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HomeMy WebLinkAbout2008-0415 Council Mtg PACKET CITY OF ASHLAND Important: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written comments to the Council on any on the Agenda, unless it is the subject of a public hearing and the record is closed. Except for publi 'ngs, there is no ute right to orally address the Council on an agenda item. Time permitting, the Presiding Officer allow oral test" owever, public meetings law guarantees only public attendance, not public participation. If you wish to speak, pi ut the Speaker Request form located near the entrance to the Council Chambers. The chair will recognize you and inform 0 the amount of time allotted to f any. The time granted will be dependent to some extent on the nature of the item unde ssion, the number ofpeople wh to be heard, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL April 15, 2008 Council Chambers 1175 E. Main Street 6:30 p.m. Reception honoring 2007 Ragland Award Winner 7:00 p.m. Regular Meeting I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? [5 minutes) 1 . Study Session of March 31 . 2008 2. Regular Council of April 1, 2008 VI. SPECIAL PRESENTATIONS & AWARDS 1. Presentation of Ragland Award [5 Minutes] VII. CONSENT AGENDA [5 minutes) 1. Does the Council accept the Minutes of Boards, Commissions, and Committees? 2. Does the Council wish to approve a Liquor License Application from Michael Rozenfeld dba Fresh Feast, LLC? 3. Does the Council want to approve a resolution authorizing Clean Renewable Energy Bonds to pay for a photovoltaic project? 4. Should Council approve a resolution to adjust budget appropriations for changes in operational expenses to remain in compliance with Oregon Budget Law? 5. Does the Council wish to confirm the Mayor's appointments for the various Commissions/ Boards whose terms end April 30, 2008 as established by Resolution No. 89-24? VIII. PUBLIC HEARINGS (Testimony limited to 5 minutes per speaker, unless it is the subject of a Land Use Appeal. All hearings must conclude by 9:00 p.m., be continued to a subsequent meeting, or be extended to 9:30 p.m. by a two-thirds vote of council {AMC 92.04.040}) None. IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. Speakers are limited to 5 minutes or less, depending on the number of individuals wishing to speak.) [15 minutes maximum) (:OlfNCIL MEETINCiS AR1: BROAD('AS'r LIVI: ON C11/\1\N1-:L 9 VISIT 'TIlE erry OJ,' AS1ILAND'S \V1:'13 SirE AT WWW.ASIILAND.OR.US X. UNFINISHED BUSINESS 1. Does the Council have questions about the report on the implementation of Community Policing based on the recommendations made by the Police Executive Research Forum following an audit of the department in 2006 with the modifications and timeline recommended by the Chief of Police? [20 Minutes] 2. Does the attached spreadsheet illustrating the allocation of funds generated from an increase to the Transient Occupancy Tax clarify the concerns voiced during the March 3 study session? Are there additional needs other than the list identified by council for the use of the increase? Does the Council wish to schedule a public hearing to consider an increase in the Transient Occupancy Tax? [30 Minutes] 3. Which of the public art funding options does the Council wish to explore? [15 Minutes] XI. NEW AND MISCELLANEOUS BUSINESS XII. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Should the City Council conduct and approve First Reading of an Ordinance titled, "An Ordinance relating to public parks, repealing Code Sections 10.68.050, 10.68.070 and 10.68.160" and move the ordinance on to Second Reading on May 6, 2008? [5 Minutes] 2. Should the City Council conduct and approve First Reading of an Ordinance titled, "An Ordinance relating to Solicitation, requiring no trespass signs, limiting solicitation hours, and repealing Code Chapter 6.24 concerning peddlers" and move the ordinance on to Second Reading on May 6, 2008? [5 Minutes] 3. Should the City Council conduct and approve First Reading of an Ordinance titled, "An Ordinance Amending the Ashland Municipal Code, Chapter 1 0.115, Tenants Rights, Amending Section 10.115.080, relating to fines" and move the ordinance on to Second Reading on May 6, 2008? [5 Minutes] 4. Should the City Council conduct and approve First Reading of an Ordinance titled, "An Ordinance amending the Ashland Municipal Code, Chapter 9.24, Removal and Disposal of Non-Certified Woodstoves and Fireplace Inserts, amending Section 9.24.055, relating to fines" and move the ordinance on to Second Reading on May 6, 2008? [5 Minutes] 5. Should the City Council conduct and approve First Reading of an Ordinance titled, "An Ordinance amending the Ashland Municipal Code, Section 10.100.010, Social Gambling and Social Games" and move the ordinance on to Second Reading on May 6, 2008? [5 Minutes] 6. Should the City Council conduct and approve First Reading of an Ordinance titled, "An Ordinance amending the Ashland Municipal Code, Section 2.28.270, City Attorney Duties" and move the ordinance on to Second Reading on May 6, 2008? [5 Minutes] XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XIV. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735- 2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). ('()UN(]L 1\H:L:'flN(;S ;\IU: BRC);\D('AS'r LIVE ON CHANNEL 9 V1SITJllr: crry or: ASFIL.AND'S WrJ3 SirE,: AT WWW.ASIIL.AND,()RUS CITYCOUNCnSTUDYSES~ON MARCH 31,2008 PAGE 1 of4 MINUTES FOR THE CITY COUNCIL STUDY SESSION Monday, March 31, 2008 at 6:00 p.m. Council Chambers, 1175 East Main Street CALL TO ORDER Mayor Morrison called the meeting to order at 6:00 p.m. in the Council Chambers, 1175 East Main Street. ATTENDANCE Councilors Hardesty, Silbiger, Chapman, Navickas, Hartzell and Jackson were present. 1. Look Ahead Review. City Administrator Martha Bennett reviewed the items on the Council Look Ahead and noted the upcoming Study Session on April 14th would be held in the Siskiyou Room. She requested Council provide direction as to whether they wish to hold a Council Meeting the week of the 4th of July, and suggested they may want to cancel an August meeting instead. Councilor Hartzell indicated her interest in moving the Railroad Property Discussion forward. She noted the $80,000 that has been set aside and expressed concern that this money might go away. Ms. Bennett clarified staff has budgeted some funding for consulting fees in the proposed Community Development budget, but it has not been earmarked for specific projects. She noted there are two other major projects staff is working on and indicated they do not have the resources to move three major projects forward at the same time. 2. Review of Regular Meeting Agenda for April 1, 2008. Sale of City Owned Property on Westwood Street Mr. Olson clarified the proposed deed restriction reflects the modifications from the previous deed restriction. Liquor License Application from Michael Rozenfeld City Recorder Barbara Christensen commented on the City's liquor license approval process and stated one of the approval criteria is whether the location complies with the City's land use requirements. She stated this individual has been operating a restaurant and serving alcohol; however, it was determined that staff never approved a restaurant use for this location. Community Development Director Bill Molnar indicated the property is located in an Employment Zone, which would allow for this use, but the individual will have to go through the land use process. Fee In crease for the Ashland Community Center, Pioneer Hall, and The Grove Ms. Bennett clarified the Parks & Recreation Commission has already raised the rates for Parks programs, services, and facilities. The item before Council is approval of the increase for the three City-owned facilities. Rate Increase by Ashland Sanitary and Recycling Councilor Hartzell questioned if the Council would be permitted to have any kind of negotiation with the franchisee about the rate increase and requested the City Attorney provide an answer at tomorrow nights meeting. CITYCOUNC~STUDYSES~ON MARCH 31, 2008 PAGE2of4 Public Works Director Selection Process Human Resource Director Tina Gray clarified staff received an update from the City's recruiter and noted there are 10 qualified candidates that are being reviewed. Ms. Bennett clarified staff would need direction from Council as to whether they want televised interviews. Emergency Ordinances City Attorney Richard Appicello clarified these are being brought forward as emergency ordinances in order to protect the City from potential litigation. He commented on the provisions of the solicitation ordinance and the penalties for violating the ordinance. Mr. Appicello clarified a school is a not-for-profit organization and would be exempt from these requirements, he also clarified the ordinance does not apply to phone or email solicitation. Councilor Hartzell questioned how this ordinance would apply to a business and residence if they are co- located. Mr. Appicello clarified this ordinance would apply to the part of the structure occupied as a residence. Councilor Hartzell also questioned how this ordinance would affect political candidates going door to door, if the materials they distribute includes information on where donations could be made. She requested Mr. Appicello look into this and respond at tomorrow nights meeting. Mr. Appicello clarified it is his understanding that postal workers would be exempt from these provisions, but stated he would double-check and report back tomorrow. Councilor Hartzell stated the proposed ordinance appears to put "no solicitation" on equal footing with "no trespassing", and questioned if there was a way to better distinguish the penalties for these actions. 3. Does the Council have comments or questions to be directed towards Brown & Caldwell, the authors of the Reeder Reservoir Study? Bob Willis with Brown & Caldwell provided a summary of the Reeder Reservoir Study. He stated the dam and reservoir are in very good condition, but commented on the sediment and algae issues. He indicated a large amount of the 10-foot thick sediment that extends out from the dam was caused by major storms. He stated ifthe City were to have another major event like the '97 flood, it may become necessary to remove the sediment, but at this point he does not feel this is necessary and noted the significant costs that would be involved. Mr. Willis also commented on the algae problem and noted the streams that feed the reservoir contain high levels of phosphorous and nitrogen, which help the algae to grow. Mr. Willis noted the recommendations in the Council Communication that would address this problem and provided an explanation of how water circulation devises could be used to disturb the algae's lifecycle. Mr. Willis clarified the recommendation to conduct a more intense monitoring of the streams, and stated at this time he can not answer whether there is a way to control the phosphorous levels before it gets to the reservoir. He noted that other than sediment from large storms, the reservoir is a high quality water source. He stated the problem is with the algae, but is confident they can address this by disturbing their environment with the SolarBee circulators. Mr. Willis clarified his recommendation to not remove the sediment at this time. He stated it would be very expensive to do so and recommended they wait until it really needs to be done. Mr. Willis noted the recommendations listed in the Council Communication are prioritized. He also commented briefly on the benefits of cleaning out the sediment from the inlet streams. 4. Does the proposed budget meet the needs of the Mayor and Council for FY09? City Administrator Martha Bennett stated the intent of bringing this item forward was to ensure Council had the opportunity to review their budget before it was finalized. She explained that both the City's -I' I CITY COUNCIL STUD Y SESSION MARCH 31.2008 PAGE 3 of4 General Fund and Central Service Fund are down, and stated expenses are growing faster than revenue. She stated staff has been trying to find ways to cut expenses and noted she has asked all departments to reduce their travel and training budgets. Ms. Bennett stated the proposed Council budget is based on actual figures from FY07 and projected year-end estimates for FY08. Ms. Bennett explained in the past, staff budgeted for full family benefits for the entire Council, however the proposed budget provides for the actual medical benefits for the three councilor members not up for re-election in November, and full family benefits for the four positions up for election. She also explained that staff is suggesting a slight cut back in the Council's travel and training budget. She noted that if Council increases their budget, they would have to decrease Central Services somewhere else. Council expressed approval of the proposed Council budget. 5. Does the proposed Community Visioning plan from staff incorporate the steps and timing Council feels appropriate for this goal? City Administrator Martha Bennett commented on staffs recommendation to combine the Community Visioning and Economic Development goals. She stated if Council chooses to separate these out, staff would recommend that they not do them at the same time. Ms. Bennett noted that additional staffing would be needed to accomplish these two goals and noted the recommendation to utilize graduate student assistance (RARE Program). Management Analyst Ann Seltzer stated the common denominator for the two goals is two-fold. First, they need to determine what they want (public meetings, data gathering); then, they would move on to the development of the strategic action plan. Ms. Seltzer stated this second step is where the bulk of the work would come from. Ms. Seltzer commented on the research she completed and how other cities have completed these tasks. She noted the documents and plans she received from other Oregon cities, and stated the draft plan provides a realistic way of achieving the City's goals. Council discussed their preferences on whether these two goals should be combined. Councilor Silbiger expressed his reservations about combining the two, and recommended they get started on an economic strategy right away and not wait for a visioning plan. Councilor Navickas stated he does not oppose combining the goals, but voiced support for a faster visioning process so that they can get to the "nuts and bolts" of a strategic plan. He also voiced his support for the hiring of a staff position, rather than hiring an outside consultant. Councilor Hardesty voiced her support for the emphasis to be on the plan and the implementation. Ms. Bennett briefly commented on how some of the elements ofthe two goals work together. Councilor Hartzell noted her desire to deeply engage the community without sacrificing efficiency. She also commented on the possibility of increasing the TOT and using this to respond to the immediate needs of economic development. Mayor Morrison commented that the 2-year timeframe is much longer than he would like to take. Ms Bennett noted the need allow enough time for public involvement. She stated that 24 months might be too long, but does not feel they can get this done in I year. Ms. Bennett clarified staff needs direction on what kind of "add package" they should prepare for the budget. She also noted Council could discuss this item further at their next Study Session meeting. Councilor Chapman stated that visioning has not been a high priority for him and voiced his opposition to spending 2 years on this project. Councilor Hartzell suggested the possible use of a Council subcommittee ".. I CITY COUNCIL STUD Y SESSION MARCH 31,2008 PAGE 4 of4 to work with staff and come back with options that are different from what is proposed. Councilor Navickas suggested a timeframe of 4-months upfront for staff and then I-year to develop the vision. Councilor Hartzell commented that there may be some language issues that are getting in their way. Mayor Morrison agreed and acknowledged the need to fine tune what was brought forward by staff. Ms. Bennett summarized the discussion and stated staff would move forward with Option 2 for budgeting purposes and Council would have the opportunity to discuss this further at the next Study Session. ADJOURNMENT Meeting adjourned at 8:30 p.m. Respectfully submitted, April Lucas, Assistant to City Recorder 'I' I ASHLAND CITY COUNCIL MEETING APRIL 1, 2008 PAGE 1 of7 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL April 1, 2008 Civic Center Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Morrison called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilors Hardesty, Navickas, Hartzell, Jackson, Chapman and Silbiger were present. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES Mayor Morrison stated the City is in the process of determining the annual appointments to the various City commissions, committees and boards. He noted there are several additional vacancies and encouraged interested citizens to contact the City Recorder's Office for information. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? The minutes of the Study Session of March 17,2008, Special Meeting of March 17,2008, Executive Session of March 18,2008 and Regular Council Meeting of March 18,2008 were approved as presented. SPECIAL PRESENTATIONS & AWARDS 1. Mayor's Proclamation of Independent Media Week. Proclamation was read aloud by Mayor Morrison. 2. Tree City USA Presentation. Assistant Planner Amy Anderson provided an update of the Tree Commission's accomplishments and noted the activities planned in April to celebrate Arbor Week. Tree Commissioner's John Rinaldi and Zane Jones were introduced and it was noted there are openings currently available on the Commission. Derek Bums with the Oregon Department ofF orestry provided a brief presentation and presented the Tree City USA award to the City of Ashland. 3. Will the Council approve the plan that Jackson County developed to comply with Senate Bill 111, which requires Counties to develop and implement a plan for investigations of law enforcement uses of deadly physical force in the line of duty? Jackson County District Attorney Mark Huddleston presented the background information on the proposed Senate Bill 111 draft plan. He clarified this bill requires each county in the state to convene a planning authority to draft a plan that deals with how to respond to instances in which officers in the line of duty are required to use deadly physical force. Mr. Huddleston listed the members of the planning authority and clarified the plan ought to be considered. He added this is not a substitute for the Ashland Police Department's Use of Force Policy. Mr. Huddleston noted the components and requirements of the plan, which include: education, outreach and training, what happens immediately after a use of force incident, investigation of the incident, liability issues, collecting information for the Attorney General, attention paid to the officer, and counseling. Ashland Police Chief Terry Holderness voiced his support for the proposed plan. Councilor Hartzell/Chapman mls to approve the plan developed by the Jackson County Deadly Physical Force Planning Authority to address the investigation and other aspects of situations in which a law enforcement officer uses deadly physical force in the line of duty. Roll Call Vote: Councilors ASHLAND CITY COUNCIL MEETING APRIL 1, 2008 PAGE 2 of7 Hartzell, Jackson, Chapman, Navickas, Hardesty and Silbiger, YES. Motion passed 6-0. CONSENT AGENDA 1. Does the Council accept the Minutes of Boards, Commissions, and Committees? 2. Will Council authorize the Mayor to sign the partition plat and deed restriction in preparation for the sale of city-owned property on Westwood Street near Strawberry Lane? 3. Does the Council wish to approve the sale and subsequent transfer/assignment of rights of the Unicom customer base on the Ashland Fiber Network to Jim Teece as required by the ISP contract? 4. Should Council approve the contract for the North Main/Scenic Park development project? 5. Will Council approve a resolution in support of an ODOT Transportation Enhancement grant in the amount of $512,000 to construct sidewalks on Laurel Street? 6. Does the Council want to approve a resolution repealing and replacing Resolution 2008-05, correcting for information omitted when an attachment page was not included? 7. Does the Council wish to deny a Liquor License Application from Michael Rozenfeld dba Fresh Feast, LLC at 280 Hersey #6? Councilor Jackson/Hardesty m/s to approve Consent Agenda. Voice Vote: all AYES. Motion passed 6-0. PUBLIC HEARINGS 1. Should the Council award a portion of the 2008 Community Development Block Grant (CDBG) Funds to the Fair Housing Council of Oregon, and direct staff to develop the 2008 Annual CDBG Action Plan to identify proposed used for CDBG funds? Public Hearinl! Opened: 7:32 p.m. Housing Program Specialist Brandon Goldman presented the staff report and clarified the Community Development Block Grant (CDBG) Program is a Federal program by which the City receives approximately $200,000 per year. He explained that due to past carryover, the City has accumulated $356,000. He indicated only one proposal was submitted to the City for use of these funds, and explained the Fair Housing Council of Oregon has requested a $10,000 allocation. Mr. Goldman commented on why the City received so few proposals and explained the main responses from the affordable housing providers were: 1) they were already working on a number of other projects, or 2) they were in the process of developing a project, but it had not reached the point that would allow them to apply for the CDBG funds. Mr. Goldman explained in the coming year, the City will be required to expend at least $139,000 of the CDBG funds in order to be in compliance, and noted the Council Communication outlines a number of possible uses. Mr. Goldman provided a brief explanation of the Fair Housing Council's proposal and stated their request is for $10,000 to undertake fair housing counseling, education and enforcement within Ashland. He noted the Housing Commission reviewed their proposal and both staff and the Commission are recommending the Council award this funding to the Fair Housing Council of Oregon for that proposed use. Public Hearinl! Closed: 7:39 p.m. Councilor Hardesty/Hartzell m/s to award the Fair Housing Council of Oregon $10,000 in CDBG funds to undertake fair housing counseling, education and enforcement within Ashland during the 2008 CDBG program year. Roll Call Vote: Councilors Chapman, Navickas, Silbiger, Hardesty, Hartzell and Jackson, YES. Motion passed 6-0. Councilor Jackson/Hardesty m/s that the remaining CDBG funds shall be made available to support eligible affordable housing related activities such as land acquisition, public facility improvements, ASHLAND CITY COUNCIL MEETING APRIL I, 2008 PAGE 3 of7 and/or housing preservation in the 2008 Annual CDBG Action Plan. Roll Call Vote: Councilors Chapman, Navickas, Silbiger, Hardesty, Hartzell and Jackson, YES. Motion passed 6-0. Mr. Goldman clarified CDBG funds would not be eligible for use on the City's Lithia lot. He also clarified the Housing Commission has been working on identifying regulatory barriers that could be impeding the development of market rate apartments and affordable housing, and they have met with the Planning Commission on this subject. 2. Will the Council authorize the increase of fees for the Ashland Community Center, Pioneer Hall, and The Grove facilities to recover 50% of operational and maintenance expenses? Parks & Recreations Superintendent Rachel Tiege explained the Parks & Recreation Department reviews fees and charges related to all indoor and outdoor facilities as part of their annual budget process and noted the Commission's goal of reaching a 50% recovery rate by implementing small increases each year. She stated the Commission approved the fee adjustments outlined in the Council Communication at their February meeting and requested Council approves the proposed fee adjustments for Pioneer Hall, the Community Center, and The Grove. Public Hearinl! Opened: 7:46 p.m. Public Hearinl! Closed: 7:47 p.m. Councilor Silbiger/Chapman mls to approve, on behalf of the Ashland Parks and Recreation Commission, the recommended fee and policy schedule for indoor facilities at a cost recovery of 50% beginning on July 1,2008. DISCUSSION: Councilor Navickas voiced his objections to raising the fees for these facilities. Councilor Hartzell requested staff perform a cost of service tracking for next year's budget discussion. Mayor Morrison noted the difficult budget year the City is facing and noted that although they may not like to see these types of increases, they are necessary. Roll Call Vote: Councilor Hardesty, Hartzell, Chapman, Jackson, and Silbiger, YES. Councilor Navickas, NO. Motion passed 5-1. 3. Does the Council wish to authorize a 9% rate increase for residential, commercial and medical waste services by Ashland Sanitary and Recycling? Management Analyst Ann Seltzer submitted telephone testimony from Gloria Aker into the record. Ms. Seltzer explained the City has a franchise agreement with Ashland Sanitary & Recycling and noted the City ordinance, which provides that Ashland Sanitary can petition the City Council to increase their rates. She noted Ashland Sanitary's reasons for wanting the increase include: increasing fuel costs, increasing wages and benefits, increasing liability insurance and workman compensation, and increasing health costs. Ms. Seltzer stated only two rate increases have occurred since 1990 and noted Ashland Sanitary is requesting Council's approval of a 9% increase. Ashland Sanitary & Recycling owners Russ Chapman and Gary Rigotti came forward for Council questions. Mr. Rigotti commented briefly on their pre-paid bags and sticker program, and noted Ashland is unique in that the amount of tonnage to the Dry Creek Landfill went down by 3.1 % last year. He also clarified about 75% of their customers are residential, and 25% commercial. Public Hearinl! Opened: 8:05 p.m. Oleta Watkins/215 Tolman Creek Road #4/Expressed the need for better clarity in regards to Ashland Sanitary's recycling program and recommended better pick-up services for the recycling. It was noted that citizens should contact Ashland Sanitary directly for additional information about their programs. ASHLAND CITY COUNCIL MEETING APRIL I, 2008 PAGE 4 of7 Public Hearin2 Closed: 8:12 p.m. Councilor Hartzell/Jackson mls to approve Resolution # 2008-07. DISCUSSION: Councilor Silbiger noted the testimony submitted by Ms. Aker and noted this franchise only applies to customers within the Ashland City limits. Councilor Navickas voiced his support for Ashland Sanitary's recycling incentive programs and their sticker program. Roll Call Vote: Councilors Hardesty, Silbiger, Chapman, Hartzell, Navickas and Jackson, YES. Motion passed 6-0. PUBLIC FORUM Dan Folliard/1032 Oak Knoll Drive/Shared his concern with ODOT's proposed Rest Area and Welcome Center, specifically the use of Ashland's water and sewer systems. Mr. Folliard also spoke regarding the accelerated speeds of vehicles coming down the mountain and stated the proposed location is at the bottom of the highest pass on 1-5. He urged the Council to deny the water and sewer connections for ODOT and requested there be a public discussion on this matter. Allen Baker/1042 Oak Knoll Drive/Submitted a transcript of the Mayor's testimony before the County Planning Commission regarding the ODOT Rest Area and Welcome Center. Mr. Baker voiced his disagreement with the Mayor's statements that the Council had made a decision on this matter and that they had accepted staff s recommendation. He argued that Council has not made a decision, but rather only held an informational meeting, and voiced his displeasure that this inaccurate testimony was given. Dennis Slattery/1405 Pinecrest Terrace/Invited Ashland residents to attend a Community Discussion, April 30, 2008, at the Historic Ashland Armory. Mayor Morrison clarified the testimony he gave before the County Planning Commission and stated he stands behind what he said. He noted a prior City Council made a decision several years ago to support this project and stated there was consensus by the current Council at their recent meeting to support this project. City Administrator Martha Bennett indicated there was a decision made by the Council in 1997 and then reaffirmed a few years later in 2001. She clarified ODOT would not pay City SDCs, but they would pay a differential utility rate, which is double the regular rate. She added staff would provide information to the Council on what the water usage would be compared to that of an average household. UNFINISHED BUSINESS Mayor Morrison spoke regarding the motion the Council made at their last meeting to table the Siskiyou Boulevard Safety item. He commented on parliamentary procedure and noted it would require a motion of the Council to take this item "off the table". Interim Public Works Director Jim Olson provided an update on the actions of the Traffic Safety Commission and stated they are working on a request to ODOT to reduce the speed limit along Siskiyou Blvd, they are installing the thermo-plastic rumble strips, and they are working on acquiring the pedestrian activated amber beacons; however, this action may take a little longer to completed due to certain engineering requirements. Mr. Olson noted one of the new recommendations from the Commission is to appoint an Ad Hoc Committee to further study the safety issues on the campus section of Siskiyou Blvd, and the Committee would be comprised on members from the Traffic Safety and Bicycle & Pedestrian Commissions, ODOT staff, Southern Oregon University staff and students, and other interested parties. Council briefly shared their comments on this issue. Councilor Hartzell commented on why this issue came before the Council and voiced her interest in the work of the Traffic Safety Commission. She noted the importance of dealing with the engineering in new and creative ways and voiced reservations about utilizing ASHLAND CITY COUNCIL MEETING APRIL 1, 2008 PAGE 5 of7 the same company that did the redesign. She also indicated that it was appropriate for this issue to come before the Council due to the severity of the accident on Siskiyou Blvd. Councilor Jackson commented that they should trust the work of the Traffic Safety Commission and noted her desire to send a clear and straight forward signal that the Council is not trying to interfere with their work. Councilor Silbiger clarified the work of the Traffic Safety Commission would continue if the motion dies on the table. Colin Swales/461 Allison StreetINoted he is a member of the Traffic Safety Commission, but is speaking on behalf of himself. Mr. Swales stated this Commission serves purely an advisory role and noted the Commission members are amateurs and not professionals in this area. He questioned if the recommendations of the Commission need to be ratified by the Council since they are in reference to a State highway and recommended the Council formally support the recommendations to ensure that the Commission has the authority to proceed with these issues. Mayor Morrison commented that Siskiyou Blvd. is under City jurisdiction. City Attorney Richard Appicello clarified the City Adminsitrator has the authority to delegate and take action on these issues without bringing this before Council. City Administrator Martha Bennett added that typically staff will prepare an order pertaining to a Traffic Safety Commission recommendation and send it over for her signature. NEW AND MISCELLANEOUS BUSINESS 1. Does the Council have any feedback for staff about the proposed selection/interview process for the Public Works Director? City Administrator Martha Bennett commented on the conflicts with the proposed April 17-18 dates, and recommended the interview process be rescheduled to April 24-25, 2008. Human Resource Manager Tina Gray recapped the process for selecting the Public Works Director and provided an explanation of the proposed 4-part process, which will include: a City tour, a department head panel, an open house/reception that could include a televised presentation by each candidate, and a two-panel interview process. Ms. Gray stated that staff needs direction on whether Council wishes to televise the open house and asked if they agree with candidate presentations given at that time. Council offered their opinions regarding the interview process proposed by staff. Councilor Hartzell voiced her preference for the process used for the Police Chief. Councilors Silbiger and Jackson voiced support for each candidate to give a 5-7 minute presentation at the open house. Councilor Hardesty questioned if they would be able to ask the candidate questions at the end of their presentations. Ms. Bennett reminded the Council of the constraints the City operates under and clarified they would have to ask the same questions of each candidate. Council voiced support for the process outlined by staff with the 5-7 minute presentations from each candidate. Ms. Bennett indicated there would be comment cards available for the public to complete and noted the televised portion would be rebroadcast on RVTV. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Does the Council wish to approve second reading of a proposed Ordinance titled, "An Ordinance amending the Ashland Municipal Code, Chapter 2.12, City Planning Commission"? City Attorney Richard Appicello noted this is the second reading and read the title of the ordinance aloud. Councilor Hardesty noted the email from Planning Commission Chair John Stromberg recommending the language in Section 2.12.010 remain unchanged which would allow two members of the Planning Commission to be non-residents of the City. ".. I ASHLAND CITY COUNCIL MEETING APRIL I, 2008 PAGE 6 of7 Councilor Hardesty/Chapman mls to approve Ordinance #2950 with amendment to Section 2.12.010 to state "two of the members may reside outside the City limits." DISCUSSION: Mr. Appicello read Section 2.12.010 with the proposed amendment aloud. Councilor Navickas voiced his preference for all Planning Commission members to reside within the City limits. Ms. Bennett clarified that because Councilor Hardesty included the amendment as part of the motion to approve the ordinance, if the motion fails, the entire ordinance fails. She suggested withdrawing the current motion and making two separate motions instead. Councilors Hardesty and Chapman withdrew the motion. Councilor Hardesty suggested at a minimum they consider including language that two members may reside within the Urban Growth Boundary. She stated there are people who reside just outside the City limits that have a lot invested in Ashland and care about this community. Councilor Hartzell noted the Planning Commission is unique in terms of the authority and power it has, and expressed her discomfort with the possibility of someone being appointed who does not have a strong attachment to the City. Councilor Hardesty/Jackson mls to amend the Revised Planning Commission Powers and Duties Ordinance, Section 2.12.010(2) to delete "within the Urban Growth Boundary (UGB)". DISCUSSION: Councilor Chapman suggested they compromise by limiting it to one member instead of two. Mayor Morrison offered his perspective and voiced his support limiting it to a certain mileage, such as requiring they reside within 3 miles of the City limits. Support was voiced for amending the provision to not more than one individual that lives within 3 miles of the City limits. Councilors Hardesty and Jackson withdrew motion. Councilor Hardesty/Silbiger mls to amend Section 2.12.010 of the ordinance to read "not more than one (1) of whom may reside within three-miles outside the City limits." Roll Call Vote: Councilors Chapman, Silbiger, Jackson, Hartzell and Hardesty, YES. Councilor Navickas, NO. Motion passed 5-1. Councilor Jackson/Hardesty mls to approve Ordinance #2950. DISCUSSION: Mr. Appicello read Section 2.12.010 with the approved change aloud. Roll Call Vote: Councilors Chapman, Navickas, Silbiger, Jackson, Hartzell and Hardesty, YES. Motion passed 6-0. 2. Should the Council approve Second Reading of an Ordinance adopting ALUO Amendments, including reading a new Section 112 "Delayed Effective Date" in full? City Attorney Richard Appicello read the title of the ordinance aloud. Colin Swales/461 Allison Street/Commented on the procedural changes for appeals to Council and stated the proposed ordinance would shut down public participation and take away power from the Council. Councilor Jackson/Silbiger mls to approve Ordinance #2951 as amended with the delayed effective date. DISCUSSION: Councilor Hartzell suggested changing the time speakers get during an appeal to 5 minutes instead of 3. Councilor Hartzell/Navickas mls to amend Section 105, 18.108.110(C) to read "ten (10) minutes for the appellant, if different, and five (5) minutes for any other party who participated below." DISCUSSION: Councilor Navickas voiced his support for this modification and suggested they limit citizens from using other people's time. Councilor Chapman voiced his opposition to the amendment and noted the participants would have already submitted written statements. Roll Call Vote: Councilors Silbiger, Hartzell, Jackson, Hardesty and Navickas, YES. Councilor Chapman, NO. Motion passed 5-1. Councilor Hardesty/Hartzell mls to amend ordinance to add that there be a mandatory review ofthis procedure within three years of the effective date. DISUCSSION: Mr. Appicello indicated Section 113 could be added which would state "This ordinance shall be reviewed by the City Council three years from the ... I ASHLAND CITY COUNCIL MEETING APRIL I, 2008 PAGE 70f7 effective date of this ordinance." Roll Call Vote: Councilors Silbiger, Chapman, Hartzell, Jackson, Hardesty and Navickas, YES. Motion passed 6-0. Mr. Appicello read Section 105, Paragraph C as amended aloud. Roll Call Vote on Ordinance as amended: Councilors Silbiger, Chapman, Jackson and Hardesty, YES. Councilors Hartzell and Navickas, NO. Motion passed 4-2. 3. Should the City Council declare and emergency and unanimously adopt three ordinances titled, "An Ordinance relating to nuisances, amending code section 9.08.180 concerning distribution of written materials declaring an emergency", "An Ordinance relating to solicitation, requiring no trespassing signs, limiting solicitation hours, and repealing code chapter 6.24 concerning peddlers, and declaring and emergency", and "An Ordinance relating to public parks, repealing Code Sections 10.68.050, 10.68.070 and 10.68.160 and declaring and emergency"? David Berger/575 Auburn Street/Suggested alternate language for 6.24.030 which provides for criminal trespass and suggested the ordinance be amended to read "a person that enters private property posted with a clearly visible no solicitation sign..." or "a person who enters private property where a clearly visible no solicitation sign is posted." He also recommended they clarifY which entities are included in the language "not for profit organization fundraising." Councilor Navickas stated he did not support moving these ordinances forward with the emergency clause. City Administrator Martha Bennett explained the consequences of delaying the effective dates. She stated if these were handled as normal ordinances and first reading was approved tonight, the earliest the ordinances could be effective is May 15,2008. She stated the reason staff recommended an emergency was because ballots for the May election are expected to be circulated the first week of May and staff anticipates there will be door-to-door campaigning. She stated the City currently has an illegal ordinance on the books and staff would prefer to resolve this conflict prior to the campaign season. Mr. Appicello clarified the vote has to be unanimous in order to adopt an emergency ordinance. Mr. Appicello read the proposed ordinance relating to Section 9.08.180 aloud. Councilor Hartzell/Hardesty mls to declare an emergency for the ordinance related to nuisances. Roll Call Vote: Councilors Hartzell, Jackson, Navickas, Hardesty, Chapman and Silbiger, YES. Motion passed 6-0. Councilor Hartzell/Jackson mls to approve first and second reading and adopt Ordinance #2949. Roll Call Vote: Councilors Hartzell, Jackson, Navickas, Hardesty, Chapman and Silbiger, YES. Motion passed 6-0. It was announced that the remaining two ordinances would come back to Council at their next meeting. ADJOURNMENT Meeting adjourned at 10:28 p.m. Barbara Christensen, City Recorder John W. Morrison, Mayor CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Presentation of Ragland Award April 15, 2008 Primary Staff Contact: Administration E-Mail: nla Secondary Contact: Martha Bennet Estimated Time: Diana Shiplet shipletd@ashalnd.or.us Mayor Morrison 5 Minutes Question: N/A. Presentation of annual Ragland Award only. Staff Recommendation: N/A. Background: In an effort to recognize the contribution of public sector volunteers, each year the Mayor and City Council present an annual community service award in memory of James M. Ragland. Through Jim's involvement in numerous public sector volunteer efforts, he contributed significantly to the physical and social fabric of the community that we enjoy today. A committee of the Mayor and Council judges the nominations and decides on the annual award winner. Criteria is based on public sector volunteer services performed, length of service, absence of adequate recognition in the past, and any other attributes the nominee may have that should be considered. Consideration is also given to people who volunteer hours beyond their regular work day to perform a service that benefits the community. This year, nine deserving individuals or groups were nominated for the James M. Ragland Memorial V olunteer Spirit Community Service Award; 1) Amy Amrhein - for work on the Ashland School Board, the Coalition for School Funding Now, the Ashland Schools Coalition and the Soroptimist International of Ashland. 2) City of Ashland CERT Program - for providing a strong foundation for appropriate and organized volunteer disaster response. 3) Mark Mahaljevich - for serving over 5,000 hours to search and rescue with Jackson County. 4) Ralph Neuman - for meeting with seniors at the Ashland Senior Center to provide confidential, uniform, and objective health insurance assistance. 5) Keith Massie - for assistance with Neighborhood Emergency Response Teams, as a member of the Traffic Safety Commission, as a member of the Ashland School Board, for serving on the Charter Review Committee, and for serving as President of the Oregon and SW Washington Chapter of URISA (Urban and Regional Information Systems Association). 6) Delores Marx - for work as the Oregon Stage Works box office manager, Schneider museum receptionist, usher at the Cabaret, volunteer at OSF, board member of RSVP, volunteer at Taste of Ashland, member of the Friends of the Library board, and volunteer at the Empty Bowls Project Page 1 of2 041508 Ragland Award.doc r~' ... I CITY OF ASHLAND 7) Pam Vavra - for actively working on the campaign to pass the Library levy and for serving as chair of the current Citizens' Library Advisory Committee. 8) Terry Skibby - for continued work documenting the history of Ashland through photography. 9) Jim Kidd - for chairing the organization committee for the 4th of July Parade and festivities and volunteering with the Chamber Greeters. Related City Policies: None. Council Options: None. Potential Motions: None. Attachments: None. Page 2 of2 041508 Ragland Award.doc r., '" I CITY OF ASHLAND ASHLAND HISTORIC COMMISSION Regular Meeting Minutes February 6, 2008 Community Development/Engineering Services Building - 51 Winburn Way - Siskiyou Room Historic Commissioners Present: Dale Shostrom, Henry Baker, Allison Renwick, Keith Swink, Alex Krach, Sam Whitford, Tom Giordano Absent Commission Members: Terry Skibby, James Watkins Council Liaison: Eric Navickas, Absent Hiah School Liaison: None Appointed SOU Liaison: None Appointed Staff Present: Planner: Angela Barry; Clerical: Billie Boswell CALL TO ORDER - REGULAR MEETING At 7:05 pm, Chairman Shostrom called the Historic Commission meeting to order. APPROVAL OF MINUTES Mr. Krach asked that the words "a little" be removed from the Carole Wheeldon Memorial paragraph to make it clearer that the Commissioners felt the design was too rustic. Mr. Whitford made a motion to approve the January 2, 2008 minutes as revised and it was seconded by Mr. Swink. Approval was unanimous. PUBLIC FORUM: Tom Phillips, President of the Siskiyou Woodcraft Guild explained the concept of the Carole Wheeldon Memorial bench to the Historic Commissioners. The plan was to use local granite and either redwood or cedar recycled from local sites. Ms. Midge Thierolf said Carole preferred organic materials. They asked if the concept would be acceptable to the Historic Commission. Chairman Shostrom said the location is the southern gateway to the downtown historic district and would need to reflect that distinction. Ms. Renwick felt the design should be more refined and classical. Most of the Commissioners felt the site plan presented was not scaled and detailed enough nor were the sketches of the bench clear enough to understand the design being proposed. Mr. Giordano also suggested photos of the area would also be helpful. Mr. Swink said it would be acceptable to use natural materials and Mr. Krach stated that it was important to reflect on the historic nature of the creation of that corridor and use that as an inspiration for the design. DISCUSSION ITEM A. Parks Department Archive Project - Parks Director, Don Robertson said the Parks Department had several hundred boxes of stuff in their basement that they are going through and documenting. He shared several examples of historic documents and items they had found dating back to as early as 1912 such as a letter from Jesse Winburn agreeing to provide the City of Ashland with 2 swans and some trash cans for Lithia Park. Mr. Robertson wanted information from the Historic Commission on what should be done with items the Parks Department does not have to keep. He offered to let the Commissioners tour the basement to see all that was there. Chairman Shostrom stated the Southern Oregon Historic Society might be interested and suggested the Commissioners discuss some options later after the Public Hearings were done. Ashland Historic Commission Minutes 3/31/2008 CITY OF ASHLAND PUBLIC HEARING: A. PLANNING ACTION: PA2008-00069 SUBJECT PROPERTY: 542 A Street OWNER/APPLICANT: David Gremmels I Carlos Delgado DESCRIPTION: Request for a modification of a previous Site Review approval (PA #2007-01400). The modification requested is a proposed increase to the size of the shed structure at the rear of the property. The existing shed was originally proposed to be reduced from its current size, 378 square feet to 125 square feet; the applicant has requested that the shed be reduced in size by 48 square feet. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP #: 39 1 E 09AB; TAX LOT: 5400 Ms. Barry explained the modification was to increase the size of the rear shed structure. Chairman Shostrom confirmed that the exterior materials would remain the same. The business owner, Jared Renni explained the shed would house the coffee roaster. There being no one in the audience wishing to speak, the public hearing was closed. Mr. Giordano moved that the Historic Commission recommend approval of the modification as presented. It was seconded by Mr. Baker and approved unanimously. B. PLANNING ACTION: PA2007-01940 SUBJECT PROPERTY: 172 Skidmore St. APPLICANT: Urban Development Services, LLC DESCRIPTION: Request for a Conditional Use Permit and Site Review to construct two bathroom additions totaling 115 square feet within the required setback to a historic, legal non-conforming multi- family residential development located at 172 Skidmore Street. The application includes a request for a Variance to the requirement of Section 18.92.070 that the off-street parking be paved and an Administrative Variance to Site Design and Use Standards to allow for parking between the building and the street. COMPREHENSIVE PLAN DESIGNATION: High Density Residential; ZONING: R-3-; ASSESSOR'S MAP #: 391 E05DD; TAX LOT: 1000 Ms. Barry explained that the existing building (unit 7) was only three feet from the property line. This non- conformity remains the same on the bath addition. Mr. Knox said the rentals have been in existence since the 40's and did not have their own bathrooms. The tenants used a common bath in the main house. This application would add an additional 50 sq. ft and 65 sq ft to units 8 and 7 respectively. Not paving the parking area would protect the existing trees. The owner, James Beard stated the neighbors were in support of the changes. There being no one in the audience wishing to speak, the public hearing was closed. Mr. Giordano moved that the Historic Commission recommend approval of the action as presented. It was seconded by Mr. Baker and approved unanimously. C. PLANNING ACTION #: PA-2007-01941 SUBJECT PROPERTY: 1070 Tolman Creek Rd APPLICANT: OgdenRoemerWilkerson Architecture AlA DESCRIPTION: A request for Site Review approval to construct an approximately 52,163 square foot elementary school on the Bellview School site located at 1070 Tolman Creek Road. The application proposes partial demolition of the existing buildings and construction of a new 42,678 square foot elementary school facility. The 9,485 square foot original Bellview School building (circa 1929) is to be retained and renovated as part of the proposal. Also included are requests for a Variance to the required number of bicycle parking spaces to allow 33 bicycle parking spaces where 68 spaces are required; and Tree Removal Permits to remove three Oak trees and one Sequoia greater than 18-inches in diameter at breast height (d.b.h.). The Ashland Historic Commission Minutes 3/31/2008 2 '" I CITY OF ASHLAND application includes the removal of six smaller trees; because these six trees are less than 18-inches (d.b.h.) and located on public school property they do not require Tree Removal Permits. [The Planning Director has determined the proposal is not subject to the Development Standards for Floodplain Corridor Lands because the applicants have provided a survey establishing the floodplain boundary as outside of the proposed area of disturbance.] Map & Tax Lots: 39 1 E 14 CA Tax Lot #4700; Zoning: R-1-5; Comprehensive Plan Designation: Single Family Residential David Wilkerson, from ORW Architecture, reviewed the design details they had added to the plans including windows on the back of the original building as requested by the Historic Commission. He stated that they had withdrawn their request to modify the bike parking spaces. Chairman Shostrom said the detail drawings were too small and the information given was insufficient. He requested a minimum of %" scale on the details. Mr. Krach was concerned about the transition between the old structure and the new proposed structure stating it appeared as an anonymous box. Mr. Giordano suggested that a simple design would make the original structure stand out more. Chairman Shostrom said the preliminary drawings showed more windows and an entry tower that broke up the flat box. Juli Di Chiro explained that the budget was not sufficient to for those details. Mr. Wilkerson said they could look into enhancing the cornice detail and use color to enhance the transition and help the old relate more to the new. Mr. Giordano made a motion to recommend approval of the Bellview school construction with the following design recommendations: . The 1929 school building is separated from the new classrooms by a central building mass, which includes the gym, cafeteria, and kitchen. The Historic Commission has concerns about the connection and architectural transitions between the historic school and this central mass, as well as concerns about the bulk of this central portion of the building. This central mass is composed of three stepped volumes, built of very plain tilt up concrete panel construction. The original of schematic drawings depicted a number of successful transition details that have been eliminated for budget considerations. . The Commission strongly recommends that the architectural team study this central volume to downplay the large mass and enhance the historic connection to the old through the use of architectural embellishments details, and the use of color. NEW BUSINESS: A. Historic Preservation Week - May 11-17, 2008 - Ms. Boswell reported that the nomination form had been posted to the City of Ashland website and would be sent out in the utility bills during February. The potential nomination list will be completed and reviewed at the March 5th meeting and will be divided up and assigned out to each Commissioner. The Historic Commissioners agreed to meet at 5:30 pm before the April 2nd meeting to finalize the winners. OLD BUSINESS A. Review Board Schedule - Mr. Whitford announced he would not be able to attend the March Commission meeting. Februa Februa Februa Februa March 6 Ashland Historic Commission Minutes 3/31/2008 3 CITY OF ASHLAND B. Proiect Assionments For Plannino Actions - 172 Skidmore was assigned to Mr. Swink. Mr. Swink questioned why 520 Fairview was no longer on the list. (Subsequent research showed 520 Fairview had been finalled) P A #2004-138 PL#2005-01226 PL#2005-0 1674 PL#2005-02105 PL#2005-01307 P A#2006-00453 P A#2006-00612 P A#2006-0 1999 P A#2007 -00398 P A#2007 -00798 PA#2007-00579 P A#2007 -01400 PA-2007 -01939 PA-2007-01941 PA-2007-01940 Swink Shostrom Skibb Giordano/Baker Shostrom Swink Shostrom/Giordano Krach Whitford Watkins Baker Skibb Renwick Shostrom,Krach,Swink Swink C. Ashland School District - (see PA-2007-01941, 1070 Tolman Creek Rd - Bellview School project above) D. Lithia Sprinos National Reoister Nomination - E. Sinole Familv Residential Desion Standards - No report F. Co-Sponsorship with Conservation Commission for Fall Workshop - No report DISCUSSION ITEMS - CLG Grant -Ms. Barry explained that the application form for the next CLG grant was due. The Commissioners discussed using part of the money to develop a management plan for Lithia Springs. Mr. Giordano asked if part of the money could be used for the Parks Department archive project. Ms. Barry said she would look into it to see if it would qualify. The Commissioners discussed meeting with Mr. Robertson to view the Parks archives sometime in the next week or so. Mr. Whitford agreed to contact Jay Leighton and Carol Samuelson to see if they could give guidance on what to do with the archive objects. It was also suggested that Terry Skibby may be interested in heading up a sub-committee to follow through with the project. ANNOUNCEMENTS The next Historic Commission meeting will be on March 5, 2008 at 7:00 pm in the Siskiyou Room. ADJOURNMENT It was the unanimous decision of the Commission to adjourn the meeting at 9:35 p.rn. Ashland Historic Commission Minutes 3/31/2008 4 CITY OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MARCH 11, 2008 MINUTES 1. CALL TO ORDER Chair John Stromberg called the meeting to order at 7:05 p.m. at the Ashland Civic Center, 1175 E. Main Street, Ashland, OR. Commissioners Present: Council Liaison: John Stromberg, Chair Cate Hartzell, Council Liaison, absent due to quasi- Dave Dotterrer iudicial items Michael Dawkins Mike Morris Staff Present:: John Fields Bill Molnar, Community Development Director Pam Marsh Derek Severson, Associate Planner Melanie Mindlin Richard Appicello, City Attorney Absent Member: Tom Dimitre, excused Sue Yates, Executive Secretarv 2. APPROVAL OF AGENDA Stromberg said the ftrst item of business after Public Forum will be to adopt the change to the Planning Commission Rules. It was announced at the Hearings Board that Planning Action 2008-00182, 500 Strawberry Lane, would be heard at tonight's meeting. Affected property owners and interested parties were contacted by phone and e-mail. The hearing is scheduled as the second public hearing this evening. Fields/Dotterrer m/s to approve the agenda. Voice Vote: Approved. 3. ANNOUNCEMENTS Molnar announced the Council will be deliberating on the Land Use Ordinance amendments at a special study session on Monday, March 17, 2008. The next two public workshops for the Croman Mill Redevelopment site will be held Wednesday and Thursday, March 19th and 20th at the Bellview Grange at 7:00 p.rn. Both are general meetings open to the public, however, on Thursday the Planning Commission and City Council have been invited to be ftrst to ask questions of the consultants. 4. CONSENT AGENDA a. Approval of Minutes: February 12, 2008 Planning Commission Minutes February 26, 2008 Planning Commission Study Session Minutes MindlinIDotterrer m/s to approve the consent agenda. Voice Vote: Approved. 5. PUBLIC FORUM - No one came forth to speak. 6. TYPE II PUBLIC HEARINGS a. PLANNING ACTION: 2008-00053 SUBJECT PROPERTY: 201 South Mountain Avenue APPLICANT: Ogden Roemer Wilkerson Architecture AlA DESCRIPTION: Request for Site Review approval to construct an approximately 19,375 square foot auxiliary gym and music suite addition on the Ashland High School campus located at 201 South Mountain Avenue. The application proposes demolition of the existing 10,800 square foot auxiliary gym building and of the 5,600 square foot music suite; renovation of the 22,024 square foot main gym building; and a reconfiguration of the parking area located to the east of the existing gym building. The net increase in building area is 2,975 square feet. The application also includes a request for a Variance to the required sideyard setback along South Mountain Avenue; the applicants propose to construct a ramp, stairs and landings to the property line where a minimum ten-foot sideyard setback is required. Ex Parte Contact/Bias/Conflict of Interest/Site Visit Marsh walked through the campus a few times since the last meeting. Dotterrer and Fields had a site visit but no ex parte contacts. Morris attended a couple of basketball games in the gym since the last meeting. Dawkins has run through the area ".' I since the last meeting, but had no ex parte contacts. Mindlin and Stromberg had no ex parte contacts. Stromberg viewed the existing building from S. Mountain Avenue. There were no challenges of bias or conflict of interest. STAFF REPORT Severson reviewed the application and items from last month. The existing parking situation is an item that stood out to Staff. The Site Review Chapter looks at bringing a non-conforming situation (parking) into conformance proportionate to the building addition. The building addition is relatively small at 1.5 percent. The applicants have argued and Staff concurs that by reconfiguring the parking area to meet standards, by improving the landscaping, and the presentation of the building to the street, Staffs concerns have been met. The Staff Report discusses the amount of existing parking being less than the amount needed for the stadium and gym, however the use is not being intensified and there is no increase in parking demand so Staff is not requiring anything additional to address the parking. Severson suggested removing Condition 4 requiring the stadium and gym not be used concurrently. However, Staff wouldn't want to preclude having a gym class in the gym and PE class on the stadium field. Is there a way to avoid conflicting peak demand situations while still allowing the facilities to be used? The applicants submitted a site circulation plan since last month. They are showing accessible routes coming from the reconfigured parking area, bike access, additional bike parking, secondary and primary entries. They are proposing landscape upgrades including trees along Mountain A venue. Severson would also recommend removal of Condition 8E (duplicates 7G). With those changes, Staff would recommend approval with the attached Conditions. Stromberg noted that there was an evidentiary public hearing held on February 12,2008. PUBLIC HEARING Ken Ogden, Ogden Roemer Wilkerson Architecture, AlA, 2950 Barnett Road, Medford, OR 97504, stated the design came after several months of intensive input from teachers, administrators and community members. Ogden discussed all of the positive aspects of the application and how they feel they achieved spaces that exemplify and are conducive to the educational process. JULI DICHIRO, Superintendent of Schools, 885 Siskiyou Boulevard, reiterated Ogden's comments. One of the criteria for the architects was to make the current gym a better educational space as well as a great place to see a game. The goal of the PE program is to promote lifelong fitness. She re-emphasized the amount of public input they have had throughout the process. DiChiro added that they would feel comfortable not exceeding the capacity (3000 people) of the stadium with any combined usages. Currently, the stadium is used about five times a year for football games. If a turf field replaces the football field in the future, there would be a lot more use by community groups and high school functions. She could envision a Pop Warner football game going on at the same time as a play in the theater. She feels comfortable assuring the Commission that they would not exceed the stadium capacity they have now. They would like the flexibility to use a variety of venues as long as the capacity limit is not exceeded. Marsh asked if the bus parking would be left right in front of the new door on Mountain A venue. DiChiro said they could use the bus loop closer to the Administration Building. Marsh expected that a lot of the drop-off and pick-up would happen on Mountain A venue in front of the new door. Are the three parking spaces adequate for the drop-off and pick-up? Ogden said they haven't had any input from the Staff. The campus entrance will be retained. JEFF SCHLECT, 489 Friendship Street, Principal of Ashland High School, said he would like the buses to be parked further down the street (north) with pick up and drop off in front ofthe new Mountain Avenue space. Schlect added that even with the combined theater and gym activities, they have not been anywhere near capacity. Typically, only the home football games would meet capacity. He assured the Commission they would not schedule anything on those days. KATE KENNEDY, 495 Poplar, teacher at AHS, said she is interested in the front entrance too. She thinks it will be helpful being able to have people enter the building on both sides. ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES MARCH 11,2008 2 Questions of Staff - There were no questions. Rebuttal - No comment. Stromberg closed the public hearing and the record. Staff Comment - Molnar said, though the Staff Report can be dry as they try to identify applicable standards, Staff is excited about this project and believes it exemplifies the pride the community has in their academic and civic institutions. He commended the applicant, their team and community for putting forth a design for this building that it long deserved. It meets the community standards for orienting it toward the street as well as the internal parts of the campus, and is a going to be a great asset for many years to come. This is a design that has taken into account the City standards as well as the community process. COMMISSIONERS' DELIBERATIONS AND DECISION It was agreed that Condition 4 and 8E should be removed. Marsh suggested a Condition 8E that the applicant shall present a plan for pick-up and drop-off on the Mountain Avenue frontage prior to occupancy. She would like something submitted to Staff before the building is used that says how the pick-up and drop-off will be used and where the buses are going to park. Molnar said it is part of "adequate transportation." Morris has an issue with maintenance of the landscaping. He thinks that Condition 7D would cover it, but wanted to bring it up as a concern. Dawkins agreed. Molnar said there is a standard in the Site Review Chapter that all landscaping be maintained in accordance with the applicant's plan. The Commissioners agreed that a Condition should be added to re-state the landscape maintenance requirement. Dottorrer/Morris mls to approve 2008-00053 with the removal of Condition 4 and Condition 8E. Add a Condition that the plan for pick-up and drop-off on Mountain Avenue be provided for Staff review and approval prior to occupancy. Add a Condition 7D-4 that landscaping be installed prior to occupancy and maintained in perpetuity. Adoption of Findinas DotterrerlMorris mls to approve the findings for PA2008-00053 with the removal of Condition 4 and 8E and in the inclusion of the new 8E (circulation) and the condition on landscape maintenance. b. PLANNING ACTION: 2008-00182 SUBJECT PROPERTY: 500 Strawberry Lane APPLICANT: McLellan, Robert & Laura DESCRIPTION: Request for Outline Plan Approval to allow a six-lot, five-unit subdivision under the Performance Standards Options Chapter for the property located at 500 Strawberry Lane. The application also requests a Physical & Environmental Constraints Review Permit for Development of Hillside Lands, a Tree Removal Permit to remove 13 trees six-inches in diameter at breast height (d.b.h.) or larger, and an Exception to Street Standards to allow the applicants to end street improvements at the driveway of Lot 5 rather than extending them to the southern boundary of the project. Ex Parte Contact/BiaslConflict of Interest/Site Visit Marsh, Morris, Dawkins and Stromberg were a part of a site visit with Staff. Morris built a house for the current owners and worked for the Shostrom Brothers three or four years ago. Dawkins has been a friend of a neighboring property owner, Karen Darling, for 20 years. He runs in the area frequently and has talks with Darling about the development in her area. He called her to find out if she had signed off on all the items in the packet. She left a message for Dawkins that she was resigned to the fact that it was going to be developed. He's comfortable with that and thinks his bias has been remedied. Mindlin had a site visit on her own, and walked the pedestrian trail on the property. Dotterrer and Fields had no site visit or ex parte contact. Appicello asked if Morris and Dawkins are prejudice or if they have pre-judged this application based upon their prior contacts or involvement, and can they make the decision based upon the facts as applied to the law in this application? Morris said he could and Dawkins agreed There were no challenges of bias or conflict of interest. ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES MARCH 11, 2008 3 STAFF REPORT Severson showed an aerial photo of the site containing the six lots. He reviewed the application as outlined in the Staff Report. The applicants are proposing to create six lots, five of which would contain homes. They are proposing to move the existing gate at the end ofHitt Road 30 to 40 feet to the south to accommodate a driveway. The applicants are proposing an Exception to Streets Standards to not improve the Hitt Road right-of-way to full City street standards all the way to the south property line. The applicant is also proposing an elevation height limit that the applicant will explain to the Commissioners. Staff had two issues with the application. The application seems fairly straight-forward in terms of the subdivision in that the density of the site is not being exceeded. They are not requesting any kind of density bonus. The lots are generally larger than the minimum size. The applicants, of their own accord, identified Lot 6 on the steepest portion of the property to preserve in open space as commonly owned area to protect it from further development because of the slope. The applicants had proposed some solar envelopes in designing the project. (See pages 4 and 5 of the Staff Report.) Some of the solar access envelopes may exceed the requirements for one or potentially two of their lots. Staff did not believe the ordinance gives leeway to do that without requesting a Solar Variance. Severson has included a Condition to state: "That all the lots will be subject to solar access standard "A" unless the applicant either provides evidence that they have a downward trending slope to the north of more than 15 percent (subject to Class "8") or that they request a Variance at the time of Final Plan approval. The houses have been staggered and they have tried to minimize tree removal and driveway slopes, etc. Another item for discussion is the Exception to Street Standards request. The applicants are proposing to remove the existing gate and place it about 30 to 40 feet up the road where they would install a driveway apron. Any necessary improvements up to the driveway would be completed, transitioning the street and sidewalk to the driveway. Beyond the driveway, the applicants are proposing to have the gate and no further improvements. The gate really restricts the use of the road to strictly vehicle access to the City owned water tower above. There are some fairly steep cut slopes along the road currently. Installation of further street improvements and sidewalk would necessitate significant impacts to that those areas when the applicants are trying to protect them from development with the sixth open space lot. Morris was questioned the slope of Lot 6 (referring to it as a "tract"). Severson explained that outright open space is required on developments ofless than ten units. Severson said the applicants could have potentially sought a density bonus to get an additional lot, but chose not to. The applicant has recognized that the steep slopes are a significant natural feature that they would like to see preserved. Molnar said he recalled when Park Estates was developed on upper Morton, there were a few tracts that were unbuildable and they put them in open space. Generally, there are costs associated with fuel management over time and the tracts are put into common area in order to distribute the costs among home owners. Severson said further development of other lots in the area would be to the south and would be severely limited due to the hillside grades. Marsh asked where the Dimino property is located. Severson said they live directly across from Lot 1 at the intersection of Strawberry and Hitt Road. PUBLIC HEARING MARK KNOX, 700 MISTLETOE ROAD, Suite 204, introduced his clients, LAURA AND ROBERT MCLENNAN, LAURIE SAGER, Landscape Architect, and the rest of his team, Mark Amhrein, Geotechnical Engineer, and Mark Kamaranth, Civil Engineer. Knox said they started with the following goals: 1) To create a subdivision that could be seen as a positive hillside development that meets the intent of the Hillside Ordinance, 2) what mistakes did others make in the neighborhood that they could improve upon, and 3) to create a subdivision that does not impactthe existing neighborhood or each other. Stromberg asked if they disagreed with anything Staff brought up. Knox said they are basically on the same page. Knox said the applicants are proposing an average height of homes of about 28 feet or 25 percent less than what is required. They have capped the houses below each house from the houses above. They have tried to tone down the massive rooflines, hopefully make a more horizontal profile. They reduced the density, added some deed restrictions that were not required. They have addressed light and glare, the use of glaring materials and sprinklers. ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES MARCH 11,2008 4 '" I Knox explained how they have increased the setbacks significantly. The zoning has a 20 foot front yard setback, five foot side yard and ten foot rear yard setback. The setbacks range from 24 to 40 feet in order to retain the views for the neighbors. The Tree Preservation plan shows the building envelopes have been curbed all around the significant trees. Of the 72 trees over six inches in diameter, they will remove 13. The ordinance says if you show a tree in an envelope, you are supposed to say you are going to remove it. They are not, however, planning to remove any trees. They have tried to provide enough flexibility within the envelopes that they hope future homeowners/contractors will find ways to work around the trees. The only time trees will be removed, is if a property owner proposes to move a tree because their home is located in the envelope area and then they will have the option to do so. Knox said the caps on the heights are somewhat self-imposed. They needed to know where the driveways would be cut and where they would end up. They wanted to make sure they were not creating an engineering nightmare or an impossible situation where they couldn't meet the requirements. The desire is not to have happen what happened at 360 Strawberry. They have agreed to reduce additional fuels in the area. They have a plan approved by the Fire Dept. Solar Access They are basing everything on the location of the property line. The setback on the side of Lot 2 is showing a 30 foot setback. They plan to move the building envelope ten more feet, using Standard A, and giving the property owner more flexibility, perhaps forcing more earth disturbance. Lot Coverage The applicants are proposing 20 percent lot coverage based upon the entire property including the open space. Some lots may be over and some under. They are asking for the additional coverage to go to other lots. For example, recognizing one of the neighbor's (Darling) needs, the envelope will be pulled way back and the driveway will create more lot coverage. Knox realizes that a neighboring property owner, Mrs. Dimino, has a couple of issues. The gate at the driveway is hugging the edge of the driveway. The applicant is proposing moving the gate an additional 20 to 25 feet up the road to allow for cars to turn around or park and not block the driveway. Marsh asked Knox to respond regarding the Building 1 envelope. By compensating for Mrs. Darling's property, it pushes the building envelope within ten feet ofHitt Road. Ten feet is a much smaller setback than anyplace else in this area. Knox said the lot is a half acre and is still big enough to accommodate all sorts of designs and shapes of houses. They would not have a problem if the Planning Commission would like to adjust the setback. Sager said she did a site visit with Jessie Blue, building designer that came up with the conceptual buildings for the site. Building envelope 1 is a gorgeous place for a home. It did not feel to her like the home would be sitting on a precipice. PUBLIC COMMENT CATHERINE DIMINO, 423 Strawberry Lane. Mrs. Dimino is using Lou Dimino's five minutes to speak. She submitted written materials that were distributed to the Commissioners. She said the building envelopes are too restricted. In general, the larger the building is, the more creativity the owners will have to build a more interesting design. A smaller envelope will restrict that ability. Dimino believes it is unnecessary to give the various lots larger lot coverage. There is plenty of room to adjust the lines. She said the ordinance states 20 percent lot coverage for the lot, not the project. She mentioned moving the gate. There are always people parking on the common driveway for Strawberry Meadows that won't be able to park there once it is developed. Dimino is primarily concerned with Lot 1. The conceptual design pushes the design closer to Hitt Road. She would like to see the envelope along Hitt be moved to the West and a reduction in lot coverage. If the envelope is expanded, she doesn't necessarily mean she wants any trees removed. Lou Dimino said the sidewalk should be extended to the new gate location and a small distance beyond because people use this for passage for hiking and it is always difficult to get around the gate. ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES MARCH 11,2008 5 '" I ALEX KNECHT, 181 Birdsong Lane, stated he was a participant in the development of Strawberry Meadows. He does not oppose the development. He said a trail skirts the applicant's property and it is well used. He suggested a trail from a part of the property up to Hitt Road (approximately 50 feet) for those that don't want to hike up a very steep trail. Since developing his property, Knecht believes the applicant is smart in trying to establish the 20 percent lot coverage from the beginning. Questions of Staff Dotterrer asked what the ordinance says regarding the 20 percent lot coverage for the entire property. Molnar read a portion of the definition of Lot Coverage. In practice, it has been an option for a development early on to look at the coverage of an entire site. Quail Haven is an example that calculated lot coverage based on the entire parcel. Molnar said it is important to look at the Purpose of the Performance Standards. There could be a situation where clustering of homes might be fine, or it might be less appropriate based on the development pattern in the neighborhood. Severson asked the applicant has given a square footage allocation to each lot showing total coverage of the subdivision is 20 percent at Final Plan submittal. Dotterrer asked what the argument is against making the building envelopes as large as possible. Molnar said in hillside areas where there is a concern for reducing the impact on trees, steep slopes, increasing driveway cuts, etc., it is more desirable to have a smaller building envelope. With regard to Lot 1, the main issue would be protecting trees in the area. It seems the applicant has worked with an adjoining neighbor to try to move the envelope. Molnar said the establishment of the building envelope generally falls under review of the natural features of the site. Has the applicant adequately preserved those? One way is by fine tuning of the placement of the envelopes. In this case, it seems there is some flexibility with moving the envelope on Lot 1 and a finding can still be made. Severson said the height elevation limit of Lot 5, is misstated on the February 19th submittal. He believes the finished floor level is 2,449 feet, not 2,443 feet. He would like the applicant to comment Dawkins/Fields m/s to extend the meeting to 10:00 p.m. Voice Vote: Approved. Molnar said if the Commission believes it is an issue, they might want to find out how the applicant is planning to accommodate guest parking. Stromberg noted the public hearing is still open and it might be advisable to give people an opportunity respond to this potentially new information. Fields asked if the access to Lot I committed to how it is shown on the subdivision plan. Severson said he believes the slopes are upwards of 35 percent for the road cut. It would be a bigger disturbance than following the contours and would have to be 35 feet from the intersection. Marsh wondered if there is anyplace for hikers to park. Molnar thought Hitt Road is 20 feet wide. If it becomes problematic and a concern of the Fire Department and people are parking on a 20 foot wide street, there could be a request for No Parking SIgns. Molnar said the remainder of the street past the gate has to be installed to City street standard that might allow some space for on-street parking. He is not certain if that deals with the issue. It's fair to look at a better option. If the majority of the Commission believes guest parking has not been addressed to their satisfaction to approve the Exception, they can ask for additional information. There might be allowances for guest parking on the individual lots. Dotterrer asked under what criteria is the applicant required to provide parking for hikers? Molnar had been speaking about guest parking. Additional homes off Hitt Road will draw more people possibly creating a situation where people will park on Hitt. They are requesting an Exception. The current Street Standards allow the Commission to require street improvements that allow for on-street parking that would speak to that concern. Stromberg asked if there was anyone that participated in the hearing that would like to rebut any of the facts that were disclosed in the discussion. KNECHT clarified that his development did not have the lot coverage for the entire parcel in place. They had to implement it after the fact because of the constraint the lot and 20 percent coverage. Parking at the top ofHitt is going to be a problem. ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES MARCH 11,2008 6 '" I APPLICANT'S REBUTTAL - Knox said the lot envelopes are large enough to accommodate guest parking in the individual driveways. Bird Song Lane provides an opportunity to park and walk. Lot 1 is extremely steep. The first design they did was unworkable. Knox responded to Dimino's concerns. The building envelope for Lot 1 is more than adequate. The width of the envelope (east/west) is 50 feet and north to south is 110 feet. At the narrowest point closest to Mrs. Darling's house, is about 30 feet. He said the applicants are requesting only what has been allowed by adjacent subdivisions. Dawkins/Dotterrer m/s to extend the meeting to 10:30 p.rn. Rol1 Cal1: The motion carried with Dawkins, Morris, Marsh, Mind/in, Dotterrer and Stromberg voting "yes" and Fie/ds voting "no." Stromberg asked if anyone wished to request either the public hearing or record be kept open for seven days. The public hearing is continued to a date certain. Dimino asked the public hearing be left open for seven days. Stromberg said the Planning Commission has the option of keeping the public hearing or record open for seven days. Knox asked the applicant be given seven days to respond if there additional written arguments submitted. Fields/Morris m/s to close the public hearing and keep the written record open for seven days. Voice Vote: The motion carried with Morris, Marsh, Mindlin, Dotterrer, Stromberg and Fields voting "yes" and Dawkins voting "no." The public record will be kept open until March 19,2008 until 5:00 p.m. The applicant will have until March 26th, 2008, 5:00 p.m. to file a written argument - argument, not evidence. DotterrertMindlin mts to continue deliberations to the April 8, 2008 Regular Planning Commission meeting to be held at 1175 E. Main Street, Ashland, OR at 7:00 p.m. ADJOURNMENT - The meeting was adjourned at 10:20 p.m. Respectful1y submitted by, Sue Yates, Executive Secretary ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES MARCH 11, 2008 7 ".' I CITY Of ASHLAND Council Communication Liquor License Application Meeting Date: Department: Approval: April 15" 2008 City Reco;:~A..~. 0 Martha B~r' IV \ Primary Contact: Barbara Christensen email: christeb@ashland.or.us Secondary Contact: None Estimated Time: Consent Question: Does the Council wish to approve a Liquor License Application from Michael Rozenfeld dba Fresh Feast LLC? 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 processing of this application. Background: Application for a new limited liquor license for catering only. 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). In May 1999, the council decided it would make the above recommendation on all liquor license applications. Council Options: Approve or disapprove Liquor License application. Potential Motions: Motion to approve Liquor License application. Attachments: None r~' CITY OF ASHLAND Council Communication A Resolution Authorizing Clean Renewable Energy Bonds to Finance Photovoltaic Equipment Meeting Date Department: Secondary Dept.: Approval: Apri115,2008 Finance Electric Martha Benne Primary Staff Contact: E-Mail: Secondary Contact: Estimated Time: Lee Tuneberg tuneber1@ash1and.or.us Dick Wanderscheid Consent Question: Does the Council want to approve a resolution authorizing Clean Renewable Energy Bonds to pay for a photovo1taic equipment project? Staff Recommendation: Staff recommends that the Council adopt the attached Rate Resolution to provide required financing for the project approved February 19,2008 Background: Council has approved the proposed project and related contracts with the successful bidder to construct photovoltaic equipment. The Federal Government has authorized Clean Renewable Energy Bonds for the City at low interest rates up to $500,000 for this type of project. Since the City also qualifies for Business Energy Tax Credits that will reimburse the City for approximately 35% of the construction costs, only $304,000 of the CREBs are needed to pay for the remainder of the construction and the bond issue costs. The Council approved by motion for staff to apply for $500,000 ofCREB bonds for the community solar program on 2/7/06. Approval was received from the IRS on 11127/06. Council approved the construction ofthe 63.5 kW system by Advanced Energy Systems on 2/19108. Related City Policies: N/A Council Options: Approve this resolution authorizing issuance of the bonds. Take no action and the project would have to be paid from electric Fund reserves. Potential Motions: Move to adopt the attached resolution as presented. Attachments: CREB Resolution Page I of I 041508 CREB resolution.CC.doc r~' RESOLUTION NO. A RESOLUTION OF CITY OF ASHLAND, JACKSON COUNTY, OREGON, AUTHORIZING CLEAN RENEWABLE ENERGY BONDS TO FINANCE PHOTOVOLTAIC EQUIPMENT. BE IT RESOLVED by the City Council of the City of Ashland that: Section 1. Findings. The City Council finds as follows: (1) The City of Ashland (the "City") is authorized by Oregon Revised Statutes Section 271.390 to enter into financing agreements to finance real or personal property which the City Council determines is needed. (2) The City Council hereby determines that photovoltaic equipment included in this project is needed for the Ashland electric system. The City is under a State Renewable Portfolio Standards (RPS) requirement to meet 5% of its load with renewable sources by 2020. This project will be the first step in meeting that requirement. A Federal RPS passage is expected in coming years which could be more stringent than the current State requirement and this project should help comply with the Federal standard. (3) The City has received authorization from the Secretary of the Treasury of the United States to issue $500,000 of Clean Renewable Energy Bonds ("CREBs"). (4) CREBs provide a tax credit to the investors that purchase them, reducing the interest that the City is required to pay on its CREBs. (5) Banc of America Leasing & Capital, LLC ("BALCAP") has submitted a proposal to the City to purchase the City's CREBs for an interest rate of 1.25% per annum, subject to adjustment for changes in market conditions. (6) It will benefit the City to use its CREB authorization in connection with a $304,000 financing of photo voltaic equipment pursuant to ORS 271.390, and to obtain that financing from BALCAP. The project cost is estimated at $455,000. Other funding is available leaving $294,000 of the project and $10,000 of issuance costs needed from the CREBs. Section 2. CREB Borrowing Authorized. The City is hereby authorized to negotiate, execute and deliver one or more financing agreements in an aggregate principal amount of not more than $304,000 and to enter into one or more notes evidencing the amounts due under those financing agreements. These financing agreements and notes (collectively, the "Borrowing Documents") shall be issued pursuant to ORS 271.390, and shall be issued as CREBs. Page 1 - Resolution _ T I Section 3. Security. The Borrowing Documents shall be payable solely from the City's revenues of the City's Electric System and amounts in the City's Electric Fund that the City Official pledges pursuant to Section 4(3) of this Resolution. Section 4. Delegation. The Finance Director, the City Administrator, or the person designated by the Finance Director or the City Administrator to act on behalf of the City under this Resolution (each of whom is referred to in this resolution as a "City Official") may, on behalf of the City: (1) Negotiate the final interest rate and other terms of, and execute and deliver the Borrowing Documents to BALCAP in accordance with BALCAP's proposal, but with any changes that a City Official may approve. (2) Participate in the preparation of, authorize the distribution of, and deem final any disclosure documents that are required for the Borrowing Documents. (3) Pledge all or any portion of the revenues of the City's electric system and amounts in the City's Electric Fund to pay amounts due under the Borrowing Documents. (4) Enter covenants for the benefit ofBALCAP and its successors and assigns regarding the imposition of rates for services from the City's electric system, and the priority for application of electric system revenues. (5) Determine whether interest paid under the Borrowing Documents will be excludable from gross income or includable in gross income under the Internal Revenue Code of 1986, as amended (the "Code"). The City consents to the Borrowing Documents bearing interest that is includable in gross income if the City is advised by bond counsel that such treatment is required by the Code or a City Official determines that such treatment gives the City desirable flexibility. (6) Designate the Borrowing Documents as "qualified tax-exempt obligations" under Section 265(b) of the Code. (7) Execute and deliver any other certificates or documents and take any other actions which a City Official determines are desirable to carry out this resolution. Page 2 - Resolution _ Section 5. Effective Date. This Resolution duly PASSED and ADOPTED this 15th day of April, 2008 and shall take effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ,2008. John Morrison, Mayor Reviewed as to form: Richard Appicello, City Attorney Page 3 - Resolution _ CITY Of ASHLAND Council Communication A Resolution Transferring Appropriations Within the FY 2007-2008 Budget Meeting Date: April 1, 2008 Primary Staff Contact: Lee Tuneberg Department: Finance E-Mail: tuneber1@ashland.or.us Secondary Dept.: Secondary Contact: Approval: Estimated Time: Consent Question: Should Council approve a resolution to adjust budget appropriations for changes in operational expenses to remain in compliance with Oregon Budget Law? Staff Recommendation: Staff recommends approval of the attached resolution to transfer appropriations within specified funds for stated reasons. Background: There are three ways in which to change appropriations after the Budget is adopted. 