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HomeMy WebLinkAbout1999-0105 Council PACKET Important: Any citizen attending council meetings may speak on any item on the agenda, unless it is the subject of a public hearing which has been closed. If you wish to speak, please fill out the Speaker Request form located near the entrance to the Council Chambers. The chair will recognize you and inform you as to the amount of time allotted to you. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to be heard, and the length of the agenda. AMENDED AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL January 5, 1999 Civic Center Council Chambers, 1175 E. Main Street 6:00 p.m. Strategic Planning Study Session: Identify issues from Citizen Survey. 7:00 p.m. Regular City Council Meeting. I PLEDGE OF ALLEGIANCE: 7:00 p.m., Civic Center Council Chambers. II OATH OF OFFICE: City Councilors David Fine, Susan Reid and Cameron Hanson for terms to expire December 31, 2002. III ROLL CALL: IV MAYOR'S ANNUAL ADDRESS: "The State of the City." V APPROVAL OF MINUTES: Regular meeting minutes of December 15, 1998. VI SPECIAL PRESENTATIONS & AWARDS: (None) VII CONSENT AGENDA: 1. Minutes of Boards, Commissions and Committees. 2. Monthly Departmental Reports. VIII PUBLIC HEARINGS: (Testimony limited to 5 minutes per speaker. All hearings must conclude by 9:30 p.m. or be continued to a subsequent meeting). 1. Public Hearing and Council motion authorizing a loan application to Oregon Economic Development Department for the Ashland Fiber Network. 2. Public Hearing regarding Planning Action 98-091, a request for a Site Review to demolish the existing hotel and construct a 10,901 sq. ft. retail building, and convert the existing 24 hotel units to studio apartments for the property located at 1520 Siskiyou Blvd. /I IX PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to 5 minutes per speaker and 15 minutes total.) X UNFINISHED BUSINESS: 1. Discussion regarding "Smartwood" Certified Sustainable Forest Program (previous discussion 9/15/98 council meeting). XI NEW AND MISCELLANEOUS BUSINESS: 1. Council Meeting Look Ahead. 2. Council Election of Chair to City Council. 3. Mayor's appointments of Council liaisons to various boards and commissions. 4. El tion of Citizens' Budget Committee members (3). Consideration of a Request from the Ashland Parks & Recreation Commission to C?,Y�� exempt the selection of a landscape architect for the Calle Guanajuato ? restoration project, from formal competitive selection procedures. XII ORDINANCES, RESOLUTIONS AND CONTRACTS: 1. First reading by title only of"An Ordinance Amending the Telecommunications Title 16 of the Ashland Municipal Code to Add Provisions Regulating Cable Service and to Simplify and Clarify Requirements for Grantees." 2. Reading by title only of"A Resolution Establishing the City of Ashland Programming Committee for the Ashland Fiber Network Cable Television (AFN/CATV) System and Prescribing Its Duties and Responsibilities." XIII OTHER BUSINESS FROM COUNCIL MEMBERS: XIV ADJOURNMENT: Reminder • Joint City Council/Parks Study Session on Tuesday, January 12, 1999 at 7:00 p.m. at the Senior Center, Hunter Park, to discuss the Calle. • Strategic Planning Study Session on Tuesday, January 19, 1999 at 6:00 p.m. 1 w Important: Any citizen attending council meetings may speak on any item on the agenda, unless it is the subject of a public hearing which has been closed. If you wish to speak, please fill out the Speaker Request form located near the entrance to the Council Chambers. The chair will recognize you and inform you as to the amount of time allotted to you. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to be heard, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL January 5, 1999 Civic Center Council Chambers, 1175 E. Main Street 6:00 p.m. Strategic Planning Study Session: Identify issues from Citizen Survey. 7:00 p.m. Regular City Council Meeting. I PLEDGE OF ALLEGIANCE: 7:00 p.m., Civic Center Council Chambers. 11 OATH OF OFFICE: City Councilors David Fine, Susan Reid and Cameron Hanson for terms to expire December 31, 2002. III ROLL CALL: IV APPROVAL OF MINUTES: Regular meeting minutes of December 15, 1998. V SPECIAL PRESENTATIONS & AWARDS: (None) VI CONSENT AGENDA: 1. Minutes of Boards, Commissions and Committees. 2. Monthly Departmental Reports. VII PUBLIC HEARINGS: (Testimony limited to 5 minutes per speaker. All hearings must conclude by 9:30 p.m. or be continued to a subsequent meeting). 1. Public Hearing and Council motion authorizing a loan application to Oregon Economic Development Department for the Ashland Fiber Network. 