shali be filled 'within sixt~ (60} days by the Council electing some qualified person to fill such vacancy. The appointee's term of office shall begin immediately upon appointment and shall continue until a successor, elected at the next biennial election, takes office for the unexpired term. The Council shall have the power, by a two-thirds affirmative vote, to expel any member of the Council for disorderly conduct in Council. or inattention to duties. No Council member shall be expelled without notice and a hearing by the Council. Section 5. Term The term of all elective officers shall begin the first day of January following their election. Section 6. Interest in City_ Contracts During the 'term of office, .no elective offic, er shall violate any provision of the State of Oregon Code of Ethics as contained in ORS Chapter 244. (Amended by vote 11- 8-94.) Page 2 of 16 ASHLAND CITY CHARTER ARTICLE 4 Mayor Section 1. Term The Mayor in office at the time this Charter is adopted shall continue in office until the end of his/her term of office as fixed by the Charter of the City'in effect at the time this Charter is adopted. At the biennial general election held in 1972, and every fourth year thereafter, a Mayor shall be elected for a term of four (4) years. Section 2. power, s and Duties The Mayor is the executive officer of the municipal corporation and shall exercise 'ch~eful sfiperv'isi6n 'over' the genei'hl-:affairs 'of the Ci'ty':and Over-appointive 'officers'.. H~/she shall sign all orders and warrants on the Treasury for claims authorized by the Council. Section 3. Vote The Mayor shall not be entitled to vote on any ordinance or measure before the Council except in the case ora tie vote, in which case he/she shall have the power to vote, and must vote either in the affirmative or in the negative. The Mayor shall, within five days after the passage of any ordinance, either approve or veto the same, and no ordinance shall go into effect until approved by the Mayor or passed by the Council over his/her veto.. The Mayor shall, in .case .he/she vetoes .any 9.rdinance or resOlution, file such veto with the City Recorder, together with reasons for his/her disapproval, which veto and message of disapproval shall be read at the next meeting of the Council; and such ordinance or resolution be put upon its passage again; and, if two-thirds of the Council members shall vote in the affirmative, it shall become law without the Mayor's approval, but not Otherwise. In passing all resolutions and ordinances, the ayes and nays shall be called and permanent record made of the vote thereon. ARTICLE 5 Council Members Section 1. Terms The Council members in office at the time this Charter is adopted shall continue in office, each until the end of his/her term of office as fixed by the Charter of the City in effect at the time this Charter is adopted. At each biennial general election after this Charter takes effect, three Council members shall be elected, each for a term of four (4) years. ARTICLE 6 Recorder Section 1. Term The Recorder in office at the time this Charter takes effect shall continue in office until the end of his/her term of office as fixed by the Charter of the City in effect at the time this Charter is adopted, At each biennial general election held in 1970, and every fourth year thereafter, a Recorder shall be elected for a term of four (4) years. Section 2. Power~ t~nd Duties The Recorder shall act ag Clerk of the 'Council and shall keep plain and correct records of all business and proceedings of the Council. He/she shall maintain a file of all papers presented to him/her officially, and safely keep all files, records and papers of the corporation pertaining to his/her office, and these shall be open to the public. At the expiration of his/her term of office, he/she shall turn over to his/her successor any and all records, books, and papers pertaining to said office. The Recorder must draw all orders for 'the prOper payment of monies agaifist 'the proper funds that have.: been approPriated by the c!.tY Council, and, together with the Mayor, sign. the same. He/she may make periodic audits of all City accounting records. Page 3 of 16 ASHLAND CITY CHARTER The Recorder, shall, as soon as the Council shall make a general levy of the taxes for the city, certify the same, together with any and ali special benefits and assessments then due, to the Clerk of the County Court. The Recorder shall record, in a book to be kept for that purpose, all ordinances and resolutions passed by the City Council, and the same shall be signed by the Recorder, as well as signed and approved by the Mayor therein. Section 3.: 'Vacancy A -willful absence.of.the Recorder from 'the City .for,m~e..than' thirty (30)daYs. without the consent of the Coun6il, 6arelessness or 'inattention to the duties of the Recorder, shall be grounds for the Council to declare the office vacant; and it may fill such vacancy in the same manner as vacancies in the office of Council members are filled. Section 4. Absence In the Recorder's absence, the Mayor shall appoint a Clerk of the Council Pro Tem who, while acting in that capacity, shall have all the authority and duties of the Recorder. ARTICLE 6A Judge Section 1. Term At the biennial general election held in 1978, and every fourth year thereafter, a Judge shall be elected for a term of four (4) years. (Charter amendment 5-23-78) ARTICLE 7 Elections Section 1. Regular Elections Regular City elections shall be held at the same times and places as biennial general State elections, in accordance with applicable State election laws. Section 2. Notice of Regular Elections The Recorder, pursuant to directions from the Council, shall give at least ten (10) days notice of each regular City election by posting notice thereof at a conspicuous place in the City Hall, and by publication in a newspaper of wide and general circulation published in the City of Ashland. The notice shall state the officers to be elected, the ballot title of each measure to be voted upon, and the time and place of the election. :4 Section 3. Special Elections The Council shall provide the time, manner and m~iins for holding any special election which shall comply with.applicable State laws._ The_ Recorder shall give at least ten (10) .days notice of each special election in the manne; provided by the aeti0n of the Council ordering the election. Section 4. Regulation of Elections Except as this Charter provides otherwise and as the Council provides otherwise by ordinances relating to elections, the general laws of the State Shall apply to the conduct of ali City Elections, recounts of the returns therefrom, and contests thereof. Section 5. Nominations A qualified elector may be nominated for an elective City office to be filled at the election. The nomination must be by a petition that.specifies the office so.ught and must be in a form. prescribed by the Council. The petiti'On shall :be signed by not fewer'than twenty-five (25) electors, and with the candidate's written acceptance of such nomination. No elector may sign more than One petition for eaek office to be filled at the election. If he/she does so;.his/her signature will be valid only on the first sufficient petition filed for the office. The signatures to a nomination petition need not all be appended to one paper, but to each separate paper of the petition Shall be attached an affidavit of the Page 4 of 16 ASHLAND CITY CttARTER circulator thereof, indicating the number of signers of the paper and stating that each signature of the person appended thereto was made in his/her presence, and is the genuine signature of the person whose name it purports to be. Opposite each signature shall be stated the date of signing, the signer's place or residence, identified by its street and number or other sufficient designation. The Recorder shall make.a record of the exact time at which each petition is filed and shall .take and preserve the name and address of the person by whom it is filed. If the petition is not signed by the required number of qualified electors, the Recorder shall notify the candidate and the person who filed the petition within twelve (12) days after the filing. If the petition is insufficient in any other particular, the Recorder shall return it ifllmediately'-t0 the' person who'filed it,. certifying in writing: wherein ..the- peri,on -is. insufficient...T.h.e.. - deficient petition may be amended and filed again as a new petition, or a substitute petition for the same candidate may be filed, within the regular time for filing nomination petitions. All nomination papers comprising a petition shall be assembled and filed in final form as one instrument with the Recorder not less than twelve (12) days before the date that the Recorder must file the same with the County Clerk. (Charter Amendment 11-2-82) Section 6. Canvass of Returns In all elections hel. d. in conjunction with State and County elections, the State laws governing the filing of returns by the County Clerk shail apPly. In each' special City election, the returns therefrom shall be filed with the Recorder on or before noon the day fol..lo..wing; and, not later than five (5) days after the election, the Council shall meet and canvass the returns. The results of all elections shall be entered in the record of the proceedings of the Council. The entr~ shall state the total number of votes cast at the election, the votes cast for. each person, and for and against each proposition, the name of each person elected to office, the office to which he/she has been elected, and a reference to each measure enacted or approved. Immediately after the canvass is completed, the Recorder shall make and sign a Certificate of Election of each person elected and deliVer the Certificate to him/her within one (1) day after the canvass. ,A Certificate so made and delivered shall be "prima facie" evidence of the truth of the statements contained in it. Section 7. Tie Votes In the event of a tie vote for candidates for an elective office, the successful candidate shall be determined by a public drawing of lots in the manner prescribed by the Council. Section 8. Oath of Office Before entering upon the duties of his/her office, each officer shall take an oath or shall affirm that he/she will support the constitutions and laws of the United' States, the State of Oregon, and the Charter and laws of the City of Ashland, and that he/she will faithfully perform the duties of his/her office. ARTICLE 8 Council Section 1. Where Powers Vested Except as this Charter provides otherwise, all powers of the City shall be vested in the Council and the Mayor. Section 2. Composition The Council shall be composed of six (6) Council members elected in the City at large and by position number. Each position shall bear a number running from one (No. 1) through six (No. 6), and any candidate for Council shall, starting with his/her nominating petition, designate the number of the Council seat to which he/she seeks election; further, one candidate may only run for one position at an electi0h..' .... The Council members whose terms of office ·expire with the end of 1972 shall be assigned Seat numbers 1, 3 and 5; 1974 shall be assigned seat numbers 2, 4 and 6. Within the scope of the preceding provision, the Council shall forthwith determine by lot the numbers to be assigned to the incumbent Council members. Page 5 of 16 ASHLAND CITY CHARTER Section 3. Council Meetings and Rules The Council shall hold a regular meeting in the City at least once each month at a time and place which it designates. Other meetings may be .called as the Council deems necessary, with notice given the Mayor and Council members and the. public as provided by ordinance. Minutes of any such special meeting shall be presented at the next regular Council meeting. The Council shall, adopt rules for its proceedings. Section 4. Quorum The Mayor and not less than three (3) of the Council members, or four (4) of the Council'members, ghall cOristitute'a quorum for conducting Council business,. -. '- · .'~ :.... ..... Section 5. Journal The Council shall cause a record of its proceedings to be kept. Upon request of the Mayor or any of the Council members, the ayes and nays upon any question before it shall be taken and entered in the record. Section 6. Proceedings to be Public No action by the Council shall have legal effect unless the motion for the action and the vote .thereon take. place at.proce?dings o. pen to the. public- Section 7. Mayor's Fuqetion at Council Meetings The Mayor shall preside over-the deliberations of the Council. He/she shall have authority to preserve order, enforce the rules of the Council, and determine the order of business under the rules of the Council. Section 8. Chair of the Council At the first regular meeting of the Council in January of each year, the Council shall by ballot elect a Chair of the Council from its membership to serve for one (1) year. He/she shall, during all times when the Mayor is absent or unable to attend to his/her duties or act in any matter, have and exercise the powers and perform the duties of the Mayor, except that he/she shall retain his/her Council member's right to vote. If, at any meeting of the Council, both Mayor and Chair are absent, the Council members present shall elect one of their number as Chair Pro Tern, who shall preside at that meeting. Section 9. Vote Required Except as this Charter otherwise provides, the concurrence of a majority of the members of the Council present at a Council meeting shall be necessary to decide any question before the Council. ARTICLE 9 Special Powers ofthe Council '~ .' - 4'.-.~.::' .'.~,' ~ "- section 1. Violation of Charter. Ordinance and Laws The Council, at any regular or adjournedmeet~ng, shall have the power within the limitg of the City of Ashland-to enact laws, ordinances and pass resolutions not in conflict or inconsistent with the' laws of the United States, the State of Oregon, or the provisions of this Charter; and to provide for punishment of any person or persons found guilty by a competent tribunal of the violation of any such laws, ordinances, or any of the provisions of this Charter,--~ by fine or imprisonment of such offender, until such fine and costs are paid; and to provide for the/ working of such persons so convicted on the streets of the City or at any other work, and to provide the/ compensation therefor to be applied on such fine and costs; but no fine shall exceed the sum of $500 and{ the costs of prosecution, nor shall any imprisonment or term at hard labor exceed 60 days. Section 2. Levy of Tax~s The Council, by two-thirds vote of the Council at any .r6gular or adjourned meeting, shall have the power within the limits of the City of Ashland to annually ordain and levy taxes 'on the taxable, property of the City made taxable by law for County and State purposes, not.to eXCeed fifteen mills on the dollar on the assessed valuation in any year for the expenses of the City; and also in such further amount as may be necessary for the payment of interest or principal on any bonded Page 6 of 16 ASHLAND CITY CHARTER indebtedness now existing or hereafter to exist against the City and for payment of any judgment or judgments obtained against the City.. Section 2a. Flood Damage Restoration Bonds In addition to the indebtedness otherwise authorized by law and by this Charter, the City Council of the City of.Ashland shall have the power and authority to issue the general obligation bonds of the City in such amounts and with such maturity dates as the City Council shall, in its discretion, deem advisable in an aggregate amount not to exceed Seven Hundred Fifty Thousand Dollars ($750,000.00) for the purpose of financing the cost of repair and restoration in accord with current .construction standards of the. City's wat.e..r, ~e.w. er,,el~ctrical and storm se.w.e~ systems; City streets and bridges and watershed roads and bridges; Lithia Park; the repair of riprap~ at the Aslilanc~'"' Airport; and the purchase of a dredge for the removal of present and continuous accumulations of silt in the City's water reservoir; and to further provide that all state or federal funds received to assist Ashland in repair of flood damage shall be used for that purpose or to pay principal and interest on these bonds and for no other purpose; and shall have the power and right to designate the manner and time of payment of said bonds and the interest thereon, provided that considering any discounts or premiums- .paid,. the effective rate of interest on such bonds shall not exceed that allowable by the laws of the State of Oregon. The poWer herein granted 'shall be ex6reised by the Council without submitting the question to a further vote of the electors and the bonds issued in pursuance to this Article_shall not be subject to the limitation on bond or other indebtedness elsewhere contained in the Charter of s~id City. Section 2b. Hospital Improvement Bonds In addition to the indebtedness otherwise authorized by law and by this Charter, the City Council of the City of Ashland shall have the power and authority to issue the general obligation bonds of the City in such amount/s and with such maturity dates as the City 'Council shall, in its discretion, deem advisable in an aggregate amount not to exceed Three Hundred Sixty Thousand Dollars ($360,000.00) for the purpose of financing the design and construction of additions and improvements to the Ashland Community Hospital; and shall have the power and right to designate the manner and time of payment of said bonds and the interest thereon, provided that considering any discounts or premiums paid, the effective rate of interest on such bonds shall not exceed that allowable by the laws of the State of Oregon. The power herein granted shall be exercised by the Council without submitting the question to a further vote of the electors and the bonds issued in pursuance to this Article shall not be subject to the limitation on bond or other indebtedness elsewhere contained in the Charter of said City. Section 3. S_t~gial Assessments The Council shall have the power at regular or adjourned meeting to levy such special benefit assessments for road, sewer or other special improvements as they deem reasonable and to prescribe the time when such assessments shall be paid and to assess penalties thereon, not exceeding ten percent (10%) when delinquent, which assessments and penalties may be collected under the provisions of Article XII, Sections I and 2. Section 4. Reassessment The Council shall have the power to enact an ordinance to correct any administrative error in the levying of any special benefit assessment and to cause a reassessment to be made. Section 5. Debt Limit The Council, by a two-thirds vote at any regular or adjourned meeting, shall have the power within the limits of the City of Ashland to borrow money upon the c~edit of the City and authorize the issue of orders or notes therefor to an amount not exceeding $.5,0.00.00 when required for municipal purposes, which orders and notes shall bear a reasonable rate'of interest'and shall not aggregate at any time to exceed $5,000.00. .____~ Section 6. ~ The Council, by a two-thirds, vote at any regular or adjourned meeting, shall issue bonds of the City for other purposes when duly voted and required by a majority of the electors of said Page 7 of 16 ASHLAND CITY CHARTER City; or in rebonding any bonded indebtedness of the City when the same is due and payable and the City has not the funds on hand to pay the same, but in rebonding, bonds shall not be issued for a longer period or greater rate of interest than the bonds to be liquidated. Ali bonds issued hereafter shall be amended to this Article; that is, Article IX, Section 2, and at such time as they are retired shall be automatically repealed. Section 7. Water System The Council, by a two-thirds vote of the Council at any regular or adjourned meeting, shall have the power within the limits of the City of Ashland to suppress, restrain, and prohibit -any obstruction, pollution;'divemion, :w/iste,"extravagant-:use.of,,-waters'of Mill or Ashland Cr'eek,.'eithe/-' within or above the City limits. ARTICLE 10 Ordinances Section 1. Enacting.Clause The enacting clause of all ordinances hereafter enacted shall be: The People of the City of Ashland do ordain as follows:". Section 2. Mode of Enactment (a) Except as the second and third paragraphs of this Section provide'lo the contrary, every ordinance of the Council shall, before being put upon its final passage, be read first fully and distinctly in open Council meeting and then on a different date by title only, unless a Council member or the public requests that it be read in full for a second time, and it shall then be read fully and distinctly. (b) Provided all conditions set forth in Paragraph (C) have been met, an ordinance may be enacted at a single meeting of the Council by unanimous vote of all Council members present upon being read first in full and then by title. (c) The first reading may be by title alone if no Council member present at the meeting, or the public, requests to have the ordinance read in full, and if a copy of the ordinance is provided for each Council member and three (3) copies are provided for public inspection in the office of the City Recorder not later than one (1) week before the first reading of the ordinance and if notice of their availability is given forthwith upon the filing, by written notice posted at the City Hall and by advertisement in a newspaper of general circulation and published in the City. An ordinance enacted after being read by title alone may have no legal effect if it differs substantially from its terms as it was thus filed prior to such reading, unless each section incorporating such a difference, is read .fully and distinctly in open Council meeting as finally amended prior to being approved by the Council. (d) .Upon the final vote on an ordihance, the-ayes and ~iays 6f the members shall be taken and entered into the record of the proceedings. (e) Upon the enactment of an ordinance, the Recorder shall sign it with the date of its passage and his/her name and the title of his/her office, except as provided in Article IV, Section 3. Section 3. When Ordinances Take Effect An ordinance enacted by the Council shall take effect on the thirtieth (30th) day after its enactment. When the Council deems it advisable, however, an ordinance may provide a later time for it to take effect; and, 'in case of emergency, it may take effect immediately. ARTICLE 11 Public Improvements Page 8 of 16 ASHLAND CITY CHARTER Section 1. Condemnation Any necessity of taking property for the City by condemnation shall be determined by the Council and declared by resolution of the Council describing the property and stating the uses to which it shall be devoted. The procedure for the condemnation shall be as ordained by the Council or provided by State law. Section 2. J[mprovements The procedure for making, altering, vacating or abandoning a public improvement shall be governed by general ordinance or to the extent not so governed, by applicable general laws of the State. Action on any proposed public improvement, except a sidewalk or except an improvement unanimously declar ~. by the.Coun.eii to .b~ needed at. once because of an emergency, shall be suspended for six months upon a remonstrance thereto by the owners of iwo-thirds'of the'land tobe' specially assessed therefor. In this section, "owner" shall mean the record holder of legal title or, where the land is being purchased under a land sale contract recorded or verified to the Recorder in writing by the record holder of legal title to the land, the purchaser shall be deemed the "owner". Section 3. Special Assessments The procedure for the levying, collecting and enforcing the 'payment of special assessments for public improvements or other services to be charged against real property shall be as provided in Article XI'I, SeCtions' 1 and 2 of this Charter.' ....... · : . .. Section 4. Bids All jobs or contracts for constructing, repairing, ornamenting or improving any public place in this City or out of it, the expenses of which are to be paid out of the City Treasury, and the probable cost of which will exceed $500, shall be advertised in a newspaper of wide and general circulation published in the City of Ashland for ten days before the closing of the bids, and shall be done in accordance with the plans and specific, ations approved by the Council. The Council shall have the right to reject any or all bids without incurring any liability for such rejection. ARTICLE 12 Taxation: Powers and Duties of the Council Section 1. Duties It shall be the duty of the Council immediately after the receipt of the certificate of the County Clerk of the County Court of Jackson County, Oregon, 'showing the aggregate valuation of the assessable property in said City of Ashland, to meet, and by ordinance annually levy such taxes 'and assessments as permitted in this Charter against the taxable property of the City of Ashland, and such special assessments and penalties as may be due and unpaid, and cause the same to be certified to the County Court, as provided in Section 2 of this Article. Section 2. D. gt~ The Council shall, immediately after such levy, notify the Clerk of the County' Court, under the certificate of the City Recorder, of the rate percent of thelax levy made by the Council and all delinquent special benefit assessments and the penalties thereon, and it shall be the duty of such Clerk to compute the taxes and extend the same by entering the aggregate tax in the appropriate columns on the tax roll, and such taxes, special assessments and penalti.es shall be collected by the same officer, in the same manner and at the same time as taxes for County purposes are collected, and the same shall be paid over by the County Treasurer tO the City Recorder as provided by law for the paying over of city taxes. Section 3. Coun _ty Road Tax The territory within the limits of the City of Ashland as now existing and as nay be hereafter extended is hereby excepted out of the jurisdiction of the County Court of Jackson County for .liceflsing purposbs and road purl~os, es, and the City council shall .have full and exclusi.ve jurisdiction.over the same. The inhabitants of the City shall be eXempt from the payment of road taxes and assessments of the property within the City for road work, except Such taxes as may be levied and assessed by the City Council, and all such taxes shall be placed'in a sepanite fund and used for street purposes within the limits of the City and not otherwise. Page 9 of 16 ASHLAND CITY CHARTER ARTICLE 13 Appointive Officers Section 1. Appointive Officers The Mayor, with the confirmation by the Council, shall appoint a City Administrator, City Attorney and such other officers as the Council deems necessary. The Council may combine any two or more appointive offices. (Charter amendment 5-23-78) Section 2. Seoarate Police and Fire Deportment..q The City of Ashland ahall maintain a fire department Which is Sepai:-at'6 ~n3'distir~ct:~'rbm the ~ity pol'ic~' depart'n~e~i The employe~s' of ~ne"d~l~ar~ment shall not be assigned to do the job functions of employees in the other department. (Charter