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Home My WebLink About2011-0621 Council Mtg PACKET CITY Or ASHLAND Important: Any citizen may orally address the Council ~n non.agenda items during the Public Forum. Any citizen may submit written comments 10 the Council on any ilem on the Agenda, unless it is the subject of a public hearing and the record is closed. Time pennit1ing, the Presiding Officer may allow ora] lestimony. If you wish to speak, please fill oul1he Speaker Request fonn located near the entrance to the Council Chambers. The chair will recognize you and infonn you as to the amount of lime allotted to you, if any. The lime granted will be dependent 10 some extent on the nature of the item under discussion, the number of people who wish to speak, and the length of the agenda . , AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL June 21, 2011 Council Chambers 1175 E. Main Street Note: Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [AMC 2.04.030.E.] 6:45 p.m. Budget Committee Meeting 7:00 p.m. Regular Meeting I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? [5 minutes] 1. Study Session of June 6, 2011 2. Executive Session of June 7, 2011 3. Regular Meeting of June 7, 2011 VI. SPECIAL PRESENTATIONS & AWARDS None. VII. CONSENT AGENDA [5 minutes} 1. Will Council approve two intergovernmental agreements to finance, through the Fund Exchange program, the overlay of two city streets? 2. Shall Council approve the resolution declaring the Canvass of the Vote of the election held in and for the City of Ashland, Oregon on May 17, 2011 and Mayoral Proclamation? 3. Will Council approve a $5418 amendment to the existing contract with Hardy Engineering, Inc. for the design of the Ashland Creek Sewer Rehabilitation project? 4. Should Council approve the reappointments of Linda Butler and Doug Gentry and new appointment of Alan DeBoer, as recommended, to the Board of Directors for the Ashland Community Hospital? 5. Does Council wish to approve a Liquor License Application from Kelly Hay dba Key of C Coffehouse & Bakery at 116 Lithia Way? 6. Does Council wish to approve a Liquor License Application from Paul Newcombe dba Ashland Shell at 2495 Ashland Street? 7. Will Council, acting as the Local Contract Review Board, approve the multiple contract awards for Water Treatment Plan and the Wastewater Treatment Plant chemicals for a term of one year beginning July 1,2011 and expiring June 30,2012? COUNCiL \IEETINGS ARE I3RO;\I)(';\5T LiVE ON CII.'\NNEL 9 VISIT THE CITY OF ASHL\NI)'S WEB SITE ;\T WWW.\SIIL\ND.OR.US 8. Does Council wish to approve the tentative agreement for a labor contract re-opener that staff has reached with the IBEW ClericalfTechnical Union? g. Does Council wish to approve a resolution clarifying certain conditions of employment for Management and Confidential Employees repealing Resolution No. 2010-20, and adopt a resolution amending the pay schedules for Management and Confidential employees? VIII. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the public hearing. All hearings must conclude by g:OO p.m., be continued to a subsequent meeting, or be extended to 9:30 p.m. by a two-thirds vote of council {AMC !l2.04.050}) 1. Will Council approve a resolution titled, "A Resolution Establishing Rates for the Ashland Municipal Airport, and repealing Resolution 10-12" as recommended by the Airport Commission? [10 Minutes] 2. Will Council approve the Interim Special Event Fees listed below and adopt Ihe Resolution? [15 Minutes] ) IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all people wishing to speak to complete their testimony.) [15 minutes.maximum] Please note: Comments or questions from the public that are of a defamatory nature, such as statements directed at individual Councitors' character, intentions, etc., are out of order because they interfere with the work of the Council. The Council will not answer questions posed during public forum but may direct staff to answer such questions later. X. UNFINISHED BUSINESS 1. Does Council have questions regarding the report of the Police Chief on crime in Ashland and use of force by the Ashland Police Department? [10 Minutes] 2. Does Council have any questions regarding the AFN 2011 Annual Report? [15 Minutes] 3. Will Council approve findings supporting their prior decision approving, with conditions, ODOT's request to extend City water and sewer services outside of the urban growth boundary to the proposed Siskiyou Welcome Center and Rest Area? [15 Minutes] Please note: The public hearing on this item is closed, no further public testimony will be allowed. 4. Does Council wish to adopt the findings to formalize the Council's decision on the 260 First Street appeal (PA 2010-01611)? [10 Minutes} Please note: The public hearing on this item is closed, no further public testimony will be allowed. XI. NEW AND MISCELLANEOUS BUSINESS XII. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Will Council hold Second Reading of an ordinance titled, "An Ordinance Levying Taxes for the Periods of July 1, 2011 to and Including June 30, 2012, Such Taxes in the Sum of $9,997,229 Upon All the Real and Personal Property Subject to Assessment and Levy Within the Corporate Limits of the City of Ashland, Jackson County, Oregon"? [5 Minutes] XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XIV. ADJOURNMENT In compliance with the Americans with Disabilities AcI, iI 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). Notilication 72 hours prior to the meeling will enable the City to make reasonabte arrangements to ensure accessibility to the meeting (28 CFR 35. 102-35. 104 ADA Tille I). COUNCil. ;vlEETINGS ;\RE BROADCAST I..IVE ON Ci-i,\NNEi. <) VISIT TI IE CITY OF .'\SHi..'\ND'S WEB SITE AT WWW;\SIII..'\ND.(lRUS ASHLAND CITY COUNCIL MEETING June 7, 20// Page / of9 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL June 7, 2011 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Slattery, Morris, Lemhouse, Voisin, Silbiger, and Chapman were present. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced vacancies on the Forest Lands Commission, the Planning Commission, and the Tree Commission. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? The Regular Meeting minutes of May 17,2011 were approved as presented. SPECIAL PRESENTATIONS & AWARDS The Mayor's Proclamation of Flag Day was read aloud. Mina Turner, the President of the Ashland Amigo Club introduced Ashland High School Princesses Savannah Kahn and Jasmine Terry-Shindelman who gave a brief presentation of what they will perform during their stay in the City Sister of Guanajuato, Mexico June 15, 20 II. CONSENT AGENDA 1. Will Council approve the minutes of City Boards, Commissions, and Committees? 2. Does Council wish to confirm the Mayor's appointments of Mike Morris as the Council Liaison to the Firewise Commission? 3. Will Council approve a $10,050 amendment to the existing contract with KAS & Associates, Inc. for design and construction engineering services for the Jefferson Avenne project? 4. Wilt" Council, acting as the local coutract review board, approve an exemption from the competitive bid process to directly award a contract to Karin Onkka for graphic design services for a term of one (1) year beginning July 1,2011 and expiring June 30, 2012? 5. Will Council approve an intergovernmental agreement with the Oregon Department of Aviation for the 2011 pavement maintenance program? 6. Will Council, acting as the Local Contract Review Board, approve an exemption from the competitive bid process to directly award a contract to CVO Electrical Systems for electrical engineering services for a term of five (5) years beginning July 1, 2011 and expiring on June 30, 20l6? 7. Does Council wish to confirm the Mayor's appointment of Catherine Gould to the Conservation Commission with a term to. expire April 10, 20l4? Councilor Slattery requested that Consent Item #3 be pulled for discussion. Councilor Voisin/Chapman m/s to approve all Consent Agenda items except #3. Voice Vote: all A YES. Motion passed. ASHLAND CITY COUNCIL MEETING June 7, 20/1 Page 2 af9 Engineering Services Manager Jim Olson explained the amendment to the KAS & Associates contract was due to a swath of wet clay found during excavation that resulted in a redesign of the support structure. Additionally they encountered water that required drainage structures and road bases. Funding came from the grant and a loan that Craig Bramscher would pay. Councilor SlatterylMorris mls to approve Consent Agenda item #3. Roll Call Vote: Councilor Morris, Lemhouse, Slattery, Voisin, Chapman, and Silbiger, YES. Motion passed. PUBLIC HEARINGS 1. Will Council adopt the Fiscal Year 2011-2012 Annual Budget? Administrative Services Director Lee Tuneberg commented Budget Committee members questioned whether the Committee should take specific action on the General Fund Grants and suggested Council have a separate meeting to address the issue. He went on to explain changes due to program and project work in the current fiscal year that would carry forward into the next fiscal year. The amount totaled $208,500 and staff recommended re-appropriating the funds. Additionally, several projects totaling approximately $657,000 would be re-budgeted for the next year. There was no overall impact to the budget except in individual years. The new items resulting in $208,500 would reduce the Ending Fund Balance at the end of next fiscal year. Public Hearing Open: 7:25 p.m. Doug Gentry/574 Long WaylServed as a Budget Committee member for the current year. He voted against the proposed add item for a Conservation Manager position because it would not meet conservation goals. The money used to fund the position could go to other critical City functions that lost support in recent years. He was not confident a Conservation Manager would significantly increase conservation outcomes and thought the City Administrator should charter each department and program within the City to establish their own conservation efforts instead. Tom Beam/358 E Main StreetJExplained he was Vice Chair of the Conservation Commission and thought the City was remiss for the past 36-months in moving conservation projects forward. Tier 2 Power rates will increase and have the largest affect on low income, middle income, and fixed income families in the city. Conservation was the only way to mitigate those costs. He advocated restructuring City management positions and establishing conservation measures to address Tier 2 Power. Bill Kauth/258 Greenbriar Place/Spoke in favor of the Conservation Manager position. It would provide leadership in supporting the City Council Goal of long-term water planning and the economic advantage of keeping Tier 2 Power rates at a minimum. The City should be a model for conservation and sustainability. The Conservation Manager would act as a liaison to City departments in the planning and implementation of the City Goal of developing concise sustainability plans for the community, City operations and through community based sustainability planning. Brett Schumacher/2770 Diane Street/Was in favor of the City hiring a Conservation Manager and listed how the position would increase awareness, be accountable and reduce waste through conservation and sustainability efforts within the City and community. Sheri Cellini/335 Kent Street/Spoke as a citizen and a Conservation Commissioner. She expressed disappointment there was a tie vote on the Conservation Manager position and that it failed. She referenced a study on four different cities that saved $500,000-$10,000,000 annually through conservation and sustainability efforts. These savings indicated the Conservation Manager position could pay for itself. She encouraged Council to give the position a chance. ASHLAND CITY COUNCIL MEETING June 7, 2011 Page 3 of9 Jim McGinnis/629 A Street/Noted in 2011, Council adopted four goals relating to Sllstainability. He wanted the Conservation Commission and the City to be accountable for meeting those goals by having a knowledgeable point person achieve them. A Conservation Manager would increase short and long-term benefits for financial and non-financial and greatly exceed the personnel cost for the position. Not having a conservation Manager increased the risk of higher energy costs, environmental impacts, and energy security issues. He urged Council to reconsider the Conservation Manager position. Stuart Corris/577 Henley Way/Spoke as the Southern Oregon University (SOU) representative to the Conservation Commission. He eXplained why the sustainability goal required effective' leadership and thought the Conservation Manager position was critical. He understood the budget implications but at some point, the focus needed to shift to the opportunity costs of not having a Conservation Manager. David Runkel/586 E Main Street/Explained the Conservation division needed leadership. Ashland was a leader in the past for conservation but had fallen behind. He understood the budget concerns but thought there were ways within the proposed budget to accommodate the position and sustainability efforts. Risa Buck/170 Oak Street/Served on the Conservation Commission and spoke in support of the Conservation Manager position. The existing conservation analysts deserved adequate leadership from a qualified manager. The position could acquire funding to support City Conservation programs. It was important to have someone who could collaborate with other relevant city positions throughout the city on all of these issues. . Janice "Zoe" Goldstein/258 Greenbriar Place/Spoke on the benefits of conservation division activities. Filling this position would help the City extend beyond the levels they were operating at two years before. There was local expertise within the area and the City should aggressively help other businesses and seek funding to accomplish more programs. The security of energy availability was directly at stake by not having strong conservation leadership in the city. This was an opportunity to invest in the future. Sylvia Medeiros/449 Euclid Street/Shared research and details on findings from the City of Palo Alto that achieved cost savings of $586,000 from resource reductions and initiatives. Caia Cupito/745 Creek Stone Way/Gave details on her work background that described the importance of having an individual in a leadership role and equated it to the Conservation Manager position. She noted specific cities and cost savings that resulted from having sustainability departments. Will Wilkinson/2940 Hwy 99 South/Supported the Conservation Manager position and thought a delay would create more catch up and expense over time. The Conservation Manager would help the City and community conserve resources. The return of investment on having a Conservation Manager was incredible. He encouraged Council to lead the way adding the citizens would follow. Public Hearing Closed: 8:03 p.m. 2. Does Council wish to affirm, reverse, modify or remand back to the Planning Commission the decision to approve a request to convert an existing 614 square foot home into a 599 square foot retail store, with a new 447 square foot residential addition attached to the rear of the existing structure, for the property located at 260 First Street? CALL TO ORDER Mayor Stromberg opened the Public Hearing at 8:04 p.m. on the appeal of the Planning Commission's decision in Planning Action 2010-01611 and read aloud the procedure for Public Land Use Hearings. ASHLAND CITY COUNCIL MEETING June 7. 2011 Page 4 afg DISCLOSURE STATEMENT Councilor Chapman had no bias, conflict of interest, or ex parte communication and disclosed he made a site visit but encountered nothing that would influence his decision. Councilor Silbiger also made a site visit but had no conflict of interest or bias. Mayor Stromberg, Councilor Voisin, and Councilor Lemhouse had no conflict of interest, ex parte or bias. Councilor Morris disclosed he was the liaison to the Historic Commission and saw the request when it came before the Historic Commission prior to becoming a planning action and that information was in the record. Councilor Slattery declared no ex parte, conflict of interest, or bias. STAFF REPORT Associate Planner Derek Severson provided a presentation that included: . Components of the Application o Conditional Use Permit (CUP) and Site Review to convert a 614 square foot home into a 599 square foot retail store, with a new 447 square foot residential addition to the rear of the property. o Variance to reduce the number of required off-street parking spaces from the required three io only one. (Because the requirements for a disabled person-parking place requires an aisle adjacent to the space, the applicants are only able to provide one off-street parking place due to the lot's 25-foot width). o An Administrative Variance to the Site Design and Use Standards' Parking Lot Landscaping & Screening Standards to reduce the required five-foot landscape buffer between parking areas and property lines. . Vicinity Map, Zoning in the Vicinity, Existing Historic Non-Contributing Home, Proposed Building, Site Plan wlLandscaping Details, AMC 18.24.030 R-2 Conditional Uses . Proposed Elevations, Main Floor Plan, Upper Floor Plan, Site PlanlParking . Planning Commission Decision o Conditional Use Permit (CUP) and Site Review to convert a 614 square foot home into a 599 square foot retail store, with a new 447 square foot residential addition to the rear of the property. Approved with requirements for a door between uses to better integrate the retail component with the residence (as empowered in 18.72.100) and to obtain CUP approval for any change of nse or conditions. o Var[ance to reduce the number of required off-street parking spaces from the required three to only one. Approved noting that if accessihle space could be provided off-site within two hlocks, it wonld still be appropriate to have only one standard off-street parking space & an enhanced buffer to minimize parking impact on residential front yard character. o An Administrative Variance to the Site Design and Use Standards' Parking Lot Landscaping & Screening Standards to reduce the required five-foot landscape buffer between parking areas and property lines. Approved, with buffer to be increased if accessible space can be accommodated off-site. . On the Road Appeals o Appellants must identify, in writing, specific areas where they think the Planning Commission erred. This can be an error in interpretation of a fact, an interpretation of a rule or regulation, or in procedure. The City Council is to review only those specific issues raised as "errors." o The Council will decide: I) whether there is substantial evidence to support the decision of the Planning Commission and 2) if the Planning Commission committed an error in procedure or the interpretation oflaw. . Is the Appeal Request a "Clear & Distinct Identification?" o Appeal request reference a submittal provided during testimony to the Planning Commission (and is thus not specific to the subsequent decision) in identifying grounds for appeal. ASHLAND CITY COUNCIL MEETING June 7, 20// Page 5 of9 o The grounds for appeal were not restated in the appeal request, nor was a copy of the original submittal provided with the appeal request. (The item referenced was however part of the record and five specific objections to the proposal were clearly listed therein). o Council has previously determined that incorporating grounds for appeal by reference from elsewhere in the record is not a sufficiently "clear and distinct identification" of the grounds for which the decision should be reversed or modified. o Staff do not believe the appeal request meets the applicable procedural requirements from AMC 18.108.11 0.A.2 and the appeal could be rejected on that basis alone. However o The objections referenced within the record are themselves clearly and distinctly identifiable, and reference applicable criteria. Staff believes that if the appeal were rejected and ultimately appealed to LUBA, LUBA might refer the matter back to Council to address the specific items referenced. o Staff recommends Council first make a finding that the appeal fails to meet the requirements for an appeal on the record as detailed in AMC 18.108.11 O.A.2 and is therefore rejected on that basis, but also make specific findings addressing the issues references in the appeal required and reaffirming the Planning Commission's approval of the request (assuming that the Council sees no errors of fact or law in the approval). . Appellants Grounds for Appeal (Referenced in P.c. Record) Mr. Severson noted the transitional zone was germane to the appellant who stated it was not established in the code. Councilor Silbiger declared a potential conflict of interest regarding transitional zones because he lived on the boarder of a commercial neighborhood. Staff explained if Council denied the appeal based on the lack of a proper appeal process then continued and discovered an error in the Findings, they could modifY the conditions of approval or based on the denial, the appellant or applicant could appeal to the Land Use Board of Appeals (LUBA). The question of the error was whether there was substantial evidence or not in meeting the applicable criteria. PUBLIC TESTIMONY Mayor Stromberg stated the only issues Council could consider were: I. Failure to meet the permitted uses in the R-2 District (as detailed in AMC 18.24.020). 2. Failure to meet the Conditional Uses in the R-2 District (as detailed in AMC 18.24.030). 3. The proposal cannot provide adequate parking and will further worsen the current parking situation. 4. The proposal will adversely affect livability in the immediate area. 5. Failure to meet the requirement that the site be located on a street having a fully improved sidewalk on at least the side occupied by the business (as detailed in AMC 18.24.020). PUBLIC TESTIMONY Aooellant Philip Lang/758 B Street/Owned the property adjacent to the subject property and had several issues with the proposal. It did not meet the requirements for variances for parking, there were no practical difficulties, or hardships that prevented permitted or even some conditional uses of the property under Ashland Municipal Code (AMC) Chapter 18.100 Variances. Granting a variance required that all three conditions stated were met. The property did not meet them nor were there unique and unusual circumstances. The 25-foot lot width was a standard historic lot size for the Rail Road District and was not unique. Additionally, the proposal benefits did not outweigh the negative impacts on livability for neighbors and the commercial establishment in the E-I zone. According to AMC Chapter 18.24 R-2 Low Density Multiple-Family Residential District, Section ASHLAND CITY COUNCIL MEETING June 7, 2011 Page 6 of9 18.24.030 R-2, Conditional Uses the proposal did not meet any of the conditional use requirements. It would not primarily serve pedestrian traffic, and was not a retail commercial use 10caJed in a dwelling unit in the Rail Road District. The proposal reduced the size of the existing building to meet the limitations for a retail outlet with a separate new residential unit that violated the requirement of running a business and living in the same unit. The Planning Commission's suggestion of having a door between the two buildings violated space and owner/operator dwelling requirements. The parking variance included a 66% reduction with an Americans with Disabilities' Act (ADA) space possibly two blocks away. Parking was already difficult on that block and further parking demands would negatively affect the Ashland Coop's business. His property next to the applicant's had been an affordable living unit for 25 years and the proposed development would make it less attractive and desirable as a living unit, was a target use of the R-2 zone and compromised not only his commercial value but the remaining residential units on both sides of the street. He did not think the area was a transitional neighborhood. He provided examples of how it had been stable for decades. Additionally there were no criteria or standards on what created a transitional zone and that made the proposed property unmerited, unacceptable and without qualification. Councilor Slattery/Morris m/s to extend the Public Hearing until 9:30 p.m. Voice Vote: all AYES. Motion passed. Aoolicant Melissa Syken/270 North 1 "/Spoke on behalf of the applicant and noted the demand for eco friendly. baby products not currently sold in Ashland and eXplained the applicants intended to sew most of the product themselves. She addressed livability and noted she currently lived in the appellant's dwelling adjacent the subject property and liked the location, community and proximity of the Ashland Coop. She thought the Ashland Coop created more of a parking impact than the proposed store would. The Ashland Coop was, on a one-way street with four residential units across the street. Allowing two parking spaces on the subject property would decrease impact on parking. She also felt the proposal met the conditional use requirements. Carlos Delgado/2030 Wine Street/Introduced himself as the architect for the applicant and explained the property was actually on the map as a transitional zone and the Historic Commission and Planning Commission recognized it as a transitional neighborhood from commercial use to residential use. The building was a 1,000 square foot building where 600 square feet would be dedicated to a small retail operation. They researched parking requirements and options by the State, ADA, and Ashland City ordinances and received approval for on street parking at the State level. As for livability, there was an active retail operation across the street from the subject property and there was nothing to compare on the impact of a 600 square foot operation versus the Ashland Coop. Mr. Severson commented that State approval for ADA parking was not in the record and should not be considered in the decision. Those who Suooort the Appeal- None spoke Those who Suoport the Planninl! Commission's Decision Amanda Rockwell-Higgins/2050 Butler Creek Road/Did not think parking was an issue and explained she was a small business owner in Ashland. It took very few customers to make her successful and equated that to the applicant's proposal. Final Remarks - Aimellant - No further remarks. ASHLAND CITY COUNCIL MEETING June 7. 2011 Page 70f9 Final Remarks - Aoolicant - No further remarks. Mr. Severson confirmed the Conditional Use Permit only allowed a business no greater than 600 square-feet of the total area of the residence. Hearinl! Closed - 9:07 p.m. COUNCIL DELIBERATION Councilor LemhouselSlattery mls to affirm the decision of the Planning Commission decision and reject the appeal and direct staff to prepare Findings for adoption by Council. DISCUSSION: Councilor Lemhouse supported the Planning Commission's decision and did not think they erred in their approval. Alternately, the applicant's submittal was not consistent and did not follow procedure. Councilor Chapman commented it was not an easy decision for the Planning Commission and there was ample evidence to support either position. He thought the appellant failed to identify errors of law made by the Planning Commission. Additionally, the Planning Commission and staff addressed each of the five objections made by the appellant at the hearing. Councilor Silbiger noted the appeal did not meet the criteria to form an appeal for Council and should not have come forward. The application clearly met conditional uses, the livability of the neighborhood was already impacted, and the small store would not affect the process. However, there was a compelling case that could go either way regarding the parking variance based on variance criteria. Roll Call Vote: Councilor Lemhouse, Chapman, Slattery, Voisin, Silbiger and Morris, YES. Motion passed. CONTINUED - PUBLIC HEARINGS Will Council adopt the Fiscal Year 2011-2012 Annual Budget? City Administrator Martha Bennett based the Conservation Manager position on several Council Goals regarding conservation. Currently there was not sufficient staff support to perform the fieldwork the Conservation staff did and achieve the Council Goals. Due to some vacant positions, she thought staff could evaluate how these vacancies might free up existing resources to work on conservation while recruiting an Assistant City Administrator. Councilor SilbigerILemhouse m/s to approve Resolution #2011-18 Adopting the Annual Budget and Making Appropriations as amended by staff. DISCUSSION: Councilor Silbiger explained the Conservation Manager position failed to get a majority vote and it was appropriate that Council honor that decision. Councilor Voisin thought Council should fund the position or change the goals. Not funding the position set staff up for failure. She would not support the motion. Councilor Lemhouse supported the Conservation Manager position at the Budget meeting and recognized the need to provide appropriate resources to accomplish Council Goals. Overturning the Budget Committee's decision went against transparency and citizen involvement. Councilor Slattery supported a Conservation Manager position but thought it should occur in the future. He wanted the Conservation Commission to develop the position further and that lack of detail contributed to his vote against it during the budget process. He also thought the Assi~tant City Administrator should hire for that position when it was approved. Councilor Morris thought the Conservation Manager position was necessary but agreed the Budget Committee's decision should not be overturned. ' Councilor Chapman agreed the Conservation department needed a leader but was unsure of the level of leadership it required. He noted an observation that the previous Director of the Electric Department also served as the Conservation Manager and questioned the need for a new position. Councilor Voisin explained the Budget Committee's primary responsibility was review the proposed budget to determine if it met the policy and strategic goals of the City Council and the Parks and Recreation Department. She reiterated the need to either fund a Conservation Manager position or eliminate some of the goals. Mayor Stromberg ASHLAND CITY COUNCIL MEETING June 7. 2011 Page 8 of9 appreciated the work by the Conservation Commission and the importance of leadership in conservation and sustainability plans. He also supported not overturning the Budget Committee's vote but there was a need to clarifY the Budget Committee's role to ensure it implemented the priorities and goals of Council and the Parks and Recreation Department. He cautioned on setting precedents and the potential to transfer power from the Council to the Budget Committee. Roll Call Vote: Councilor Silbiger,Chapman, Slattery, Morris, and Lemhouse, YES; Councilor Voisin, NO. Motion passed 5-1. Councilor SilbigerlLemhouse mls to approve Resolution #2011-16 CertifYing City provides sufficient Municipal Services to Qualify for State Subventions. Roll Call Vote: Councilor Morris, Silbiger, Chapman, Lemhouse, Slattery and Voisin, YES. Motion passed. Councilor SilbigerlLemhouse m/s to approve Resolution #2011-15 Declaring the City's Election to Receive State Revenues. Voice Vote: all AYES. Motiou passed. Couucilor SilbigerlSlattery m/s to approve first reading of an Ordiuance Levying Taxes for the period of July 1, 2011 to and including June 30, 2012, such taxes in the sum of $9,997,229 upon all Real and Personal Property Subject to Assessment and Levy within the Corporate Limits of the City of Ashland, Jackson County, Oregon. DISCUSSION: Councilor Lemhouse expressed the need look at ways to cut property taxes. Roll Call Vote: Councilor Voisin, Chapman, Morris, Lemhouse, Silbiger and Slattery, YES. Motion passed. Councilor Silbiger/Slattery m/s to sched ule a short Budget Committee meeting prior to the next Council meeting for the purposes of accepting the recommendations of the Economic and Social Service of the sub-committees. DISCUSSION: Councilor Silbiger explained the entire Budget Committee accepted the Economic Development Grants annually and the Social Service Grants biannually and that process did not occur this year. Councilor Voisin did not think it was necessary to' have a meeting. Councilor Silbiger clarified the purpose of the meeting would ratify the decisions of the two Sub-committees and amended the motion with Councilor Slattery's consent. Councilor Slattery declared a conflict of interest regarding the meeting and recused himself. Councilor Chapman did not support 'having the meeting. Roll Call Vote: Councilor Voisin, Silbiger, Morris and Lemhouse, YES; Councilor Slattery, and Chapman, NO. Motion passed 4-2. PUBLIC FORUM - None UNFINISHED BUSINESS 1. Will Council approve an agreement with Standing Stone Brewing Co., for the lease of 265 acres of the Imperatrice Ranch property? Engineering Services Manager Jim Olson provided background on the Imperatrice property and a request from Council that staff identifY an equitable, definable, and acceptable rental rate for the property. Appraisals on unimproved native grasslands for cattle purposes were rare but eventually the property was appraised at $50 per acre annually for a total yearly lease of $13,250. Mr. Olson confirmed that acreage above the east lateral canal were left fallow per Council and the Standing Stone Brewing Company would lease the 265 acres below the canal. Council directed staff to research the possibility of leasing the land above the canal to Ron Anderson who currently used the land for cattle grazing as well as any environmental impacts to that area. Councilor Voisin/Slattery m/s to approve the attached lease to Standing Stone Brewing Company (SSBC). Roll Call Vote: Councilor Slattery, Morris, Lemhouse, Voisin, Silbiger and Chapman, YES. Motion passed. ASHLAND CITY COUNCIL MEETING June 7. 2011 Page 9 of9 2. Does the Council wish to adopt findings to formalize the Council's decision on the 163 Hitt Road appeal (PA 2010-01622)? EX P ARTE CONTACTS. BIAS. CONFLICTS OF INTEREST Council and the Mayor had no ex parte, bias or conflicts of interest to declare. Community Development Director Bill Molnar explained the Findings identified the four alleged errors the appellants made with the Planning Commission's decision. The errors related to the disagreement on the failure of the Planning Commission to apply land use regulations appropriately concerning lot coverage. The Findings reiterated how the Planning Commission addressed lot coverage and performance standards. Councilor SilbigerlMorris mls to adopt the Findings as presented. Roll Call Vote: Councilor Chapman, Voisin, Slattery, Morris, Lemhouse, and Silbiger. YES. Motion passed. NEW AND MISCELLANEOUS BUSINESS 1. Will Council approve a resolution that implements Governmental Accounting Standards Board Statement 54, standardizing the terminology and categorization of the elements of fund balances for governmental funds for the City of Ashland? Councilor SlatterylLemhouse mls to approve Resolution #2011-17. Voice Vote: all AYES. Motion passed. ORDINANCES. RESOLUTIONS AND CONTRACTS - None OTHER BUSINESS FROM COUNCIL MEMBERSIREPORTS FROM COUNCIL LIAISONS 1.. Will Council agree to co-sponsorship of the Annual Southern Oregon Pride event, in order to qualify the event to hang a banner over East Main Street? Councilor SlatterylLemhouse m/s to co-sponsor the Annual Southern Oregon Pride event and allow them to hang a banner over East Main Street. DISCUSSION: City Administrator Martha Bennett confirmed Council would waive the fees for staff overtime for closing the street for the parade and clean up. Council already co-sponsors the 4th of July, Halloween, and Festival of Lights parades, as well as the Martin Luther King Day celebration and waives fees for' all of those events. Voice Vote: all AYES. Motion passed. ADJOURNMENT Meeting adjourned at 10:0 I p.m. Barbara Christensen, City Recorder John Stromberg, Mayor , CITY COUNCIL STUDY SESSION June 6, 2011 Page I of3 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday, June 6, 2011 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:30 p.m. in the Siskiyou Room. Councilor Silbiger, Morris, Chapman, and Voisin were present. Councilor Slattery arrived at 5:40 pm. Councilor Lemhouse was not present. The Look Ahead agenda item was moved to number 2. on the agenda. 1. Does Council have questions about and/or comments on the first phase of the Feasibility Study? Jeff Tashman of Tashman Johnson LLC and Nancy Guitteau from Urban Land Economics presented on the following elements of the feasibility study: Boundaries of Urban Renewal Studv Areas Mr. Tashman confirmed the Urban Renewal District for the Croman Mill Site could produce $11,000,000 in tax increment revenue that was time adjusted, and could be borrowed against over a 20-year period. He went on to explain the boundary areas selected were for the Feasibility Study only and not recommended boundaries for an urban renewal plan. They combined the Downtown and Railroad properties into one area because they functionally related and had important connections between them that would benefit from urban renewal improvements. The Croman Mill Site area included the entire district, related employment lands north of Croman and the commercial land around the intersection of Ashland Boulevard and Tolman Creek Road. Real Estate Market Assessment Ms. Guitteau explained the model used to determine Demand contained population and climate forecasts to establish the real estate market assessment and evaluated employment projections. The employment projections started with the Oregon Employment Forecast for Jackson and Josephine Counties to determine new employment for Ashland over the next 20 years and commercial and industrial development. Historical data of total employment in Jackson County was consistently 76%-78% for several years. There was not a city level forecast so they used information from the Economic Opportunity Analysis to estimate percentages the County anticipated for Ashland. Additionally they factored the economic downturn and housing market into the short term as well as changes in underwriting and lending standards. They translated Ashland's share of new employment-by-employment sector into new development to house employees that included commercial retail, land use, office, and industrial development and non- land use employment. The allocated share of employment in each employment sector, types of real estate and square foot for employee determined how much commercial and industrial space was required over the next 20 years to accommodate new employment. For Supply, they looked at opportunity parcels within the two proposed districts. The Downtown/Railroad properties had 43 parcels with 38 acres considered opportunity parcels. The Croman Mill Site area contained 33 parcels with over 80 acres for opportunity parcels. They used the supply of opportunity parcels to determine full development based on zoning, Comprehensive Plans, floor area ~ CITY COUNCIL STUD Y SESSION June 6, 2011 Page 2 of3 ratios, and potential for parking. the 20-year period. The final step will be a development schedule in 5-year increments over Ms. Guitteau noted the current population projection discrepancy between Jackson County and the City of Ashland would not have a significant impact on the development program since there was very little housing involved. She added it was important to build over the 20-year period and not fully build out in these areas. Alternately, they left sufficient land out of the urban renewal district for other future developments. Tax Increment Revenue Proiections Mr. Tashman took the projections from the real estate market assessment and narrowed them down annually.- The projections were in real market value and the assessed value was less than its real market value. He converted adjustments and gave them an annual number for the assessed value of new growth in each of the areas. They did not assume 3% growth across the board because some areas would not increase at that rate and adjusted factors that were less than 3% in both areas. The tax rate was also used to calculate annual revenues and was lower than the actual tax rate because the statutes exclude taxes from Urban Renewal. They calculated the tax at $12 per $1,000 to arrive at annual revenues. The Downtown/Railroad projected higher revenues than the Croman Mill Site area because it had twice as much assessed value. Mr. Tashman confirmed urban renewal had no direct impact to the Ashland School District and they were exempt. Annual revenues ranged from a $1,500,000 for the Croman Mill Site and $3,000,000 for the Downtown/Railroad. They used a combination of long-term and short-term financing building to determine funding capacity numbers of $24,000,000 for the Downtown/Railroad and $11,000,000 for Croman Mill Site. Typically, with urban renewal districts, additional funding resources were used to complete funding for projects. They also looked at critical infrastructure needs, costs, and listed various projects for the Croman Mill Site and the Downtown/Railroad areas and noted a need for public parking downtown. The Central Boulevard project for the Croman Mill Site property would be expensive. List and Evaluation of Financinl! Alternatives Mr. Tashman shared financing alternatives th~t included Utility and Street funds, System Development Charges (SDCs) for relevant transportation and utility needs. Other possibilities included grants, immediate opportunity funds for Central Boulevard in Croman Mill Site and General Obligation bonds to help fund public facilities. There were street and intersection improvements for the DowntownfRailroad as well as street furniture and plantings that would benefit the entire city that tax increment financing combined with a Local Improvement Districts (LID) could help fund. Although projections for the Croman Mill Site area were out of scope, they anticipated public costs for Central Boulevard, the park, parking structure and multi-use paths would exceed more than private property development could support. Council expressed concern over these costs exceeding private development and overall project feasibility for the Croman Mill Site area. Councilor Silbiger declared a potential conflict of interest regarding Plexis Healthcare Systems possibly moving to the Croman Mill Site. . , ;: 2. Look Ahead Review City Administrator Martha Bennett reviewed items on the Look Ahead. Meeting adjourned at 6:50 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder CITY COUNCIL STUDY SESSION June 6,2011 Page 3 of3 CITY OF ASHLAND Council Communication A Resolution Declaring the Canvass of the Vote of the Election Held in and for the City of Ashland, Oregon on May 17,2011, and Mayoral Proclamation Meeting Date: June 21,2011 Primary Staff Contact: Barbara Christensen Department: City Recorder E-Mail: christeb@ashland.or.us Secondary Dept.: Legal Departme Secondary Contact: David Lohman Approval: Martha Benne Estimated Time: Consent/Proclamation Question: Shall the City Council approve the Resolution declaring the Canvass of the Vote of the election held in and for the City of Ashland, Oregon on May 17,2011 and Mayoral Proclamation? Staff Recommendation: Adoption of Resolution and Mayoral Proclamation is recommended. Background: Article VII, Section 6, of the City Charter requires that the canvass of the votes for all city elections be made, and the results of the election "shall be entered in the record of the proceedings of the council." The Resolution sets forth the vote for each measure, and the proclamation sets forth the passage or failure of each of the ballot measures, all as required by this chapter section. Related City Policies: Per charter requirements as outlined above. Council Options: Adoption of the resolution with the Mayor making the proclamation. Potential Motions: Move to adopt the attached resolution. Attachments: Resolution Proclamation Canvass of the Vote Page I of I ~~, RESOLUTION NO. 2011- A RESOLUTION DECLARING THE CANVASS OF THE VOTE OF THE ELECTION HELD IN AND FOR THE CITY OF ASHLAND, OREGON, ON MAY 17,2011. RECITALS: A. The City Council of the City of Ashland met on the 6th day of June, at the City of Ashland's Civic Center and proceeded to canvass the vote cast at the election held in and for the City of Ashland on the 17th day of May, 201 I. B. The-Council has canvassed the vote and has determined the number of votes for the positions as follows: 15-109 Issue General Obligation Bonds to Finance Fire Station #2 YES 3,343 NO 1,525 THE CITY OF. ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Measure 15-109, which posed the following question is declared to have passed: "Shall the City issue $3 million in general obligation bonds to finance the replacement of Fire Station #2?" SECTION 2. This resolution takes effect upon signing by the Mayor. This resolution was duly PASSED and ADOPTED this _ day of June, 201 I. Barbara Christensen, City Recorder SIGNED and APPROVED this ~ day of ,2011. John Stromberg, Mayor Reviewed as to form: David Lohman City Attorney Page I of I NUMBERED KEY CANVASS SPECIAL ELECTION HAY 17. 2011 JACKSON COUNTY. OREGON RUN OATE:05/31/11 03:31 PM VOTES PERCENT 15.109 Bond for Reconstruction of fire Station 2 ASHLAND CITY Vote For I m-~ 3.m ~.D 02 . No 1.525 31.33 01 02 ---......... 0002 2 Ashland 903 495 0004 4 Ashland 819 372 0007 7 Ashland 710 304 0010 10 SOU 12 5 0013 13 Ashland 899 349 REPORT -EL52 PAGE 0076 I certify the votes recorded o.