2. Public Hearing regarding Planning Action 98-091, a request for a Site Review to demolish the existing hotel and construct a 10,901 sq. ft. retail building, and convert the existing 24 hotel units to studio apartments for the property located at 1520 Siskiyou Blvd. Council Meeting Pkt. BARBARA CHRISTENSEN CITY RECORDER r VIII PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to 5 minutes per speaker and 15 minutes total.) IX UNFINISHED BUSINESS: 1. Discussion regarding "Smartwood" Certified Sustainable Forest Program (previous discussion 9/15/98 council meeting). X NEW AND MISCELLANEOUS BUSINESS: 1. Council Meeting Look Ahead. 2. Council Election of Chair to City Council. 3. Mayor's appointments of Council liaisons to various boards and commissions. 4. Election of Citizens' Budget Committee members (3). 5. Consideration of a Request from the Ashland Parks & Recreation Commission to exempt the selection of a landscape architect for the Calle Guanajuato restoration project, from formal competitive selection procedures. XI ORDINANCES, RESOLUTIONS AND CONTRACTS: 1. First reading by title only of"An Ordinance Amending the Telecommunications Title 16 of the Ashland Municipal Code to Add Provisions Regulating Cable Service and to Simplify and Clarify Requirements for Grantees." 2. Reading by title only of"A Resolution Establishing the City of Ashland Programming Committee for the Ashland Fiber Network Cable Television (AFN/CAIN System and Prescribing Its Duties and Responsibilities." XII OTHER BUSINESS FROM COUNCIL MEMBERS: XIII ADJOURNMENT: Reminder •:Joint City Council/Parks Study Session on Tuesday, Janua 12, 1999,:at 7:00 p.m. at the Senior Center, H,I unter Park, to discuss the Calle. Strategic Planning Study Session on Tuesday, January 19, 1999 at 6:00 p`.m. I Umf BEFORE THE ASHLAND CITY COUNCIL MEMORANDUM IN SUPPORT OF PLANNING ACTION NO. 98-091 i. Section 1 of John Freedom's appeal. LDATE rCC '�O� 1"�i[� STAI A. Appellant' s issues are not approval standards. 1. Appellant 's references to pages 1 and 3 of the Site Design and Use Standards ( "SDUS" ) are not approval standards for development. a. "Many of the ideas presented here are suggestions or illustrations that are educational and informative. As the term handbook suggests, it is intended as a guide for use by home builders, developers, and community representatives in the pursuit of quality practices. The handbook also contains specific approval standards that will be used to guide land use decisions. While only the approval criteria have legal weight in a land use action, the entire document is a supporting document to the City' s comprehensive plan. " (SDUS, p. 1 ) 1 B. The ideas have been incorporated nonetheless. 1 . The development does incorporate the site's good qualities. a. This is established by the Record, and the applicant' s architect and landscape architect will present testimony to the Council on this issue. 2. Appellant fails to include the full citation regarding preservation of Ashland' s unique urban character. a. "in addition to a site analysis, you should be aware the City also has a number of regulations designed to protect the project' s neighbors from as many adverse effects of the project' s development and use as possible. These regulations, along with the discretionary and public process of the site review, are designed to preserve Ashland' s unique urban character, and enhance the City' s beauty. " (SDUS, p. 3 ) 2 ( 1 ) As the full citation makes clear, there are discrete regulations that serve as approval criteria, not the general guidelines of the handbook. (2 ) The public process is working as the public has been afforded the opportunity to appeal the Planning Commission' s decision to the City Council. 3. Again, appellants fail to provide the full citation. a. "Trees, shrubs, and living ground cover provide shade and shelter, aid in energy conservation and moderate the local climate in developed areas. Plants eliminate pollutants from the air we breath and maintain physical health and mental equilibrium by fulfilling an instinctive need for contact with the natural environment. " (SDUS, p. 3 ) 3 ( 1 ) The project does provide trees, shrubs, and living ground cover. There will be an abundance of plants associated with the project. (2) There is nothing in the Functional Landscaping Guidelines that requires, mandates, or suggests that existing trees are required to satisfy this function. ii. Section II of Freedom' s appeal. A. The approval standards and policies are met. 1 . The first 5 points raised by appellant seek to use the introduction to the approval standards for commercial development as an approval standard itself. a. As the introduction makes clear, the goals and purposes of commercial development are met by compliance with the subsequent approval criteria. The introduction is not in itself an approval criterion. 