amendment 1-4- 86) Section 3. Qualifications. Duties. and Salaries The Council shall, by ordinances, prescribe the duties of appointive officers, and determine their compensation and qualifications, except the Municipal Judge shall'be a member of the Oregon State 'Bar. The Council may designate any appointive officer to - -supervise any other appointive officeri except the Municipal Judge in the exercise o'f his/her judicial duties. Section 4. Removal The Mayor, with the consent of the Council, may suspend and remove any appointive officer at any time. Section 5. Interest in City_ Contract~ Except as provided otherwise by law, no officer, agent or employee shall have any interest in any City contract made by him/her in his/her official capacity or by any public committee, board, commission or department of which he/she is a member, agent or employee, excePt that the employment of the officer, agent or employee shall not b6 considered a contract for the purposes of this section. ARTICLE 14 Chief of Police: Powers and Duties Section 1. The Chief of Police shall be the conservator of the peace within the limits of the City of Ashland and, in addition to the authority vested in him/her by the City Council, he/she shall have the authority and jurisdiction of a constable, and shall qualify and discharge the duties of constable, in the same manner and to the same effect as required of constables under the statutes of this State. He/she shall, within the County of Jackson, arrest any and all persons guilty of any breach of the peace committed in his/her presence, and take them before the judge of the City Court, or some Justice of the Peace for trial. He/she shall also have th.e power, u.nder any w _aj'rant_ from the Judge, or any Justice of the Peace, to .arrest any person in any part of the State of Oregon for any criminal offense or the violation of any City ordinance and, in case the Council shall establish a police force for the City, he/she shall by virtue of his/her office be Chief of such force. Section 2. The Chief of Police shall attend all meetings of the City Council, and perform the duties of the Sergeant-at-Arms of that body, watch over, care for and preserve all the City property and good morals of the City; and it shall be his/her duty, and the duty of any and all police officers, to see that all the laws and ordinances of the City, and the provisions of this Charter, are enforced, to file complaint .with the City Judge against any persons violating any of the provisions of this .Charter, or the laws or ordinances of the City; and a failure or neglect to faithfully perform any or all of such duties shall be' cause for removal from office by the City C0uficil. ' · ARTICLE 15 Court Page 10 of 16 ASHLAND CITY CHARTER Section 1. Court A court is hereby created in the City of Ashland, Oregon, to be known as the Municipal Court. The court shall be open for the transaction of judicial business at regular times specified by the Council. All area within the City shall be within the territorial jurisdiction of the court. When not governed by ordinances or this Charter, all proceedings in the Municipal Court for the violation of a City ordinance shall be governed by the applicable general laws of the State governing District Courts. ..Section 2, Judge ::T-he Muni. cipa!Judge shall be the judicial officer of the City. He/she shall exercise original and exclusive jurisdiction of all offenses' defined and r~ade' punishable 6~'0rdinances and Charter of the City and ali other offenses made punishable by State law over which the City is given concurrent jurisdiction. He/she shall have authority to issue process for the arrest of any person accused of an offense against the ordinances and Charter of the City, to commit any such person to jail or admit him/her to bail pending trial, to issue subpoenas, to compel obedience to such subpoenas, to issue any process necessary to carry into effect the judgments of the Court, and to punish witnesses and others for · contempt of the Court. The Judge shall make a monthly report of the Court's proceedings in writing to the City CoUncil. ' "- Section 3. Term The term of the Municipal Judge shall be four (4) years. (Charter hmendment 5-23-78). Section 4. Jury. A defendant may have a jury of six (6) members by demanding the same. Any jury chosen shall be governed by the laws of the State of Oregon relating to juries in the District Court, and shall have the qualifications of such jurors resident within the corporate limits of said City. Section 5. Fines. Fees, Costs, and Cash Bail The City Council shall provide for the collection of all Court fines, fees, costs and cash bail which shall be turned over to the City Recorder. ARTICLE 16 Miscellaneous Provisions Section 1. public Utilities - Water Works The City of Ashland, a municipal corporation, shall have the power to provide the residents of said City with such services as water, sewer, electric power, public transportation and such other public utilities as the people desire by majority vote; and to exact and collect compensation from the uSers of such public utility, provided, however, that:-~~e~d.. water works and water rights now owned or which may hereafter be' a .C~l. Uil~~,~'~-~ ..~ ~ :..j... ,.: .... · · ~_~.,_~..:...~ purpose of supplying the inhabitants thereof with water shall never be' rented, of; nor shall the City ever grant any franchise to any person or corporation for the P~plYi~ ' the inhabitants of said City with water. Section 2. Torts The City's immunity or liability for torts shall be as determined by State law. Section 3. Existing Ordinances. Arts, Proceedings All existing ordinances in force when this act takes effect and not inconsistent herewith shall be and remain in full force after this act takes effect and thereafter until repealed by the Council. All actions and proceedings pending and all unfinished business whatsoever when this act takes effect shall thereafter be proceeded with according to the provisions of this act or any City ordinance applicable thereto and continued in force by this act. No suit, action or proceeding now pending in any Court shall abate by virtue of this act, and all persons in office shall continue to receive such compensation for their services during the balance of their term as appertained to the office at the time they .were respectively elected or appointed thereto; and all rights vested or liabilities incurred when this act takes effect shall not thereby be lost, impaired or destroyed; all bonds theretofore issued by said City are hereby declared to be valid and of full force and effect, and all acts of the Council heretofore done in good faith for the benefit0f the City and on which proceedings shall not be instituted prior to July 1, 1970 are hereby legalized and made valid in every particular. Page 11 of 16 ASHLAND CITY CHARTER Section 4. Repeal of Previously-Enacted Provisions All Charter provisions of the City enacted prior to the time that this Charter takes effect are hereby repealed, except the provisions of the legislative Charter of 1898 relating to the Powers of the Chief of Police; that is, Article X, Section 1 compiled herein as Article XIV, Section i; Powers and Duties of the Council - Taxation; that is, Article XII, Sections 1 and 2, compiled herein as Article XII, Sections I and.2; and Territory Excepted for Road .Purposes and Licensing Purposes; that is, Article XVII, Section 1, compiled herein as Article XII, Section 3; and those provisions of the previous Charter Amendments included in the following: · Article VII, Section 1, amended 11-2-54, compiled herein as Article IX, Section 1 · -Article Vlt, Section 2, amended. 1,28-09,.compiled partially herein as:Article IX, Sections 2 and3 .... .-. · Article VIIi Section 3, of 1898 Charter, compiled herein as Article IX, Section 5 · Article XXVIII, Sections I and 2, amended i !-4-30 and 10-16-59, compiled herein as Article XVII, Sections I and 2 · Article XIX, Sections 1, 2, and 4, amended 12-15-08, and Section 3, amended 4-23-51, compiled herein as Article XIX, Sections 1, 2, 3 and 4 · Article XXVII, Sections 1, 2, 3, and 4 amended 11-11-28, compiled herein as Article'XVIII, Sections 1, 2, 3, and 4 · 'Article XX[X, section 1, amended'l 1-4-30; compiled herein as Article XX, SectiOn 1 ~ · Article XXXI, Section 1, amended 1938, compiled herein as Article XXI, Sectjon 1 · Article X, Section 2, amended 7-17-19, compiled herein as Article XIV, Section 2 · Article XIX, Section l-C, amended 3-12-57, compiled herein as Article XIX, Section 1-C Section 5. Time of Effect of Charter Amendment This amended Charter took effect on July 1, 1970, except that Amendments to Article III, Section 2; Article VIII, Section 2; Article X, Section 2; Article XIII, Section 1 and Article XXII tOOk effect on June 6, 1972. ARTICLE 17 Hospital Section 1. The City of Ashland is hereby authorized and empowered to own, operate and conduct a municipal hospital within the limits of said City of Ashland under the authority and direction of the Council. Section 2. The Council is hereby authorized to issue and sell, in manner and form as in its judgment it may deem best, general obligation bonds of said City in a sum not to exceed $350,000.00 for the purpose · of providing funds with which to purchase real property for a hospital, construct a building or buildings to be used for hospital purposes, and equip and furnish said hospital in and for said City. Said bonds shall bear the date established by the Council, be serial in character, callable at any interest payment date in whole or in part on or after five (5) years from the date thereof after notice as provided by law, be retired by the said City in a period of'not to ex6eed twen~-fiv6 (25) years, be in denomination of $1,000.00 each, be signed by the Mayor and countersigned by the Recorder under the corporate seal of said City, have semi-annual interest 'coupons bearing the facsimile signatures of the Mayor and Recorder attached thereto, by the terms thereof pledge the full faith, and credit of the said City for their repayment, and hold and promise to pay to the bearer of each of said bonds at maturity thereof, the sum therein named in legal tender of the United States of America, with interest thereon in like legal tender, at the office of the City Recorder in said City or at such other office as the Council may, in its judgment, determine, which bonds shall be known as "Hospital Bonds". The particular form of said bonds, the maturities thereof, the rate of interest thereon, and such other details of their issuance and sale as are not hereiti mentioned shall be determin6d by the Council in the exercise of its. best judgment in order to carry out the intention hereof. That it shall be the dut3( of the Council to attend to the proper application of the funds derived from the sale of said bonds and the. purchaser or purchasers thereof shall in no event be respOnsible or charged with the proper application of the funds derived from the sale thereof. That the Council is hereby authorized and empOwered each year at the time of making the annual tax levy for City purposes to include in such levy a sufficient amount to meet the payment of principal and interest on said Page 12 of 16 ASHLAND CITY CHARTER Hospital Bonds as same shall be come due, and this authority shall be in addition to all Charter and Oregon Constitution debt limitation. ARTICLE 18 Cemeteries Trust Fund Section 1. The Council is hereby authorized and empowered each year, at the time of making the annual levy for City purposes, to include in such. levy a sum equal to but not to exceed one mill on each dollar of assessed valuation of property within the City, which sum shall be used for the purpose of maintenance ' and-upkee~ '6fcemeteries'held by; or under'control of the. City of Ashland.. Such. levy.shall not be .within the limitation of taxation provided by law. Provided further that each year from the proceeds of such levy the Council shall set aside in a permanent trust fund the sum of $500.00, the income from which shall be used to carry out the purposes mentioned herein. When such trust fund shall have accumulated to such an extent as to provide sufficient income for the purposes for which same was created, then no further tax levy shall be made thereafter. Section.2..The Council is hereby g!ven authority to receive control, for and on behalf of the City of Ashland, or any privately-operated or owned cemetery within the 'said City for the purpose' of providing proper upkeep and maintenance of any such cemetery, said Council to receive such control only upon conditions as to it may seem for the best interests ofthe City. Section 3. The Council is hereby authorized to create such funds as, in its discretion, may be necessary for the purpose of keeping and maintaining in proper condition the cemeteries within or adjacent to the City of Ashland, and under the jurisdiction of said Council, and is further authorized from any monies received from sale of cemetery lots, to specifically create a trust fund for the perpetual upkeep of the lots so sold, and is further authorized to contract with the purchasers of any lots so sold, on behalf of the City of Ashland, for the perpetual upkeep of said lots on such terms and conditions as said Council may deem best for the protection of said City. Section 4. The Council is hereby authorized to accept any bequests or donations for the purposes mentioned herein on behalf of the said City, which donations or bequests shall become a part of said permanent trust fund, unless specified otherwise when any such bequests or donations are given. ARTICLE 19 Park Commission Section 1. ~ All those lands specified by the Charter Amendment of December 15, 1908 and May 13, 1912, are hereby reserved and forever dedicated to the people of the City for park purposes and shall never be sold, leased, encumbered! Or used' for any phrpo~e inconsistent therewith; provided, however, that such public buildings as may enhance the beauty of said park, or that shall not detract therefrom, may be constructed if so directed by a majority vote of the electors of said City; and provided further, that nothing contained in this act shall be construed so as to impair or interfere with proper construction or operation of the City's light, power or water system. Section IC. That the Ashland Park Commission, with the consent of the Common Council, shall have the authority to lease to the Oregon Shakespearean Festival Association, a non-profit corporation of the State of Oregon, any portion of Lithia Park described as follows, to-wit: That certain property commencing at the northeast comer of the Chamber of Commerce building; thence, southerly along the base of the hill to southern side of pond in 'lower park; thence, east to ditch carrying water to waterfall; thence, southerly along ditch 150 feet; thence, east 110 feet to west side of Hargadine Street; thence,, northerly on'west line Page 13 of 16 ASHLAND CITY CHARTER of Hargadine Street to northeast comer 'of park property; thence, following the meandering north line of park property to place of beginning, containing approximately two acres for the purpose of remodeling and expanding the present Festival theatre and the construction of additional buildings which are hereby designated as public buildings for use by the Oregon-Shakespearean Festival Association .for any of the purposes authorized by the. corporate charter of said association, said use to be on such terms and conditions as the Ashland Park Commission, with the consent of the Common Council, deems in the best interests of the City; provided, however, that any lease shall not exceed a period of ninety-nine (99) years. , ....... .. Section 2. Park Commission The certain board created by a vote of the qualified electors of the City of Ashland, Oregon, at a special election held on the 15th day of December, 1908, which became effective by the proclamation of the Mayor published on the 17th day of December, 1908, and known' and designated as the "Ashland Park Commission", be and the same, as constituted and created by said Charter amendment, and as now existing, is hereby perpetuated and continued as five (5) members with ali the powers conferred and duties imposed by said Charter amendment and ordinances of the City of 'Ashland. Provided, that at the general biennial election to be held on the first Tuesday after the first Monday in November, 1920, two commissioners shall be elected to serve for the term of four (4) years from the first day of January, 1921, and that at the general biennial election to be held in November, 1922, three commissioners shall be elected to serve for the term of four (4) years from the first day of January, 1923, and that the term of office for each succeeding commissioner shall be four (4) years unless elected to fill a vacancy, in which event he/she shall be elected to serve until the first day of January following the next succeeding biennial election after any such vacancy. Provided, further, that each of the commissioners now constituting the present Ashland park Commission shall hold office for the term for which he/she was elected, and until his/her successor is elected and qualified. Section 3. Funding The said Park Commission shall have control and management of all the lands here dedicated for park purposes and' of all other lands that may hereafter be acquired by the City for such purposes. They shall have control and management of all park funds, 'whether the same is obtained by taxation, donation or otherwise, and shall expend the same judiciously for beautifying and improving the City's parks. It shall be the duty of said Commission and they shall, at the beginning of each month, file with the City Recorder for the information of the City Council and the public, a report of their doings for the preceding month. Such report shall specify all funds on hand and the source from whence obtained. It shall carry a clear statement of all monies expended and for what purpose. Ail purchases made and all labor performed, together with the cost thereof, shall be embodied in said report. At the time for making the tax levy for general City purposes in each year, the said Commission shall cause a careful estimate to be made of the money required for park purposes for the'ensuing year and file the same with the City Recorder, whereupon there shall be included in said general levy not to exceed four and one half (4-1/2) mills on the dollar to meet such requirements, which, when collected, shall be deposited with the City Recorder subject to the order of said Commission. The levy herein authorized shall be outside the limitation on taxation set forth in Article XI, Section II of the Constitution of Oregon. Section 4. Salary_; Government The said Commission shall, serve without pay and shall have power to formulate and adOpt rules and regulations for their government and for the purpose of carrying into effect the purposes of their creation as Park Commission. They shall-enter upon the discharge of their duties immediately upon their organization and shall, as soon as may be expedient, cause a map or maps to be made of the lands herein dedicated, and shall make the same conform to the descriptions contained in the Page i 4 of 16 ASHLAND CITY CHARTER instruments by which said City obtained title thereto; which said instruments shill be considered as carrying a more specific description of said lands. ARTICLE 19a Open Space Park Program Section 1. Creation, Powers and Duties An Open Space Park Program is hereby created to be administered by the Ashland Park Commission. The Park Commission shall make recommendations to the City Council concerning priorities for land and easement acquisitions for the Open Space Park · Program. After dedication of land to the Open Space Park Program, the Ashland Park Commission shall be responsible for the administration, development and operation of such lands. Section 2. Land and Easement Acquisition Procedures Both the Ashland Park Commission and the City Council must agree upon land or easements to be acquired for open space park purposes. Before any land or easements that have been acquired for the Open Space Park Program are disposed of and released from the Program there shall be a public hearing. Disposal shall be by Ordinance, which shall not contain an emergency clause, thus giving to the people of the City of Ashland the opportunity to petition for 'a referendum. Land or easements acquired for open space park purposes shall be dedicated by the City Council for such purposes. Such dedicated lands or' easement shall be.under the control and management of the Ashland Park Commission. The City Council shall n6t use the power of condemnation to acquire fee simple ownership of any land for Open Space purposes or for trails. (Amended 8-14-90) Section 3. Resources Monies dedicated to the Open Space Park Program shall be expended only for Open Space lands or easements, for costs of acquisition and for such other purposes pertinent to the Open Space Park Program as the Council and Park Commission may jointly determine. All monies dedicated for acquisition of Open Space Park Program lands shall remain under the financial management of the City of Ashland. The tax measures for funding for land acquisition for the Open Space Park Program shall be approved by 'the voters, and the tax rates approved therein by the voters shall not be altered for Open Space purposes by the City Council without further approval by the electorate. Said tax measures for funding of the Open Space Park Program shall expire on December 31, 2010, unless extended by a vote of the electorate. (Amended 8-14-90) Section 4. Definition and Purpose of Open Space Park Lands The definition and purpose of open space park lands shall be as defined in State Law, ORS 308.740, or as modified by Ordinance of the City of Ashland. (Amended 5-15-90). - ARTICLE 20 Municipal Airport Section 1. Power The City of Ashland is hereby given the power and authority to acquire, own, conduct and operate a municipal airport either within or outside the limits of the City of Ashland, under the authority and direction of the Council. ARTICLE 21 City Band Section 1. At.the time of making the tax levy for general City purposes each year, the Council shall cause a carefu! estimate to be made of the money required for the purpose ora City Band for the ensuing" year, such estimate shall be presented and considered with the other items in the annual budget and there Page 15 of 16 ASHLAND CITY CHARTER shall be included in the general levy for the ensuing year not to exceed six-tenths (.6) mills on the dollar for such band requirements, which fund, when collected, shall be deposited with the City Recorder, subject to the order of the Council. ARTICLE 22 Recreation Commission Section 1. The Ashland Recreation Commission is hereby created to be Ashland Park Commissioners and their terms o£office shall be the same. composed of the five (5) Section 2. The powers and duties of the Recreation Commission shall be as set forth in this Charter, the Ordinances of the City of Ashland, and by any other applicable law. Section 3. Any funds to be spent by the Recreation Commission for recreation purposes shall be from such funds as may be appropriated from time to time by the City Council, and in no event shall any funds be spent for recreation purposes that are received pursUant to Article XIX of this Charter and which relates tO the Park Commission and a levy for park purposes. Page' 16 of 16 CITY OF -ASHLAND Council Communication Title: Ashland Forest Lands Restoration Project Summary Dept: Ashland Fire & Rescue Date: May 4, 2004 /7~ Submitted By: Keith E. Woodley, Fire Chief' Synopsis: The Ashland Forest Lands Restoration Project Phase 2 ti sale was completed on Wednesday, April 14, 2004. This council communication is intended to provide a project summary for the City Council. Recommendation: Information only. Fiscal Impact: Project financial report is included in this council communication. Background: The timber sale component of the Ashland Forest Lands Restoration Project was completed on Wednesday, April 14, 2004. The Ashland Forest Lands Commission is to be commended for their excellent effort on this project. The project progressed smoothly without mishap or major disruption of public activities within the City of Ashland. The cooperation and support of the City of Ashland Public Works and Police Departments was instrumental in the success of the project. During the period of time that recreational access to portions of the Ashland Watershed was prohibited, the understanding and cooperation of the community was greatly appreciated. A project financial summary and related timber sale statistical information is provided below: Financial Summary: Total net payment to City of Ashland from log buyer (Boise Building Solutions) $262,650.49 Payment to Superior Helicopters $263,091.64 Project cost to City of Ashland $ 441.15 The sale of firewood generated by the project is still pending. Slash treatment is currently underway, consisting of slash piling for later burning and felling of selected small diameter snags that are within striking distance of recreational trails. These snags were too small or deteriorated to be merchantable at time of timber sale. Slash treatment has been budgeted for within the Forest Interface Budget. A statistical summary is provided below: Logs removed Average log size Average log contained Average truck load Average helicopter load Average helicopter turn 9,056 / 111 log truck loads 28 feet long / 6.5 inches diameter at top / 10 inches at breast height 47 board feet 8l logs (by comparison, private land timber sales - 16 logs per load) 6 to 8 logs / 4,700 lbs 2.7 minutes (a "turn" is the measured distance from the log truck loading area to the forest unit being harvested and back again) CITY OF ,-ASHLAND Council Communication Title: Dept: Date: Submitted By: Approved by: Synopsis: Recommendation: Fiscal Impact: Background: Report and Recommendation on Financing Alternatives for Ashland Fiberoptic Network (AFN) " "" Finance Department May 4, 2004 Lee Tuneberg, Finance Director Gino Grimaldi, City Administrator .,~,~ AFN is five years old and construction and operations not paid for by revenues to date have been financed by two bank loans totaling $7.4 million and internal borrowings from other funds at $6.95 million. The debt-service on the bank loans for FY 2004-05 will be $1.2 million and internal borrowings was projected to increase another $800,000 by June 30, 2005 despite an increase in sales of $500,000. The basic affect of paying principle on the bank loans is shifting debt internally by borrowing cash short falls from other funds. After reviewing options with financial advisors and bond counsel staff is recommending restructuring all debt with an external financing, restoring amounts borrowed to the originating funds and guaranteeing the new debt with AFN revenues, Electric Fund revenues and other revenues of the city. Council accept the recommendation from staff and authorize the Finance Director to proceed with restructuring the AFN debt bringing back to Council a plan and resolution within 30 days. The financial impact of restructuring the debt varies based upon the method used and interest rate obtained. Revenue bonds that are "taxable" is the most likely scenario and 6.25% is the estimated rate, about halfway between the bank loan rates but well above today's internal borrowing rate. It is safe to say that issuing bonds will cost considerably more than internal borrowing due to higher rates, issuance costs and fees to call the bank loans but will result in lower annual debt service that better matches revenues and cash flows. It will simplify the annual city budget by removing all borrowing for AFN and restore borrowed monies to the lending funds. AFN's debt load is approximately $14.0 million and is projected to remain in that neighborhood for the next five years as revenues continue to increase and soon become greater than operating costs. Debt service, on existing loans outstrips any op.e. rating income and result in additional internal borrowings beyond the principle amount paid to banks. Discussions with bond counsel and financial advisors have identified that the city could continue the current practice of borrowing internally; paying' it back the next year and re-borrowing the needed amount for the ensuing year. However, projects show the future need for internal borrowing eventually exceeding $9.0 million and staff is concerned that there will not be enough funds available during the time frame it may be needed. Instead of the status quo, discussions considered revenue bonds, general obligation bonds, additional bank loans, taxes and/or subsidies to replace part or all of the existing debt or to meet annual debt service. Each alternative has many issues but the most promising is a "taxable" revenue bond issue restructuring all internal and external loans. The reasoning behind revenue bonds (especially ones that are not tax exempt per the IRS Code) are as follows: 1. The intent remains that debt service will be paid by revenues. 