~s . the election indicated. act correctly summarize the tally of votes cast at ~6-()2-1 ! date CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approva]: Approval of two Fund Exchange Agreements to Finance the 2011 Street Overlay Project June 21, 2011 Primary Staff Contact: Public Works E-Mai]: Finance Secondary Contact: Martha Benne Estimated Time: James Olson O]soni@ashland.or.us Karl Johnson Consent Question: Will the Council approve two intergovernmental agreements to finance, through the Fund Exchange program, the overlay of two city streets? Staff Recommendation: Staff recommends that the Council approve the attached two intergovernmental agreements (IGA's) to finance, through the Fund Exchange program, the overlay of two city streets. Background: Each year, local agencies are allocated transportation funds through the Metropo]itan Planning Organization (MPO) for improvements to the transportation system. The funds are received through ODOT grants such as the Congestion Mitigation and Air Qua]ity grant (CMAQ) or through the Fund Exchange program. The Fund Exchange program simply exchanges $94 in state funds for each $] 00 of federal funds. This very simple program allows the City to design, develop and implement the proposal as a City project as opposed to a much more costly and comprehensive ODOT project. The 20] I Fund Exchange will finance the overlay of North Mountain A venue, from Hersey Street to 1-5 and Allison Street from Sherman Street to Gresham Street. Funding amounts are $325,495.68 for North Mountain Avenue and $329,000 for Allison Street. \ Asphalt street overlays are an effective pavement program that the City adopted in 1972 and has continued with great success. Under this annual program, asphalt overlays of] y, to 3 inches.in thickness are applied to the surface of weathered asphalt streets to seal the surface and improve the structural integrity of the street. These treatments can double the life expectancy of an asphalt street. The City maintains a pavement analysis and rating program that helps Public Works staff determine street maintenance needs and schedules. Each year a list of streets are selected based upon a computer assigned sufficiency rating. The 20] I Street Overlay Project No.2010-1O will actually combine two streets from FYII and two streets from FY 12 thereby saving staff time and costs in developing two separate projects. The four streets to be included in the project include: ]. North Mountain Ave - Hersey St. to 1-5 2. Allison Street - Sherman St. to Gresham St. 3. Tay]or Street - Holly St. to Ash]and St. 4. Wightman Street - Quincy St. to Siskiyou B]vd. $325,495.68 $329,000.00 $125,000.00 $225,000.00 Page 1 of I ~~, CITY OF ASHLAND The first two streets are paid for under the attached fund exchange agreements while the remaining two streets are funded by fees and rates. It is anticipated that these four streets will be overlayed in August 2011. Related City Policies: The Council is required to approve all intergovernmental agreements. Council Options: . The Council may approve the attached two fund exchange agreements for the overlay ofN. Mountain Ave and Wightman St. . The council may decline to approve the fund exchange agreements. Potential Motions: . Move to approve two fund exchange agreements for the overlay ofN. Mountain Ave and Wightman St. . Move to deny approval of the two fund exchange agreements for the overlay ofN. Mountain A ve and Wightman St. Attachments: . Vicinity map . Fund Exchange Agreement No. 27843 . Fund Exchange Agreement No. 27844 Pagc2of2 ~~, '" ~ c: 0) 0 s 0) (1) '" ...- .... >.. x 1102 ...- Cllro E 0 ~::: '" N (1) 0> o~ (1) ;;. c Q, gflo rn l'll .c ro () :a: ~ x >-..J ...c; (1) '" u (1) , ~ x ... "0 ~:c wcJj c => l: V ... -, 'u C<8 ~ UrJ) :> ::> X ""' "", 1- ~ l 0- rn 0 "'- E N , i':' 'c '0 ." - ell 1Il ;;.' l: ,\1 <( " <\I l: E ., 'i; - ... .c l: Cl ::J ~ 0 :E z . . '. 'I , ;; '" ~ /~---, - /' ' '-I '" ''1(- -----------,-- z <iiiiI( " g ~ . , > 0: , 0 w 0 ~ . " u 0 u I [I Misc. Contracts and Agreements No. 27843 2011 FUND EXCHANGE AGREEMENT N. Mountain Avenue - Hersey Street to Interstate 5 City of Ashland THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "State"; and City of Ashland, acting by and through its elected officials, hereinafter referred to as "Agency," both herein referred to individually or collectively as "Party" or "Parties." RECITALS 1. By the authority granted in Oregon Revised Statute (ORS) 190.110, 366.572 and 366.576, ODOT may enter into cooperative agreements with counties, cities and units of local governments for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties. 2. The project is listed as Key Number 17250 in the 2010-2013 State Transportation Improvement Program (STIP) NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, it is agreed by and between the Parties hereto as follows: TERMS OF AGREEMENT 1. Agency has submitted a completed and signed Part 1 of the Project Prospectus, or a similar document agreed to by State, outlining the schedule and costs associated with all phases of the N. Mountain Avenue - Hersey Street to Interstate 5 project, hereinafter referred to as "Project." 2. State has reviewed Agency's prospectus and considered Agency's request for the Fund Exchange. State has determined that Agency's Project is eligible for the exchange of funds. 3. To assist in funding the Project, Agency has requested State to exchange 2011 federal funds, which have been allocated to Agency, for state funds based on the following ratio: $94 state for $100 federal 4. Based on this ratio, Agency wishes to trade $346,272 federal funds for $325,495.68 state funds. Fund Exchange IGA (Revised April 11 ,2011) 5. The term of this Agreement will begin upon execution and will terminate two (2) calendar years alter all required signatures are obtained unless extended by an executed amendment. 6. The Parties agree that the exchange is subject to the following conditions: a. The federal funds transferred to State may be used by State at its discretion. b. State funds transferred to Agency must be used for the Project. This Fund Exchange will provide funding for specific roadway projects and may also be used for the following maintenance purposes: i. Purchase or Production of Aggregate. Agency shall ensure the purchase or production of aggregate will be highway related and used exclusively for highway work. ii. Purchase of Equipment. Agency shall clearly describe how it plans to use said equipment on highways. Agency shall demonstrate that the equipment will on'y be used for highway purposes. c. State funds may be used for all phases of the Project, including preliminary engineering, right of way, utility relocations and construction. Said use shall be consistent with the Oregon Constitution and statutes (Section 3a of Article IX Oregon Constitution). Agency shall be responsible to account for expenditure of state funds. d. This Fund Exchange shall be on a reimbursement basis, with state funds limited to a maximum amount of $325,495.68. All costs incurred in excess of the Fund Exchange amount will be the sole responsibility of Agency. e. State certifies, at the time this Agreement is executed, that sufficient funds are available and authorized for expenditure to finance costs of this Agreement within State's current appropriation or limitation of the current biennial budget. f. Agency and any contractors, shall perform the work as an independent contractor and will be exclusively responsible for all costs and expenses related to its employment of individuals to perform the work including, but not limited to, retirement contributions, workers compensation, unemployment taxes, and state and federal income tax withholdings. g. Agency shall comply with all federal, state, and local laws, regulations, executive orders and ordinances applicable to the work under this Agreement, including, without limitation, the provisions of ORS 279C.505, 279C.515, 279C.520, 279C.530 and 279B.270 incorporated herein by reference and made a part hereof. Without limiting the generality of the foregoing, Agency expressly agrees 27843 - 2- to comply with (i) Title VI of Civil Riqhts Act of 1964; (ii) Title V and Section 504 of the Rehabilitation Act of 1973; (Iii) the Americans with Disabilities Act of 1990 and ORS 659A.142; (iv) all regulations and administrative rules established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. h. Agency, or its consultant, shall conduct the necessary preliminary engineering and design work required to produce final plans, specifications and cost estimates; purchase all necessary right of way in accordance with current state and federal laws and regulations; obtain all required permits; be responsible for all utility relocations; advertise for bid proposals; award all contracts; perform all construction engineering; and make all contractor payments required to complete the Project. i. Agency shall submit invoices to State on a monthly basis, for actual costs incurred by Agency on behalf of the Project directly to State's Project Manager for review and approval. Such invoices will be in a form identifying the Project, the agreement number, the invoice number or account number or both, and will itemize all expenses for which reimbursement is claimed. Under no conditions shall State's obligations exceed $325,495.68, including all expenses. Travel expenses will not be reimbursed. j. Agency shall, at its own expense, maintain and operate the Project upon completion at a minimum level that is consistent with normal depreciation and service demand. k. All employers, including Agency, that employ subject workers in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage unless such employers are exempt under ORS 656.126. Employers Liability insurance with coverage limits of not less than $500,000 must be inctuded. Agency shall ensure that each of its subcontractors complies with these requirements. I. This Agreement may be terminated by either Party upon thirty (30) days' notice, in writing and delivered by certified mail or in person. i. Stale may terminate this Agreement effective upon delivery of written notice to Agency, or at such later date as may be established by State, under any of the following conditions: A. If Agency fails to provide services called for by this Agreement within the time specified herein or any extension thereof. B. If Agency fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement 27843 - 3- in accordance with its terms, and after receipt of written notice from State fails to correct such failures within ten (10) days or such longer period as State may authorize. ii. Either Party may terminate this Agreement effective upon delivery of written notice to the other Party, or at such later date as may be established by the terminating Party, under any of the following conditions: A. If either Party fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow either Party, in the exercise of their reasonable administrative discretion, to continue to make payments for performance of this Agreement. B. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited or either Party is prohibited from paying for such work from the planned funding source. Iii. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. m. State and Agency agree that if any term or proVIsion of this Agreement is declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected: and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid. 7. Agency acknowledges and agrees that State, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives shall have access to the books, documents, papers, and records of Agency which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts, and transcripts for a period of six (6) years after final payment. Copies of applicable records shall be made available upon request. Payment for costs of copies is reimbursable by State. 8. Agency certifies and represents that the individual(s) signing this Agreement has been authorized to enter into and execute this Agreement on behalf of Agency. under the direction or approval of its goveming body, commission, board, officers, members or representatives, and to legally bind Agency. 9. This Agreement may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original. 27843 -4- 10. This Agreement and attached exhibits constitute the entire agreement between the Parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind either Party unless in writing and signed by both Parties and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of State to enforce any provision of this Agreement shall not constitute a waiver by State of that or any other provision. THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing representatives have read this Agreement, understand it, and agree to be bound by its terms and conditions. The funding for this Fund Exchange program was approved by the Oregon Transportation Commission on September 22, 2010, as a part of the 2010 -2013 Statewide Transportation Improvement Program (STIP). The Program and Funding Services Manager approved the Fund Exchange on 6/6/2011. 27843 -5- City of Ashland, by and through By Date By Date APPROVED AS TO LEGAL SUFFICIENCY By Counsel Date Agency Contact: Karl Johnson Assistant Engineer 20 East Main Street Ashland, OR 97520 541.488.5347 joh nsonk@ashland.or.us State Contact: Alexandra Krull Region 3 Fund Exchange Coordinator 3500 NW Stewart Parkway Roseburg, OR 97470 541.957.3635 akru lI@odot.state.or.us 27843 STATE OF OREGON, by and through its Department of Transportation By Region 3 Manager Date APPROVAL RECOMMENDED By Region 3 Fund Exchange Coordinator Date By Date APPROVED AS TO LEGAL SUFFICIENCY By Assistant Attorney General Date - 6- Misc. Contracts and Agreements No. 27844 2011 FUND EXCHANGE AGREEMENT Allison Street - Sherman Street to Gresham Street City of Ashland THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "State"; and City of Ashland, acting by and through its elected officials, hereinafter referred to as "Agency: both herein referred to individually or collectively as "Party" or "Parties." RECITALS 1. By the authority granted in Oregon Revised Statute (ORS) 190.110, 366.572 and 366.576, ODOT may enter into cooperative agreements with counties, cities and units of local governments for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties. 2. This project is listed as Key Number 14375 in the 2010-2013 State Transportation Improvement Program (STIP). NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, it is agreed by and between the Parties hereto as follows: TERMS OF AGREEMENT 1. Agency has submitted a completed and signed Part 1 of the Project Prospectus, or a similar document agreed to by State, outlining the schedule and costs associated with all phases of the Allison Street - Sherman Street to Gresham Street project, hereinafter referred to as "Project." 2. State has reviewed Agency's prospectus and considered Agency's request for the Fund Exchange. State has determined that Agency's Project is eligible for the exchange of funds. 3. To assist in funding the Project, Agency has requested State to exchange 2011 federal funds, which have been allocated to Agency, for state funds based on the following ratio: $94 state for $100 federal 4. Based on this ratio, Agency wishes to trade $350,000 federal funds for $329,000 state funds. Fund Exchange IGA (Revised April 11 ,2011) 5. The term of this Agreement will begin upon execution and will tenminate two (2) calendar years after the last require signature is obtained unless extended by an executed amendment. 6. The Parties agree that the exchange is subject to the following conditions: a. The federal funds transferred to State may be used by State at its discretion. b. State funds transferred to Agency must be used for the Project. This Fund Exchange will provide funding for specific roadway projects and may also be used for the following maintenance purposes: i. Purchase or Production of Aggregate. Agency shall ensure the purchase or production of aggregate will be highway related and used exclusively for highway work. ii. Purchase of Equipment. Agency shall clearly describe how it plans to use said equipment on highways. Agency shall demonstrate that the equipment will only be used for highway purposes. c. State funds may be used for all phases of the Project, including preliminary engineering, right of way, utility relocations and construction. Said use shall be consistent with the Oregon Constitution and statutes (Section 3a of Article IX Oregon Constitution). Agency shall be responsible to account for expenditure of state funds. d. This Fund Exchange shall be on a reimbursement basis, with state funds limited to a maximum amount of $329,000. All costs incurred in excess of the Fund Exchange amount will be the sole responsibility of Agency. e. State certifies, at the time this Agreement is executed, that sufficient funds are available and authorized for expenditure to finance costs of this Agreement within State's current appropriation or limitation of the current bienniai budget. f. Agency and any contractors, shall perform the work as an independent contractor and will be exclusively responsible for all costs and expenses related to its employment of individuals to perform the work including, but not limited to, retirement contributions, workers compensation, unemployment taxes, and state and federal income tax withholdings. g. Agency shall comply with all federal, state, and local laws, regulations, executive orders and ordinances applicable to the work under this Agreement, including, without limitation, the provisions of ORS 279C.505, 279C.515, 279C.520, 279C.530 and 2798.270 incorporated herein by reference and made a part hereof. Withoullimiting the generality of the foregoing, Agency expressly agrees 27844 - 2- to comply with (i) Title VI of Civil Riqhts Act of 1964; (ii) Title V and Section 504 of the Rehabilitation Act of 1973: (iii) the Americans with Disabilities Act of 1990 and ORS 659A.142; (iv) all regulations and administrative rules established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. h. Agency, or its consultant, shall conduct the necessary preliminary engineering and design work required to produce final plans, specifications and cost estimates; purchase all necessary right of way in accordance with current state and federal laws and regulations; obtain all required penmits; be responsible for all utility relocations: advertise for bid proposals; award all contracts; perform all construction engineering; and make all contractor payments required to complete the Project. i. Agency shall submit invoices to State on a monthly basis, for actual costs incurred by Agency on behalf of the Project directly to State's Project Manager for review and approval. Such invoices will be in a form identifying the Project, the agreement number, the invoice number or account number or both, and will itemize all expenses for which reimbursement is claimed. Under no conditions shall State's obligations exceed $329,000, including all expenses. Travel expenses will not be reimbursed. r' j. Agency shall, at its own expense, maintain and operate the Project upon completion at a minimum level that is consistent with normal depreciation and service demand. k. All employers, including Agency, that employ subject workers in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage unless such employers are exempt under ORS 656.126. Employers Liability insurance with coverage limits of not less than $500,000 must be included. Agency shall ensure that each of its subcontractors complies with these requirements. I. This Agreement may be terminated by either Party upon thirty (30) days' notice, in writing and delivered by certified mail or in person. i. State may terminate this Agreement effective upon delivery of written notice to Agency, or at such later date as may be established by State, under any of the following conditions: A. If Agency fails to provide services called for by this Agreement within the time specified herein or any extension thereof. B. If Agency fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement 27844 - 3- in accordance with its terms, and after receipt of written notice from State fails to correct such failures within ten (10) days or such longer period as State may authorize. ii. Either Party may terminate this Agreement effective upon delivery of written notice to the_ other Party. or at such later date as may be established by the terminating Party, under any of the following conditions: A, If either Party fails to receive funding. appropriations, limitations or other expenditure authority sufficient to allow either Party. in the exercise of their reasonable administrative discretion, to continue to make payments for performance of this Agreement. B. If federal or state laws, regulations or guidelines are rnodified or interpreted in such a way that either the work under this Agreement is prohibited or either Party is prohibited from paying for such work from the planned funding source. iii. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. m, State and Agency agree that if any term or provision of this Agreement is declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or in conflict with any law. the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid. 7, Agency acknowledges and agrees that State, the Oregon Secrelary of State's Office. the federal government, and their duly authorized representatives shall hav('l access to the books. documents, papers, and records of Agency which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts. and transcripts for a period of six (6) years after final payment. Copies of applicable records shall be made available upon request. Payment for costs of copies is reimbursable by State. 8. Agency certifies and represents that the individual(s) signing this Agreement has been authorized to enter into and execute this Agreement on behalf of Agency, under the direction or approval of its governing body. commission. board, officers. members or representatives. and to legally bind Agency. 9. This Agreement may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all Parties. notwithstanding that all Parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original. 27844 -4 - -, 10. This Agreement and attached exhibits constitute the entire agreement between the Parties on the subject matter hereof. There are no understandings. agreements. or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of tenms of this Agreement shall bind either Party unless in writing and signed by both Parties and all necessary approvals have been obtained. Such waiver, consent. modification or change, if made. shall be effective only in the specific instance and for the specific purpose given. The failure of State to enforce any provision of this Agreement shall not constitute a waiver by State of that or any other provision. THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing representatives have read this Agreement. understand it, and agree to be bound by its terms and conditions. The funding for this Fund Exchange program was approved by the Oregon Transportation Commission on September 22, 2010. as a part of the 2010-2013 Statewide Transportation Improvement Program (STIP). The Program and Funding Services Manager approved the Fund Exchange on June 6, 2011. 27844 - 5- City of Ashland. by and through By Date By Date APPROVED As TO LEGAL SUFFICIENCY By Counsel Date Agency Contact: Karl Johnson Assistant Engineer 20 East Main Street Ashland, OR 97520 541.488.?347 joh nsonk@ashland.or.us State Contact: Alexandra Krull Region 3 Fund Exchange Coordinator 3500 NW Stewart Parkway Roseburg. OR 97470 541.957.3635 allie.krull@odol.state.or.us 27844 STATE OF OREGON, by and through its Department of Transportation By Region 3 Manager Date APPROVAL RECOMMENDED By Region 3 Fund Exchange Coordinator Date By Date APPROVED AS TO LEGAL SUFFICIENCY By Assistant Attorney General Date - 6- CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Approval of an Amendment to the Engineering Services Contract with Hardey Engineering, Inc Primary Staff Contact: E-Mail: Secondary Contact: Estimated Time: June21,2011 Public Works Finance Martha Benn James Olson Olsoni@ashland,or,us Morgan Wayman Consent Question: Will the Council approve a $5418 amendment to the existing contract with Hardey Engineering, Inc for the design of the Ashland Creek Sewer Rehabilitation project? Staff Recommendation: Staff recommends approval ofa $5418 amendment to the existing contract with Hardey Engineering, Inc for the design of the Ashland Creek Sewer Rehabilitation project. Background: This proposed contract amendment is required to design the re-construction of a 300 foot section of the Million Trunk sewer located within the Vogel Park proper. The sewer, which intersects the Ashland Creek sewer, must be relocated approximately 25 feet down grade to provide an enhanced flow gradient. This work will require an engineered creek crossing and retaining walls. This amendment is the second change to the contract and the combination of the two amendments constitutes a 27.7 percent increase over the original contract amount of$35,750.00. The local contract review board (City Council) is required to approve contract changes in excess of25 percent of the original contract. The existing Ashland Creek Sanitary Sewer was constructed in 1905. This 2 I inch clay pipeline was constructed parallel to the west bank of Ashland Creek and extends from Hersey Street northerly approximately 1,700 feet. Much of the easement for this pipeline was granted by Abel Helman, one of Ashland's original pioneers. This project offers a number of challenges which will require close cooperation between the City, the adjacent property owners and other regulatory agencies. One of the most difficult obstacles is the lack of access along the existing sewer line. Because of the age of the sewer line, numerous large trees have grown up along and in some cases over the sewer line. The sewer line crosses through the backyards of 15 different properties, most of which have established impressively landscaped yards over and along the sewer line. It is not possible to get a maintenance vehicle into many of the manholes along the sewer line and it is even difficult to walk along the entire course of the easement. The close proximity to Ashland Creek adds additional difficulty to refurbishing this old sewer line. An option to reconstruct the sewer using conventional methods of construction was briefly considered, but discarded due to the large scale disruption to landscaped areas, large numbers of tree removals and Page I of3 ~~, CITY OF ASHLAND possible negative impacts to Ashland Creek. Hardey Engineering was charged with researching alternative, trenchless methods ofreconstruction and recommending a viable solution which would meet the City's needs to limit disturbance along the area. The options considered included: I. Relocating the pipeline within existing street rights-of-way; 2. Sliplining the existing pipe to providk additional structural strength; 3. Pipe bursting to increase the size of the pipe; 4. Insituform Cured-In-Place-Pipe (CIPP). Option # I was discarded due to the necessity of installing two major pump stations plus the need to continually operate a pipeline in a similar location to receive the gravity sewer flow from the 15 residences along Helman Street. Option #2, sliplining, is a method of pulling a flexible HDPE pipeliner through the old pipeline. This process provides additional structural strength, but decreases the size of the pipe. It also requires that numerous "pull pits" be dug to accommodate the process. This option was discarded due to the excavation needed and the decrease in pipe size. Option #3, pipe bursting, is the process of internally enlarging the pipe by fracturing the old pipe while pulling a new pipe into place. This process will basically construct a new pipeline within the area of the old pipe. Unfortunately this process again requires multiple dig-ups and the cover over the pipe is not sufficient to effectively conduct that operation. This option was also discarded. The engineering staff, along with engineers from Hardey Engineering, has determined that a pipe rehabilitation technique referred to as "Insituform Cured In Place Pipe" (Option #4) offers the best alternative to standard open trench construction. It is a jointless, seamless pipe liner that is forced into the existing pipe using air or water. The liner is then cured in place using steam or hot water forming a strong water tight lining within the old pipe, The advantages of using the "Insituform CIPP" include: . minimal disruption to the area . increase in the capacity of the existing sewer without increasing pipe size . complete elimination of pipe joints where leaks often occur . restoration of the structural integrity of the old pipe. The pipe lining is inserted within existing manholes so digging is not necessary, which allows for a quicker rehabilitation with less inconvenience to property owners and less effects on sensitive areas along the creek. Required Extra Work: As the design phase of the project commenced, two additional elements of the work which were not in the original specified scope of services, soon became apparent. Amendment No,l The original 1905 easement upon which the sewer line was constructed has become largely unusable do to encroachments of trees, accessory buildings and landscaping. Rather than disrupt large areas of landscaping, it was elected to acquire access easements over more accessible areas where men and equipment could reach the sewer manholes. The cost of surveying and describing these easements was $3950 which was authorized under contract amendment No. I, Page 2 on r~' CITY OF ASHLAND Amendment No.2 The reconstruction of a portion of the Million trunk sewer became apparent when it was discovered that the flowline of the Ashland Creek Sewer, which receives the flow of the Million Sewer, was actually several inches higher than the Million Sewer causing a siltation problem. It was necessary to relocate the intersection point of the two sewer lines approximately 25 down-gradient so that the flow lines of the two sewers would match. The cost of this additional work is $5418. Related City Policies: Under AMC section 2,50,090 and OAR 137-047-0270 all contract amendments in excess of25 percent of the original contract amount must be approved by the Council acting as the Local Contract Review board. Council Options: . -The Council, acting as the local contract review board, may elect to approve a $5418 amendment to the existing Hardey Engineering, Inc contract. . The Council may decline to approve this amendment. Potential Motions: . Move to approve a $5418 amendment to the existing contract with Hardey Engineering, Inc. . Move to deny the amendment to the existing contract with Hardey Engineering, Inc. Attachments: . Vicinity Map . Contract Amendment No.2 Page) of3 ~.t. 1 I . .J \~ r-' 7 ~. /. l()W/.;)~ ~~o . .J0, ~ ~ ~~~ I ff"/1If. -..1""-'-1 ~ __~. /Tv. I (t; 0 Y......, IM<1OrnM. 7.. -. - . L. FI -Pi A~:jLnl 'L I . . 1 -<-I/rll. t ..$." M o 1~7-OZ F- --It I '", ~ y~V L L- .. ..{ 9--1 ~/ -1'1 (tf o = 7-"" I' ~~~~.}~ "i__/, /, T I,J .. ......"'" \ . It. Y.~ : .1_. 10" > P \) ( ~T/ I I J/ I' JI.tb ':: . . . J.lJlX fiR' J . I( ~. fi't 7.. c I -J.// C11 r:-l ,,(.- 4if~ .}--~" "" ";1)Lf-tf; ~'"JL / ~," :/7'1ll -7 ,,' ' ~ "11 r( r-- .. '" i~i Jllr ;rz c-", '- /lv ''''--.JJ:J"-jll rml' tcht .) , ~ "'1TI~ ~. ~ ~"::f. KA)..,. 'ILL ~ /)'~ /7;t'''"' ~iY1~'" ~ 71i"'-:. . W f...{ '7 '\ ~ ~ tf------- .~ - ' V)U ';');"'-." ~~~ j '/ _W-, ,Vl..<:: V r 'C -.. "-' C; .'~ ,~ l -/ ,SlCl ' .0':/ · .!I ,h C, ~ "'-?" z-..;;,;;( '. -L f--1 . ~ ,~~ (--v-r fj0~)1 ~ ,r~1 T :: I f"\ ::.: Z 1-100 ZO Z <:> ;J..... '" ~ ~~~ OA"~ ::.:t:S "--l..,< UJ-lO >-..J~ ~~~ ... ..,.. ~ U:r: 0 _....._ OUJZ U,^:5 Zo::-; \lJU <0::0 ....r;> sJ ~ g: "l-< I <I) UJ . <<I) ~~<. ~!o' ':l:2~~ ah' ~~.~ vidl, "' - "- .l! ci 8 .. N . "1 ~ 0 o E . <5 ~ ci J i ~nd 101 10 ~ ENGINEERING SERVICES CONTRACT AMENDMENT NO.2 Engineering services contract made on the date specified below in Recital A between the City and Engineer as follows: Recitals: A. The following information applies to this contract: CITY: CITY OF ASHLAND ENGINEER: Hardey Engineering & Assoc., City Hall Inc. 20 E. Main St. Address: PO Box 1625 Ashland, Oregon 97520 Medford, OR 97501 (541) 488-5347 FAX: (541) 488-6006 Telephone: Fax: Date of this agreement: June 13, 2011 B: RFP Date: Proposal Date: Seotember 2, 2008 1]2.3 City Contracting Officer: Michael R. Faught, Director of Public Works 1]24- Project: Ashland Creek Trunk Sewer Rehabilitation Project #2007-06 1]6.1. Engineer's Representative: James E. Higday, President ~ , 1]8.3. Original Contract Amount: $33,750.00 1]8.4. Previous Contract Ammendments: $3,950.00 B. AMENDMENT NO.2 1. Modification to "Services to be provided" Add services per attached proposal and cost estimate dated June 9, 2011 and made a part of this amendment. 2. Modification to "Compensation A. Add cost of extra work = $5,418.00 B. Adjusted total contract amount = $43,118.00 (27.7% increase) CONSULTANT CITY BY BY City Department Head Fed. ID # DATE: Coding: (for City use only) G:\pub-wrks\en9\07~16 Ashland Creek Trunk Sewer Reconstruct\A_Admin\07-16 Hardey Contract Amend 6 13 11.doc I-ell . -E;N~'NEER'R.'~"ic.n'h HARDEY ENGINEERING & ASSOCIATES, INO Y~'!!:~,7:"""~fo!yufq1VCr~.!t.9~~~~'':'"~~..>l:~tf~!t~~~~~..nr~~~~"!:''~~'':'~~~~!l!~!'E:;?~'E'.~1~~?:~~~~~tt!~~...r'{~~~ June 9, 2011 James H. Olson Interim Public Works DIrector Crty of Ashland 20 East Main Street As~land, Oregon 97520 P~one: 541.552.2412 Fa., S41.488.6006 SubJett: ASHlAND CREEK SEWER EXTRA WORK PROPOSED SCOPE OF WORK: We at Hardey Ensineering would like to thank you for the opportunity to submit this Proposal for services. The scope of work as we see it at this time is to provide Civil Engineering and Survey Services for the above mentioned projects. The work Is more specificallv as follows. Item 1- Surveying Field Work $ 1,840 Two man field crew topa area, locate existing sanitary sewer manholes, dip inverts of existing manholes. Office time to download and pull data Into a topa map format. Go bad out to tieMin large trees if needed. Item 2 - Preliminary Civil Design $ 1,230 Review survey data, meck e)(istlng sanitary sewer slopes to determine If a new sewer slopes to determine if a new sewer alignment Is feasible. Run cost numbers and check slopes to see If separate transmission sewer line on east side of Ashland CreekJ on Oty property is feasible. Item 3 - CJvfl Design $ 1,848 Prepare plan and profile of new sewer alignment east of Ashland Creek. Design new alignment around existing large tree, pipe existing Irrigation ditch. Design new creek crossing over or under Ashland Creek. Coordinate with Agencies. Item 4 - Sub-Contractor, Structural Solutions Design of one retaining wall at Couchman property. $ 500 Total $ S,418 The above mentioned work will be performed on a for S 5.418 in accordance with our current billing rates and Standard Contract Provisions which are normally associated with a project of this nature and does not Include any fees for permit applications, filing, etc. that may be required by government agencies as part of the approval of the construction process. If we anticipate our fees to exceed the estimate, we will notify you with an explanation as to Why the excess is anticipated. We will not exceed the budgeted amount without your prior approval. Pace20f2 Ash~al1d C:>!~k. Se\'ler ;;X,r<I Wori: JunJ9, :;:011 If this proposal meets with your approval. please have an authorized representative or owner sign, date and return one copy to this office. By signing, botl1 Hardey Engineering & Associates, and tI1e owner will be bound 10 the other party 10 this agreement and to the partners, successors, executors, administrators and legal representatives of such other party In respect of all covenants, agreements and obligations of this agreement. We will proceed with work upon receipt of the signed Contract for Services. Thank you for the opportunity to submit this Proposal for Services. project. If you have any questions, please do not hesitate to call. We are looking forward to the opportunity to serve you on this Owner/President ACCEPTED HARDEY ENGINEERING & ASSOCIATES, INC. By: 7~'~ ~ CITY OF ASHLAND By: Authorized Signature TrUe: Owner/President TIlle: Date 6- CJ- II Date: WARRANTY OF AlITHORf1AllON - The person signing this authorization, accepting this proposal, warrants he/she hn authority as, or on behalf of. the CHent, Owner, Partnership, or Corporation for whom or tot whose benefit Hardey Engineering & Assowtes, loc. WouJd render service. Said person Ilgrees that he/she Is pcr:sonally liable for all breaches of the agreement and that in any action agalnit him/her for breach of such warranty, a r'@asonable attorney's fee shall be included In any judgment rendered. -~-~ CITY OF ASHLAND Council Communication Appointment to Ashland Community Healthcare Services Board of Directors Meeting Date: June 21, 2011 Primary Staff Contact: Barbara Christensen Department: City Recorder E-Mail: christeb@ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Martha Bennet Estimated Time: Consent Question: Should the City Council approve the reappointments of Linda Butler and Doug Gentry and new appointment of Alan DeBoer, as recommended, to the Board of Directors for the Ashland Community Hospital? ;iJtJo ~1J/;d; Staff Recommendation: None. Background: Ashland Community Healthcare Services Articles ofIncorporation Article VlII (B) gives the authority and responsibility to the City of Ashland (Member) to appoint the Corporation's Directors based on the criteria set forth in Articles IX. The Bylaws of Ashland Community Healthcare Services Section 4.4 state that the Board shall consider potential candidates and forward such recommendations to the Member for its consideration when appointing persons to fill vacancies on the Board of Directors, The Council approved the request by Ashland Community Hospital to amend the Articles of Incorporation for the Ashland Community Healthcare Services to permit a full 12 directors plus retain the past Chair of the Board for an additional year on the Board of Directors. Related City Policies: City Charter Article 10, Ordinance adoption Council Options: , Approve or disapprove Ashland Community Healthcare Services recommended appointments. Potential Motions: Motion to approve recommended 4-year appointments with terms beginning July 1,2011 and ending June 30, 2015 of Alan DeBoer, Linda Butler and Doug Gentry. Attachments: Letter of Recommendation Page I of I ~~, ACH Ashland Community Hospital June 1, 2011 Ashland City Council c/o Barbara Christensen 20 E. Main Ashland, OR 97520 Dear Ms, Christensen, At the June 1, 2011 meeting of the Board of Directors of Ashland Community Hospital, the Board approved and recommends to the City the appointment of Dr. Saundra Theis. Her appointment is for the term July 1, 2011 through June 30, 2015. ' Sincerely, l-/lvAJ4;vV~ Mark E. Marchetti President/Chief Executive Officer Cc: Martha Bennett, City Administrator 280 Maple Street, Ashland, Oregon 97520 www.ashlandhuspital.org Tel: 541.201.4000. Fax: 541.488.7411 ::. /I,shiand Co'wnunitv Hospital , May 25. 2011 Ashland City Council c/o Barbara Christensen 20 E. Main Ashland, OR 97520 Dear Ms. Christensen, At the May 24th, 2011 meeting of the Board of Directors of Ashland Community Hospital, the Board approved and recommends to the City the appointment and reappointment of the following individuals: New Appointment: Alan DeBoer Reappointment Linda Butler Doug Gentry These appointments are for the term July 1, 2011 through June 30, 2015. Sincerely, J~~~tL Mark E. Marchetti . PresidenVChief Executive Officer Cc: Martha Bennett, City Administrator 22':: ~\.-:;';: .. ',to '::. _./;; "; .:>~,_,;:!,)7~,:':C -r,',-:. ::~,.:<: ':;:'(;~,. .,); Gr,.l Tei. S.: '.2.:,'n:.: . c:::--: ~.oi; .\::2 :'.;.: CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Liquor License Application June 21,20] ] Primary Staff Contact: City Recorder E-Mail: None Secondary Contact: Martha Benne Estimated Time: Barbara Christensen christeb@ashland.or.us None Consent Question: Does the Council wish to approve a Liquor License Application from Kelly Hay dba Key ofC Coffeehouse & Bakery at] 16 Lithia Way? Staff Recommendation: Endorse the application with the following: The city has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The city council recommends that the OLCC proceed with the processing of this application. Background: Application is for a new license. The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32). Related City Policies: ]n May 1999, the council decided it would make the above recommendations on all liquor license applications. Council Options: Approve or disapprove Liquor License application. Potential Motions: Approve or disapprove Liquor License application. Attachments: None Page 1 of I ~~, CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dep!.: Approval: Liquor License Application June 21, 2011 Primary Staff Contact: City Recorder E-Mail: None Secondary Contact: Martha Bennett Estimated Time: Barbara Christensen christebial,ash I and. or. tis None Consent Question: Does the Council wish to approve a Liquor License Application from Paul Newcombe dba Ashland Shell at 2495 Ashland Street? Staff Recommendation: Endorse the application with the following: The city has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable, The city council recommends that the GLCC proceed with the processing of this application. Background: Application is for a change of ownership license. The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32). Related City Policies: In'May 1999, the council decided it would make the above recommendations on all liquor license applications. Council Options: Approve or disapprove Liquor License application. Potential Motions: Approve or disapprove Liquor License application. Attachments: None Page ] of 1 ~~, CITY OF ASHLAND Council Communication Approval of Multiple Contract Awards for WTP & WWTP Chemicals Meeting Date: June 21, 2011 Primary Staff Contact: Mike Faught Department: Public Works E-Mail: faughtm@ashland.oLus Secondary Dept.: WTP & WWTP Secondary Contact: Greg Hunter, David Gies Approval: Martha Benne Estimated Time: Consent Statement: Will the Council, acting as the Local Contract Review Board, approve the multiple contract awards for Water Treatment Plant (WTP) and the Wastewater Treatment Plant (WWTP) Chemicals for a term of one (1) year beginning July I, 20 II and expiring on June 30, 20] 2? Staff Recommendation: Staff recommends that the public contracts be awarded to the lowest responsive and responsible bidders as listed below. Background: The sourcing method for this multiple contract award is a Competitive Sealed Bid (Invitation to Bid), and the detailed bid tab is attached for your review. The City received five (5) bids in response to the ITB and the lowest responsive and responsible bidders are as follows: WTP - Chemical #1 Supplier Bid Amount Cost Estimate Sodium Hypochlorite 12.5% Brenntag Pacific Inc. $1.35/Gal $37,807.00 WTP - Chemical #2 Cytec Superfloc C-573 Flocculant Univar USA Inc. $1.2711Lb $23,733.00 WTP - Chemical #3 Cytec Superfloc N-300 LMW Flocculant Univar USA Inc. $2.70/Lb $3,951.44 WTP - Chemical #4 Soda Ash, Dense, Free Flowing Brenntag Pacific Inc. $0.209fLb $34,270.50 WWTP - Chemical #5 Sodium Hypochlorite 12.5% Brenntag Pacific Inc. $1.35fGal $4,092.00 WWTP - Chemical #6 Citric Acid Brenntag Pacific Inc. $1.149fLb $4,995.70 WWTP - Chemical #7 Aluminum Sulfate Cascade Columbia $0.12IfLb $75,563.60 Total $] 84,413.24 Page 1 of2 ~~, CITY OF ASHLAND Related City Policies: Section 2.50.090 Exemptions from Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A - 279C and the Model Rules except for the following: Section 2.50.080 Formal Processes - Competitive Sealed Bidding and Proposals Except as otherwise expressly provided herein, in addition to the requirements of the Model Rules and the Oregon Public Contracting Code: C. The Local Contract Review Board shall approve the award of all contracts for which the Ashland Municipal Code or the Oregon Public Contracting Code require fonnal competitive solicitations or fonnal competitive bids. Council Options: The Council, acting as the Local Contract Review Board, can approve (or decline) the multiple contract awards. Potential Motions: The Council, acting as the Local Contract Review Board, moves to approve (or decline) the multiple contract awards. Attachments: ITB 2011-102 WTP & WWTP Chemicals - Bid Tab r Page 2 of2 ~~, INVITATION TO BID 201 l-lOl, WTP & WWTP CHEMICAL May31,2011 CHEMICAL BRENNTAG CASCADE NORTH STAR SIERRA UNIV AR COLUMBIA CHEMICAL CHEMICAL Hasa Hasa WTP- Hasa $ 1.59/Gal $ 1.7 I 75fGal CHEMICAL #1: $1.35fGal Tote deposit $700.00 - Deposit SODIUM Delivery charge waived unless on Tote (Paid HYPOGlLORlTE $27 .50 per damaged by the No Bid No Bid oncefCredit 12.5% memos issued) (6) Totesfl2 times order City ($200) $95.00 -Delivery No Tote *$25.00 Energy charge is charged per year Deposit surcharge per once, per each Required . mVOlce deli very WTP- $1.33/Lb $1.271fLb CHEMICAL #2: Deli very charge Minimum (4) CYTEC $27 .50 per drums per order SUPER FLOC C- order $1.42fLb Delivery charge 573 Cost per order: *$25.00 Energy No Bid No Bid $95.00 per order FLOCCULANT - (4) 500Lb surcharge per Cost per order: No Substitution Drums, $665.00 inVOICe (4) 500Lb Drums, (4) DrumslE very 6 per drum, plus $635.50 per drum, weeks on average. $27.50 = plus $95.00 = (9 orders) $2,687.50 $2,637.00 WTP- $2.70fLb CHEMICAL #3: $3.llfLb Delivery charge CYTEC *$25.00 Energy $95.00 per order SUPERFLOCN- surcharge per Minimum (6) bags 300 LMW inVOICe (one pallet) per FLOCCU LANT - No Bid Cost per order: No Bid No Bid order No Substitution (6) 55.12Lb Bags, Cost per order: (6) (6) BagsfEvery 12 $171.42 per bag, 55.12Lb Bags, plus $25.00 = $148.81 per bag, weeks on average $1,053.52 plus $95.00 ~ (4 orders) $987.86 Univar/FMC FMC Solvay FMC $0. I 955fLb WTP- $0.209/Lb $0.265fLb $0. I 85/Lb Delivery charge CHEMICAL #4: Delivery charge *$25.00 Energy Cost per order $350.00 per order SODA ASH, $27.50 per surcharge per (Changed per Minimum 4 DENSE, FREE order mVOlce bidder to 864 pallets (216 bags) FLOWING Cost per order: Cost per order: No Bid Bagsl16 per order Or Equivalent (54BgsfPallet) (49BgslPallet) Pallets) Cost per order: 50Lb Bags, (4) 50Lb Bags, (4) Cost per order (54BgsfPallet) (216) BagslEvery Pallets, Pallets, $7,992.00 50Lb Bags, (4) 3-4 weeks on average (15 orders) $2,257.20, plus $2,597.00, plus Delivery Pallets, $27.50 = $25.00 = Charge $2, III AO, plus $2,284.70 $2,622.00 $2,100.00 $350,00 = $2,461.40 ITS 2011-101 WTP & WWTP CHEMICALS, PAGE t OF 2, 05/31/2011 INVITATION TO BID 201 ]-101, WTP & WWTP CHEMICAL May 3 I , 20 I ] , CHEMICAL BRENNTAG CASCADE NORTHST AR SIERRA UNIV AR COLUMBIA CHEMICAL CHEMICAL Hasa WWTP- Hasa $ 1.7 I 75fGal CHEMICAL #5: $1.35fGal Hasa $700.00 - Deposit SODIUM Delivery charge $1.59fGal on Tote (Paid HYPOGJLORITE $27.50 per *$25.00 Energy No Bid NoBid once/Credit 12.5% order surcharge per memos issued) No Tote $95.00 -Delivery (3) Totesf3 Times Deposit mVOlce charge is charged per year Req ui red once, per each delivery Univar/RZBC RZBC 18L 18L $1.1 35/Lb $ 1.1 49fLb $1.25fLb $1. I 9fLb Delivery charge WWTP- Delivery charge *$25.00 Energy Delivery $95.00 per order CHEMICAL #6: $27.50 per surcharge per included Minimum I pallet CITRlC ACID order InVOice Cost per order: NoBid (43 bags) per Or Equivalent Cost per order: Cost per order: order (43) BagsITwo (2) 43 Bagsll Pallet 40 Bagsfl Pallet 40 Bagsll Pallet Cost per order: times per year $2,470.35, plus $2,500.00, plus $2,380.00 43 Bagsfl Pallet $27.50 = $25.00 ~ (Delivery $2,440.25, plus $2,497.85 $2,525.00 included) $95.00 = $2,535.25 WWTP- CHEMICAL #7: ALUMINUM SULFATE $0, I 21!Lb Cascade Columbia NoBid *$25.00 Energy No Bid No Substitution surcharge per (4,000) Gal/Every invoice 2 weeks/May- November Declined to bid: Sterling Water Technologies Polydyne Olin Corporation ~1;. . . ITS 2011-101 WTP & WWTP CHEMICALS, PAGE 2 OF 2, 05f31f2011 CITY OF ASHLAND Council Communication Approval o(IBEW ClericaIffechnical Union Contract Re-Opener on Wages and voluntary employees' beneficiary association Health Reimbursement Arrangement (HRA-VEBA) Contributions June 21, 2011 Primary Staff Contact: Administration E-Mail: None Secondary Contact: Martha Benn Estimated Time: Meeting Date: Department: Secondary Dept.: Approval: Tina Gray grayt@ashland.or.us Martha Bennett Consent Question: Does the Council wish to approve the tentative agreement for a labor contract re-opener that staff has reached with the lBEW Clerical/Technical Union? Staff Recommendation: Staff is recommending that the City Council approve the agreement reached between the City and the lBEW ClericallTechnical Union. The agreement calls for the City to implement Classification and Compensation Recommendations from the study conducted by CPS Human Resource Services in 2009-20 I O. Implementing the study recommendations for this bargaining group will result in job classification re-alignment based on professional assessment of job duties and responsibilities. Salary recommendations result in salary increases for 25 of the 36 employees in the union, The remaining II employees will not receive a wage adjustment because the study revealed their job class was being compensated above the market base used in the study. Those positions will remain frozen until the market catches up. Additionally, the agreement reached calls for an increase in the City's contribution to employee HRA- VEBA accounts from I % to 2% of salary which is in alignment with other bargaining groups of the City. HRA-VEBA is a tax-saving way for the City to provide a significant benefit to employees that they can use tax-free to cover out-of-pocket medical expenses now or into the future. Background: The City is in the third and final year of our labor agreement with the lBEW Clerical/Technical Union. Employees in this bargaining unit have not received any wage increases during this contract period, and they have agreed to benefit adjustments which reduced the City's overall benefit costs for the upcoming Fiscal Year. Our contract calls for a re-opener restricted to wages and HRA-VEBA contributions July 2011, and the Union engaged the City in negotiations per contract requirements. Staff was able to reach a tentative agreement with the lBEW Clerical Technical Union on are-opener which implements the Classification and Compensation Study recommendations from the 2009-10 study conducted by CPS Human Resource Services. The agreement also increases the City's contribution to the voluntary employees' beneficiary association Health Reimbursement Arrangement (HRA- VEBA) from I % to 2% of salary for each member of the bargaining unit. Page I of2 r.ll CITY OF ASHLAND The City is also in the 3'd and final year with both public safety bargaining units, and based on contract language, they will receive an additional percent of salary as a HRA- VEBA contribution, and approximately a 3% increase in wages which was included in the FY 12 budget. Though the Public Safety units were not included in the Classification and Compensation Study, they do have a bearing on internal equity and compression within the organization. Fiscal Impact: Implementation of the Agreement as proposed would have a total FY impact of $21 ,979, The City did not budget for salary increases, so we are expecting to absorb these personal service expenses into the adopted budget for the fiscal year. This dollar amount is less than staff originally anticipated due to turnover in two positions. Other Council Policy: None. Council Options: Option #1 - The City Council could approve the contract Re-opener on Wages and HRA- VEBA contributions as presented and direct staff to implement. Option #2 - The City Council could direct staff to return to the bargaining table with a different negotiation strategy, Potential Motions: Move to adopt Option # I authorizing staff to ratify the agreement reached between the City and the IBEW Clerical/Technical Union and implement the classification and compensation study recommendations and increase the HRA- VEBA contribution from I % to 2% of salary for the bargaining unit. Attachments: . IBEW ClericallTechnical Contract . Proposed Salary Schedule. Page 2 of2 ~~, AGREEMENT BETWEEN THE CITY OF ASHLAND, OREGON and LOCAL UNION NO. 659 INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS (CLERICAL/TECHNICAL) Effective July 1, 2009 - June 30, 2012 Table of Contents PREAMBLE....... ........... ............... ...................... ................................ 