4 b. "The alternative desired in Ashland is to design the site so that it makes a positive contribution to the streetscape and enhances pedestrian and bicycle traffic. This is accomplished through the following 3-level review process. The following development standards apply to manufacturing and commercial zones. Their application depends on what area of the City the property is located. Generally speaking, areas that are visible from highly travelled arterial streets, and that are in the historic district, are held to a higher development standard in projects that are in industrial parks. This difference is detailed by the maps which delineate a detail site review zone. Properties outside the zone only have to comply with basic site review standards, while projects in the zone have to comply with both basic and detail site review standards. " (SDUS, p. 17) 2. Actual approval standards. a. Section II-C-lc Landscaping. 5 ( 1 ) Section II-C-lc( 1 ) requires that landscaping shall be designed for 50% coverage after one year and 90% coverage after five years. (a) The proposed landscaping plan will meet this requirement. i) This is established by the Record, and the applicant's architect and landscape architect will present testimony to the Council on this issue. (b) There is not a requirement that the landscaping equal previous existing trees. (2) Section II-C-lc(2 ) requires that the landscaping design use a variety of low water deciduous and evergreen trees and shrubs and flower plant species. (a) The proposed landscaping plan will meet this requirement. 6 i ) This is established by the Record, and the applicant's architect and landscape architect will present testimony to the Council on this issue. (b) The fact that some evergreen trees will be removed does not change the fact that a variety of low water deciduous and evergreen trees and shrubs and flowering plant species will be used. (3 ) Section II-C-lc( 5 ) requires that efforts shall be made to save as many existing healthy trees and shrubs on the site as possible. (a) This is established by the Record, and the applicant' s architect and landscape architect will present testimony to the Council on this issue. 7 (b) After initial hearing the plans were reconfigured to save the existing large cedar tree at the rear of the property. i ) This is established by the Record, and the applicant' s architect and landscape architect will present testimony to the Council on this issue. (c) The Tree Commission approved the resubmitted plan. (d) The plan calls for putting in numerous large caliper trees as mitigation for loss of some of the existing trees. i) This is established by the Record, and the applicant' s architect and landscape architect will present testimony to the Council on this issue. 8 (e) The City' s Site Design and Use Standards strive to balance building design and site design requirements with the reasonable retention of the site' s significant natural features. i) The applicant has saved as many existing trees as possible. ii) The applicant explored the option of relocating the existing trees to another site. iii) The applicant has agreed to put in large caliper trees to mitigate the loss of some existing trees. iv) The applicant has reconfigured the plans to save the large existing cedar tree in the rear of the property. 9 V) The loss of some existing trees is necessary to achieve the square footage necessary for commercial viability. a) This is established by the Record, and the applicant' s architect and landscape architect will present testimony to the Council on this issue. vi) Overall, the proposed development strikes a reasonable balance between the building and site design requirements and retention of the site' s significant natural features. (4) Development must also comply with the detail site review of Section II-C-2. 10 (a) This is established by the Record, and the applicant' s architect will provide testimony to the Council describing how building frontages have offsets, jogs or other distinctive changes in the building' s facade. (b) The applicant's architect will provide testimony to the Council describing how the building incorporates lighting and changes in mass, surface or finish to give emphasis to entrances. (c) The most recent design has slightly modified the building entrances in order to create a better sense of entry and to distinguish the entrances from the adjacent window areas. The project architect has proposed that the entrances be recessed back approximately 24 inches. A wider and deeper awning covering will be installed above the two entrances, and columns will 11 be incorporated within the facade to the side of each pair of doors. 