2. Revenue bonds normally have a 20 year life and that better matches the near future cash flow projections. 3. Taxable status gives the city maximum flexibility for construction and operations financing. 4. Covenants can be constructed pledging AFN and Electric Fund revenues first before looking to other city resources. 5. The market is still relatively good for this type of issue. Additionally, a refinancing of the internal debt will restore other funds' balances reducing confusion on the total budget and mechanics of borrowing internally as well. It should be remembered that internal borrowing could be less attractive in the near future if interest rates rise and the opportunity for restructuring passes the city by. Difficult aspects are not knowing the interest rate until bid opening, issuance costs and fees may exceed $400,000 and bond covenants will require a coverage ratio of net revenues for Electric and AFN to exceed annual debt service by approximately 1.30 times. Bond covenants include coverage calculations to provide assurance to the investor that the city will take proactive steps over the life of the loan to generate enough revenues to make debt payments. The usual approach is to compare net revenues (loosely defined as operating revenues minus operating expenses) to the amount of debt service in the same year. Covenants require the agency to take action if the ratio does not meet or exceed the required ratio (example: a 1.30 requirement calls for net revenues to be $1,300,000 if debt service that year is $1,000,000). In the early years of the loan this is obtainable but there is not a great excess above this required amount. The estimated coverage is in the 1.64 to 1.90 range and it is projected to exceed 2.00 .after 6 years with what we. can calculate today. The challenges in restructuring all debt include getting to the market and b~ing well received by the financial community. AFN's success in acquiring about half' of all cable television customers in Ashland (37% of residential passings) and surpassing the competition for cable-modem customers (40% of residential passings) will help but the financial community will look to the city commitment to guarantee revenues that will be adjusted to meet or exceed bond debt service requirements, including subsidies if necessary. Staff will attempt to structure an offering that remains attractive to investors and gives the city all the flexibility it needs to move ahead with AFN and meet or exceed debt service over the life of the financing. CITY OF kSHLAND Council Communication TITLE: DEPT: DATE: SUBMITTED BY: APPROVED BY: Synopsis: Recommendation: Fiscal Impact: Background: AFN Quarterly Report Electric & Telecommunication May 4, 2004 Dick Wanderschei~c~ Gino Grimaldi This is the third quarter report for FY03-04. to March 31, 2004. It covers the period of January 1, 2004 This report is for informational purposes only and no council action is required. There is no fiscal impact. As a part of the work done by the AFN Advisory Committee in fall 2001, a quarterly report format was developed. This first report was completed in November 2001 and reports have been submitted for each quarter since then. The last report was submitted to the council on February 3, 2004 and included AFN for the period of July 1, 2003 through December 31, 2003. This report will add the first 3 months of 2004 to that data. The targets in this report still reflect the original Pro Forma, not the revised Pro Forma that was adopted by the council on March 18, 2004, as a result of the Navigant report. This was done for 2 reasons: 1) The months of Jan-March were done before the report was presented and the revised Pro Forma was adopted. 2) Staff hopes to change the report to better reflect the new Pro Forma with revised targets, and this will be done for future quarterly reports. During the last quarterly report presented to the Council in February, 2003, there was concern expressed about the number of cable modem customers that the revenue allocation report was counting. Since that time, staff has revised the report so it gives actual connected modems at the end of the month. Staff didn't have this data for the first months of the year, so we trended beginning year totals to the actual counts in March to develop the cable modem number for the first nine months of the year. Therefore cable modem numbers for July-December will differ fi.om the previous report. We have tried to point out new targets fi.om the revised Pro Forma where we can, to give a better sense of where we stand with both plans. Electric/Telecommunication Dept. Dick Wanderscheid, Director 90 N. Mountain Ave Phone: (541) 488-5357 Ashland, OR 97520 Fax: (541) 552-2436 As of March 31, AFN had 3,133 CA TV customers. The current plan target for dune 30, is2,953. The target from the new Pro Forma is 3,127. EOY 2,961 Jul 2,967 AFN Net Cable Connections by Month FY 2003-2004 (Plan Year 5) EOY Jut Aug Sep Oct Nov Dec Jan Feb Mar Apr May l1 Actual per Billing + Target ] Aug Sep Oct Nov Dec Jan Feb Mar Apr 2,977 3,024 3,081 3,108 3,096 3,082 3,119 3,133 Jun May .]lin Page l On the Internet side, we had 3,414 residential cable modem ac- counts. This is 492 higher than the dune 30, 200d current Business Plan target of 2,922. The target from the new Pro Forma is 3,465 at the end of dune. EOY AFN Net Residential ISP Customers FY 2003-2004 (Plan Year 5) EOY Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May [1Actual per Billing --e-- Target] Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr 2,990 3,016 3,151 3,165 3,187 3,243 3,243 3,399 3,414 Jun F 'P O High Speed Data accounts totaled 32. 3 ]. Business Plan Target for dune 30, 2004 is 62. The new Pro Forma target is 34 at end of year. AFN High Speed Data Connections FY 2003-2004 (Plan Year 5) EOY Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Equivalent Units updated to meet Plan-Year 5 IActual per Billing · Target I EOY Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 33.73 33.61 33.61 33.61 33.61 33.61 34.17 34.17 32.31 32.31 Bulk CA TV service re- mains constant at 140. The dune 30 target from the 2001 plan is 125. The new Pro Forma target is 140. EOY 140.3 160 140 120 100 80 60 40 20 0 Jul 140.3 AFN Bulk Services Billed By Month FY 2003-2004 (Plan Year 5) BOY Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May [IActual per Billing * Target1 Aug Sep Oct Nov Dec Jan Feb Mar Apr Ma)' Jun 140.3 140.3 140.3 140.3 140.3 140.3 140.3 140.3 Jun Page 2 Business Plan Actual Revenues and Expenses. Revenues for A FN during the first 9 months totaled 1,753, 626 including the $50,000 grant received from The Cow Creek Tribe. Charges for services are at 77. 3% of budgeted amount. 250,000 200,000 150,000 100,000 50,000 0 AFN Actual to Projected Monthly Revenues - 2003-2004 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 1Actual Revenues -.-- Plan Revenues Jul Aug Sep Oct Nov Der': ,lan Feb Mar Apr May Jun 177,532 188,372 189,803 220,509 210,734 190,164 191,879 190,322 194,310 Expenses for the first six months of the fiscal year equaled $2,678,433. Operational and pro- motional expenses are at 76% o. f Budger Jul Aug Sep 273,942 333,841 278,510 AFN Actual to Projected Monthly Expenses - 2003-2004 Using the Plan's Depreciation and Interest Expense Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr [/ActuaiExpenses ~ PI~~l May Jun Oct Nov Dec Jan Feb Mar Apr 319,196 314,023 260,602 269,239 353,127 275,952 May Jun Page 3 CITY OF -ASHLAND Council Communication Title: Dept: Date: Submitted By: Approved By: Synopsis: Reconsideration of Armory Conditional Use Permit; Oregon Military Department, PA #2003-105 Legal Department May 4, 2004 Paul Nolte V'- Gino Grimaldi Adoption of the attached revised findings would impose different conditions on the Oregon Military Department (OMD) in the operation of non-military activities at the National Guard Armory located on East Main Street. Those changes are more specifically set forth in the attached findings but basically consist of permitting more low impact gatherings as outright permitted uses on the property such as "weight-watchers meetings, gynmastics practices or events, holiday meals, private weddings, birthday parties and anniversaries (and) non-profit events" so long as there is no live music or alcohol served. Commercial uses, with some redefinition, remain subject to the conditions originally imposed by the council. This matter was appealed to the Land Use Board of Appeals (LUBA) by OMD and two persons intervened in support of the city (see below). OMD, the intervenors and city staff have all agreed that the revised findings are acceptable. Recommendations: Adopt the revised findings. Fiscal Impact: If thc case is resolved at this level, many hours of staff time in preparing a brief and arguing the case before LUBA will be saved. Since the case is not significantly complex, the amount of savings would range in the neighborhood of $2,000 to $4,000. Background: Council approved a conditional use,permit in November 2003 which was requested by the Oregon. .. Military Department for the National Guard Armory located on East Main Street. The permit approval came to the council on appeal by the OMD 'from the planning commission. OMD appealed to the council seeking a change in certain conditions imposed by the planning commission. Written findings supporting the decision were adopted by the council on December 2, 2003. G:\legal\PAUL\PLANNINGV~,rmory\findings revised for reconsiderationcc.wpd OMD then appealed the decision to the LUBA on December 23, 2003. Two parties intervened in the LUBA appeal, both in support of the City, Sidney C. Abrahams and Susan P. Rust. At the request of OMD, the intervenors and city staff met with OMD to see if the issues could be resolved short of filing briefs and arguing the matter before LUBA. Negotiations between the OMD and city staff and the intervenors resulted in revised findings to be submitted to the council for adoption. Attachments: ~- . .. . 1. Revised findings with annotations showing the revisions to the findings formerly approved by council. 2. Notice sent to all persons who originally appeared before council in this matter. G:\legal\PAUL\PLANNING~Armory\findings revised for reconsiderationcc.wpd Proposed findings for reconsideration. Changes in the findings originally adopted by the city council on December 2, 2003, are indicated by stikeouts and additions. BEFORE THE ASHLAND CITY COUNCIL IN THE MATTER OF PLANNING ACTION #2003-105, A REQUEST ) FOR A CONDITIONAL USE PERMIT TO ALLOW 6858 SQ.F]'. OFTHE ) INTERIOR OF THE NATIONAL GUARD ARMORY FACILITY, ) LOCATED AT 1420 EAST MAIN ST., TO BE USED FOR A VARIETY ) OF EVENTS INCLUDING TRADE SHOWS, FLEA MARKETS, COMMUNNITY EVENTS, AND PRIVATE PARTIES. APPLICANT: Oregon Military Department ...... .. ................................... ~ ......... ~ ..... ~ ...................... ~ ............. RECITALS: FINDINGS, .CONCLUSIONS AND ORDERS 1) Tax lot 1300 of 391E 10D is located at 1420 East Main Street and is zoned SO, with a comprehensive plan designation of Southern Oregon University lands.. 2) The applicant is requesting a Conditional Use Permit to allow a portion of the interior space at the National Guard Armory facility (approximately 6,858sq.ft. in area) to be used for a variety of events including Trade Shows, Flea Markets, Community Events, and Private Parties. 3) The criteria for a Conditional Use Permit are described in Chapter 18.104 and are as follows: A. That the use would be in conformance with afl standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. B. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. C. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject.lot with the target use of the zone. When evaluating the effect of the proposed use on the impact area, the following factors of fivability of the impact area shaft be conbidered in relation to the target use of the zone: 1) Similarity in scale, bulk, and coverage. G:\legal\PAUL\PLANNING~Armory\findings revised for reconsideration.wpd Proposed findings for reconsideration. Changes in the findings originally adopted by the city council on December 2, 2003, are indicated by sfikeou~ and additions. 2) Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. 3). Architectural compatibility with the impact area, 4) Air quality, including the generation of dust, odors, or other environmental poflutants. 5) Generation of noise, light, and glare. 6) The development of adjacent properties as envisioned in the Comprehensive Plan. 7) Other factors found to be relevant by the Hearing Authority for review of the proposed use. 4) The Planning Commission, following proper public notice, held a Public Hearing on September 9, 2003 at which time testimony was received and exhibits were presented. The Planning Commission approved the application as presented, with additional conditions of approval pertaining to the appropriate use of the site and hours of operation. 5) An appeal was filed in a timely manner by the Oregon Military Department. The appeal was heard before the Ashland City Council on November 18, 2003 at which time testimony was received and exhibits were presented. The City Council approved the application as presented, with modifications to the conditions of approval attached by the Planning Commission. Now, therefore, The Ashland City Council finds, concludes and recommends as follows: SECTION 1. EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with a "P" Opponent's-Exhibits, lettered with an "O" .. -. Hearing Minutes, Notices, .Miscellaneous Exhibits lettered' with an "M" 2 - G:\legal\PAUL\PLANNING~,rmory\findings revised for reconsideration.wpd IProposed findings for reconsideration. Changes in the findings originally adopted by the city council on December 2, 2003, are indicated by stikeouts and additions. SECTION 2. CONCLUSORY FINDINGS 2.1 'The City COuncil finds that it has received all informati°n neCessary to' make a decision based on the Staff Report, public hearing testimony and the exhibits received. 2.2. The City Council finds that as no external modifications of the facility are proposed, the proposal will have no impact on bulk, scale or architectural compatibility. 2.3. The City Council finds that site has adequate Capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation is provided to the subject property. Additionally the subject property was found to have adequate on- site parking for the intended uses. 2.4. The City Council finds that the original approval in 1987 was for a National Guard Armory, which was indicated by the Military Department at that time to be used as a military installation as well as for community functions .... The approved outright permitted uses for the subject property, therefore, are for a military installation and community functions. These outright permitted uses are not subject to the limitations of hours or numbers of time per month or other conditions imposed on the conditional uses described below. The council interprets these outright permitted uses to include, but not be limited to, military activities and community functions which are to be defined as governmental meetings; educational-, informational-, charitable-, health-, and recreational-type community gatherings such as public school graduations, blood drives, weight-watchers meetings, gymnastics practices or events, holiday meals, private weddinqs, birthday parties and anniversaries, non-profit events, and similar community uses and events, where such community functions do not include live or amplified music or alcohol. 2.5. Community functions are to be distinguished from commercial functions because such functions can have different impacts, beyond the large gathering of peoPle, upon the neighborhood. Even community events, -where alcohol is served or With liVe or' amplified music, -present their own set of adverse- impacts distinct from such impacts where they are not present. The council finds that the uses proposed by the applicant involving commercial · '- .... '-'--' "-- o~,,,~.o,,,.,,,.trade events (held to make a profit) such as ,,,~,o~ o,~,~,~ ~r~ ,,,~ shows, public dances, conceals, flea markets, far, ers,----"-'-, ,~, ~,~, ,~-'~ ~",~,,~,z UQLQQIOI ~IIIII~OLI~ ~IU~O QIIU U~ ~IU~O ] ~1 ~llV~[~ ~V~llLO ~OU~II GO LII~O~ G:\legal\PAUL\PLANNING~rmory\flndings revised for reconsideration.wpd Proposed findings for reconsideration. Changes in the findings originally adopted by the city council on December 2, 2003, are indicated by stikeouts and additions. annN'ersa~y pa,~es") or farmers markets do not constitute community functions. Because SuCh USes have not been agreed upon in adVance bY the city as required in section 18.64.030.A, the applicant is required to obtain a conditional use permit for them. In addition, the council interprets those community events where alcohol is se~ed or involving live or amplified music as not constituting "community functions" and are therefor not outright permiEed. 2'.6. The city Council finds that the ~impaCt of the act~'v~fies proposed LI I~ ~UI IUILIUI I~1 ~ ~LIviLl~, ~ ..... '~ from '~ ..... ~ .....:"~-~:-' ..... ~" impacts ~UII III I~1 ILO LI I~ I I~1 U~ I ~IU~I ILI~I ~1 U~I L~ O'~R~ :--~:~l~ ~k--I LIIIUU~II I IlUlOUQ~ ~IIU U.UUGIII LIIIU~II I I.UU~III UII I IIU~ ~IIU d~LUlUG~. I Ul[II~I~ ~11~ ~UlI~II III1~0 [11~/ [11~1~ Oil~EI ~ ~ ~ &~ R~ wJJJ outright permiEed uses posed by the applicant (as noted in 2.4) shall have no greater adverse material effect on the livability of the impact area when compared to the development of the properly by Southern Oregon University, accordinq to its zone requirements. However, commercial uses as noted in 2.5 could have an adverse impact on the adiacent residential neiqhborhood. Therefore, to ensure that those uses do not unduly impact the livability of the impact area, based upon comments from nearby residential prope~y owners, the city will impose conditions on the use of the auditorium on the prope~y related to the hours or operation for the uses limited by this conditional use permit. The conditional use activities are to be limited to 8:00 am to 9:00 pm Sunday through ThursdaY, and 8:00 am through 11:00 pm on Friday and Saturday. Furtherl the COuncil finds that there shall be no more than 12 conditional use activities occurring past 8:00 pm durinq any calendar month. The hour limitation refers to the ending time of any particular event, and does not include time'involved after the event has concluded for attendees to leave the building and the parking lot, and for applicant to clean up and close down the facility. 4 - G:\legal\PAUL\PLANNING~Armory\findings revised for reconsideration.wpd Proposed findings for reconsideration. Changes in the findings originally adopted by the city council on December 2, 2003, are indicated by stikeouts and additions. The City Council finds that with the attached conditions, the conditional uses will have no greater'adverse material effect on the' livability of the impact area when compared to the development of the subject lot with the target use of the Southern Oregon University zone. SECTION 3. DECISION 3.1 Based on the record of the .public hearing on this matter, the City Council concludes that the following described conditional use activities et in the auditorium of the National Guard Armory located at 1420-East Main Street are supported by evidence within the record and the following activities are allowed as a conditional use permit ~s granted for these actMtles: subiect to certain conditions as listed below: Commercial events in the auditorium.(where goods or services are sold for a profit) such as trade shows, public dances, concerts, flea markets, farmers markets held within the buildinq, holiday bazaars, gyr~nast~c,.,,~,o,-" '~'- dog ,.,u~,S-" and-other similar events- Any Commercial or Community function where alcohol is served, or live or amplified music is played. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action Cf 2003-105. Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action # 2003-105 is denied. The following are the conditions and they are attached to the approval: The above uses shall be conditioned as follows: That aAIl' proposals of the applicant shall be conditions of approval Unless otherwise modified here. ' '"'- ~', ,,aL nNo_ Conditional Use of the interior of the Armory-shall coincide with the exterior conditional use by the Rogue Valley Growers and Crafters Market Tuesdays 7:00 am - 3:00 pm, April through November. (Use by the Rogue Valley Growers and Crafters Market is regulated by G:~legal\PAUL\PLANNiNG~,rmory~findings revised for reconsideration,wpd Proposed findings for reconsideration. Changes in the findings originally adopted by the city council on December 2, 2003, are indicated by sfikeou~ and additions. 10. a previously issued conditional use permit.) The applicants shall obtain' a Sign Permit prior to ~nstallatlcJ,'~ of any signs beinq displayed on the site. All requirements of Chapter 18.96 shall be met. :rrhat-theThe operation shall comply with the noise levels as required in 9.08.170 of the Ashland Municipal Code. ThatThe applicant shall provide a contact person for the facility shall-be made who is available to address any concerns that may arise. This person shall be identified and contact information submitted to the Ashland Planning Division and the Ashland Police Department prior to operation of the any conditional use. That aAII Conditional Uses shall comply with applicable fire and building code requirements prior to operation of the Conditional Use activities. That Conditional Uses shall be limited to 8:00am to 9:00 pm Sunday through Thursday, and 8:00 am through 11:00 pm on Friday and Saturday. That nNo more than 12 Conditional Use activities shall occur past 8:00 pm during ~ any month. Any new outdoor lighting systems installed in relation to conditional use activities shall be designed and operated so that the area ten feet beyond the property line of the premises receives no more than 0.25 of a foot candle of light from the premises lighting system. -Further, any outdoor lighting systems installed in relation to conditional use activities shall be recessed or shielded sufficiently so as to ensure that no light source is visible from or causes glare on public rights-of-way or adjacent property.- All outdoor lighting shall be shielded so as to not emit light above a horizontal plane located at light source level. -T-~Applicant shall maintain a I°g of uses at the Armory, and t,hat the log Shall be available for review by the City'after advance notiCe is given to the Armory. · G:\legal\PAUL\PLANNINGV~,rmory~findings revised for reconsideration.wpd Notice of Reconsideration by Ashland City Council of a Request for a Conditional Use Permit to Allow 6858 Sq.ft. Of the Interior of the National Guard Armory Facility, Located at 1420 East Main St., to Be Used for a Variety of Events Including Trade Shows, Flea Markets, Community Events, and Private Parties, Planning Action #2003-105. Applicant: Oregon Military Department The city council will reconsider its decision in the above-entitled planning action on May 4, 2004, at 7:00 p.m. at the Ashland Civic Center, 1175 East Main Street, Ashland, Oregon. The decision being reconsidered was made by the council after a public hearing on November 18, 2003. The decision approved a conditional use permit for the Oregon Military Department with certain conditions. Written findings supporting the decision were adopted by the council on December 2, 2003. The Applicant (Oregon Military Department) then appealed the decision to the Land Use Board of Appeals (LUBA) on December 23, 2003. Two parties intervened in the LUBA appeal in support of the City, Sidney C. Abrahams and Susan P. Rust. The Applicant, the Intervenors and city staff have agreed to submit to the council a revision of the findings and conditions attached to the conditional use permit. Attached to this notice are the revisions to be considered by the city council. The city council will consider the revised findings and conditions at the time and place set forth above. No public testimony will be taken at this time as only the parties to the LUBA case, including the Intervenors, will have an opportunity to be heard. If you have questions or comments concerning this matter, please feel free to contact Susan Yates at the Ashland Planning Department, 541-552-2041, or Paul Nolte, City Attorney, City Hall, 541-488-5350. Attachment: Revised findings with annotations to identify the revisions, G:\legal\PAUL\PLANNING~Armory\notice of reconsideration.wpd CITY OF SHLAND Council Communication TITLE: DEPT: DATE: SUBMITTED BY: APPROVED BY: Synopsis: Recommendation: Fiscal Impact: Background: Letter Supporting BPA agreements with Puget Power and PacifiCorp Electric & Telecommunication May 4, 2004 Dick Wanderscheid Gino Grimaldi BPA is proposing agreements with Puget Power and PacifiCorp regarding payment of the $200 million reduction of risk discount and revising the benefits for residential and small farm customers of the region's Investor Owned Utilities for FY 2007-2011. These agreements would remove $200 million dollars fi:om BPA's power costs and would reduce rates by about 6% in the last 2 years of the current rate period. BPA is seeking comments fi:om its customers and interested parties by Friday, May 14, 2004. Staffhas prepared a draft letter supporting this proposal for signature by the Mayor. The Council authorizes the Mayor to sign the letter supporting this proposal and forward to BPA prior to May 14, 2004. These agreements would result in wholesale Power Savings of nearly $599,000 in wholesale power costs during the last two years of the current BPA rate period.