1 SCOPE OF AGREEMENT ......,.............................................................1 ARTICLE I: RECOGNITION ............................................................... 1 ARTICLE II: UNION SECURITY AND CHECK-OFF............................... 2 Section 1. Union Security. ...........................................................2 Section 2. Check-Off. .................. ..........................,.. .....,............ 2 Section 3. Indemnification........................... ......,..........., ..........,.. 2 ARTICLE III: MANAGEMENT RIGHTS................................................ 3 ARTICLE IV: STRIKE AND LOCKOUT PROHIBITION ..........................3 Section 1......................... ......................................................... 3 Section 2, ................ ........ ................. ...............,...,.................... 3 Section 3. .................. ...... ....................................,.................... 4 ARTICLE V: HOLIDAyS..................................................................... 4 Section 1. Recognized Holidays.................................................... 4 Section 2. Holiday Pay................................................................ 4 Section 3. Floating Holiday........... ......... ................. ........... .......... 4 ARTICLE VI: VACATIONS .................................................................5 Section 1. Eligibility.... .... ........ ... .... .... .....,........... ..... .....,. ,... ........ 5 Section 1.1 .......................................................... .......,... .......... 5 Section 1.2 .,.,.....,............................. ...............,.,...................... 5 Section 1.3 .,.,.......,.......... ..... ...... ........... ................................... 5 Section 1.4 ...,.......,........ ....................................,.... ..... ............. 5 Section 1.5 .............. ........... ...................... .......... ................ ...... 5 Section 2. Continuous Service...................................................... 5 Section 3. Accrual Limitations...................................................... 5 Section 4. Scheduling .................................................................6 Section 5. Payment on Termination .............................................. 6 ARTICLE VII: HOURS OF WORK AND OVERTIME ..............................6 Section 1. Hours of Work ............................................................ 6 Section 2. Work Schedules.......................................................... 7 Section 3. Rest Periods ...............................................................7 Section 4. Meal Periods............................................................... 7 Section 5. Overtime Rates........................................................... 7 Section 6. Compensatory Time .................................................... 7 , ARTICLE VIII: SICK LEAVE .............................................................. 7 Section 1. Purpose................ ..............,............... ...........,.. ......,.. 7 Section 2. Accumulation...................................,.......................... 7 Section 3. Utilization......... ..... .......... ............. ......... ....................8 Section 4. Integration with Worker's Compensation ........................ 8 , Section 5. Sick Leave Without Pay................................................ 8 Section 6. Termination.,...,.,.,.....................,.............................,.. 8 Section 7. Payment for Unused Sick Leave.................................................8 ARTICLE IX: OTHER LEAVES OF ABSENCE ........................................ 9 Section 1. Leaves of Absence Without Pay.................................... 9 Section 2. Jury Duty................................................................... 9 Section 3. Appearances ..............................................................9 Section 4. Required Court Appearances......................................... 9 Section 5. Election Day............................................................... 9 Section 6. Union Business ........................................................... 9 Section 7. Educational Leave ...................................................... 10 Section 8. Funeral Leave........................................................... 10 Section 9. Failure to Return From Leave...................................... 10 ARTICLE X: COMPENSATION.,.,............................,......................... 10 Section 1. Wage Schedule.................... ...... .............. ................. 10 Section 2. Overtime .................................................................. 11 Section 3. Call-back Time.......................................................... 11 Section 4. Pay Periods .......................................... ......... ........... 11 Section 5. Mileage..... ........... ........ ..................... .......... ............. 12 Section 6. Special Project Assignments ....................................... 12 Section 7. Certification Pay........................................................ 12 ARTICLE XI: DISCIPLINE AND DISCHARGE.................................... 12 Section 1. Discipline ................................................................. 12 Section 2........ ...............................,................ ........... ............. 13 Section 3...... ....................... .....,.....,.......... ...... ........................ 13 Section 4.......................... ....................,.................... ............. 13 ii Section 5... ...... ...... ........ ...................... ..... .........,.,.... .............. 13 Section 6... .................... ....................................... ..... ...,......... 13 ARTICLE XII: SETTLEMENT OF DISPUTES ...................................... 13 Section 1. Grievance and Arbitration Procedure .........:.................. 13 STEP I.... .... .......................................... ..........................,......, 13 STEP II. .......... ..............,................. ...... ........,....,..,.,............... 14 STEP III. ........ ...... .....................................................,." ......... 14 STEP IV. ................ ...... .............. ........ .................... ........... ...... 14 Section 2. Stewards .................................. ............ .......... ......... 14 ARTICLE XIII: SENIORITY ...................................................,......... 15 Section 1. Seniority..... ....................,.....................,......,........... 15 Section 2, Suspension of Seniority.............................................. 15 Section 3. Termination of Seniority............................................. 16 Section 4. Probationary Period ................................................... 16 Section 5. Promotional Probationary Period.................................. 16 Section 6. Layoff and Recall....................................................... 16 Section 7. Training Opportunities ...............................................17 Section 8. Job Announcements .................................................. 17 Section 9. Regular Employee ............ ................. ................ .....:.. 17 Section 10 ....... ........ ...... ................................................... ...... 17 Section 11. Regular Part-Time Employee Benefits......................... 17 Section 12. Part-Time and Temporary Employee Compensation and Probationary Period............................................................ 17 ARTICLE XIV: GENERAL PROVISIONS............................................ 17 Section 1. No Discrimination...................................................... 17 Section 2. Bulletin Boards ......................................................... 18 Section 3. Visits by Union Representatives................................... 18 Section 4. Solicitation............... ............ ....,. ......... .......,., ....... .... 18 Section 5. Existing Conditions.................................................... 18 Section 6. Other.Employment.................................................... 18 Section 7. Supervisory Employees.............................................. 18 Section 8. Uniforms, Protective Clothing and Devices .................... 19 ARTICLE XV: CLASSIFICATIONS - WORK RULES - SAFETy............. 19 Section 1. Classifications and Descriptions................................... 19 iii Section 2. Safety Rules.......................... .............. ..................... 19 ARTICLE XVI: HEALTH,WELFARE AND RETIREMENT....................... 19 Section 1. Health and Welfare.................................................... 19 Section 2. Insurance Committee ................................................20 Section 3. Retirement..... ............................. ............................. 20 Section 4. Medical Coverage for Retirees..................................... 21 Section 5. Deferred Compensation ............................................. 21 Section 6. HRA-VEBA Contribution.....................,....,...............,.................. .21 Section 7. P,E.R.S. Initial Six Month Waiting Period ...................... 21 ARTICLE XVII: WORKER'S COMPENSATION .........................:.....,...21 Section 1. Workers' Compensation ............................................. 21 Section 2. Supplementary Payment ............................................21 ARTICLE XVIII: LIABILITY INSURANCE......................................... 22 ARTICLE XIX: SAVINGS CLAUSE AND FUNDING ............................. 22 Section 1. Savings Clause ......................................................... 22 Section 2. Funding ................................. ...... ........... ............ ..... 22 ARTICLE XX: TERMINATION & REOPENING ................................... 22 APPENDIX A,.,.................. ........... .............................:......,.....,....... 24 APPENDIX B: WAGE SCHEDULE ..................................................... 25 iv AGREEMENT BETWEEN THE CITY OF ASHLAND, OREGON and LOCAL UNION NO. 659 INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS (CLERICAL/TECHNICAL) PREAMBLE This Agreement made and entered into by the City of Ashland, Oregon, hereinafter referred to as the "City" and Local Union No. 659 of the International Brotherhood of Electrical Workers, hereinafter referred to as the "Union." Unless indicated otherwise, references to the "City" herein shall include the Mayor and City Councilor their designees(s) as the officials directly responsible for the operation of the departments covered by this Agreement. The purpose of this Agreement is to set forth the full and complete agreement between the parties on matters pertaining to rates of pay, hours of work and other conditions of employment. SCOPE OF AGREEMENT This agreement shall apply to all employees of the Technical/Clerical Bargaining Unit of Ashland, Oregon, as set forth in "Appendix A" but excluding confidential, supervisory, and temporary employees. Where the term "employee" is used, it shall mean regular employees or probationary employees within the bargaining unit, as the same are defined in Article XIII hereof. The parties agree as follows: ARTICLE I RECOGNITION The City recognizes the Union as the sole and exclusive bargaining agent for the purposes of establishing rates of pay, hours of work and other conditions of employm.ent for all employees within the bargaining unit described immediately above. 1 ARTICLE II UNION SECURITY AND CHECK-OFF Section 1. Union Security. All employees covered by this Agreement shall, as a condition of employment, commencing thirty (30) days after hiring or transfer into the Bargaining Unit, 1) become a member of the Union and maintain his/her membership in the Union in accordance with its Constitution and Bylaws, or 2) in the alternative, an employee must tender a registration fee to the Union in such an amount as the Union may prescribe (but in no event to exceed the initiation fee required by Union members), and shall tender, monthly an agency fee as established by the Union in an amount not to exceed the amount of the monthly dues and per capita fees required of "BA" members in his/her base wage rate. Any employee who is or who becomes a member of the Union shall, as a condition of employment, maintain his/her membership in the Union in accordance with its Constitution and Bylaws. Upon written request from the Union, the City shall, within twenty-one (21) calendar days, terminate the employment of any employee who fails to comply with the requirements of this Article. Section 2. Check-Off. The City will, during the term of this Agreement, deduct and remit monthly to the Financial Secretary of the Union the normal and usual dues uniformly required of its members or agency fees of any other employee as provided for in Section 1 and shall voluntarily authorize the City to do so, Such written authorization must be in lawful, mutually acceptable form and shall be forwarded to the City through the Business Manage~ of the Union. The Financial Secretary of the Union will keep the City currently advised of the monthly dues and agency fee to be deducted from the wages of each employee who shall have filed the required deduction authorization with the Union and the City. An employee may revoke his/her deduction authorization by written notice directed to the City and the Union by registered mail. Such revocation will be effective in the payroll month following receipt of the notice. Section 3. Indemnification. The Union agrees to indemnify and hold the City harmless against any and all claims, orders or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. 2 ARTICLE III MANAGEMENT RIGHTS The Union recognizes the prerogative of the City to operate and manage its affairs in all respects in accordance with its responsibilities, and the powers or authority which the City has not expressly abridged, delegated or modified by this Agreement are retained by the City. It is understood and agreed that the City possesses the sole and exclusive right to operate the City through its City Administrator and department heads and that all management rights repose in it, but such rights must be exercised consistent with the other provisions of this contract. These rights include but are not limited to the following: 1. To determine the mission of its constituent departments, commissions and boards. 2. To set standards of service. 3. To direct its employees. 4. To discipline or discharge for just cause. 5. To relieve its employees from duty because of lack of work, finances, or other legitimate reasons. 6. To maintain the efficiency of governmental operations. 7. To determine the methods, means and personnel by which government operations are to be conducted. 8. To determine the content of job classifications. 9. To take all necessary action to carry out its mission in emergencies, 10. To exercise complete control and discretion over its organization and the technology of performing its work. c ARTICLE IV STRIKE AND LOCKOUT PROHIBITION Section 1. The Union and its members,. as individuals or as a group, will not initiate, cause, permit or. participate or join in any strike, work stoppage, or slowdown, picketing, or any other restriction of work at any location in the City. Employees in the bargaining unit, while acting in the course of their employment, shall not honor any picket line established in the City unless such is sanctioned by the Southern Oregon Central Labor Council. Section 2. In the event of a strike, work stoppage, slowdown, picketing, observance of a picket line, or other restriction of work in any form, either on the basis of individual choice or collective employee conduct; the Union will immediately upon notification, attempt to secure an immediate and orderly return to work. This obligation and the obligations set forth in Section 1 above shall not be affected or limited by the subject matter involved in the dispute 3 giVing rise to the stoppage or by whether such subject matter is or is not subject to the grievance and arbitration provision of this Agreement. Disciplinary action, including discharge may be taken by the City against any employee or employees engaged in a violation of this Article. Such disciplinary action may be undertaken selectively at the option of the City and shall not preclude or restrict recourse to any other remedies, including an action for damages, which may be available to the City. Section 3. There will be no lockout of employees in the unit by the City as a consequence of any dispute arising during the period of this Agreement. ARTICLE V HOLIDAYS Section 1. Recoanized Holidays. The following shall be recognized as Holidays: New Year's Day (January 1) Martin Luther King Day (3rd Monday in January) Washington's Birthday (3rd Monday in February) Memorial Day (last Monday in May) Independence Day (4th of July) Labor Day (1st Monday in September) Veteran's Day (November 11) Thanksgiving Day (4th Thursday in November) Day after Thanksgiving (4th Friday in November) Christmas Day (December 25th) (Any day declared by the Governor, President or Mayor as a Holiday) Whenever a Holiday shall fall on Sunday, the succeeding Monday shall be observed as the Holiday. Whenever a Holiday shall fall on Saturday, the preceding Friday shall be observed as the Holiday. If an employee is on authorized vacation, sick leave, or other leave with pay when a Holiday occurs, such Holiday shall not be charged against such leave. Section 2. Holiday Pay. Regular employees shall receive eight (8) hours of pay for each of the Holidays listed above on which they perform no work. In order to be eligible for Holiday pay when no work is performed, an employee must work on his/her last scheduled work day immediately prior to a Holiday and on his/her first scheduled work day immediately following the Holiday, unless prior approval is granted, as in the case of illness or if the Holiday falls within a vacation period. Section 3. Floatina Holiday. A. Floating Holiday effective July 1, 1991, which for accounting purposes will be treated in the following manner: "8" 4 , hours added to the vacation accruals on July 1, 1991, and thereafter "2/3" of one hour and one day to be added to each subsection of Section 1. Elioibilitv. , Article VI. ARTICLE VI VACATIONS Section 1. Eliaibilitv. An employee shall be eligible to take accrued vacation leave with pay after six (6) full months of continuous service. Vacation leave shall accrue on a monthly basis, in accordance with the following schedule: Section 1.1 Employees with less than four (4) full years of continuous service shall accrue 8 hours of vacation leave for each calendar month of service (12 working days annualized). Section 1.2 Employees with more than four (4), but less than nine (9) full years of continuous service shall accrue 9 1/3 hours of vacation leave for each calendar month of service (14 working days annualized). Section 1.3 Employees with more than nine (9), but less than fourteen (14) full years of continuous service, shall accrue 12 hours of vacation leave for each calendar month of service (18 working days annualized). Section 1.4 Employees with more than fourteen (14) but less than nineteen (19) full years of continuous service shall accrue 14 hours of vacation leave for each calendar month of service (21 working days annualized). Section 1.5 Employees with more than 19 full years of continuous service shall accrue 15 1/3 hours of vacation credit for each calendar month of service (23 working days maximum). Section 2. Continuous Service. Continuous service for the purpose of accumulating vacation leave shall be based on regular hours paid to the employee. Time spent by the employee on authorized paid leaves shall be included as continuous service. Vacation leave shall not accrue during a leave of absence without pay. Authorized leave without pay and lay-offs shall not be counted as service, however, employees returning from such absences or layoff shall be entitled to credit for service prior to the leave or layoff. Section 3. Accrual Limitations. An employee will be allowed to accrue vacation up to, but not to exceed an amount equivalent to two times the amount that they accrue in a calendar year. .An employee who is about to lose vacation credit because of accrual limitations may, by notifying his/her supervisor 15 days in advance, request leave to prevent loss of vacation leave. If the City cannot grant leave due to staffing problems, the City may grant a 5 temporary allowance to accrue vacation in excess of the accrual cap of this subsection. Said temporary allowance may continue for no more than 180 days. No payment shall be made for vacation leave lost by an employee because of accrual limitations, unless the failure to take vacation is caused by the City's insistence that the employee be at work during a scheduled vacation period. Section 4. Schedulina. Vacation leave shall be scheduled by the City based on the head of the department's judgment as to the needs of efficient operations and the availability of vacation relief. Subject to the foregoing, employees shall have the right to determine vacation times. Vacation leave taken shall not be in excess of that actually accrued at the time it is taken. Vacation leave shall be selected on the basis of seniority; provided, however, such employee will be permitted to exercise his/her right of seniority only once annually. Employees shall exercise their choice by bidding in seniority. The list shall be closed as of December 31, and subsequent changes shall be made only by mutual consent of the parties. Section 5. Payment on Termination. In the event of the death or termination of a,n employee during the initial six (6) months of his/her employment, no payment in lieu of vacation shall be made. In the event of death or termination of employment after an employee has served for six (6) months, the employee shall be entitled to payment for accrued, but unpaid, vacation leave at the rate of the date of eligibility. In the event of death, earned but unused vacation leave shall be paid in the same manner as salary due the deceased employee is paid. ARTICLE VII HOURS OF WORK AND OVERTIME This Article is intended to be construed only as a basis for recognizing overtime, and shall not be construed as a guarantee of hours of work per day or per week. Section 1. Hours of Work. To the extent consistent with operating requirements of the City, eight (8) hours shall constitute a regular day's work, and five (5) consecutive days, normally beginning Monday and terminating Friday, shall constitute a week's work. However, an employee may be scheduled by the City for a workweek other than Monday through Friday, which shall become his/her regular workweek. By mutual agreement between an employee and supervisor, an alternate 40 hour per week work schedule can be established such as four (4) workdays often (10) hours. Section 2. Work Schedules. All employees, to the extent consistent with 6 operating requirements, shall be scheduled to work on a regular work shift, and each shift shall have regular starting and quitting times. Work schedules showing the employee's shifts, workdays and hours shall be posted on department bulletin boards. This section does not prevent an agreement between an employee and supervisor to a schedule with a different starting and ending time on different days of the week or month. Section 3. Rest Periods. A rest period of fifteen (15) minutes shall be permitted for all employees during each half shift, which shall be scheduled by the City in accordance with its determination as to the operating requirements and each employee's duties. Section 4. Meal Periods. To the extent consistent with operating requirements of the respective departments, a one-half (1/2) hour meal period shall be scheduled in the middle of the work shift which shall not be paid. Section 5. Overtime Rates.An employee shall be compensated at the rate of time and one-half (1-1/2) times the regular rate of pay for all work performed in excess of 40 hours in a workweek. For the purposes of this paragraph, holiday hours, vacation hours and sick leave hours shall count as work performed. Section 6. ComDensatorv Time. Overtime may be paid in the form of compensatory time off at the applicable rate, subject to the approval of the Department Head or designated supervisor. All overtime shall be recorded by the employee and must be approved by the Department Head or designated supervisor in advance. The employee must designate whether he/she desires payor compensatory time off on the time sheet reporting the overtime worked. Accrued compensatory time shall not exceed forty (40) hours at any time. Any time in. excess of forty (40) hours shall be compensated as pay. ARTICLE VIII SICK lEAVE Section 1. PurDose. Sick leave is provided for the sole purpose of providing financial security to employees and their families. Under no circumstances shall the City grant an employee sick leave with pay for time off from City employment caused by sickness or injury resulting from employment other than with the City of Ashland. Section 2. Accumulation. Sick leave shall be earned for the purposes stated herein by each eligible employee at the rate of eight (8) hours for each full calendar month of service. Sick leave may be accumulated to a total of nine hundred and sixty (960) hours and must be taken for the purposes specified in Section 3 hereof as a condition precedent to any sick leave payment. Sick leave shall not continue to accrue during authorized sick leave 7 or disability leave in excess of thirty (30) calendar days. Section 3. Utilization. Employees may utilize their allowance for sick leave when unable to perform their work duties by reason of illness or injury. In such event, the employee shall notify the department head or other supervisor of absence due to illness or injury, and the nature and expected length thereof, as soon as possible prior to the beginning of the scheduled regular work shift, unless unable to do so because of the serious nature of injury or illness. A physician's statement of the nature and identity of the illness, the need for the employee's absence and the estimated duration of the absence, may be required at the option of the City for absences of over two (2) days prior to payment of any sick leave benefits or prior to allowing the employee to return to work. A physician's statement may be required as a prerequisite to payment of sick leave for less than three (3) days if the employee has been advised in advance of such requirement. The parties agree that when an employee must be away from the job because of illness in the immediate family, such time off mav be granted by the department head on a day to day basis, and charged against sick leave time on an hourly basis. If the absence becomes prolonged, such time off may be charged against accumulated vacation. Employees must keep their department head informed as to their status to qualify under this provision. Section 4. Intearation with Worker's Comoensation. When an injury occurs in the course of employment, the City's obligation to pay under this sick leave article is limited to the difference between any payment received under Worker's Compensation laws and the employee's regular pay. In such instances, no charges will be made against accrued sick leave for the first thirty (30) calendar days. Section 5. Sick leave Without Pav. Upon application by the employee, sick leave without pay may be granted by the City for the remaining period of disability after accrued sick leave has been exhausted. The City may require that the employee submit a certificate from a physician periodically during the period of such disability, and before returning to work. Section 6. Termination. Sick leave is provided by the City in the nature of insurance against loss of income due to illness or injury. No compensation for accrued sick leave shall be provided for any employee upon his/her death or termination of employment, for whatever reason. Sick leave shall not accrue during any period of leave without pay. Section 7. Pavment for Unused Sick leave All members of the bargaining unit may elect to receive 1/3 of their unused annual sick leave accrual, maximum of 32 hours, as cash on their first paycheck in December. If cash payment is not elected, the unused portion of sick leave will be added to 8 cumulative sick leave balance or converted to accrued vacation at the option of the employee. ARTICLE IX OTHER lEAVES OF ABSENCE Section 1. leaves of Absence Without Pav. Leaves of absence without pay not to exceed 90 days may be granted upon establishment of reasonable justification and where it is determined that the operation of the department and/or division will not be negatively impacted by the temporary absence of the employee. Requests for such leaves must be in writing and submitted to the Department Head 30 days prior to the requested leave date, unless otherwise waived. Section 2. Jurv Dutv. Employees shall be granted leave with pay for service upon a jury; provided, however, that the regular pay of such an employee for the period of absence shall be reduced by the amount of money received for such jury service, and upon being excused from jury service for any day an employee shall immediately contact his/her supervisor for assignment for the remainder of his/her regular work day. Section 3. Appearances. Leave with pay shall be granted for an appearance before a court, legislative committee, judicial or quasi-judicial body as a witness in response to a subpoena or other direction by proper authority provided, however, that the regular pay for such employee shall be reduced by an amount equal to any compensation they may receive as witness fees. Section 4. Reauired Court Appearances. Leaves of absence with pay shall be granted for attendance in court in connection with an employee's officially assigned duties, including the time required for travel to the court and return to the employee's headquarters. . Section 5. Election Dav. Employees shall be granted two (2) hours to vote on any election day only if, due to scheduling of work, they would not otherwise be able to vote. Section 6. Union Business. Employees elected or appointed to any legitimate full-time paid Union office which takes them from their employment with the City, shall, upon written request of the Union and the employee be granted a leave of absence of up to one (1) year without pay, renewable upon application. Employees selected by the Union to attend conventions and related Union activities, shall, upon written request of the Union and the employees, be granted a leave of absence of up to thirty (30) days without pay. Section 7. Educational leave. After completing one (1) year of continuous 9 service, an employee, upon written request, may be granted a leave of absence without pay by the City for the purpose of upgrading his/her professional ability through enrollment in educational courses directly related to employment at an accredited school or course of study. The period of such leave of absence shall not exceed one (1) year, but may be renewed or extended upon request of the employee and approval by the department head. One (1) year leaves of absence, with requested extensions, for educational purposes may not be provided more than once in any three (3) year period. His/her replacement shall be considered a temporary employee. Employees may also be granted time off with pay for educational purposes, for reasonable lengths of time, to attend conferences, seminars, briefing sessions, training programs, and other programs of a similar nature that are intended to improve or upgrade the employee's skill and professional ability, when ordered by the employee's department head. Section 8. Funeral leave. An employee may be granted three (3) days funeral leave with regular pay in the event of death in the immediate family of the employee. The employee will be paid his/her regular hourly rate for any such days of excused absence which occur only during his/her assigned workweek. An additional two (2) days leave may be granted if the funeral is ,over 500 miles from Ashland, one way. In the event that special circumstances exist requiring additional time away from work, the Department Head may grant two additional days (maximum five days total) of paid funeral leave regardless of travel distance to the funeral. For the purpose of this article, an employee's immediate family shall include spouse, parent, children, brother, sister, mother-in-law, father-in-law, brother- in-law, sister-in-law, step child, step parent, adopted child, grandparents, grandparents-in-Iaw and domestic partners. Section 9. Failure to Return From leave. Any employee who is granted a leave of absence and who, for any reason, fails to return to work at the expiration of said leave of absence, shall be considered as having resigned their position with the City, and his/her position shall be declared vacated; except and unless the employee, prior to the expiration of his/her leave of absence, has furnished evidence that he/she is unable to work by reason of sickness, physical disability or other legitimate reason beyond his/her control. ARTICLE X COMPENSATION Section 1. Waae Schedule. Employees shall be compensated in accordance with the wage schedule attached to this Agreement and marked "Appendix B" which is hereby incorporated into and made a part of this Agreement. When any position not listed on the wage schedule is established, the City shall designate a job classification and wage rate for the position and 10 notify the Union. If the Union does not agree that the classification or wage rate is proper, the Union may submit the issue as a grievance according to the grievance procedure. Section 2. Overtime. The City has the right to assign overtime work as required in a manner most advantageous to the City, and consistent with the requirements of municipal service and the public interest. Employees shall be compensated at the rate of time and one-half (1'12) the regular rate of pay for all work performed in excess of 40 hours in a workweek, but in no event shall such compensation be received twice for the same hours. All overtime shall be recorded by the employee and must be approved by the department head or supervisor. Scheduled overtime, time annexed to the beginning of the work shift, or hold- over times annexed to the end of the work shift, shall be considered overtime and shall not be considered call-back time. Section 3. Call-back Time. Employees called back to work shall receive overtime pay with a guaranteed minimum of one (1) hour at time and one-half (1-1/2) for the work for which they are called back. More than one call-back is permissible within the one (1) hour period. Employees required to work over the initial call-back period, where more than .one call-back is handled, will be paid at the overtime rate to the nearest one-half (1/2) hour. a. Employees called for duty four (4) hours or more before the beginning of their regular work day shall be paid at the regular overtime rate from the time they are called until relieved. If such an employee has worked a minimum of four (4) hours and has had less than four (4) hours rest after he/she was relieved, he/she shall receive the regular overtime rate oftime and one-half (1-1/2) for all hours worked during his/her normal work day. Employees shall not be required to take time off during any regular working day for the overtime worked or to be worked. b. Employees called for duty less than four (4) hours before the beginning of their regular work day shall be paid at the established overtime rate from the time they are called until the beginning of their regular work day. Regular working hours following shall be at the straight timerate. Section 4. Pav Periods. Employees shall be paid every other Friday. Pay periods shall be for fourteen (14) days beginning at 12:01 a.m. on Saturday, and ending on the 14th day (Friday) at 12:00 midnight. Pay days shall be on the Friday following the close of each pay period. 11 Section 5. Mileaae. An employee required to report for special duty or assignment at any location other than his/her permanent reporting location and who is required to use his/her personal automobile for transportation to such location, shall be compensated at the standard mileage reimbursement rate established' annually by the IRS per mile for the use of such automobile directly in the line of duty. Section 6. Special Proiect Assianments. Employees assigned to established special projects, for extended periods of time, which require substantially increased responsibilities and duties, compared to their normal assignment and job description, shall receive additional compensation. Prior to beginning the assignment the employee and his/her supervisor shall discuss the matter of additional compensation. Section 7. Certification Pav: Certification pay of five (5%) percent as follows: a. The parties above must mutually approve of the program leading to certification prior to the employee entering into the program. b. The employee must be working in the field of the certification and the program must relate to the employee's work. c. Certification pay will become effective with the first of the month following the employee's satisfactory completion of the program, i.e. evidence of satisfactory completion by the institution acceptable to the parties. d. Upon mutual agreement of the parties an equivalency must be considered for an approved program not available locally. Short term or inadequate programs will not be considered. ARTICLE XI DISCIPLINE AND DISCHARGE Section 1. Discipline. No regular employee as defined in Article XII may be disciplined except for just cause. Disciplinary action may be imposed upon any employee for failing to fulfill his/her responsibilities as an employee. Conduct reflecting discredit upon the City or Department, or which is a direct hindrance to the effective performance of City functions, shall be considered just cause for disciplinary action. Such cause may also include misconduct, inefficiency, incompetence, insubordination, misfeasance, malfeasance, the willful violation of department rules or for political activities forbidden by State law. Section 2. Discipline for just cause may include the following: 12 1. Oral reprimand 2. Written reprimand 3. Demotion 4. Suspension 5. Discharge or dismissal Section 3. An employee' may be suspended from employment, with or without pay, while charges against the employee are investigated. Such a suspension may be for no more than five (5) working days, unless mutually extended by the parties. If the charges are not cleared completely, a suspension without pay, or any part of such suspension, may be determined to be part of the discipline effective the date of suspension. Section 4. In the event of an offense of such serious nature that immediate disciplinary action is required, the employee may be suspended immediately from employment until such charges are investigated and a decision made to continue, discipline or terminate the employee. If the employee is cleared completely of the charges, the affected employee will be immediately reinstated without loss of payor other benefits. If the charges are not c1eare,d completely, and discharge is the discipline imposed, the termination date will be the date of suspension. Section 5. Any disciplinary action imposed upon an employee, if protested, shall be protested only as a grievance through the regular grievance procedure. If a department head or other supervisor has reason to discipline an employee he/she shall make reasonable efforts to impose such discipline in a manner that will not embarrass or humiliate the employee before other employees or in public. Section 6. This Article shall not apply to any employee on probation as defined in Article XIII. ARTICLE XII SETTLEMENT OF DISPUTES Section 1. Grievance and Arbitration Procedure. Any grievance or dispute which may arise between the parties concerning the application, meaning or interpretation of this Agreement, shall be settled in the following manner: STEP I. The affected employee shall take up the grievance or dispute with the employee's supervisor within seventy-two (72) hours of its occurrence, excluding Saturday and Sunday. The supervisor shall then attempt to adjust the matter within three (3) working days. 13 I' STEP II. If the grievance has not been settled between the affected employee and the supervisor, it may be presented in writing by the Union to the Department Head within seventy-two (72) hours, excluding Saturday and Sunday, after the response specified in Step I is due. The written notice shall include details of the grievance, the section of this Agreement allegedly violated and the specific remedy requested. The appropriate Department Head shall respond to the Union representative in writing within five (5) working days after receipt thereof. STEP III. If the grievance still remains unadjusted, it may be presented by the Union to the City Administrator of the City or his/her designee(s), within seven (7) days after the response specified in Step II is due. The City Administrator or his/her designee(s), shall respond in writing to the Union within five (5) working days. STEP IV. If the grievance is still unsettled, either party may, within ten (10) days of the decision of the City Administrator or his/her designee(s) under Step III have the right to have the matter arbitrated by a third party jointly agreed upon by the City and the Union. If the parties are unable to agree upon an arbitrator, the American Arbitration Association or other mutually agreed organization shall be requested to submit a list of five names. Both the City and the Union shall have the right to strike two names from the list. The party requesting arbitration shall strike the first name and the other party shall then strike one and the process shall be repeated and the remaining person shall be the arbitrator. The City and the Union shall meet in a pre-hearing conference and shall prepare a submission agreement regarding the specific issues in dispute. The designated arbitrator shall hear both parties as soon as possible on the disputed matter and shall render a decision within thirty (30) days which shall be final and binding on the parties and the employee. The arbitrator shall have no right to amend, modify, nullify, ignore or add provisions to the Agreement, but shall be limited to consideration of the particular issue(s) presented to him/her. His/her decision shall be based solely upon his/her interpretation of the meaning and application of the express language of the Agreement. Expenses for the arbitrator shall be borne equally by the City and the Union; however, each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim recording of the proceedings, it may cause such a record to be made, provided it pays for the record. If the other party desires a copy, both parties shall jointly share the cost of the transcript and all copies. If any grievance is not presented or forwarded by the employee or Union within the time limits specified above, such grievance shall be deemed waived. If any grievance is not answered by the City within the time limits specified above, such grievance shall be deemed granted. 