3. No procedural irregularity occurred. a. Appellant alleges that undue influence by a biased Commissioner may have occurred because a Commissioner arrived late and missed the normal opportunity to declare any actual or potential conflicts of interest. b. Appellant does not allege which Commissioner was late, what actual or potential of conflict existed that should have been declared, or how the procedure was subjected to undue influence by any biased Commissioner. C. Whether or not the Commissioner missed the usual opportunity for declaring a conflict, any Commissioner could certainly declare any actual or potential conflict at any time during the proceeding. 12 III. Conclusion. A. The majority of the issues raised by appellant do not involve actual approval standards, but are merely guidelines and suggestions. 1. The guidelines and suggestions, however, are also met by the proposed development. B. The application satisfies all of the actual approval criteria. C. The applicants respectfully request that the City Council affirm the decision of the Planning Commission. DATED this 5th day of January, 1999. HORNECKER, COWLING, HASSEN & HEYSELL, L.L.P. By: Jo R. Hassen Will F. Wilson Attorneys for Applicant (CLIENT\JMSM\�.MEM)1/5/991. 13 1 : 1 � t�l �1a I a, l Ili(... <<. -• t Al � I !d "y :�•.l FBI • 1 l a �C�a1 1 1 ! r t4 t t AV i ��Jfp• i i fill. � :����� �`�,a:tl.��yr.� %_ r.�r�M,ry, �ws .:, :t"t . t .. 4� j y.� �' ...�e 'I . ��' • 'i '`' et'�° ` * :�� f- y'� � �jyb'lt�.+�y�� i � E} II I. y: � lII1 'i�� ;, I �i .l: f I� .a.ii.i�Y - r ., :,�,i. . s �- ,.t • , ` ,����YY! • .�I�li x .� .s^+ ` .-_.� � 1 +. t` t� � 2• �..'. ��.LK��-.r . r � 1. ' ` � ` r'�� .� 'r ' !�:�' � � r ry � q x j a a { J. 1 a 1 O 41• �. C a rm rm a . • Z � J p I } Mg��F MMMy i r C i j ,'t 4Y A T a 1 ' December 22, 1998 (� EDF �s� 11L1L�V'....,_, uSu --------------------------:: Ashland City Council C(O Ashland City Administrator's Office 20 East main St. Ashland, OR 97520 � ' I 5 � o� �' kL CJ � Dear Members of the Council; As I will be out of town for the next Council meeting, I am writing to express my support for the appeal filed against the Hillside Inn redevelopment. It would be a terrible loss to this community to lose such magnificent trees. They are assets that can never be reclaimed in our lifetimes. Since I was not present for the Planning Commission action, the basis for my comments comes from what was reported in the Tidings article about the appeal. Given the information there, it is my understanding that earlier redevelopment proposals (renovation) were rejected because of having to reapply for the site's conditional-use permit and the possibility of losing the Siskiyou Boulevard entrance. Was it ever considered to go back to the Jansen's original redevelopment plans and explore waiving the conditional use and(or potential boulevard access changes? It seems as though these would be relatively small concessions in light of the loss of these trees. Through Mr. Freedom's appeal we have the opportunity to ask not if these trees can be saved, but how, and I ask you to please consider all options (or to create new ones) as you deliberate the Planning Commission's decision. Sincerely, r Lo Pamela Lott 1332 Millpond Rd. Ashland, OR 97520 DAVID FINE 50 Third Street City Councilor — Area Code 541 — P.O. Box 66 Telephone(evenings, please): 482.7735 Ashland, Oregon 97520 City of Ashland Fax:488-1923 Office:488-1458 E-Mall:OREGONLAW @BIGFOOT.COM _ http://www.ashlandweb.com/oregonlaw My ref.: §244.120(2)(a)Declaration - Your ref.: Council Meeting Minutes,05 Jan 1999 03 January 1999, 1239-L e-mail file attachment Ms. Barbara Christensen, Recorder Ashland City Hall 20 East Main Street Ashland, Oregon 97520 Dear Barbara: I write to ask that you include the following declaration in the minutes of the Council Meeting to be held on 05 January 1999. Oregon law requires that I make this declaration at the meeting, and also that the minutes include both the fact that I made such a declaration andthe reasons I gave for so doing. The declaration relates to the quasi-judicial land use matter on the agenda. "My home is located about three blocks southwest of the land in question. Therefore it is at least within the realm of possibility that the Council's action in this matter either could be to my pecuniary detriment or to my pecuniary benefit—although I really couldn't