(Oct 1, 2004 to Sept 30, 2006). BPA started the process of subscription of the NW Hydro System in 1998. As a part of this process, BPA proposed a different method to provide residential exchange benefits to the region's Investor Owned Utilities (IOU's). All six IOU's agreed to benefits which equals 2,200 average megawatts (aMW) of power at a rate approximately equivalent to BPA Preference Power Rate. These benefits could be provided to the IOU's by BPA as either monetary payments or power delivery, which then must be passed on to their residential and small farm customers. When the IOU's loads, BPA customer loads, and Direct Service Industry loads were aggregated these obligations exceeded the capability of the Federal Columbia River Power System. Subsequently, available hydropower was severally curtailed as the NW encountered one of the driest winters on record and in addition, power prices on the West Coast skyrocket to unprecedented levels. To lessen the impact on these high market prices on BPA's ability to meet firm load obligations, BPA's Administrator asked BPA's customers to enter into load reduction agreements. Puget Power and PacifiCorp executed agreements with BPA that removed BPA's obligation to deliver fu'm power for the first 5 years of the contract period (FY2002-2006). BPA used this freed up power to meet their power obligations to their other customers. Electric/Telecommtmication Dept. Dick Wanderscheid, Director 90 N. Mountain Ave Phone: (541) 488-5357 Ashland, OR 97520 Fax: (541) 552-2436 While all of this was occurring, there were a number of Public Utilities that objected to the entire subscription process that BPA used to allocate power to the region's utilities. As a part of the load reduction agreements, the IOU's negotiated a clause that would require BPA to pay a $200 million litigation penalty ifBPA couldn't convince those public utilities to drop their legal challenges to the subscription process. This settlement had to occur by December 1,2001 or the payment would be payable by BPA. When no settlement was reached, there was an agreement to defer the $200 million payment to allow additional discussion to occur with the hope of settling this litigation. Both Pacific and Puget have deferred these payments and while they are gathering interest, they have not been paid by BPA. In early 2004 their was another regional effort to once again settle the lawsuits but this again, while favored by the majority of the region's utilities, failed to get the necessary unanimous approval needed to be implemented. These steps lead to this proposal that BPA is currently seeking comments about. This proposal would have Puget and Pacific forgiving $100 million outright and deferring $100 million to the next rate period (FY2007-2011). They would receive payments of this $100 million plus a portion of the original amount of interest in 60 equal payments beginning on October 1, 2006. Also, during the period 2007-2011, this agreement would provide only financial benefits not power to all six of the regional IOU's. It would set annual floor of $100 million and a cap of 300 million for total financial benefits to all six of the IOU's. The actual amounts would be determined by a methodology, which would use market prices of power to determine the actual amount of the benefits available to the IOU's. Payment of the $200 million penaky to Pacific and Puget would have occurred in the 2 year period between October 1, 2004 and September 30, 2006. It would have been funded by increasing the Load Based Cost Recovery Adjustment Clause (LBCRAC) by about 6%. These new agreements would result in that projected increase in the LBCRAC not occurring. In Ashland's case, this would result in a net saving of nearly $599,000 over this two-year period. Staff feels that these agreements are a reasonable compromise that would accrue immediate benefit to Ashland in the form of lower wholesale power bills. As such it seems in our best interest to support BPA in this endeavor. The attached draft letter, for signature by the Mayor would express Ashland's support for BPA moving ahead with the agreements with the regional IOU's. Electric/Telecommunication Dept. Dick Wanderscheid, Director 90 N. Mountain Ave Phone: (541) 488-5357 Ashland, OR 97520 Fax: (541) 552-2436 May 4,2004 Steve Wright, Administrator Bonneville Power Administration PO Box 14428 Portland, OR 97293 Dear Mr. Wright, The City of Ashland would like to formally go on record as supporting BPA's Proposal that would result in new agreements between BPA and the Region's Investor Owned Utilities. (IOU's). These agreements would result in immediate rate relief to Ashland of about 6% in October 2004 and as such would be welcomed by the City. Because the proposal would also limit future benefits during 2007-2011 to financial only in lieu of power and also set floor and ceiling on these benefits, the proposal will be beneficial to Ashland beyond the next two years of the rate period. We appreciate BPA putting forth this proposal and would like to commend you for stepping up and being proactive in a way that will help its utility customers provide rate relief for our customers, while trying to balance all of the conflicting needs and values of the citizens of the Northwest. Sincerely, Alan DeBoer Mayor, City of Ashland CiTY OF 4 SHLAND Council Communication Title: Dept: Public Works Date: : May 4, 2004. '- Submitted By: Paula Brown Reviewed By: Paul Nolte Approved By: Gino Grimaldi Synopsis: Request for Sewer & Water Service to 295 Mistletoe Road (Outside City Limits) Mrs. Hazel Gessler who owns the property located at 295 Mistletoe Road (39 1E 14D Taxlot 1400) and has requested connection to the City water and sewer systems. The property is located outside the City limits, but within the urban growth boundary. Mrs. Gessler has received a violation notice from Jackson County advising that her existing septic system has failed. In addition, a recent analysis of the water well on the site indicates that it is contaminated. The existing home at 295 Mistletoe Road was constructed prior to 1973. Recommendation: It is recommended that the Council approve the sewer and water service connections for Mrs. Gessler at 295 Mistletoe Road, and direct staff to obtain all necessary agreements prior to final connection. This request meets the City's requirements for connection of services to properties outside the City limits. Fiscal Impact: There is no negative fiscal impact to the City for these connections and all service and connection fees will be applicable. Mrs. Gessler is on a low fixed income and will be applying for a deferral of system development charges under the City of Ashland's Affordable Housing Program. Background: In a letter dated March 15, 2004 (attached), Mrs. Gessler requested that the City provide water and sewer services to her home at 295 Mistletoe Road (391E14D - Taxlot 1400). The property is located just outside the City limits and is contiguous to the present City limits on the north and west sides and is within the Urban Growth Boundary. The single family residence, constructed prior to 1973, has been certified to have a failing septic system and a test: of the water well by Neilson Research Corporation has indicated a failing test sample with the presence of fecal coliforms / E. coli. (letter and test results attached). The property is located just east of Bellview School and within the Hamilton Creek drainage. The possibility of additional contamination entering the creek is very possible if the septic failure is not addressed soon. Water and sewer mains are located within Mistletoe Road and a sewer lateral was installed for this lot when the main was constructed several years ago. The water main is located within the south shoulder of the street and can be accessed with little or no pavement cutting. G:\pub-wrks\eng\dept-admin\Waters\Sewer & Water Connections\CC Gessler 295 Mistletoe water sewer.doc SEWER- Ashland Municipal Code Section 14.08.030, Connection - Outside City, Inside Urban Growth Boundary (Amended Ord 2861,2000) An occupied dwelling or building located outside the City of Ashland and inside the urban growth boundary may be connected to the sewer system when such connection is determined by the Ashland City Council to be in the best interest of the City of Ashland and to not be detrimental to the City's sewerage facilities. Such connection shall be made only upon the following conditions: A. The applicant for sewer service pays the sewer connection fee and the systems development charges established by the City Council. The applicant has been advised of the estimated costs for this connection and is prepared to pay the water connection fee of $1,234, sewer connection fee of $1',610 and SDCs estimated at'$2656,. Applicant will defer SDCs under, the Affordable Housing Program. B. In the event a dwelling or building connected to the sewer system is subsequently replaced for any reason, then the replacement dwelling or building may [continue to be] connected to the sewer system of the City as long as the use of the sewer system will not be increased as determined by the Director of Public Works. The applicant has been advised of this requirement. Successful annexation will not have this requirement attached. Co The applicant shall be responsible for the full cost of extending the City.of Ashland sewer main or line to the property for which sewer service is being requested. Sewer mains are in place along the property and laterals have been extended beyond the pavement edge. Do The applicant shall secure, in writing, statements from Jackson County that the existing sewage system has failed and that the provision of sewer by the City of Ashland does not conflict with the Jackson County Comprehensive Plan, support documents, rules, or regulations. The County has issued a specific written statement that the current septic system has failed. E° The applicant furnish to the City a consent to the annexation of the land, signed by the owners of record and notarized so that it may be recorded by the City and binding on future owners of the land. The property owner has signed consent to annexation. F. The applicant shall provide for the payment to the City by the owners, at the time of annexation, an amount equal to the current assessment for liabilities and indebtedness previously contracted by a public service district, such as Jackson County Fire District No. 5, multiplied by the number of years remaining on such indebtedness, so that the land may be withdrawn from such public service districts in accord with ORS 222.520 and at no present or future expense to the City. The applicant will be advised of this requirement. G. The owner shall execute a deed restriction preventing the partitioning or subdivision of the land prior to annexation to the City. The applicant has signed a deed restriction. H. That the land is within the Urban Growth Boundary. The property is within the UGB. (Ord 2704, 1993; Ord 2861,2000) WATER - City Resolution 97-27 (attached) permits water to be supplied outside the City limits. Within Section 2, one of the three provisions must be met. In this case, item C is the only fit. SECTION 2. Premises outside the city may be connected to the city water system only as follows: A. Connections authorized by the council prior to the date of this resolution. ]June 17, 1997] B. Connections authorized by the council for city or other governmental facilities. G:\pub-wrks\eng\dept-admin\Waters\Sewer & Water Connections\CC Gessler 295 Mistletoe water sewer.doc C. Connections authorized by resolution of the council where the council finds: 1. The connection is determined to be in the best interest of the City of Ashland and to not be detrimental to the City's water facilities or resources. Staff recommends connection of this property. 2. The applicant secures, in writing, a statement from the Environmental Health Division, Health Department, Jackson County, Oregon, that the existing water system for the premises has failed. Staffwill insure proper documentation is provided prior to the start of the water connection. 3. The failed water system cannot be feasibly repaired or improved and there is no other feasible source of water for the premises. Failing septic systems at this property and adjacent properties have likely contaminated the surrounding well site. Deeper wells could be sought, but contamination is unknown. Hauling water to the site is an option. Staff recommends connection to the city's water system. 4. An Ashland water main or line exists within 100 feet of the premises. The City's water main is 20 feet from the property and 125 feet from the residence. 5. The connection is to premises within the city's urban growth boundary. The property is within the UGB. SECTION 3. Connections authorized under section 2.C of this resolution shall be made only upon the following conditions: A. The applicant for water service pays the water connection fee for connections outside the city and the systems development charges established by the City. The applicant has been advised of the estimated costs for this connection and is prepared to pay the water connection fee of $1,234, sewer connection fee of $1,610 and SDCs estimated at $2656. Applicant will defer the SDC fees under the affordable housing program. B. In the event dwellings or buildings connected to the water system are subsequently replaced for any reason, then the replacement building or dwelling may continue to be connected to the water system of the City as long as the use of the water system will not be increased as determined by the Director of Public Works. The applicant has been advised of this requirement. Successful annexation will not have this requirement attached. C. The applicant furnish to the City a consent to the annexation of the premises and a deed restriction preventing the partitioning or subdivision of the land prior to annexation to the City, signed by the owners of record and notarized so that it may be recorded by the City and binding on future owners of the premises. The cost of recording the deed restriction shall be paid by the property owner. The property owner has signed consent to annexation and a deed restriction. D. The property owner shall execute a contract with the City of Ashland which provides for: payment of all charges connected with the provision of water service to the property; compliance with all ordinances of the city related to water service and use; termination of service for failure to comply with such ordinances and that failure to pay for charges when due shall automatically become a lien upon the property. A memorandum of the contract shall be recorded in the county deed records with the cost of recording to be paid by the property owner. The applicant has been advised that he will incur these costs. Attachments: Vicinity Map, P1at 'Map Letter from Jackson County Letter of 4/15/04 Neilson Research Test Results G:\pub-wrksXeng\dept-admin\Waters\Sewer & Water Connections\CC Gessler 295 Mistletoe water sewer.doc 2,04 AC, 25OO 24O4 !.~ AC. CS.-IlM~ SCALE 1": 100' PROPOSED SERVICE AREA ~ 1~)0 1.S AC. 155.J1' 2403 0.4,7 1.S AC. AC. Ilg. CMl. IOY'T LOT I LOT ~ CS-MIl W. COl. $0V'I LO1 6.01 AG. #1.13' i54.45' I I C~,6616 700 26OO 5.74 AC. RR-5 1 LOT LETTER OF INTENT REQUESTING CONNECTION TO THE CITY OF ASHLAND SERVICES OF SEWER AND WATER I, Hazel Gessler am the owner of property located at'295 Mistletoe Road (see current legal description of property attached) request connection to the City services. My. present sewer system is failing (see attached letter, by Todd Miller, . Jackson County, dated: 03/10/04), and my well water is unfit to drink. I am a widow surviving on a very limited social security income, and the cost of and procedure will be difficult, but not impossible to meet the requested connection cost. This property at 295 Mistletoe Road will be left to my youngest daughter, Rose Mary Weber (Post Office Box 59, Castella, Ca. 96017 [530] 235-2196) upon my death at which time she will become the sole owner. I declare under the penalty of perjury that the above statements are true and correct. Dated this 15th day of March, 2004. "' Hazel Gessler 295 Mistletoe Road ' Ashland, Oregon 97520 (541) 488-0537 Legal Description of Property Letter Noting Failure Signed Irrevocable Consent to Annexation Forms :~ 0 ,< 0 Z Z 0 ~<~ ~ 0 ~ 0 o E]~r'q n W W [2[5][5] O~ Sample Location (address of water source) Collectiorl Date aOd Time~- TEST RESULTS [] Sample P~SSED Coliform bacteria absent ~ Sample FAILED Coliform bacteria present [] Fecal coliforms / E. coil absent ~/Fecal / E. coil present coil forms C6'mrfi.eht~=:i!: !:.!- _ ---._ Name 3[ ~~ .~_~y~ , Address'--~_ ~ "it(~ '(~(". ~ ~nv~onmental Testing ~b~rato~ 245 Sou~ ~ S~t ~ M~for~ ~egon 97501 Telephone (541) 770-567g ~ F~x (541) 770-2901 EP~ ~pp~v~d, Or. on ~borato~ NRC S~ple ~ ~ Test M~;"~';:' ~,~ ' '" . ~ EC+MUG ~MF Sample Invalid: Resample Imm~iately: ~ Leaked ~ ~r ~ houm old Analys~~a~¢ CITY OF SHLAND Council Communication Title: Dept: Date: Submitted By: Approved by: Resolution Reiterating City's Policy of Relating the Expenditure of Monies for Economic and Cultural ~Development tO the Hotel/Motel Tax and Repealing Resolution 2000-25 Finance May 4, 2004 Lee Tuneberg Gino Grimaldi Synopsis: Recommendation: Fiscal Impact: Background: An established Council ad hoc committee has met several times since December 5, 2003, and a study session of Council was held in April on this subject. Documentation of that study session is attached. The attached resolution was drafted for the study session as an example of how the resolution could be changed to better meet the ad hoc committee's goals. Adopt the resolution. No direct fiscal impact is being proposed at this time. Grant amounts would be budgeted as in the recent past recognizing the requirement to comply with state statutes regarding allocation of Transient Occupancy Tax revenues for tourism. The ad hoc committee appointed by the Mayor has met many times over the last four months to review the history of the City's allocation of Transient Occupancy Tax revenues to support economic and cultural programs. The impact of recent state legislation regarding the use of such revenue to promote tourism was reviewed and an amount was established by majority vote to be the "base" for future annual expenditures. A remaining issue is the direct allocation of significant portions of the tax revenues to the Ashland Chamber of Commerce and the Oregon Shakespeare Festival and what goals relate to those amounts. This could be resolved by revising the resolution to hold the amount granted to these two entities at or near the net amount granted in FY 2003-04, adjustable each year by the percentage of inflation set by the Budget Committee for the General Fund. The Chamber of Commerce amount would support tourism promotion and economic development. This would result in the portion allocated to the smaller grantees to grow at a more rapid pace to accomplish other goals considered by the ad hoc committee as they agree with overall Council goals. In times of deflation the amount allocated to all agencies would decrease a similar amount not to fall below the state minimum. Reductions in the annually budgeted revenue will result in a decrease to all recipients and the state minimum amount to be spent on tourism. An alternate resolution is attached. It incorporates changes that could be followed on a trial basis as suggested by Councilor Jackson. Attached are: 1. Minutes from the study session, 2. A report from the ad hoc committee chair, 3. A report from staff on one possible method of calculating the minimum or base amount to be expended annually on promoting tourism, 4. A draft resolution allocating Transient Occupancy Tax revenues, 5. Minutes and other material from the meetings. 6. An alternate resolution. RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND REITERATING ITS POLICY OF RELATING THE EXPENDITURE OF MONIES FOR ECONOMIC AND CULTURAL DEVELOPMENT TO THE HOTEL/MOTEL (Transient Occupancy) TAX AND REPEALING RESOLUTION 2000,25 THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. That the city council recognizes that the source of monies for the Economic and Cultural Development Grant program is the Hotel/Motel Tax. SECTION 2. The following are the goals which the Economic and Cultural Development Committee is attempting to meet by granting money to applicants: a) Tourism Promotion. b) Economic Development by: 1) Responding to general inquiries about business in the city; 2) Providing assistance to existing small businesses; 3) Providing technical and financial assistance for the expansion of existing businesses; 4) Providing technical and financial assistance for the development of new businesses; or 5) Providing such other services and support to business as the city council may deem beneficial. c) Cultural Development.. SECTION 3. Beginning in Fiscal Year 2004~2005, the city council will appropriate thirty-three and one-third percent (33.3%) of the anticipated Hotel/Motel tax monies for Economic and Cultural Development. Of the granted monies, the City of Ashland has determined that as of July 1,2003, 42.7% were expended on tourism promotion, as defined in Chapter 818 of the 2003 Oregon Laws, and will continue to be spent on tourism promotion. The remainder of the moneys may be allocated to grants in any of the three categories set forth in Section 2 of this Resolution. By January 31 of each year each recipient of grants under this resolution shall submit a report to the city council setting forth how the grant funds received were expended in furtherance of the goals set forth in Section 2. SECTION 4. The following guidelines and criteria are established for the Economic and 1- 2004 TOT expenditure resolution Cultural Development Grants: a) Grantee shall be a 501(c) non-profit agency. b) Grantee shall be a non-governmental agency. c) Grantee shall promote livability for the citizens of Ashland. d) The minimum grant proposal will be $1,000. e) The grant will benefit Ashland in regards to enrichment and activities of an economic nature. f) Grantee shall serve the population in Ashland but may encompass other venues'in the Rogue Valley. SECTION 5. Resolution 2000-25 is repealed upon passage of this resolution. SECTION 6. This resolution takes effect upon signing by the mayor. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this __ day of ,2004. Barbara Christensen, City Recorder SIGNED and APPROVED this . day of ,2004. Reviewed as to form: Alan W. DeBoer, Mayor Paul Nolte, City Attorney 2- 2004 TOT expenditure resolution RESOLUTION NO. 2004- Alternate A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND REITERATING ITS POLICY OF RELATING THE EXPENDITURE OF MONIES FOR ECONOMIC AND CULTURAL DEVELOPMENT TO THE HOTEL/MOTEL (Transient Occupancy) TAX AND REPEALING RESOLUTION 2000-25 THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. That the city council recognizes that the source of monies for the Economic and Cultural Development Grant program is the Hotel/Motel Tax. SECTION 2. The following are the goals which the Economic and Cultural Development Committee is attempting to meet by granting money to applicants: a) Tourism Promotion. b) Economic Development by: 1) Responding to general inquiries about business in the city; 2) Providing assistance to existing small businesses; 3) Providing technical and financial assistance for the expansion of existing businesses; 4) Providing technical and financial assistance for the development of new businesses; or 5) Providing such other services and support to business as the city council may deem beneficial. c) Cultural Development. SECTION 3. Beginning in Fiscal Year 2004/2005, the city council will appropriate thirty-three and one-third percent (33.3%) of the anticipated Hotel/Motel tax monies for Economic and Cultural Development. The City of Ashland has determined that as of July 1,2003, $186,657 or 14.23% of total Hotel/Motel tax revenues were expended on tourism promotion, as defined in Chapter 818 of the 2003 Oregon Laws, and will continue to be spent on tourism promotion increased or decreased annually consistent with the estimated TOT revenues budgeted. The amount to be allocated annually to Ashland Chamber of Commerce (COC) and Oregon Shakespeare Festival (OSF) for promoting tourism per the state definition shall be $80,432 and $110,000, respectively, adjusted each year by the amount of inflation or deflation established in the Budget process. An additional amount of $150,000, adjusted each year by the amount of inflation or deflation established in the Budget process, will be granted annually to COC for economic development projects in 1- 2004 TOT Expenditure Resolution - Alternate cooperation with City staff. Any additional amount for tourism required by Chapter 818 shall be allocated to COC, OSF or other group during the budget process. The remainder of the monies budgeted for these grants may be allocated to grantees for activities fitting in any of the three categories set forth in Section 2 of this Resolution. By January 31 of each year each recipient of grants under this resolution shall submit, a report to the city council setting forth how the grant funds received were expended in furtherance of the goals set forth in Section 2. SECTION 4. The following guidelines and criteria are established for the Economic and Cultural Development Grants: a) Grantee shall be a 501(c) non-profit agency. b) Grantee shall be a non-governmental agency. c) Grantee shall promote livability for the citizens of Ashland. d) The minimum grant proposal will be $1,000. e) The grant will benefit Ashland in regards to enrichment and activities of an economic nature. f) Grantee shall serve the population in Ashland but may encompass other venues in the Rogue Valley. SECTION 5. Resolution 2000-25 is repealed upon passage of this resolution. SECTION 6. This resolution takes effect upon signing by the mayor. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this __ day of ,2004. Barbara Christensen, City Recorder SIGNED and APPROVED this ~day of ,2004. Reviewed as to form: Alan W. DeBoer, Mayor Paul Nolte, City Attorney 2- 2004 TOT Expenditure Resolution - Alternate Memo DATE: TO: FROM: RE: April 2, 2OO4 Mayor and City Council Mike Franell, Assistant City Attorney Lee Tuneberg, Finance Director Calculation of Promoting Tourism per State Legislation One of the difficult decisions the Council must make is to determine what percentage of Ashland's transient occupancy tax (TOT) as of July 1, 2003, was actually being spent to fund "tourism promotion or tourism-related facilities" pursuant to Section 11 (5) 2003 Oregon Laws Chapter 818. This decision needs to be made in order to: o Facilitate compliance in the coming years; Support the City Council Ad hoc committee in identifying possible revisions to Resolution 2000- 25 for distributing Transient Occupancy Tax revenues; and Maintain flexibility for the city in allocating monies for promoting tourism and Economic and Cultural development. 