14 r ( Section 2. Stewards. The Union may select an employee who shall be known as the steward. The name of the employee selected as steward, and the names of local Union representatives who may represent employees, shall be certified in writing to the City by the Union. Duties required by the Union of a steward, excepting attendance at meetings with supervisory personnel and aggrieved employees arising out of a grievance already initiated by an employee under Section 1 hereof, shall not interfere with this employee's or other employees' regular work assignments as employees of the City. Contacts between the steward and employees or the Union shall be made outside of working hours so as not to disrupt regular City operations. A preliminary investigation of an issue that could lead to a grievance can occur during work hours as long as it can be completed in a reasonable amount of time and a supervisor, Department Head or Human Resources has been informally notified prior to the Steward assisting in the investigation. ARTICLE XIII SENIORITY Section 1. Seniority. Seniority shall be a full-time employee's length of continuous service with the bargaining unit, dating from his/her last date of hire, and shall apply by job classification within his/her department in the matter of layoff, recall and vacation. Seniority for regular part-time employees shall be accrued based on their equivalent number of hours worked rather than on calendar months or years (for example, a regular part-time employee who started work on January 2nd and worked exactly 30 hours every week, would have nine months seniority as of the next January 2nd). In the event of layoff, such employee may exercise his/her seniority in a lower job classification within the department provided that employee is qualified by prior training or experience to do the work of the lower job classification. Recall from layoff shall be in the reverse order of seniority. The City reserves the right to layoff out of the order of seniority if in the City's judgment, retention of special job skills is required. Seniority shall continue to accrue during, 1) authorized sick leave or disability leave up to ninety (90) calendar days; 2) vacation leave; 3) authorized compensatory time off; 4) educational leave required by the City; 5) funeral leave; 6) jury duty; and 7) promotion to a supervisory position outside of the bargaining unit for two (2) years. Section 2. Suspension of Senioritv. Seniority shall be retained, but shall not continue to accrue during 1) authorized sick leave or disability leave in excess of ninety (90) calendar days; 2) educational leave requested by the employee; 3) military leave; or 4) other authorized leaves of absence up to 15 ninety (90) calendar days. Section 3. Termination of Seniority. Seniority and the employment relationship shall be broken or terminated if an employee 1) quits; 2) is discharged for just cause; 3) is absent from work for three (3) consecutive working days without notification to the City; 4) is laid off and fails to report to work within three (3) days after being recalled,S) is laid off from work for any reason for twenty-four (24) months, or for a period of time equal to his/her seniority, whichever is shorter; 6) fails to report for work at the termination of a leave of absence; 7) if, while on a leave of absence for personal health reasons, accepts other employment without permission; or 8) if he/she is reti red. Section 4. ProbationarvperiOd. The probationary period is an integral part of the employee selection process and provides the City with the opportunity to upgrade and improve the department by observing a new employee's work, training, aiding new employees in adjustment to their positions, and by providing an opportunity to reject any employee whose work performance fails to meet required work standards. Every new employee hired into the bargaining unit shall serve a probationary period of twelve (12) full months after which they shall be considered a regular employee and granted seniority to the last date of hire. The Union recognizes the right of the City to terminate probationary employees for any reason and to exercise all rights not specifically modified by this Agreement with respect to such employees, including, but not limited to, the. shifting of work schedules and job classifications, the assignment of on-the-job training, cross-training in other classifications, and the assignment to educational courses and training programs, the requirement that such employees attend training programs on their off-duty time for which they will be compensated on a straight-time basis by the granting of compensatory time off. Termination of a probationary employee shall not be subject to the grievanCe procedure under Article XII. Section 5. Promotional Probationarv Period. Regular employees promoted into a higher classification shall serve a promotional probationary period of six (6) full months. The Union also recognizes the right of the employer to demote an employee on promotional probationary status to the highest previous position. Demotion of an employee on promotional probationary status shall not be subject to the grievance procedure under Article XII. Section 6. lavoff and Recall. Recall from layoff exceeding five (5) work days shall be by certified letter sent to the employee at his/her last known address furnished to the City by the employee. The City may use any other means to return an employee sooner. Section 7. Trainina Opportunities. In order to encourage advancement 16 within City employment, employees and their supervisors are encouraged during the evaluation process to discuss training opportunities available to the employee to update skills or develop additional skills to qualify for promotion. Section 8. Job Announcements. The City agrees to post announcement of vacancies in full-time positions within this unit in City Hall in the employee's lunchroom and upstairs on the bulletin board in the foyer at the top of the stairs for a minimum of five (5) working days prior to the final filing date for the position. Section 9. Reaular Emplovee. A regular full-time employee is one hired for an indefinite tenure, not limited at time of hire by a stated term or for a specific project. Section 10. A regular part-time employee is one whose regular workweek is twenty (20) hours or more, not limited at time of hire by a stated term or for a specific project. Regular part-time employees' cumulative work hours shall not exceed thirty (30) hours per week, except relief for a regular full-time employee who is expected to return (i.e., vacation, sick leave, etc.) or unless hours are extended by mutual agreement. Section 11. Reaular Part-Time Emplovee Benefits. Regular part-time employees shall accrue and be allowed vacation and sick leave with pay on a pro-rated schedule based on their hours worked using the hourly equivalent accrual rate for full-time employees, holiday pay only if the holiday occurs during their normally scheduled hours, and premiums for the employee only paid by the City for health related insurance. Section 12. Part-Time and Temporarv Emplovee Compensation and Probationarv Period. Part-time and temporary employees in a classification covered by this Agreement shall be compensated in accordance with this Agreement. ARTICLE XIV GENERAL PROVISIONS Section 1. No Discrimination. The provisions of this Agreement shall be applied equally to all employees in the bargaining unit without discrimination as to race, creed, color, sex, age or national origin. The Union shall share equally with the City the responsibility for applying the provisions of this section. All reference to employees in this Agreement designate both sexes, and whenever the male gender is used it shall be construed to include the male and female employees. Employees shall have the right to form, join, and participate in the activities of the Union or any other labor organization, or to refrain from any or all such activities, and there shall be no discrimination by either the City or the Union by reason of the exercise of such right except as 17 specifically provided herein. Nothing in this Agreement shall be construed as precluding or limiting the right of an individual employee to represent them self in individual personal matters. Section 2. Bulletin Boards. The City agrees to furnish and maintain a suitable bulletin board in a convenient place in the work or assembly area to be used by the Union. The Union shall limit its postings of Union notices and bulletins to such bulletin board, which shall be used only for the following Union notices and bulletins: a. Recreational and social affairs of the Union b. Union meetings c. Union elections d. Reports of Union committees e. Rulings or policies of the International Union Section 3. Visits bv Union Reoresentatives. The City agrees that accredited representatives of the International Brotherhood of Electrical Workers, Local Union 659, upon reasonable and proper introduction, may have reasonable access to the premises of the City at any time during working hours for the purpose of assisting in the administration of this Agreement, if they first obtain permission to do so from the City Administrator or his/her designated representative. Section 4. Solicitation. The Union agrees that its members will not solicit membership in the Union or otherwise carry on Union activities during working hours, except as specifically provided in this Agreement. Section 5. Existina Conditions. Only such existing and future working rules and benefits as are specifically covered by the terms of this Agreement shall be affected by recognition of the Union and execution of this Agreement. It is further agreed that if modification of work rules or benefits covered by a specific provision of this Agreement is proposed any such modification shall be posted prominently on all bulletin boards for a period of seven (7) consecutive days prior to implementation. Section 6. Other Emolovment. Outside employment shall be permitted only with the express prior written approval of the City, which may at any time, upon reasonable grounds, revoke permission to hold such outside employment. Section 7. Suoervisorv Emolovees. It is understood that supervisory employees not covered under this Agreement shall not perform work within the jurisdiction of the Union except in the case of an emergency, or when the complement of regular employees is temporarily reduced by reason of absence of any employee due to illness or other legitimate reasons, or where the work load is temporarily increased, or for purposes of instruction or training. 18 Section 8. Uniforms. Protective Clothina and Devices. If an employee is required to wear a uniform, protective clothing or use any type of protective device, such article shall be provided, maintained and cleaned by the City. Replacements shall be provided by the City upon surrender of the article, at no cost to the employee. Lost articles or damage to articles due to negligence, shall be reimbursed to the City by the employee. The City shall provide a safe place for the storage of such articles. Failure of an employee to wear such required uniform, protective clothing, or use such protective device as prescribed by the City shall be cause for disciplinary action as set forth in Article XI hereof. ARTICLE XV CLASSIFICATIONS - WORK RULES - SAFETY Section 1. Classifications and Descriotions, The general classifications of labor which shall be recognized throughout this Agreement, shall be those set forth in "Appendix A." Section 2. Safety Rules. The Federal regulations and the Safety Rules of the State shall be observed and copies shall be made available by the City and the Union. The rules provide the minimum standards of safety to be observed by the City and the employee. ARTICLE XVI HEALTH. WELFARE AND RETIREMENT Section 1. Health and Welfare. The City agrees to pay ninety-five percent (95%) of the premium for employee and/or family coverage through the term of this agreement for the following health and welfare plans. The employee agrees to pay five percent (5%) of the premium, to be deducted from the employee's check through regular payroll deductions. The parties recognize this agreement is to provide the insurance plans. Plan benefits are subject to annual adjustments. Nothing in this agreement shall be deemed a limitation on the annual plan benefit adjustments. In the event the plan is no longer offered, then both Union and City of Ashland shall mutually agree on a new plan. Those plans and employee/family coverage levels are: (a) Blue Cross/Blue Shield of Oregon Plan V-PI PPP Health Insurance - employee and family coverage through December 31, 2009. *Effective January 1, 2010, the union agrees to change to Blue Cross/Blue Shield of Oregon Plan V-B PPP with a $200 19 deductable. (b) ODS Dental Plan III - employee and family coverage. (c) Vision Services Plan - employee and family coverage. (d) Life Insurance - employee ($20,000) and dependent ($1,000) coverage. (e) Long Term Disability Insurance - employee only. (f) City paid reimbursement for routine physical exams for employee/dependents, if such coverage is not provided by (a), above: Age 2-18 once every 3 years up to $100. Age 19-34 once every 5 years up to $175. Age 35-59 once every 2 years up to $175. Age 60+ once every year up to $175. (g) City paid reimbursement for routine well-baby care, if such coverage is not provided in (a), above, to include first in-hospital exams; six doctor's office exams the first year; three exams the second year up to $100 each exam (includes exam, inoculations and x-ray expenses). (h) Mercy Flights' insurance for flight transport only - family coverage. If an employee desires to upgrade the insurance plan to provide for all medical transport, City agrees to administer payment of the additional premium through a payroll deduction. (i) Participation in an IRC 9125 plan for pre-tax health insurance premium contributions and flexible spending account options for eligible health and dependent care expenses. Section 2 Insurance Committee. The Union and the City jointly recognize the escalating cost of Health and Welfare Insurance and services. In an effort to control costs and provide the maximum benefits possible, the City will establish an employee-based benefits committee, with one member appointed by the bargaining unit. The committee will meet at the option of either the City or the Union, will review insurance options and make recommendations related to controlling costs. Section 3. Retirement. The City agrees to maintain its existing Retirement Plan, subject to the terms and provisions thereof, as it applies to regular employees in the bargaining unit. Upon retirement, one-half (1/2) of unused sick leave will be applied to retirement as provided in ORS. The City will assume or pay the employee contribution required by ORS 237.071 for all 20 employees covered by this Agreement at a uniform rate of six percent (6%). Section 4. Medical Coveraae for Retirees. Any employee retiring after July 1, 1992, and before June 30, 2006, with twenty (20) or more years of full- time service with the City, and who is age 60 or older, shall be eligible for a monthly payment of $60.20 towards Blue Cross MediCheck 65 insurance coverage or its equivalent. This payment shall be available to age 65 and must be requested by the employee in writing no later than 90 days following the date of retirement and no sooner than 90 days prior to the date of retirement. A joint committee of two members from the City and two members of the Union will meet and review annually the retiree medical payments during the term of the Agreement with the intent of mutual consent to improvements in that program. Section 5. Deferred Comoensation. The City agrees to contribute up to $30.00 per month in matching funds per member enrolled in a City deferred compensation program (currently ICMA or AETNA). This program is at the option of the member and contingent upon a matching contribution paid by the member. Section 6 HRA-VEBA CONTRIBUTION The City will begin contributirig 1% of salary into HRA-VEBA for each member of the bargaining July 1, 2009. Section 7. P.E.R.S. Initial Six Month Waitina Period. If a member of the unit retires with 20 years of continuous service with the City and the employee has only one P.E.R.5. waiting period, the City shall fund the purchase of the P.E.R.S. initial six month waiting period upon retirement. ARTICLE XVII WORKER'S COMPENSATION Section 1. Worker's Comoensation. All employees will be insured under the provisions of the Oregon State Worker's Compensation Act for injuries received while at work for the City. Section 2. Suoolementarv Pavment. Compensation paid by the City for a period of sick leave also covered by Worker's Compensation shall be equal to the difference between the Worker's Compensation pay for lost time and the employee's regular wage rate. ARTICLE XVIII LIABILITY INSURANCE 21 The City shall purchase liability insurance in the maximum amounts set forth in ORS 30.270 for the protection of all employees covered by this Agreement against claims against them incurred in or arising out of the performance of their official duties. The premium for such insurance shall by paid by the City. ARTICLE XIX SAVINGS CLAUSE AND FUNDING Section 1. Savinas Clause. Should any provision of this Agreement be subsequently declared by the proper legislative or judicial authority to be unlawful, unenforceable, or not in accordance with applicable statutes or ordinances, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. Section 2. Fundina. The parties recognize that revenue needed to fund the wages and benefits provided by the Agreement must be approved annually by established budget procedures and, in certain circumstances, by vote of the citizens of the City. All such wages and ber)efits are, therefore, contingent upon sources of revenue and, where applicable, annual voter budget approval. The City has no intention of cutting the wages and benefits specified in this Agreement because of budgetary limitations, but cannot and does not guarantee any level of employment in the bargaining unit covered by this Agreement. The City agrees to include in its annual budget request amou"nts sufficient to fund the wages and benefits provided by this Agreement, but makes no guarantee as to passage of such budget request or voter approval thereof. ARTICLE XX TERMINATION & REOPENING This Agreement shall be effective as of the 1st day of July, 2009 and shall remain in full force and effect until the 30th day of June, 2012 and shall terminate all prior Agreements and practices and concludes all collective bargaining during the term of this Agreement, and provided that: On June 30th of 2010 and June 30th of 2011 the Agreement may be opened to renegotiate the terms and conditions of wages and the HRA-VEBA contributions only. Either party wishing to initiate a re-opener on either of the items stipulated shall notify the other party in writing prior to January 1st of 2010 and 2011. . This Agreement shall be automatically renewed from year to year thereafter 22 unless either party shall notify the other in writing not later than ninety (90) days prior to the expiration or subsequent anniversary date that it wishes to modify this Agreement for any reason. Such notification shall include the substance of the modification and the language with which such desired modifications are to be expressed. In the event that such notice is given, negotiations shall begin not later than thirty (30) days after said notice. This Agreement shall remain in full force and effect during the period of negotiations. .~ 23 APPENDIX "A" Building Inspector Engineering Technician III/Assistant Surveyor Staff Accountant/Project Coordinator Associate Planner/Housing Program Specialist Engineering Assistant Account Representative Engineering Technician II/GIS Specialist Conservation Analyst Assistant Planner Computer Technician Engineering Technician I/GIS Data Technician Account Clerk II Account Clerk I Secretary Clerk II Clerk I Code Compliance Specialist 24 APPENDIX "8':: CLERICAL/TECHNICAL WAGE SCHEDULE 7/1/09 Hourly BuildinCl Insoector First 6 month Next 12 months Next 12 months Next 12 months Rate Thereafter $23.5252 $24.9148 $26.4678 $28.0477 $29.7369 EngineerinCl Tech III! Assistant Surveyor First 6 months Next 12 months Next 12 months Next 12 months Rate Thereafter $24.7196 $25.9425 $27.2573 $28.6247 $30.0449 Staff Acct/ Pro1 Coord First 6 months Next 12 months Next 12 months Next 12 months Rate Thereafter $22.6671 $24.0157 $25.4596 $26.9853 $28.8927 Associate Planner First 6 months Next 12 months Next 12 months Next 12 months Rate Thereafter $21.5773 $22.7488 $23.8930 $25.3506 $26.6311 HousinCl ProClram Soclst First 6 months Next 12 months Next 12 months Next 12 months Rate Thereafter $23.5501 $24.8987 $26.2225 $27.9298 $29.4145 25 7/1/09 Hourly EnQineerinQ Assistant(1) First 6 months Next 12 months Next 12 months Next 12 months Rate Thereafter $21.5773 $22.7488 $23.8930 $25.3506 $26.6311 Account Reoresentative First 6 months Next 12 months Next 12 months Next 12 months Rate Thereafter . EnQineerinQ Tech II/GIS Soecialist First 6 months Next 12 months Next 12 months Next 12 months Rate Thereafter $21.1278 $22.7488 $23.8930 $25.3506 $26.6311 $20.2425 $21.5366 $22.8578 $24.2201 $25.6366 Conservation Analyst First 6 months Next 12 months Next 12 months Next 12 months Next 12 months Rate Thereafter $16.9356 $19.8809 $21.9057 $23.2074 $24.5750 $26.1265 Assistant Planner First 6 months Next 12 months Next 12 months Next 12 months Rate Thereafter $16.9595 $18.0220 $19.0845 $20.2425 $21.4819 26 Com outer Technician First 6 months Next 12 months Next 12 months Next 12 months Rate Thereafter Enaineerina Tech I First 6 months Next 12 months Next 12 months Next 12 months Rate Thereafter Account Clerk II (includes Court Clerk II) First 6 months Next 12 months Next 12 months Next 12 months Rate Thereafter Account Clerk I (includes Court Clerk I) First 6 months Next 12 months Next 12 months Next 12 months Rate Thereafter Secretary First 6 months Next 12 months Next 12 months Next 12 months Rate Thereafter 27 7/1/09 Hourly $18,6317 $19.5653 $20.5513 $21.5770 $22.6684 $16.2781 $17.2642 $18.2807 $19.4114 $20.6238 $18.6624 $19.6446 $20.6787 $21.7671 $22.9129 $14.9843 $15.7607 $16.7824 $17.8040 $18.8802 $14.2759 $15.1205 $16.0331 $17.0004 $18.0630 7/1/09 Hourly Clerk II First 6 months Next 12 months Next 12 months Next 12 months Rate Thereafter $13.2952 $14.0445 $14.9435 $15.8288 $16.7824 Clerk I First 6 months Next 12 months Next 12 months Next 12 months Rate Thereafter $11.4969 $12.1373 $12.8456 $13.6764 $14.4531 Code Comoliance Soclst First 6 months Next 12 months Next 12 months Next 12 months Rate Thereafter $16.5644 $17.4499 $18.3761 $19.3297 $20.3513 28 Wages shall be adjusted in accordance with the following: Both parties agree to no Cost of Living Adjustment Julyl, 2009, but will have the option to re-open the contract for wages and HRA VEBA contributions June 30th of 2010 and June 30th 2011. NOTE: All rates are salary hours. Monthly rates are for information purposes only. CITY OF ASHLAND, OREGON ~' ~.~ By: '" ~./;/ -,~ M rtha Bennitt. City Administrator Date: ~#Jk7 . INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION #659 By: . on Jon Date: APPROVED: International Office IBEW, Washington, D.C. By: Date: APPROVED IITfRlATlDllAl. OfFICf. I.'. E.'" AUG 2 52009 ~ EdlmD.HIl,~ ""_does not"'"'"' IIl8 ~'PW1YIDIIis~ 29 -J < ~ Z :I: U w 5 < u ii2 w -J U 3: w lD III W -J :;) C w :I: l:i( >- Ill: :5 ~ c w III o ~ i ~ III ~ U 'll .., ~ E 8 ~ ~ t B .~ ~ ~ ~ - ;; c; ~ ~ ~ ;::: i .i!i s .. ... C ~ .. > >-; ~ <> 1 ~ I'l w .s "'C ~ .. ~ ., 10 0 a: ... ~ S! z c.. II '" c e c ~ ! ~ ~ .g c ~ ~ '=' " ~ '" c e .:. ~ .s ~ VI t 'S- ~ ~ s ~ ~ ~ '" ""- ~ ~ s ~ & ~ ~ E ~ ~ VI co ., E .. ill U ... o ..... C ~ " tJ II ~ c o ~ c ii S ~ o ~ s ~ ~ ~ ~ .... ... 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N ~ :t <Z N (/; ri - .... .... 0; ~ :t 18 '" '" '" :t (/; ,.: '" 00 ;i '" 00 ~ .... ri - <Z N (/; ri .. '" .... ~ :t '" ~ ;i .... .... ~ :t '" .... ~ .... - c Fl 'c 1i >- 2''E 'il S ~ 5 .~ ~ w <C li; u; ~I 16 10 ." ~ 'tl ., '" .. .~ 15 ~ c%~~c..u c: g~1fJ.l!}-~ '" " Q. a .5 f .s 2:n;~3:C) to ~~'i1l.Yjj ." ~ ~ .9 S!2 2 :r: a. CD (!) .:( ~ 8- "' .5 i i ]. ~..~ ~ ~~E1i15 ill <Ccl!!>-ll-.l;, ll~fi~tJj I~f.~f~~ 8 .!! :I: W '" <3 ~ = .. ~ '" - ;!: ~ CITY OF ASHLAND Council Communication Resolution clarifying certain Conditions of Employment for the Management and Confidential Employees for FY 2011-2012 and a Resolution Amending the Pay Schedule for Management and Confidential Employees for FY 2011-2012. Meeting Date: June 21,2011 Primary Staff Contact: Tina Gray Department: Administration E-Mail: grayt@ashland.or.us Secondary Dept.: None Secondary Contact: Martha Bennett Approval: Martha Benn Estimated Time: Consent Question: Does the Council wish to approve a Resolution clarifying certain conditions of employment for Management and Confidential Emp]oyees repealing Reso]ution 20]0-20, and adopt a resolution amending the pay schedules for Management and Confidential employees? Staff Recommendation: Staff is recommending that the City Council adopt a new Reso]ution replacing Reso]ution 20]0-20, clarifying certain conditions of employment for Management and Confidential employees of the City, The amendments to the resolution are housekeeping in nature and bring the Resolution current with the health benefit change that occurred Apri] ], 20] ]. Staff is also recommending partial implementation of the salary recommendations from the Classification and Compensation Study that was conducted in 2009-20]0 by CPS Human Resource Services. The staff recommendation includes targeted salary increases for only the 4] positions that were identified in the Classification & Compensation Study as below market. Staff is not proposing any wage adjustments for the Executive Management Team which consists of9 staff(City Department Heads, City Attorney and City Administrator). Ten positions that were identified in the study as over market will not receive any wage adjustment, and they will remain frozen until the mar~et catches up. Should any job class become vacant that was over market, the City will advertise at the lower rate recommended in the Study. Employees injob classes identified as below market will be advanced to the lowest point in the new salary range that provides an increase. Background: The City has negotiated collective bargaining agreements with five bargaining groups. Management and Confidential employees of the City are not an organized group for the purpose of negotiating terms and conditions of their employment. Each year, City Administration reviews the terms for non- represented employees and as necessary makes a recommendation to the City Council for adjustments. This year the City is not recommending an across the board Cost of Living Adjustment (COLA) for non-represented employees, but rather we are recommending salary adjustments for positions that were identified as below market in the Classification and Compensation Study conducted ii12009-201O. Given the amount of time that has elapsed since the study was completed, the City has added 1.5% to Page] of2 ~~, CITY OF ASHLAND the salary ranges to reflect the average of increases granted by our com parables since 2008. Non- represented employees have not received any salary adjustments or COLA since July 1,2008. Wage adjustments for the Elected City Recorder and Municipal Judge are set forth in the City Charter based on the average increases granted to management staff; therefore if the Council approves the staff recommendation as presented, these two elected positions will receive a wage adjustment of] .7829% this fiscal year. Fiscal Impact: The total fiscal impact for the staff recommendation is $65,288,57 which includes wage adjustments and roll-up benefit costs. This amount was not included in the budget, so it will be absorbed into the adopted budget. Many positions are currently vacant and staff are reviewing their needs and looking for efficiency and opportunities to restructure at a lower cost. Savings from having positions vacant will also help offset the cost of this staff recommendation, and the City faces significant turnover in the next few years due to retirements. Other Council Policy: None, Council Options: Option #1 - The City Council could approve changes to the Management Resolution as presented and direct staff to implement the changes regarding employment conditions for Management and Confidential employees, including recommendations to partially implement compensation recommendations from the Classification and Compensation Study conducted in 2009-20]0. Option #2 - The City Council could direct staff to implement altemative changes to the Management Resolution regarding employment conditions for Management and Confidential employees, and provide staff with alternate direction on compensation for this group. Potential Motions: Move to adopt Option #] authorizing staff to make recommended changes to the Management Resolution clarifying certain employment conditions for Management and Confidential employees and adopt a resolution amending the pay schedule for management and confidential employees for Fiscal Year 2011-2012. Attachments: . Revised Resolution Claritying Certain Conditions of Employment for Management and Confidential employees. . Resolution amending the pay schedule for management and confidential employees for Fiscal Year 20] ]-20]2, . Salary Schedule recommendations for all non-represented job classifications except Executive Management. Page 2 of2 ~~, RESOLUTION NO. 2011- A RESOLUTION OF THE CITY OF ASHLAND CLARIFYING CERTAIN CONDITIONS OF EMPLOYMENT FOR MANAGEMENT AND CONFIDENTIAL EMPLOYEES AND REPEALING RESOLUTION 2010-20. Recitals: A. The City of Ashland has negotiated collective bargaining agreements with all employees who are members oflabor unions; B. The management and confidential employees of the city are not an organized group for the purpose of collectively negotiating the terms and conditions of their employment; and C. It is in the best interest of the city and efficient and effective government to clearly set forth the city's expectations for the performance of its management and confidential employees; The Mayor and Council resolve as follows: I. Scope of Resolution. This 2011 resolution shall apply to all management and confidential employees ofthe City of Ashland as set forth in Appendix "A", dated July 2011. Where the term "employee" is used, it shall mean regular full-time employees and probationary employees as defined in section 2,7, This resolution does not apply to any employee who is a member of any collective bargaining unit. 2. Definitions. 2.1. Confidential employee. As defined in ORS 243.650(6), a confidential employee is one who assists and acts in a confidential capacity to a person who formulates, determines, and effectuates management policies in the area of collective bargaining. Confidential employees are paid hourly for work performed and they are subject to payment for overtime according to the Fair Labor Standards Act. Confidential employee includes those classifications in Appendix "A" under "Confidential." 2.2. Department head. A person directly responsible to the city administrator, mayor or city council for the administration of a department. Department heads are exempt from overtime payment. Department heads include those Management classifications in Appendix "A" under "Department heads," 2.3 Division Supervisor. A person directly responsible to a department head or the City Administrator for the operational functions of a city department or division. Page 1 of 18 Division supervisors are exempt from overtime payment. Division supervisors include those Management classifications in Appendix "A" under "division supervisors. " 2.4 Mid- Level Supervisor. A person reporting to a division supervisor or department head who may receive overtime payment for work outside their normal scope and duties, Mid-level supervisory positions require autonomy, independent decision making, planning, and mav provide supervision to other personnel. 2.5 Employee. A person in any of the classifications listed in Appendix "A" who has completed the probationary period. 2,6 Management or Manager. Those classifications included in Appendix "A" UJider the title "Management" including Department Heads, Division Managers and Mid-Level Managers. 2,7 Probationary Employee. A person appointed to a regular position but who has not completed a probationary period during which the employee is required to demonstrate fitness for the position by actual performance of the duties of the position, 2.8 Supervisor. Any person responsible to a higher divisional or departmental level authority who directs the work of others and who is not in a collective bargaining unit. 3. Purpose, The purpose of this resolution is set forth generally in the preamble. More specifically, the resolution has three fundamental purposes: 3,1, To clearly establish which classifications in the city service are management or confidential. 3.2. To clearly set forth the functions of management and to establish criteria for the evaluation of managerial performance. 3.3. To establish the personnel policies governing the conditions of employment of management and confidential employees, 4. Manal!erial Performance. 4.1, Goal Setting. Basic goals for the City of Ashland are set by the mayor and city council. Resources for achieving those goals are provided via the annual budget. Operational goals and short- range objectives are set by the city administrator working with department heads. The single most important factor in achieving the goals of the City of Ashland is the performance of the city's managers. Page 2 of 18 ~ 4.2. Managerial Responsibilities. Each of the city's managers at a minimum have the following responsibilities: 4.2.]. Getting the job done properly and on time, 4.2.2. Keeping the workplace safe and healthy, 4.2.3. . Encouraging team work and cooperation among employees and departments, 4.2.4. Deve]oping employee skills, 4.2.5. Keeping records and making reports, and 4.2.6. Active]y promoting affirmative action at alllevels. 4.3. General Expectations Regarding Management Employees. In addition to the specific performance standards mentioned above, there are also genera] city expectations of its managers. 4.3.1. Job Commitment. All management employees are expected to have a high degree of commitment to the City of Ash]and and to their jobs. When a new manager is hired, the city expects a commitment of continued service of at least three years unless unforeseen circumstances warrant earlier resignation or termination. Management employees are expected to devote whatever hours are necessary for the accomplishment of their duties as part of their norma] work week. Overtime will only be paid as set forth in section] 4.3. Management employees may take compensatory time off at their discretion as long as they exercise judgement so that their absence does not unreasonably interfere with the city's operations. In the event ofvo]untary termination, management employees are expected to give a minimum of 30 calendar days notice in order to give the city adequate time to recruit a qualified replacement. 4.3.2. Professionalism. Management employees are expected to maintain the standards of their individual profession. This includes remaining current with new developments, maintaining memberships in professional societies, and attending meetings with professionals in their field. Where professionals have codes of ethics or standards of performance, these should also be followed in the manager's work for the City of Ashland. 4.3.3. Termination. If at any time a manager's performance is deemed unacceptable, the city administrator or appropriate department head may ask for the employee's resignation. In most cases, reasonable time will be given to the employee to find other suitable employment. The city may provide severance pay in the event of resignation or involuntary termination. Page 3 of]8 4.3.4. Residency. Residency within the Urban Growth Boundary shall be a job requirement of the city administrator and strongly encouraged for department heads. Existing City employees promoted into the position of Department Head will not be required to move as a result of a promotion, but are strongly encouraged to move within the Urban Growth Boundary once appointed as a Department Head. The following job classifications shall establish their residence to enable them to report for emergency duty within 40 minutes of notification including "get ready" and travel time: Public Works Superintendent Street Supervisor Wastewater and Reuse Supervisor Water Quality and Distribution Supervisor Water Treatment Plant Supervisor Electric Operations Superintendent Fire Division Chief(EMS, Fire and Life Safety and Operations Divisions) Deputy Police Chief/Lieutenant Police Sergeant Computer Services Manager Network Administrator Database Administrator User Support Coordinator Maintenance and Safety Supervisor Telecommunications Technician Residence shall be established by new employees in these classifications within these boundaries or limitations within a period of twelve months of hire or promotion. Department Heads may identify other positions which require emergency response within 40 minutes to meet operational requirements. 4.4. Essential Management Functions. The following are the essential functions of all city management positions and the expected standards for their performance: 4.4. I. Planning. Anticipates future needs and makes plans for meeting them; recognizes potential problems and develops strategies for averting them; makes long and short range plans to accomplish city and/or departmental goals. ) 4.4.2. Organizing. Efficiently and economically organizes and carries out assigned operations; carries out responsibilities in a sound and logical manner; operates the unit smoothly and in a well organized manner; effectively delegates authority and establishes appropriate work rules. Page 4 of I 8 4.4.3. Coordinating. Coordinates all activities related to work objectives; maintains coordination and cooperation with other departments and divisions; maintains good communication with employees, and allows employees to make significant contributions to the accomplishment of objectives. 4.4.4. Leadership Motivation. Creates a climate providing challenge and motivation to employees. 4.4.5. Decision MakingJProblem Solving. Analyzes situations and problems, weighs the pros and cons of alternative solutions, exercises logical thinking and good judgment, is creative, and is able to make decisions. 4.4.6. Employee Relations. Equitably adjusts grievances among subordinate employees, properly administers union agreements, and administers discipline in a fair and progressive manner; trains and develops subordinate employees. 4.4.7. Public Relations. Maintains a high level of contact with the public, maintains a sensitivity to the public's needs, and meets the needs of the public within available resources. . 4.4.8. Budgeting. Prepares operational and capital budgets to meet the public's needs, and expends funds within adopted budgeted limits. 4.4.9. Safety. Maintains a safe, clean, pleasant work environment, and supports the city's overall safety program. 4.4. I O. Self Development. Stays current with new ideas and procedures in the manager's field of responsibility. 4.4. I I. Affirmative Action. Actively supports and implements Affirmative Action within the manager's area of responsibility, including the hiring and promotion of women, minorities, and the disabled. Is sensitive to sexual harassment in the workplace and enforces the City's Harassment and Non-discrimination policy in their area of responsibility. 5. Holidays. Recognized holidays are set forth in AMC 93.08.080. For convenience they are listed here: New Years Day (January I) Martin Luther King Day (3rd Monday in January) Washington's Birthday (3rd Monday in February) Memorial Day (last Monday in May) Independence Day (July 4) Page 5 of 18 Labor Day (1st Monday in September) Veteran's Day (November I I) Thanksgiving Day (4th Thursday in November) Day after Thanksgiving (in lieu of Lincoln's birthday) Christmas Day (December 25) 5.1. Police Sergeants shall receive paid compensation in addition to regular salary for each of the holidays listed above, in lieu of time off consistent with what is afforded other law enforcement officers of the City of Ashland. This shall be paid on the first payday in December of each year. Newly-hired Police Sergeants shall receive this paid compensation pro-rated from the date of hire. In the event that a Sergeant terminates employment for any reason, they will receive pay only for the holidays which have elapsed that calendar year. If more holidays have been taken as time off than have actually occurred at the time of termination, those hours overpaid will be deducted from the employee's final paycheck unless other arrangements are made to repay the City. 5.2. If an employee is on authorized vacation, or other leave with pay when a holiday occurs, such holiday shall not be charged against such leave. 5.3 Employees working an alternate work schedule will receive compensation for 8 hours. Employees working four I O-hour days will receive (8) hours compensation for any holiday that falls in their regular work day. Employees may use accrued vacation or compensatory time (if applicable) to make up the extra two hours, or they may be permitted to flex their schedule during a week which contains a holiday to ensure they receive full pay. In no event shall an exempt employee receive pay for more than 40 hours/week due to a holiday or alternate work schedule arrangement. 6. Vacations for Manal!ement and Confidential Emplovees. 6. I. Eligibility. Management employees shall be eligible for vacation with pay in accordance with the following sections: 6. I .1. Employees with less than four full years of continuous service shall accrue 8.67 hours of vacation for each calendar month of service worked. 6.1.2. Employees with more than four but less than nine full years of continuous service shall accrue 10.67 hours of vacation credit for each calendar month of service. 6.1.3. Employees with more than nine but less than 14 full years of continuous service shall accrue 12.67 hours of vacation credit for each calendar month of service. 6.1.4. Employees with more than] 4 but less than 19 full years of continuous service shall accrue] 4 hours of vacation credit for each calendar month of Page 6 of 18 service. 6.1.5. Employees with more than 19 but less than 24 full years of continuous service shall accrue] 5.34 hours of vacation credit for each calendar month of service 6.] .6. Employees with more than 24 full years of continuous service shall accrue 17.34 hours of vacation credit for each calendar month of service (NOTE: The above schedule includes one day of leave which was previously designated as "birthday holiday") 6.2. Utilization. Vacation leave shall not be taken in excess of that actually accrued. However, the city administrator has the discretion to authorize all management employees to take vacation in advance of accrual when warranted by special circumstances. 6.3. Continuous Service. Continuous service, for the purpose of accumulating vacation leave credit, shall be based on the regular paid hours worked by the employee. Time spent by the employee on city-authorized, city-paid absences shall be included as continuous service. Time spent on unpaid absences shall not be counted as service, provided that employees returning from such absences shall be entitled to credit for service prior to the leave. 6.4. Accrual Limitation. Management and Confidential employees are required to take at ]east 75% of their annual vacation accrual as time off each year. All Management and Confidential employees may elect to receive up to 40 hours as cash on the first paycheck in April each year. .The balance not "Iected for cash payment will be added to their cumulative vacation accrual. In no event shall the employee's total vacation accrual exceed twice the amount of the employee's annual accrual without written approval from their Department Head. 6.5. Scheduling. Vacation times shall be scheduled based on the city administrator's or department head's judgement as to the needs of efficient operations. 6.6. Payment on Termination. An employee terminated after six-months employment shall be entitled to prorated payment for accrued vacation leave at the rate as of the date of termination. In the event of death, earned but unused vacation leave shall be paid in the same manner as salary due the deceased employee is paid. . 6.7. Administrative Leave. Exempt management employees may be granted UP to one week of Administrative Leave each July at the discretion of their department head or the City Administrator. The purpose of Administrative Leave is to recognize the extra hours required of exempt managers for which no overtime compensation is afforded. No cash payment will be made for Administrative Leave, and it can only be taken as time off during the year in which it is granted. Administrative Leave must be used by June 30th each year or it will be deemed forfeited. In the event of termination or retirement, no cash payment will be made for Page 7 of 18 Administrative Leave. In the event of a termination, the City may require pro- . rated repayment of Administrative leave at the rate of3.3333 hours for each calendar month remaining in the year after the date of termination. 7. Hours of Work for Confidential Emplovees. 7.1. Workweek. The workweek, to the extent consistent with operating requirements, shall normally consist of five consecutive days as scheduled by the department heads or other responsib]e authority. 7.2. Hours. The regular hours of an employee shall be 8 1/2 consecutive hours, including J/2 hour for a meal period, which shall not be paid. 7.3. Work Schedules. All employees, to the extent consistent with operating requirements, shall be scheduled to work on a regular work shift, and each shift shall have regular starting and quitting times. It shall be the responsibility of the department head to notifY employees of their scheduled shifts, workdays, and hours. 