even begin to guess which outcome in this appeal might be more likely to produce either result. In any event, and in compliance with ORS §§244.010(7)(b) and 244.120(2)(a), I announce that this situation exists. I new shall proceed to hear and determine this appeal along vvith all other Members of this Council." Thank you in advance for including this declaration in the minutes, verbatim. Yours truly, i J. David Fine cc: Mayor Shaw City Administrator City Attorney Confirmation copy by first class mail. !Fran Berteau -Hillside Inn � .r _ _ _ _ Page_1 E From: Pauline Black <pjblack @netscape.net> To: Ashland.Main(Fran) Date: 1/5199 2:51 PM Subject: Hillside Inn Fran,thanks for distributing this. Pauline Mayor Shaw and City Council Members: We live above the Hillside Inn on Pinecrest Terrace. Since we take Walker every time we leave or return to our house, we pass the Hillside Inn at least twice daily. We have always admired the large trees on the corner, the generally green aspect of the Inn's property and the quaint little office. So many properties along Siskiyou are a combination of square-box architecture and asphalt. Hillside Inn is a very pleasant island in an otherwise rather unattractive area. We hope that the City Council will encourage the owners of the Hillside Inn to pursue an option which will preserve the beauty of this location. Thank you for your interest in our input. If you would like to talk to us directly,we can be reached at: 552-1003 or 974 Pinecrest Terrace or pjblack@netscape.net Pauline Black and Edwin Johnson More than just email--Get your FREE Netscape WebMail account today at hftp:/Ihome.netscape.com/netcenter/mail (-,2)1J\AC YV 2 'Ob L�o��d boy 1 ;�e io + r� t � �� � �, e ►g?G de 0-)0, C'vo-m [ C- 6ew-1� robin a � O d H .STAFF -- -114 - - ---- ------------- - 5° - --- -- - - . Barbara Christensen - P0TC6N-1.WPD Page 1 My ref.: §244.120(2)(a) Declaration Your ref.: Council Meeting Minutes, 05 Jan 1999 03 January 1999, 1239-L e-mail file attachment Ms. Barbara Christensen, Recorder Ashland City Hall 20 East Main Street Ashland, Oregon 97520 Dear Barbara: I write to ask that you include the following declaration in the minutes of the Council Meeting to be held on 05 January 1999. Oregon law requires that I make this declaration at the meeting, and also that the minutes include both the fact that I made such a declaration and the reasons I gave for so doing. The declaration relates to the quasi-judicial land use matter on the agenda. "My home is located about three blocks southwest of the land in question. Therefore it is at least within the realm of possibility that the Council's action in this matter either could be to my pecuniary detriment or to my pecuniary benefit - although I really couldn't even begin to guess which outcome in this appeal might be more likely to produce either result. In any event, and in compliance with ORS §§244.010(7)(b) and 244.120(2)(a), I announce that this situation exists. I now shall proceed to hear and determine this appeal along with all other Members of this Council." Thank you in advance for including this declaration in the minutes, verbatim. Yours truly, J. David Fine cc: Mayor Shaw City Administrator City Attorney Confirmation copy by first class mail. Council Communication Department of Community Development Planning Division January 5, 1999 Submitted by: John McLauehli Approved by: Mike Freeman Title: PLANNING ACTION 98-091, a request for a Site Review to demolish the existing hotel and construct a 10,901 sq. ft. retail building, and convert the existing 24 hotel units to studio apartments for the property located at 1520 Siskiyou Boulevard. APPLICANT: Alex Jansen This is an appeal of a Planning Commission decision approving the request, filed by John Freedom on behalf of multiple petitioners. Synopsis: On October 13, 1998, the Ashland Planning Commission approved the site review request filed by the applicant to demolish the older portions of the existing Hillside Inn motel and replace it with a new retail building. The findings supporting that decision were adopted by the Commission on October 28, 1998. A timely appeal was filed by Mr. John Freedom on November 12, 1998 on behalf of multiple petitioners. The key issue raised in the appeal appears to be the removal of the several large trees located on the site to allow for the construction of the new retail building. Recommendation: The decision of the Planning Commission to approve the request is well documented through the minutes and findings. The issues raised by the Staff were outlined in the previous staff reports and addressed by the applicant. Land use appeals are