1. A transfer of appropriations decreases an appropriation and increases another. This is the simplest budget change allowed under Oregon Budget law. This does not increase the overall budget. This is approved by a City Council resolution. 2. A supplemental budget of less than 10 percent of total appropriations within an individual fund follows a process similar to the transfer of appropriations. This process includes a notice in the paper prior to Council taking action. 3. A supplemental budget in excess of 10 percent of total appropriations requires a longer process. This process includes a notice in the paper and a public hearing prior to the council taking action. A transfer of appropriations (Item #1 above) is needed to adjust the FY 2007-2008 budget for the following reasons: . A Transfer of$120,000 will be needed from Contingency in the General Fund with: (1) $100,000 going to the Fire Department to appropriate for higher than expected overtime, health benefits and bank payoffs per employment contracts; (2) $10,000 going to Administrative Services - Miscellaneous for electric user tax revenue in the General Fund deemed uncollectible. The appropriation level was erroneously reduced for the year during the budget process when it appeared as though write-offs would be less. This transfer corrects for that error. (3) $10,000 going to Administrative Services - Municipal Court to appropriate for higher than expected salary and benefit costs. . A Transfer of $109,200 will be needed from Central Service Fund Contingency with: (1) $34,200 going to the Administration Department - Legal Division to cover expenses for outside and contract legal services and (2)$75,000 going to Administration Department- Page 1 of2 041508 Transfer of Appropriations.CC.doc r., CITY OF ASHLAND Human Resource Division to cover expenses for recruitment costs and outside Legal counsel relating to hiring key staff and negotiating labor contracts. This is the first transfer of appropriations request for FY 2007-2008. Two supplemental budgets relating to the use of forfeiture monies by the Police Department were approved earlier in the year. Attached is a resolution for your approval. The recommended changes in the budget are explained after each request. Related City Policies: None Council Options: Council may accept this transfer of appropriations as presented, recommend modifications as discussed or defer acceptance (takes no action) awaiting further information or clarification. Potential Motions: Council moves to adopt the transfer of appropriations resolution, amending the FY 2006-2007 budget. Attachments: Resolution transferring appropriations within the 2006-2007 Budget Page 2 of2 041508 Transfer of Appropriations.CC.doc r~' RESOLUTION NO. 2008- A RESOLUTION TRANSFERRING APPROPRIATIONS WITHIN THE 2007-2008 BUDGET THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Because of the circumstances stated below, the Mayor and City Council of the City of Ashland determine that it is necessary to transfer appropriations as follows: General Fund To: Administrative Services - Municipal Court Administrative Services - Miscellaneous Fire Department From: Contingency $10,000 $10,000 $100,000 $120,000 To Transfer appropriations from Contingency to Municipal Court Personal Services, Administrative Services Miscellaneous and Fire Department Personal Services. Increases in Courts and Fire are due to higher personnel costs in benefits, overtime and bank are due to his is necessary due to higher programming costs associated with operating Cable Television longer than anticipated. Central Service Fund To: Administration Department-Legal Division Administrative Services Department-HR Division From: Central Service Fund - Contingency $34,200 $75,000 $109,200 To Transfer appropriations from Central Service Fund - Contingency to Administration Department- Legal Division to cover expenses for outside and contract legal services and to Administrative Services Department- Human Resource Division for unanticipated expenses for recruitment and legal counsel for labor negotiations Total To: Appropriations $229.200 Total From: Central Service Fund - Contingency $229.200 'f' I SECTION 2. This resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with Ashland Municipal Code Section 2.04.090 duly PASSED and ADOPTED this _ day of April, 2008: Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of April, 2008: John W. Morrison, Mayor Reviewed as to form: Richard Appicello, City Attorney '" I CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Annual Appointments to Various Commissions/Boards April 15, 2008 Primary Staff Contact: Barbara Christensen City Recorder E-Mail: christeb@ashland.or.us Secondary Contact: Mayor John Morrison Estimated Time: Consent Agenda Martha Benne Question: Does the Council wish to confirm the Mayor's appointments for the various Commissions/Boards whose terms end April 30, 2008 as established by Resolution No. 89-24? Staff Recommendation: None Background: The ending term for most Commission/Board members is April 30, 2008. Proper notice was made in our local newspaper and the City's web site on the vacancies. Appointments are 3-year appointments with terms ending April 30, 2011 with exception of the Planning Commission which are 4-year appointments with terms ending April 30, 2012 and the Band Board which are I-year terms. The following are the recommendations made by the Mayor. Airport Commission Reappoint both Alan DeBoer and Goa Lobaugh Band Board Reappoint Marvin Belford, Don Bieghler, David Hoxie, Harry Kannasto, Mike Knox, Doug MacDonell and Raol Maddox. Bike and Pedestrian Commission Reappoint Steve Ryan and David Young Appoint Eve Woods as SOU student liaison terms Buildin!! Appeals Board Reappoint both Darrell Boldt and Tom Giordano Conservation Commission Reappoint Ross Finney Forest Lands Commission Reappoint Dan Maymar Page I of2 r. , CITY OF ASHLAND Historic Commission Reappoint Henry Baker, Tom Giordano, and Alexander Krach Housin2 Commission Reappoint Stephen Hauck and Carol Voisin Plannin2 Commission Reappoint Michael Dawkins and Melanie Mindlin Appoint Michael Church Appoint Deborah Miller (completing John Fields term which ends April 30, 2010) Public Arts Commission Reappoint Melissa Markell and Annette Pugh Traffic Safety Commission Reappoint Colin Swales Appoint Laurence Blake Tree Commission Reappoint Kelly Cruser Related City Policies: Resolution No. 89-24 Council Options: Approve or suggest changes to the Mayor's appointments. Potential Motions: Motion to approve annual appointments to the various City Commissions as recommended by Mayor John Morrison. Attachments: Applications received Resolution No. 89-24 Page 2 of2 rj.' . 1 ~ r RESOLUTION NO. 89-~i A RESOLUTION RELATING TO PROCEDURES FOR THE APPOINTMENT OF PERSONS TO VARIOUS CITY BOARDS, COMMISSIONS AND COMMITTEES. WHEREAS, Section 2.04.081 of the Municipal Code sets forth public notice requirements regarding the appointment of persons to various boards, commissions and committees; and WHEREAS, it is the desire of the Mayor and city Council to encourage greater participation by citizens and by all elected officials in the selection process. NOW THEREFORE BE IT RESOLVED, as follows: SECTION 1. The public notice requirements in Section 2.04.081 of the Municipal Code shall be considered minimum requirements. SECTION 2. The number of days prior to the date on which annual appointments or re-appointments are to be made and the specific actions to be taken by those dates, shall be as follows: 60 days. A public notice entitled "Notice of Appointmentll shall be published as set forth in Sec. 2.04.081 of the Municipal Code. 30 davs. (1) Deadline for applications from citizens; and (2) a complete set of applications shall be forwarded to the Mayor and each Councilor within three (3) days after said deadline. 20 days. Final day for individual Councilors to submit their personal recommendations to the Mayor. 10 days. Mayor is to submit a preliminary list of recommended appointees in writing to each Councilor. 7 days. Final day for individual Councilors to provide the Mayor with any final comments concerning the list of recommended appointees. 4 days. Mayor is to submit a final list of appointees for inclusion with the agenda packet. SECTION 3. For vacancies which occur during the balance of the year, the timetable set forth in Section 2.04.081 shall apply. The foregoing Resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the city of Ashland on the 20th day of June, 1989. / -1 r/- \ '-:,/71L/1~/ f; ~ /.?d~h-/~, Nan E. Franklin City Recorder SIGNED and APPROVED this .;t I...-t day of .~,_-' 1989. -, ~~?/~~/,---~ Catherine M. Mayor )" 7~kAC?Z-__ Golden CITY OF ASHLAND 2008 Annual Commission/Committee Appointment Process {Per Reso. 1989-24} Monday, February 11 A public notice entitled "Notice of Appointment" shall be published as set forth in Sec. 2.04.080 of the Municipal Code. Tuesday, March 11 (1) Deadline for applications from citizens; and (2) a complete set of applications shall be forwarded to the Mayor and each Councilor within three days after said deadline. Friday, March 21 Final day for individual councilors to submit their personal recommendations to the Mayor. Friday, March 28 Mayor is to submit a preliminary list of recommended appointees in writing to each councilor. Monday, March 31 Final day for individual Councilors to provide the Mayor with any final comments concerning the list of recommended appointees. Monday, April 7 Mayor is to submit a final list of appointees for inclusion with the agenda packet. Tuesday, April 15 Appointments confirmed by the Council at Regular Council Meeting. CITY RECORDER'S OFFICE Barbara Christensen, City Rerorder/Treasurer 20 E Main Tel: 541-488-5307 Ashland. Oregon 97520 Fax: 541-552-2059 www.ashland.or.us TTY: 800-735-2900 ~.l' AIRPORT COMMISSION 3 Positions Available: · Three positions for terms to expire 4/30/2011 Members Requesting Reappointment: · Alan DeBoer, First Appointed 3/21/2006 · Goa Lobaugh, First Appointed 6/15/2004 New Applications: · NONE BAND BOARD 7 Positions Available: , Seven positions for terms to expire 4/30/2009 Members Requesting Reappointment: , Marvin Belford, First Appointed (unknown) , Don Bieghler, First Appointed (unknown) , David Hoxie, First Appointed (unknown) , Harry Kannasto, First Appointed (unknown) , Mike Knox, First Appointed (unknown) , Doug MacDonell, First Appointed (unknown) , Raoul Maddox, First Appointed (unknown) New Applications: 'NONE "'i I BICYCLE & PEDESTRIAN COMMISSION 4 Positions Available: · Two positions for terms to expire 4/30/2011 . One position for a term to expire 4/30/2009 (Vacancy created by the resignation of Selene Aitken) · One SOU Student Liaison Position Members Requesting Reappointment: · Steve Ryan, First Appointed 8/21/2007 . David Young, First Appointed 11/15/2005 New Applications: . Eve Woods* (SOU Student Liaison Application) "" I l~~~~:~) CITY Of ASHLAND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE BY: -------------------- Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email christebo.ashlaod.or.us. If you have any questions. please feel free to contact the City Recorder at 488-5307 Attach additional sheets if necessary. Name Eve C. Woods Requesting to serve on: Bicycle & Pedestrian Commission - SOU Student Liaison Address 1103 Withington St.. Medford. OR 97501 Occupation SOU Student Phone: Home 541- 773-8515 Work Email: eve_woods@hotmail.com Fax 1. Education Baek2round What schools have you attended? Skagit Valley College. Olympic College. Whatcom Community College and Southern Oregon University What degrees do you hold? AAS degree What additional training or education have you had that would apply to this position? In 1994 I took a traffic safety course at Oak Harbor HilZh SchooL 1 have taken various courses in communication. public speakin~ and skills for the work Dlace. I am currently studying human services and psychology at SOU. 2. Related Exoerience What prior work experience have you had that would help you if you were appointed to this position? For over 10 years I have worked in customer service and office clerical positions. A few of the comnanies I have worked for recently are Bear Creek COfJ).. Davis Finish Proiects. and SOU Women's Resource Center. Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? Yes. it is beneficial to have additional training. I like to understand other nerspectives. Then I can look at the circumstances from both sides and make an educated sug~estion on how to fix the problem. rA' -J: J 3. Interests Why are you applying for this position? I feel very stromdv about keeping Ashland a safe and comfortable place to visit and live. I know that I have the abilitv to communicate well with others and help them understand situations better. I am willin2 to work with all walks oCHCe to live safely in harmony. 4. Availability Are you available to attend special meetings. in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? Yes. evening meetings will work best with mv school schedule 5. Additional Information How long have you lived in this community? I was born in Ashland and have lived here in Jackson county on and off for ap.proximately 14 years. Please use the space below to summarize any additional qualifications you have for this position I demonstrate speaking. listening. writing and interacting skills necessary to participate as an effective team member. I organize. process. and maintain written and/or computerized records and other forms of information. I exert a high level of effort and oerseverance toward achieving goals. I work and communicate with clients and customers to meet or exceed their expectations. Most of all I am trustworthy. reliable. and friendlv. I have received numerous awards for my communitv service. Here are a few; Kiwanis Bennet Memorial Trust Scholarship for Communitv Service. F.B.L.A. Regional Award for Business Communications (Future Business Leaders of America). F.C.L.A. National Star Award (Future Community Leaders of America). and the Washington Business Week Scholarship Award February 29. 1008 Date ~;., I z ~l: I 0 I t- t . CJ I U !: ~L I ....I % oC( I I oC( en a~ w c I E < 1 UI~ I (0 I ?; ~ I' CD I ~ I II) l"- I ~C::~ i <C I a.n I 001: CJ CO I ] UI 0:;:'11 - I ...J,- I:()E U. ci I < oi:!o - z I ~ --0 ~ UI I fI2 )(, ;"'... 5 I H UJ' ()I:", a:z ~ci . CJ) -", ii: ~ ~()aa ~~ ~ Wz ;B-- 0 > , :ao~ W a:!,2 > (,) 0....1 !z ~~.c: I: ::) eQ,-CD Z a:e Ii; ;j ~f t-jE 8 -_0-.::: J a: '11 003 CD o eno ii: CI)_",Q. ~~ ()C:CD)C - uCJ 'i:Q)~LU ~ -z a: -~~- <C .....- . ~ IV c: - CD j a:I% ~ CJ ::) en . > ~Q)()CD -~ -i-~J -I:.c: a.< aac:-~ ::;) IL ~ ~l:c: i o e. CDO .- .! Q.:;:: 0 ~ ; N W za: CD~()_ ~ o : W:E 'iiCl)i:!~ . ~I : c~ ~ ~ g ..\ E : 1;; .S a == z..... d ~ Wo O_c:.c: ).: o -CD W~ :a..~-ID lD :I: _ 0 c W I- U. II: ' I- ~, :;~CD W ~ Z W w W ~ < 0 <C~ lii UI > -CD", C 'oC( ~ l= I::: 0 (I):.... :> z z .:.: < "!' "'O~ U)U) ....I II) (,) CD"'O 0 ,. < g~o II: 0 CJ ., :I: G- o .... ~oq CD W - > CI)(I)~ U) t5 .... u. ~ W IL ..... U. ~ "''11 ,:j a: 11. a:: ::r '11 tn ~ <C w ~ :z: w 0 0 U) 0 i5 0 a:: (,) a: ffi J ::r ..J w g (,) t- <ij u.' 0 en 8 en (/) 0 u cr !Q W w ::t ::t ::> cr w' w ~ ~ 0 en ~ 0 ~ - :J: ::t (,) :f < 0 .... z < 0 t- ; ~ I, I' I I \ i' .~ 8 II: W .~ W (I) ~ ::J I (!J z as e ::J IL o ~ o ".: I BUILDING APPEALS BOARD 2 Positions Available: · Two positions for terms to expire 4/30/2011 Members Requesting Reappointment: · Darrell Boldt, First Appointed (unknown) · Tom Giordano, First Appointed (unknown) New Applications: · NONE .,: ( CONSERV A liON COMMISSION 1 Position Available: · One position for a term to expire 4/30/2011 Members Requesting Reappointment: · Ross Finney, First Appointed (unknown) New Applications: . Chad Derosier · Shelley Lotz · Greg Williams "I' , IDl ~~~JlWU:ll{1 in FEB 2 5 2008 lID BY: ______________._._.. CITY OF ASHLAND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email christeM.i)ashland.or.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name Chad M Derosier Requesting to serve on: Conservation Commission Address 952 B Street #3. Ashland, OR 97520 Occupation Company "The Chai Guy" Vice President, Heartsong Herbal Brewing Phone: Home Work E- mail: Fax 541-210-7321 541-488-5614 chai guv@heartsongchai.com 541-488-5629 1. Education Backe:round What schools have you attended? Keene State College, 1996-2001, Dakubetede Environmental Education Programs 2000 What degrees do you hold? BS, Environmental Policy with a Specialization in Geography. What additional training or education have you had that would apply to this position? While in college, I held the Secretary, Vice President and President positions in Campus Ecology, an environmental student organization. While under my presidency. Campus Ecology received the "Best Student Organization of the Year Award. " I served as the Student Body Vice President as well. I attended the Dakubetede Environmental Education Programs Ecostery, (www.deepwild.org) which is a two-month, residential-intensive environmental education program, studying applied conservation biology, natural history of southern Oregon, environmental ethics, and community studies. I have attended several environmental conferences on the east and west coasts. I have also attended several "Green Festivals, " hosted by the Co-op America Green Business Program, of which Heartsong is a member. 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? I worked at The New England Forestry Foundation. which conducts land conservation easements on private and public lands. and RESTORE: The North Woods, whose goals is to create a 3.2 million-acre national park and preserve in Maine. These jobs gave me an inside look into various land preservation, conservation and protection practices. I currently serve on the Board of Directors for the Birch Creek Arts and Ecology Center located in the Little Applegate, and worked alongside Chant Thomas of TELA. V (Threatened and Endangered: Little Applegate Valley) to create a wildlands plan. I have conductedfield research for Phase 1 Site Assessment and Remediation projects at the Environmental Research Institute at the University of Connecticut. Most currently, I have been managing the Heartsong Herbal Brewing Company as "green" business, consistently seeking out ways we can reduce our environmental impact. Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? Yes. In my experience, I believe that any further education in the area that one works allows for more comprehensive critical thinking in any decision-making process. Conferences and seminars allow the individual to fully submerge themselves in the subject material and keep informed on the latest information available. Networking with other people working in the same or similar field is advantageous for learning new methods and to gain knowledge of what other communities are doing. 3. Interests Why are you applying for this position? I am seeking ways to become more involved in my immediate community in a greater way. I want to serve on the Conservation Commission as I have a deep commitment to environmental conservation, preservation and protection, and restoration. I absolutely love living in Ashland because it is progressive and is located in such a pristine part of the country. I want to be a participatory member of my community in an area that I have a great deal of passion for. 4. A vailabilitv Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? I am available to attend special meetings in addition to the regularly scheduled meetings. My job sometimes demands that I am out of town on an irregular basis but I spend most of my time in Ashland. I prefer evening meetings but I am available for day meetings. 5. Additional Information How long have you lived in this community? I have lived in Ashlandfor over two years. I have lived in the Little Applegate and Jacksonville, for two years. {lived in Southern Oregonfor a year in 2000-2001. Please use the space below to summarize any additional qualifications you have for this position. 2/24/2008 Date Chad M. Derosier Signature 'A' 2 CITY OF ASHLAND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email christeb@ashland.or.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name Shelley Lotz Requesting to serve on: Conservation Commission (Commission/Committee) Address Box 1362. Ashland (4878 Hwv 66-no mail here) Occupation Author. Consultant. Esthetician. Business owner Phone: Home 482-7073 Work 840-9474 Emaillotz.shellev@g;mail.com Fax n/a Education Backuound What schools have you attended? SBAP; SOU; R.E.. (orivate career schools) What degrees do you hold? BS in Biology. geograohy. communications (environmental ed focus): Esthetician license. will be SBA What additional training or education have you had that would apply to this position? Currently attending; a Sustainable building advisory orogram 1. Related EXDerience What prior work experience have you had that would help you if you were appointed to this position? SOU environmental center manager. 1995-1997; local Earthweek '95 chairperson. events coordinator: business ownershio/management; instructor/educator: writing experience: marketing. Former owner of Oregon Institute of Aesthetics; consultant; oublished author for national textbook. Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? _ Yes. to learn about conservation technology; practices. and how to implement them. It is my current educational focus. I'A' 2. Interests Why are you applying for this position? I have always been interested in conservation and sustainabilitv. I want to get involved in the communitv and promote conservation; make it a focus in my life and future career endeavors. A vailabilitv Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? Yes. days oreferred. I mainly work for myself. so mv schedule is flexible. 3. Additional Information How long have you lived in this community? Since 1985. so over 22 vears... Please use the space below to summarize any additional qualifications you have for this position Life experience. work experience. community volunteer experience. prooertv development exoerience. genuine interest in making a difference. 1/25/08 email) Shelley Lotz {via Date Signature I'A' Shelley Lotz Box 1362 Ashland, Oregon 97520 January 25, 2008 Ashland Conservation Commission 20 E. Main Ashland, Oregon 97520 Letter of interest: Commission Position Application. To the City and the Conservation Commission: Please consider this application for a position on the conservation commission. While browsing the web site about the house tour and energy rebates last year, I noticed there are positions open. I have always been interested in conservation and sustainability and want to get involved in the community and help promote conservation. Experience and Education: . Sustainable Building Advisory Program. Will be Certified SBA. . Business owner, extensive business startup/management experience. . BS in Biology, geography and communications from SOU, 1997. . SOU environmental center manager and cofounder (1995-1997); local Earthweek '95 chairperson and events coordinator; recycling and other conservation programs on campus. . Self-employed with 20 years in the esthetics industry. Licensed Esthetician. . Portland Energy Conservation Inc. Administrative Assistant, 1998 (Building Commissioning). . Instructor/educator with writing and marketing experience. . Former owner of the Oregon Institute of Aesthetics (1999-2006). . Consultant and a published author for a national textbook. . Real Estate education and experience; Residential property development. . Focused on learning about sustainable technology, building and living. . Resident in the community for 22 years. . Will be joining the USGBC. I am excited to learn more about conservation technology/practices, and how to implement them. It is my current educational and career focus and I hope I can be of service to the community. I think it would be a good experience and that I can contribute to the conservation commission. Ifthere is any other way I can get involved or any employment opportunities, please let me know. I am especially interested in the educational side of conservation. Thank you for your consideration. Shelley Lotz 840-9474-cell 482-7073-home lotz.shelley@gmail.com 'I: I CITY OF ASHLAND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE n ,} llL~qlD 1 ,11 .fr Please type or print answers to the following questions and submit to the City Recorder at City Hall. 20 E Main Street, or email christebltllashland.or.us. If you have any questions. please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name C.,tc. \ Requesting to serve on: ~~\\~~~ ~ (~....SIt" .J ~ \"0\1\ ~ommi~mmittee) Address 7 'i ~ \~ e. \'I"\t\V\. S \ Occupation Ul."AL U:U l'V OlUL \op t/ What degrees do you hold? ~...... ~,c>\o "\~ What ~itiona1 training or edu~ln have you had that would lif)ply to this position? J... ~- ~\l,JL.\Of~.;\.l a ~u5\-c.i~bk ~u!.;...c \ C:). Q. C . I 3+ '( ~'l- ~5!:>- e (./~:J. . 1. ~ '~ c?Btl ~e:t b; ~ \):\ \b~ L . ",d ).~ u_ 10'/ oL (O\\f'Q -"o'\1oJ d,y'C!( Phone: Home Work Email Fax 1. EdUcatioD Baek2rouDd What schools have you attended? f'oj td 2. Related Exoerience What prior work experience have you had that would help you if you were appointed to this position? D l \ I (\ \ ~"'LA A"!"\\. ~c\ b"'fO",,-,,-W~O c;. Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? - $",-,.1<" (lCh..tJ ~"" } 'c..",Q....J ,'\ ~ \ \. r~' 3. Interests Why are you applying for this position? T \'t..\"f.\Jt. +\0\ T \-"'- 1~~4.' ~ M '-u L,ousk( (?'~tJ:. \ \ (~....... ~, ,,~ -..)-t. r\ ~ (. \", I..w \ .~ ~ ~; '^ t. C\ \.-uA\..... I T 4. Availabilitv Are you available to attend special meetings, in addition to e regularly scheduled meetings? Do you prefer day or evening meetings? . ,.I , t \ oS As 5C-~u\(.~ 1 0 v-~ 5. Additional Information How long have you lived in this community? r; L. .., Q.~, <;. \ Please use the space below to summarize any additional qualifications you have for this position <;'. ,. < .\. ,,_ A ~\.. U C'\ 1 C..~ ! \ s '/ "'\ .~..c "5 tV.l-t.c\ __ ~ MC A ~O~,. ~ tl- C ~-';)V u> r c,....... vc. '- J, u uJ As\...\~(\ ?~\~'" ~,J ~ P,"Srdt~ 5' \) C Co~~.' "et. \O\A~ L,~ +0'1 -:C ~~\~~ l \. 1o,'(cL Co f"\.~ .'so;,' o-'\. 5~~ t.c\ 1 \. I \ St.-'''' LC\ "~t ~ C~H" ~ 0_ 1'1..\"'\0 I- Date " r~' FOREST LANDS COMMISSION 1 Position Available: · One position for a term to expire 4/30/2011 Members Requesting Reappointment: · Dan Maymar, First Appointed 8/2/2005 New Applications: · NONE HISTORIC COMMISSION 3 Positions Available: · Three positions for terms to expire 4/30/2011 Members Requesting Reappointment: · Henry Baker, First Appointed 9/7/2004 . Tom Giordano, First Appointed (unknown) · Alexander Krach, First Appointed 11/21/2006 New Applications: · NONE HOUSING COMMISSION 3 Positions Available: · Three positions for terms to expire 4/30/2011 Members Requesting Reappointment: · Stephen Hauck, First Appointed 9/5/2006 · Carol Voisin, First Appointed 3/16/2004 New Applications: · Randy Dolinger · Nicholas Frost Th)~@~!tW~~~ lUl FEB 2 7 Z008 lID ~~:_------------------- C.ITY OF ASHLAND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or ernail . If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name 7<./tJ/DV DDL- /N6L~ Requesting to serve on: J...b v.s / /!/ 0 (Commission/Committee) Address -rFC;-hV jell LLt( J.k:>ft7FL~5s; ~L/o 6J)f;o 5 r (/rJ,lfIL) Occupation CJ.J-E7:7rc;-AcJ..l.l.#<. Phone: Home ~g.;2-e;q~ 7 (Mt:--s5A6E) Work Ernail rdc~/J9e.r ~ ,-,Ma::> C".:TrVl Fax ' 1. Education Bacuround What schools have you attended? What degrees do you hold? ljJl/ C. d ~Rel;N580/20J ,.11. (! . /lItPAI ~ (:7 tuA6 A eJl.E5~- I::--XPt77.?/ A-r A-6c-- 17) - What additional training or education have you had that would apply to this position? ~o Yc-~J25 TAA-va-L.lb0 Hmdl/M/5C/-IOa. o,c I /-h'f-I?.l;> /<' AJOC,e5' 2. Related EXDerience What prior work experience have you had that would help you if you were appointed to this position? C:;"eJmE ~1?c-~G7f/6E /-1/ /?u:-4-5,P&<:75 tP,c /.Le:>mE c:b A.l571PtJc::;:r;vA/ ..L//14-//lJ/c?7YAIc? Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? Cj &~.. El)uc.47Jo~ /S /J1L/ c7/1/6CJ//!/6 P;Y(OCC'S> ~A' "I: I 3. Interests Why are you applying for this position? ,30~. f/ E7l-;(' my /Yc-x :5'I'FC7/IIF1 45 /1 , /-h/)tF~5 ft)/l-N~ W/L-L bE V/ifLv,!/BcE' 7C/ 7Y/S COM~{)N/Tf' 4. Availabilitv Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? crEe;, EIT/f-ff DM O~ Cv~/Al6 . 5. Additional Information How long have you lived in this community? / g y c=/l.k'S' Please use the space below to summarize any additional qualifications you have for this position :;L ~!/t? /J.Lk./A~) c-/f/SLJP~ ~/A-6 lv/7;7-/- /J~Lb ~OM EVE12r,.; hAL-I< o~ LIFE; ~ Ail/D //1/ /J? tJ5T !::-t/ c:=;(2 Y CI kJ e C/ //Yl5'~c!& . :t . ;:-/-;IJ!/F LoNe; .Ifl.6 0 ~ E;4L/ 2cV 77-h9-T tu;/?7-T hF 5/1-/J-RF I #5 /Iu/JJ?UI 3C-/AJ65, /5 50 /J? uc;I-J /J/tJ,et:- , , /m,co/<~ TH/l-A./ cVH/l-r- .5~5 7Z':J -5 E/'A/<~ US, ~ /1>>7 /I- tb OC/f';> L/5-;t:=?'.Jfi5(l A-JVD # &I//~ LI#A/e;R I #-//0 J LO~I( k.elu#j) 70 .oO/4/b ?t/##T / C/J:;V m,50//7~ ~F c;,C 8elUEFlT 70 /#/5 COM/JJOA//~ c2/~'? /~e Dat6 ' ~ ,dJ~ ~ l'~' "I: I 100 ~(g~j1W~1ID IDl MAR 1 J 200B ll!J BY: ____________________ CITY OF ASHLAND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email christeb@ashland.oLus. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name: Nicholas Frost Requesting to serve on: Housing Commission Address: 963 Tolman Creek Road, Ashland Occupation: Internet sales and marketing, Notary Public, Editor Phone: Home: (541)-324-3283 Work Email: nikofrost@yahoo.com Fax 1. Education Bac~round What schools have you attended? Ashland public schools 1977-1989, DoaneStuart Catholic School, Albany, NY, 1989-1990, John Woolman Quaker School, Nevada City, CA 1990-1991. Southern Oregon State College, 1991-1995 What degrees do you hold? None What additional training or education have you had that would apply to this position? Some architecture seminars at University of Oregon and a deeply researched interest in co-housing design. 