2003 Oregon Laws Chapter 818 defines tourist as someone who travels over 50 miles or stays overnight. Tourism is defined as the economic activity resulting from tourists. Tourism promotion is activity generally relating to the attraction of tourists or stimulation of future tourism. Since the city has granted money to various entities identifying the source of those funds as proceeds from the tax revenues it becomes important to calculate the amount meeting the state's definition. The test is how much the city spends on tourism promotion or tourism related facilities. The difficulty arises in that the express intent of the City in Resolution 2000-25 for the expense of its transient occupancy tax revenue does not easily relate to the new state legislation in this area. Additionally, the accounting of the funds received by Ashland Chamber of Commerce does not neatly consider the tracking required by the new state legislation. FINANCE D~A~TMEm D. L Tuneberg, Director Tel: 541.488-5300 20 East Main Sl~e t Fax: 541-488-5311 Ashland, Oregon 97520 TTY: 800-735.2900 www.ashland.or, us Memo In the current fiscal year, the major grant recipients are the Oregon Shakespeare Festival (OSF) and the Ashland Chamber of Commerce. The committee has accepted that all the money that goes to OSF ($112,332) can be considered promoting tourism given the size of OSF's budget for promotions. The Chamber presented information identifying how they have, in this fiscal year, performed all of the elements of economic and cultural development as defined in Resolution 2000-25. However, they assert that all the money they received from the TOT was expended only for tourism prOmotion or support. The Council TOT committee reviewed the material submitted by the Chamber and 'felt this assertion did not comply with the City's intent in the distribution of the funds nor reasonably in the Chamber expenditure of the funds. The Committee recommends a determination that 30.7% of Chamber's total budget ($208,725 of $680,900) was spent on activities meeting the state's definition. This figure is determined by considering that Resolution 2000-25 identifies six separate areas of appropriate expenditure for economic and cultural development. Only one or two of the six areas directly relate to tourism promotion. Since the Chamber identified they performed functions in all six elements of 2000-25 it is valid to consider only a percentage of the granted TOT mOney was spent for the tOuriSm 'functions. The remainder was spent in the performance in the other areas of economic and cultural development. The Chamber did not design its budgetary process in such a manner that easily allows tracking of the expenditures in accordance with Chapter 818 definitions. Therefore, the Committee must make a reasonable determination based upon the available information as to the TOT funds actually expended in tourism promotion. To do this, the Committee looked at the total Chamber budget and took the percentage of the total budget that is clearly identified as tourism promotion and applied that percentage against the funds supplied by the City to determine the total amount of the TOT funds provided to the Chamber that were expended on tourism promotion. (30.7% or $74,325) Another assumption accepted by the committee was that most of the portion of the TOT revenue allocated to other grant recipients (12% of 1/3 of budgeted receipts) were expended on projects to enhance the quality of life for local and regional residents. The portion that may have been expended on tourism promotion would be very difficult to track, is most likely very small and could be considered deminimis and omitted from the calculation of the amount per the state's definition. With the above definitions and interpretations and assumptions this translates into a total of $186,657 being spent to promote tourism per the state's definition for fiscal year 2003-04 since the effective date is July 1, 2003. This amount is 14.23% of the budgeted TOT revenue of $1,312,000. This percent will FINANCE DEPARTMENT g. L. Tuneberg, Director Tel: 541-488-5300 20 East Main Street Fax: 541-488-531 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.o~.us Memo need. to be adhered to as the city budgets TOT revenue each year and calculates the "base" amount or minimum amount that shall be spent on promoting tourism attracting people from 50 miles away or to stay over night in Ashland. The actual dollar amount to be spent will rise or lower with the estimated amount of revenue budgeted each year. FIN ANCE OEP ARTMENI D. L Tuneberg, Director Tel: 541-488-5300 20 East Main Street Fax: 541-488-5311 Ashland, Oregon 97520 1-i-Y: 800-735-2900 w~w~.ashhand.or.us TOT Subcommittee Chair's Report to Council To: Mayor and City Council Members Copies to: Gino Grimaldi, Lee Tuneberg, Mike Franell From: Kate Jackson, TOT Subcommittee Chair Date: April 7, 2004 RE: Subcommittee actions and recommendations The TOT Council Subcommittee consisted of three Councilors: myself, Chris Hearn and Cate Hartzell. We met 10 times from December 5, 2003 to March 11, 2004~. Eight of those meetings were publicly noticed. One was an evening meeting to take public input from interested parties. The Chamber and OSF attended all the noticed meetings and were included in discussion as appropriate. In addition, a meeting was held on February 9 with Sandra Slattery, Lee Tuneberg and myself to review their initial budget analysis. Minutes of all the noticed meetings are included in this packet. Staff support included Bryn Morrison, Lee Tuneberg, Mike Franell, and Gino Grimaldi, all very much appreciated. The subcommittee was appointed at the November 3, 2003 Council meeting to recommend options regarding the allocation of the TOT. During the first meetings in December, it became obvious that first we would have to determine how the City's use of the TOT revenues relate to the new state statute that establishes a 1% state lodging tax and limits future changes in local lodging taxes:. Among the attachments today is a page with the applicable definitions in state law (HB 2267, ORS 305.824). We approached our task in two major steps: a determination of funds expended on tourism as defined in the new state statute, and a recommendation on whether and how to change the current resolution. The minutes of Feb 3, 23, and 24 meetings, along with Attorney Mike Franell's memo of April 2 titled "Calculation of Promoting Tourism per State Legislation" illustrate the discussion and decision that 14.23% of the budgeted TOT revenue (or 45% of the granted TOT funds) for fiscal year 2003- 2004, or $186,657, be the minimum amount to be spent in future years on "tourism promotion" from the Economic and Cultural Development Grant Program. This value is unrelated to the amounts presently designated in the resolution. This determination was unanimously approved by the three subcommittee members at the February 24 meeting. Chris Hearn now disagrees with the decision (see his e-mail dated March 11). Paul Nicholson of the OSF provided a table to staff showing a range of possible conclusions on March 4, 2004. The Council must now decide to accept the original conclusion of the subcommittee or arrive at its own conclusion. I urge my fellow councilors to consider the following: TOT Subcommittee Chair's Report to Council 2 1) For reasons of flexibility in use of our local tax monies, the minimum amount constrained to "tourism promotion" is preferable. Local control has always been an important tenet of Oregon city governance. 2) This assumption does not limit the amount we actually spend on tourism. It does give us more latitude to use funds for other economic development activity and to address the impacts of tourism on the community. 3) The determination does not specify who receives the funds required to be spent on tourism. The Council may choose to alter the existing focus on OSF and the Chamber or retain its current commitment to those organizations. 4) I believe two of the long-term impacts of our successful tourism promotion include the extremely high cost of housing and the skewing of our demographics toward retirement ages and dramatically away from families with children. Both of these impacts effect the livability and desirability of the community. 5) It is important to me that the City and Chamber put more effort into diversifying the economic base and supporting expansion and creation of locally owned businesses. Chamber staff and board members with whom I have spoken agree with this concern and are already taking steps in that direction. For these reasons, I believe the rationale and conclusion by the subcommittee on Feb 24 is the best for the community. The subcommittee realized that Resolution 2000-25 does not reflect the impact of the new state lodging tax rules. City Attorney Mike Franell advised us that it should do so. A proposed revision is presented in this packet of materials. The main change is to first reflect the purposes for which the City intends to spend the funds, and then to .acknowledge the minimum state "tourism promotion" expenditure. Section 2 and 3 have been reversed in order and reworded. Sections 1 and 4 have not changed. Section 5 repeals the existing resolution. Separately, we can address the question of who receives the funds. The process for distribution of grants can remain the same. Both large and small grantees would apply and later document their expenditures, including the "tourism promotion" data needed to document City compliance with new state law. The application process and review procedures can be changed without amending the resolution. Staff has revised the application form to reflect the need for specific information. The applications~have not been released yet, in order to assure that the forms accurately reflect the City's intention for this fiscal year. The Budget subcommittee meetings to review the applications are tentatively set for May 20 and 21. Although we have traditionally made the distribution during the budget process, it is not essential because staff determines the amount for distribution and simply includes that number as a placeholder in the budget. As a courtesy to the grantees, a timely decision process helps them with their own budgeting decisions. At this point, the Chamber relies on the City funds for a significant percentage of its income (35%). The OSF has also expected a specific amount each year bedause their allocation is specified as a percentage of the TOT revenue. I suggest setting a specific dollar amount, for example $220,000 for TOT Subcommittee Chair's Report to Council 3 the Chamber, with expectations that the Chamber apply for specific expenditures and projects, that the use be accounted for in an annual report and that the City may identify specific tasks it wishes to have performed (Section 2.b.5). In previous years, the contracts for grants lacked detail on the City's intent. Staff is prepared to remedy that situation this year. By setting a dollar amount, to increase with inflation or some other indicator, the City will, over time, have more funds to distribute to other projects or groups, to be determined as needs change. Keep in mind that none of these dollar amounts are affected by the amount the City must recognize as committed to "tourism promotion". I look forward to our discussion at Study Session next week. While the subcommittee has not discussed the draft revised resolution, it was prepared by staff at our request and does reflect our discussions of March 11. I would hope Council can agree to consider decisions regarding both steps for action at the next Council meeting, April 20. We have a decision to make about "tourism promotion" dollars. We have a decision to make about the resolution used to distribute the grant funds. Thank you for the opportunity to work on the TOT subcommittee. ~ Meetings were held in staff offices December 5, and 12, 2003 and February 9, 2004. Noticed meetings were held in the Siskiyou Room, Community Development Building on the following dates: Jan. 5 and 20, Feb. 3, 10, 18, and 24, Mar. 11. On February 23, a noticed meeting was held with Chamber staff in the Finance Conference Room. The February 18 meeting was held in the evening to take public input. The other meetings were held from noon to 1:30 p.m. Page Dear TOT subcommittee and staff: In our last meeting we continued the process of determining the appropriate baseline for application of the new state law (HB 2267 - Hotel Motel Tax). Having reviewed the matter in more detail and met with representatives of the Chamber and OSF, I wanted to provide the following additional perspective: Section 11(3) of HB2267 says: "A unit of local government that imposed a local transient lodging tax on July 1,2003, may not decrease the percentage of total local transient lodging tax revenues that are actually expended to fund tourism promotion or tourism-related facilities [emphasis added] on or after July 2, 2003." Under Section 1(7), "tourism promotion" means "any of the following activities: "(a) Advertising, publicizing or distributing information for the purpose of attracting and welcoming [emphasis added] tourists; (b) Conducting strategic planning and research [emphasis added] necessary to stimulate future tourism development; (c) Operating tourism promotion agencies; and (d) Marketing special events and festivals designs to attract tourists." Under Section 1(9), a "tourism-related facility" "(a) means a conference center, convention center, or visitor information center [emphasis added]; and, (b) means other improved real property that has a useful life of ten or more years and has a substantial purpose of supporting tourism or accommodating tourism activities." Under Section 1(13), a visitor information center "means a building or a portion of a building, the main purpose of which is to distribute or disseminate information [emphasis added] to tourists." HB 2267. I reviewing the applicable law, especially the underlined portions, my view is that all of the VCB's activities qualify as "tourism promotion." Further, even if the Council found a way of disqualifying the "tourism welcoming" elements for the purpose of determining the baseline percentage, it is likely that at least $73,000 of Chamber expenditure would qualify as 'tourism promotion." It seems inconsistent for the Council to take the position for the last twenty plus years that it is funding tourism promotion through the VCB; and then, after a state law becomes effective, suddenly contend that it is funding the entire operation of the Chamber. The Chamber and VCB budgets have been separate for twenty years. The Chamber and VCB take advantage of economies of scale by sharing staff, office space, and other resources. However, their budgets are separate and the City funds, while perhaps not physically segregated, are nevertheless earmarked for VCB funding. The Chamber Board confirms their understanding has always been that the City funded the VCB budget. Based on the above, I have come to the conclusion that the entire $242,000 was used by the Chamber for tourism promotion and welcoming of tourists under Page 2 j the terms of the law. I have also come to believe that if we adopt an approach that is geared more toward substantiating a baseline which promotes maximum City control over future TOT funds, rather than openly complying with the letter and spirit of our legislature's mandate, then we are being intellectually dishonest. I just reviewed my oath of office. In it I solemnly swore in writing to support the laws of the State of Oregon. I understand andappreciate the City's understandable desire to retain power and flexibility over TOT funds. The two-thirds of the TOT receipts which go into our general fund clearly retain that flexibility. Additionally, the money spent by the VCB and OSF not only promotes our local economy in a variety of ways, but also ensures that we retain and ensure the important TOT revenue which supplements our general fund every year. Given all of the above, it is my opinion that the only baseline percentage that would withstand legal and moral scrutiny would be the 27.3% that results from the Chamber's $242,800 and the Festival's $112,332 being expressed as a percentage of the $1.3m Transient Occupancy Tax for 2003. Chris Hearn Attorney (Oregon Bar # 91182; California Bar # 134842) Ashland City Council (Position # 6) DAVIS, GILSTRAP, HEARN, SALADOFF & SMITH A Professional Corporation 515 East Main Street Ashland, Oregon 97520 (541) 482-3111; FAX (541) 488-4455 cehearnC, aol.com CONFIDENTIALITY NOTICE: This email may contain information which is confidential or subject to the attorney-client privilege. It is intended only for use by the individual to whom it was addressed. If you are not the intended recipient, you are hereby notified that the dissemination, distribution, forwarding or copying of this communication, or the use of this information for any purpose, is strictly prohibited by state and Federal privacy laws. If you have received this communication in error, please immediately telephone our law firm at (541) 482-3111 and delete this message from your system. P a_g~e ~ CITY OF -ASHLAND Transient Occupancy Tax Sub-Committee' Draft Minutes December 5, 2003 12:00pm Finance Conference Room, 20 E. Main St Meeting began at 12:I5PM. Roll Call Committee Members Present: Cate Hartzell, Chris Hearn, and Kate Jackson Staff Present: Lee Tuneberg and Bryn Morrison. Discussion of Transient Occupancy Tax Revenues and Distribution Committee members and staff discussed that the City should provide guidelines fOr what they expect from the grantees, that the City may need a new resolution designating the funds, and there may need to better identification of services the City will receive for monies granted. They expressed the need to ask the Legal Department what portion of the 1/3 of the granted monies meets the States definition of tourism and how much flexibility there wasin that, and if any of the 2/3's qualifies as tourism. It was determined that a representative from the Legal Department would be included in the next meeting. The Committee and Staff agreed to hold the next meeting on 12/12/03 in Finance Conference Room. Adjournment 1:25 PM Respectively Submitted, Bryn Morrison Administrative Secretary Finance Department In compliance with the Americans with Disabifities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102- 35.104 ADA Title I). Pag_~e~l ~ CITY OF SHLAND Transient Occupancy Tax Sub-Committee Draft MinUtes December 12, 2003 12:00 PM Legal Department, Law Library, 20 E. Main St Meeting began at 12:15 PM. Roll Call Committee Members Present: Cate Hartzell, Chris Hearn, and Kate Jackson Staff Present: Mike Franell, Gino Grimaldi, Paul Nolte, Lee Tuneberg and Bryn Morrison. Discussion of Transient Occupancy Tax Revenues and Distribution Committee and Staff determined that the next meeting would need to be advertised and-held in a public meeting area. mis Jackson volunteered to be chair, Hearn second. Motion passed. All ayes · Committee and Staff recognized the need to identify goals. Goals are to diversify Economic Development as a function, increase clarity about task and function, and accountability. They reiterated from the previous meeting the need to identify how the grantees use the money they are awarded and the possibility of creating a new resolution. Nolte explained the legislative and legal aspects questioned in the previous meeting. Adjournment 1:20 PM Respectively Submitted, Bryn Morrison Administrative Secretary Finance Department In compliance with the Americans with Disabifities Act, if you need special assistance to participate in this meeting, please contact the CiO/Administrator's office at (541) 488-6002 (T'FY 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). CITY OF SHLAND Transient Occupancy Tax Sub-Committee Draft Minutes January 5, 2004 12:00pm Siskiyou Room, 51 Winburn Way Call to Order The meeting was called to order at 12:11 pm. Roll Call Council Present: Cate Hartzell, Chris Hearn, and Kate Jackson Staff Present: Mike Franell, Gino Grimaldi, Bryn Morrison, and Lee Tuneberg , Others: Paul Nicholson, Sandra Slattery, and Mary Pat Parker Approval of Minutes Approval of previous sub-committee minutes dated: December 5, 2003 December 12, 2003 Hartzell/Hearn mis to accepted minutes as presented. Transient OcEupancy Tax Tuneberg presented a chart of this year's grant recipients, showing additional information on the proposed use of the funds in accordance with Resolution 98-23 and 2000- 25, and the demographics of visitors to Ashland. Slattery felt that all the money granted to the Chamber was used for tourism. Slattery added that the grant is meant for people in business or who want to start a business, specific to Ashland, and tourism. Tuneberg suggested that the Chamber could identify what parts of D, E, and F of the resolution they meet. Slattery will CITY OF kSHLAND address all categories in resolution. Tuneberg asked for any. numbers to use as a basis to help with the demographics. Chamber representatives agreed to meet with staff in two weeks to discuss their total budget and activities. Nicholson added that all of the money that is granted to OSF is for tourism and that they spend approximately $1 million per year in marketing and the grant is roughly 10% of budget. He will provide a financial statement. Hartzell presented a suggested list of process steps and goals. Hartzell wasn't thinking of changing resolution, she wants to figure out what the baseline is, are we achieving the goals we have set. If they need to define more goals. She explained that the functions are what we expect to accomplish by granting the money to the bigger grantees. Hearn agreed with Hartzell. Jackson wanted to view how new statute would effect the grant process, and that we need to determine a baseline for tourism. Hearn asked what statute number the legislative material was and Jackson answered ORS 305.824. Staff provided a separate sheet on the definitions of ORS 305.824. Hearn added that tourism is someone who comes from 50 miles away or more. Tuneberg said that the City plans to base it's estimate of the amount spent on tourism promotion on it's intent in awarding the funds for this fiscal year because the state law specifies the date of July 1,2003. Nicholson added that OSF and the Chamber's funding is 88% of the 33.3%, if all of the..~0hamber:s money was spent on tourism, then 88% of 33.3%=29.3 % becomes the baseline for tourism expenditure. Hearn responded that according to the statute some of the 12%was for tourism. Nicholson responded that it could be more than the 29.3%. Hartzell asked if.what they are talking about was the promotion or provision of tourism. Franell responded itis the promotion. Hartzell responded that they might need to clarify that to the grantees. Jackson suggested sending a letter to the grantees to ask them what is their use of the funds. The City prefers to define toudsm by using the information in the previous year's grant application and the analysis coming from the Chamber. Hartzell asked if we should look at 2002-03 grants. Franell said no due to the date specified in the state law. Jackson asked if they request in writing from the grantees what the funds are used for, if they are bound by what they say. Franell answered that they can assume that they would be bound_ by it unless they have reason to believe it the numbers have been manipulated. Discussion continued regarding contacting grantees on the question of tourism promotion. Jackson added that when they contact the grantees, that they would explain the changing in the state law of what is tourism and how they think they have been spending the funds. Hearn emphasized the need to be clear with the wording in the statute, that they followed the statute. Gdmaldi suggested looking at other sources first, to look at the application, and what was our intent when we spent it. Tuneberg didn't think that the intent on the demographics page did not CITY OF kSHLAND reflect the tourism specifically well. Jackson added that some of the grants are so small that it would take most of the money to write these reports for us, asked if we need to look more closely at the information they provide. Tuneberg added he would like to have the discussion in two weeks about changing the application and the minimums that they want the grantees to report on. Tuneberg said that they would-like to have the applications ready for distribution by February 1 and back from the grantees by the end of February. Disussion continued regarding the next meeting and it was decided to meet on 1/20/04 at noon. Hartzell suggested having the other grantees come to the meeting since OSF and the Chamber were there. Jacks°n responded that she was not prepared to have the public at the next meeting because the committee need to discuss it's own goals first. Hartzell suggested sending a notice of the meetings to the grantees. Where OSF and the Chamber could talk to the grantees and possibly help them with services. Slattery responded that they would be willing to discuss this option. Parker added that by inviting these groups that some of their goals would be diffused. Hartz_ell responded that she doesn't want to go further Without discussing this. Hearn added that it would be a violation of statute to lower the 12%. Tuneberg responded that he does not want to lower percentage, just to change what it goes for. The meeting concluded with discussion of the topics of the next meeting: when public input would be invited, the application changes, and distribution of the grants. Grimaldi suggested not changing the application until the goals are set. Adjournment The meeting was adjourned at 1:40 pm. Respectively submitted, Bryn MorrisorL Administrative Secretary Finance Department CITY OF ,SHLAND Transient Occupancy Tax Sub-Committee Draft Minutes February 3, 2004 12:00pm Siskiyou Room, 51 Winburn Way Call to Order The meeting was called to order at 12:12 pm. Roll Call Council Present: Cate Hartzell and Kate Jackson Council Absent: Chris Hearn Staff Present: Mike Franell, Gino Grimaldi, Bryn Morrison, and Lee Tuneberg Approval of Minutes Jackson and Hartzell agreed to wait to review and approve the minutes of January 20, 2004 until Hearn was present. Approval of grant process calendar Tuneberg spoke to the grant process calendar. He is proposing to make the applications available March 1, the applications returned from the applicants by March 19, and the Budget Committee meeting to allocate the funds on March 30 and 31. Hartzell asked what was needed to be able to send out the applications. Tuneberg responded that they were waiting for any direction tf~e councilors may have, and then they would prepare the paperwork and place a public notice in the paper. Jackson added that the councilors should add any guidance to the application before they are sent out. Hartzell suggested sending a cover letter to send with the application notifying the applicants of the changes. Jackson and Hartzell approved the grant process calendar as presented. CITY OF -ASHLAND Jackson asked when the letter was mailed out to notify the applicants of