heard by the Council de novo, and the decision is based upon all information in the record and testimony presented during the public hearing. The Council's decision shall be to approve, approve with conditions, or deny the request as submitted. Background Information: The record for the planning action is attached, including all submittals by the applicant, staff reports, minutes of the two public hearings, written information submitted during the public hearings, and the findings approving the request. S CONTENTS OF RECORD FOR PLANNING ACTION 98-091 REQUEST FOR A SITE REVIEW TO DEMOLISH THE EXISTING HOTEL AND CONSTRUCT A 109901 SQUARE FOOT RETAIL BUILDING, AND CONVERT THE EXISTING 24 HOTEL UNITS TO STUDIO APARTMENTS FOR THE PROPERTY LOCATED AT 1520 SISKIYOU BOULEVARD. COMPREHENSIVE PLAN DESIGNATION: COMMERCIAL; ZONING: C-1; ASSESSOR'S MAP #: 39 1E 15 BA; TAX LOT: 4600. APPLICANT: ALEX JANSEN • Public Hearing Notice Map for Council Hearing scheduled for January 5, 1999 . . . . . . . 1 • Affidavit of Mailing dated December 16, 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 • Mailing List . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-4 • Site Review Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 • Letter from Leo Jansen dated November 24, 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 • Receipt for Council appeal filed November 12, 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 • Letter from John Freedom dated November 11, 1998 with petitioner's signatures . . 8-16 • Findings of Fact dated October 13, 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-21 • Minutes of the October 13, 1998 Planning Commission meeting . . . . . . . . . . . . . . . 22-25 • Letter from Ralph LePre dated October 19, 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 • Testimony Request from Ralph LePre . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 • Letter from John Freedom dated October 16, 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 • Planning Department Staff Report Addendum dated October 13, 1998 . . . . . . . . . . 30-35 • Tree Commission Review dated October 8, 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 • Site Plans and Elevations submitted by the applicant . . . . . . . . . . . . . . . . . . . . . . . . 37-39 • Letter from TID dated September 28, 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 • Letter from Jack and Judith Brown dated September 23, 1998 . . . . . . . . . . . . . . . . . . . . 41 • Letter from Ralph LePre dated September 15, 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 • Supplemental Information submitted by the applicant dated October 10, 1998 . . . . 43-52 • Minutes of the September 8, 1998 Planning Commission meeting . . . . . . . . . . . . . . 53-57 • Planning Department Staff Report dated September 8, 1998 . . . . . . . . . . . . . . . . . . 58-66 • Affidavit of Mailing dated August 19, 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 • Public Hearing Notice of Planning Commission meeting scheduled for September 8, 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 • Site Review Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 • Tree Commission Review dated September 3, 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 • Elevations and Site Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71-73 • Planning Action notice not received . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 • Landscape Plan dated August 11, 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 • Elevations and Site Plan dated August 7, 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76-77 • Planning Application for PA98-091 dated August 7, 1998 . . . . . . . . . . . . . . . . . . . . 78-79 • Site Plan dated August 7, 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 • Elevations dated August 7, 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 • Summary of Proposed Improvements dated August 7, 1998 . . . . . . . . . . . . . . . . . . 82-88 Notice is hereby given that a PUBLIC HEARING on the following A copy of the application,all documents and evidence relied upon by the applicant and request with respect to the ASHLAND LAND USE ORDINANCE will applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. A copy of the Staff Report will be available for be held before the ASHLAND CITY COUNCIL on January 5, 1999 inspection seven days prior to the hearing and will be provided at reasonable cost, if at 7:00 p.m. at the ASHLAND CIVIC CENTER, 1175 East Main requested. All materials are available at the Ashland Planning Department.City Hall, Street, Ashland, Oregon. 