2. Related EXDerience What prior work experience have you had that would help you if you were appointed to this position? I bring a broad perspective to the housing commission. I have been a homeowner and landlord in rural Ashland. I was involved in the property management of two family-owned duplexes on Maple Way, and I have been a renter in Ashland for the last few years. During my campaign for city council in 2006, affordable housing was a major issue. I learned much going door to door and heard the voice of Ashland through many points of view. Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? I am always willing to learn and keep my mind open. While my understanding is broad, I enjoy any opportunity to learn. Moreover, as the environment and technology changes one must keep abreast of new data. ~&, 3. Interests Why are you applying for this position? I have seen the opportunities for young graduates and families slowly dissolve over the decades. Families are the stable common thread of a tourist business-student-retirement community. During the 2006 campaign, I was frustrated by the disparity between rhetoric and action. This commission, here, now may be the chance to begin making a difference. 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? I am applying for two commissions, tree and housing. I have time for both, and my schedule is flexible. I tutor elementary students at Walker School some afternoons. 5. Additional Information How long have you lived in this community? 32 Years, since 1976 Please use the space below to summarize any additional qualifications you have for this position. Willingness to serve the people of Ashland and a thick skin. I'm also more oflistener and mediator than strident vocalizer. 3-f~off ~ Signature Date r., PLANNING COMMISSION 4 Positions Available: · Three positions for terms to expire 4/30/2012 · One position for a term to expire 4/30/2010 (Vacancy created by resignation of John Fields) Members Requesting Reappointment: · Michael Dawkins, First Appointed 5/18/2004 · Melanie Mindlin, First Appointed 8/1/2006 New Applications: . Laurence Blake · Michael Church · William Donlon · Nicholas Frost · Eric Heesacker · Deborah Miller · John Rinaldi, Jr. · Stephen Ryan · Brent Thompson ~ ~@~'jJ,"W~' t IJI~R 1 1 looe " ---------- 6 \: ---------- CITY OF ASHLAND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email christeb@ashland.or.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name: Nicholas Frost Requesting to serve on: Planning Commission Address: 963 Tolman Creek Road, Ashland Occupation: Internet sales and marketing, Notary Public, Editor Phone: Home: (541)-324-3283 Work Email: nikofrost@yahoo.com Fax 1. Education Back~round What schools have you attended? Ashland public schools 1977-1989, DoaneStuart Catholic School, Albany, NY, 1989-1990, John Woolman Quaker School, Nevada City, CA 1990-1991. Southern Oregon State College, 1991-1995 What degrees do you hold? None What additional training or education have you had that would apply to this position? Some architecture seminars at University of Oregon and a deeply researched interest in co-housing design. 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? I bring a broad perspective to the planning commission. I have been a homeowner and landlord in rural Ashland, and I have been a renter in Ashland for the last few years. During my campaign for city council in 2006, the downtown plan was a major issue. I learned much going from what the city has and has not done in this direction. Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? I am always willing to learn and keep my mind open. While my understanding is broad, I enjoy any opportunity to learn. Moreover, as the environment and technology changes one must keep abreast of new data. ~.l' 3. Interests Why are you applying for this position? I have seen Ashland grow for the better and the worse over 32 years. I wish to help Ashland continue to be the unique community it has been and is tday. 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? I am applying for two commissions, housing and planning. I have time for both, and my schedule is flexible. I tutor elementary students at Walker School some afternoons. 5. Additional Information How long have you lived in this community'? 32 Years, since 1976 Please use the space below to summarize any additional qualifications you have for this position. Willingness to serve the people of Ashland and a thick skin. I'm also more of listener and mediator than strident vocalizer. :t'/Im Date '-:2--/-.'--~.. ::::-----... Signature ~A' 0'1 I <9 'if.~~'if.\ t~ '\ 1~~'O "'~\\ \. ~. "" ,- 'a '(.. ,-----,-'~~:se type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email christeb@ashland.or.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. CITY OF ASHLAND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Name: John Rinaldi Jr. Requesting to serve on: Planning Commission Address: 459 Briscoe Place. Ashland. OR 97520 Occupation: Semi-retired Phone: Home 488-1136 Work: (same) Email: john@rinaldinet.com Fax: 488-3377 1. Education Backe:round What schools have you attended? California State University at Northridge and Cal Poly, San Luis Obispo, California What degrees do you hold? I have a bachelor's degree in Ornamental Horticulture (landscape design emphasis) from Cal Poly What additional training or education have you had that would apply to this position? I have attended numerous seminars through the Urban Land Institute relating to urban development: residential, commercial, mixed-use, industrial parks and redevelopment. 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? I was employed by the City of Henderson, Nevada for 18 years (ending in 2006). I was the City's Property Manager, directing not only the sale, purchase, lease and exchange of property for the acquisition of land for public facilities such as parks, fire stations, etc., but also for City-initiated enterprise projects such as acquisition and development of a 500 acre college campus, residential subdivisions, and an industrial park. For the last 3+ years at the City, I was also manager of the City's redevelopment program. I directed housing initiatives, faf;ade improvement programs, infrastructure enhancements to promote private sector investment, downtown free WiFi, special events, creation of additional redevelopment areas within the City, and negotiated development and disposition agreements. Through each of these efforts I had extensive interaction with the public, citizen groups, the planning commission, the city council, as well and state andfederal elected officials. 'J! I Having been involved in the planning and development process for a community which was the fastest growing large city in the country for several years during the mid-l 990 's, 1 know first hand what benefits and detriments growth brings to a community; and the City of Henderson, where quality of life is a core value, ensured through diligence and determination that growth not only paidfor growth, but that the overall character of the city was enhanced by it. Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? Yes. Aside from learning the land use regulations of Ashland, it would be important to have continued exposure to emerging concepts regarding livability, sustainability . (economically, environmentally and socially), transportation and parking, neighborhood identity, affordable housing, etc. 3. Interests Why are you applying for this position? I feel I have amassed a valuable set of knowledge and skills through my 18 years of experience in local government and at this point have the time and desire to use them to assist the City of Ashland - and thereby contribute to the community that my family now calls home. I am also keenly aware that solutions that worked in one community often do not work in another, and am committed to being open minded, receptive to diverse points of view, deliberate, and willing to engage in informed debate to arrive at solutions. 4. Availability AIe you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? Yes. I can beflexible on times. 5. Additional Information How long have you lived in this community? Our family have been visitors to this community for many years, bought our first house here 3 years ago and have lived here since July 2006. Please use the space below to summarize any additional qualifications you have for this position. 1 am a conscientious, dedicated individual and apply myself to whatever endeavors I undertake. I committed nearly 25 years to public service and place great value on workingfor the benefit of the community w re I live. I hope I can be a positive influence on the Commission and look forw to the opportuniJ:.!..o seif. Jl\tlNJ- Ilj ta:>~ ~,..( ~ Date Signature ~~, 100 ~@~TI\W~1ffi I MAR 1 1 2008 lID CITY OF ASHLAND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE B Y: n__.Please.~.pe.Qr print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email christeb~ash]and.or.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary . Name_Stephen Daniel Ryan Requesting to serve on: Planning (Commission/Committee) Address 657 C St. Ashland Occupation_Resolution Video, Inc.;_SOU Hannon Library; DUDE; private clients Phone: Home 541-951-1409 Work Email_resolutionvideo@yahoo.com Fax 1. Education Backeround What schools have you attended? _Southern Oregon University, Southwestern Oregon Community College What degrees do you hold? B.s Economics (SOU, 2005); B.s. English Technical Writing (SOU, 2006); M.s. Social Science with a focus in Economics expected June 2008 What additional training or education have you had that would apply to this position? About 30 hours graduate and undergraduate land use planning coursework 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? About six months as Ashland Bicycle and Pedestrian Commissioner and liason to Traffic Safety Commission; four years experience student committee work at SOU including administration of the $3 million student incidental fee budget; nearly successful campaign for transportation district May 2007; attendance at numerous planning seminars here in the City, comment on TSP etc. Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? Yes, I see land use planning as a career track, perhaps eventually in law. ~j.' 3. Interests Why are you applying for this position? Professional development for myself; and to use the principles I have learned as a graduate student to help shape a city that will be safer and less congested. 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? I prefer neither and am available increasingly as I complete my masters' degree work this spring. 5. Additional Information How long have you lived in this community? 4 years Please use the space below to summarize any additional qualifications you have for this position Growing experience with the City, its rhythms and processes, a deep and permanent identification with the University, and a hope to live and work in this City while my partner pursues her master's degree at SOU. No matter where I go from here, I will never do my undergraduate work anywhere else, and Ashland will always be the place where I earned my first three degrees. I see Ashland and planning in general at a time of transition, and hope to help implement a shift away from auto-centric suburban sprawl, toward the density that will support the public services that distinguish our American way of life. If not appointed to the Planning Commission, I will continue to serve in the next most effective, appropriate position for my training and inclinations. I am familiar with the State's planning goals and the Ashland Comprehensive Plans. Thank you. March 15 2008 Date Stephen D. Ryan Signature ~.l' CITY OF ASHLAND 1m ~(g~j1W~\fi\ APPLICATION FOR APPOINTMENT TO lID. MAR 1 1 200B lID CITY COMMISSION/COMMITTEE 8 Y: __.P-l6as~fype~print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email christeb@ashland.or.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary . Name Eric Heesacker Requesting to serve on: _Planning Commission (Commission/Committee) Address_l520 Windsor St Ashland, OR 97520 Occupation_Regional Planner Phone: Home 541-482-6034 VVork 541-423-1364 Email_eric.heesacker@gmail.com Fax 1. Education Backeround VVhat schools have you attended? Univ.of UT; Portland State Univ; Prescott College; Grand Canyon Univ. VVhat degrees do you hold? (Pending) Masters in Ed.Admin; Masters in Urban Planning; Elementary Ed. Certificate; B.S. Political Science; B.S. Psychology VVhat additional training or education have you had that would apply to this position? 17 years in planning profession 2. Related Experience VVhat prior work experience have you had that would help you if you were appointed to this position? (see above) 8 years as an Oregon Planner Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? VVhy? Yes, one can never have enough training. ~.t. 1 3. Interests Why are you applying for this position? _I believe my professional background as a planner would allow me to make a beneficial, and desired, contribution to my hometown. 4. Availabilitv Are you available to attend special meetings, in addition to the regularly scheduled meetings? YES Do you prefer day or evening meetings?_Evening 5. AdditionalInformation How long have you lived in this community? 7 months Please use the space below to summarize any additional qualifications you have for this position 1) 1 amfamiliar with Robert's Rules of Order. 2) I currently serve on Ashland's Traffic/Safety Commission. 3) 1 believe the selection of somebody with Oregon planning experience is a logical choice for the Planning Commission. 3/1012008 Date Eric Heesacker Signature NOTE: If selected, I'd like the opportunity to interview someone with detailed knowledge regarding the time commitment required for this appointment. r~' .,: I Th)~@~EW~m1 ID\ MAR 1 1 2008 lID BY: -------------------- CITY OF ASHLAND APPLICA TION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email christeb(tilashland.or.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name Deborah Mille.;- ( Debb,e ) Requesting to serve on: i'loMI~9 (Commi ssion/Committee) Address IbD tJ D<M 0. \ A V<:- ' Occupation (e-nre'd "~rer''''Q',, "b:'Yll'hUO') Phone: Home J+g 7- S> 7-:u> Work Email hm; 1Ic.r {(} ;e<<nd. org Fax 1. Education Back2round What schools have you attended? U G J)a"I'~ What degrees do you hold? &A. ,&, d r.:G'~o.l 5cle.1~Q-~. hl.~h>t-y \eD<:h,"":q <:f'edC<"l-l-,a.\ What additional training or education have you had that would apply to this position? IIl.Cl'u(e-~ "5e""",,,cU~ {.ind !.l'udy 'm land Ll5<i! and COt1~e"'~o.o\'1o;'" \~~.:..~ '. e..S' 1000 f('M'd~ DC' err.... (""f(rIlM"'~ 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? , ho,,~ "olunl<:c.r<!o and been QC-i',~ ;,.., loc~\ and ~o-te land lA~ .:,wc.!> cv-.d pl.on"'~ +0- (O<Jny year:>. I par+'CAPOl'"e~ ,'; IYlOny 0<: ..r.<e ~....<<y ~,O(U a., ~I---.c Camp Plan and ~ scrr.c. Dr~,~~~ ..Je,r<l. .....".'="!d. ho""b"I"> ( 0,..-, p....6~()\ly nn c.ha,."bcr.,f COfY>me.-<:C2. c""",";'~'" t~ pc-ornofe <.ornm.....,..,..iy c\;o.lOS......, Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? I Would waM -10 kup <:.un..n!" on ~lu1e. lawe. unoer:.m"d (j.{"\cJ. l~r ptl<f CDcl(~ (}J>cJ. orO'f\a.r>c~J ,<l.ar.... how ()fh~... cOrn"" ....rnrle~ hal\dle ~(;r I:!>ue> 6.l\d pr-oblern:o. MV goal wo","lo bQ '" '~pro~" my 6b',,;k>,..s.s q tornrn':'b'O"e..C r., "J' I 3. Interests Why are you applying for this position? La()d, lA~ rlo.n>"";"~ h~ (xltn 0.(') ,,,fero.!>t ~..x~ h.q, smoal. WfG,ab a CQ,wY'lun,'1y. mu~ o.~c:..d... wha1' A~hlaN:f 5.houfd bIZ.. lo\roef"'l he.lp wr;1eh 0'-'''''';".5 l".J 6cY11el/ll w...at. .1 h Lil:.e -b be po.(t -::f -the Ckic.u~On O",Q \(t1p1e,,~n-lo.'" ci,.., of ~e v,:.,on. 4. A vailabilitv Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? e't\.-vu- n'>Drm"Q~ bE'''''' 5. AdditionalInformation How long have you lived in this community? ?I:l. Y(la('~ Please use the space below to summarize any additional qualifications you have for this position I L..);II ~tuCly ~~ toae::> 6.,,0 o('d'Aa......ce~ a:dhlzy (i~c:.r del;bar<<.l'lo~ a"c:1 dec,~,~. I halle a c.oncun kx fa.r~~, bale,.,",:":'.~ tY'tItr;b 01 .~ o..ppl,cQ;'~ plQ.r, --.;)I~ The (O()ce.((lS G'1d '/Y>oplCL:> r-:> l~ ~'i:. re:::'de~. \ wcu.td ~\ ~ for SOI'''''' deqr~c ck ho...rm.cnv /lA<' c0c,xra.i\o.1 WI th;' ..l--e ~r..nmu...".f'V by hlllp\~ or~60\ZQ ;.,,~~,e>neJ and OOlnlOn -<jame(.~' SCSS,CJr'):'. I uJolALd wc;r,. l':> fV\O.l<lr. \lC. meeo\'.~ G\te"c1e~ C~\ ~lcom(.c1._ I ~n be ch<l<<rh..\ I;" the f-a"" -:>f. dl~n'.~n frI 6,.J.Uv 10, ')-008 Date ~~ V-6-'o. a...n.. fI.1 ~ Signature ~.\, .r: I Brent Thompson P.O. Box 201 Ashland, Or 97520 Mayor John Morrison City of Ashland 20 East Main Ashland, OR 97520 ~~~~nw~~ lHl MAR 1 I 2007 f~) ~y------- ---....-. ---- 11 March 2008 Dear Mayor Morrison, I seek to complete the term of either Planning Commissioner John Fields or Olena Black. I would bring a knowledge of planning to the position. I have been a resident of Ashland since 1983, and I was on the Planning Commission from January 1985 through December 1994. During that time with John Fregonese as Community Development Director, we rewrote many ordinances to move the City towards more land and resource conservation in planning. The program needs to continue to evolve, and I believe I can help with that. I was also involved with the beginnings of Regional Planning and with the writing of the Transportation Planning Rule at the state level which was an attempt to give Goal 12 of Senate Bill 100 more meaning. Thank you for considering me. Sincerely, ~~~ Brent Thompson 488-0407 1m ~ (g u: ~T\WU: Tffi llil MAR 1 1 2008 lID BY: ____________________ CITY Of ASHLAND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email christeb(dashland.or.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary . Name '.....Ai.o\ l'-f~U r.7L-AY....~ Requesting to serve on: P L.. ^ t'll"-' I f'-I b (CommissionJCommitt00 ) Address +11 (?IL/<)c:.o~ ri....;\~, t\St-\L.-ANb , Occupation e.D~ \ LA"t"H:1N A l) fv\ I N I ':i TJ1..AfDf1- A <; \ 0(. LA"\l?- V I U p\'1-j:..S \ b~Nr F-^c.1L.11Ie~ fI\Glv-T. :t fL-A/'iI-J/NG S'/..'IATi*f2--f'J Oi~Ci'N "'\!'-JiVp-,L~1 f11 1. Education Back2:round What schools have you attended? Phone: Home ff,1-- -1.-C;b~ Work I.:jlj1--ll-3) Email ~I ("eeL ~ <;C~. E:',h\ Fax >7l7"J.- - b J...,S- Uf'J /'If B-jl--) m uf f-J ~iLA ~~~A - L-IN CO L.- N What degrees do you hold? f.>)'\Lt\~WIL. tlf- ,l\P--Ci-lIT~C.IiA.r-e i\iY\fl1"-IL , of {l>IA~IJ"l~SS ADf^IJ-JISTI1....fITiDN 1'tl'-JIJ tV\A<;'Tc.lL cf W,M.}.t,j..\J'.>IT'1 . I ~ r-F--~IO~.AL- rLAt--iNif'>G What additional training or education have you had that would apply to this position? I A~ A 1-~GIS"T~I~......D A(L.Cr\ Ij~c-r iN Nf..:f1>IZ-t\St:::.A I'-\l'\ib A ""~.^^e.~L Of j')-rt. .A~Il..\CA.N li'><;Tl~ or c'!:n:.T'F-1f-:\J PL.^Nf'J~I..) (Aiel") 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? i ""DIL~!:..}::'I) ll--i FI1.-\V/"rv: AP"'(I-~ I}I?Cfl..\.jl-AL.- f1P-I'^S felL.. I ~ '1~A/l"'S. I+kve \NG/Ll~J IN I~Ac It.-ITI ~S ^^-^NAGf;..f.i\f/-..iT /'If .rrtr-~~ L.t1\J1\,~L<)lfl~'; tVj;Il.. ~ j'^<;"r 14.) '1SI'fILc;. Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? IT I'^lCI1T t'>~ P>BI'-'Pf\CI/\"\..- ~ p~p-nc/FAn:- ilV T1\...,AIN1I'JC ft'J1- f'vUv PLA/'.INJ)..J6 C.o;tA)..\.lHj~l\I ~~~,~\.. S ~A' 3. Interests Why are you applying for this position? I HAV~ A Sn....CN6 1/..; Tf: i~(T '''' t'L./'d"NI/--lG iS~~\ IN /l.,$l-\i.-!'ti'vl) ^l\.IJ ~WUL-'1 LH~ to Si?/I.-V~ f.A~ U/~\lAl'V lr~ . P-At-l ~q s fL ~jL. I"*"LCIAIl...AG~j) "''lit:: Tt l'\-r)pL.1 4. Availabilitv Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? '1f-\ L W<.::ttLW ~j; 1'tRt..j; to , tHtI:;"NUH::-Gl-tL.AI1.. AN\) <;~~C1A L.. "',,€t;Tlt-J~. ~~j-JiN0 Iw~~f\t-J6S "v UU LA) \2,'e- Pi\..eF-~1-lLfD. 5. Additional Information How long have you lived in this community? 1-- ~F..../)qJ-.) Please use the space below to summarize any additional qualifications you have for this position \ I'l-M ^ L..,.j;.F-i) ^CC/~I)..~b rp-or~SSiCI-.JAL.. i ~\JA<' t:ol,...~cr~\J 1" n~ 1 AlA S',0,MA IJi-t.- i.6, I"!\Ti o \'v AI- .A1L...q-\1 Tf,CT(;I.r-AL- t- AL-L-IE;,P AIL...fS ~"'OIL..A,1-'1 SL:'- I (;. T'1 f'/"ir-f\C II' ,A~I) IN tll..-AN~ rVll.TJ\T\NG FL.-f\NNiNG ~vC;IYc..')i-tvr ~ <;/'O(\J'lVly;.j) 8'1 'P>C,)I\'~ L. It'1 1\1-J1') ^IC>j-\ Cl,)l.ol.N\'1 IN i lJArtu, I <;~)l...'v ~IJ Cr-> ^ COMMlr~f- (;Jf T'>;)IS'~ ern AN.,') P.i...:l<)~ <;"f7\-n:. I,.q,,,,i'/f,\1-\ 1P) 6'FFICII\I..-<; ~v'iT\qt fo')~ILfA.) ~ CL..O~-e.fL- [1..~,Arll)NStt1P ~f;nVf-.C.I-...lntt. Clt'1 Af-.J\J 11* lAN\'\ijSj1..S 1f'11. I 'vvt\sn-tf,. cttlf,-I=- f^qL-ITlj;-~ bPPIC~"" frN\) c.A1'V\l'lAS ~L-~)..JNPiL AT But ':)~ s,A- n:- l\~\'.'E.IL<;;\T'1 fOIL 0 ~1 e/-\/l...\". ; /'<fV\ I'l'-'IN Tl~ Ct~P--F r-/h,,:"lt...-Ij\~S c..'f=f10~IL Ar <; D1I\ T1-te~-..J op..e.Gu 1"-1 IAN1V~I1-) I T'1 . "^^ ILl.-t;- Date l\ "Vi) c:. f'l ) ~. .. . { '--'-- 11&, IL- I 19nature r~' .r: I E3'(:........--.--------- CITY OF ASHLAND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE lID ~@~~W~1ffi llll FEB 2 2 2008 lID Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email christeb@ashland.or.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary . Name William C Donlon Requesting to serve on: Planning (Commission/Committee) Address 452 Thimbleberrv Lane Occupation Maxillo-Facial Surgeon (Disabled) Phone: 482-6980 Home: 482-6980 Work: 488-8588 Email: wcd@drdonlon.com Fax: 601-1964 1. Education Backl!round What schools have you attended? Hofstra Univ. Tufts Univ. Mt Sinai Med Center What degrees do you hold? B.A. (Biology), M.A. (Biology), D.M.D. What additional training or education have you had that would apply to this position? Ouality Control & Improvement Assessment (as Physician Surveyor for the Joint Commission on Accreditation of Healthcare Organizations) 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? Strategic management of several professional volunteer societies, leadership of surgical specialty private practice. membership in Ashland Rotary International Club Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? Yes. This Commission makes decisions that are crucial to the present and future of this great city. The members must be committed. compassionate. intelligent and educated specially regarding the issues it confronts. OJ' I ~.t. 1 3. Interests Why are you applying for this position? Ashland is a phenomenon of a city. llove the history of how it developed; my family loves it here, and I want to see it prosper for a very long time. 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Yes. Do you prefer day or evening meetings? Day (but can attend either)._ 5. Additional Information How long have you lived in this community? 4.5 years Please use the space below to summarize any additional qualifications you have for this position ~cfk February 22, 2008 Date Signature ~.t. 1 "I: I l~~~~:~j BY: ____________________ C.ITY OF ASHLAND APPLICA TION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email christeb@ashland.or.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sbeets if necessary. Name: MICHAEL CHURCH Requesting to serve on: PLANNING COMMISSION Address: 2669 Takelma Way, Ashland, OR 97520 Occupation: Retired Phone: Home: 488-2245 Cell: 650-218-9775 Email: mickchurch@gmai1.com 1. Education Back2round What schools have you attended? Birmingham, England. Manchester University and University of Aston, What degrees do you hold? RA. in GeographylUrban Studies from Manchester and Master of Philosophy in Urban Planning from Birmingham. What additional training or education have you had that would apply to this position? During my professional career I was a member of the Urban Land Institute, the Congress for the New Urbanism and the California Redevelopment Association and I attended many training events organized by these associations. 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? I worked as a municipal planner in California from 1974 to 2006, spending the last decade as the Planning Director for the City of Redwood City. Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? r.l' .f' I I think it's always good to hear what other jurisdictions are doing and to keep up with the most recent trends in the discipline. 3. Interests Why are you applying for this position? I wish to be involved in the community. When we moved to Ashland I looked at the list of City Boards and Commissions and applied for the two that sounded of most interest: the Planning Commission and the Bicycle and Pedestrian Commission. I was appointed to the Bicycle and Pedestrian Commission last spring. I understand that the City does not wish to have people serve on more than one group and I would resign from the Bicycle and Pedestrian Commission if appointed to the Planning Commission. After almost 9 months on the Bicycle and Pedestrian Commission I think my background and experience would be of more application on the Planning Commission. 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? Yes, and I can attend either day or evening meetings (although after 30 years of evening meetings I have to say I prefer daytime meetings). 5. Additional Information How long have you lived in this community? Since December 2006. Please use the space below to summarize any additional qualifications you have for this position I have been a career planner for over 30 years and have worked with many planning commissions from the staff side. I have worked for a community that was planning its downtown, as well as dealing with the issues involved with urban infill. I am also familiar with the issues involved with major revisions to long range plans and implementing codes, all things that I think might well be useful in Ashland. -2. %1. '2.J:D ~ Date ~ ------- ~..--- . ----' .~ ~ ~ Signature f,/1 \ (.:.~;;--_ f~) ~:::"'<A r~' PUBLIC ARTS COMMISSION 2 Positions Available: · Two positions for terms to expire 4/30/2011 Members Requesting Reappointment: · Melissa Markell, First Appointed 9f712004 · Annette Pugh, First Appointed 4/19/2005 New Applications: 'NONE TRAFFIC SAFETY COMMISSION 2 Positions Available: · Two positions for terms to expire 4/30/2011 Members Requesting Reappointment: · Colin Swales, First Appointed 4/20/2004 New Applications: · Laurence Blake . Allison Hope CITY OF iID~@~itW~1ill ASHLAND I MAR 1 0 2008 Jill APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE ~'(:_---------_..._.._-- Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email christeb{a2ashland.or.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name L--^\lt(l...ts+J~ ?>(...AY~ Requesting to serve on: "\1L.f\frl C <; tI f f 'fL1 (Commission/Coflun~ltl;t: ) Address 4- j 1 [2> tt..1 S c.o-e. f L-A-~ Ai S 'j" L/"l N \j Occupation ~),^c/mL>tJ At>M1N 1 5 Tll.f'lTo1L AS ~0c..1A-TE- YLe,}:: pp-~~ iO~Nr rAC.I/...-rl\~ ~ }V\~,MT. t PLl\N,.....HNC> 5ov\"ittPft-N O~DI""" iAN N t;..IL<;;rr~ 1. Education Backeround What schools have you attended? \,q'JN~ILS \"P1 Phone: Home ---.1 ~ '1- - -z.. S b t- Work S"s 1-' G,L3} Email t?> i;} K <: 1- @ :> 0., .. ~ tv"" Fax ')':;1... - l.-/..-~ S Of N~\SIl,A.Si~^ - L-I/",C.QL-N What degrees do you hold? l?ACr\~ \l.... of Al2...q-\ Ift-Cj\Ap..F. MA Sf};JL I b P {l7IA 5 11-..1 ~ S ~ ,A\) "^' '" I q [LAT\ 0 I'J MA <) -re-rl.... 6 f- C.oM..v\l;IN i 1'1 ~N ~) ) [L(?~loN^l, rL-A-I-.iNiN O. What additional training or education have you had that would apply to this position? \ AM. A p..~G>l~'~1...f-JJ Afl-cl--\r~cr (/'-I NFiSI1-Anc.A ~b A c...P--I'l.-TIPiED pL-.A/'JNer- (/'I Ie. r ) .. 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? I 'l-JAS T"\11: Chl\l\YIAS PL-/"lNNf-f'L. /'Ir p.:.01~e. SlATe. LAj-.Ji\l~ll-S 11"1 POlL e. Lt'fAj2-~' At--Jl) OY(;;.(L-~AW ll-'tt': CAtv\p,,\~ S~C\AJLY'tt1 t'rNi? PAJL\q)....:C> ~ 1lLAN~rofLIAlIoN P~P^lLTM~NT)" Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? iT weul.- D T\Z--O~A~t...l.1 Be p.~1-l~f1ctAlr TO ATT~\1 f>, c.oNr~pt,k:e- ~ iMPAC <;:,AW1'1. ~~, 'If I 3. Interests Why are you applying for this position? (\J~ ~l;;CN INn:.-~STBp IN TIL/-\ft==-J( ~A-~l"'1 f<lfL SO^,'\.J:; T1;../\~, 'nil) iNTfA'l.-l::'~1 t~A~ ll"C.F-F.A~~~J SIGNiACANTt--V] SIf'lGe- 11'1-€- 1l1-/lt-P-F-\C-I'L\:;'l,Nn~-D iJeN{1-t of GI-JI<P'1 r j I ^^,Bl'-J~ Z-, 4. Availabilitv Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? I WO\A-.D t>k- .A~~ it> f\T11~O Sf'eC1AL.- ,lNe-!?iING$, IEVt;.Nll-JG 1J\~~'Ttt-J~)') AILe frY3-ff3.fL\'2.F..-P, 5, Additional Information How long have you lived in this community? '2.. '1 P-,Aj'L- S Please use the space below to summarize any additional qualifications you have for this position Wt+I~ ttj-..) v\1"~~,A<l~"\.A-re L \,\I(\;tt-t~o on-v <) S,^""Vv\.f-ll-S pop.. 'fHp. 1 Tf\--f\PFlC i2N~Hj...I~pr'--\N6 o l'v tS lOj--j cr '~ (--JE.I?M\~~ P~-P.AILTf.llf:..Nr oF- P-O),PS - I wAS I~VOl,-\{~ IN f'L/'rN(--.JlN0 fOr-'~ S''''\f~'N c.!:lf p~J){?,:$"Tl1--I,^t'J ') /"'l"Il) c..'1c::..l--i\'T'i c~ rn~ C/'rtVli'IAS Of p,DIS~ STA'TE LANt v'~-fL-<; Li'1- \ f'1'\J1-TIQPAT1:3 D IN tv\~\L.- [If L-f. .Tfl-I'tN SPCfLTAT10j-J t'L.-/-\ NN \/J G VvV[1--ILC; I1-D F ') H" p->.) i SF. t Bi2-L--\~\J~ nt AI klrJ ~DiA(::AT1oN/'r'L-- r..r,\c.l,(COJ'L.oL-tND IN c.o,(A/v'\.V\J" ltt1 /'rND I~G\()t......AL-- ?\..."NN1\'.l6, ANi-' ""''1 fiAAN'1 14~,A-1L<:; OF ~7\pF7WP-NL-t1 tN Cj>rl,^pt,\S' P\....-Af'-iNIN6 l11.ANSpOfl..:r/\TlON PrND PA}'l.}c-INb fVlAV'-.F- t I /V~ l'AP-TlCl).v/'tTY.-r "'Ii~LL-- <b-1A\~D Fvfl- ntl S f2t;l..-F, ,1vV'I'r--4\ '1 '').-O-() ~ ) Date L.k- ~.l' 'r: I l~:~~:~) ~'(:_------------------- CITY OF ASHLAND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email christeb(al.ashland.or.