the Transient Occupancy Tax meetings and that public input would be taken on February 18. Morrison responded that the letter was mailed January 30, 2004. Ashland Chamber.of Commerce Financial Report Presentation Sandra Slattery and Mary Pat Parker presented the financial report for the Chamber. They spoke to how the Chamber adheres to the categories in Resolution 2000-25. (Please see attachment that follows) Jackson asked about the Visitors Convention Bureau (VCB), if it is a separate entity from the Chamber. Slattery responded that the VCB has its own program, budget and mission and the City grant funds are used for the VCB. Hartzell asked if there is a position on the VCB held by a person from the City. Slattery responded that there always has been and currently the mayor selects a person to appoint to the board. Jackson added that the VCB has a separate board of directors and asked if they have to be a member of the Chamber to participate. Slattery responded that they could be anyone who is involved in attractions or tourism... - Hartzell asked what the $10,000 for the Toudsm and Economic Development (research studies) in Appendix I was spent on in 2003-04 budget. Parker responded that one example was Destination Ashland, and that 100% of the people surveyed were tourists..Slattery added that they were trying to continue a program that was cut at SOU called Southern Oregon Regional Services Institute and they are also trying to create a standard visitor survey for scientific data that is seasonal specific and they are trying to develop what they want to use from the information gathered. Hartzell asked about the links on their web site and if they could be free of charge or a nominal charge. Parker responded that the fee is $10 per month and that is a nominal charge, and that they charge this so they are able to continue to improve the web site. Hartzell asked how some of the money that is granted to the Chamber for their web site could assist other smaller organizations, and if it could go toward the smaller organizations being linked on the Chamber's web_site. Slattery added that the Chamber does not charge for the community's events to be listed on the calendar. Hartzell asked if the Chamber and OSF worked together for marketing. Slattery answered that they respond to the community's needs that are brought to the attention of the committee and market accordingly. Hartzell suggested that the City needs to give more attention to how it works with the Chamber to promote the City. Slattery gave examples of how the Chamber works to promote the City. CiTY OF ,ASHLAND Hartzell asked if the people on the event committees were required to be Chamber members. Slattery responded that they didn't have to be Chamber members. Hartzell asked if the one on one business help was free to members. Slattery responded that it is free to anyone, non- members included. Hartz. ell asked for a budget specific for the Chamber, and if the grant was only used for the VCB budget. Slattery responded that the grant is only for the VCB budget and the Living and Doing Business is part of the Chamber budget, none of the TOT funds go towards it. Hartzell asked what the difference in cost was between annual and biannual reports. Slattery responded that it was roughly $18,000 for the program, and $25,000 for Living and Doing Business, without staff time and photos included. Hartzell asked about one stop permitting process. Slattery responded that they are looking to be able to give information to the public on one stops. Jackson asked at what point the Chamber decides the level of tourism is where they want it to be and sustain it and then market that differently than developing it. Slattery responded that 35% of the Chambers budget is tourism, and their direction is to improve the overall economic development of the community and that is the direction they want to encourage. If they had · more revenue, they would do more sUrveying, analyze the data, continue web-site development, and listen to what the customers wanted. Jackson voiced that she was uneasy about the ovedap of the categories and that some of the tourism dollars are :used .for economic development also. She asked what the $18,000 for the Festival of Light represented. Slattery responded that it was for media advertisement, event organization, and that those costs relate to tourism. Grimaldi suggested separating the two budgets for Chamber and VCB. Slattery added that the VCB has always had its own budget. Hartzell suggested looking at the 2002-03 financials as a full budget to see a baseline under the new State Statute. Tuneberg asked Paul Nicholson what the budget for OSF was. He responded $20.9 Million. Nicholson added that OSF's contract with the City specifies that the grant is to be used for tourism. Tuneberg added that it is difficult to distinguish the Chambers figures as tourism because of the overlapping of resources and staff. He added that if the City identifies the funds as to be used to promote tourism, it would restrict them on who and how it is used. An alternate method to proportion the funds could be if 35% of the Chambers budget is the VCB, then 35% of the funds granted could be considered for tourism with 65% considered toward other economic activities. CITY OF -ASHLAND Hartzell added that they need to look at the Chamber's contract. Franell will review contracts and Resolution 2000-25. Hartzell would like the wording changed on the meeting schedule for the meeting on 2/18 and that there will be public input. Adjournment The meeting was adjourned at 2:00 PM. Respectively submitted, Bryn Morrison Administrative Secretary Finance Department CITY OF - SHLAND Transient Occupancy Tax Subcommittee Draft Minutes February 10, 2004 12:00pm Siskiyou Room, 51 Winburn Way Call to Order The meeting was called to order at 12:11 pm. Roll Call Council Present: Kate Jackson, Cate Hartzell, and Chris Hearn Staff Present: Mike Franell, Gino Grimaldi, Bryn Morrison, and Lee Tuneberg Approval of Minutes Approval of previous subcommittee minutes dated: January 20, 2004 Hearn/Hartzell m/s to accept minutes as presented. All Ayes. February 3, 2004 Hartzell/Hearn m/s to accept minutes as presented. All Ayes. A. OSF FinanCial Report Presentation Paul Nicholson presented the Oregon Shakespeare Festival's financial report. He presented the committee and staff with a document regarding their tourism promotion expenditures. He explained that OSF's fiscal year is different than the City's as the City's is July 1 through June 30 and theirs is based on a calendar year. He stated that of the $108,600 that was granted to them, 100% was used for tourism promotion to potential patrons outside a fifty-mile radius of Ashland. Jackson added that she is confident that the money granted to OSF is used for CITY OF dkSHLAND tourism promotion. Hartzell asked if any of the 100% is spe~ on local advertising. Nicholson responded only approximately 3% is local. Hearn asked how the total economic impact of the festival for 2003 of $129 million was calculated. Nicholson responded that they look at the total attendance and remove local people and people that do not come specifically for the shows and then that leaves approximately 80% ofthe total audience. They then multiply that by the Oregon Multiplier to obtain the $129 million. Hartzell added that she would like to see this report annually. Hearn asked if the Time article and the terrorism abroad helped the festival. Nicholson responded that it did, but they did not have any survey numbers that would show that. Nicholson added that the festival is not looking at growth or adding any performances. 84-86% of the patrons are returning customers and they spend the funds on the 14-16% that are not. Hearn asked about the challenge of promoting to the younger clientele. Nicholson responded that they are doing diversity marketing. Hearn asked if the high school curriculum still included Shakespeare. Nicholson responded that with the funding resources failing, staff from OSF is stepping in to instruct and help out in the classroom. Hartz_ell asked What the change has been in the last two years regarding their total economic impact. Nicholson responded that this year they have changed their marketing to market eadier in the year rather than once the plays start because patrons are not willing to commit themselves as eady as in previous years. Hartzell asked if OSF monitors the patrons that come to the plays that also attend other events. Nicholson responded that they do not. . ::; Hartzell asked Franell about the contracts for OSF and the Chamber. Franell responded that the contract refers to the application and the City does not require them to submit an application. Hartzell asked if OSF's contract mentioned promoting tourism and Franell answered that it did not. Tuneberg added that the cover letter that was attached did reference tourism but did not refer to the states definition of tourism. Franell suggested that the City should refer to Resolution 2000-25 rather than the contract, that it is more specific. B. Compile list of outcomes for 2004 qrants The subcommittee discussed the need to make recommendations on how they want to see the grant monies distributed this year other than it has been in previous years. One suggestion is to choose to emphasize one or more of the six categories of the resolution. Jackson believes that category F.'s emphasis is to bring people to the City in the off-season. Hartzell added that F. is not correct on the application, that it should follow the resolution. Jackson pointed to a chart from the previous meeting showing how the funds that were granted to each grantee were spent following the resolution. She stated that some of the funds are used to support a greater diversity of cultural opportunities for our citizens and support existing cultural opportunities. Hartzell cautioned against making that assumption and that the grantees might argue that some of them bring people in from more than 50 miles away. CITY OF - SHLAND Hartz. ell clarified that she was looking at that in terms of the goals, that they cannot look at all the small grants and put them in the category of greater cultural activities for our citizens. Jackson proposed to discuss the question of supporting local cultural activities and is it important.to the City. Hartzell answered that it is important, to the City. She proposed the need to diversify an economic strategy for categories A, B, C, and E. Jackson agreed. Hartzell added that she would like to add #7 to the agenda list. She expressed the idea that people want more money to allocate to smaller organizations. She sees #1 on the agenda as a strategy and that it is the first place to start and that #2 is a tactic. She spoke to possibly distributing the percentage between the categories. Hartzell asked if the subcommittee decides locally how to calculate the percentages before the state does, if it will stand. Franell answered that it would if there was a rational basis for the allocations and it would prevail until they were told otherwise. He added that the subcommittee should not wait for the Chamber's report to be presented to allocate the funds according to the new statute, that it is the council's responsibility. Jackson and Hartzell agreed. Hearn asked if the state put together administrative rules to help implement the new statute. Franell did not see at this point that there was that authority present. The subcommittee and staff discussed the problems that the public sees with ,the allocation of the funds as they are presently. Hearn added that if they doubled or tripled the money,, there would still be the problem of not having enough money to go around. Jackson responded that they need to look at the resolution and the state's restriction and see if the resolution now states the way they want the funds granted. Franell suggested possibly having a committee set apart from the Budget Committee that reviews the applications after the allocation from the tax is set. Hartzell added that they could have another category in the resolution for diversifying economic development. The subcommittee discussed adding another element to the resolution. It would have three categories: tourism, economic development, and cultural development. Hartzell suggested that each category has a cap for fund amount that it cannot go above. The subcommittee discussed the next meeting and the public input. They asked for a display advertisement and a news item on the web page. Other Business Jackson explained that Lee Tuneberg, Sandra Slattery and herself met to discuss the Chamber and VCB's budget analysis. Slattery will present the City with a final set of numbers CITY OF kSHLAND on their tourism budget shortly. Hartzell would prefer to be included in the meeting with Tuneberg and Slattery in the future. Adjournment The meeting was adjourned at 1:32 PM. Respectively submitted, Bryn Morrison Administrative Secretary Finance Department CITY OF 4XSHLAND Transient Occupancy Tax Subcommittee Draft Minutes February 18, 2004~7:00pm Siskiyou Room, 51 Winburn Way Call to Order The meeting was called to Order at 7:07 pm. Roll Call Council Present: Kate Jackson, Cate Hartzell, and Chris Hearn Staff Present: Mike Franell, Gino Grimaldi, Bryn Morrison, and Lee Tuneberg Introduction Jackson gave a summary of what had been discussed at the previous meetings. She referred to Resolution 2000-25, the State of Oregon's new statute, and the 1/3 of the TOT funds that are allocated in this process. Hearn added that the remaining 2/3 of the tax goes into the General Fund and is used for City services. Hartzell spoke of the importance of setting and measuring a baseline. She pointed to three questions: how they can leverage, or set up a process to leverage the funds towards tourism promotion, how they reach an economy of scale, and how they set a percent or aggregate a request on how the money is spent on tourism. Hearn added that they are also looking at how the Chamber of Commerce could help other groups with their allocation. Public Input Wendy Siporenl Southern Oregon Economic Development Coalition (SOEDC) Siporen presented material for committee and staff. She gave a background of the organization, that they support small businesses, and that their mission is to bring people together to cultivate the local economy. Please see attachment. CITY OF -ASHLAND Paige West/SOEDC West gave an example of her personal experience of living in Sedona, AZ and the City's efforts to encourage and support locally owned businesses. She suggested that Ashland encourage and support locally owned business as Sedona has. · 'BruCe Bayard/AShland Gallery AssoCiation, Public Arts COmmission Bayard gave a background of the gallery functions and explained how the grant has helped them. They have applied to the Chamber for assistance and now have a relationship with them for the Taste of Ashland. They hope to include more downtown businesses with the next function. Hartzell asked what the Chamber will assist with. Bayard responded that they help with the logistics of the event: licensing, organizing the restaurants and wineries, and promoting the event. Bryan Holley1324 Liberty Holley stated that he supports the sharing of the funds granted. He stated that OSF is not struggling but is healthy and the City may not need to grant them any more funding. He added that the smaller organizations could benefit more from the funds. He pointed to the Chamber and what they spend on printing, direct mailings, and marketing. He presented the Yaldez Principles and made suggestions on how the City and the Chamber could embrace a more environmentally friendly printing option. Kimberly Ward/Southern Oregon Women's Access to Credit (SOWAC) Ward presented SOWAC's mission. She added that a portion of their support is to home based businesses. They encourage purchasing locally and help these businesses to connect with other local businesses. They suggest partnering with the Chamber for customer service, financial support, and marketing. She suggested that OSF could give a discounted rate on their playbills when they advertise local businesses. Jackson asked what their clientele businesses were. Ward responded examples are some businesses located in the A street marketplace, day spas, a photographer, Pilaf, and a coffee drive up. In 2002 they had 89 small businesses that they loaned $90,000 to. Hartzell asked about training help from the Chamber and the cost. Ward responded that the cost is in addition to the membership and some cannot afford membership. Mark Pound/Rogue Valley Growers and Crafters Market Pound spoke to the idea of partnering with other businesses in the off-season to attract more business. He explained that they have an issue of finding a downtown marketplace now and are looking for a site or the possibility of transportation to their current site. He would like the Chambers help in marketing and finding a central location for the market in the City. Jackson asked if there were two groups in the market. Pound responded that there is only one. Hartzell CITY OF -ASHLAND asked if they provide training for the buyers. Pound responded that they have a program that is in the initial stages, but hasn't begun yet. Paul Copeland/462 Jennifer St. Copeland asked how much money was the 1/3 of the tax last year. Tuneberg responded that it was approximately $440,000. Copeland aSked if there was a change in the'allocation last'year. Tuneberg responded that in September of 2000, Resolution 2000-25 was passed not allowing monies to be carried over and put back into the year they were earned in. The Finance department will estimate a figure and all payouts would be based on that estimate. If the estimate is Iow, the remainder will go to the General Fund. If it is high, the General Fund will receive less dollars. Hartzell added that the Chamber and OSF decided to not accept $30,000 last year. Tuneberg responded that those funds were put towards transportation costs. Copeland asked if the 12% was allocated only towards economic development. Tuneberg pointed to Resolution 2000-25 and the categories within it. Copeland responded that he has a concern that the City is starving small non-profits and that the larger organizations do not need the charity. He said that it is not about the money, that the City needs to show OSF that they appreciate them in other ways. He added that the funding from the City does not have much of an impact on OSF. The committee could look at any activity that is done in the City that makes the City better as promoting tourism. Hartzell stated that OSF's grant from the,City is important for them to show local support when seeking other funding. She pointed to the Resolution in asking how they could leverage the support from the Chamber. Lezley Sanders/Siskiyou Singers Sanders gave a background of the history of the organization. She added that with Measure 30 failing, the schools need support from organizations like hers. She asked if the committee considered rewriting the Resolution. Jackson responded that they could rewrite it and possibly clarify the categories within it. Hearn added that the state law changed at July 1, 2003 and they need to analyze what is spent for tourism. Jackson added that they need to define what is spent for tourism in the region and that they are still working with the Chamber to see how they spend the money granted from the City. She said they are leaning towards requesting certain types of things d~ne with the money instead of designated an agency to fund so all applicants are on equal footing. Hartzell added that they are trying to find flexibility and the ability to leverage in as many ways as possible. Sanders asked What the citizens could do. Jackson responded that they could let them know if they should do sustainable economic projects. They would like to justify their decision on the percentages. Holley asked about the 1/3 in the Resolution, if with the passing of the state law, the City could change the 60%, 28%, 12% allocation percentages. Hartzell responded that was the City's Resolution. Jackson responded that they do not have to rely on those percentages. They want to look at the dollar figure spent for tourism and economic development and that those funds CITY OF -ASHLAND do not have to go to OSF and the Chamber. Copeland added that people could donate funds to OSF to show local support. He suggested that Council find out the figure that is donated to OSF locally. Jackson asked if they could use the assets provided in the grant application as leverage. Hartzell responded that they could. Holley asked why the state passed the new law. Jackson responded that it is supposed to support Oregon market itself. She feels it takes away 'the local cOntrOl in tax authoritY and services the CitY may want to pay for. Hartzell added that the state is looking at local trends in the changing marketplace. She added that she would encourage the public to attend the future meetings. Committee Discussion Hearn stated that they are still doing analysis of the new state law and he would like to analyze what was presented tonight. He encouraged further input. Jackson added that the grant applications will be available March 1, they are due back March 19, and the subcommittee meetings are March 30, 31. Hartz. ell added that they could be specific about what they want done with the funds. Jackson added that the Youth Activities Levy supports the youth, and the attorneys could advise them if they could use those funds in a broader way. Hartzell asked if they are marketing Ashland or are they marketing the events. Jackson:stated that in talking. · with the Chamber, they have noticed how much they are spending in .printing costs and are ~ looking at getting more with each dollar spent. Graham Lewis/Chamber of Commerce appreciated the partnering with the Chamber as far as marketing workshops, and leveraging the Chamber money towards smaller organizations. Adjournment The meeting was adjourned at 8:45 PM. Respectively submitted, Bryn Morrison Administrative Secretary, Finance Department CITY OF SHLAND Transient Occupancy Tax Subcommittee Draft Minutes February 23, 2004 1:00pm Finance Conference Room, 20 E. Main St Call to Order The meeting was called to order at 1:00 pm. Roll Call Council Present: Kate Jackson and Cate Hartzell Staff Present: Lee Tuneberg Background: At the Feb 3 TOT meeting, Chamber Director Sandra Slattery and staff Mary Pat Parker presented a report illustrating how the Chamber provides for five of the six goals under Section 3 of the existing Resolution 2000-25. On February 9, Sandra met with Kate, Lee and Bryn Morrison to review a budget summary prepared by the Chamber to address the state distinction between "tourists" and all visitors, and Visitor and Convention Bureau and Chamber budgets. Sandra then consulted with Chamber staff and Board members concerning the charts she was preparing. At the Feb 23 meeting, a properly noticed public meeting, Ms. Slattery presented revised budget charts to those present. Meeting minutes Sandra presented a three page table showing the "VCB" budget with the tourism costs split 20%/80% for local/outside of region visitors, the Chamber budget, and a summary page. We observed that many expenses are split between Chamber and VCB: postage, printing, telephone, etc. The more we looked, the harder it became to be sure expenses were in the appropriate column. Further, resources such as the photo files, are used by both sides of the organization. On the advice of staff, we proposed applying the same percentage of the City funds to total Chamber budget to estimate the proportion of city funds spent on CITY OF ASHLAND tourism. This assumption seemed plausible in light of the fact that the City expects, and the Chamber claims to provide to the City, economic development assistance as well as tourism promotion services. Councilors Hartzell and Jackson both expressed their desire to have the Chamber show how their aCtions Will helP market Ashland as an affordable and family-friendly place to live and work(, as opposed to attracting more residents in retirement). Adjournment The meeting was adjourned at 1:20 PM. CITY OF SHLAND Transient Occupancy Tax Subcommittee Draft Minutes February 24, 2004 12:00pm Siskiyou Room, 51 Winburn Way Call to Order The meeting was called to order at 12:09 pm. Roll Call Council Present: Kate Jackson, Cate Hartzell, and Chris Hearn Staff Present: Mike Franell, Gino Grimaldi, Bryn Morrison, and Lee Tuneberg Approval of Minutes Approval of minutes dated February 10, 2004. HearnlJackson mis to accept minutes as presented. All Ayes. Approval of minutes dated February 18, 2004. Jackson revised the minutes on the last page to when Copeland stated how OSF could show support: contributions for OSF were coming from local memberships support. On question of what the state hoped to achieve with new law: Jackson replied that the state has a marketing program and it Would market the state as a tourism destination. Graham' Lewis stated that he liked the idea of partnering for the Chamber instead of appreciated. HearnlJackson mis to accept minutes as corrected. All Ayes Determination of "tourism" component of July1, 2003 budget: Jackson spoke to the 12% of the funds that go to the smaller organizations and they will not analyze them. She spoke to the letter that OSF presented on 2/10/04 and that 3% of the brochures that they spend their granted funds on, stay in the community. She stated that she CITY OF -ASHLAND believes that the funds that are granted to OSF are used fully for promoting tourism. Hearn agreed. Jackson spoke to the meeting from 2/23/04 with Lee Tuneberg, Sandra Slattery, Cate Hartzell and herself. She said that the Chamber board approved and Slattery presented that of the $242,800 that waS granted 'from the city last year, 80% was for promoting tourism outside 50 miles and 20% was for local promotion. Jackson stated that they cover most of the resolution goals with the funds spent. Jackson prefers to look at the City's contribution as a portion of the Chambers overall budget instead of being specifically for tourism promotion. She also stated that Slattery had presented the Chambers budget previously, that the City's contribution is approximately 35% of the Chambers budget. Jackson referred to the option of taking the 80% out of the VCB Budget, as having been spent outside the 50 miles, and that equals $208,725. She spoke to Tuneberg and Franell's emails regarding a proration of the total amount budgeted for Chamber. Dividing the VCB budget by the Total budget to obtain percentage. Hearn asked to clarify the email. Council and staff presented: Chamber Total Budget VCB Tourism Inside 50 miles Outside 50 miles $680,900 34,075 208,725 $242,8OO 208,725: 30.7% 680,900 Please see attachments. Jackson stated that Franell advised committee and staff to use the 30.7% as tourism promotion. Hearn asked to clarify the Chambers total budget is either 30.7% or 35% that is spent on tourism and that portion of the City's money goes to tourism promotion. Tuneberg responded that the key with the states legislative action is what does the City spend on promoting tourism. He asked Franell previously if it was acceptable to look at a proation for the amount of