7.4. Rest Periods. A rest period of 15 minutes shall be perinitted for all employees during each half shift, which shall be scheduled by the city in accordance with its determination as to the operating requirements and each employee's duties. 7.5. Meal Periods. To the extent consistent with operating requirements of the respective department, meal periods shall be scheduled in the middle of the work shift. 8. Sick Leave. 8.]. Purpose. Sick leave is provided for the sole purpose of providing financial security to employees and their families. Under no circumstances shall the city grant an employee sick leave with pay for time off from city employment caused by sickness or injury resulting from employment other than with the City of Ashland. 8.2. Accumulation. Sick leave shall be earned for the purpose stated by each employee at the rate of eight hours for each full calendar month of service. Sick leave must be taken for the purposes specified in section 8.3 as condition precedent to any sick leave payment. The maximum accrual cannot exceed 960 hours. Sick leave shall continue to accrue only during leaves of absence with pay. 8.3. Utilization. Employees may utilize their allowance for sick leave when unable to perform their work duties by reason of illness or injury. In such event, the employee shall notify the department head or city administrator of absence due to illness or injury, the nature and expected length of the absence, as soon as possible prior to the beginning of the next scheduled regular work shift, unless Page 8 of 18 unable to do so because of the serious nature of injury or illness. For absences longer than 24 hours, employees shall notify their department head on a daily basis. At the option of the department head or city administrator, a doctor's certificate of illness may be required as a pre-requisite for the payment of sick leave. Non-exempt employees may be granted sick leave for doctor or dental appointments at the discretion of the department head. Such time off shall be charged against sick leave time on an hourly basis. All employees covered by this resolution may be granted the use of sick leave for the illness or injury of a family member in accordance with Oregon Family & Medica] Leave Act (OFMLA), and/or the Federal Family & Medical Leave Act (FMLA), and/or anyone residing at their place of residence. Use of sick leave to care for ill and injured family members is subject to department head review and applicable City policy. The City may request medical documentation before granting paid sick leave for this purpose. 8.4. Integration with Worker's compensation. When injury occurs in the course of employment, the city's obligation to pay'is limited to the difference between any payment received under workers' compensation laws and the employee's regular pay. In such instances, prorata charges will be made against accrued sick leave until sick leave is exhausted. Thereafter, the only compensation will be workers' compensation benefits, if any. 8.5. Sick Leave - Without Pay. Sick leave is provided by the city in the nature of insurance against loss of income due to the illness or injury. No compensation for accrued sick leave shall be provided for any employee upon death or termination of employment, except that upon retirement accumu]ated sick leave will be applied as provided in ORS 238.350. Sick leave shall not accrue during any ]eave of absence without pay. 8.6. Pay for Unused Sick Leave. All Management and Confidential employees may elect to receive 1/3 of their unused annual sick leave accrual (maximum of 32 hours) as cash on their first paycheck in December. If cash payment is not elected, the unused portion of sick leave will be added to cumulative sick leave balance or converted to accrued vacation at the option of the employee. 9. Funeral Leave. An employee may be granted five calendar days funeral leave with regular pay in the event of death in the immediate family of the employee. An employee's immediate family shall include spouse, parent, children, brother, sister, mother-in-]aw, father-in-law, brother-in-law, sister-in-law, grandparent, grandparent-in-Iaw or other relatives living in the same household. Leave with pay, for up to four hours may be granted when an employee serves as a pallbearer. 10. Other Leaves of Absence Page 9 of 18 ] O. 1. Criteria and Procedure. Leaves of absence without pay not to exceed 90 calendar days may be granted upon establishment of reasonable justification in instances where the work ofthe department will not be seriously handicapped by temporary absence of the employee. Requests for such leaves must be in writing. Normally, such leave will not be approved for an employee for the purpose of accepting employment outside the service of the city. 10.2. Jurv Dutv. Employees shall be granted leave with pay for service upon a jury. Employees may keep any payment for mileage, but all other stipends for service musi be paid to the City. Upon being excused from jury service for any day an employee shall immediately contact the supervisor for assignment for the remainder of their regular workday. 10.3. Appearances. Leave with pay shall be granted for an appearance before a court, legislative committee, judicial or quasi-judicial body as a witness in response to a subpoena or other direction by proper authority; provided, however, that the regular pay of such employee shall be reduced by an amount equal to any compensation received as witness fees. 10.4. Required Court Appearances. Leaves of absence with pay shall be granted for attendance in court in connection with an employee's officially assigned duties, including the time required for travel to the court and return to the employee's headquarters. 10.5. Family Medical Leave. Leave in accordance with the Federal Family and Medical Leave Act and the Oregon Family Medical Leave Act shall be granted to employees eligible under those acts and for the purposes described in those acts. Leave may be unpaid or paid as provided in these acts. 10.6. Militarv Leave. Military leave shall be granted in accordance with ORS 408.290. 10.7. Failure to Return from Leave. Any employee who is granted a leave of absence and who, for any reason, fails to return to work at the expiration of said leave of absence, shall be considered as having resigned their position with the city, and the position shall be declared vacated; except and unless the employee, prior to the expiration of the leave of absence, has furnished evidence of not being able to work by reason of sickness, physical disability or other legitimate reason beyond the employee's control. 11. Discipline and Discharl!e. The following section applies only to those employees subject to this resolution who do not have a written individual employment agreement with the city. II. I. Discipline. The city shall abide by the legal requirements of due process prior to taking disciplinary action. Disciplinary action may include the following: Page 10 of 18 (a) Oral reprimand (b) Written reprimand (c) Demotion (d) Suspension (e) Discharge Disciplinary action may be imposed upon any employee for failing to fulfill responsibilities as an employee. Conduct reflecting discredit upon the city or department, or which is a direct hindrance to the effective performance of city functions, shall be considered good cause for disciplinary action. Such cause may also include misconduct, inefficiency, incompetence, insubordination, misfeasance, the willful giving of false or confidential information, the withholding of information with intent to deceive when making application for employment, willful violation of departmental rules or this management resolution, commission of any matter listed in AMC {l3.08.030.B or for political activities forbidden by state law. 11.2. Discharge. An employee having less than twelve months of continuous service shall serve at the pleasure of the city. An employee having continuous service in excess of twelve months shall be discharged only for cause. ] 1.3. Due Process. Due process procedures shall be followed before a suspension without pay, demotion or discharge is imposed upon an employee. Employees, other than those appointed by mayor and city council, may appeal a suspension without pay, demotion or discharge to the city administrator. The city administrator's decision shall be final. 12. Probationary Period. 12.1. New Employee Probationarv Period. The probationary period is an integral part of the employee selection process and provides the city with the opportunity to upgrade and improve the departments by observing a new employee's work, training, aiding new employees in adjustment to their positions, and by providing an opportunity to reject any employee whose work performance fails to meet required work standards. Every new employee shall serve a minimum probationary period of 12 months after which, upon recommendation of the department head, the employee shall be considered a regular employee. The probationary period may be extended upon request of the department head if an adequate determination cannot be made at the end of the probationary period. 12.2. Promotional Probationary Period. An employee promoted into a management or confidential position will be required to serve a six-month promotional probationary period. The city may at any time demote an employee on promotional probationary stat!ls to their previous position with or without cause. Page 11 of 18 13. General Provisions. 13.1. Non Discrimination. The provisions of this resolution shall be applied equally to all employees without discrimination as to race, color, religion, marital status, age, national origin, sex, sexual orientation or disability. 13.2. Other/Outside Employment. Outside employment shall be permitted only with the express prior written approval of the department head or City Administrator. Such written approval shall be documented in the employee's Personnel File. The general principles to be followed by the City in permitting or restricting such outside employment shall be: I. The need for mentally and physically alert City employees; 2. Insulating employees from potential conflict of interest situations; 3. Maintaining efficiency unimpaired by other employment, particularly for those city positions requiring employees to be available for duty 24 hours a day. In the event that the above principles are violated, the department head or City Administrator may revoke previously granted permission to hold outside employment. 13.3. Worker's compensation. All employees will be insured under the provisions of the Oregon State Workers' Compensation Act for injuries received while at work for the city. Compensation paid by the city for a period of sick leave also covered by workers' compensation shall be equal to the difference between the Workers' compensation pay for lost time and the employee's regular pay rate. 13.4. Liabilitv Insurance. The city shall purchase liability insurance in the maximum amounts set forth in ORS 30.270 for the protection of employees against claims against"them incurred in or arising out of the performance of their official'duties. 14. Compensation 14.1. Pay Periods. Employees shall be paid on a bi-weekly basis, on every other Friday. In the event a regularly scheduled pay date falls on a holiday, the preceding workday shall be the pay date. . ]4.2. Compensation - Pay Schedule. Employees shall be compensated in accordance with the pay schedule adopted by resolution of the City Council. When any position not listed on the pay schedule is established, the City Administrator shall designate a job classification and pay rate for the position in accordance with sections 3.08.050 and 3.08.070 of the Ashland Municipal Code. 14.3. Overtime. Exempt management employees are expected to devote whatever time Page 12 of 18 is necessary to accomplish their job. For all non-exempt employees, the city has the right to assign overtime work as required in a manner most advantageous to the city and consistent with the requirements of municipal service and the public interest. 14.4. Form of Compensation. The City Administrator, City Attorney, department heads and division supervisors are not eligible for paid overtime but are allowed compensatory time off at their own discretion depending on the operating requirements of the city. Mid-Level supervisors and confidential personnel shall be compensated in the form of pay at the rate of time and one-half the regular rate for overtime work or given equivalent time off at the option of the city. No employee shall have more than 40 hours of compensatory time on the records at any time. 14.5. Administration of Pay Plan. Employees shall be entitled to pay in accordance with the current salary resolution. In the event of a vacancy, the City Administrator may appoint a new employee at any appropriate step within the pay range. 15. Health. Welfare and Retirement. The city agrees to provide health, welfare and retirement benefits in accordance with Appendix "B" for employees subject to this resolution. 16. Compliance with FLSA. This resolution shall be interpreted in a manner to preserve the exempt status of the city's bona fide administrative, executive, and professional employees, as those terms are used in the Federal Fair Labor Standards Act (FLSA). Such exempt employees shall not have their pay docked or reduced in any manner that would be inconsistent with the salary test set forth in the FLSA and they are not subject to disciplinary suspensions of less than a week except for major safety violations. 17. Effective Date. This resolution shall become effective as of July 01, 201 I. This resolution was read by title only in accordance with Ashland Municipal Code {l2.04.090 duly PASSED and ADOPTED this _ day of June, 201]. Barbara Christensen, City Recorder SIGNED and APPROVED this day of June, 2011. John Stromberg, Mayor Reviewed as to form: Page 13 of 18 David Lohman, City Attorney . Page 14 of 18 APPENDIX n A n Classifications in the Management and Confidential Employee Groups MANAGEMENT EXEqn:IY.E.:MANA.-GEMENT. City Administrator Exempt City Attorney Exernpl Police Chief Exempl Electric Utility Director Exempt Administrative Services/Finance Director Exempt Fire Chief Exempt Public Works Director Exempt Infonnation Technology Director Exempt Community Development Director Exempt DIVISION SUPERVISORS , ~._.._-. Electric Operations Superintendent Exempt Deputy Police Chief Exempt Fire Division Chief(EMS, Fire & Life Safety and Operations Divisions) Exempt Human Resource Manager Exempt Planning Manager Exempt Building Omcial Exempt Public Works Superintendent Exempl Engineering Services Manager Exempt Computer Services Manager Exempl AFN Operations Manager Exempl Accounting Manager Exempt Assistant City Attorney Exempt Strategic Plan Project Manager Exempt Senior Engineer Exempl Management Analyst Exempl Network Administrator Exempt Page 15 of 18 Database Administrator Management Analyst Exempt Exempt Exempt Municipal Court Supervisor Senior Planner Exempt MIQ;LEYEL_ S.Y!':.F::R-VISORS Police Sergeant Non.Exempt Non-Exempt Non-Exempt Non-Exempt Non-Exempt Non-Exempt Non-Exempt Non-Exempt Non-Exempt Non-Exempt Non-Exempt Non-Exempt Non-Exempt Non-Exempt Non-Exempt Non-Exempt Water Tre.atment Plant Supervisor Water Quality and Distribution Supervisor Wastewater & Water Reuse Supervisor Street Supervisor GIS Manager Forest Resource Specialist Maintenance Sa,fety Supervisor Customer Service Supervisor Financial Analyst Risk Management Specialist User Support Coordinator Telecommunications Technician Paralegal Administrative Supervisor CERT Program Coordinator CONFIDENTIAL Executive Secretary Human Resource Assistant Non-Exempt Non-Exempt Non-Exempt Non-Exempt Non-Exempt Legal Secretary Administrative Assistant Receptionist Page 16 of 18 APPENDIX "B" Health. Welfare. and Retirement Benefits The city agrees to provide health, welfare and retirement benefits in accordance with this appendix for employees subject to this resolution. I. Health Insurance. A. Effective August 1, 2008, the City implemented a Preferred Provider option of the existing health plan, Blue Cross/Blue Shield medical Plan V-A. Effective January 1, 2009, the City implemented a change to Blue Cross/Blue Shield medical Plan V-B Preferred Provider Option with a $200 Deductible. The City established an HRA VEBA for each employee covered by this resolution and began contributing I % of salary for the employee to coincide with the January I , 2009 medical plan change. Effective April 1, 2011, the City implemented a change in health benefit providers to Pacific Source Health Care. The Plan was underwritten to provide the same benefit levels as our previous health plan (Blue Cross/Blue Shield medical Plan V-B Preferred Provider Option with a $200 Deductible). The City implemented a change to Pacific Source Vision coverage and employees will be offered the choice of two dental plans-Pacific Source incentive dental which matches the previous ODS Dental Plan, and Willamette Dental Plan. The City provides medical, dental and vision coverage for employees and their eligible dependents. New employees will begin coverage on the first day of the month after they are hired. The City will pay 95% of the total monthly health premium (Medical, dental and vision), with the employee paying the remaining 5% on a pre-tax basis. B. Reimbursement for preventative/wellness medical costs as provided in the city's Wellness Program. 2. Life Insurance. Premiums for the League of Oregon Cities life insurance policy for each employee at one times annual sa]ary. 3. Dependent's Life Insurance. Premiums for the League of Oregon Cities $1,000 life insurance policy for each qualified dependent of an employee. 4. Retirement. As required by law, the city will contribute to the Oregon State Public Employees Retirement System for each employee. Enrollment will commence six months from the date of employment for new employees, unless that person was in PERS immediately before coming to work for the city. Upon retirement, one-half of unused sick Page 17 of 18 leave earned will be applied to retirement as provided in statute. The city will also assume or pay the employees' contributions required by ORS 237.071 for employees at a uniform rate of six percent. 5. Social Security. Contributions to Social Security as required by law. 6. Medical Insurance for Retirees. All employees retiring from city employment and their eligible dependents will have the option of continued participation in the city's medical insurance program at the same monthly group premium as active employees. The retiree must be actively covered under the city's group plan at the time of retirement to be eligible for continued retiree coverage. Retirees must make their health insurance payment to the city on or before the 15th of the month prior to the covered month to continue health coverage. The right to participate and medical coverage ceases when the retiree or their eligible dependent(s) become Medicare-eligible at age 65. Any employee retiring in a position covered by this resolution who has] 5 or more years of service and who is Medicare-eligible at the time of retirement, shall be provided with Blue Cross Preferred Choice 65/ Plan C, or equivalent plan selected by the city. The city will pay the premium for the retiree. The retiree must have been participating in the city's group plan at the time of retirement to be eligible for this benefit. Early retirees who retire in a position covered by this resolution, and have 15 or more years of service, and are at least age 60 at retirement shall receive a monthly check equal to the amount paid for Blue Cross Preferred Choice 65/Plan C, or equivalent plan selected by the city, until they become eligible for Medicare at age 65. The retiree must elected continued retiree coverage under the city's group plan to be eligible for this benefit. Once the retiree turns 65 and establishes Medicare eligibility, the city will pay the premium directly to Blue Cross Preferred Choice 65/Plan C or the equivalent plan selected by the city, on the retiree's behalf. Any employee hired on or after July I, 2008, or hired into management on or after July], . 2008 will not be eligible to receive retiree benefits under this provision. Employees hired on or before June 30, 2008 will continue to be eligible as long as the criteria for benefit eligibility are met. 7. Deferred Compensation. Deferred compensation in the amount of$40.00 per month in matching funds per employee enrolled in a city deferred compensation program. This program is at the option of the employee and contingent upon a minimum $15.00 per month contribution paid by the employee. Page 18 of 18 "\ RESOLUTION NO. 2011- A RESOLUTION AMENDING THE PAY SCHEDULE FOR MANAGEMENT AND CONFIDENTIAL EMPLOYEES FOR FISCAL YEAR 2011-2012. RECITALS: I. The City has an interest in maintaining salary differentials to avoid compression between represented employees and the supervisory/mailagement staff. 2. It is the desire of the City to maintain its management and confidential pay plan at a level commensurate with other jurisdictions to enhance recruitment and retention in these key positions. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION I. The pay schedule is hereby increased for Mid-Management/Supervisory and Confidential employees based on classification and compensation study recommendations effective July 1,2011. SECTION 2. The salary of the Municipal Judge and the City Recorder shall be increased by 1.7829%, which is the weighted average of the adjustments made for Department Heads and Supervisors as set forth in the City Charter. SECTION 3. This resolution takes effect upon signing by the Mayor or City Council Chair. This resolution was read by title only in accordance with Ash]and Municipal Code {l2.04.090 duly PASSED and ADOPTED this _ day of ,2011. Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of ,2011. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 1 of I i!' '" '" .... .... Iii ~ .... '" 15 '" " '" '" '" . ..; ..; ",,' ",,' = ~i '" '" '" '" :6 il. .... N "" ... ~ ,s-e 0. 0. 0. 0. !! Ii " " " " " .. ~ ~ ~ ~ N "" '" .... .... N ., '" N '" N 0 ... .... 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'" '" '" ::i '" .; '" '" N ,.; '" N "," '" N .... N '" .... "," '" N N o '" N 0' .... '" '" '" N '" .. "," '" '" '" .; '" '" "," '" '" N ,.; '" N cri '" N .... N '" .... cri '" - ~ :E <..J ~ u: l; :E u ~ -" "0 C>. 1 ~ i!1 i i ~ ~ ~ .!!' ~ i!1 ~ ~ il c ; 5 ~ :i ~ S i 11 ~~ i!1i!1 ~ ~ il il ~ ;) J i u u i i B ~ - ~ 'E 'E :iI ?: o N .... N N '" i. .... .. g '" oD '" 8 ,.; .. N ... '" 8 cri .. N oD '" ll'o .., ~ " ~ 8 ;;; '" 'u 'E ~ :; .., ~ ii iil ~ ~ .., 8 ~ a:: ?: o .., ~ ii iil CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Public Hearing on Approval of Airport Rate Policy June 21,20]] Primary Staff Contact: Mike Faught Public Works/Engineering E-Mail: faughtm@ashland.or.us Legal Secondary Contact: Scott Fleury Martha Benne Estimated Time: 10 Minutes Question: Will Council approve a resolution titled, "A Resolution Establishing Rates for the Ashland Municipal Airport, and repealing Resolution 10-] 2" as recommend by the Airport Commission? Staff Recommendation: Staff recommends that the City Council approve the Resolution which establishes rates for the Ashland Municipal Airport, and repeals Resolution 10- I 2. Background: One of the Airport Commission's goals is to generate sufficient revenues through fees and rates to operate the Airport with no general fund subsidies. To that end, the Airport Commission is recommending the adoption of the attached fees which increase various hangar, ground lease, tie down, freight and fuel flowage rates. . The Ashland Municipa] Airport, established in 1965, is a City-owned facility consisting of 56 hangars and 120 airplane tie-down spaces. The Airport currently supports approximately 86 aircraft. In addition, the Airport includes fueling, aircraft maintenance and repair facilities operated by Skinner Aviation, the sole fixed base operator (FBO). Airport revenue is generated from hangar rentals, ground leases, fuel flowage fees, tariffs from freight operations, nightly and monthly tie-downs and Specialized Aviation Service Operator (SA SO) agreements. Currently SASO agreements are in place for three companies that perform different commercial operations at the Airport. The FBO is responsible for collecting and monitoring these fees and has been performing this duty since 1993 through contract with the City. The 'City rents 32 hangars on a month to month basis and has ground lease agreements with an additional 14 people. Revenue from the hangar rentals and leases is steady, while the income from tie-downs and fuel flowage is cyclical and fluctuates during the tourist season. . Each spring, the Airport Commission evaluates the existing rates and makes a recommendation to the City Counci] to adjust fees as needed. The current rate policy structure includes rates for the following: . aircraft tie-downs . City owned T-hangars without doors . City owned T-hangars with doors . City owned box hangars with doors and amenities . privately built and owned hangars with a ground lease . privately built hangars that are deeded to the City with a ground lease Page I of2 ~~, CITY OF ASHLAND The City offers two options for hangar construction and ground leasing at the Ashland Airport. One is to build a hangar and keep ownership of the hangar while leasing the ground from the City. The second option is to construct a hangar and deed it to the City and lease the ground for a specified term, typically 20-25 years. The ground lease rates for these options differ by over 50%. In order to develop the 2011 pricing policy, City staff adjusted the rates by the January CPI-U and presented the updates to the Airport Commission for review and recommendation. The Commission approved staffs recommendation and are now presenting them to the City Council for approval. Related City Policies: The City, through its City Council, is empowered to approve rate increases related to City lease rentals. Council Options: . The City Council may decide to'approve the resolution titled, "A Resolution Establishing Rates for the Ashland Municipal Airport, and Repealing Resolution 10- I 2" as recommended by the Airport Commission. . The City Council may decide to modify the Airport rate structure and direct staff to take the modifications back to the Airport Commission for further action. . The City Council may decide to take no action on the proposed resolution and continue collecting Airport fees as outlined in Resolution] 0-12. Potential Motions: . Move to approve the resolution. . Move to modify the resolution and direct staff to take the modifications back to the Airport Commission for further action. Attachments: . Draft Resolution . Rate Sheet 2012 . Airport Commission minutes regarding motion ofrate policy recommendation; May 3, 2011 ,---. Page 2 of2 ~~, RESOLUTION NO. 2011- A RESOLUTION ESTABLISHING RATES FOR THE ASHLAND MUNICIPAL AIRPORT, AND REPEALING RESOLUTION 10-21' Recitals: A. The Airport Commission re.viewed established airport rates and recommended increasing current airport rates. B. The City has determined it is necessary to increase user rates for aircraft hangar rentals, hangar ground leases, freight charges and aircraft tie downs. THE CITY-0F-ASHLAND RESOLVES AS FOLLOWS: SECTION I. Effective July 1,2011, unless otherwise provided by an agreement or lease, the rates shown on "Exhibit A" are established for facilities at the Ashland Municipal Airport. SECTION 2. Classification of the fees specified in Section I ofthis resolution are classified as not subject to the limits of Section I I 8 of Article XI of the Oregon Constitution (Ballot Measure 5). SECTION 3. Resolution No. 10-12 is repealed on the effective date of this Resolution. SECTION 4. This resolution was duly PASSED and ADOPTED this ,201 I, and takes effect upon signing by the Mayor. day of Barbara Christensen, Ci ty Recorder SIGNED and APPROVED this _ day of ,201 I. John Stromberg, Mayor Reviewed as to form: David Loman, City Attorney Page I of 1 Exhibit A The following are revised rates for the airport. The new CPI index (All Urban Consumers) rate is 220.223 (January 2011). The CPI rate increase for this year was 1.6%; half CPI was 0.8%. RATES FOR ASHLAND AIRPORT FACILITIES Julv 1; 2011- JUNE 30, 2012 LEASE TYPE NEW MONTHLY RATES CITY OWNED - RENTALS T-HANGARS WITHOUT DOORS $175.00 T-HANGARS WITH DOORS VINTAGE $214,00 T-HANGARS WITH DOORS CONTEMPORARY $270.00 ' HELICOPTER HANGAR $214.00 BOX HANGAR "SHELL RENTAL" 0,2677 SQ-FT/MONTH lorivatelv built Citv owned) (building footprint) A "Amenities" for any City owned hangar Office Space ,25 SQ-FT/MONTH (office space inside dimension) Bathroom Heat .03 SQ-FT/MONTH (building footprint) . Heat: any upgraded heat source Including gas and electric .01 SQ-FT/MONTH (building footprint) . Building footprint = outside wall dimension MONTHLY TIE-DOWNS" $46,00(SMALL) $57.00 (LARGE) OVERNIGHT TIE-DOWNS" $7.00 (SMALL) $11.00 (LARGE) GROUND LEASE - CITY OWNED HANGARS B GROUND LEASE - NO MINIMUM FOOTAGE 1 g. 5~ /sq ft/yr GROUND LEASE - PRIVATELY OWNED HANGARS C PRIVATELY OWNED GROUND LEASE MINIMUM FOOTAGE 60' X 40' 45.8~ /sq ft/yr HANGAR RESER VA nON FEES T-Hangar - Basic Fee: $100.00; and 75.00 is applied to first month's rent. Ground Lease Space - $2,000.00 Non Refundable space reservation fee. Reservation fee is valid for a period of 2 years at which time can be renewed for an additional 12 months if progress is shown towards deyelooment of a hanoar onsite. SPECIALIZED AVIATION SERVICE OPERATIONS (SASO) FEE (Annual) The square footage of the hangar multiplied by 1.6, multiplied by the current B Ground Lease fee rate. A Hanger keeper will have the square footage of the hangar multiplied by 1.0. multiplied by the current B Ground Lease fee rate. MOBILE SERVICE PROVIDERS (MSP) AIRPORT USER FEE (Annual) Basic Fee: $350.00 for first two employees, plus $25.00 each additional employee for annual operators. $100.00 for Temoorarv MSPs 190 days maximum - not renewable). FREIGHT OPERATION (Follows Medford International Airport adjustments annually) Tariff Rate: $5.83/ 1,000 LBS 'Additional electrical surcharge of $5.00 per month will be added to this amount. ,. Large aircraft defined as a single engine turbo-prop or multi-engined aircraft with a gross certified aircraft weight of 6000 Ibs or oreater Page 1 of 1 ASHLAND AIRPORT COMMISSION May 3'd, 2011 MINUTES , MEMBERS PRESENT: LINCOLN ZEVE, SUSAN MOEN, LARRY GRAVES, BOB SKINNER, DAVID WOLSKE, ALAN BENDER, RlCHARD HENDRJCKSON, JEFF NEILSEN STAFF: SCOTT FLEURY, MIKE FAUGHT MEMBERS ABSENT: DENNIS SLATTERY, LIZ TRIPP Visitors: Paul Mace, Trevor (Sky Research) 1. CALL TO ORDER: 9:30 AM 2. APPROVAL OF MINUTES: AprilS1h, 201 I, motion by Hendrickson for approval, se~ond by Graves, unanimous vote, minutes approved. Additionalltems: 3. Public Forum: No public comment 4. OLD BUSINESS: A. AlP Project Engineering Design/ColUlect Ill: AlP construction started Monday May 2"d, and will last until approximately June 6th with work on the runway, some additional work adjacent to the runway will most likely take place after the runway re-opens. Fleury informs Commission that grindings will be available to fill in dirt areas around existing hangars to keep FOD down to a minimum and that fill dirt will be placed to the east and west of the runway to flatten out existing areas and make them easier to mow. Paul Mace is on hand and would like to know who is responsible for notifying users of airport work including closure activities. Fleury informs Mace that the City has tried to notify users through the FRO billing and posting notice at the FBO office. Commission and Mace state that not all tenants receive a billing from the FBO due to the fact they sublease from another owner or pay a yearly lease fee and not a monthly fee, Fleury states that the City does not have a comprehensive contact list as thc FBO is the focal point for billing and questions at the airport. Wolske would like to see the City develop a masler contact list to use when their will be any impact to airport users. Wolske motions for the City to develop a comprehensive airport users contact list for future use on any and all airport projects, 2nd by Graves. SkilUler slates that he can supply the City with all the contact information he has in order to develop the list. Fleury states that he can create a data base in his outlook softwarc program and also create a mailing label list using said contact information. Commission approves motion by unanimous votc. Graves would also make the recommendation that other users notify people who sublease hangars regarding the runway work and closure period. Commission would like to see everyone contacted personally via a phone call to inform them again of pending closure and availability of tie down spaces in both Medford and Grants Pass during closure pcriod. SkilUler to have Cathy call all users directly over the next day and inform them directly. In addition, Fleury to work on development of master contact list for the City. Commission would like to be notified via emaiJ of the progress towards contacting all users and development of the master list. Fleury to email Commission of progress. Skinner slates that he has issued a Notam that the C:\Documenls and Settings\harshmab\Local Sellings\Temporary Internel Files\Conlenl.OutlookUCS3KCF8\may 3 2011.doc runway is currently active with a new displaced threshold and landing length of2500'. He will release another Notam of the closure at the appropriate time. S. FBO Management -Skinner Lease: As time allows Fleury to draft Skinner lease addendum for review and approval. C. CAP Hangar lease: A majority of the Commission believcs it is the best interest of the City to keep the hangar on site, own it and rent it out for direct montWy income. Zeve believes that the City should not own the hangar directly, but instead if the City obtains ownership of the hangar to hold a reserve auction for the hangar. Skinner believes it would be in the best interest of the City to own the hangar and rent it on a month to month basis similar to what has transpired with the Sandler hangar. Motion by Hendrickson; make a direct offer to the CAP to donate the hangar in lieu of removing from site, 2nd by Skillman. Fleury states that the City is working on drafting a lease amendment to the CUlTent CAP lease that offers the City first rightofrefusal for the hangar and removes the clause of the previous leasc requiring removal of the hangar from the site. Bender abstains tfom vote, approved by all others. Fleury to work with Faught regarding offer and lease amendment offering first right of refusal to the City. 5. NEW BUSINESS: A. Good Neighbor Policy: Zeve infOlTI1S Commission that hc was infOlmed by Brim Aviation there 'will be another allicle in the Sneak Preview regarding the helicopter operations. Graves believes the Commission should formulate a position with regards to the daily operations of the Airport and respond to issues raised in the previous Sneak Preview artiele. Commission asks Skinner about current training session that is going on and he statcs that Brim has trained exclusively offsite during the current session, Skillman believes that the Commission has worked towards development of thc good neighbor policy and have tried to follow it in order to minimize the impact to the surrounding properties by working with operators to train offsite if at all possible and by also raising the tratlic pattern up to a 1000' for the residents of Oak Knoll. In addition, the fly friendly brochure was developed to provide pilots with an understanding of areas they should not fly near if at all possible. Commission chooses to not respond to the Sneak Preview article. Commission believes it best to continue to work with operators in order to minimize impact to the surrounding area. B. Rate Analysis: Fleury asks Commission if they have any questions or comments towards the rate sheet developed that shows an increase relative to the CPl-U of2%. Commission felt comfortable with the rate increase after review and comparison to other similar airports. Zeve motions to accept rate increase and rccommend to City Council for approval, 2nd by Graves, all approved. Fleury asks Commission their view of the required non refundable hangar constlUction deposit as a developer wishes to build a hangar onsite and questions the deposit fee. Fleury states there is no time frame associated with how long the deposit is good for or when it has to be paid. Fleury also states the developer wished to have the fee withdrawn for his proposed development. Commission does not want the fee removed as othcrs have paid it in the past and the money goes directly back into the airport account for maintenance costs. Commission does believe the deposit should have a time frame associated with it so people do not reserve a spot and never build on that site. Motion by Skillman for the deposit to be valid for a 2 year period which can be extended for] more year is the developer shows progress towards actual on site construction, 2nd by Graves, Neilsen opposed all others approve. C. New Commission Members: Fleury informs Conunission that the Mayor has appointed two new members to take the place of DeBoer and Scott, The new members are Elizabeth Tripp and Jeff Neilsen. Commission asks if they have been notified directly. Fleury states that the recorders office sends out letters to the new members infOlming them of their appointment. Commission asks Fleury to verify that new members have indeed been notified. Commission also asks that contact information in the packet be updated to include new Commission members. Existing C:\Documents and Settings\harshmab\tocal Seltings\Temporary Internel Files\Content.Outlook\JCS3KCF8\may 3 2011.doc -' 2 members welcome new members and give a hearty thanks for the work done by exiting members. D. SuperAwos, Fleury states that he was contacted by the FAA due to the fact that the SuperAwos has not been commissioned yet. There is a protocol to follow in order to commission the SuperAwos and Fleury to fmalize paperwork and training related items for the FAA. Fleury also states that the FAA is working towards a remedy on their ability to accept the SuperAwos and add into their existing database for weather systems. E. Sky Research. Fleury informs Commission that he had a preliminary meeting with Ben from Sky Research regarding the construction of another hangar on site to support their business operations. Sky currently has another hangar in Denver and is investigating relocating its personnel to Ashland. Trevor from Sky Research informs the Commission that they are indeed in the research phase with regards to hangar construction at Ashland. Trevor states that if Sky does move forward with hangar construction that it would be another year plus away from a start point with another year of construction. Trevor also states that himself or another representative from Sky will attend Commission meetings as time allows to stay abreast of airport business and also inform.Commission of Sky's future onsite plans. 6. AIRPORT MANAGER REPORT/FBO REPORT/AIRPORT ASSOCIATION: A. Status of Airoort. Financial Report. Review of Safetv Reports: Skinner infOlms Commission that traffic has increased moderately with the better weather. No other information to report, B. Maintenance Updates: Fleury infomls Commission that grindings are'available for dirt areas around hangar and he will work with the Street Department to place grindings as their schedule allows. Fleury also stales that once the ground dries up enough he will have crews on site to chip existing tree debris and remove from site. C. Brown Bag: No brown bag meeting D. Transportation Commission: Wolske has no update with regards to, the Transportation Commission. E. Medford Airport Update: Bender has not update with regards to the Medford Airport other then the Master Plan Update continues to move forward. 7. OTHER: The meeting of the JC airport commission is the third Monday of the month at 12:00 PM. 8. NEXT MEETING DATE: June 7t", 9:30 AM ADJOURN: Meeting adjourned at I 1:24 C:\Documents and Seltings\harshmab\Local Settings\Temporary Internel Files\Content.Outlook\JCS3KCF8\may 3 2011.doc 3 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Public Hearin~ to Set Interim Special Event Fees June 21, 2011 Primary Staff Contact: Ann Seltzer Administration E-Mail: ann@ashland.or.us None Secondary Contact: Mike Faught Martha Benn Estimated Time: 15 minutes Question: Will the Council approve the Interim Special Event Fees listed below and adopt the Resolution? Staff Recommendation: Staff recommends Council approve the Interim Special Event Fees and adopt the Resolution. Background: On May 17,2011 the City Council authorized staff to develop a new Special Event Ordinance and fee schedule and to set a public hearing to consider adoption of interim special event fees. Some of the proposed event fees are less than originally proposed in the May] 7,201 I Council Communication. A Special Event is an organized activity that reroutes or delays the normal flow of pedestrians and traffic, such as parades, races, athletic events or other processions in streets, on sidewalks or pedestrian pathways. This does not include neighborhood residential block parties. The recommended interim special event fees attempt to balance the economic benefit to the community generated by special events and the costs incurred by the city to support the event with street closure, traffic re-routing etc. The recommended fees are based on the overall amount of time for the event, including set -up and take down, and events that charge participants an entry fee. Set-up and staging prior to some events can take up to 2 hours of city staff time; the street is closed for a longer period an inconvenience for the general public and city staff is needed for a longer period of time costing the city more money. An event that charges an entry fee, such as a race, generally does not have the same economic impact as an event that is free, such as a parade, which draws spectators who tend to spend money in the community. Staff recommends the following interim fees: Event Interim Fee Large event four hours or more with an entry fee $1,000 Large event four hours or more and no entry fee $850 Small event less than four hours with entry fee $700 Small event less than four hours and no entry fee $350 Citv snonsored event $0 Page I of2 r~' CITY OF ASHLAND Related City Policies: AMC I I.] 2.050 Temporary Blocking or Closing of Streets Council Options: . Approve the interim special event fees . Do not approve the interim special event fees and I Potential Motions: . I move to approve the Resolution Adopting Interim Fees for Special Events. . I move to deny the Resolution Adopting Interim Fees for Special Events and Attachments: . Resolution Adopting Interim Fees for Special Events. Page 2 of2 ~.l' RESOLUTION NO. 2011- A RESOLUTION ADOPTING INTERIM FEES FOR SPECIAL EVENTS RECITALS: A. Section 11.12.050 of the Ashland Municipal Code authorizes the temporary closure of a City street to traffic when deemed necessary for parades, dances, races, or other special events. B. The City of Ashland has been approving such events for many years, charging the applicant actual city costs including overtime and equipment. C. The number of types of special events is increasing. Such temporary closures can have an impact on city services including Police, Ashland Fire and Rescue, Parks and Recreation and Public Works. D. On May 17,2011 the City Council authorized staff to develop a new Special Events Permit and to implement interim special event fees. E. Special events have an economic benefit to the community and yet can increase the city's costs. The proposed interim special event fees below reflect an average cost-per-type of event that splits the city-incurred expenses between the applicant and the City. F. A Special Event is an organized activity that reroutes or delays the normal flow of pedestrians and traffic, such as parades, races, athletic events or other processions in streets, on sidewalks or pedestrian pathways. This does not include a neighborhood residential block party. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: Section I. The following interim special fees are set forth in Table I and are hereby approved and established. TABLE 1 Event T e Lar e Event four hours or more with Ent Fee Lar e Event four hours or more no Ent Fee Small Event less than four hours with Entry Fee Small Event less than four hours Ent Fee Cit S onsored Event Interim Fee $1,000 $850 tJi) $350 $0 Section 2. This resolution was duly PASSED and ADOPTED this , 20 I I, and takes effect upon signing by the Mayor. day of Barbara Christensen, City Recorder Page 1 of2 , SIGNED and APPROVED this day of ,2011. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 2 of2 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Report on crime and use of force in Ashland June 2],201] Primary Staff Contact: Terry Holderness Police Department E-Mail: holdernet(a2ashland.oLus None Secondary Contact: None Martha Benne Estimated Time: 10 minutes Question: Does the City Council have questions regarding the report of the Police Chief on crime in Ashland and use of force by the Ashland Police Department? Staff Recommendation: Staff recommends that the Council accept the report as submitted by the Police Chief. Background: In 2008 the Council directed the Police Chief to make an annual report to the Council on crime in the City of Ashland and use of force by the police department. Crime rate is based on the number of part one crimes occurring in a jurisdiction. Part one crimes are those that are reported annually to the FBI for inclusion into the Uniform Crime Report. They are Homicide, Rape, Robbery, Aggravated Assault, Burglary, Auto Theft and Larceny. In 2010 the Police Department took 583 reports of part one crimes occurring in the City of Ashland. This is a 4% reduction in part one crime when compared to the 608 part one crimes reported in 2009 and a 23.6% reduction when compared with the 764 part one crimes reported on 2008. In 2010 the Police Department cleared 34% of all part one cases. During 20] 0 the Police Department used force 20 times. In 17 cases the only force used was a control hold or the suspect was taken to the ground. Two cases involved extensive struggles one of those cases involved the use of pepper spray. In one case a suspect was bitten on the ankle by a Medford PD K-9. There were five incidents where suspects complained of minor injury but that did not require medical attention. The suspect bitten by the K-9 was treated for the injury before booking. Five officers received injuries during these incidents three of those injuries were minor and two required extensive medical treatment. The majority of suspects involved in use of force incidents were under the influence of alcohol. During 20 I 0 each officer received a minimum of 25 hours of training related to use of force. . Related City Policies: None Council Options: The Council can accept the report as presented or request the Police Chief provide additional information. Page 1 of2 .... ._, , Potential Motions: Move the council accept the report as presented. Move to request the Police Chief return with additional information. Attachments: None Page 2 of2 CITY OF ASHLAND ~~, CITY Of ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: AFN 2011 Annual Report June 21, 2011 . Primary Staff Contact: Information Tec E-Mail: Secondary Contact: Estimated Time: Rob Lloyd llovdr@ashland.or.us Michael Ainsworth 15 Minutes Question: Does Council have any questions, regarding the AFN 2011 Annual Report? Staff Recommendation: None. This is intended as an informational update. Background: The Ashland Fiber Network Strategic Business Plan includes a requirement that the Information Technology Department update Council on the status of the telecommunications utility twice per year. IT will provide its annual report for Fiscal Year 2011. Staff will review very positive performance on the strategic goals and management objectives set in the Plan. Heading forward, there are also three concerns IT staff must make City Council aware of: (1) The AFN master contract for internet, technology support, telephony, and technology solutions is behind schedule. Changes in the City Attorney's Office affected progress on the draft contract required to release the Request for Proposals to potential vendors. IT expects to release the RFP in July with new legal staff on board. (2) Staff is uncertain if AFN' s television services vendor can continue to perform under the contract awarded at the start of the 2011 calendar. The contract captures AFN's internal costs of supporting television services. However, the vendor's customer counts continue to decline. Customer input to AFN has centered on the vendor's lack of high-definition channels, DVRs, and other advanced features-all of which have been missing since AFN contracted out operation of television services in 2006. Customer counts have declined approximately 46% since the vendor took over. (3) Long-time ISP vendors continue to lose customer volume as a whole. The AFN Annual Report shows two vendors drove losses. Meanwhile, AFN products offered directly to consumers sold extremely well, more than offsetting ISP losses without cannibalizing ISP sales at an equivalent rate. AFN limits total customers to approximately 165 due to staffing capacity and in response to ISP requests to not compete internally. Absent growth on the ISP side, AFN will need to reconsider its position and possibly contract for local support staff to take advantage of customer demand for AFN direct products. Related City Policies: None Page 1 of2 ri.1 CITY OF ASHLAND Council Options: City Council can instruct staff to follow up with information on related items. Potential Motions: None planned Attachments: 2011 AFN Annual Report Page 2 of2 rj.' (2@~~ Annual Report How Ashland Connects Ashland Fiber Network ~ Self-Supporting Community/ Focused Innovative r.l' City of Ashland Introductory Message A Year of Progress Mayor, Council, and City Administrator, On behalf of the City of Ashland Information Technology Depart- ment, staff is pleased to present Ashland Fiber Network's Annual Report for the fiscal year ending June 30, 2011. This report is a positive one and shows many accomplishments towards the goals set in the AFN Strategic Business Plan passed by Ashland City Coun- cil in August 2010. Key progress includes the following: o Staff upgraded infrastructures and effectively met the pre- dicted rise in bandwidth demand. Customer bandwidth use tripled between March 2010 and April 2011. o Costs were successfully controlled. For example, a new con- tract reduced per Mbps bandwidth costs by 74%. As a result, bandwidth costs were less in Fiscal Year 2011 versus 2010. o Revenues grew by approximately $93,000, or 5.1%.' o Marketing initiatives grew total Internet customers by 4% while vacancy rates increased. Current market share is now 46%. o Investment into the network plant was increased to correct growing needs. 2010-2013 funding is triple the 2006-2009 rate. o Debt service contribution is increasing from $356.000 to $409,000 per year, a rise of 15%. Contingency will be doubled to $100,000. Importantly, the progress made is sustainable. Financially and op- erationally, AFN is in position to make further strides in the next two fiscal years. Mission: Provide Ashland with a public telecommunications utility that creates opportunities and enables our citizens, businesses, and municipal government to thrive as a connected community. Strategic Goals AFN management worked with the Mayor, City Councilmembers, and the City Administrator to set the direction for Ashland Fiber Network in mid-20l0. The following goals were incorporated into the AFN Strategic Business Plan, further detailed as AFN's Performance Objectives for 2010-2013. Financial Stability Operate Ashland Fiber Network as a government enterprise. Cover operating expenses and capital needs within the operating budget generated through revenues. Manage products and rates to be competitive with other alternatives in the community. Contribute to City-AFN Debt Service Contribute to the Ashland Fiber Network debt service to minimize the burden on the City's general and other funds to the maximum extent possible. At the same time, do not compromise effective operation and maintenance of AFN as a City asset. Pay 33% and, if possible. 60% of the annual 2004 bond payment as the portion directly attributed. to AFN's start-up costs. Community Access Provide a basic level of access open to all members of the Ashland community at low cost. Com- munity Internet access should include wireless access methods. Community Coverage Complete Ashland Fiber Network to cover 99% of the community's boundaries, minus locations wherein property owners elect not to have Ashland Fiber Network physically present. Contribute to City Operating Costs Pay City of Ashland internal services charges on par with peer departments. Cover AFN's share of attributable expenses to allow tax revenues to go towards primary municipal programs to the maximum extent possible. Performance to Objectives Serve as a self-sustaining public utility . Introduce new products and services to increase revenues to pay for AFN's operations, capital in- vestments. and a set portion of related City debt service. v' Updated products and rates in November. Council approved resolution. Worked with vendors to implement rates to customers for February 1 live date. Revenues increased afterwards. . Stabilize revenues for core business to exceed $1.9 million annually. v' Operating Revenues increased to $1.91 million in Fiscal Year 2011 and are projected to hit $2.06 million in Fiscal Year 2012. . Increase AFN-debt share to at least $460.000 of the City's $1.43 million annual payment by Fiscal Year 2013. v' Increased debt share paid by AFN via Operating Revenues from $3S6,000 to $409,000 in Fiscal Year 2012. Also increasing Contingency to $100,000. o AFN may not attain this goal due to capital needs after many years of under-funded capital in- vestment in the AFN plant. . Reduce bandwidth costs by at least 50% from Fiscal Year 2010 rates. v' Reduced bandwidth rates by 74%, from $7S per Mbps to $19.S0 per Mbps via a procurement and new contract. AFN's customers are consuming almost three times as much bandwidth in May 2011 as they did in March 2010. This initiative was critical to AFN remaining viable. . Reduce overall operating costs by at least S%. o Budget, minus debt paid from Ending Fund Balance, was reduced by 2.1%. Additional savings should net from a reorganization that redeploys the IT Director position. AFN's share of savings may be used to help meet AFN's debt or capital investment needs. . Establish AFN Board. x Applicants have not been relayed by City Recorder and approved by City Council. Serve as a community resource . Build AFN into a central community resource for information. o Redeveloped AFN website. Usage has increased dramatically, but almost entirely from existing customers. . Provide community Emergency Notification System. o IT/AFN and Ashland Fire and Rescue worked with Jackson County to create an Intergovernmental Agreement for a re- gional emergency notification system. Training occurs in June 2011. Marketing will follow to attract enrollees. . Provide a basic level of Internet access to Ashland residents at low-cost. v' Introduced Community Connect product with AFN's new rates and products in February 2011. Cost is $9 per month for 2S6/256 Kpbs download/upload. 60 customers use this service level. . Contribute to Economic Development. o AFN staff communicates with the Ashland Chamber of Commerce and Southern Oregon Re- gional Economic Development Council. Staff serves on the Workforce Development Council. AFN 2011 Annual Report I 3 Drive increase in market share . Charge rates competitive with alternative Internet services in the local area. v' November AFN Rates and Products resolution was approved by City Council and made AFN's prices competitive again with alternate prqviders. Current ISP vendors charge from $9 to $15 more per month over AFN Direct prices, providing email and after-hours support for the addi- tional cost. . Achieve and sustain an Ashland market share of at least SO% of homes. a Customer counts increased from 4,201 in July 2010 to 4,338 at the start of June 2011, a rise of 3.3%. 2010 Census data released in May show vacancy rates in Ashland increased to 9%. From that data, AFN has 45.4% of the Ashland market. up from 41.4% in Fiscal Year 2010. v' AFN's direct-sold wired and wireless internet products grew from 107 customers in July 2010 to 247 at the start of June 2011, an increase of 231%. During the same period, ISP vendor cus- tomer counts decreased from 4,094 to 4,060, a fall of almost 1% . Improve infrastructure to enable Internet service at 98% of Ashland properties at speeds of 1 Mbps or more. v' AFN staff completed Wi Max installation in Fiscal Year 2011, after more than two years of delays for budget and technical reasons. AFN's hybrid wired plant, WiFi network, and WiMax network combine to cover almost 98% of all local addresses. (Note: Some rental complexes do not allow AFN due to contracts with other providers.) . Maintain a customer churn rate of 20% or less. v' Customer churn in Fiscal Year 2011 is just over 18%. Customer losses by Infostructure and Jeff- Net are significantly impacting results. Churn rate may exceed 20% if they do not improve. . Use utilities connections to improve telecommunications customer acquisition resulting in ~t least 300 customer subscriptions per year. .; Initiated in February 2011, joint efforts between IT/AFN and the Administrative Services Depart- ment have resulted in 86 customer referrals to AFN. AFN staff converted 79 into paying cus- tomers, an exceptional conversion rate of 92%. . Provide prices and services that meet or exceed the needs of Ashland citizens and businesses. v' Growth shows the attractiveness of AFN prices and products, especially AFN Direct options. AFN also worked with small businesses to create high-upload products. Positive feedback was sent to Council from two businesses commending these efforts and AFN working with them. x Bundling options were created, but remain underutilized by AFN and its vendors. Provide customer service excellence . Achieve customer service scores at or above 60% rating AFN-related as "Good" to "Excellent" based on surveys. a AFN staff is working to identify a third-party survey agency at reasonable cost in order to re- lease a survey in August/September 2011. . Improve service sign-up and support processes with vendors to capture at least 50% of new service inquiries received by AFN. " Tracking for this goal is not in place between AFN and its ISP vendors. AFN/City rate is 92%. . Ensure infrastructure meets 100% of defined performance and quality metrics. v' AFN met of exceeded all performance goals. Market Share Goal; Increase market share to 53% of Ashland's occupied households by FY2013 60.0% 50.0% 48.1 50.5% 41.0% 40.8% 41.6% 40.0% 30.0% 20.0% 10.0% 0.0% 2007 2008 2009 2010 2011 2012 (Updated) (Proj) 2013 (Proj) aBmIlIlnternet Cu stamers -Cable Customers AFN Revenues by Business Line Goals: Stabilize revenues at ~1.9 million; Reduced exposure to Internet revenues $2.45 $1.95 - $1.45 " .!! ;;; ::!i $0.95 $0.45 -$0.05 2008 2009 $2.06 $2.13 2010 2011 (Updated) 2012 (Proj) . Total Revenue . High-Speed and Business . Wireless III Other . Internet Service . Cable . Consumer Services 15.6% 2013 (Proj) 5000 4500 4000 3500 3000 2500 Internet Despite pressures to remain competitive with alternative providers on a rates basis, revenues increase by almost $80,000 for AFN's Internet business line in Fiscal Year 2011. This is due primarily to the new Rates and Products model feeding growth in total customers. Specifically, increased direct sales to citi- zens and businesses without ISPs drove new revenues. Total Internet Customers 3971 4083 42 2007 2008 2009 2010 2011 2012 2013 (Updated) (Proj) (Proj) ISP vendors had a negative year on market share measures, dropping 30 customers as AFN Direct sales added 140. Since May 30, 2010, only Ashland Home Net grew substantially compared with the previous year, adding 122 customers along with earning higher revenues from the sale of faster products. Computer Country grew by eight customers. Infostruc- ture drove ISP losses in declining by 61 custom- ers year to year. Jeff Net lost 44 in the same period. AFN Direct Customer Counts 300 250 200 150 100 50 o 243 250 24 Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- 10 10 10 10 10 10 11 11 11 11 11 11 ISP Customer Counts 4300 4250 4200 4150 4100 4094 4050 4000 4095 4087 4060 Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Ia 10 10 10 10 10 11 11 11 11 11 11 Based on performance, AFN must consider options to curtail use of ISPs that show no ability to grow. AFN must have Internet connectivity vendors that focus on increasing their AFN customer base and. thereby, the financial health of both their company and AFN. AFN's strongest alternative is to grow direct sales products, as requested by many customers. To date, only AFN's self-imposed cap on direct products for staffing reasons has limited this segment of revenue growth. Changes will be driven by new contracts set for procurement in mid-2011. Under a new partner versus non-partner structure, AFN will focus on providing incentives and making cooperative marketing ef- forts with partners to help them succeed. Business High-Speed Revenues are decreasing in AFN's Business High-Speed line as speeds of cable modem products ap- proach fiber optic products. Small businesses looking for ways to reduce their operational costs are trading the higher speeds and reliability offiber for the lower cost of cable modem services. Addition- ally, Charter Communications and Qwest!Century Unk invested heavily in growing their contracts for business services in 2010 and 2011. Revenues for Business High Speed fell by approximately $18,000, from $195,506 in Fiscal Year 2010 to approximately $177,557 in 2011. However, AFN has also not made a marketing push for Business High-Speed with local businesses in many years at the request of ISP vendors. Beginning in July 2011, AFN will work to increase its Business High-Speed sales via mail and direct advertising to local firms. Internet Vendor-Partners will also be permitted to sell fiber ser- vices for commission under new contracts and the rates resolu- tion passed by City Council at the end of 2010. AFN 2011 Annual Report I 7 Television A new contract for television services was procured in 2011. The awarded vendor, Ashland Home Net. is a local company with business offices south of downtown Ashland. Revenues increased substantially due to contract requirements that the vendor pay for actual cost of services from the City- amounting to a 36%. or $39,400, rise from Fiscal Year 2010. The contract also structures around financial and marketing goals to motivate growth over time. Incentive options in- clude crediting installation and service fees, lower City revenue sharing based Total Ca ble TV Customers on market share, and cooperative ad- 2200 vertising. 2000 1800 1600 1400 1200 1000 Figures from 1Q2011 show AFN's ven- dor is not growing and remains in de- cline. Customer feedback ties this to long-term lack of high-definition and digital channels. not offering digital video recorders, and offering no hard- ware to port shows room-to-room in thei r homes. 1650 1500 2007 2008 2009 2010 2011 2012 2013 (Updated) (Proj) (Pmj) Based on the lack on these options due to absent investment since 2006, as well as falling demand for non-Internet television, AFN must re-evaluate its position in Fiscal Year 2012 with Ashland Home Net. Alternatives assessed must include (1) AFN reclaiming television services to harvest maximum remaining revenues until demand disappears and (2) working with satellite televi- sion vendors to sell wired internet capabilities in Ashland to compliment their television offerings. ~ Ashland Home Net) Services Services is a new business line for Ashland Fiber Network. AFN's master contract request for proposals will solicit for vendors to provide the services listed. Under those contracts, AFN will receive commis- sions or other revenue sharing for generating business for its vendors. Anticipated services include: . Home and Office Computer Setup and Support . Smartphone Setup and Support . IP Telephony (Consumer and Business) . IP Television . Online Storage and Backups . Server Hosting . Home and Office Energy Management . Home and Office Security Systems . Website Design and Hosting . Online Store Design and Hosting . Site Network Design . Wireless Network Solutions for Home and Offices \ Fund Budget From FY2012 City of Ashland Budget Book Revenues Taxes $ 250 $ $ $ $ $ $ ChaJyeS "'" Services 1,709,705 1,805,746 1.818,789 1,882,400 1,908,557 2,058,000 2,132,500 Interest on Investments 29,251 7,945 8,203 4,000 4,000 5,000 15,000 MisceIIaneoosR"""""", 69,788 609 163 500 9,750 2,500 500 Other Financing Sources Interlu1d loan OpeIating T ransf", In T otaJ Revenun 1,808,994 1,814,300 1,827.155 1,886,900 1,920.307 2,063,500 2,148,0110 Expendllu... Personal Services 627,737 5n,458 567,474 874,548 836,184 870,620 698,100 Materials & Services 756,017 622,119 812,435 858,157 870,765 858,959 902,100 Capital auDay 163,417 3,497 67,878 233,500 213,510 140,840 133,500 Debt SeNicelPayment rOl Techoology Debt. 356,000 356,000 356,000 700,000 700,000 409,000 100 000 2m219 1 784 074 1 803 785 50000 518205 2420 439 Acfual "of Final Budget Acfual "of Contingency T ransfem1dlllsed 1803171 88.40" 0.00% 81.91" 81.69" 96.19" 0.00" 0.00 0.00 (94,lm 963 896 BO,226 869 719 23,370 (629,305) (500.132) (113,719) (94.700) 929 945 911 037 953 315 453 183 Bond Debt The City of Ashland issued $15.5 million of bonds in August 2004 to repay borrowing and intra-fund loans used to pay for the creation of Ashland Fiber Network. The Ashland Electric Department used ap- proximately $9 million of the total for construction and $6.5 million for funding initial operations of the new telecommunications utility. The bond debt service consists of General Obligation Bonds backed by the full faith and credit of the Ashland municipal government. Coupon rates range from 3.697% to 6.022%. Annual payments until completion average just under $1.43 million. Final payment is in July 2024. Payment of AFN-Related Bond Debt $30.00 $25.00 $20.00 " &:: $15.00 0 ;: i $10.00 $5.00 $0.00 ~''''~~,r!> ~r!> ~<>~~r!>....sfI ~"~"...~,,,,~,;,,~.,.,,;...,~~ ~....,.,#", ~",,,,,;...q~..<)~.....,#.....~,;..~ "Remaining P+I DP+IPaid by EO FY2012 ~~A'lim!l;1I~D~ New Rates and Products Following are the rates charged by AFN to direct customers (retail) and to ISP vendors (wholesale). AFN Direct I Retail Per Month ~OMMUNI1Y ACCESS Simple Email Activity- 256 Kbps/256 Kbps $9 ~ASIf _ _ __ _ _ M _ __-'ierJera/l,,!e",~ & Minimal Medla~ 1.5 Mpbs/2~6 Kbps _ . $30 'CHOICE Genera/Internet & Maderate Media- 5 Mbps/1 Mbps $35 ~R~;ERRED . .' Genera/lnternet ~;g;;can; Medla- 10 M;pS/2 M;~--;-' $~; - tAMlhYJENl'ERTAINMENT Rel1ul(Jt.wel,J';bMed 7VaifiJIMd"feMewing- 15 Mbps/2MbiJS. $55 GAMERS Advanced Gamer- 20 Mbps/3 Mbps $65 ULTIMATE HOME Premium Hame Package- 25 Mbps/5 Mbps _ $75 SMALL OFFICE HOME OFFICE i SMAU BUSINESS ~DD ON UPLOAD ~DD ON WIRELESS SERVICE ~FNAnYWhere Visitor ~FNAnYWhere IAFNMax Far Higher Two-Way File Tmns!ers, High GB/Manth Bandwidth Limit- 15 Mbps/4 Mbps IP Based Phanes & Website Hasting, HIghest GB/Manth Band- width Limit- 25 Mbps/5 Mbps +5 Mbps Augmented Uplaad Speed Supplementalln-Tawn Mability Access- 3 Mbps/256 Kbps 3-Days Sign-Up- 3 Mbps/256 Kbps Manthly WiFi- 3 Mbps/256 Kbps Manthly WiMax- 5 Mb"s/1 Mb"s $65 $85 $10 $5 $4 $48 $48 ADD ON WIRELESS SERVICE $9 $25 $28 $38 $45 $55 $65 $S3 $73 $S New AFN Website In February 2011, Ashland Fiber Network introduced a new feature-rich web site at www.ashlandfiber.net. The major redevelopment initiative aimed to replace a limited prior site to allow potential customers to sign up for services easily. To date, the site has been a success with both citizens and vendors, resulting in additional business and upgrades that AFN missed in the past. Major en- hancements include the following: . Signup and immediate online capability, if the house is connected to the Ashland Fiber Network plant. The majority of homes in Ashland are connected. . Existing customers can also easily upgrade or downgrade their service to fit their needs and usage. . Vendor tools allow businesses working with AFN to manage internet connectivity, service visits, and disconnections for customers. . User graphs show customers their bandwidth utilization, trends, and overall network performance. . Troubleshooting/help request submittal feature. Ashland Fiber Network .oFN's mission is to provide Ashland with a pUblic telecommunications utility that creates opportunities and enables our citizens, businesses, and municipal QQvemmant to thrive as a connected community. / 8- Product Information 6i You can make changes to your service provider, packaQBs, . and modem information online by dicking on New Customer . or Change Service, under Our Products I \. Get Started /''-'communitv Resources Ashland Weather City of Ashland community Calendar \ ~reQ.on shakespeare Festival ~outhern Oreaon University -. . ", ( Hot Delllls Get Ashland Home Net's -Triple PIIIY- and enjoy cable television, phone, and Internet .. services bundled at discount. , / \ Please call 541-4l38-9207. -~........... -- , / AFN 2011 Annual Report I 13 Annual Report Notes Rates AfN sets rates in accordance with City of Ashland City Council Resolution. The Resolution requires establishment of rates that are reasonably expected to pay operating costs (excluding depreciation and amortization) and a portion of aggregate debt service. The debt service included in rates provides for cost recovery olthe utility plant assets over a period not exceeding the plant's useful life. Accounts Receivables and Termination of Service AfN generally requires payment on accounts within 30 days of billing. Revenue is recognized on an accrual basis. A small number of customers are billed as part of their utilities bill from the City of Ashland. Termination follows the process for utilities disconnects for those accounts. Direct customers paying by credit card are billed on monthly renewal dates. Service is termi- nated If the recurring transaction is not allowed on the credit card registered. Forvendors selling AFN Internet connectivity, con- tracts require payment within 30 days of billing. Vendors that exceed the period may have customer accounts terminated or reas- signed. Operating Expenses Operating expenses and revenues are defined as those directly related to, or incurred in support of, the transmission of data commu- nications to the customers AFN serves. All other expenses and revenues are classified as non-operating. Capital Investment Capital Investment activity maintains the AFN network and plant to offer services demanded by consumers. The annual Investment average for 2010-2013 Is three times the rate of that used 2006-2009. 2006 $3.911 2001 $33.645 2008 $163,411 2009 $3.491 2010 $61,816 2011 $213,510 2012 (Pro" $140,640 2013 (Pro" $133,500 Employee Benefits Costs for employee benefits are projected to continue to rise. The City of Ashland negotiated medical benefits with a 0% increase for Fiscal Year 2012. This is offset by rising Oregon State Retirement costs for government employees. Staffing levels may be affected in the future based on pressures from employee benefits costs to the utility. Concentration of Risk AFN's revenues are derived from four business lines. Ofthe $2.06 million revenues projected for Fiscal Year 2012, approximately 79% will come from Internet Connectivity services. This is a high-risk position. Coupled with long-standing agreements with Internet Ser- vice Provider (ISP) vendors, significant damage to overall revenues could occur if disputes or corporate issues arose for any of the three top ISPs. AFN and City management must continue to contain and otherwise address this risk. Commitments Within the amount paid towards City of Ashland Central Services charges each year, AFN pays $125,000 per year towards City Infor- mation Technology Department staff costs. The employees covered are in the Technology Services Division, which provides approxi. mately .5 full.time equivalents worth of customer support work for AFN. Contingencies Budgeted contingencies were increased in AFN's Fiscal Year 2012 budget to $100,000. In addition to End- ing Fund Balances, the purpose of these funds is to cover emergency needs in the event equipment falls, critical plant needs arise, and for contract disputes. ,'~ '6f~i')'IPf ~;! I :li~ Je (or ,~~~.~'~ ~." ,""-.:i -. .__.i}'~.' . .," r-.. ~........_..,....., .. . ~~ _ ''-: -T).:.~ . ~. :1~-' -....;-::... -';. ..._ -0.;. _...... I' r .... ~1 Ashland Fiber Network Organizational Information Staff Leadership Rob Lloyd. Cia/Director John Stromberg Mayor Michael Ainsworth IT Manager Russ Silbiger* Councilmember/ AFN Board Member Chad Sobotka Senior Network Engineer/ Architect David Chapman. Councilmember/ AFN Board Member Dan Hendrix Senior Network Engineer Greg lemhouse Councilmember Vince Zauskey Customer Service Technician Carol Voisin Councilmember Chris Barber lead Network Technician Dennis Slattery Councilmember Dena Adame Network Technician Michael Morris Councilmember Andy Martinez Network Technician Martha Bennett. City Administrator Criss Garcia Senior IS Analyst/Architect lee Tuneberg CFO/Director . AFN Board Member Citizen Advisors Alan Oppenheimer President Open Door Networks Mark Decker Cia/IT Director Jackson County Priscilla Oppenheimer Educational Advlsor Cisco Systems Donald Mackin (Deceased) Volunteer AFN 2011 Annual Report I 15 " A Message of Thanks Though I will be departing Ashland at the end of June 2011, it is important to note my gratitude to the Mayor and City Council, the City Administrator, our citizens, and the IT /AFN staff for a tremendous year of work. We stabilized services and set a course for AFN that will keep it both financially and operationally heaithy for years to come. That this oc- curred in a relatively short amount of time is testament to the talented people who believe in AFN's mission. Ashland is a remarkable community that deserves good things. I will always be honored that the people of Ashland allowed me to come here and work for them. I hope it was a worthwhile investment on all sides. My family and I have been proud to call Ashland home. If we are lucky, life will see us back here again, one day. Warmest regards, Rob Lloyd ClO/IT Director CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: aDaT Welcome Center Findin~s June 21, 2011 Primary Staff Contact: Public Works E-Mail: Legal Secondary Contact: Martha Benn Estimated Time: Michael R. Faught faughtm@ashland.or.us Doug McGeary 15 minutes Question: Will the City Council approve Findings supporting their prior decision approving, with conditions, ODOr s request to extend City water and sewer services outside of the urban growth boundary to the proposed Siskiyou Welcome Center and Rest Area? Staff Recommendation: Staff has no recommendations Background: At the April 19, 2011 City Council meeting, the City Council, with sole discretion (Water: Resolution No. 97-27 and Sewer Ashland Municipal Code 14.08.031) approved ODOrs request to extend water and sewer services to the proposed Siskiyou Welcome Center and Rest Area. The specifics of the approval are as follows: . Extend a new water service approximately 2,000 feet from a 12" water main on Crowson Road. ODOT estimates non-irrigation use (they are planning on using TlD water for irrigation) to be approximately 1,400 gallons per day or the equivalent of3.7 single family units. The 1,400 gallons/day of potable non-irrigation water has no adverse impact to the capacity of Ashland water system. . Hook up to the existing sewer service lateral that served the' fonner rest area. With upgrades to the Wastewater Plant and the Bear Creek trunk Sewer, the Ashland sewer system can handle the additional flows from the proposed project. The City Council approved extending water and sewer to the proposed Siskiyou Welcome Center and Rest Area with the following conditions: I. Water use from the City of Ashland be limited to potable use only 2. Execution of an IGA that would not provide water and sewer until the Welcome Center and Rest Area was built and the staffing plan funded. 3. Allocate City water for interior domestic uses only and not irrigation 4. A 4-year time limit to begin construction 5. Include an Oregon State Police (OSP) substation On May 11, 20 II, staff provided testimony to the Jackson County Board of Commissioners at the ODOT Rest Area and Welcome Center Remand Public Hearing outlining the council's conditions of approval. Page 1 of2 ~~, CITY OF ASHLAND While the Council voted to extend new water service and hooking into the existing sewer service lateral at the April 19,20] I council meeting, the final step in the process is approving a final order that includes finding and conclusions supporting the council's decision. The findings and conclusions include a reference to the City Charter and Resolution 97-27, reference to State Planning Goal 3, 9, and ] ], a requirement for ODOT to enter into an ]ntergovernmental Agreement (IGA) with the City that includes a requirement for the construct and fund operations for the Welcome Center and Rest Area, to requirements to use the Welcome Center and Rest Area as a Oregon State Police Branch location, not allowing potable water to be used for irrigation and lastly, requiring the construction and staffing of the Welcome Center and Rest Area within four years of the final approval. The conclusion is that "The presence and use of and information distributed by the Siskiyou Welcome Center and Rest Area is likely of benefit to the City of Ashland's tourism economy and surrounding areas and to all those who travel to and visit the City via Interstate 5. Ifdeveloped and operated according to designs and/or conditions agreed to by ODOT and Travel Oregon, negative impacts, if any, to surrounding neighborhoods can be managed in order to address its presence and those visiting and leaving the facility. Therefore, extending service of potable water (not to be used for irrigation) and sewer (utilizing an existing sewer line fixture) is in the interest of and benefit to the City of Ashland." Related City Policies: N()ne Council Options: I. The Council could decide to the Order which approves, with conditions, ODOT's application to extend water services outside of the UGB. 2. The Council could decide to not to approve the Order, which reverses their prior decision to approve ODOT's application to extend water services and hook up to the existing sewer line. 3. The Council could decide to modify the Order. Potential Motions: ]. Move to approve the Order approving, with conditions, ODOT's application to extend water services outside of the UGB. 2. Move not to approve the Order reversing the April 19,2011 decision to approve ODOT's application to extend water service and allow ODOT to hook up to the existing sewer services when the Welcome Center portion of the project is constructed. 3. Approve the Order with the following modifications, Attachments: Draft Order Page 2 of2 ~~, ORDER NO 2011- AN ORDER APPROVING AN OREGON DEPARTMENT OF TRANSPORTATION REQUEST TO THE CITY OF ASHLAND TO EXTEND WATER AND SEWER SERVICE TO THE SISKIYOU WELCOME CENTER AND REST AREA FACILITY LOCATED OUTSIDE THE CITY LIMITS OF ASHLAND Having been fully advised by the record of hearings, facts and conclusions by the City of Ashland Planning Commission (herein incorporated by reference), by City Staff, the Applicant and having heard public testimony related to the Oregon Department of Transportation (ODOT) of its proposed development of the Siskiyou Welcome Center and Rest Area (SWCRA), the City of Ashland Mayor and City Council make the following findings and conclusions oflaw: THE MAYOR AND COUNCIL, ACTING WITHIN ITS POWERS AND AS NECESSARY OR CONVENIENT FOR THE CITY TO CONDUCT ITS MUNICIPAL AFFAIRS, ORDERS AS FOLLOWS: SECTION 1. FINDINGS AND CONCLUSIONS. Finding: The Mayor and Council adopt the record of the City of Ashland Planning Commission pertaining to approval of SWCRA. Finding: The present Mayor and Council adopt the records of previous Mayors and Councils who have been required, since at least 1994, to interpret the City's charter and have acted to address the issue of supplying water and sewer to both private parties and governmental facilities outside the city limits. Finding: ODOT's proposed SWCRA is a governmental facility. Finding: ODOT's proposed development ofSWRCA is outside the City of Ashland (City) limits and Urban Growth Boundary (UGB). Pursuant to communication from Paul Nolte, fonner City Attorney, to City Council: "State law regarding the delivery of water outside the UGB is more liberal. Rules adopted under the Public Facilities and Services Goal, Goal 11 referenced above, provide that local land use regulations may allow the creation or extension of water systems in rural areas so long as newly created systems or extensions are not used to justify higher densities for residential development based on the availability of the water system. (OAR 660-011-0065)" Council Communication, Nolte, p.3 (5/15/2001) Finding: Article XVI, section one of the City of Ashland Charter provides: "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, Page 1 of 4 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 any and all water and water works and water rights now owned or which may hereafter be acquired by said City, for the purpose of supplying the inhabitants thereof with water shall never be rented, sold or otherwise disposed of; nor shall the City ever grant any franchise to any person or corporation for the purpose of supplying the inhabitants of said City with water. (Emphasis added.) Finding: The legal interpretation of Article XVI, section one of the City Charter has been adopted as follows: "The charter language in question was adopted as an amendment to the charter by a vote of the people in May, 1970. The amendment was one among many presented to the voters significantly amending the 1889 charter by replacing it with the 1970 charter. The language was proposed by the Charter Revision Committee for 'protection of the City Water System.' Thus the language was proposed in order to protect the water system sale or disposal. At the following election in November, 1970, other charter amendments were submitted to the voters. The city council resolution proposing the new amendments described the May charter amendment as providing "that, the water works. . . should never be rented, sold, or otherwise disposed of." This same resolution adopted a ballot title for the November, 1970 amendments as follows: 'Purpose: To amend Article XVI, Sections I and 5, of the 1889 Charter of the City of Ashland, as amended, by providing that the electrical power, water and sewer system shall never be rented, sold, or, otherwise disposed of, without a vote of the people. . . In other words, the charter provision was perceived before and after its adoption to protect the system from sale, not to restrict the sale of water to only city inhabitants. The import' of the charter language is that the water works or system shall never be sold, not the water." Memorandum, Power of City to Sell Water Outside City, Paul Nolte to Mayor and City CounCil, 5/16/1994. Conclusion: City of Ashland Charter and the City of Ashland Resolution 97-27 permit water connection to governmental facilities outside the city limit. Finding: The City provides water rates and historically has sold and presently and regularly sells water to both private parties and governmental and/or commercial facilities outside the city limits. Finding: City of Ashland sewer waste systems and water supply systems have adequate capacity to accommodate additional flows from the SWRCA facility. Conclusion: ODOT must obtain State Planning Goal 3, 9, and I I approvals before city will extend sewer and water facilities to service the development. Page 2 of 4 Finding: ODOT with the likely assistance of Travel Oregon (Oregon Tourism Commission) is agreeable to and is intent upon fully funding the construction and operation of the SWCRA. Finding: The drafting and execution of an intergovernmental agreement between ODOT and the City that ensures funding of construction and operation of the SWCRA before extension of sewer and connection of water services is necessary for the city public interest. Conclusion: Prior to any construction or development of the SWCRA, staff of the City Public Works will draft an intergovernmental agreement between ODOT and the City that ensures funding of construction and operation that is acceptable to the Mayor and Council. Finding: The State Police considers the SWCRA to be in a prime patrol tactical zone for Siskiyou Mountain 1-5 traffic and the OSP is agreeable to and is intent upon using the SWCRA as a branch location for department use. Finding: Providing potable water to supply the SWCRA irrigation needs is not in the city public interest and can be addressed by present legal authority. "The isslie of providing water outside the UGB, such as to the proposed state welcome center, was raised in the discussion of the water curtailment amendments. The co.uncil was concerned about how the city might enforce water curtailment measures outside the city limits. Since the initial adoption of the water curtailment ordinance, water contracts for delivery of water outside the city limits have included provisions making the water consumer subject to water curtailment provisions. Failure to comply with water curtailment laws allows the city to terminate the contract and therefor the service." Council Communication, Nolte, p.1 (5/]5/200 I) Finding: Four years to complete development and begin operation of SWCRA is an adequate time period for ODOT performance and is necessary to ensure ODOT diligent performance toward completing the project. Conclusion: The presence and use of and information distributed by the Siskiyou Welcome Center and Rest Area is likely of benefit to the City of Ashland's tourism economy and surrounding areas and to all those who travel to and visit the City via Interstate 5. If developed and operated according to designs and/or conditions agreed to by ODOT and Travel Oregon, negative impacts, if any, to surrounding neighborhoods can be managed in order to address its presence and those visiting and leaving the facility. Therefore, extending service of potable water (not to be used for irrigation) and sewer (utilizing an existing sewer line fixture) is in the interest of and benefit to the City of Ashland. Section 2. ORDER. THE CITY OF ASHLAND MAYOR AND COUNCIL HEREBY ORDER: Page 3 of 4 (tJ)f1' I (fL3t<P IY\ Approval of ODOTs application to extend for water and sewer contingent upon Welcome Center being built, water use from the City of Ashland be limited t~se only and adequate funding for maintenance and staffing with a four year limit to~ent. . This ORDER was duly PASSED and ADOPTED this 19th dav of Ap<il, :1QI I, and takes effect upon the signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of June, 201 I. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 4 of 4 CITY Of ASHLAND Council Communication Adoption ofFindin~s for Plannin~ Action #2010-01611 June 21, 20 II Primary Staff Contact: Derek Severson Community Development E-Mail: derek.severson@ashland.or.us Legal Secondary Contact: Maria Harris Martha Bennet Estimated Time: 10 minutes Meeting Date: Department: Secondary Dept.: Approval: Question: Does the City Council wish to adopt the findings to formalize the Council's decision on the 260 First Street appeal (P A 20 I 0-0 1611)? Staff Recommendation: Staff recommends that the Council adopt the attached findings. Background: At its June 7, 2011 meeting the City Council denied an appeal by neighbor Philip Lang of the Planning Commission's previous approval of a request to convert an existing 614 square foot home into a 599 square foot retail store, with a new 447 square foot residential addition attached to the rear of the existing structure, for the property located at 260 First Street. Dr. Lang's appeal identified five grounds for appeal of the Planning Commission's decision; these grounds were identified by reference to other materials provided by Lang to the Planning Commission prior to their decision and already found in the record and were not restated in the appeal request. Upon review, the Council found that the appeal request failed to meet the requirement to clearly and distinctly identify the grounds for appeal in the appeal request and could be rejected solely on that basis; however, the Council also considered each of the five grounds for appeal individually and found that in each case there was substantial evidence in the record to uphold the Planning Commission's decision. Related City Policies: Not applicable. Council Options: I. Adopt the findings. 2. ModifY the findings. The 120-day deadline for a final decision of the City is June 18,2011. Potential Motions: I. Move to adopt the findings as presented. 2. Move to adopt the findings with the following modifications.... Attachments: · Proposed findings detailing the June 7, 2011 decision by the City Council. . Planning Commission Findings The full record of Planning Action #2010-01611 is available on-line at: http://www.ashland.or.us/260first . Page I of 1 ~4. ....11 BEFORE THE CITY COUNCIL OF THE CITY OF ASHLAND June 21,2011 IN THE MA TIER OF AN APPEAL ON THE RECORD OF THE PLANNING COMMISSION'S APPROVAL OF PLANNING ACfION #201 0-D1611, A REQUEST FOR SITE REVIEW AND CONDITIONAL USE PERMITS TO CONVERT AN EXISTING NON-HISTORIC, NON-CONlRIBUTING 614- SQUARE FOOT RESIDENCE INTO A 599-SQUARE FOOT RETAIL STORE WITH A 447-SQUARE FOOT RESIDENTIAL ADDlTION TO THE REAR FOR THE PROPERTY LOCATED AT 260 N, FIRST ST. IN ADDITION, THE APPLICATION INCLUDES A REQUEST FOR A VARIANCE TO THE OFF- STREET PARK1NG REQUIREMENTS TO PROVIDE ONLY ONE OFF-STREET PARKING SPACE WHERE THREE ARE REQUIRED, ANDAN ADMINISTRATNE V ARlANCE TO THE SITE DESIGN AND USE STANDARDS TO REDUCE THE REQUIRED FIVE-FOOT LANDSCAPE BUFFER BETWEEN PARKING AREAS AND PROPERTY LINES, APPLICANTS: Melissa Syken and Patricia Way ) ) ) ) ) ) FINDINGS, ) CONCLUSIONS, ) & ORDERS ) ) ) ) ) ) ) This matter came before the City Council as an appeal on the record pursuant to Ashland Land Use Ordinance (ALUO, or AMC, Ashland Municipal Code) 18,108.110. The Planning Commission approved the application for Site Review, Conditional Use Permit, Variance to the Off-Street Parking requirements, and Administrative Variance to the Site Design and Use Standards' "Parking Landscaping and Screening Standards" subject to conditions pertaining to the appropriate development of the site at their regular meeting of March 8, 2011, An appeal request was timely received on April 27, 201 I from Philip C. Lang, a neighboring property owner. SCOPE OF THE APPEAL: ALUO 18,] 08,1] 0,A,2 requires that each appeal set forth "a clear and distinct identification of the specific grounds for which the decision should be reversed or modified, based on identified applicable criteria or procedural irregularity," To identify the grounds for appeal, Dr. Lang referenced a submittal he had p~eviously provided during his testimony before the Planning Commission. These grounds were not restated in the appeal request, and a copy of the originally submitted materials detailing the grounds was not provided with the appeal request. The item referenced was part of the record and specific objections to the proposal were clearly listed therein as follows: I) Failure to meet the permitted uses in the R-2 District (as detailed in AMC 18,24.020); 2) Failure to meet the Conditional Uses in the R-2 District (as detailed in AMC 18.24,030); 3) The proposal cannot provide adequate parking and will further worsen the current parking situation; 4) The proposal will adversely affect livability in the immediate area; 5) Failure to nieet the requirement that the site be located on a street having a fully-improved sidewalk on at least the side occupied by the business (as detailed in AMC 18.24,020). The Council finds that this attempt to incorporate appeal issues by reference to other documents, without clearly and distinctly identifying the appeal issues in the appeal request or providing copies of the documents PA #2010-01611 June 21", 2011 Page 1 referenced with the appeal request, is not a sufficiently clear and distinct identification of the grounds for which the decision should be reversed or modified based on identified applicable criteria or procedural irregularity as required in the code, and as such the appeal request is itself rejected, However, given that the objections referenced by Dr. Lang within the record were themselves clear and dislinct, and reference applicable criteria, the Council believes that if the matter were to come before the Land Use Board of Appeals (LUBA) on appeal from the appellant, it is entirely possible that LUBA would refer the matter back to the City to address the specific items referenced by Dr. Lang, As such, while the Council finds that the appeal fails to meet the requirements for an appeal on the record as detailed in AMC 18.] 