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name_Alison Hope_ Requesting to serve on Traffic Safety Commission (Commission/Committee) Address 468 Willow Street, Ashland Occupation self-employed editor Phone: Home 973-5097 Work 973-5097 Email_alisonhope468@gmail.com Fax 1. Education Back2round What schools have you attended? George Washington University, University of Vermont, plus two years at universities in France What degrees do you hold? Masters, International Affairs; Bachelors, French What additional training or education have you had that would apply to this position? None 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? As an editor for clients including the World Bank, the Center for International Private Enterprise, Sage Publications, the Naval Institute Press, and many more, I am paid to be detail oriented. I pay attention, am fair, and committed. I am highly motivated to make AsWand a safer place for bikers and pedestrians: I don't own a car, but recently purchased a motor scooter. Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? At this point, I don't think that is necessary. .J! I er~' 3. Interests Why are you applying for this position? Because of the recent accidents involving the SOU students crossing Siskiyou. When I looked into the matter, I discovered that discussions on pedestrian safety on Siskiyou have been going on since at least 1999--almost 10 years! It's time to act. 4. Availabilitv Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? Either is fine. I make my own schedule. 5. Additional Information How long have you lived in this community? Two years in early 1980s (1980 to 1981), five years this time (moved back May 2003). Please use the space below to summarize any additional qualifications you have for this position I was instrumental in changing the law in Washington, DC, giving pedestrians the right of way. I acted in 1983 after a family friend was killed crossing a street in downtown Washington (Foggy Bottom). During my efforts, I met a wido~hose wife had been killed crossing the street at a crosswalk. Because her body had been thrown out of the crosswalk, the driver was not charged (because she "wasn't in the crosswalk"). He and I spearheaded the action. Now, if you drive into Washington you'll see signs that say, "Washington is a pedestrian friendly city." You still have to look where you're going when you cross, but at least drivers are perhaps a bit more careful. I spent many years in Burlington, Vermont, also. That tourist-centered city got tired of pedestrians being hit, as well as the unpleasant atmosphere of three blocks of chaotic traffic, and created the Church Street Marketplace (see attached picture). There are fountains, benches, and shade trees, all of which attract tourists to downtown. In summer, jugglers and magicians entertain, encouraging tourists to stay longer in the shopping district. Ashland may not be ready for anything that complex or expensive, but we need to create more safety for those who choose to move without being inside large machines. ~D / Signatur 2-lf-o~ Date er~' TREE COMMISSION 4 Positions Available: · 2 positions for terms to expire 4/30/2011 · 1 position for a term to expire 4/30/2009 (Vacancy created by resignation of Steve Siewert) · 1 position for a term to expire 4/30/2010 (Vacancy created by Bryan Holley) Members Requesting Reappointment: · Kelly Cruser, First Appointed 1/2/2007 New Applications: · NONE .f! I CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Increase in Transient Occupancy Tax April 15, 2008 Primary Staff Contact: Administration E-Mail: None Secondary Contact: Martha Benn Estimated Time: Lee Tuneberg tuneber1@ashland.or.us Ann Seltzer 30 minutes Question: Does Council want to schedule a public hearing for formal consideration of an increase in the Transient Occupancy Tax? Staff Recommendation: Staff recommends Council schedule a public hearing to consider an increase in the Transient Occupancy Tax from 7% to 9%. Background: Council has discussed a possible increase to the TOT and the use of the funds at three previous meetings: February 6,2007, September 18, 2007 and March 3,2008. At the study session on March 3, Council requested staff prepare information showing the possible distribution of the revenues generated from a TOT 1 % and 2% increase and associated expenses. Councilors discussed the following possible uses ofthe "non-tourism" funds that would be generated by an increase. . Council Goals, including economic development and visioning . Improvements to public spaces, including ideas such as Plaza renovation or new public space downtown. . Public Art Council also discussed some of the ideas generated during the public meetings for the amount of the increase that would be required to go to tourism promotion. That discussion was more general, but the general consensus was it should go to activities that increase visitor stays during the shoulder season. Attached to this memo is a spreadsheet that outlines, in broad terms, what staff recommends for distribution of TOT funds if the Council wants to formally consider an increase. Staff urges Council have a discussion about whether this basic outline would achieve desired policy results, knowing that any actual revenue generated from an increase would need to be allocated either through the Budget Process or through a Supplemental Budget. Staff knows Council may wish to modify the dollar amounts that might go to any of the specific categories on the attached spreadsheet. Generally speaking, staff believes Council can accomplish a great deal more - both in tourism-related activities and non-tourism projects - with a 2% increase than with a 1 % increase. Page 1 of3 041508 TOT.CC.doc r., CITY OF ASHLAND The overall recommendation is that Council consider the following if you decide to increase the tax; 1. Using all of the funds that would be "non-tourism" dollars from the increase for Economic Development and Council Goals projects. Staff recommends the first project paid for by these funds be the Visioning/Community-Based Strategic Plan project. If Council opts for a two percent increase, the amount available for Economic Development and Council Goal projects is estimated at approximately $225,000 per year. This would be approximately $160,000 if Council decides to increase the tax by 1 %. 2. Reducing the amount granted to the Chamber of Commerce for Economic Development work from $175,000 to $80,000. This change would recognize that the City wishes to increase its role in economic development but there are still some activities we wish the Chamber to perform. These activities would need to be specified in the contract with the Chamber and there needs to be performance measures tied to these activities. We recommend this change regardless of whether Council adopts a 1 % or 2% increase. 3. Increasing the total amount granted to the Visitors and Convention Bureau (VCB) that is operated by the Chamber of Commerce. The attached table shows increasing the grant from $88,000 to a total of $300,000. The Chamber has given us a specific recommendation about what they would do with this total award (not just the difference) should the Council agree to this recommendation. Regardless of the total amount the Council wishes to grant to the VCB, the City's grant should be directed to specific activities that meet the State's definition of tourism. Additionally, staff recommends we track, at least by quarter, the total collections for TOT and possibly also average occupancy rates, to see if these activities are actually producing added overnight stays in our lodging businesses. If Council increases the tax by 1 % instead of 2%, then we recommend a grant of$191,000. 4. Increasing the amount available for the small grants that are tourism based by $50,000. There are several grantees who do have a relationship to tourism that may be able to increase overnight stays if they had additional dollars for marketing. We also understand the Bed & Breakfast Association is incorporated as a non-profit and has applied for City TOT funded grants. We recommend this change with both a 1 % and a 2% increase. 5. Setting aside the remainder of funds, currently estimated at approximately $43,000 for a 2% increase and $0 (zero) for tourism related capital projects. Some of the capital projects the City could fund include a renovation of the Plaza, qualified public art projects, and sidewalk and streetscape improvements in the commercial and tourist areas of Ashland. 6. Staff recommends the other allocations of TOT revenue - General Fund Services, OSF Marketing Grant, and the non-tourism small grants - remain the same even if the tax is increased. Council should discuss whether it wishes to proceed with a TOT increase and also should decide how it wishes to allocate the funds (either as proposed by staff or in some other modification). Staff believes that at least a general sense of the proposed allocation will help people provide feedback about the proposal during the public hearing. Page 2 of3 041508 TOT.CC.doc r~' Or! I CITY OF ASHLAND Related City Policies: Resolution 2007-08 Council Options: Council can: . Schedule an increase of either 2% or 1 % for a public hearing. Council should then indicate generally how it wishes to allocate the funds. · Decide not to increase the TOT at this time · Provide other direction to staff Potential Motions: Attachments: . Spreadsheet showing TOT increase and possible allocation . Proposed Plan from Chamber of Commerce . List of comments from public forums on TOT increase on the benefits and use of funds from a TOT increase Page 3 of3 041508 TOT.CC.doc r~' "tltfe. .gen c'" CI) 111 E.! ~ E (,).. CI) 1/1 D::W tfe. CO CI)... 'ta 111 C CI) ... ... CI) 111 ... E <(.. 1/1 W en g~~ ~... CO CI) C o C)._ o"tl... N ::S.!! itm~ - Q) Q) .c U) "C CU Q) ... 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L. 1/1 U ._ c: >< -W E . e"tl '+- C (/) ::s Xl~LL .!:! c: a; ~ ~ ~ CI) Q) C Cl)C:::CI) "tl"OC) C c: CI) ::s:::l.c LLLL... a;~.s ~~~ CQ).c CI) <.9 111 C)_~ C)~~ .= 0 ... :+:i - .!! ::c .5 ><"00 W<(I- 0000 0000 0000 ciLrioan MNCON ~......thN ~th ~ 0000 0000 0000 anLrioci eoN CO eo M...... th.... ~th ~ 0000 o 0 O~ 000 ciLriLri ONr-- M............ ~thth ... C CI) 1/1 E CI) Q. (,) 0 .~ j CI) CI) CI)_ C "tl E C (/) .!:! ~.~ E a;.8 g ... c: 0 CI) 0 Q) (,) 5i-Sii)!:!:! C)~q~ g>>~8O: ~ <.9 ~ .~ ';( ro ~ .! W:;Q)(\3 "tl~Eb Co 0 E CI) 0-- ~ -g 0 g>> m (\3 'O'c CI) g L. .2 :c E ~ .!! ~gE> 111 0 (\3 >- ~~B5 tfe.tfe.tfe. MON NOeo ~OcD ....r--N 0000000 0000000 0000000 "':LriN'OOo>M ....ONONIO~ NC")It)C")......th~ ~th~thth ~?f:.?ft. MOM N~C\! ~O.... ....r--N 0000000 OOOOOO~ 000000 "':cr)ci~oo> ....1Or--mNIO N......M............th ~th~thth tfe. tfe. M M N N ~~~ ....Z.... 0000000 OthOOOO~ o 0000 ...: "':0000> .... ....CONth N Nth...... ~ ~ th ... C CI) E CI) ... ::s C" CI) ... a; ... o ... .c ::s CI) CI) 'ta c E ti CI) (/) c E 'C EQ)e! BE ~ E ::s I- 1/1 ... ~ C" 0 'i: ~ :::l CI) '+- 5 .!! 0" D:: ~ I- '0 ~ 1/1 c: ... c~:u ~.E (\3= <.91/1 E=o_ -... .1/1..._ 8 C L. C ~ ~ ::s E .cQ) ... :::l .- EI/IE~:::O {!. .~ 'i: (\3 <.9 8 Ii: a; :; ::s..c: g>"O l:' C 0 1-0 ~:;::; c: .- .- I- ..... Q) (\3 0 .~ ro ~ -c .~ "tl ... c: L. (\3 E CI) O.Q <.9 ::2 0 !E a;:g coLL5a; 0"0 OCJ)u::S 1-<( >OLUG Q) CI) :J .... o Q) CI) co Q) .... .2 "'0 ~ c:: :J e ~ co ~ Q) ..Q ~ c:: :::::: <( .f: I The Ashland Chamber of Commerce and its Visitors and Convention Bureau are the best organizations to accomplish the task of increased visitor promotion of Ashland through the expansion of our current efforts and our ability to leverage to get the most out of those dollars. It is important in these current economically challenging times, with the cost of travel increasing for us to receive additional dollars to gamer more exposure, build our events and remain competitive in the marketplace. We need to build business in the shoulder and off-seasons as well as create new reasons for people to visit Ashland. This increased effort needs to be accomplished with additional project funds and more staff. Events take significant staff to accomplish as well as money to publicize them. If the City dedicated $300,000 to the ChamberNCB to promote tourism, it would be an effective investment in the strongest and largest industry in Ashland. This would result in a positive economic impact that would benefit the entire local economy with year round employment. A substantial effort would be made to increase our events, enhance the website and high definition video, and to increase advertising, promotions and packages that would promote the shoulder and off-seasons. All of our promotional programs and projects are integrated and work collectively to promote Ashland. We certainly are willing to discuss these ideas in further detail but the following is a list of budget items that would be the priorities for expanded funds: Visitors & Convention Bureau Budget: $300,000 . Winter Marketing = $40,000: Off season development by expanding the reach and regional exposure of the Festival of Light would help increase lodging, dining and shopping for the five weeks of the celebration. Every weekend more activities would be created to promote visitation throughout the holiday time period. This would include paying for entertainment such as roaming carolers through town. Advertising would include markets from northern California to southern Oregon. In addition, the VCB created a new collaborative promotion in 2008 - The Winter of Romance. The Winter of Romance is a "build your own experience" collaborative project with businesses in Ashland to promote revenues in the winter from lodging to restaurants to spas to skiing to retail to entertainment, thereby, showcasing our amazing amenities. Extended weekend visitation with specials and discounts for multiple days will be offered. This promotion has the potential through the establishment of visitor itineraries and packages to increase business from January through March. . Festivals & Events = $45,000: The Food & Wine Classic event developed by the Ashland VCB in November of2007, was a success from the start but needs significant promotional dollars to advertise to attendees outside the immediate area. Costs include the direct coordination and implementation of the event as well as the promotion necessary to advertise the event to extend visitor stays. A number of current events can be assisted through VCB support as well as the creation of new events such as a music, art, or niche market festivals. 'I' I . Advertising = $26,000: Many opportunities exist to advertise Ashland that we simply do not have the resources to take advantage of. Some of these are advertising co-ops are with SOV A and others are stand alone advertising opportunities. Some examples are: Travel Oregon, VIA Magazine, Sunset, Horizon In-flight Magazine, LA Magazine, Madden Media (newspaper inserts on travel) as well as on-line advertising on Oregon visitor websites. The VCB would like to explore advertising in airport feeder markets such as Phoenix, Seattle, Salt Lake City and Denver. . Web site development = $12,000: The Internet is driving many to book travel plans on-line, therefore, it is critically important to develop constantly new and dynamic images that represent options for diverse travel experiences. Retooling would allow us to create a visitor data base driven site with email and newsletter monthly mailings including an event marquee calendar tool to represent clickable images on events, a crumb trail, and a news section with clickable photo thumbnails to showcase recent stories written about Ashland. Website development would include video development, blogs, U- Tube po stings, social networking sites, email newsletter developments and submissions, visitor data base management, niche package development, itinerary development and postings. Additionally, the creation of downloadable brochures will be added. . HDTV = $20,000: New high definition video and editing of footage to create niche market DVDs is necessary to make the site constantly fresh as well as reach new markets. Video of culinary activities including food, wine, farm to table, outdoor activities, retail, and cultural events are just a few of the markets we would like to feature. A dedicated server to house the existing and new footage and provide for editing capability as well as the editing software would need to be purchased so in-house editing becomes possible. . Printing = $20,000: Increased printing of visitor guides as well as expanded distribution at key visitor locations in the Northwest. . Travel Shows = $15,000: Currently, we are able to only attend the Bite of Oregon show in Portland but this would enable an increased presence and brochure distribution as shows such as; Reno, Nevada, the LA Trade Show, the Sunset Travel Show, San Francisco Travel Show and the Sacramento Travel Show again serving our feeder markets. . Airport Exposure = $3,500: The Rogue Valley International Airport is currently undergoing a major expansion and we need a display created specifically to encourage visitation to Ashland. The Ashland Airport will engaged to work with the VCB on specific private pilot promotions. . Postage = $10,000: This reflects an increase to meet added demand and promotional brochure support. or: I . Photofile & Graphics = $ 8,000: Critical to our ability to develop brochures, ads and promotional exposure, it is necessary to solicit stellar photography and graphic design services. . Hospitality = $ 3,500: Hosting of travel writers, group leaders, and industry professionals allows us to gamer exposure through their story development and itinerary creation. This entails the hosting offam tours (familiarization tours) for industry specific markets such as food writers, wine writers, etc. . Dues = $ 2,000: Working with industry professionals to solicit their business requires membership in their organizations. This includes regional and state associations as well as NTA (National Tour Association). VCB Program Budget: VCB Staff Salaries: Total VCB Grant: $205,000 $ 95,000* $300,000 *Proposed VCB staff allocation = $95,000 . Visitors & Convention Bureau & Marketing Director . Webmaster (112) . Festival & Events Program Coordinator (new): The primary purpose of the new staff position would be to increase tourism in the shoulder and off season through the promotion of existing festivals and events such as the Independent Film Festival, the Chocolate Festival, and the Food & Wine Classic in November. The position would also work on the development, coordination, promotion and implementation of new events such as a music, art, and other niche market festival and events. The overall grant budgets would increase by $125,000 ($300,000 for tourism and $80,000 for economic development). The increase of $30,000 would be spent to increase staff with the remaining $95,000 be spent on program development as stated above. Economic Development Grant: Currently $160,000 would be reduced to $80,000 . Economic Analysis/Surveys = $10,000 . Workshops = $10,000 . Living & Doing Business Guide = $20,000 . Photofile/Graphics = $5,000 . HDTV = $5,000 . Web site = $6,000 . Equipment = $5,000 . Supplies = $4,000 . Payroll (112 webmaster)= $15,000 Total = $80,000 or I 0" CITY OF ASHLAND Memo DATE: February 26, 2008 TO: FROM: DEPT: RE: Lee Tuneberg and Martha Bennett Ann Seltzer Administration TOT public forum The City held two public forums to solicit public input on a possible increase to the transient occupancy tax (TOT). An invitation letter was mailed to 70 lodging establislnnents (based on current business license list) in Ashland, the Chamber of Commerce Board, the VCB Board, Chamber staff, and selected OSF staff and Board members. The first public forum was held on Thursday, February 14 from 11 :30 p.m.-I :30 p.m. and twenty four people attended. The second was held on Thursday February 21 from 4:00 p.m.-6:00 p.m. and nine people attended. The forums were facilitated by Adrienne Graham of Leapfrog Training and Facilitation. After a brief introduction, explaining the City Council is considering a possible increase to the TOT wInch would generate new revenue for tourism promotion and funds for economic development, participants began the round table discussions and were asked to answer four questions: 1) What would be the desired outcome(s) if additional funds were spent on tourism? 2) What would be the best way to spend the additional funds to achieve the desired outcome(s)? 3) What would be the benefits ofleaving the TOT as is? 4) What other information would be helpful for the council to make a well-informed decision? After each table had discussed and answered each question, the responses from each table were shared with the group and posted on a flip chart. The verbatim responses are attached and summarized below. 1) fVhat would be the desired outcome(s} if additional fimds were spent on tourism? Generally people agreed that an increase in overnight visitor to Ashland during the shoulder season is the most desirable outcome. Some suggested that a measurable outcome is a percentage increase in ADMINISTRATION 20 East Main Street Ashland. Oregon 97520 www.ashland.or.us Tel: 541-488.6002 Fax: 541-488-5311 TTY: 800-735-2900 "., Of! I room occupancy rates during the shoulder season. Other outcomes included year round employment expanding the current special events and creating new special events during the shoulder season. 2) What would be the best way to spend the additional funds to achieve the desired outcome(s)? Generally participants agreed that the best use ofthe new monies is for increased marketing and outreach particularly to areas north of Ashland. Some suggested using the funds for targeting convention business and some suggested a convention site would be desirable but not connected to a hotel. There was mention of using the funds for improved parking, public art and improving public transportation (taxi, shuttle services) in order to link the other Ashland attractions (Scienceworks and Schneider Museum with the downtown). Some believe that sprucing up the downtown is a good use of funds (cleaning the sidewalks and streets). It was suggested that a citizen committee of interested parties (lodging, OSF, VCB) work with the council on the best use of new funds. 3) What would be the benefits of leaving the TOT as is? This was the liveliest discussion and people voiced concerns and frustrations. Generally people agreed that an increase to a tax going into a recession was not a good idea. Some commented that tourist related activities in Ashland (room rates, ticket prices, restaurants) were already high and increasing the tax adds to those already high costs. Some suggested that visitor might willing pay the increased tax but might reduce their spending on other amenities (retail and restaurants). Frustration was expressed that so little money is spent on tourism (14.23%) compared to the amount generated by the TOT. Some suggested that leaving the TOT as is makes Ashland more competitive and they don't want Ashland to have a reputation of burdening visitors with taxes. 4) 'What other information would be helpflll for the council to make a well-informed decision? Participants requested staff provide the council with a chart showing the TOT rate in all Oregon cities and how other cities allocate the funds. Some expressed the need for good data research such as whether or not visitors decide to go to a destination based on local taxes and the demographics of Ashland visitors to determine if an increase would be a detriment. At the end of the forum, participants were encouraged to email additional comments. Participants were assured that all comments gathered during the public forums would be provided to the council and emailed to the parlicipants. Participants were also advised that the City Council will discuss the TOT increase the study session on March 3 and they were invited to attend. 2 ADMINISTRATION 20 East Main Street Ashland, Oregon 97520 www.ashland.or.us Tel: 541-488-6002 Fax: 541-468-5311 TTY: 800-735-2900 ~A' Other concerns expressed during the public forums: There are lodging establishments in or very near Ashland that are actually in the County and guests at those locations pay only the] % State TOT tax. Some expressed concern that if the TOT were increased they would lose guests to those establishments. There was general concern about when the tax increase (if decided) would be implemented. Many places have already booked business for the next several months. If the new tax were to go into effect with the new fiscal year in July, the lodging industry would have to communicate with guests who have already booked and paid a deposit. Some guests might choose to cancel their reservations. Has the council fully analyzed if the money currently spent on tourism is being spent wisely? Are the guidelines and criteria for the ECD grants accurate? ECD money is from TOT yet the funds are given to smaller entities that don't directly draw visitor to Ashland. Attachments: . Participant responses during public forum . TOT and use in other Oregon cities as requested by forum participants · Invitation letter . Public Forum handouts including current TOT in Other Oregon cities, estimated revenue from a TOT increase, Oregon Cities and Counties who have raised the TOT since the 2004 legislation, ORS language re: TOT, and Chamber of CommerceNCB wish list . Oregon local lodging taxes prepared by Dean Runyan and Associates for Travel Oregon · Copy of response emails . Copy of additional comment sheet fTOm public forum 3 ADMINISTRATION 20 East Main Street Ashland. Oregon 97520 W\"Jlv.ashland.or.us Tel: 541-488-6002 Fax: 541-488-5311 TTY: 800-735-2900 rA1 City of Ashland Public Meetings February 14 and 21, 2008 Rdund Table Discussion on the Transient Occupancy Tax 'Raw Data' Session Notes Facilitated and Prepared by Leapfrog Training & Facilitation QUESTION ONE Whot would be the desired outcome(s) if oddWonol funds were spent on tourism ("bigger picture")? . Consistent and frequent message o Increase advertising to northern areas o Education re: off season activities o A professional marketing firm to promote properly o Additional funds spent on marketing o We need to educate-it is also ongoing the value of tourism o Marketing, research of Business in season o Telling the story o Desire to [do] advertisement and marketing; [there just isn't the money] o Spend on inclusive advertising- Create new reasons for people to come to Ashland o Increase name recognition-I didn't know OSF went for nine months o We have lots of opportunities-promote what we have o Market regionally. Redding/Eugene o Web based outreach o Counter misperception of OSF . Better funding for Chamber & VCB o VCB distinguished/separate from Chamber o Improve/replace Chamber site-handicapped improvements make it accessible & engaging. o Chamber activity-food and wine classic romance winter o Research on where location for new chamber: considering location, rents, etc. Facilitated and Prepared by Leapfrog Training & Facilitation February 2008 1 'J' t o Look at Chamber/VCB wish list o Better presence of Chamber facilities in downtown o If we could guarantee the funds would be spent on ideas that have been on the table for a long time with the Chamber and their organizations to market then we would have industry support. o Need our own VCB o Sales position for VCB and Welcome (Info) Center full time o Maintain tourism we have-improve what we offer so we do not lose appeal (permanent offering no matter what time of year, public art, and beautify city.) . Increase tourism in shoulder season and dead season o Increase business "Everybody eat all year" o Focus on shoulder season o Bring more business (esp. restaurants) o Keep more businesses around (survival would be easier without the dead winter season) o All around business stability o Promote increased support to ALL businesses o Economic stability for retail downtown o Cohesive development of other tourism activities . Keep employees year-round o Increase opportunities for living wage jobs . Better occupancy rates o Increase occupancy o Increase year round occupancy o Additional nights o More lodging packages available in January o Increased percentage of occupancy rates Facilitated and Prepared by Leapfrog Training & Facilitation February 2008 2 '1' r . Facilities-Info Center and Convention Center year round o Convention Center increase group travel o Convention Center-no hotel/lodging o Don't think that having a convention center is a good answer especially if there are more hotel rooms attached . Increase in TOT tax brought in (improve the cycle of tourism) o Increase 14% to Tourism & Economy Dev. . Specialized events that draw overnight! extended stays in non-summer months o Funding for festivals o Artisan/culinary . Parking improvements o Parking o 1992-Wasn't that for parking o employee parking supported through business . More visible thing like public art, o Make art more visible for tourist attraction/enjoyment . Stronger required partnerships o Participate more in SOYA activities o Work with partners . Transportation infrastructure improvement-not necessarily downtown o Public transportation downtown it not the only part of the city Facilitated and Prepared by leapfrog Training & Facilitation February 2008 3 'J' r . Track-able and traceable tax-reporting o How they allocate the money is not right o I want to see them get more money for general funds-no way! o Non profits-grants not right o The city is not handling the right-don't throw money @ a fixed system o Give money to larger groups (organizations) that are more effective as opposed to more money to little groups that may not be able to leverage the use of it . Increase #'s for OSF opening weekend . Lower the age group of tourists . Provide means of attracting large groups Facilitated and Prepared by Leapfrog Training & Facilitation February 2008 4 'J' r QUESTION Two What would be the best way to spend additional income to achieve desired outcomes? . Increase VCB with dedicated sales . Convention Center: Gets people here not just for OSF or activity o Convention business o Convention center o "Buy convention business." . Improve parking in & out of downtown . Green, affordable transportation system o Infrastructure of tourism: improve taxi, bus, shuttle service invest in public transportation. Connect varied locations (Science Works, SOU museum, downtown) . Increase marketing o Reach younger audience-Specifically use of Internet and new resources. o Web based marketing programs o Full