money given to identify how much the City spent on tourism. He responded that with the information provided we could focus on the 30.7% as tourism promotion. Jackson asked if we state that as a dollar value spent on tourism. Tuneberg answered that they would probably want to identify that as a baseline and then it may increment with growth over the years but they will have to consult the legal department. Hartzell asked about the money that the Chamber and OSF gave back last year. Tuneberg responded that it is not seen as spent because it never left the City. CITY OF SHLAND Bryan Holley stated that the City would like to be legally defensible if asked. He feels that they need to identify all the other costs related to tourism, that the City money spent that may relate to tourism. Tuneberg responded that they raised that question earlier in the process and found it difficult to relate those to the Transient Occupancy Tax. Mary Pat Parker asked to'clarify the 30.7%. Committee and Staff presented: ' 30.7% x $242,140= $74,325 112,332 $186,657 OSF granted 03-04 proposed total OSF and Chamber amount as the state definition of tourism Hearn asked if the states new staiute d°es not allow the percentage or the dollar figure to drop. Franell answered it was the percentage. Hartz. ell asked if the 30.7% is an accurate and fair number. Tuneberg responded it is. Franell thought that the appropriate number to use is $186,657. Hartzell proposed that either Franell or Tuneberg write up the rational presented. Jackson asked if council needed to endorse the numbers presented. Franell answered that council needs to adopt what staff.does to make~a permanent record. Hartzell asked what the full percentage was of the TOT. Tuneberg .. '~:- responded it is 14.23% of the budgeted total TOT revenue for 03-04. Franell stated that they could come back when the actual figure is available in August and adjust it because the state law says actual. Tuneberg explained that the dollar number will not change; the $186,657 will not change. Franell added that the dollar amount will not change but the percentage will change. HartzelllHearn mis to forward to council for the report to state to use the $186,657 as promoting tourism and that staff will present to council the actuals. All Ayes Consideration of changes to resolution Jackson spoke to the possibility of changing the resolution. She proposed that they could change section 3.Hartzell asked if they change the resolution if they would have to change the application and asked if the applications were sent out. Staff responded that the applications have not been sent out yet. Jackson wanted to go to council in early March and wants to look at section 2 differently. Hartzell stated she would like to create a process either annually or semi annually for what they want from the Chamber, the who, how to leverage services, programming services, partnering, and local buying. She would like to set services that the grantees Could apply for in a simpler way. She suggested contract revision. Jackson does not CiTY OF -ASHLAND want to specify in the. resolution what she would want each year from the Chamber, she would rather refer to it happening but not freeze it in the resolution. Tuneberg stated that the specificity in the contract will be resolved this year. Hartzell stated that she would prefer the resolution to be more specific towards a set amount towards tourism, a set percentage towards cultural development, and a set percentage towards economic development. Hearn agreed. Hearn asked what the Purpose of the resolution was originally. Hartzell responded that was to try to get rid of the small vs. big organizations and that it has calmed the process. Hearn asked if category A in the resolution was tourism promotion. Jackson answered yes it is. She added that she would like to create flexibility within the resolution to define the needs of the City. Hearn clarified that it would be instead of section 2. Hartzell would like the language of the process to determine the function each year. Tuneberg added that they have to calculate the revenue and then appropriate the grant. Hearn asked if the subcommittee would need to make a recommendation to Council or only present suggestions. Jackson would like to go to Council with a recommendation. Staff and Committee decided to meet again to decide on a recommendation before presenting to Council. Hearn would like to review history of TOT before next meeting. Morrison will provide minutes to Hearn. ~ ~ :- . ,-~. , Adjournment The meeting was adjourned at 1:30 PM. Respectively submitted, Bryn Morrison _ Administrative Secretary Finance Department CITY OF SHLAND Transient Occupancy Tax Subcommittee Draft Minutes March 11, 2004 12:00pm .. Siskiyou Room, 51.Winburn Way Call to Order The meeting was called to order at 12:08 PM. Roll Call Council Present: Cate Hartzell, Chris Hearn, and Kate Jackson Staff Present: Mike Franell, Lee Tuneberg, and Bryn Morrison Approval of Minutes It was determined that the minutes from 2/23/04 still need to be approved. Tuneberg will - present to council when prepared .... , Approval of subcommittee Minutes of February 24, 2004 ~ Minutes on page four, first paragraph, last sentence are revised to read, "Hartzell responded that was to try to reduce the competition of the small and larger organizations. HartzelllHearn mis to accept minutes as revised. All Ayes. Transient Occupancy Tax Please see attachments: Hearn presented an email document to council and staff dated 3/11. A document that was dated 3/6 from OSF and a memo dated 3/11by Mike Franell and Lee Tuneberg were also presented. Hearn put on record that he would like to change his previous position on the baseline percentage. He believes that in HB 2267, that the money that the City spent on welcoming and tourism promotion is 27.3%. CITY OF SHLAND Consideration of chanRes to current resolution Jackson believes that the Resolution should first, state what they want to achieve and secondly, who. It was clarified that the percentage of tourism promotion is out of the 100% of funds from the revenue of TOT. Hearn believes that welcoming from HB 2267 needs to be define(J in'the new'ReSOlutiOn. It was determined that the Council needs to express a'baseline for tourism promotion to abide by the state law and the state law doesn't necessarily have to be included in the Resolution. Tuneberg suggested that the Resolution include two parts: the percentage that is for grants (now 33%), and the percentage baseline or minimum for tourism. Franell cautioned that the 15% might be misleading. Whatever percentage the Council determines is the baseline for tourism promotion, you would multiply that by 3 and the rest would be available, for other than tourism promotion. In the case of using 15%, 55% would be available for other than tourism. It was determined by the subcommittee to present the following to council in a study session for the council meeting on April 6: Hartzell/Jackson mis to recommend the following items to council. Hearn~apposed. Section 1' Retain Section 3, revised to be Section 2: Would include the following goals: 1. Promotion of Tourism 2. Economic Development and include categories A, C, D, and E from Section 3 of Resolution 2000-25. 3. Cultural Development Section 2, revised to be Section 3: Retain first sentence and last three sentences. Add a sentence related to the percent going to tourism promotion. Define State Law. All grantees create a financial report and provide to Finance Department by January 31 of each year. CiTY OF - kSHLAND Hearn mis adding in section 2 after 60% to Chamber of Commerce for use by VCB per in tourism promotion, and 28% for OSF. These funds will be considered tourism promotion. Hearn stated he would keep the allocations as they are in the Resolution as he sees in accordance with the state law. Motion failed due to lack of second. Hartzel[/Jackson m/s"to ask coUncil to let the subcommittee continue to Io0k at econOmic development process and the targets for the TOT funds, non-tourism related. All Ayes. Grant Process It was determined to not mail the grant applications until after the study session in April. Adjournment The meeting was adjourned at 2:00 PM. Respectively submitted, Bryn Morrison, Administrative Secretary, Finance Department CITY OF LAN D Thursday, April 29, 2004 Minutes City Council 04/07/2004 These Minutes are preliminary pending approval by Council at the April 20, 2004 City Council Meeting ASHLAND CITY COUNCTL STUDY SESSION Wednesday, April 7, 2004 at :12:00 p.m. Council Chambers, :1175 East Hain Street CALL TO ORDER Mayor DeBoer called the meeting to order at 12:00 p.m. ATTENDANCE City Council: Kate Jackson, 3ohn Morrison, Alex Amarotico, Chris Hearn and Don Laws. Councilor Hartzell arrived at 12:21 p.m. Staff: City Administrator Gino Grimaldi, Finance Director Lee Tuneberg, Public Works Director Paula Brown and Management Analyst Ann Seltzer. I. Update regarding the Public Art Commission. Ann Seltzer introduced Public Art Commissioners Bruce Bayard, Richard Benson, Kip Todd, David Wilkerson, and [ngrid ]orgensen. Engaging the Community: It was explained that public art can help to beautify the environment, memorialize and commemorate, unify, focus, revitalize and serve, and please and challenge. A slide show was presented showing various examples of public art, including the memorial in Lithia park, the Plaza statue, the arch over entrance to SOU, a killer whale coming out of sand box located in multi- housing units, and various other examples around town. Celebrating Success: The Public Arts Commission has set various goals and priorities, .including: funding for the placement of art at the gateway island and Calle Guanajuato, the completion of a Policies and Procedures Guide, and establishing working relationships with various organizations and City departments. It was explained the first draft of the Policies and Procedures Guide has been http://www.ashland.or.us/PrintContentView.asp?ID= 1639&Agenda=True 4/29/2004 reviewed by City Attorney Paul Nolte, who stated they are off to a great start. Project One: Calle Guanajuato Stairway It was explained that the Calle Guanajuato Stairway was a perfect place for public art. The Commission has been working with the Parks & Recreation Department as well as landscape architects to establish public art in this location. The proposed areas where they would be adding art are located at the overlook at the top of Granite Street, the Sculpture Garden, the Stairway, and the Gathering Area. The most immediate project is the overlook, and they .... would then move on .to the sculpture garden. The theme for the artwork is "The Celebration of Water", and was conceived by the Lithia Arts Guild. Tt was explained that they would like to use art that would tie into our sister city, Guanajuato. The Commission will request a call for entries to obtain artwork, and there will be an established jury that will judge the entries and select the winner. It was noted they do have some funding in place, however additional funding is necessary to complete the project. The Public Arts Commission plans on using this opportunity for funding and awareness to educate the · community about the Commission., Project Two: Boulevard Gateway The Commissioner noted the importance of the Boulevard Gateway, stating it is a major focus of the City of Ashland. It is where the Fire Station, the Library, and the Boulevard all intersect. The Public Arts Commission has proposed that four areas be set aside for public art in this area: 1) the island, 2) the wall located in front of the Library, 3) the Gateway itself, and 4) the bump-out at Evo's. fdaking it Happen The Commissioners handed out 'fake' money with statements written on them as a way to demonstrate that there are all kinds of ways to raise funds. Some of those examples included: local foundations granting seed money to the Public Arts campaign, silent auctions, City approval of an annual line item in the city budget for a public arts fund, and 1% allocation of private developers project costs for the installation of public art at a prominent location. The Commissioners clarified for Council that public art has become a good way to memorialize passed family members, and they are solidifying the acceptance of gifts policy in the Policies and Procedures Guide. They also clarified they are-developing a master plan as a sort of road map to determine what types of art pieces should go where. Council questioned the timeline for the Guanajuato Project. Tt was explained that the Parks Department received bids a few weeks ago, and a contractor has not been selected yet. They are anticipating approximately 8 weeks to complete the structure. The construction will take place first, and the public art will be the last thing installed. It was noted the Parks Department has left the overlook unfinished for the Public Arts Commission to complete. In addition, to complete the projects they still need to assemble a jury for judging the artwork, assemble the information packet for the interested parties, 'and complete the fund raising. Council expressed the need for the Commission to develop their budget information. The commissioners clarified they will be working on the Guanajuato Project first, and should have the final Policies and Procedures http://www.ashland.or.us/PrintContentView.asp?ID= 1639&Agenda=True 4/29/2004 Guide by the end of the year. [[. Proposed Billings Ranch Gold Course - Effluent Reuse Options/Update on DEQ WWTP Temperature Standards and Permit Renewal. Public Works Director Paula Brown introduced Mike Peru, who is representing the Billings Golf Course. Mrs. Brown explained that staff continues to pursue effluent reuse options and "the right water for the right use". She also explained that the useof treated effluent for golf courses has been a traditional link for effluent reuse. Mrs. Brown stated there is a proposal separate to this issue, but they will only be discussing the effluent reuse option at this time. Mrs. Brown explained the 10 options being discussed for the use of treated effluent for golf course irrigation. Those options are: 1) Golf course volumes, 2) Creek recharge option, 3) infrastructure costs, 4) Membrane process, 5) Chemical use, 6) Water trading opportunities, 7') Effluent Level TV designation, 8) Golf course compliance, 9) Golf course benefit, and 10) City benefits. Mrs. Brown explained the city is required to use membrane filters from May 1st through November 30th, which produces Level TV water. The water being discussed for the Billings Golf Course would need to be Level TV - "unrestricted use" effluent. Mrs. Brown stated that our ability to provide the golf course the water they need would not be a problem. Mrs. Brown discussed the option to "trade water back" to the Ashland Creek, explaining that they have discussed the possibility of Ashland transferring all of it's summer time flows to the golf course. The golf course would hold the water in their ponds and use what they needed, and then release the cooler water from their ponds back into the creek. This option, however, would need to be approved by the Department of Environmental Quality (DEQ). Mrs. Brown explained that she is looking out for the City's fiscal interest with all the options being discussed. Mrs. Brown stated the City's membrane facility is utilized to remove phosphorus from the water, however phosphorus for a golf course is a good thing. There is a possibility that the City could adjust the alum dosage to the membrane facility to allow the phosphorus to remain in the effluent. This option would also need to be approved by DEQ. Mrs. Brown explained the process of transferring the effluent to the golf course would benefit both parties. The golf course would obtain the water-necessary for their needs, and the City would not have to worry about the cooling process options now necessary for it's permit renewal. Mrs. Brown explained that she is seeking Council's approval to continue to pursue these conceptual ideas. Council expressed concern with developing a dependence and commitment to the golf course this far in advance. Mrs. Brown assured the Council she is looking at all options to address Ashland's needs. Council expressed their support of continuing to look at effluent reuse options. Mr. Peru explained that this would work great for everyone and feels this is a good option to work 'in concert with the city to address the temperature issues. Mrs. Brown gave a brief background of the temperature standards and explained the new standards are required to protect the spawning and http://www.ashland.or.us/PrintContentView.asp?ID=1639&Agenda=True 4/29/2004 migration of the salmon. Mrs. Brown explained that they have looked at opportunities for reuse and also looked at riparian opportunities. This plan was submitted to DEQ approximately a year and a half ago. The plan cited 4 options for cooling the water. Mrs. Brown stated Ashland will most likely end up using a combination of the water reuse and trading, along with riparian opportunities. She believes this is acceptable by the DEQ and EPA to look at more of a holistic view of temperature management throughout the basin. Ashland's permit is coming due, and now that the temperature requirements have been passed by the DEQ, Ashland is required to meet those requirements. Mrs. Brown also stated that the permit will have a Ther. mal Load Limit, which mea'ns that the City can only disCharge effluent at a certain temperature. Mrs. Brown explained there is some leniency on the amount for the first few years as we determine exactly what we can do with the treatment plant, how to keep the thermal loads down within the plant itself, and how looking at how the riparian plantings will effect our options. There is a Public Hearing scheduled for Nay 3, 2004, and the permit conditions should go before the Environmental Quality Commission later this spring. Mrs. Brown clarified for the Council the effluent temperature is approximately 72-74 degrees. The new temperature requirements are 64-68 degrees depending on the time of the year. Mrs. Brown also clarified that Staff will have a Plan B in case the golf course were to fail. III. Discussion regarding the allocation of Transient Occupancy Tax Revenues for Cultural and Economic Grants. Finance Director Lee Tuneberg explained there was a lot of time spent during the meetings going through the history of the allocation of the TOT. They have looked at the activities that have changed, looked at who receives the money, and what they do with the funds. Councilor Jackson stated they need to accomplish figuring out the tourism component as the state defines it, which is a separate issue from changing the resolution that is currently in place. Assistant City Attorney Mike Franell submitted a memo included in the packet, which states that Oregon Law defines a tourist as someone who travels over 50 miles or stays overnight. Mr. Franell explained that part of the difficulty Staff was having-was that the new State legislation states that the City can not reduce the percentage of the Transient Occupancy Tax funds that are being spent on tourism. In addition, Ashland does not have a tracking policy in place to determine this amount, so we are now having to back track and determine what of last year's allocations were spent on tourism. Staff is also proposing that the Council adopted a new resolution that better defines the new requirements set by the State. IVlr. Franell explained that they have met with the Chamber of Commerce and the Oregon Shakespeare Festival to determine what they have spent their funds on, but they do not have an accurate tracking system either. The committee has struggled with determining what percentage of last year's allocated funds were being spent on tourism, but have determined that roughly 31% of the Chambers' budget was used for tourism promotion. Councilor Jackson clarified this determination is separate from the resolution and separate from determining who gets what. The Committee has spent a great deal of time looking at the Chamber's numbers and have agreed on the http://www.ashland.or.us/PrintContentView.asp?I D= 1639&Agenda=True 4/29/2004 proportions. Jackson noted that a portion of the Chamber's funds go towards economic development and not just promoting tourism. 3ackson stated it became very uncomfortable diving into the details of the Chamber's budget, and they did not want to make a public discussion of what their budget is. As chair of the committee, she supports the 3:[% determination. Councilor Hearn stated he initially agreed with the allocation, however on subsequent meetings with the Chamber he came to the conclusion that the accounting data provided could be looked at in a variety of different ways. Councilor Hartzell noted that the grantees have tried to represent their work towards whatever is it the City is trying to accomplish. So far, they have only asked the Shakespeare Festival and the Chamber of Commerce to provide their figures. Mr. Tuneberg stated that beyond the math to meet the State requirements, the resolutions have not well addressed what needs to be accomplished. He stated that the City would like good outcomes from the money they grant and they should focus on what they want out of the money, not who should get it. Then, have those organizations measure and' report their spending. Mayor DeBoer stated he believes they should use the figure given by the OSF and Chamber and lock that in for the requirement. Councilor Laws stated some of the Visitor's Center's funds go toward things that do not draw people in from over 50 miles, noting the Christmas promotion. Councilor Hartzell stated the committee thoroughly discussed the accounting issues and wants to make sure that any changes that are proposed are done in a way that works for everyone. She does not want to short change an organization that was relying on this funding. Jackson clarified the real purpose of redrafting the resolution was to better reflect the City's intentions. Mayor DeBoer noted that this issue will come back to the Council in a Public Hearing. _ Mr. Tuneberg expressed the need to get the applications out and with that the applicants will want to know how much money is available. Councilor Hartzell suggests attaching a cover letter to the applicants explaining the Council was still in discussion. Mr. Tuneberg feels they need to straighten this out before they get much further in the process. Meeting was adjourned at 2:04 p.m. End of Document - Back to Top http://www.ashland.or.us/PrintContentView.asp?ID= 1639&Agenda=True 4/29/2004 February 10, 2004 Transient Occupancy Tax Committee Ashland City Council City of Ashland Ashland, OR 97520 OlOregn Shakespeare Festival ,.o. ox,,8 ~5 South Pioneer Street Ashland, OR 97520 54~ 482 2m 54~ 482 o4461'~x 54~ 4.82 433~ box of:rice www. osfashland.org Dear Committee Members: Following recent conversations I'm pleased to provide information to assist you in your deliberations regarding the distribution of hotel/motel tax monies. I confirm that in our last fiscal year the Oregon Shakespeare Festival received a grant of $108,600 from the Transient Occupancy Tax. It spent 100% of this grant on tourism promotion to potential patrons outside a fifty-mile radius of Ashland. As a result of our tourism promotion activities, attendance in 2003 was 381,340, the second best in the Festival's history. To put the City grant into perspective, I provide the following information regarding our, tourism promotion expenditures for 2003: Season brochure (printing and mailing) $ 239,000 Advertising $ 129,000 Travel shows $ $,000 Promotional material $ g,000 Diversity marketing $ 32,000 Web site $ 4,000 Salaries $ 288,000 Total $ 708,000 The $108,600 grant represented 15.3% of our marketing expenditure and 0.54% of the Festival's total 2003 expenditure of $19,960,000. We calculate that the total economic impact of the Festival tbr 2003 was $129M. Should you require further information I would be happy to respond to your request. Sincerely, OREGON SHAKESPEARE FESTIVAL Paul E. Nicholson Executive Director ' ~a?b~-8~ristensen - Alternate TOT resolution ............................................ Page1 From: To: Date: Subject: Kate Jackson <KateJackson@opendoor. com> Council <council@ashland.or. us> 5/3/04 10:52:26 PM Alternate TOT resolution Dear colleagues, Since the Study Session when Council had little time to spend on a discussion of the TOT grant funds, I have spoken with many of you and brought more focus to my suggestions. 1. Alternate draft resolution. 2. OSF to receive $110,000 per year for 3 years. 3. Chamber to receive $230,000 per year for 3 years ($80,432 tourism, $150,000 economic). 4. All grantees more than $4,999 to report on finances and products annually. 5. Separately from the resolution, Council give direction to staff on economic projects with Chamber. Lee Tuneberg has drafted an alternate TOT resolution that reflects some of these ideas. I believe that we should not drastically alter the Chamber funds. I am suggesting the OSF receive $110,000 per year for three years. The Chamber would receive a total of $230,000 for three years. The Chamber's funds would be divided as $80,432 for tourism promotion and $150,000 for economic development projects. These figures are slightly lower than last year and will provide a more significant increase in other grants, because those dollars have been so limited before. The precise dollar figure can be decided among us. The key for me is to have a specific term for fixing the economic portion of the Chamber grant, so that the Council can revisit the arrangement soon. It is important to closely track the use and success of grants funds. I would suggest a floor of $4,999 above which recipients would be required to produce an annual report with financial accounting and demonstrating the product achieved with the funds. With the City intending to take a more active role with the OSF and the Chamber, I propose the following criteria for use of funds: 1) Move to a different marketing image in all Chamber and OSF publications: safe and family-friendly community, great schools, great parks, beautiful place to live and work, variety of cultural amenities, many outdoor recreation opportunities. De-emphasize retirement. 2) Chamber to collaborate with each year's small grantees on services: eg free web links, free or reduced course offerings, advertising assistance (brochures in booth and office, other publicity). To be worked out in detail after grantees selected and express interest. 3) Develop strategies for two or more non-tourism business sectors appropriate to our existing business types: medical, food products, visual arts, publishing, AFN, research associated with University... ~,"Barbara christensen - Alternate TOT res°i-U~i~n ............................................... 15age 2 4) Analyze effectiveness of advertising programs. Look for cost savings potential. Keep in mind whether tourism in being adequately supported, since the hotel tax supports the General Fund as well as the grant program. 