20 East Main Street,Ashland,Oregon 97520. During the Public Hearing, the Mayor shall allow testimony from the applicant and The ordinance criteria applicable to this application are attached to this notice. Oregon those in attendance concerning this request. The Mayor shall have the right to limit law states that failure to raise an objection concerning this application,either in person the length of testimony and require that comments be restricted to the applicable or by letter,or failure to provide sufficient specificity to afford the decision maker an criteria. Unless there is a continuance, if a participant so requests before the opportunity to respond to the issue, precludes your right of appeal to the Land Use conclusion of the hearing,the record shall remain open for at least seven days after Board of Appeals(LUBA)an that issue. Failure to specify which ordinance criterion the hearing. If you have questions or comments concerning this request,please feel the objection is based an also precludes your right of appeal to LUBA on that criterion. free to contact Susan Yates at the Ashland Planning Department,City Hall,at 552- 2041. SCHIll k EIJI HIM wr.lr— CMLM °a �l v..ml 0® -� 1�n —1 • c a1x t-sm Q 0 vaa' ,- \' mnwawsarr HILLSIDE INN n w w mean YIE LOCRIDN ,I taut -towt v _ ` , . •� m n1 Proposed 10,901 sq. ft. \ Building p Qatr-ern v - n-- . t • w w c 6 i t a ip101G C_i v.v ` • w tl _� ,r rw••ew••�•.... , Y Yt p t w •r •r i w a� • a i _ _ rro a i ,M w,aa wm Conversion of 24 motel units to studio apartments j PLANNING ACTION 98-091 is a request for a Site Review to demolish the existing hotel and construct a 10,901 square foot retail building, and convert the existing 24 hotel units to studio apartments for the property located at 1520 Siskiyou Boulevard. Comprehensive Plan Designation: Commercial; Zoning: C-1; Assessor's Map #: 39 1 15 BA; Tax Lot: 4600. APPLICANT: Alex Jansen + f AFFIDAVIT OF MAILING STATE OF OREGON ) County of Jackson 1 The undersigned being first duly sworn states that: 1 . I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On December 16 , 1998, 1 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for Planning Action # 98-091 SIGNED AND SWORN TO before me this 16th day of December , 1998. fitamm t«..., OFFICIAL SEAL -j S NOTARY N AK*ORH 2' NOTARY ?UDLIC • OREGPJPi Notary blic for State of Ore on COMMISSION NO. 310793 `i M Commission Expires: . PAY L9PAPAISM11 WRIS APRit f.2CR2 i. y John Klein Mira & John Freedom 1000 Walker Ave . 150 Nursery St . Ashland, OR 97520 Ashland, OR 97520 Bram & Gaelyn Larrick Gabriel Isa Madrone 300 Sheridan St . P.O. Box 114 Ashland, OR 97520 Ashland, OR 97520 Leo Jansen Noel Chatroux 2980 Marigold Lane 75 Nursery St . Medford, OR 97504 Ashland, OR 97520 Alex Jansen Maude Metcalf 2901 N.W. Front Ave . , Ste. D 288 Harrison St . Portland, OR 97210 Ashland, OR 97520 Tax 1 of :9:L E:1.°,BA 46010 Tax 1 of 39 J E 1 5BA 4400 JANSEN LEO J TRUSTEE FBC' HULL._ LEO J 1520 SISKIYOU BLVD 1235 N MOUNTAIN AVE #1 ASHLAND OR 971520 ASHLAhD:? OR 97520 Tax:l. ot. 391E 1.5BA 440.1', Taxlot. 39 1.1 :1.P::on 51.00 REIL. HON/LINDA ORE:lliON 'S4ATE: OF 15WO SISKIYOU BLVD Debbie Tims , District Prog Spe• . ASHLAND OR 97520 200 Antelope rd. '.?I White City, OR 97503-1673 Tax l ot'. 391EI59A 4.`.50C PI . - "I"ray;: .ot 19at•--',ti:,1-1 F'. 4601 GRACE: EVANGE:a__.ICAL.. LUTHERAN BUTCHER ALBERT TRUSTEE 660 FRANC:E_::, LANE 1633 r_I E DR ASHLAND OR 97520 LOS AL..TO1S CA 940V Taxaot 391E:1_5DA 015 T;:axiot. ':VIE150A 100 MEISTER RICHAED J MEISTE'R ' S BUY RITE: I.NC 1777 CREST'v IEW DI'' 1505 SISKIYOU BLVD ASHLAND OR 97520 ASHLAND OR 97520 0 Tax1ot. 391E151A 10CJ.1 1'r.,.; :1 ;_,t:. 5910 508 %01-1 HAYS ROBERT W DALE RUSSELL P 0 BOX 1220 555 Fd....l_.ISON Sl ME:DF'ORD OR 97501 ASHLAND OR 0150A A T ax I nt 39 I E 1 `.AD 840C.,.) Tt:a i i 1 ,ii'+ I t mw 850116 6 FIRST PRESBYTERIAN SBYTERIAN CH/ASH � FIR 1 IRE ,l ' l" Ii N C:H bi ASHLAND OR 97520 ASHL.H,P . OR 975:1:1;1 + f s 0 H 0 rn wa g C 2 3 o • ro N N C moro .0 N N .r N H 21 N W 7 C CT h 7 � fn .i a N ' %0 A xoa U rn .i ro -zi- ro trim ro � x � ° o o cyo 0 N N N N > N 4-) (N En 4J Ln C� r H tn U) r C (!� r ., r- 01 rA °' r morn N rorn aro o m Ix 0x0 ° 0 umo rAo s+ xo m (D N -.i H +) x W U! rw `� mro oHro a � ro ci ra room c°iam U � m CNH H r-I .i d' r1 rri U ro alm4 70 � H � � xo .0 104 .0 �-I U! ro .