time marketing person (specifically electronic marketing) o Advertise in AARP (continue growth in baby boomer sector (recognize their importance)-those who have the time/money/desire to travel). o Dramatic increase in winter promotions (activities and events to sustain room rates) o Marketing efforts in Spring (create more reasons to come, advertising what is happening in the spring) o Influence when they visit, not just the summer. o Find and promote what else attracts people-work on the niches o Having trouble getting cohesive marketing structure together o Making potential visitors aware of the smaller and diverse lodging facilities available . New events (festivals, outdoor adventure) o Diversify product appeal to new/different tourists o Culinary tourism during shoulder/off season o Mt. Ashland mid-week Facilitated and Prepared by Leapfrog Training & Facilitation February 2008 5 o Museum o Film festival o Farmers market downtown o Writing/literary festival. Fiction written 2 weeks at a time o US Poet Laureate . Public art permanent or temporary o Art in unique places . Re-package what we have . Build Information center (SOVA, Chamber, VCB combined) · Clearly delineate jobs of Chamber, VCB, etc. (Chamber focused inward, VCB focused outward) · Clean streets & sidewalks - spruce up downtown . Cycle Oregon · Question who gets grants same 01' same 01' · Committee of interested parties (lodging, OSF, etc.) with only some council to determine where money is spent - not budget committee Facilitated and Prepared by Leapfrog Training & Facilit?tion February 2008 6 QUESTION THREE What would be the benefit of leaving TOT as it is? . Keeps Ashland attractive in this low-economy time o Make Ashland more competitive o Not in competition with other cities that have higher tax-especially large groups o Don't want reputation of having a high tax o Because [by not increasing] TOT & Food & Beverages [taxes, you] will not increase tax burden on guests o Keep expectations of what you would get in the rest of Oregon o Keep perception of Oregon's low/no taxes o Would influence them to keep coming if we didn't raise it o Business increased jf tourists come for lower rates (fewer empty businesses on the plaza) o Easier to market (less negative impact) on prospective visitors . People might spend less on other amenities o Not raising the tax rate Will/may allow people to stay longer and spend more money on other services o Already too much increase in cost of doing business, travel, gas, etc. e Entering recession worrying about spending more money o Bad timing . It wouldn't affect the guests-bottom line o May not be an impact on those from Bay area or other metropolis that have higher tax including F&B . Will not have to alter quoted rates . Risk of too much of a good thing. . Group tourism-leave as is-want the right kind of growth. . Would like to see us develop more industry, diversify the economy . More weekend festivals . Rowing regatta Facilitated and Prepared by Leapfrog Training & Facilitation February 2008 7 '1' r . Nervous about increasing "How fast would it be implemented?" . County lodging establishment that don't pay Ashland tax . Don't kill the golden goose . Black Swan Inn: Taxes already too high for small area . Raise TOT lower F&B . Increases possibility of improving/re-allotting current allocations. . Analyze what the money is going towards currently before deciding to increase . There is no follow up . Are we being good stewards? . Need to deliberate a lot more . Comfortable with that; but this is so quick . Lesser conflict with F&B Facilitated and Prepared by Leapfrog Training & Facilitation February 2008 8 "r r QUESTION FOUR What other information would be helpful for the council to make a well- informed decision? · How did tax increases in other [cities] agencies turn out? o Up/down on the revenue streams o Chart with how other counties spend TOT money and how much is generated o Compare Ashland to another who built Convention Center & its impacts o % of TOT that goes to tourism comparison with other cities o What is the amount spent on visitor promotiDn at other cities o Sense of what other tourism related taxes are applied in Dther cities (TOT, FOB, others?) o Average room rates here and competing cities o What are plans for CDnvention Center for local cities? Redding? Medford? Grants Pass? o Where is the tipping pDint of the unintended consequences? · Need visitor survey data: experience, parking issues, tax level, and public transportation. o Need data-does tax increase deter tourism? o Impact on visitDr demDgraphy, i.e. % of seniors visiting? Retirees? SchDDI groups? o Public transpDrtation . How quickly would it be implemented o Phase in advanced-reservation- date certain o If they move fDrward with this 7/2008, it will have a significantly negative impact Dn potential visitors. e Explore other methods of raising funds o Are there Dther sources Df funds tD accDmplish this? · Consensus of community consider food tax & if it is necessary o Need to know hDw community feels · Determine [what the City is} doing [re:] economic dev. Facilitated and Prepared by Leapfrog Training & Facilitation February 2008 9 "I' r · Accountability for tax. How do we know that increase is actually helping tourism economic development? How do we set standards? o Be accountable for how money is spent and how they are viewed . Include average room rates · Measure occupancy percentages · Measure increase in possible meals tax · Need to go back and look at impact of the closing of 150 rooms @ Windmill · Our visitor center needs to be upgraded significantly o Visitor information will be an enhancement o Understand importance of VCB and Chamber as separate and important entities . Understand the trickle-down effect · How do we handle lack of rooms in high season? . No "pie in the sky" dreaming-stick to reality · Reasonable cap on expectations if it's more than 2-3 years-not okay. · Consider location Convention Center-can't be too far away from downtown. · Who will manage, maintain, etc. Convention Center. Who/what group would be available to manage? · Location balance between OSF & Convention Center (OSF on one side Convention Center down near railroad property.) · Why is hotel industry apathetic to informing council (through open houses) · When Ashland Springs has a conference the frequently "spill" business to other properties . Council understands that 1% goes to state . Action plan accountable . Smart clause . Look at fairness of . New money for shoulder season . Don't tax ??? industry . Renewal of small grant guidelines criteria . Tourism aspect II Support small increase Facilitated and Prepared by Leapfrog Training & Facilitation February 2008 10 lAsT COMMENTS · Appreciate having public forum o Provide food at open house [public round table meetings) o Appreciate the process of dialogue o Thanks · Have to recognize what we've got here in Ashland; food, art, bed and breakfasts, nature, adventure. o Infrastructure-don't do anything to ruin what we're got · Improvements usually come from citizens, not political realms o We are over-regulated o Things done at political level to enhance Ashland-Improve and look at areas like land use planning, sign code, lack of art in Lithia Park, etc. · People on council well meaning, but not one represents the tourism or lodging industry-need to reach out · Who will articulate vision-need someone as point-what is the leadership for this project? · Costs are a concern for this low economy o Don't increase meals tax o Don't want to hurt OSF by discouraging lengthier stays o Increase may discourage people from attending · City's lodging process is too awful-if easier those facilities running illegally may register-which might increase TOT levels. · Don't want a convention center (now wfeconomy) · If Grants Pass or Medford builds conference center will we be sorry that we didn't? · The city has to honor the hospitality industry · General public doesn't feel that the council understands the value of small business and the industry as a whole. · What are non-lodging businesses doing to promote tourism to stay open? · Does having TOT as is eliminate possibility of altering the current allocations or the possibility of having a separate TOT committee? Facilitated and Prepared by Leapfrog Training & Facilitation February 2008 11 CITY OF ASHLAND Council Communication Martha Be Funding for Public Art Primary Staff Contact: E-Mail: Secondary Contact: Estimated Time: Ann Seltzer ann@ashland.or.us None 15 minutes Meeting Date: Department: Secondary Dept.: Approval: April 15,2008 Administration Question: Which of the public art funding options does the Council wish explore? Staff Recommendation: Staff recommends Council schedule a public hearing to consider Option #1; 1/10 (one tenth) of 1 % Public Art Commercial Development Fee, and 1/2 (one half) of one percent of Capital Improvement Projects over $25,000, and 5% oftourism dollars generated from a potential increase to the TOT. Background: One of the goals identified in the Public Art Master Plan is to "seek diverse, reliable and stable funding for public art through the City of Ashland" and to prepare a menu of funding options for City Council review and consideration. Attached are the two funding options developed for council review. Option #1 includes: a 1/10 (one tenth) of 1 % Public Art Commercial Development Fee, a 1/2 (one half) of one percent of Capital Improvement Projects over $25,000 and 5% of tourism dollars generated from a potential increase to the TOT. Option #2 includes: a 1/2 (one half) of one percent of Capital Improvement Projects over $25,000 and a 1/2 cent increase in property tax. The PAC is very aware of the budget challenges of the city. The three sources identified were selected to have the least impact on the general fund. The commission supports all three funding sources listed under Option #1. In their analysis, these three sources combined provide funds for public art but do not compete for existing city resources. These sources draw from the commercial development community, general public dollars and tourism generated funds. If Council concurs this option is worth further consideration, a public hearing should be scheduled. The PAC recognizes that the allocation of tourism related TOT funds is part of a larger discussion. Staff is looking for feedback from the council on whether or not to include public art in the range of options being prepared for council discussion in April concerning an increase to the TOT. In addition to the proposed funding options the PAC will continue to seek funds from foundations and from private donors. Previous public art contributions include $5,000 from local foundations, $42,000 from private donors and $5,900 from the City of Ashland. These funds paid for current public art including: Rio Amistad (top of Calle staircase) Oyster and Kelp (Calle Staircase) and Nourishing Our Community (Lithia Way and Pioneer). Page lof2 041508 PAC funding.CC.doc r~' '1' r CITY Of ASHLAND During council deliberation on adopting the Master Plan councilors expressed a desire for a list of specific projects and estimated costs for each project. The PAC has included a list public art projects as part oftheir analysis but are not funded. This list is attached. Related City Policies: The commercial development fee would be collected by the building department at the time of permitting. Staff from the Community Development, Finance and Legal departments has reviewed this proposal. Council Options: . Direct staff to schedule a public hearing for public art funding for Option #1 or Option #2 and direct staff to include funding for public art in the TOT scenario for council discussion in April. . Determine that funding public art is not possible at this time and provide direction to the PAC Potential Motions: . Move adoption of Option# _ for funding public art. . Move to deny funding for public art. Attachments: . Public Art Commission funding options and Public Art project description and associated costs. Page 2 of2 041508 PAC funding.CC.doc ~~, '1' I Public Art Commission Recommendation to the Council, March 18 2008 Proposed Funding Options for Public Art in Ashland Option #1 la) Public Art Commercial Development Fee (CDF) of 1/10 (one tenth) of 1 % The PAC proposes collecting a fee of one tenth of one percent of the total value of commercial construction based on construction permits for new commercial construction and additions to existing commercial properties. Developers would have the option to 1) invest one tenth of one percent of the total value of their construction permit to provide public art on the property working with the Public Art Commission and the public art process or 2) choose to pay a fee of one tenth of one percent ofthe total value of the construction permit to a public art fund. These funds would be set aside and allowed to accumulate in order to finance larger public art projects. In 2007, 16 permits were issued for commercial development. The value ofthat construction based on construction permit information was $6,647,802. One tenth of one percent of that amount would have generated $6,648. In 2006, 31 building permits were issued for commercial development. The value of that construction based on construction permits was determined to be $9,351,909. One tenth of one percent of that amount would have generated $9,351. The greatest number of commercial permits issued during the past five years was 154 permits in 2003 for a commercial valuation of $35,817,729. One tenth of one percent would have generated $35,818 for public art. Ib) Capital Improvement Projects of 1/2 (one halt) of one percent The PAC proposes allocating one half of one percent from capital improvement projects over $25,000 dollars for the maintenance and purchase of public art. CIP projects subject to the percent for art include the purchase, construction, rehabilitation or remodel of any public building or decorative or commemorative public structure within the city limits. The funds would not be required to be used for public art for the CIP project and would be set aside and allowed to accumulate in order to finance larger public art projects. CIP projects not subject to the percent for art include street or sidewalk improvements, public utility work, or emergency services work. Projects currently listed in the CIP that would be subject to the percent for art include: City Facility Upgrades, Fire Station #2, Police Parking Lot Expansion, Police Department Building Improvements, all are non-utility projects and are listed under Administration - City Facilities. lc) Five percent of tourism dollars generated from a potential increase to the TOT. The Public Art Commission is aware the City Council is considering a possible increase to the transient occupancy tax. No doubt, there are numerous tourism related entities vying for those funds. The PAC asks council to consider allocating five percent of the tourism dollars generated from a potential increase for the acquisition of public art. 1 .," r A one percent increase to the TOT would generate approximately $225,000 of which $158,000 must be spent on tourism. Five percent of $158,000 would generate $7,900 for public art. ORS320.300 provides that 70% of the total revenue generated from a TOT increase be spent on tourism. The language defines tourism and includes: "improved real property that has a useful life of 10 or more years and has a substantial purpose of supporting tourism or accommodating tourist activities". The PAC believes that public art could qualify as real property and "tourism related" when included in marketing efforts to promote Ashland as a visitor destination for cultural amenities which include public art. Currently the City of Bend uses a portion of the TOT for the acquisition and maintenance of public art and has taken the position that public art affixed to real property, with the intent that it remains affixed to real property, is "real property". Public art enhances the character of a community and highlights a community's commitment to art and culture. Studies show that public art serves as a powerful economic force, attracting businesses and visitors. It seems appropriate that funds collected from visitors to Ashland be spent on real property that enhances the community they have chosen to visit. If council does not agree public art is tourism-related, the PAC requests 3% of the non-tourism related use of a TOT increase be allocated for public art. The PAC is aware the City is interested in using those funds for specific purposes for the immediate future and therefore defers the request of an allocation of3% of the non-tourism designated funds until 2011. The Public Art Commission believes Option #1 is the most diverse source of funding for public art. It draws funds from the commercial development community, public dollars and tourism generated funds. Option #2 2a) 11/2 percent (one and a half percent) of Capital Improvement Projects Most communities in Oregon allocate a percent for art from capital projects, ranging from 1/2 to 2 1/2 percent, dedicated to public art acquisition and maintenance. Typical capital improvement projects subject to the percent for art include the purchase, construction, rehabilitation or remodel of any public building or decorative or commemorative public structure within the city limits. Projects not subject to the percent for art include street or sidewalk improvements, public utility work, emergency services work. 2b) Property Tax increase A 1/2 cent increase to current property taxes could generate approximately $8,500 annually for public art. A property assessed at $300,000 currently pays $1,718.00 in property taxes. A 1/2 cent increase would generate an additional $3.00, bringing the total property tax on a $300,000 assessed property to $1,721. 2 Public Art Commission Recommendation to the Council, March 4 2008 Upcoming Public Art Projects In 2003, the City Council designated four placeholders for future public art: the gateway island between the library and fire station, the retaining wall in front of the library adjacent to the sidewalk, the park row at the comer of East Main and Gresham Street and the sign on the half wall of the service station across from the gateway island that currently reads "welcome Ashland". Goal 9 of the PAC Master Plan states: "identify the gateway art projects for the existing locations approved by the City Council in 2003 as well as additional gateway locations". Goal 8 of the PAC Master Plan states: "develop community based public art projects which could incorporate neighborhoods and local schools". The following is a list of upcoming public art projects and anticipated costs for each project. Once funds are available, the PAC will engage the public to help define the artistic concept and scope of each project. Gateway Island The largest and most expensive project will be the gateway island. The island is of a substantial size and the final public art piece must be in scale with the location. Based on research of other cities with locations of similar size and scope with public art the anticipated cost for a project of this size is $100,000. The gateway welcome sign, currently posted on the half wall ofthe service station across from the gateway island is prominent and very visible to pedestrians and motorists. Preliminary conversations with the service station property owner indicate a willingness to allow the PAC to make improvements to the sign on the half wall. The anticipated cost is $10,000. Library Retaining Wall Likely the most appropriate medium for this space is a mosaic on the face of the retaining wall facing the sidewalk. Given the size of the wall the anticipated cost for this project is $30,000. The mosaic at the top of the Calle Guanajuato staircase, a smaller space than the library retaining wall, was $20,000. Parkrow at the corner of Gresham Street and East Main Street This space would be appropriate for a smaller piece, such as a kinetic, functional or sculptural piece. The location is of a similar size to the location of public art at the comer of Lithia Way and Pioneer and could accommodate a piece of art similar in size to the public art piece at that location. The anticipated cost for this project is $20,000. 3 "1' r Newly identified public art projects: North Ashland Entrance Sign The north Ashland entrance sign is located on Highway 99 at the base of the train trestle. It is prominent and in a highly visible location for motorists entering Ashland from the north. The original sign was sponsored by Ashland Rotary who recently spoke to the PAC expressing interest in partnering with the PAC and other service clubs to replace the current sign. The anticipated cost ofthis project is $5,000 plus additional support from local service clubs. South Ashland Entrance The PAC has not yet identified an appropriate location for a public art feature at the south entrance to Ashland, but believes it is important and appropriate to place one. This is in keeping with Goal 9 of the Master Plan and public art in gateway locations. The anticipated cost is $10,000. Neighborhood Project Bellview School One of the goals identified in the Master Plan is to "develop community-based public art projects which could incorporate neighborhoods and local schools", The PAC was contacted and asked to assist in creating a mosaic at Bellview School honoring the history of the Bellview community and the school. The proposed project will be coordinated with the Bellview art teacher, Bellview students and the Bellview PTO. The PAC believes this would be an appropriate project for an Economic and Cultural Development grant. The project is also a likely candidate for the involvement of SOU capstone student. The anticipated cost ofthis project is $5,000 plus the support ofthe Bellview community. 4 .!' r CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: April 15, 2008 Police None Martha Be PERF Report Update Primary Staff Contact: E-Mail: Secondary Contact: Estimated Time: Terry Holderness Holderness@ashland.or.us None 20 minutes Question: Does the Council have questions about the report on the implementation of Community Policing based on the recommendations made by the Police Executive Research Forum following an audit of the department in 2006 with the modifications and timeline recommended by the Chief of Police? Staff Recommendation: Staff recommends that Council direct the Chief of Police to continue implementing the recommendations of the PERF report as indicated in the attached timeline with the modifications discussed in this report and in the report presented to Council on September 18, 2007. Background: The purpose of the recommendations set forth in the PERF report were to update some policies, especially those related to the use of force, and to develop policies and procedures to institutionalize community policing in the City of Ashland. The attached time line shows those recommendations that have been completed and projected completion dates for the recommendations that have not been completed. The time line shows that it is the intention of the police department to complete most of the recommendations by July of this year. The final recommendations should be completed by September of this year. Most of the action items were completed by the time indicated on the time line submitted in September of 2007. Most of the action items that have not yet been completed have had the completion date modified. If the date has been modified from the timeline presented in September the attached timeline indicates that a change has been made. Many of the action items on the time line are being placed where they are due to their relationship to other items that need to be completed first. For example many of the action items were expected to be worked on at least in part by the new Lieutenant. Since that recruitment took several months longer then planned the completion date for all of those items had to be modified. Several of the action items on the chart were not specifically recommended in the PERF report but department staff feels they are consistent with the goals of recommendations made in the report. For example: . The PERF report does not specifically recommend the development of a training plan. A formal training plan will help institutionalize all of the recommendations made in the report related to training. That plan should be completed earlier then originally planned and the date of completion has been modified to reflect that. Page ] of 3 CC-PERF update r~' T r CITY OF ASHLAND . The PERF report did not specifically recommend a school resource officer but talked about the need for the department to improve relations with teenage members of the community. Department staff feels that an SRO program is the most effective way to accomplish that goal. The original timeline called for implementation of the school resource officer program in June of this year. That date has been modified to September of this year and is still dependent on our ability to hire additional officers. . No mention was made in the PERF report of the specific need to conduct comprehensive leadership training to improve department wide accountability. Department staff feels this type of training is critical to implementing the changes recommended in the report. Each item on the time line has the number of the PERF report recommendation that is related to that action item. Significant Accomplishments: ~ The contact station in the downtown area is in the process of being remodeled and should be open to the public within the next two weeks. ~ This week we are holding the first training course held in the State of Oregon to train officers in the PTO training program. This program was developed under a grant from the US DOJ Office of Community Oriented Policing Services. The COPS office developed this program to effectively train officers to function in a community policing environment. All future officers will be receiving their initial field training using this model. ~ We have modified the requirements for new officers so that prior experience working in community service can be considered in lieu of education or military service. New requirements for promotions reduce the requirements for time in service giving us the ability to promote employees based more on performance then longevity. . ~ New evaluation forms that evaluate officers on specific activities and behaviors including community and problem orientated policing are now being used. ~ We have successfully conducted the first Leading Police Organizations class held in the State of Oregon. That class was so well received that other area agencies will be holding an additional class later this year. We will be sending additional employees that could not attend the first class to that class. Other issues: The area commander program is in place and functioning. The monthly area commander meeting's are being held and we have completed several problem solving efforts and are working on several more. We have been conducting and attending community meetings around the city as part of that program. The large scale community meetings planned as part of that program have not yet started. We will be holding the first of those meetings in June of this year. The area commanders will use those meetings to identify community members that are interested in being involved in the process of creating our new department mission statement and goals. The completion dates of those items have been modified to reflect that change. Page 2 of 3 CC-PERF update rA' "r r CITY OF ASHLAND The review of policies related to the complaint procedure and use of force is now being done as part of the complete review and rewrite of our entire general orders as part of the Lexipol contract. This has caused us to modify the date of completion of those action items. Related City Policies: None Council Options: The Council may direct the Chief of Police to implement the recommendations of the PERF report as recommended in this report or may direct the Chief to reconsider any of the action items presented or defer acceptance (take no action) awaiting further information or clarification. Potential Motions: I move to direct the Chief of Police to continue with the implementation of the recommendations of the PERF report as recommended by staff I move to request that the Chief make the following modifications in the plan Attachments: Timeline for implementation of action items Page 3 of3 CC-PERF update rA' or r PERF Report Time Line Projected Accomplishment Dates Recommendation 1: Police Chief as a strategic leader. Accomplished Chief Holdemess has set up committees and time lines for the task force to implement the PERF Report. Update APD vision, values and mission statement September 1, 2008 (Change) Recommendation 2: Restructuring of the department Accomplished Promotional process for support commander Accomplished School Resource Officer Implementation September 1, 2008 (Change) Accomplished Verify qualifications for positions Recommendation 3: Gathering statistical data Accomplished Divide city into areas Accomplished Recommendation 4: Recruitment/Hiring Process Accomplished Review of Recruitment /Hiring Process June 1,2008 Review of promotional process June 1,2008 Recommendation 5: Adoption of Police Training Program May 1, 2008 ( Change) Problem Oriented Training Accomplished Leadership Training Accomplished Training Plan for all employees May 1, 2008 (Change) Recommendation 6: Area Command set up Accomplished '!' r Recommendation 7: Performance appraisal system created Recommendation 8: Career Development plan Recommendation 9: Weekly informationals by Chief Frequent/Open communication by Chief to City Administrator Set up Contact Station Reinstitute Citizens' Academy Update website Dissemination of Po licyl Procedures Recommendation 10: Update employee disciplinary process Recommendation 11: Purchase of tasers/update of policy Critical Incident Management Training Use of Force panel review Review of Use of Force policy Accomplished May 1, 2008 (Change) Accomplished Accomplished May 1, 2008 (Change) September 1, 2008 (Change) Accomplished Accomplished July 1, 2008 ( Change) Accomplished Accomplished Accomplished July 1, 2008 (Change) .,. r CITY OF ASHLAND Council Communication Parks Ordinance repeal: AMC 10.68.050, 10.68070 and 10.68.160 Meeting Date: Department: Secondary Dept.: Approval: April 15, 2008 City Attorney's Of 1 e Primary Staff Contact: E-Mail: Secondary Contact: Estimated Time: Richard Appicello Appicelr@ashland.or.us 5 minutes / Ordinance Question: Should the City Council conduct and approve First Reading of an Ordinance titled, "An Ordinance relating to public parks, repealing Code Sections 10.68.050, 10.68.070 and 10.68.160" and move the ordinance on to Second Reading on May 6, 2008? Staff Recommendation: Staff recommends Council approval of First Reading by title only and move the Ordinance on to Second Reading set for May 6,2008. Background: After the U.S. Supreme Court decision in Watchtower Bible & Tract Society v. Village of Stratton, 536 U.S. 150 (2002), most local governments examined their local ordinances for overbreadth.