5) With small grants, give closer consideration to programs that provide fresh ideas in economic and cultural benefit: buy local program, visual arts, birding tourism .... For the TOT subcommittee, Lee Tuneberg prepared a table of this year's grants showing the type of use under the six criteria in the current ordinance. I will ask Bryn to provide copies of this table and this memo for the meeting Tuesday. Thanks, and see you soon. Sincerely, Kate Kate Jackson Ashland City Councilor 20 East Main Street Ashland OR 97520 541-482-2612 katejackson@opendoor, com CC: Lee tuneberg <tuneberl@ashland.or. us>, bryn morrison <morrisb@ashland.or. us> ' '9~'?l:;~ra'-Cii'~:i-stensen- tot 0504.dOc .......................................................................... page 'i MEMO From: Cate Hartzell May 4, 2004 RE: TOT Ordinance changes 2004-2005 Amounts 2005 Proposed TOT income: $1,338,240 33.3% for Econ& Cult Devel grants $ 441,619 14.23% committed to tourism promotion $ 190,431 Not constrained by State in 33.3% $ 251,188 Allocations within Tourism Promotion Kate's Cate's Other 1 Other 2 OSF 110,000 108,000 Chamber of Commerce 80,431 74,188 Chamber of Commerce for 0 8,243 services to other grantees * (10%) Total $190,431 $190, 431 * Non-fee links on Chamber website, inclusion in promotional materials, technical assistance as identified, etc. Allocations to Economic Development Chamber of Commerce $150,000 Free bus program $ 20,000 Economic and Cultural Development grants $ 65,000 Economic development activities that are decided by the City Council in $ 16,188 cooperation with the Chamber of Commerce and Southern Oregon Economic Development Coalition, and Southern Oregon Women's Access to Credit Legal issues and reporting requirements I suggest the following: l) That City Council continue the work of the subcommittee staffto propose administrative changes for implementing reporting requirements, collaboration strategies and leveraging TOT money. 2) Clarify why we require all grantees (except the Chamber of Commerce) to be non- profits, and apply those same standards to the Chamber. In at least two cases in the recent past, the subcommittee has withheld money from small grant applicants because they did not meet the Section 4 a) requirement. I am told that the Chamber is not a non-profit. 3) Adopt Kate's suggestion about reporting requirements that tier to the amount received. I suggest that the $5,000-15,000 have a lesser reporting level that those 4) grants that are over $15,000, certainly once it gets to $50,000 we should be seeing detail in line items. Obtain from Chamber of Commerce the equivalent of 990 forms, audits and/or tax returns, information responding to Living Wage ordinance requirements. Require OSF to include budget details, and report on how their 40% personnel costs comply with Living Wage Ordinance. Other recommendations: 1) Establish a TOT ending fund balance policy that designates a reserve that a percentage of the amount above the annual budgeted estimate be maintained as a buffer for years with decreased revenues. 2) Eliminate Section 4 c) and e); it's not useful Other I proposed an allocation specific to Economic Development through collaboration in part from a concern that we are not putting in place a mechanism whereby the City develops economic development priorities and designates some of the money reallocated through this process for that specific purpose, as opposed to seeing what grantees propose, lfthe money goes towards Cultural Development this year, pulling it back towards Economic Development will likely prompt a response from grantees. As funding becomes tighter, it seems appropriate to: a) account for the non-capital benefits (eg. banners that OSF hangs throughout downtown). b) Leverage dollars as far as they will go through intentional cooperation and collaboration CITY OF ,-ASHLAND Council Communication · Title: Dept: Date: Submitted By: Approved By: SynOpsis: An Ordinance Amending the Definition of Gross Revenues to Exclude Revenue from Cable Modems under the Telecommunications Chapter of the Ashland Municipal Code Legal Department May 4, 2004 ~r~ ~,'x..~ Paul Nolte~ _- Gino Grimaldi Telecommunication providers within the public fights of way are now required to pay a 5% franchise fee on all telecommunication gross revenues generated within the city. This ordinance amends section 16.04.040.L of the Ashland Municipal Code to remove cable modem fees from the calculation of gross revenue. Recommendations: Adopt the amendment. Fiscal Impact: Since the inception of AFN, one of the two telecommunication providers receiving revenue generated by cable modems, approximately $185,000 have been paid to the city as a result of this fee. The fee raises approximately $50,000 per year. The city would no longer receive this fee from AFN if the amendment is adopted. The other provider is Charter Cable Television who has never paid the fee citing federal law preemption. Charter owes approximately $250,000 for fees never paid but an exact figure is not possible as Charter refuses to report any revenues generated by cable modem. Charter would no longer be required to pay the fee, which is estimated to be approximately $50,000 per year if Charter complied with the ordinance, for revenues generated after June 2004. This amendment does not forgive any fees Charter has failed to pay prior to July 2004. Background: The provision of cable modem services is a telecommunication service under the city's telecommunication code (Title 16 of the Ashland Municipal Code). AFN was granted a telecommunications franchise in 1999 and has paid all fees due under the franchise. GSlegal\Office\ORD\T~telecomm cable modem amendment 3-04cc.wpd Charter has refused to obtain a telecommunications franchise for cable modem services and refuses to pay a franchise fee for such service under its cable television franchise. The issue of cable modem services under the 1996 Federal Telecommunications Act is the subject of much litigation at the federal level. The FCC adopted a regulation in 2002 defining cable modem service as an information service, not a cable service or a telecommunication service. (Under its cable franchise Charter is required to pay 5% of gross revenue derived from cable services.) AFN's compliance with the city's code for the payment of franchise fees on cable modem fees puts it at a competitive disadvantage in light of Charter's refusal to comply. This amendment will level the playing field until the litigation over these issues is resolved at the federal level. Attachments: An Ordinance Amending the Definition of Gross Revenues to Exclude Revenue from Cable Modems under the Telecommunications Chapter of the Ashland Municipal Code 2- G:\leg~l\Office\ORD\'lStelecomm cable modem amendment 3-04cc.wpd ORDINANCE NO. AN ORDINANCE AMENDING THE DEFINITION OF GROSS REVENUES TO EXCLUDE REVENUE FROM CABLE MODEMS UNDER THE TELECOMMUNICATIONS CHAPTER OF THE ASHLAND MUNICIPAL CODE THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: IAnnotated to show deletions and additions to the code sections being modified. Deletions are t~ and additions are underlined. SECTION 1. Section 16.04.040.L of the Ashland Municipal Code is amended to read: L. Gross Revenue. Except for a telecommunications utility, gross revenue means gross revenue derived by grantee from the provision of telecommunications services originating or terminating in the city on facilities covered by the franchise. After July 1,2004, gross revenues shall not include any revenue derived from cable modem services. For the purposes of this definition net uncollectibles from revenue included in gross revenues may be excluded from gross revenues. For a telecommunications utility, gross revenue means those revenues dedved from exchange access services, as defined in ORS 401.710, less net uncollectibles from such revenues. 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 ,2004, and duly PASSED and ADOPTED this day of ,2004. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ,2004. Alan W. DeBoer, Mayor CiTY OF -ASHLAND Council Communication Title: Dept: Date: Submitted by: Approved by: Approved by: An Ordinance Creating a Prohibition Against Public Nudity Ashland Police May 4, 2004 Michael Bianca, Chief of Police Michael Franell, Assistant City Atto]fi/j~ Gino Grimaldi, City Administrator Synopsis: _- Police department requests a city ordinance to address uncivil behavior occurring in past summers o£ adult persons going without clothes in public areas of town. Recommendation: Adopt first reading by title only of the ordinance. Fiscal Impact: Violators could be fined up to $250 in Ashland Municipal Court. Background: No state law specifically bans public nudity. Situations of naked people in public are generally awkward for police to address but become problematic when the person is not intoxicated, delusional or violent. Such behavior is very upsetting to community sensibilities. Ordinance gives authority for police to stop and detain violators and to give a lawful order to 'cover up'. Attachments: Proposed Ordinance. ORDINANCE NO. AN ORDINANCE CREATING A PROHIBITION AGAINST PUBLIC NUDITY THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: IAnnotated to show (leletiec, s and additions to the code sections being modified. Deletions are licte6~4:~reugh and additions are in bold. SECTION 1. A new section 10.44.012 of the Ashland Municipal Code is adopted to read: 10.44.012 Public Nudity. It is unlawful for any person to expose his or her genitalia while in a public place or place visible from a public place, if the public place is open or available to persons of the opposite sex. This provision is not intended to apply to a person who is prepubescent or who. has taken steps to create an envelope of privacy upon their own property and the nudity occurs within that envelope. 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 ,2004, and duly PASSED and ADOPTED this day of .,2004. Barbara Christensen, City Recorder SIGNED and APPROVED this __day of ,2004. ewed as tolform: Paul Nolte, City Attorney Alan W. DeBoer, Mayor C:\DOCUME-l\stephens\LOCALS-l\Temp\Public Nudity.doc Page - 1 CITY OF -ASHLAND Council Communication TITLE: DEPT: DATE: SUBMITTED BY: APPROVED BY: APPROVED BY: Synopsis: Recommendation: Fiscal Impact: Background: Resolution Establishing the City of Ashland as a partner in the CRies for Climate Protection Campaign Electric & Telecommunication May 4, 2004 Dick Wandersch~t Paul Nolte~ (//// Gino Grimaldi The City's Conservation Commission has been approached by a group of citizens fi:om the local faith community about becoming a partner in the CRies for Climate Protection Campaign, sponsored by the IntemationalCouncil for Local Initiative (ICLEI). The Commission and staffhave researched the costs and benefits of this partnership and are proposing using Southern Oregon University graduate students to accomplish the tasks necessary to implement this program. Staff recommends the Council adopted the attached resolution and directed staffto begin implementing the program tasks, in partnership with the SOU Environmental Education Program and the City's Conservation Commission. A $600 fee to access ICLEI software and program materials would be funded fi:om the Conservation Commission's FY03-04 budget. Also, Conservation staffwould coordinate the work with the Commission and SOU graduate students. Maximum stafftime should not exceed 20 hours for phase I of the program. In December 2003, local representatives of the Ashland Faith community approached the City's Conservation Commission with the idea of the City becoming a partner in the Cities for Climate protection program. These citizens wanted to be involved both with initial program development and later with implementation. The Commission directed staff to research what was entailed to develop this program. It was determined City participation would require adopting a Resolution agreeing to implement the five milestone included in the program. These steps are: 1) Conduct a local emissions inventory and forecast of greenhouse gas emissions 2) Adopt an emissions reduction target 3) Draft an action plan 4) Implement the action plan 5) Evaluate and report on the progress Electric/Telecommunication Dept. Dick Wanderscheid, Director 90 N. Mountain Ave Phone: (541) 488-5357 Ashland, OR 97520 Fax: (541) 552-2436 Staff informed the Commission and the citizens making the request, existing Conservation staff would not be able to spend much time on this project and therefore implementation of all steps would take a considerable length of time. At the next Commission meeting, at the request of the citizens, SOU professors Greg Jones and Eric Ditmer, attended the meeting offering SOU Environmental Education Graduate Students and their capstone projects as a way to speed up implementation of the steps. In early April, staff attended the initial SOU spring term class of these students and explained what Phase I of the project would entail. Three students fi:om the class agreed to choose this as their project and have been working with City Conservation Staffto begin the data gathering needed to conduct the local emissions inventory phase of the project. There is an initial $600 fee payable to ICLEI that provides forms for collecting data and software for conducting the emissions inventory as well as determining co- benefits, cost savings and criteria for our pollution prevention. Also sample action plans prepared by other participating cities are available to participating jurisdictions. The Conservation Commission agreed on April 28th to fund this $600 out of this year's Commission budget. The list provided by ICLEI showed that 146 cities are participating in this program. This list and other explanation documents fi:om ICLEI have been included with this communication. Discussion with SOU students and their professors indicated that each phase of the programs could potentially use a different set of students to work on that phase. Right now, it is expected that Phase I would be completed by the three volunteering students this spring. Subsequent classes would work on the other phases. Staff feels this is a worthwhile program, which can be achieved over the next year or so with the help of the SOU graduate students. Many of the action items will probably involve existing City Conservation programs and this initiative would allow another opportunity to emphasize and market those programs. Because the local faith community has committed to reach out to other local congregations and service organizations, the City will have a new way to spread the word about the City's efforts encouraging the wise use of resources. Electric/Telecommunication Dept. Dick Wanderscheid, Director 90 N. Mountain Ave Phone: (541) 488-5357 Ashland, OR 97520 Fax: (541) 552-2436 RESOLUTION NO. 2004- A RESOLUTION ESTABLISHING THE CITY OF ASHLAND AS A PARTNER IN THE CITIES FOR CLIMATE PROTECTION CAMPAIGN, SPONSORED BY THE INTERNATIONAL COUNCIL FOR LOCAL ENVIRONMENTAL INTIATIVES (ICLEI). Recitals: A. A scientific consensus has developed that carbon dioxide (CO2) and other greenhouse gases released into the atmosphere have a profound effect on the Earth's Climate, and B. The National Academy of Sciences (NAS) reviewed and confirmed the consensus of the environment and public health communities and declared global warming a real problem to vulnerable populations, and C. Local Governments significantly influence the Communities energy use by exercising key powers over land use, transportation, construction, waste management, and energy supply and management. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The City of Ashland commits to participate in the Cities for climate Protection Campaign and, as a participant, pledges to take a leadership role in promoting public awareness about the causes and impales of climate change. SECTION 2. The City of Ashland will undertake the Cities for Climate Protection program five milestones to reduce both greenhouse gas and air pollution throughout the community, and also requests assistance from the International Council for Local Environmental Initiatives (ICLEI) Cities for Climate Protection Campaign to accomplish the milestones. SECTION 3. This resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with Ashland Municipal code 2.04.090 and duly PASSED and ADOPTED this day of ,2004. Barbara Christensen, City Recorder SIGNED AN APPROVED THIS DAY OF ., 2004. Alan W. DeBoer, Mayor Paul Nolte, City Attorney Date: To: From:' Re: December i0, 2003 Conservation Commission, City of Ashland Global Warming Task Force of Ashland Congregational United Church of Christ, et al CITIES FOR CLIMATE PROTECTION A Global Warming Forum to which the Ashland community was invited was sponsored by the above committee and co-sponsored by Oregon Interfaith Global Wanning Campaign (see attachment A). Well over forty people attended; and fffieen attended the followup discussion two weeks later. Many worthwhile recommendations were made, and at the core was seen the need to conduct a loCal emissions inventory in order to forecast greenhouse gas emissions with present practices and have a basis for adopting an emissions reduction target. This congregation (since 1888) has voted to undertake the renovation of its "public use" buildin~ (built in 1926), and one of the first steps was the energy audit conducted by the City of Ashland this fall in order to know where to make the necessary' changes for our part_ .in improving energy efficiency. This is part of our mission to educate for earth stewardship. P_ro.p_O.~S~ That Ashland become a City for Climate Protection. In the process of coordinating the above, we learned of a way that the City of Ashland can participate in a campaign with the potential of international impact (see attachments B & C). Note that Portland, Multnomah County, and Corvallis are the only jurisdictions in our state that are participating so far. We also learned that Mayor DeBoer signed the"'U. S. Mayors' Statement 'on Global Warming 2003" (see attachment D). We are aware and grateful to you all that our City is focused on conservation and are cognizant of stafftime required in various areas (see Q&A at bottom ofp. 1, attachment B). Note that technical assistance is available when committing to achieving the CCP 5 Milestones listed thereom Our forum speaker from SOU has.stated that both the Geography and Environmental Studies programs have student intern(s) that could do the research for local emissions inventory on this project that is "sure will be a valuable experience for both the student and the city." A sample job description and tips on finding and working with an intern and technical assistance to the intern are available from the' International Council for Local Environmental Initiatives (ICLEI) ,Cities for Climate Protection Campaign (CCP) once you have made the commitment: To thai end, we urge you of the Conservation Commission to submit the following resolution, or one of your own making, to the City Council for action. How We Will Support You For our part, we plan to contact other local congregations and service organizations, inviting them to consider co-sponsoring an educational brochure to be distributed to the community that · urges a personal commitment to lower emmissions--for the sake of our grandchildren, Granted, this may seem an overwhelming prospect to many, yet a simple 1-2-3 Program outlined with some understandable statistics in such form can make a difference (see attachment E). We anticipate this effort early in 2004 and invite the City of Ashland's co-sponsorship. ~io t~03 WHEREAS, a scientific consensus has developed that Carbon Dioxide (CO2) and other greenhouse gases (ghg) released into the atmosphere have a profound effect on 'the Earth's climate; and WHEREAS, scientific evidence including the Third Assessment Report fi.om the International Panel on Climate Change ([PCC) and the U.S. Global Change Research.. Program's (USGCRP) First National Assessment indicate that global warming has begun, with the 1990's the honest decade in recorded history; and WHEREAS, more than 160 countries pledged under the United Nations Framework Convention on Climate Change to reduce its greenhouse gas emissions; and WHEREAS~ in 200 l at the request of the Administration, the National Academy~of Sciences (NAS) reviewed and confu'med the con, ems of the environment and public health communities arid declared global warming a real problem impacting key vulnerable populations. The NAS report also confirmed that global wanning is caused/n part by the actions of humankind; and WHEREAS, energy consumption, specifically the burning of fossil fuels, accounts for more than 80% of U.S. greenhouse gas emissions; and wHEREAs, local governments significantly influence the community's energy usage by exercising key powers over land use, transportation, construction, waste management, and energy supply and management; and WHEREAS, local government actions taken to reduce greenhouse'gas emissions and · increase energy efficiency provide multiple local benefits by decreasing air pollution, creating jobs, reducing energy expenditures, and saving money for the local government, its businesses and its residents; and ~, the Cities for Climate Protection Campaign, sponsored by the International Council for Local Environmental Initiatives (ICLEI), has invited the City of Ashland, Oregon, to become a partner in .the Campaign; NOW Tr~ERF_.~ORE, BE IT RESOLVED that the City of Ashland commits to .' participate in the Cities for ClimateProtecfion Campaign and, as a participant, pledges to take a leadership role in promoting public awareness about the causes and impacts of climate change. The City of Ashland will undertake the Cities for Climate Protection program 5 milestone~ to reduce both greenhouse gas and air pollution emi~ions throughout the community, specifically: ... conduct a greenhouse gas (ghg) emissions inventory and forecast to determine the- source and quantity ofghg emissions in the jurisdiction; ... establish a greerihofi~e gas emissions reduction target; ....... ... develop an action plan with both existing and future actions which when implemented will meet the local ~eenhouse ~_as reduction target; ... implement the fiction plan; and ... monitor'to review progress; and BE IT FINALLY RESOLVED, that the City of Ashland requests assistance fi.om the International Council for Local Environmental Initiatives (ICLEI) Cities for Climate Protection Campaign (CCP) as it progresses through the milestones. Susan Ode Outreach Director International Council for Local Environmental Initiatives ICLEI's Cities I'o~' Climate Protection Campaign 15 Shattuck Square Suite 215 Berkeley, California 94704 510.54043843 ext 311 Telephone 510.540-4787 Fax ICLEI's Cities for Climate Protection® CCP Frequently Asked Questions What is ICLEI? The International Council for Local Environmental Initiatives is an international membership association of local governments dedicated to addressing environmental problems through · local actions. What is the Cities for Climate Protection Campaign®? Cities for Climate Protection (CCP) Campaign® is an ICLEI program that engages cities, towns, and counties in reducing the pollution that causes global warming. The CCP began in 1993. HoTM many cities, towns, and counties participate? More than 140 cities, towns, and counties in the United States and ov_&r 550 worldwide participate in the Cities for Climate Protection Campaign. · How does a jurisdiction participate in the CCP? Any city, county, or town can participate in the CCP by adopting a resolution or making' an executive proclamation, committing to achieving the CCP 5 Milestones. · What do participating jurisdictions do? Participants in the CCP commit to reduce local emissions fl~at contribute, to global warming. The process is not linear and consists of working through five CCP Milestones: 1) Conduct a local emissions inventory and forecast of greenhouse gas emissions 2) Adopt an emissiOns reduction target 3) Draft an action plan to achieve the target 4) Implement the actiOn plan 5) Evaluate and report/an progress How do jurisdictions benefit from CCP7 Jurisdictions in the CCP reduce global warming pollution, cut traffic, save tax dollars, clean the air, and improve quality of life in their communities. CCP participants have access to a national and worldwide network of local governments that act to protect the climate through innovative and proven projects. ICLEI develops and provides case studies, training workshops, publications and other learning opportunities. ICLEI staff assists with the emissions inventory and connects jurisdi.ctions with state, regional and federal government and other resources. How much stafftime does the CCP require? A staff liaison to the CCP from Energy, Planning, Public Works or other department. integrates CCP work with ongoing department activity. The time requirement varies depending on the size and complexity of the local government, the pace at which the community opts to address the milestones, and involvement from community members. What technical assistance is available? Most CCP jurisdictions address Campaign milestones with internal staff along with the assistance ofCCP-US staff. Other options: Hire or work with a local student intern to assist with the emissions inventory and action plan development. ICLEI provides a sample job description as well as tips on finding and working with an intern and technical assistance to the intern. Hire a local consultant energy or environment expert. How do local governments inventory emission? Collect relevant data on local .transportation, waste, and energy consumption. ICLEI provides forms for collecting data and sof~ware for conducting the emissions inventory. The sol,rare computes emissions numbers as well as co-benefits such as-cost Savings and criteria air pollution prevention. The inventory establishes a GHG baseline. How do jurisdictions develop emissions reduction plans? _: Cities and counties follow the CCP Toolkit through the CCP Milestoni~ process, The Toolkit helps participants identify emissions reduction ideas and strategies. Sample action plans prepared by other CCP local governments are available from ICLEI and are available to participating jurisdictions on the web. HOW do jurisdictions implement Local Action Plans? The Local Action Plan helps a city or county design a local strategy based on the results of the emissions inventory with a focus on action. Each CCP local government uses the Local Action Pl/m to implement pollution cutting measures, quantify benefits of the actions, and track success in meeting targets. How much does CCP cost? Thc CCP is free and does not require being a member oflCLEI. Membership in ICLEI is also available and provides discounts on publications, events and sof~ware. How can a jurisdiction join ICLEI? ICLEI members pays an annual fee based on population. Members are invited to. attend worldwide forums, receive discounts on workshop and other fees, have access to all ICLEI resources and programs, and participate in ICLEI's organizational structure. iCLEI CRies for Climate Protection-U.S. 15 Shattuck Square, Suite 215 * Berkeley, CA 947134 · phone 510.540.8843 * fax 510.540.4787 * email iclei_usa~iclei.org Learn more about ICLEI and the Cities for Climate Protection Campaign: Visi't HYPERLINK htt p://www.iclei, org/us www. iclei, org/us or call 510.540.8843.