08.1 ] O,A.2 and is therefore rejected on that basis, the Council also believes that it is appropriate to make specific findings addressing the five issues Dr. Lang references in his appeal request, and Council review of the Planning Commission's decision will be limited to these five issues, A. OVERVIEW OF APPLICATION, RELEVANT APPROVAL CRITERIA and COUNCIL PROCEEDINGS: I. The subject property is identified as tax lot #1500 of Map 39 ]E 09 BA, and is located at 260 FilSt Street, within the Ashland Railroad Addition historic district and is zoned Low Density Multi- Family Residential (R-2), 2, The applicants requested a Conditional Use Permit and Site Review 10 convert an existing historic, non-contributing 6] 4 square foot residence into a 599 square foot retail store, with a 447 square foot residential addition to the rear of the property located at 260 First Street. In addition, the applicants are seeking a Variance to reduce the number of required off-street parking spaces, Three off-street parking spaces are required however given requirements for a disabled person parking place with the required aisle adjacent to the space the applicants are only able to provide one off-street parking place due to the lot's 25-foot width, An Administrative Variance to the Site Design and Use Standards' Parking Lot Landscaping & Screening Standards is also requested to reduce the required five-foot landscape buffer between parking areas and property lines, The proposal, including the design for the renovations and proposed addition, is outlined on the plans on file at the Department of Community Development. 3, The criteria for Site Review approval are described in Chapter 18,72.070 as follows: A All applicable City ordinances have been met or will be met by the proposed development, 8, All requirements of the Site Review Chapter have been met or will be met, C, The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter, D. 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. All improvements in the street right-of,way shall comply with the Street Standards in Chapter 18,88, Performance Standards Options, 4) The criteria for and Administrative Variance to the Site Design and Use Standards are described in Chapter ]8,72,090 as fullows: PA #2010-01611 June 21", 2011 Page 2 A. There is a demonstrable difficulty in meeting the specific requirements of the Site Design Standards due to a unique or unusual aspect of the proposed use of a site; B, Approval of the variance will not substantially negatively impact adjacent properlies; C, Approval of the variance is consistent with the stated purpose of the Site Design and Use Chapter; and D. The variance requested is the minimum variance which would alleviate the difficulty. 5) The criteria for a Variance are described in Chapter 18,100,020 as follows: A. That there are unique or unusual circumstances which apply to this site which do not typically apply elsewhere, B, That the proposal's benefits will be greater than any negative impacts on the development of the adjacent uses; and will furlher the purpose and intent of this ordinance and the Comprehensive Plan of the City. C, That the circumstances or conditions have not been willfully or purposely self-imposed, 6) The criteria for a Conditional Use Permit are described in Chapter 18.1 04,050 as follows: A. That the use would be in conformance with all 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 transporlation can and will be provided to and through the subject properly. 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 livability of the impact area shall be considered in relation to the target use of the zone: 1, Similarity in scale, bulk, and coverage, 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 qualify, including the generation of dust, odors, or other environmental pollutants, 5, Generation of noise, light, and glare, 6, The development of adjacent properlies as envisioned in the Comprehensive Plan, 7, Other factors found to be relevant by the Hearing Authority for review of the proposed use, 7. The City Council, following proper public notice, held a public hearing on June 7, 2011 to consider the appeal, at which time testimony was received and exhibits were presented, The City Council rejected the appeal request for failing to provide a clear and distinct identification of the grounds for appeal as required in AMC 18,108,11 0,A2 because the request identified grounds for appeal by reference to other items found elsewhere in the record and did not clearly and distinctly identify PA #2010-01611 June 21", 2011 Page 3 these grounds in the appeal request The Council also reviewed each of the five referenced grounds for appeal and denied the appeal on each of the five points, finding that there was substantial evidence in the whole record to support the Planning Commission's decision, The Council reaffirmed the Planning Commission's approval, and approved the application for Site Review, Conditional Use Permit, Variance to the Off-Street Parking requirements, and Administrative Variance to the Site Design and Use Standards' "Parking Landscaping and Screening Standards" subject to conditions pertaining to the appropriate development of the site B. COUNCIL FINDINGS ON APPEAL I. Failure to meet the permitted uses in the R-2 District (as detailed in AMC 18.24.020) As noted above, there are five specific grounds for appeal in this case, The first appeal ground asserts that the proposal fails to meet the permitted uses in the R-2 zoning district as detailed in AMC 18,24,020, In considering the appeal request as to this ground, the Council noted that the request considered by the Planning Commission was not for a permitted use, and the application itself was not reviewed or approved in terms of it being a permitted use, The Planning Commission's approval was granted based on the proposal meeting the general Conditional Use Permit criteria found in AMC 18. I 04,050 and specific requirements for retail commercial uses located within dwelling units in the Railroad Historic District found in AMC 18.24.030, The Planning Commission approval included conditions of approval imposed by the Commission to ensure that implementation of the proposal would comply with applicable requirements for a Conditional Use, The Planning Commission made the following findings on pages 60-62 of the record: The Planning Commissionjinds that the use would be in conformance with all standards within the zoning district and in conformance with relevant Comprehensive plan policies, with the exception of the required parking and associated landscape buffers between parking areas and property lines, have been met or exceeded for development in the historic R-2 district. Variances to address the parking and landscape buffers are addressed in the relevant sections of these findings, The Planning Commission finds 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. The property is currently served by a four-inch water main, a six-inch sanitary sewer main, and a twelve-inch storm drain located in the First Street right-of-way. The Public Works/Engineering Department has indicated that these facilities, which already serve the existing home, are adequate to serve the proposed commercial use and residence, Existing electrical service is a 200-amp overhead service dropped from a nearby pole, The Electric Department has indicated that changes to the existing service may be necessitated due to the conversion of uses on the parcel, and a condition has accordingly been included to require that the applicant develop a final electrical service plan to be approved by the Electric Department prior to the submillal of building permits, and thatn PA #2010-01611 June 21", 2011 Page 4 any necessary electrical service upgrades be provided at the applicants' expense, The Planning Commission further finds that First Street is classified as a residential neighborhood street and is currently improved with paving. curbs. and gutters in place, The west side of the street along the Ashland Food Co-Op's frontage is improved with sidewalks, street trees. and 14 angled parking spaces, On the east side of the street. along the subject property's frontage. sidewalk installation is now under contract by the City through a current "Miscellaneous Concrete" project scheduled for completion in the immediate future, Sidewalks will be in place prior to commencement of the proposed retail use, , The Commission finds that the proposed 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, As previously noted. the subject property is a legal non-conforming lot that was created prior to current zoning regulations, As a legal lot of record in a multi-family (R-2) zoning district. the substandard 2.300 square foot lot size has a target use of one residential unit, The Commission finds that the standards which allow for small scale retail uses within dwelling units in the Ashland Railroad Addition historic district have been crafted to ensure that small scale retail uses within dwelling units will not overpower or overshadow the residential character of the existing residences or their neighborhoods, Such businesses are allowed to be no greater than 600 square feet in total area. including all storage and accessory uses. and shall be operated only by the occupant of the dwelling unit and the equivalent of one half-time employee who works up to twenty-jive hours per week. These small scale retail uses with Railroad District dwellings are also to be designed to serve primarily pedestrian traffic. and are to be located on a street having a fully improved sidewalk on at least the side occupied by the business, The Commission finds that to fully comply with AMC 18.24,030,1, retail commercial uses in a dwelling unit within the Railroad Historic District must be integrated with the residential unit. and to ensure compliance with this requirement a condition has been added to require that a door providing a clear connection between the proposed retail and residential spaces be provided on the plans submitted for building permit, With this condition in place, the Commission finds that the proposal meets the requirements for a small scale retail use within a dwelling unit with the Railroad District, The Commission finds that this block of First Street is located in a transitional area , , between the more intense commercial uses concentrated along A Street. and the established residential neighborhoods of the Ashland Railroad Addition historic district, Properties to the west and north of the subject property are zoned Employment (E-1). with established businesses in place including the Ashland Food Co-Op. Plexis. Ace Hardware. and DJ's Video, To the south and east are the residentially-zoned neighborhoods of the Railroad Addition Historic District, The Commission further finds that the small scale retail use to be located within a dwelling unit as proposed in the current application seems well-suited to the transitional nature of this block of First Street, PA #2010-01611 June 21",2011fPage 5 The Commission finds that over time, the existing structure has seen modifications to its siding and windows to the degree that it no longer retains sufficient integrity to reflect its historic period of development, The home as it exists seems to present a relatively weak side elevation to the street, which when combined with the existing fencing between the building and the street, give it little or no presence in the streetscape, The exterior physical improvements proposed for the structure are similar to the existing siding and trim of historic homes in the area, and consistent with other recent renovations in the neighborhood. The proposed conversion to retail involves raising the roof peak and adding a new door and windows, and the Commission/inds that these improvements will substantially enhance the building's sense of entry and presence within the streetscape, rendering it more in keeping with the Site Design and Use Standards and specifically the Historic District Design Standards, and more compatible with the surrounding neighborhood. The Commission further finds that proposed use will not create any adverse environmental impacts such as dust, odors, air quality; or any additional generation of noise, light or glare, The Commission finds that the small proposed retail space will serve largely as a secondary destination due to its close proximity to the Ash/and Food Co-Op and other commercial uses within the district, and will generate primarily pedestrian traffic from people already shopping elsewhere in the vicinity. With regard to the first ground for appeal, the Council finds that the application was not requested as a permitted use, and that the Planning Commission neither considered nor approved the application as a permitted use. The proposal was for a Conditional Use Permit and the Planning Commission considered and approved the application on that basis, The Council finds that there is substantial evidence contained within the whole record to support the findings of the Planning Commission, and hereby adopts the identified Planning Commission findings from pages 60-62 in the Planning Commission record for the current application, as referenced above, with regard to the first ground for appeal. The Council concludes that the Planning Commission's decision with regard to this ground should be upheld, and this ground for appeal should be denied, 2. Failure to meet the Conditional Uses in the R-2 District (as detailed in AMC 18.24.030); The second ground for appeal asserted by the appellant was that the proposal failed to meet the Conditional Uses in the R-2 zoning district as detailed in AMC 18.24,030. In considering this ground for appeal, the Council noted that the request involves a small retail commercial use located within a dwelling unit within the Railroad Historic District. Ashland's Land Use PA #2010-0161] June 21", 2011 Page 6 Ordinance explicitly provides for such uses through a Conditional Use Permit process in AMC 18.24,030,1. The requirements for such uses are described as follows: Retail commercial uses located in a dwelling unit within the Railroad Historic_District approved by the City Council. Such business shall be no greater than six hundred (600) sq. ji, in total area, including all storage and accessory uses, and shall be operated only by the occupant of the dwelling unit uses, and the equivalent of one (1) half ('h) time employee (up to twenty-jive (25) hours per week). Such use shall be designed to serve primarily pedestrian traffic, and shall be located on a street having a fully improved sidewalk on at least the side occupied by the business, The street shall be a fully improved street of residential City standards or greater, The Planning Commission considered the request as a Conditional Use Permit based on these requirements and the applicable criteria in 'AMC 18.104,050, and made the following findings on pages 60-62 of the record: The Planning Commission jinds that the use would be in conformance with all standards within the zoning district and in conformance with relevant Comprehensive plan policies, with the exception of the required parking and associated landscape buffers between parking areas and property lines, have been met or exceeded for development in the historic R-2 district, Variances to address the parking and landscape buffers are addressed in the relevant sections ofthesejindings, The Planning Commission jinds 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, The property is currently served by a four-inch water main, a six-inch sanitary sewer main, and a twelve-inch storm drain located in the First Street right-of way. The Public Works/Engineering Department has indicated that these facilities, which already serve the existing home, are adequate to serve the proposed commercial use and residence. Existing electrical service is a 200-amp overhead service dropped from a nearby pole, The Electric Department has indicated that changes to the existing service may be necessitated due to the conversion of uses on the parcel, and a condition has accordingly been included to require that the applicant develop a jinal electrical service plan to be approved by the Electric Department prior to the submittal of building permits, and that any necessary electrical service upgrades be provided at the applicants' expense, The Planning Commission further jinds that First Street is classified as a residential neighborhood street and is currently improved with paving, curbs, and gutters in place, The west side of the street along the Ashland Food Co-Op 's frontage is improved with sidewalks, street trees, and 14 angled parking spaces, On the east side of the street, along the subject property's frontage, sidewalk installation is now under contract by the City through a current "Miscellaneous Concrete" project scheduled for completion in the immediate future, Sidewalks will be in place prior to commencement of the proposed retail use, PA #2010,01611 June 21",2011 Page 7 The Commission finds that the proposed 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, As previously noted, the subject property is a legal non-conforming lot that was created prior to current zoning regulations, As a legal lot of record in a multi-family (R-2) zoning district, the substandard 2,300 square foot lot size has a target use of one residential unit, The Commission finds that the standards which allow for small scale retail uses within dwelling units in the Ashland Railroad Addition historic district have been crafted to ensure that small scale retail uses within dwelling units will not overpower or overshadow the residential character of the existing residences or their neighborhoods, Such businesses are allowed to be no greater than 600 square feet in total area, including all storage and accessory uses, and shall be operated only by the occupant of the dwelling unit and the equivalent of one half-time employee who works up to twenty-flve hours per week. These small scale retail uses with Railroad District dwellings are also to be designed to serve primarily pedestrian traffic, and are to be located on a street having a fully improved sidewalk on at least the side occupied by the business, The Commission finds that to fully comply with AMC 18,24,030.1, retail commercial uses in a dwelling unit within the Railroad Historic District must be integrated with the residential unit, and to ensure compliance with this requirement a condition has' been added to require that a door providing a clear connection between the proposed retail and residential spaces be provided on the plans submitted for building permit, With this condition in place, the Commission finds that the proposal meets the requirements for a small scale retail use within a dwelling unit with the Railroad District, The Commission finds that this block of First Street is located in a transitional area between the more intense commercial uses concentrated along A Street, and the established residential neighborhoods of the Ashland Railroad Addition historic district, Properties to the west and north of the subject property are zoned Employment (E-I), with established businesses in place including the Ashland Food Co-Op, Plexis, Ace Hardware, and DJ's Video, To the south and east are the residentially-zoned neighborhoods of the Railroad Addition Historic District. The Commission further finds that the small scale retail use to be located within a dwelling unit as proposed in the current application seems well-suited to the transitional nature of this block of First Street, The Commission finds that over time, the existing structure has seen modifications to its siding and windows to the degree that it no longer retains sufficient integrity to reflect its historic period of development. The home as it exists seems to present a relatively weak side elevation to the street, which when combined with the existing fencing between the building and the street, give it little or no presence in the streetscape. The exterior physical improvements proposed for the structure are similar to the existing siding and trim of historic homes in the area, and consistent with other recent renovations in the neighborhood. The proposed conversion to retail involves raising the roof peak and PA #2010,01611 June 21", 2011 Page 8 adding a new door and windows, and the Commission finds that these improvements will substantially enhance the building's sense of entry and presence within the streetscape, rendering it more in keeping with the Site Design and Use Standards and specifically the Historic District Design Standards, and more compatible with the surrounding neighborhood. The Commission further finds that proposed use will not create any adverse environmental impacts such as dust, odors, air quality; or any additional generation of noise, light or glare, The Commission finds that the small proposed retail space will serve largely as a secondary destination due to its close proximity to the Ashland Food Co-Op and other commercial uses within the district, and will generate primarily pedestrian traffic from people already shopping elsewhere in the vicinity, , The Council finds that the Planning Commission considered Dr. Lang's objections, which were provided during public testimony to the Planning Commission and restated by reference in the appeal request, in reaching their decision, and ultimately found that the proposal satisfied the applicable requirements for a small retail use within a dwelling in the Railroad Historic District detailed in AMC 18.24.030.1 and for Conditional Use Permit approval found in AMC 18.104.050, The Council can find no specific lack of evidence, and no factual or procedural error of law with the decision and none has been clearly and distinctly identified by Dr. Lang in the objections referenced, and as such the Council denies this second point of opposition to the proposal. The Council finds that there is substantial evidence contained within the whole record to support the findings of the Planning Commission, and hereby adopts the identified Planning Commission findings referenced above,and found on pages 60-62 of the Planning Commission record for this application, The Council concludes that the Planning Commission's decision with regard to this ground should be upheld, and this ground for appeal should be denied, 3, The proposal cannot provide adequate parking and will further worsen the current parking situation; The third ground for appeal is that the proposal cannot provide adequate parking and will further worsen the current parking situation, In considering this third ground for appeal, the Council noted that the application does include a request for a Variance to the off-street parking requirements to reduce off-street parking provided from the three spaces that would be required without a Variance to provide only one space, The Commission's findings on this issue are found on pages 59-60 of the record and are as follows: The Planning Commission finds that vehicular access is being proposed at the front of the property off of First Street, and due to the size of the proposed retail space (599 sq, fi.), two off- street parking spaces are required in addition to the single off-street parking space required for a residential unit of this size, As a commercial use, one of the three required off-street spaces is required to be a disabled person parking place with an PA #2010,01611 June 21", 2011 Page 9 adjacent van-accessible aisle; this requirement is based not only within the land use ordinance but also within applicable state and federal laws under the Americans with Disabilities Act (ADA), Given the narrow 25-/00t lot width, the site is only able to accommodate the single disabled person parking place and adjacent aisle, and a Variance to reduce the three required parking spaces to only provide a single parking space on site (a 66 percent reduction in the parking requirement) is required. The Commission further jinds that while the applicants have expressed an interest in providing the disabled person parking space within the adjacent right-of-way in order to accommodate two off-street parking spaces within the front yard, both the Building and Engineering Departments who review such requests for compliance with applicable local, state and federal regulations have identified difficulties with accommodating the disabled person parking space within the right-of-way in terms of both the technical details of providing an accessible route from the right-of-way to the business entran,ce and in terms of requiring a disabled person to exit a vehicle in an area with significant amounts of commercial traffic already occurring. The Commissionjinds that there are unique or unusual circumstances which apply to the site which do not typically apply elsewhere in that the lot's width, which is only 25(eet, is prohibitive from entirely complying with parking space requirements, The minimum lot width for a lot accommodating less than two units within the district is 50 feet, and generally lots within the city are required to have at least a 40 foot frontage along a public street, AMC 18,92,055 also identifies the redevelopment of existing commercial and residential buildings for commercial use within the Ashland Historic District as an exceptional circumstance and unusual hardship for the purposes of granting a Variance to parking, and the Commission jinds that his hardship combined with the lot's 25-foot width represent unique of unusual circumstances which have not been self-imposed. The Commissionjinds that the applicants propose to provide double the required amount of bicycle parking for the proposal, with one rack to be provided in front of the building, and another to be provided in the shed at the rear of the property, In addition, the Commission jinds that the reducing the parking requirement by 66 percent will encourage a small start-up business through the allowance for a mixed-use arrangement on the property, and that this will increase the vitality of the neighborhood as well as providingfor substantial physical improvements to the existing home, The Commission approves a Variance to reduce the off-street parking requirement for the proposal by 66 percent; of the three off-street parking spaces typically required for the proposal, only one off-street space is to be required. The'Commission recognizes that the ultimate determination as to whether the one off-street parking space to be provided on site is to be a disabled person parking place or a standard parking place will be subject to the requirements of both the Public Works and Building Divisions, PA #2010,01611 June 21",2011 Page 10 The Commission further finds that if the disabled person parking space can be accommodated within the adjacent right-o.fway or elsewhere off-site within two blocks of the subject property to meet the state and federal regulations, then only one standard space would need to be provided on-site and the required landscape buffer between the space and the property line could accordingly be increased to the extent allowed by the final approved parking space configuration, In the event that the Building and Public Works Departments are unable to approve the placement of a disabled person parking space off site, the required ADA-accessible space would need to be installed on off-street; in this case the Commission finds that it would be preferable that the parking space use as a disabled person parking place be limited only to the proposed business's hours of operation, with the space to be made available to residents of the connected dwelling , during off-hours, Conditions have been included to require that the final placement and installation of parking places shall be subject to the review and approval of the Public Works, Building and Planning Divisions, The Council finds that the Planning Commission considered the applicants' requested parking Variance in light of the appellant's original objections, which were provided during testimony and which have merely been restated here by reference with the appeal, and determined that the necessary Variance was ultimately merited based on a thorough review of the details of the request in light of applicable Variance criteria found in AMC 18,100, In particular, the Council notes that the Planning Commission recognized the lot's substandard 25-foot width, which was insufficient to accommodate a single disabled-accessible parking space with the associated aisle, accessible route and full landscape buffers, and lack or alley access as unique or unusual circumstances which necessitated a Variance, and found that with approval the proposal would lead to the creation of a start-up business that would increase the vitality of the surrounding neighborhood while leading to substantial improvements to the existing building, The Council finds that the appeal fails to point to a specific lack of evidence, or to a factual or procedural error of law for which that decision should be reversed. The Council further finds that there is substantial evidence contained within the whole record to support the decision of the Planning Commission, The Council hereby adopts these findings, as referenced above and found on page 59-60 of the record, The Council concludes that the Planning Commission's decision with regard to this appeal ground should be upheld, and this ground for appeal should be denied, 4. The proposal will adversely affect livability in the immediate area; The fourth ground for appeal is that the proposal will adversely affect livability in the immediate area. In his objections to the proposal, Dr. Lang asserts that the conversion of the existing residence to a retail space will lead to more traffic, and hence more noise and congestion and thus adversely affect the quality of life for surrounding residences, In considering this item, the Council noted the following findings of the Planning Commission, found on pages 61-62 of the record: The Commission finds that the proposed Conditional use will have no greater adverse PA #2010-01611 June 21", 2011 Page II 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, As previously noted, the subject property is a legal non-conforming lot that was created prior to current zoning regulations, As a legal lot of record in the R-2 zoning district, the substandard 2,300 square foot lot size has a target use of one residential unit, The Commission finds that the standards which allow for small scale ~retail uses within dwelling units in the Ashland Railroad Addition historic district have been crafted to ensure that small scale retail uses within dwelling units will not overpower or overshadow the residential character of the existing residences or their neighborhoods, Such businesses are allowed to be no greater than 600 square feet in total area, including all storage and accessory uses, and shall be operated only by the occupant of the dwelling unit and the equivalent of one half-time employee who works up to twenty-jive hours per week. These small scale retail uses with Railroad District dwellings are also to be designed to serve primarily pedestrian traffic, and are to be located' on a street having a fully improved sidewalk on at least the side occupied by the business, The Commission finds that to fully comply with AMC 18,24,030,1, retail commercial uses in a dwelling unit within the Railroad Historic District must be integrated with the residential unit, and to ensure compliance with this requirement a condition has been added to require that a door providing a clear connection between the proposed retail and residential spaces be provided on the plans submitted for building permit, With this condition in place, the Commission finds that the proposal meets the requirements for a small scale retail use within a dwelling unit with the Railroad District, The Commission finds that this block of First Street is located in a transitional area between the more intense commercial uses concentrated along A Street, and the established residential neighborhoods of the Ashland Railroad Addition historic district, Properties to the west and north of the subject property are zoned Employment (E-l), with established businesses, in place including the Ashland Food C()-Op, Plexis, Ace Hardware, and DJ's Video, To the south and east a're the residentially-zoned neighborhoods of the Railroad Addition Historic District, The Commission further finds that the small scale retail use to be located within a dwelling unit as proposed in the current application seems well-suited to the transitional nature of this block of First Street, ' The Commission further found on page 62 of the record that: The Commission further finds that proposed use will not create any adverse environmental impacts such as dust, odors, air quality; or any additional generation of noise, light or glare, The Commission finds that the small proposed retail space will serve largely as a secondary destination due to its close proximity to the Ashland Food Co-Op and other commercial uses within the district, and will generate primarily pedestrian traffic from people already shopping elsewhere in the vicinity, PA #2010-01611 June 21", 2011 Page 12 The Council finds that after considering the appellant's objections, which were raised during testimony before the Planning Commission and merely restated here with the appeal, the Planning Commission found that the nature of the specific requirements for small scale retail uses within dwelling units' in the Railroad Historic District were such that impacts to the livability and character of the impact zone were minimized, The requirements for these small scale retail uses within residences specifically limit the size of the retail uses to no more than a 600 square foot area within the residence and require that they be occupied by the business owner with no more than one half-time employee, that they be located on a street having fully- improved sidewalks on the business side, and that they be primarily pedestrian-oriented business, The Planning Commission further found that the small size of the building, type of business, and location in the Railroad Addition historic district took full advantage of existing pedestrian traffic and thus minimized traffic impacts, The Commission noted that the use proposed was likely to serve as a secondary destination to the adjacent co-op and surrounding E-I uses and would be primarily pedestrian oriented. The Planning Commission det~rmined that the use would be in keeping with the transitional nature of the block, that the improvements would enhance the sense of entry, street presence and render the building more compatible with its surroundings, and that in terms of noise, light and glare, the scale and nature of the use would no more adverse material impact than would a single family residence. The Planning Commission ultimately found the proposal to satisfy the requirements for small scale retail uses within residential dwellings in the Railroad district along with the criteria for Conditional Use Permit approval, with the imposition of conditions requiring that there be a door provided between the residential and retail portions of the home to better integrate the two uses within the structure and that any modifications to'the proposed use or conditions of its operation be reviewed through the Conditional Use Permit process to ensure continuing compliance with these requirements, and made findings accordingly, The appellant has shown no factual or procedural error which would merit the reversal of the decision, The Council concurs with the findings of the Planning Commission above, and hereby adopts these findings as to this appeal ground, as referenced above and found on pages 61-62 of the Planning Commission record for this application. The Council finds that there is substantial evidence contained within the whole record to support the findings of the Planning Commission on this matter. Accordingly, the Council concludes that the Planning Commission's decision with regard to this ground should be upheld, and this ground for appeal should be denied, 5, Failure to meet the requirement that the site be located on a street having a fully-improved sidewalk on at least the side occupied by the business (as detailed in AMC ]8.24.030). The final ground for appeal is that the proposal fails to meet the requirement that the site be located on a street having a fully-improved sidewalk on at least the side occupied by the business, as detailed in AMC 18.24,030, In considering this item, the Council noted AMC 18,24,030,1 detailing the Conditional Use requirements for retail commercial uses located within dwelling units in the Railroad Historic District requires that the site be located on a street having a fully-improved sidewalk on at least the side occupied by the business, The Council further PA #2010,01611 June 21", 2011 Page 13 noted that while there was no sidewalk in place at the time of the Planning Commission's decision, the Planning Commission was aware that sidewalk installation was under contract by the City through a "Miscellaneous Concrete" project and was slated for installation in the immediate future, The Council notes that in considering the Conditional Use, Pennit request in light of these circumstances and requirements the Planning Commission found, on page 6] in the record, as follows: The Planning Commission further finds that First Street is classified as a residential neighborhood street and is currently improved with paving, curbs, and gutters in place, The west side of the street along the Ashland Fopd Co-Op 's frontage is improved with sidewalks, street trees, and 14 angled parking spaces, On the east side of the street, along the subject property's frontage, sidewalk installation is now under contract by the City through a current "Miscellaneous Concrete" project scheduled for completion in the immediate future, Sidewalks will be in place prior to commencement of the proposed retail use, The Council finds no lack of evidence or factual or procedural error of law here as the Planning Commission reasonably determined that, because the sidewalks were under contract by the City for completion in the immediate future and would be in place prior to commencement of the proposed retail use, the requirement was satisfied, The Council concurs with these findings, and hereby adopts them as to this appeal ground, as referenced above and found on page 6] of the Planning Commission record for this application, The Council finds that there is substantial evidence contained within the whole record to support the findings of the Planning Commission on this matter. Accordingly, the Council concludes that the Planning Commission's decision with regard to this ground should be upheld, and this ground for appeal should be denied. C. DECISION Based on the record of the Public Hearing on this matter, and on the findings set forth above, the City Council concludes first that the appeal request failed to clearly and distinctly identifY grounds within the request, as required by code, and is rejected on that basis, However, the Council also finds it appropriate to consider the decision of the Planning Commission based on the five grounds for appeal referenced in the appeal request to avoid a potential remand by LUBA and in doing so finds that there is substantial evidence contained within the whole record to support the findings of the Planning Commission with regard to each of the five grounds for appeal, and hereby adopts the identified Planning Commission findings in their entirety. Those findings are appended to this Final Decision as Appendix A, The City Council accordingly finds that the Planning Commission's decision should be upheld, and denies the appeal as to the appeal request itself and all five of the individual appeal grounds contained therein, The Council reaffirms the Planning Commission's approval of a Conditional Use Permit and Site Review to convert an existing historic, non-contributing 6] 4 square foot residence into a 599 square foot retail store, with a 447 square foot residential addition to the rear of the property; Variance to reduce the number of required off-street parking spaces from three to one; and an Administrative Variance to the Site Design and Use Standards' Parking Lot Landscaping & Screening Standards to reduce the required five-foot landscape buffer between parking areas and property lines with the conditions below which were attached PA #2010-0t611 June 21", 20t 1 Page 14 to the Planning Commission's original approvaL 1) That all proposals of the applicant shall be conditions of approval unless otherwise modified herein, The approval being granted is specific to the proposal being requested, including the specific business being proposed and the requirement that the business owner reside in the residential unit on the property, If the proposed use of the site, including the nature of the business or business-owner occupancy on site is changed, a modification of the Conditional Use Permit shall be submitted and approved prior to implementing any changes to the approved proposaL 2) That the plans submitted for the building permit shall be in substantial conformance with those approved as part of this application. If the plans submitted for the building permit are not in substantial conformance with those approved as part of this application, an application to modify the Site Review and Conditional Use Permit approval shall be submitted and approved prior to issuance of a building permit. 3) That all recommendations of the Historic Commission from their March 2, 201] meeting shall be conditions of approval, where consistent with applicable standards and with final approval by the Staff Advisor. 4) That the applicants shall explore the possibility of further extending the eave on the south side of the building to cover the bicycle parking area next to the front door. 5) That the applicants shall obtain required fence and sign permits prior to the modification of fencing or installation of signage, Fencing shall be consistent with the general requirements of AMC 18,68, and signage shall be limited to that allowed for Conditional Use Permits in the R-2 zoning district in AMC 18.24 and 18, I 04, 6) The Planning Commission is supportive of placement of the ADA-accessible space within the right-of-way, if possible, within two blocks of the subject property, In the event that the Building and Public Works Departments are unable to approve the placement of an ADA- accessible parking space within the First Street right-of-way as proposed by the applicants, the required ADA-accessible space shall be installed within the front yard and the Commission is supportive of its use as an ADA-accessible space being limited to business hours with it to be made available to residents of the connected dwelling unit during off-hours, Final placement and installation shall be subject to the review and approval of the Public Works, Building and Planning Divisions, 7) The Commission has approved a Variance to reduce the off-street parking requirement for the proposal by 66 percent; of the three off-street parking spaces typically required for the proposal, only one off-street space is to be required, The Commission recognizes that the ultimate determination as to whether the one off-street parking space to be provided on site is to be ADA- accessible or a standard space will be subject to the requirements of the Public Works and Building Divisions. If the space must be ADA-accessible, the Commission suggests limiting its use to business hours, with the space to revert to use by residents of the site during off-hours, Additional landscape buffers shall be provided to the extent allowed by the final approved parking space configuration, 8) That the building plan submittals shall include: a) Solar setback calculations demonstrating that all new construction complies with Solar PA #2010-01611 June 21",2011 Page 15 , Setback Standard B in the formula [(Height - 16)1(0.445 + Slope) = Required Solar Setback] and elevations or cross section drawings clearly identifying the highest shadow producing point(s) and their height(s) from the identified natural grade, b) Lot coverage calculations including all building footprints, driveways, parking, and circulation areas. Lot coverage shall be limited to no more than the 65 percent allowed in the R-2 zoning district. c) An electric design and distribution plan including load calculations and locations of all primary and secondary services including transformers, cabinets and all other necessary equipment. This plan must be reviewed and approved by the Electric Department prior to the submittal of the building permit, and all transformers and cabinets shall be located in areas least visible from streets, while considering the access needs of the Electric Department. d) That exterior building materials and paint colors shall be consistent with those described in the action, compatible with the surrounding area and identified in the building permit submittals, Very bright or neon paint colors shall not be used in accordance with Il-B-6a) of the Multi-Family Site Design and Use Standards, e) That a door providing a connection between the proposed retail space and the associated dwelling unit shall be provided and identified in the plans submitted for the building permit. 9) That prior to the issuance of a building permit: a) That the requirements of the Ashland Fire Department including that a fire department connection shall be provided and that adequate fire flow shall be provided shall be satisfactorily addressed, Fire flow requirements are to be determined based on area calculations using the final building plan submittals, 10) That prior to the issuance of a certificate of occupancy: a) That the required off-street parking shall be installed and maintained in permeable pavers as proposed by the applicants, b) That a new driveway curb cut shall be installed to serve the proposed parking in the front yard under permit from the Public Works Department. Concrete colors used shall be consistent with the Ashland Historic District concrete standards, and the driveway width shall be the minimum necessary to serve the required parking installed. The applicant shall obtain all necessary Public Works inspection approvals for work within the right-of- way prior to the issuan'ce of a certificate of occupancy, c) That all exterior lighting shall be directed on the property and shall not directly illuminate adjacent proprieties. Light fixture type and placement shall be clearly identified in the building plan submittals. PA #20tO-01611 June 2t", 2011 Page 16 d) That the electric services shall be installed according to the approved plan, inspected and approved prior to the issuance of a certificate of occupancy, e) The inverted u-racks shall be used for the bicycle parking. All bicycle parking shall be installed in accordance with design and rack standards in ] 8,92.040.1 and J prior to the issuance of the certificate of occupancy, The building permit submittals shall verify that the bicycle parking spacing and coverage requirements are met in accordance with ] 8,92,040,1. ]f bicycle parking is to be provided in garages, final interior dimensions of garages shall be provided to insure adequate space needs and signage clearly identifying the spaces as limited to bicycle parking shall be provided, f) That the screening for the trash and recycling enclosure shall be installed in accordance with the Site Design and Use Standards prior to the issuance of a certificate of ,occupancy, An opportunity to recycle site of equal or greater size than the solid waste receptacle shall be included in the trash enclosure in accordance with ]8.72.1 ]5.8. June 2], 2011 Date John Stromberg, Mayor City of Ashland PA #2010-01611 June 21",2011 Page 17 APPENDIX A. Adopted Findings 'of the Planning Commission's April 12, 2011 Decision PA #2010-01611 June 21", 2011 Page 18 BEFORE THE PLANNING COMMISSION April 12'", 2011 IN THE MATTER OF PLANNING ACTION #2010-01611, A REQUEST FOR SITE REVIEW APPROVAL AND A CONDITIONAL USE PERMIT TO CONVERT AN EXISTING NON-HISTORIC, NON-CONTRIBUTING 614- SQUARE FOOT RESIDENCE INTO A 599-SQUARE FOOT RETAIL STORE WITH A 447-SQUARE FOOT RESIDENTIAL ADDITION TO THE REAR OF THE PROPERTY LOCATED AT 260 NORTH FIRST STREET, IN ADDITION, THE APPLICATION INCLUDES A REQUEST FOR A VARIANCE TO THE OFF- STREET PARKING REQUIREMENTS TO PROVIDE ONLY ONE OFF-STREET PARKING SPACE WHERE THREE ARE REQUIRED, AND AN ADMINISTRATIVE VARIANCE TO THE SITE DESIGN AND USE STANDARDS TO REDUCE THE REQUIRED FIVE-FOOT LANDSCAPE BUFFER BETWEEN PARKING AREAS AND PROPERTY LINES. APPLICANTS: Melissa Syken and Patricia Way --------------------------------------------------------------------------------------------------------.