-(i.e. the regulation sweeps within its ambit constitutionally protected activities.). The City Attorney's office has identified the provisions proposed for amendment or repeal as potentially subject to legal challenge. AMC 10.68.050 has also been identified for repeal in correspondence from the American Civil Liberties Union to the City Council. After Council consideration on 4-1-08, the ordinance was revised and .no longer is proposed for emergency enactment. A revised ordinance was emailed to Council members on 4-2-08. Related City Policies: City Charter Article 10, Ordinance adoption provisions Council Options: (1) Move to approve First Reading and continue the matter to May 6, 2008 for Second Reading. (2) Postpone consideration. Potential Motions: Staff: [Conduct First Reading of Ordinance by Title only] Council: Motion to approve First Reading and set Second Reading for May 6, 2008. Attachments: Proposed ordinance Page 1 041508 Parks Ordinance.CC.doc r4.' .~. r ORDINANCE NO. AN ORDINANCE RELATING TO PUBLIC PARKS, AND REPEALING CODE SECTIONS 10.68.050, 10.68.070 AND 10.68.160 Annotated to show doletions and additions to the code sections being modified. Deletions are bold . and additions are in bold underline. WHEREAS, the City of Ashland wishes to repeal outdated and questionable parks provisions first instituted in 1916 and 1978; THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Repeal. repealed. SECTION 2. Repeal. SECTION 3. Repeal. repealed. Section 10.68.050 [Soliciting - Begging - Prohibited], is hereby Section 10.68.070 [Vocations-Prohibited], is hereby repealed. Section 10.68.160 [Annoying others -Prohibited] is hereby SECTION 4. Severability.. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2008, and duly PASSED and ADOPTED this day of , 2008. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of ,2008. John W. Morrison, Mayor Reviewed as to form: Richard Appicello, City Attorney Ordinance No. Page 1 of2 T f CITY OF ASHLAND Council Communication Ordinance amending AMC 10.115.080- Tenants Rights regarding fines Meeting Date: Department: Secondary Dept.: Approval: Apri115,2008 City Attorney's Office None Martha Benn Primary Staff Contact: E-Mail: Secondary Contact: Estimated Time: Richard Appicello Appice1r@ash1and.or.us None 5 minutes Question: Should the City Council conduct and approve First Reading of an Ordinance titled, "An Ordinance Amending the Ashland Municipal Code, Chapter 10.115, Tenants Rights, Amending Section 10.115.080, relating to fines" and move the ordinance on to Second Reading on May 6, 2008? Staff Recommendation: Staff recommends Council approval of First Reading by title only and move the Ordinance on to Second Reading set for May 6,2008. Background: This ordinance is proposed to correct the penalty associated with violation of tenants rights ordinance. When adopted last year the ordinance provided for penalties up to one thousand dollars. Unfortunately regardless of how significant an issue is to the City Councilor staff, you cannot set a higher fine than the City Charter provides for a City ordinance violation. The City Charter provision, (likely from 1906) states: Section 1. Violation of Charter, Ordinance and Laws The Council, at any regular or adjourned meeting, shall have the power within the limits of the City of Ashland to enact laws, ordinances and pass resolutions not in conflict or inconsistent with the laws of the United States, the State of Oregon, or the provisions of this Charter; and to provide for punishment of any person or persons found guilty by a competent tribunal of the violation of any such laws, ordinances, or any of the provisions of this Charter, by fine or imprisonment of such offender, until such fine and costs are paid; and to provide for the working of such persons so convicted on the streets of the City or at any other work, and to provide the compensation therefor to be applied on such fine and costs; but no fine shall exceed the sum of $500 and the costs of prosecution, nor shall any imprisonment or term at hard labor exceed 60 days. Obviously because of the failure of the Charter update (which would have removed this limitation) the City is limited to $500.00 and the cost of prosecution. This ordinance must be amended to be consistent with the current Charter. This office will separately bring a proposed amendment to 1.08 to address appropriate fees for court costs - costs of prosecution. .At some point the Council will need to revisit elimination of outdated Charter provisions, (but not here).. Pursuant to Council Rules, [AMC 2.04.050] Councilor Silbiger contacted this office and correctly pointed out an oversight in the Tenants Rights amendment (failure to strike "a minimum of"). I have made this change. Page 1 041508 Tenants Rights.CC.doc rA' .~' r CITY OF ASHLAND Related City Policies: City Charter Article 10, Ordinance adoption Council Options: (1) Move to approve First Reading and continue the matter to May 6, 2008 for Second Reading. (2) Postpone consideration. Potential Motions: Staff: [Conduct First Reading of Ordinance by Title only} Council: Motion to approve First Reading and set Second Readingfor May 6, 2008. Attachments: Proposed ordinance Page 2 041508 Tenants Rights.CCdac r~' 'j' r ORDINANCE NO. AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE, CHAPTER 10.115, TENANTS RIGHTS, AMENDING SECTION 10.115.080, RELATING TO FINES. Annotated to show deletions and additions to the code sections being modified. Deletions are bold . and additions are in bold underline. WHEREAS, it is necessary for consistency with the Ashland City Charter to amend the maximum fine prescribed for violations of Ashland Municipal Code 10.115.080 Section B. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS: SECTION 1. Section 10.115.080 is hereby amended to read as follows: B. Not\odthstanding the fine limitations of AMC Section 1.08.020, Ithe fine for violation of any provision of this Chapter shall be a minimum of $500.00 $1000.00 for each unit affected, excludina any required state and local assessments. If the ...iolation is a failure to pay the relocation benefit or prohibited harassment or frustration of tenant's rights and the offender is a corporation or other business entity, then an additional special corporate fine shall be imposed, in addition to the minimum fine, equal to an amount h\fice the relocation assistance amount unlawfully '::ithheld. SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered, or re-Iettered, provided however that any Whereas clauses and boilerplate provisions (Le. Sections 2-3) need not be codified. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of ,2008, and duly PASSED and ADOPTED this day of , 2008. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of ,2008 John W. Morrison, Mayor Reviewed as to form: Richard Appicello, City Attorney Ordinance No. Page 1 of 1 "I' r CITY OF ASHLAND Council Communication Ordinance amending AMC 9.24.055- Woodstoves / Fireplace Inserts concerning penalties. Meeting Date: Department: Secondary Dept.: Approval: April 15, 2008 City Attorney's Office None Martha Benn Primary Staff Contact: E-Mail: Secondary Contact: Estimated Time: Richard Appicello Appicelr@ashland.or.us None 5 minutes Question: Should the City Council conduct and approve First Reading of an Ordinance titled, "An Ordinance amending the Ashland Municipal Code, Chapter 9.24, Removal and Disposal of Non-Certified Woodstoves and Fireplace Inserts, amending Section 9.24.055, relating to fines" and move the ordinance on to Second Reading on May 6, 2008? Staff Recommendation: Staff recommends Council approval of First Reading by title only and move the Ordinance on to Second Reading set for May 6, 2008. Background: This ordinance is proposed to correct the penalties associated with violation of the woodstove / fireplace insert ordinance. When adopted last year the ordinance provided for penalties up to one thousand dollars. Unfortunately regardless of how significant an issue is to the City Councilor staff, you cannot set a higher fine than the City Charter provides for a City ordinance violation. The City Charter provision, (likely from 1906) states: Section 1. Violation of Charter, Ordinance and Laws The Council, at any regular or adjourned meeting, shall have the power within the limits of the City of Ashland to enact laws, ordinances and pass resolutions not in conflict or inconsistent with the laws of the United States, the State of Oregon, or the provisions of this Charter; and to provide for punishment of any person or persons found guilty by a competent tribunal of the violation of any such laws, ordinances, or any of the provisions of this Charter, by fine or imprisonment of such offender, until such fine and costs are paid; and to provide for the working of such persons so convicted on the streets of the City or at any other work, and to provide the compensation therefore to be applied on such fine and costs; but no fine shall exceed the sum of $500 and the costs of prosecution, nor shall any imprisonment or term at hard labor exceed 60 days. Obviously because of the failure of the Charter update (which would have removed this limitation) the City is limited to $500.00 and the cost of prosecution. This ordinance must be amended to be consistent with the current Charter. This office will separately bring a proposed amendment to 1.08 to address appropriate fees for court costs - costs of prosecution. .At some point the Council will need to revisit elimination of outdated Charter provisions, (but not here).. Pursuant to Council Rules, [AMC 2.04.050] Councilor Silbiger contacted this office and suggested simplification of the woodstove penalty, section 1, from: Page 1 041508 Wood stove Fireplace Insert.CC.doc rA' .,. r CITY OF ASHLAND "The fine for violation of any provision of this Section shall be a minimum of $250.00 and a maximum of $500.00 excluding any required state and local assessments" to the following, "The fine for violation of any provision of this Section shall be $500.00 excluding any required state and local assessments.". An equivalent change would be made in Section 2, "not less than $250.00 and not more than $500.00 as well as the cost of Court or Administrative proceedings to enforce the removal requirement" changes to ... "shall be $500.00 as well as the cost of Court or Administrative proceedings to enforce the removal requirement" I have not made this change, but if the Council wishes to make this change it we will read at the meeting. Related City Policies: City Charter Article 10, Ordinance adoption Council Options: (1) Move to approve First Reading and continue the matter to May 6, 2008 for Second Reading. (2) Postpone consideration. Potential Motions: Staff: [Conduct First Reading of Ordinance by Title only} Council: Motion to approve First Reading and set Second Reading for May 6, 2008. Attachments: Proposed ordinance Page 2 041508 Wood stove Fireplace 1nsert.CC.doc r~' .,. , ORDINANCE NO. AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE, CHAPTER 9.24, REMOVAL AND DISPOSAL OF NON-CERTIFIED WOODSTOVES AND FIREPLACE INSERTS, AMENDING SECTION 9.24.055, RELATING TO FINES. Annotated to show delotions and additions to the code sections being modified. Deletions are bold . and additions are in bold underline. WHEREAS, it is necessary for consistency with the Ashland City Charter to amend the maximum fine prescribed for violations of Ashland Municipal Code 9.24.055 Section 1 and Appendix A. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 9.24.055 is hereby amended to read as follows: A. PROHIBITION. It shall be unlawful and a violation of the Ashland Municipal Code, for the Conveyance of Real Property to occur for any real property located within the City of Ashland in violation of the requirements of this Section, including specifically documented compliance with the Disclosure, Removal/Disposal and Certification requirements set forth herein. Notwithstanding the fine limitations of AMC Section 1.08.020, Ithe fine for violation of any provision of this Section shall be a minimum of $250.00 and a maximum of $1000.00, $500.00 excluding any required state and local assessments. SECTION 2. Appendix A, incorporated by AMC 9.24.055 is amended as follows: The Seller and the Buyer also understand that this Disclosure Certificate must be executed by the Seller and acknowledged by the Buyer prior to closing or transfer and delivered to the City of Ashland with the executed Removal Certificate and receipt evidencing proper disposal. Failure to comply with the Disclosure, Removal, Disposal and Certificate requirements of AMC 9.24.055 is punishable by a fine of not less than $250.00 and not more than $1000 J500.00 as well as the cost of Court or Administrative proceedings to enforce the removal requirement. SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered, or re-Iettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 3- 4) need not be codified. Ordinance No. Page 1 of2 "l' T The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2008, and duly PASSED and ADOPTED this day of ,2008. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of ,2008 John W. Morrison, Mayor Reviewed as to form: Richard Appicello, City Attorney Ordinance No. Page 2 of2 CITY OF ASHLAND Council Communication Ordinance amending AMC lO.lOO.OlO-Social Gambling Meeting Date: Department: Secondary Dept.: Approval: April 15, 2008 City Attorney's Office None Martha Benne Primary Staff Contact: E-Mail: Secondary Contact: Estimated Time: Richard Appicello Appicelr@ashland.or.us None 5 minutes Question: Should the City Council conduct and approve First Reading of an Ordinance titled, "An Ordinance amending the Ashland Municipal Code, Section 10.100.010, Social Gambling and Social Games" and move the ordinance on to Second Reading on May 6, 2008? Staff Recommendation: Staff recommends Council approval of First Reading by title only and move the Ordinance on to Second Reading set for May 6,2008. Background: The existing Ashland Municipal Code references a 1974 House Bill. The proposed amendment replaces the reference to this bill with the appropriate Oregon Revised Statute. AMC 10.100.10 simply authorizes social gambling and social games as defined in state law by charitable, fraternal and religious organizations. The city has authority to, but does not regulate or license such gambling. If the Council desires to regulate or license this activity, a separate motion would be appropriate. Related City Policies: City Charter Article 10, Ordinance adoption Council Options: (1) Move to approve First Reading and continue the matter to May 6, 2008 for Second Reading. (2) Postpone consideration. Potential Motions: Staff: [Conduct First Reading of Ordinance by Title only] Council: Motion to approve First Reading and set Second Readingfor May 6, 2008. Attachments: Proposed ordinance Page 1 041508 Gambling.CC.doc r~' 'r T ORDINANCE NO. AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE, SECTION 10.100.010, SOCIAL GAMBLING AND SOCIAL GAMES. Annotated to show doletions and additions to the code sections being modified. Deletions are lined through in bold and additions are in bold underline. WHEREAS, Ashland Municipal Code Chapter 10.100.010 references a 1974 Oregon Legislative House Bill No. 3327; and WHEREAS, House Bill Number 3327 has been codified as ORS 167.117; and WHEREAS, the City wishes to update the City of Ashland Municipal Code to reference the applicable Oregon Revised Statute as opposed to the 1974 House Bill. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1: Amendment. Ashland Municipal Code Section 10.100.010 is hereby amended to read as follows: 10.100.10. Social gambling. Social gambling and social games as defined in House Bill No. 3327, ORS 167.117 which is to become effective May 6, 1974, are hereby permitted in charitable, fraternal and religious organizations. SECTION 2: Severability. If any section, provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other sections, provisions, clauses, or paragraphs of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 3: Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered, or re-Iettered, provided however that any Whereas clauses and boilerplate provisions (Le. Sections 2-3 ) need not be codified. / / / Ordinance Amending 10.100.010 1 .,. r The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2008, and duly PASSED and ADOPTED this day of , 2008. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of Reviewed as to form: Richard Appicello, City Attorney Ordinance Amending 10.100.010 ,2008. John W. Morrison, Mayor 2 CITY OF ASHLAND Council Communication Ordinance amending AMC 2.28.270- City Attorney Duties Meeting Date: Department: Secondary Dept.: Approval: April 15,2008 City Attorney's Office None Martha Benn Primary Staff Contact: E-Mail: Secondary Contact: Estimated Time: Richard Appicello Appicelr@ashland.or.us None 5 minutes Question: Should the City Council conduct and approve First Reading of an Ordinance titled, "An Ordinance amending the Ashland Municipal Code, Section 2.28.270, City Attorney Duties" and move the ordinance on to Second Reading on May 6, 2008? Staff Recommendation: Staff recommends Council approval of First Reading by title only and move the Ordinance on to Second Reading set for May 6,2008. Background: The Ashland Municipal Code cannot be inconsistent with state law. The practice oflaw, including the representation of a City (City ordinance offenses) or the State (ORS offenses), may only be conducted by an attorney licensed to practice law in Oregon. [ORS 9.160 and ORS 9.320] An exception for peace officers prosecuting violations (e.g. traffic court) was created in 1999 with the rewrite ofORS Chapter 153 - concerning violations. [ORS 153.083]. The proposed amendment corrects what appears to be inconsistent language in the City Code. Related City Policies: City Charter Article 10, Ordinance adoption Council Options: (1) Move to approve First Reading and continue the matter to May 6, 2008 for Second Reading. (2) Postpone consideration. Potential Motions: Staff: [Conduct First Reading of Ordinance by Title only} Council: Motion to approve First Reading and set Second Readingfor May 6, 2008. Attachments: Proposed ordinance Page 1 041508 City Attorney Duties.CC.doc r~' '1' , ORDINANCE NO. AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE, SECTION 2.28.270, CITY ATTORNEY DUTIES. Annotated to show deletions and additions to the code sections being modified. Deletions are lined through in bold and additions are in bold underline. WHEREAS, Ashland Municipal Code Chapter 2.28.270 is inconsistent with ORS 9.160 and 9.320, concerning the practice of law and the exception for peace officers in ORS 153.083; and WHEREAS, the City wishes to amend the City of Ashland Municipal Code to make the code consistent with state law. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS: SECTION 1: Amendment. Ashland Municipal Code Section 2.28.270 is hereby amended to read as follows: 2.28.270 City Attorney Ex Officio Duties. With respect to criminal proceedings in the Municipal Court, the City Attorney shall be the Ex officio prosecuting attorney.:. Wwhenever the defendant is represented by an attorney on an infraction or violation. the City Attornev shall also prosecute the offense. In all other infraction or violation criminal proceedings in the Municipal Court, the City Attorney shall consult and assist the enforcement officer involved.:. or represent the City when the case is of unusual complexity or contains unusual difficulties as determined by the officer involved, and the Chief of Police, or a designee. SECTION 2: Severability. If any section, provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other sections, provisions, clauses, or paragraphs of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 3: Savings Clause. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement or other actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or actions commenced during the times said ordinance(s) or portions thereof were operative. '1' T SECTION 4: Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered, or re-Iettered, provided however that any Whereas clauses and boilerplate provisions (Le. Sections 2- 4 ) need not be codified. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of ,2008, and duly PASSED and ADOPTED this day of , 2008. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of ,2008. John W. Morrison, Mayor Reviewed as to form: Richard Appicello, City Attorney O!' J CITY OF ASHLAND Council Communication Peddlers Ordinance Amendment and repeal: AMC 6.24 Meeting Date: Department: Secondary Dept.: Approval: April 15, 2008 City Attorney's Of~e None Martha Benne Primary Staff Contact: E-Mail: Secondary Contact: Estimated Time: Richard Appicello Appicelr@ashland.or.us None 5 minutes / Ordinance Question: Should the City Council conduct and approve First Reading of an Ordinance titled, "An Ordinance relating to Solicitation, requiring no trespass signs, limiting solicitation hours, and repealing Code Chapter 6.24 concerning peddlers" and move the ordinance on to Second Reading on May 6, 2008? Staff Recommendation: Staff recommends Council approval of First Reading by title only and move the Ordinance on to Second Reading set for May 6,2008. Background: After the U.S. Supreme Court decision in Watchtower Bible & Tract Society v. Village of Stratton, 536 U.S. 150 (2002), most local governments examined their local ordinances for overbreadth.-(i.e. the regulation sweeps within its ambit constitutionally protected activities.). The City Attorney's office has identified the provisions proposed for amendment or repeal as potentially subject to legal challenge. Following Council discussion on 4-1-08, the ordinance was revised and is no longer proposed for emergency enactment. A revised ordinance was emailed to Council members on 4-2-08. On 4-9-08 the City Attorney's office received some drafting edits from Mr. David Berger who testified at the last meeting. Some of the changes had actually already been made as part of the revision sent out on 4-2-08. I generally agree with some ofthe proposed edits. Accordingly, I have shown some changes in italics - but I will have to read them if the Council finds them desirable because they were not available seven days before the meeting. Related City Policies: City Charter Article 10, Ordinance adoption provisions Council Options: (1) Move to approve First Reading and continue the matter to May 6,2008 for Second Reading. (2) Postpone consideration. Potential Motions: Staff: [Conduct First Reading of Ordinance by Title only] Council: Motion to approve First Reading and set Second Readingfor May 6,2008. Attachments: Proposed Ordinance from 4-2-08 Ordinance with edits 4-9-08 Page I 041508 Peddlers Ordinance Amendment.CC.doc r., ORDINANCE NO. AN ORDINANCE RELATING TO SOLICITATION, REQUIRING NO TRESPASS SIGNS, LIMITING SOLICITATION HOURS, AND REPEALING CODE CHAPTER 6.24 CONCERNING PEDDLERS, Annotated to show doletions and additions to the code sections being modified. Deletions are bold . and additions are bold underlined. WHEREAS, the City of Ashland wishes to repeal its peddler provisions and replace it with an ordinance that conforms with case law regarding solicitation. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Sections 6.24.010 [Solicitation hours] through 6.24.050 [Penalties] are hereby added to read as follows: 6.24.010 Solicitation hours. The occupant of real property shall be considered to have aiven constructive consent to enter real property for the purpose of solicitation between the hours of 8:00 a.m. and 9:00 p.m. or by the prior. express permission of the person occupyina or in control of those premises. unless a sian is posted pursuant to AMC 6.24.030. 6.24.020 Business license required. A business. shop. trade. profession. or occupation transactina or carrying on business by solicitina door-to-door within the city limits is required to obtain a business license pursuant to the business license ordinance. Business licenses are not required for not-for-profit oraanizations. including but not limited to aovernmental. community. social. reliaious. or political oraanizations. includina fundraisina. 6.24.030 Criminal trespass. A person that enters private property posted with a clearly visible "No Solicitation." "No Trespassina." or similar sian is subiect to prosecution for criminal trespass. reaardless of whether the purpose for entry was to enaaae in business or otherwise and reaardless of the hour at which the solicitation took place. 6.24.040 Sians Signs posted under this section must contain the words "no solicitation" or "no trespassina" or substantially similar lanauage. Signs shall not exceed 12 inches by 12 inches in dimension. and such signs shall conform with AMC Chapter 18.96. Signs posted pursuant to this section shall be posted on or near the boundaries of the property at normal points of entry. or if there are no apparent boundaries. the sign shall be placed at the primary entrance. Ordinance No. Page 1 of2 6.24.050 Criminal trespass exception. The prohibition of AMC 6.24.030 does not apply to those that have received prior express permission from the person in control of the premises, or to Qovernment officials enterinQ the property in the performance of their lawful duties, includinQ, but not limited to: postal workers, peace officers, emerQency service personnel, or city employees. 6.24.060 Penalties. A violation of any of the provisions of this chapter shall constitute a Class C misdemeanor, except that the maximum fine per offense is limited to five hundred dollars ($500.00) and the costs of prosecution while Article 9, Section 1 of the Ashland City Charter is effective. NotwithstandinQ this provision, the offense of criminal trespass may also be charQed and prosecuted as a violation of state law. SECTION 2. Repeal. Ashland Municipal Code Chapter 6.24 [Peddlers] is hereby repealed in its entirety. SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2008, and duly PASSED and ADOPTED this day of , 2008. Barbara M. Christense~, City Recorder SIGNED and APPROVED this _ day of ,2008. John W. Morrison, Mayor Reviewed as to form: Richard Appicello, City Attorney Ordinance No. Page 2 of2 ORDINANCE NO. AN ORDINANCE RELATING TO SOLICITATION, REQUIRING NO TRESPASS SIGNS, LIMITING SOLICITATION HOURS, AND REPEALING CODE CHAPTER 6.24 CONCERNING PEDDLERS, Annotated to show deletions and additions to the code sections being modified. Deletions are bold . and additions are bold underlined. WHEREAS, the City of Ashland wishes to repeal its peddler provisions and replace it with an ordinance that conforms with case law regarding solicitation. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Sections 6.24.010 [Solicitation hours] through [Penalties] are hereby added to read as follows: 6.24.020 Business license required. A business. shop. trade. profession. or occupation transactina or carrvina on business by solicitina door-to-door within the city limits is required to obtain a business license pursuant to the business license ordinance. Business licenses are not required for not-fo~~~~~.~!..C?r~anizations. includina but not limited to aovernmental. community. II... social. reliaious. or political oraanizations. includina fundraisina. 6.24.040 Sians Sians posted under this section must contain the words "no solicitation" or "no trespassina" or substantially similar lanauaae. Sians shall not exceed 12 inches by 12 inches in dimension. and such sians shall conform with AMC Chapter 18.96. Sians posted pursuant to this section shall be posted on or near the boundaries of the property at normal points of entry. or if there are no apparent boundaries. the sian shall be placed at the primary entrance. Ordinance No. Page 1 of2 6.24.050 Criminal trespass exception. The prohibition of AMC 6.24.030 does not apply to thoselllllll"have received prior express permission from the person in control of the premises. or to aovernment officials enterina the property in the performance of their lawful duties. includina. but not limited to: postal workers. peace officers. emeraency service personnel. or city employees. 6.24.060 Penalties. A violation of any of the provisions of this chapter shall constitute a Class C misdemeanor. except that the maximum fine per offense is limited to five hundred dollars ($500.00) and the costs of prosecution while Article 9. Section 1 of the Ashland City Charter is effective. Notwithstandina this provision. the offense of criminal trespass may also be charaed and prosecuted as a violation of state law. SECTION 2. Repeal. Ashland Municipal Code Chapter 6.24 [Peddlers] is hereby repealed in its entirety. SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2008, and duly PASSED and ADOPTED this day of . 2008. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of ,2008. John W. Morrison, Mayor Reviewed as to form: Richard Appicello, City Attorney Ordinance No. Page 2 0[2 ",. T