----- RECITALS: ) ) ) ) ) FINDINGS, ) CONCLUSIONS, ) & ORDERS ) ) ) ) ) ) ) ) 1) Tax lot #1500 of Map 39 IE 09 BA is located at 260 First Street, within the Ashland Railroad Addition historic district and is zoned Low Density Multi-Family Residential (R-2). ' 2) The applicants are requesting a Conditional Use Pennit and Site Review to convert an existing historic, non-contributing 614 square foot residence into a 599 square foot retail store, with a 447 square foot residential addition to the rear of the property located at 260 First Street. In addition, the applicants are seeking a Variance to reduce the number of required off, street parking spaces, Three off-street parking spaces are required however given requirements for a disabled person parking place with the required aisle adjacent to the space the applicants are only able to provide one off-street parking place due to the lot's 25-foot width, An Administrative Variance to the Site Design and Use Standards' Parking Lot Landscaping & Screening Standards is also . requested to reduce the required five-foot landscape buffer between parking areas and property lines. The proposal, including the design for the renovations and proposed addition, is outlined on the plans on file at the Department of Community Development. 3) The criteria for Site Review approval are described in Chapter 18.72.070 as follows: A. All applicable City ordinances have been met or will be met by the proposed development, B, All requirements of the Site Review Chapter have been met or will be met. C, The development complies wfth the Site Design Standards adopted by the City Council for implementation of this Chapter, PA #2010,01611 April 12, 20 1I Page I D, That adequate capacity of City facilities for water, sewer, paved access to and through tha development, electricity, urban storm drainaga, and adequate transportation can and will be provided to and through the subject property, All improvements in the street right-of-way shall comply with the Street Standards in Chapter 18,88, Performance Standards Options, 4) The criteria for and Administrative Variance to the Site Design and Use Standards are described in Chapter 18,72.090 as follows: A. There is a demonstrable difficulty in meeting the specific requirements of the Site Design Standards due to a unique or unusual aspect of the proposed use of a site; B, Approval of the variance will not substantially negatively impact adjacent properties; C, Approvat of the variance is consistent wffh the stated purpose of the Site Design and Use Chapter; and D, The variance requested is the minimum variance which would alleviate the difficulty, 5) The criteria for a Variance are described in Chapter 18.100,020 as follows: A. That there are unique or unusual circumstances which apply to this site which do not typically apply elsewhere, B, That the proposal's benefits will be greater than any negative impacts on the development of the adjacent usas; and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City, C, That the circumstances or condffions have not been willfully or purposely self-imposed, 6) The criteria for a Conditional Use Permit are described in Chapter 18.104,050 as follows: A. That the use would be in conformance with all 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, Whan evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone: 1, Similarity in scale, bulk, and coverage, 2, Generation of traffic and effects on surrounding streets, Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacffy of facitities, 3, Architectural compatibility with the impact area, 4, Air quality, including the generation of dust, odors, or other environmental pollutants, 5, Generation of noise, light, and glare, PA #2010,01611 April 12, 2011 Page 2 6, The development of adjacent properties as envisioned in the Comprehensive Plan. 7, Other factors found to be relevant by the Nearing Authority for review of the proposed use, 7) The Planning Commission, following proper public notice, held a public hearing on March 8th, 20 II at which time testimony was received and exhibits were presented. The Planning Commission approved the application for Site Review, Conditional Use Permit, Variance to the Off-Street Parking requirements, and Administrative, Variance to the Site' Design and Use Standards' "Parking Landscaping and Screening Standards" subject to conditions pertaining to the appropriate development of the site, Now, therefore, the Planning Commission of the City of Ashland finds, concludes and recommends as follows: SECTION 1, EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used, Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with a "P" Opponent's Exhibits, lettered with an "0" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M" SECTION 2. CONCLUSORY FINDINGS 2.1 The Planning Commission finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received, 2.2 The Planning Commission finds that all applicable city ordinances, with the exception of the required parking and associated landscape buffers between parking areas and property lines, have been met or exceeded for development in the historic R-2 district. Variances to address the parking and landscape buffers are addressed below. The Commission further finds that there currently exist sufficient public utilities to service the proposed commercial and residential uses, The property is served by a four-inch water main, a six-inch sanitary sewer main, and a twelve-inch storm drain located in the First Street right-of- way, The Public Works/Engineering Department has indicated that these facilities, which already serve the existing home, are adequate to serve the proposed commercial and residential uses. The existing electrical service is ,a 200-amp overhead service dropped from a nearby pole; the Electric Department has indicated that changes to the existing service may be necessitated due to the conversion of uses on the parcel. A condition has accordingly been included requiring PA #2010-01611 April 12, 2011 Page 3 the applicants to develop a final electrical service plan to be approved by the Electric Department prior to the submittal of building permits, with any electrical service upgrades necessary to be provided at the owner's expense. The Commission finds that First Street is classified as a residential neighborhood street. The Commission finds that the First Street right-of-way between A and B Streets is 70 feet in width, and that the current improvements in place include curbs, gutters and paving along the subject property's frontage, The west side of the street along the Ashland Food Co-Op's frontage is improved with sidewalks, street trees, and 14 angled parking spaces, Sidewalk installation on the east side of the street, along the subject property's frontage, is under contract by the City through a current "Miscellaneous Concrete" project which is scheduled for completion in the immediate future, The Commission finds that under the Site Design & Use Standards, buildings are to have their primary orientation to the street and to be within 20 feet from the right-of-way upon which they front. The proposed use and associated building modifications improve the street side fa~ade by increasing the roof peak, enclosing the lean-to porch, removing the existing non-conforming fence in the front yard, and providing landscaping and pavers in the front yard as well as greatly enhancing the building's sense of entry and presence in the streetscape, An accessible route from the new curbside sidewalk along First Street will lead to the front door, Between the front yard parking area and the structure, there are to be two bicycle parking spaces in accordance with city standards, No street trees are proposed with the application; the lot is only 25 feet in width and the existing trees within the right-of-way at either side of the property are found to satisfy the street tree spacing standards, 2.3 The Planning Commission finds that the application includes a request for an Administrative Variance to the required five-foot landscape buffer between parking areas and property lines, The subject property has a pre-existing non-conforming width of only 25 feet, and with the likelihood that a disabled person parking place will need to be accommodated on site along with the accompanying aisle adjacent to the space and an accessible route, the required five-foot landscape buffer cannot be provided within the available lot width, The applicants propose to place a three-and-a-ha1f foot wide ramp adjacent to the north property line, and a three-and-a-half foot landscape buffer between the accessible route ramp and the proposed parking areas, No landscaped buffer is proposed adjacent to the south property line. The Commission finds that this configuration is the minimum Variance necessary and all that can be accommodated with the lot's narrow width, and that the proposed buffer strip breaks up the visual impact of the property's front yard being mostly paved due to address parking requirements, The Commission further finds that the applicants' proposal to offset impacts of the amount of paving, by using permeable pavers in place of the standard asphalt or concrete, is an appropriate means to mitigate the visual impacts of the prominent placement of the paved area within the front yard and the location of the site within an historic district. PA #2010,01611 April12,2011 Page 4 The Commission finds that the lot's narrow width along the street frontage justifies the requested Administrative Variance to reduce the required landscape buffer between the proposed parking and the property line, The Commission further finds that approval of the Administrative Variance is consistent with the stated purpose of the Site Design and Use Chapter which calls for reducing the adverse effects of development on surrounding property owners and the general public while creating a business environment that is safe and comfortable and enhancing the environment for walking, cycling, and mass transit use; and ensuring high quality development is maintained throughout the City, Conditions have been recommended below to require that permeable pavers or other similar be ,used for the proposed parking spaces, as proposed by the applicants, to minimize visual impacts of paving in a manner that is compatible with the historic district; that the width of the curb cut be minimized to only as wide as is necessary to allow vehicular access to the ADA-accessible parking space; and that if the disabled person parking space can ultimately be accommodated off site within the adjacent right of way, that the width of the required landscape buffer between the parking space and the property line be increased accordingly. 2.4 The Planning Commission finds that vehicular access is being proposed at the front of the property off of First Street, and due to the size of the proposed retail space (599 sq, ft,), two off- street parking spaces are required in addition to the single off-street parking space required for a residential unit of this size, As a commercial use, one of the three required off-street spaces is required to be a disabled person parking place with an adjacent van-accessible aisle; this requirement is based not only within the land use ordinance but also within applicable state and federal laws under the Americans with Disabilities Act (ADA), Given the narrow 25-foot lot width, the site is only able to accommodate the single disabled person parking place and adjacent aisle, and a Variance to reduce the three required parking spaces to only provide a single parking space on site (a 66 percent reduction in the parking requirement) is required, The Commission further finds that while the applicants have expressed an interest in providing the disabled person parking space within the adjacent right-of-way in order to accommodate two off-street parking spaces within the front yard, both the Building and Engineering Departments who review such requests for compliance with applicable local, state and federal regulations have identified difficulties with accommodating the disabled person parking space within the right-of,way in terms of both the technical details of providing an accessible route from the right- of-way to the business entrance and in terms of requiring a disabled person to exit a vehicle in an area with significant amounts of commercial traffic already occurring, The Commission finds that there are unique or unusual circumstances which apply to the site which do not typically apply elsewhere in that the lot's width, which is only 25 feet, is prohibitive from entirely complying with parking space requirements, The minimum lot width for a lot accommodating less than two units within the district is 50 feet, and generally lots within the city are required to have at least a 40 foot frontage along a public street. AMC 18,92,055 also identifies the redevelopment of existing commercial and residential buildings for commercial use within the Ashland Historic District as an exceptional circumstance and unusual ~ PA #2010,01611 April 12, 2011 Page 5 hardship for the purposes of granting a Variance to parking, and the Commission finds that his hardship combined with the lot's 25-foot width represent unique of unusual circumstances which have not been self-imposed.. The Commission finds that the applicants propose to provide double the required amount of bicycle parking for the proposal, with one rack to be provided in front of the building, and another to be provided in the shed at the rear of the property, In addition, the Commission finds that the reducing the parking requirement by 66 percent will encourage a small start-up business through the allowance for a mixed-use arrangement on the property, and that this will increase the vitality of the neighborhood as well as providing for substantial physical improvements to the existing home, The Commission approves a Variance to reduce the off-street parking requirement for the proposal by 66 percent; of the three off-street parking spaces typically required for the proposal, only one off-street space is to be required. The Commission recognizes that the ultimate determination as to whether the one off-street parking space to be provided on site is to be a disabled person parking place or a standard parking place will be subject to the requirements of both the Public Works and Building Divisions, The Commission further finds that if the disabled person parking space can be accommodated within the adjacent right-of-way or elsewhere off-site within two blocks of the subject property to meet the state and federal regulations, then only one standard space would need to be provided on-site and the required landscape buffer between the space and the property line could accordingly be increased to the extent allowed by the final approved parking space configuration, In the event that the Building and Public Works Departments are unable to approve the placement of a disabled person parking space off site, the required ADA-accessible space would need to be installed on off-street; in this case the Commission finds that it would be preferable that the parking space use as a disabled person parking place be limited only to the proposed business's hours of operation, with the space to be made available to residents of the connected dwelling during off-hours, Conditions have been included to require that the final placement and installation of parking places shall be subject to the review and approval of the Public Works, Building and Planning Divisions. 2,5 The Planning Commission finds that the use would be in conformance with all standards within the zoning district and in conformance with relevant Comprehensive plan policies, with the exception of the required parking and associated landscape buffers between parking areas and property lines, have been met or exceeded for development in the historic R-2 district. Variances to address the parking and landscape buffers are addressed in the relevant sections of these findings, The Planning Commission finds 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, The property is PA #2010,016] 1 April 12. 2011 Page 6 currently served by a four-inch water main, a six-inch sanitary sewer main, and a twelve-inch storm drain located in the First Street right-of-way, The Public WorkslEngineering Department has indicated that these facilities, which already serve the existing home, are adequate to serve the proposed' commercial use and residence, Existing electrical service is a 200-amp overhead service dropped from a nearby pole. The Electric Department has indicated that changes to the existing service may be necessitated due to the conversion of uses on the parcel, and a condition has accordingly been included to require that the applicant develop a final electrical service plan to be approved by the Electric Department prior to the submittal of building permits, and that any necessary electrical service upgrades be provided at the applicants' expense, The Planning Commission further finds that First Street is classified as a residential neighborhood street and is currently improved with paving, curbs, and gutters in place, The west side of the street along the Ashland Food Co-Op's frontage is improved with sidewalks, street trees, and J4 angled parking spaces, On the east side of the street, along the subject property's Jrontage, sidewalk installation is now under contract by the City through a current "Miscellaneous Concrete" project scheduled for completion in the immediate future, Sidewalks will be in place prior to commencement of the proposed retail use, The Commission finds that the proposed 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, As previously noted, the subject property is a legal non- conforming lot that was created prior to current zoning regulations, As a legal lot of record in the R-2 zoning district, the substandard 2,300 square foot lot size has a target use of one residential unit. The Commission finds that the standards which allow for small scale retail uses within dwelling units in the Ashland Railroad Addition historic district have been crafted to ensure that small scale retail uses within dwelling units will not overpower or overshadow the residential character of the existing residences or their neighborhoods. Such businesses are allowed to be no greater than 600 square feet in total 'area, including all storage and accessory uses, and shall be operated only by the occupant of the dwelling unit and the equivalent of one half-time employee who works up to twenty-five hours per week. These small scale retail uses with Railroad District dwellings are also to be designed to serve primarily pedestrian traffic, and are to be located on a street having a fully improved sidewalk on at least the side occupied by the business, The Commission finds that to fully comply with AMC ]8.24,030.1, retail commercial uses in a dwelling unit within the Railroad Historic District must be integrated with the residential unit, and to ensure compliance with this requirement a condition has been added to require..that a door providing a clear connection between the proposed retail and residential spaces be provided on the plans submitted for building permit. With this condition in place, the Commission finds that the proposal meets the requirements for a small scale retail use within a dwelling unit with the Railroad District. The Commission finds that this block of First Street is located in a transitional area between the more intense commercial uses concentrated along A Street, and the established residential neighborhoods of the Ashland Railroad Addition historic district. Properties to the west and north of the subject property are zoned Employment (E-I), with established businesses in place PA #2010-01611 April 12, 2011 Page 7 including the Ashland Food Co-Op, Plexis, Ace Hardware, and DJ's Video. To the south and east are the residentially-zoned neighborhoods of the Railroad Addition Historic District. The Commission further finds that the small scale retail use to be located within a dwelling unit as proposed in the current application seems well-suited to the transitional nature of this block of First Street. The Commission finds that over time, the existing structure has seen modifications to its siding and windows to the degree that it no longer retains sufficient integrity to reflect its historic period of development. The home as it exists seems to present a relatively weak side elevation to the street, which when combined with the existing fencing between the building and the street, give it little or no presence in the streetscape, The exterior physical improvements proposed for the structure are similar to the existing siding and trim of historic homes in the area, and consistent with other recent renovations in the neighborhood, The proposed conversion to retail involves raising the roof peak and adding a new door and windows, and the Commission finds that these improvements will substantially enhance the building's sense of entry and presence within the streetscape, rendering it more in keeping with the Site Design and Use Standards and specifically the Historic District Design Standards, and more compatible with the surrounding neighborhood, The Commission further finds that proposed use will not create any adverse environmental impacts such as dust, odors, air quality; or any additional generation of noise, light or glare, The Commission finds that the small proposed retail space will serve largely as a secondary destination due to its close proximity to the Ashland Food Co-Op and other commercial uses within the district, and will generate primarily pedestrian traffic from people already shopping elsewhere in the vicinity, SECTION 3, DECISION 3.1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that the proposal for Site Review, Conditional Use Permit, Variance to the Off-Street Parking requirements and Administrative Variance to the Site Design and Use Standards' "Parking Landscaping and Screening Standards" is supported by evidence contained within the whole record, Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action #2010-01611, Further, if anyone or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #20 I 0-0 1611 is denied, The following are the conditions and they are attached to the approval: I) That all proposals of the applicant shall be conditions of approval unless otherwise modified herein. The approval being granted is specific to the proposal being requested, including the specific business being proposed and the requirement that the business owner reside in the residential unit on the property. If the proposed use of the site, including the nature of the business or business-owner occupancy on site is changed, a modification of the Conditional Use ~ PA #2010-01611 April 12, 2011 Page 8 Permit shall be submitted and approved prior to implementing any changes to the approved proposal. 2) That the plans submitted for the building permit shall be in substantial conformance with those approved as part of this application, If the plans submitted for the building permit are not in substantial conformance with those approved as part of this application, an application to modifY the Site Review and Conditional Use Permit approval shall ,be submitted and approved prior to issuance of a building permit. 3) That all recommendations of the Historic Commission from their March 2, 2011 meeting shall be conditions of approval, where consistent with applicable standards and with final approval by the Staff Advisor, 4) That the applicants shall explore the possibility of further extending the eave on the south side of the building to cover the bicycle parking area next to the front door. 5) That the applicants shall obtain required fence and sign permits prior to the modification of fencing or installation of signage. Fencing shall be consistent with the general requirements of AMC 18.68, and signage shall be limited to that allowed for Conditional Use Permits in the R-2 zoning district in AMC 18.24 and 18, I 04, 6) The Planning Commission is supportive of placement of the ADA-accessible space within the right-of-way, if possible, within two blocks of the subject property, In the event that the Building and Public Works Departments are unable to approve the placement of an ADA-accessible parking space within the First Street right-of-way as proposed by the applicants, the required ADA-accessible space shall be installed within the front yard and the Commission is supportive of its use as an ADA-accessible space being limited to business hours with it to be made available to residents of the connected dwelling unit during ofT-hours, Final placement and installation shall be subject to the review and approval of the Public Works, Building and Planning Divisions, 7) The Commission has approved a Variance to reduce the off-street parking requirement for the proposal by 66 percent; of the three off-street parking spaces typically required for the proposal, only one ofT-street space is to be required, The Commission recognizes that the ultimate determination as to whether the one ofT-street parking space to be provided on site is to be ADA- accessible or a standard space will be subject to the requirements of the Public Works and Building Divisions, If the space must be ADA-accessible, the Commission suggests limiting its use to business hours, with the space to revert to use by residents of the site during off-hours, Additional landscape bufTers shall be provided to the extent allowed by the final approved parking space configuration. 8) That the building plan submittals shall include: a) Solar setback calculations demonstrating that all new construction complies with Solar Setback Standard B in the formula [(Height - 16)/(0.445 + Slope) = Required Solar Setback] and elevations or cross section drawings clearly identifYing the highest shadow producing point(s) and their height(s) from the identified natural grade, b) Lot coverage calculations including all building footprints, driveways, parking, and circulation areas, Lot coverage shall be limited to no more than the 65 percent allowed in the R-2 zoning district. PA #2010,01611 April 12, 2011 Page 9 ,c) An electric design and distribution plan including load calculations and locations of all primary and secondary services including transformers, cabinets and all other necessary equipment. This plan must be reviewed and approved by the Electric Department prior to the submittal of the building permit, and all transformers and cabinets shall be located in areas least visible from streets, while considering the access needs of the Electric Department. d) That exterior building materials and paint colors shall be consistent with those described in the action, compatible with the surrounding area and identified in the building permit submittals, Very bright or neon paint colors shall not be used in accordance with II-B-6a) of the Multi-Family Site Design and Use Standards, e) That a door providing a connection between the proposed retail space and the associated dwelling unit shall be provided and identified in the plans submitted for the building permit. 9) That prior to the issuance of a building permit: a) That the requirements of the Ashland Fire Department including that a fire department connection shall be provided and that adequate fire flow shall be provided shall be satisfactorily addressed, Fire flow requirements are to be determined based on area calculations using the final building plan submittals, 10) That prior to the issuance of a certificate of occupancy: a) That the required off-street parking shall be installed and maintained in' permeable pavers as proposed by the applicants, b) That a new driveway curb cut shall be installed to serve the proposed parking in the front yard under 'permit from the Public Works Department. Concrete colors used shall be consistent with the Ashland Historic District concrete standards, and the driveway width shall be the minimum necessary to serve the required parking installed, The applicant shall obtain all necessary Public Works inspection approvals for work within the right-of- way prior to the issuance of a certificate of occupancy, c) That all exterior lighting shall be directed on the property and shall not directly illuminate adjacent proprieties, Light fixture type and placement shall be clearly identified in the building plan submittals, d) That the electric services shall be installed according to the approved plan, inspected and approved prior to the issuance of a certificate of occupancy, e) The inverted u-racks shall be used for the bicycle parking, All bicycle parking shall be installed in accordance with design and rack standards in 18,92,040.1 and J prior to the issuance of the certificate of occupancy, The building permit submittals shall verify that the bicycle parking spacing and coverage requirements are met in accordance with 18,92.040,)' If bicycle parking is to be provided in garages, final interior dimensions of garages shall be provided to insure adequate space needs and signage clearly identifying the spaces as limited to bicycle parking shall be provided. PA #2010-01611 April 12. 2011 Page 10 f) That the screening for the trash and recycling enclosure shall be installed in accordance with the Site Design and Use Standards prior to the issuance of a certificate of occupancy. An opportunity to recycle site of equal or greater size than the solid waste receptacle shall be included in the trash enclosure in accordance with 18.72, 115.B, ylt177/1J?aAJ/u Planning Conunission approval by Pam Marsh, Chair April 12th, 2011 Date PA #2010,01611 April 12, 2011 Page II CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: anaT Welcome Center Findings June 21, 2011 Primary Staff Contact: Public Works E-Mail: Legal Secondary Contact: Martha Benn Estimated Time: Michael R, Faught faughtm@ashland.or,us Doug McGeary 15 minutes Question: Will the City Council approve Findings supporting their prior decision approving, with conditions, ODOT's request to extend City water and sewer services outside of the urban growth boundary to the proposed Siskiyou Welcome Center and Rest Area? Staff Recommendation: Staff has no recommendations Background: At the April 19, 2011 City Council meeting, the City Council, with sole discretion (Water: Resolution No, 97-27 and Sewer Ashland Municipal Code 14,08,031) approved ODOT's request to extend water and sewer services to the proposed Siskiyou Welcome Center and Rest Area, The specifics of the approval are as follows: . Extend a new water service approximately 2,000 feet from a 12" water main on Crowson Road, ODOT estimates non-irrigation use (they are planning on using TlD water for irrigation) to be approximately 1,400 gallons per day or the equivalent of 3.7 single family units, The 1,400 gallons/day of potable non-irrigation water has no adverse impact to the capacity of Ashland water system, . Hook up to the existing sewer service lateral that served the" fonner rest area. With upgrades to the Wastewater Plant and the Bear Creek trunk Sewer, the Ashland sewer system can handle the additional flows from the proposed project. The City Council approved extending water and sewer to the proposed Siskiyou Welcome Center and Rest Area with the following conditions: 1, Water use from the City of Ashland be limited to potable use only 2, Execution of an IGA that would not provide water and sewer until the Welcome Center and Rest Area was built and the staffing plan funded, 3. Allocate City water for interior domestic uses only and not irrigation 4. A 4-year time limit to begin construction 5, Include an Oregon State Police (aSP) substation On May 11, 20 J I, staff provided testimony to the Jackson County Board of Commissioners at the ODOT Rest Area and Welcome Center Remand Public Hearing outlining the council's conditions of approval. Page 1 of2 ~~, CITY OF ASHLAND While the Council voted to extend new water service and hooking into the existing sewer service lateral at the April 19, 2011 council meeting, the final step in the process is approving a final order that includes finding and conclusions supporting the council's decision, The findings and conclusions include a reference to the City Charter and Resolution 97-27, reference to State Planning Goal 3, 9, and II, a requirement for ODOT to enter into an Intergovernmental Agreement (IGA) with the City that includes a requirement for the construct and fund operations for the Welcome Center and Rest Area, to requirements to use the Welcome Center and Rest Area as a Oregon State Police Branch location, not allowing potable water to be used for irrigation and lastly, requiring the construction and staffing of the Welcome Center and Rest Area within four years of the final approval. The conclusion is that "The presence and use of and infonnation distributed by the Siskiyou Welcome Center and Rest Area is likely of benefit to the City of Ashland's tourism economy and surrounding areas and to all those who travel to and visit the City via Interstate 5. If developed and operated according to designs and/or conditions agreed to by ODOT and Travel Oregon, negative impacts, if any, to surrounding neighborhoods can be managed in order to address its presence and those visiting and leaving the facility. Therefore, extending service of potable water (not to be used for irrigation) and sewer (utilizing an existing sewer line fixture) is in the interest of and benefit to the City of Ashland." Related City Policies: NClne Council Options: I. The Council could decide to the Order which approves, with conditions, ODOrs application to extend water services outside of the UGB. 2. The Council could decide to not to approve the Order, which reverses their prior decision to approve ODOrs application to extend water services and hook up to the existing sewer line. 3. The Council could decide to modify the Order. Potential Motions: I. Move to approve the Order approving, with conditions, ODOr s application to extend water services outside of the UGB. 2. Move not to approve the Order reversing the April 19,2011 decision to approve ODOrs application to extend water service and allow ODOT to hook up to the existing sewer services when the Welcome Center portion of the project is constructed. 3. Approve the Order with the following modifications, Attachments: Draft Order Page 2 of2 ~~, ORDER NO 2011- AN ORDER APPROVING AN OREGON DEPARTMENT OF TRANSPORT A nON REQUEST TO THE CITY OF ASHLAND TO EXTEND WATER AND SEWER SERVICE TO THE SISKlYOU WELCOME CENTER AND REST AREA FACILITY LOCATED OUTSIDE THE CITY LIMITS OF ASHLAND Having been fully advised by the record of hearings, facts and conclusions by the City of Ashland Planning Commission (herein incorporated by reference), by City Staff, the Applicant and having heard public testimony related to the Oregon Department of Transportation (ODOT) of its proposed development of the Siskiyou Welcome Center and Rest Area (SWCRA), the City of Ashland Mayor and City Council make the following findings and conclusions of law: THE MAYOR AND COUNCIL, ACTING WITHIN ITS POWERS AND AS NECESSARY OR CONVENIENT FOR THE CITY TO CONDUCT ITS MUNlCIP AL AFFAIRS, ORDERS AS FOLLOWS: SECTION 1. FINDINGS AND CONCLUSIONS. Finding: The Mayor and Council adopt the record of the City of Ashland Planning Commission pertaining to approval ofSWCRA. Finding: The present Mayor and Council adopt the records of previous Mayors and Councils who have been required, since at least 1994, to interpret the City's charter and have acted to address the issue of supplying water and sewer to both private parties and governmental facilities outside the city limits. Finding: ODOT's proposed SWCRA is a governmental facility. Finding: ODOT's proposed development of SWRCA is outside the City of Ashland (City) limits and Urban Growth Boundary (UGB), Pursuant to communication from Paul Nolte, fonner City Attorney, to City Council: "State law regarding the delivery of water outside the UGB is more liberal. Rules adopted under the Public Facilities and Services Goal, Goal 11 referenced above, provide that local land use regulations may allow the creation or extension of water systems in rural areas so long as newly created systems or extensions are not used to justify higher densities for residential development based on the availability of the water system. (OAR 660-011-0065)" Council Communication, Nolte, p.3 (5115/2001) Finding: Article XVI, section one of the City of Ashland Charter provides: "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, Page 1 of4 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 any and all water and water works and water rights now owned or which may hereafter be acquired by said City, for the purpose of supplying the inhabitants thereof with water shall never be rented, sold or otherwise disposed of; nor shall the City ever grant any franchise to any person or corporation for the purpose of supplying the inhabitants of said City with water. (Emphasis added.) Finding: The legal interpretation of Article XV], section one of the City Charter has been adopted as follows: "The charter language in question was adopted as an amendment to the charter by a vote of the people in May, ] 970, The amendment was one among many presented to the voters significantly amending the] 889 charter by replacing it with the 1970 charter. The language was proposed by the Charter Revision Committee for 'protection of the City Water System.' Thus the language was proposed in order to protect the water system sale or disposal. At the following election in November, 1970, other charter amendments were submitted to the voters, The city council resolution proposing the new amendments described the May charter amendment as providing "that, the water works. . . should never be rented, sold, or otherwise disposed of." This same resolution adopted a ballot title for the November, ] 970 amendments as follows: 'Purpose: To amend Article XVI, Sections I and 5, of the ]889 Charter of the City of Ashland, as amended, by providing that the electrical power, water and sewer system shall never be rented, sold, or, otherwise disposed of, without a vote of the people. . . hi other words, the charter provision was perceived before and after its adoption to protect the system from sale, not to restrict the sale of water to only city inhabitants. The import' of the charter language is that the water works or system shall never be sold, not the water." Memorandum, Power o(City to Sell Water Outside City, Paul Nolte to Mayor and City Council, 5/16/1994. Conclusion: City of Ashland Charter and the City of Ashland Resolution 97-27 permit water connection to governmental facilities outside the city limit. Finding: The City provides water rates and historically has sold and presently and regularly sells water to both private parties and governmental and/or commercial facilities outside the city limits. Finding: City of Ashland sewer waste systems and water supply systems have adequate capacity to accommodate additional flows from the SWRCA facility. Conclusion: OOOT must obtain State Planning Goal 3, 9, and]] approvals before city will extend sewer and water facilities to service the development. Page 2 of 4 Finding: ODOT with the likely assistance of Travel Oregon (Oregon Tourism Commission) is agreeable to and is intent upon fully funding the construction and operation of the SWCRA. Finding: The drafting and execution of an intergovernmental agreement between ODOT and the City that ensures funding of construction and operation of the SWCRA before extension of sewer and connection of water services is necessary for the city public interest. Conclusion: Prior to any construction or development of the SWCRA, staff of the City Public Works will draft an intergovernmental agreement between ODOT and the City that ensures funding of construction and operation that is acceptable to the Mayor and Council. Finding: The State Police considers the SWCRA to be in a prime patrol tactical zone for Siskiyou Mountain 1-5 traffic and the OSP is agreeable to and is intent upon using the SWCRA as a branch location for department use. Finding: Providing potable water to supply the SWCRA irrigation needs is not in the city public interest and can be addressed by present legal authority. "The issue of providing water outside the UGB, such as to the proposed state welcome center, was raised in the discussion of the water curtailment amendments. The council was concerned about how the city might enforce water curtailment measures outside the city limits. Since the initial adoption of the water curtailment ordinance, water contracts for delivery of water outside the city limits have included provisions making the water consumer subject to water curtailment provisions. Failure to comply with water curtailment laws allows the city to terminate the contract and therefor the service," Council Communication, Nolte, p. I (5/15/200]) Finding: Four years to complete development and begin operation of SWCRA is an adequate time period for ODOT performance and is necessary to ensure ODOT diligent performance toward completing the project. Conclusion: The presence and use of and information distributed by the Siskiyou Welcome Center and Rest Area is likely of benefit to the City of Ashland's tourism economy and surrounding areas and to all those who travel to and visit the City via Interstate 5. ]f developed and operated according to designs and/or conditions agreed to by ODOT and Travel Oregon, negative impacts, if any, to surrounding neighborhoods can be managed in order to address its presence and those visiting and leaving the facility. Therefore, extending service of potable water (not to be used for irrigation) and sewer (utilizing an existing sewer line fixture) is in the interest of and benefit to the City of Ashland, Section 2. ORDER. THE CITY OF ASHLAND MAYOR AND COUNCIL HEREBY ORDER: Page 3 of 4 (l;O(I~ I ((Lj~ 4"Y\ Approval of ODOTs application to extend for water and sewer contingent upon Welcome Center being built, water use from the City of Ashland be limited t~se only and adequate funding for maintenance and staffing with a four year limit to ~ent. This ORDER was duly PASSED and ADOPTED this ]9th dav of Ap";l, 28] ], and takes effect upon the signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of June, 20] ]. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 4 of 4 CITY OF ASHLAND Council Communication Second Reading of Ordinance Levying Property Taxes for FY2012 Meeting Date: June 21, 2011 Primary Staff Contact: Lee Tuneberg Department: Administrative Services E-Mail: tuneberl@ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Martha Benne Estimated Time: 5 minutes Question: Will Council hold Second Reading of an ordinance titled, "An Ordinance Levying Taxes for the Periods of July 1,2011 to and Including June 30, 2012, Such Taxes in the Sum of $9,997,229 Upon All the Real and Personal Property Subject to Assessment and Levy Within the Corporate Limits of the City of Ashland, Jackson County, Oregon"? Staff Recommendation: Staff recommends approval the second reading by title only of the Ordinance. Background: The Budget Committee met six times and ~he grant Sub Committees met four times this spring to review the Proposed Budget and allocations for FY 2011-2012. On May 12, 2011, the Budget Committee approved the budget and recommended it for adoption. The Council approved first reading of the attached ordinance at the June 7, 2011 regular meeting. The ordinance attached authorizing the tax levy rate is consistent with the Budget Committee's approved tax rates and amounts. Related City Policies: Financial Management Policies Council Options: a. Council approves the second reading by title only ofthe Ordinance. b. Council does not approve the second reading by title only of the Ordinance. Potential Motions: a. Council moves to approve the second reading by title only of the Ordinance. b. Council takes no action pending further information or clarification. Attachments: Ordinance to levy property taxes Page I of I ~~, ORDINANCE NO. AN ORDINANCE LEVYING TAXES FOR THE PERIOD OF JULY 1,2011 TO AND INCLUDING JUNE 30, 2012, SUCH TAXES IN THE SUM OF $9,997,229 UPON ALL THE REAL AND PERSONAL PROPERTY SUBJECT TO ASSESSMENT AND LEVY WITHIN THE CORPORATE LIMITS OF THE CITY OF ASHLAND, JACKSON COUNTY, OREGON THE PEOPLE OF THE CITY OF ASHLAND ORDAIN AS FOLLOWS: Section I. That the City Council of the City of Ashland hereby levies the taxes provided for in the adopted budget in the permanent rate of $4.1973 per thousand an amount estimated to be $8,914,562, voter authorized Local Option in the rate of $.1921 per thousand an amount estimated to be $406,858 as well as $675,810 authorized for the repayment of General Obligation Debt and that these taxes an: hereby levied upon the assessed value for the fiscal year starting July 1,2011, on all taxable property within the City. Section 2. That the City Council hereby declares that the taxes so levied are applicable to the following funds: Subject to General Excluded from General Government Limitation Government Limitation Rate Permanent Rate Local Option Bonded Debt Per $ 1,000 General Fund - Operations $ 4,097,873 1.9295 Debt Service Fund - Technology Fee 372,000 0.1750 Parks and Recreation Fund 4,444,689 2.0928 Ashland Library Levy $ 406,858 0.1921 2005 GO Bonds $ 416,610 2011 GO Bonds - Fire Station #2 259,200 $ 8,914,562 $ 406,858 $ 675,810 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 ,2011 and duly PASSED and ADOPTED this _ day of , 20 II. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of ,2011. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 1 of I