-i co N I- N / ro io N U1 N iQ W 00 < w a N �Q SITE REVIEW 18.72.070 Criteria for Approval. The following criteria shall be used to approve or deny an application 3 4 I'll:All applicabWCity,'#dinances have been meteor"will be met by.,the" "` 5 t , proposed development { R4 B` 'n 4dAll_regwrements,of'the,Stey�Review Chapter havezbeenbmet`orrwill be ' "r'� • S �Y; r, !Y� .. ,7. C TFie development complies;'with the Site Design'Standards'adopted by .:`the City Council for implementation of this Chapter: D. "That.adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban_ storm drainage, and adequate transpartation•cam and,will be provided to and through the�- subject property; -(Ord. 2655 1991)' a+'4.� i J '` +IL.0•m'+ fl '^[44c„. +• `L R F/ L� t . . v� 'v r S S 4 ww t r '' 1 }. �- )) b!L' �h.� , ":� f t-. F ,� r 1 } � ,. tr J r it f 4'.'..YY`Sr {. r p .« t y r t) t �i54'i a{� r Mt r r 4 ' � 1 5 r11 ' Y ' 3# It -,rtia„1• `Iri p° ,E' r 4 i ,' ' r ` r'rt! 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St � 1,1 d.K� JZ• � 4T ' t ° ? r�'+l h� r �{tt:. `' ' � iJ Y .:. a t / �� ,�hk 4t VCS L 44" { 1 4ac r'l HSY / nY .Y'.fjN ♦ tf% Y {aA . 041 ) ti 1 Ymil r, 1 ` If! p Yrih i ✓ �• h � n y rl 'L Rte✓ f > > of S ♦ - !+ 1 1 �•., r '. ,F i $ P S' t{it , t �} t Y9 ,y1 ( 41 ,,i,Pt A $ + t.' n t u•`' y Y!' �� .. t} r ) h � r} "M r4 , t l 3 t i 1 • s , 7 �3r 41 r k r 5 i f��'k r�v'w�.f! t"}''_ Nt"' �'��t' , � t� _r� �'• ' � �'- F y, � � H v' �� �u '._ .,_./.,.:..._...r.�._.a_a: .-.-Ja:�.-,.-*�.x�+.b:�..--�-.{,m....•.�.t..,`...w.{ ..!v�.+ti+._.... ....,«.v.f�.: .� .W-.:..e. ice.._.... r i,t ,.. a,... .n_.-.: r 7 u � � } c S LO �` J E o U U Z o o 0 z a 1 1 1 1 1 1 1 N LL a 0 0 I 7 E a �• iiiii- iii = iiiiii � E I I I I I I I ° 0 i l l l l l l CC a l l l l l l l l LL I I I I I I m 7 . r P.O.Box 868 Ashland,Oregon 97520 Telephone: (541)488-1016 E-mail: jmfreedom0sprintmail.com November 11, 1998 RE: Planning Action # 98-091 (Hillside Inn Redevelopment) NOV 121998 Mr. Mike Freeman City Administrator City of Ashland 20 East Main Street Ashland, Oregon 97520 Dear Mr. Freeman: Subject: Title 18, Chapter 18.108, Paragraph 18.108.110, City of Ashland The City of Ashland Site Design and Use Standards, while referred to as a handbook, is intended as a guide for use by developers in the pursuit of quality development practices. It contains specific approval criteria, which have legal weight, and is a supporting document to the City's Comprehensive Plan. The proposed redevelopment of the Hillside Inn is not a complete plan. It circumvents the spirit of the City's Site Design and Use Standards and its specific approval criteria. In this matter the Planning Commission was remiss in admonishing the property owner to adhere to and meet prescribed guidelines. This oversight, while not intentional and certainly without malice, has served to create the illusion that such behavior on the part of a developer is acceptable; and further, it has validated the assumptions created by the Hillside Inn developer which has established an unhealthy precedent for future development. Approval, at the planning stage that it was effected, was inappropriate, hurried and has not served the best interest of this community. Therefore and in light of the 10/13/98 resolution to approve the reference proposal, that the below signed, a resident of Ashland, residing at 150 Nursery Street, spoke before the Commission on that date, that said resolution was adopted on 10/27/98, and pursuant to the above reference, this appeal is submitted. The specific grounds upon which the aforementioned decision should be reversed are: A. The development proposal fails to meet the following criteria as set forth in the City's Site Design and Use Standards, dated 8/4/92: 1. Section I, Introduction. a. Analyze the Site, pages 1-3: 1) Page 2, "It is necessary to identify a site's good qualities and to incorporate them into the site plan..." Comment: The proposal fails to incorporate the "site's good qualities (existing trees) into the site plan." _ Page 2 Nov 121999 November 11, 1998 2) Page 3, "... discretionary and public process of the site review, are designed to preserve Ashland's unique urban character, and enhance the City's beauty." Comment: The process of review has failed at this point to "preserve" or to "enhance." The following is a compilation of questions and answers from the 10/13/98 hearing including comments of the petitioners Commissioner M. Briggs - Question: "Would it be possible to save the double trunk Cedar by moving the patio to the level of the parking area and removing a small corner of the building?" Property Owner - Answer: "... we tried to get some kind of idea of how much of the building we'd have to cut out in order to save the tree. And... we... uh... could get no one to really give us an absolute definite opinion about how far back we would have to be." Comment: This answer indicates a lack of research and preparation. The standard of the Landscape Industry is the "drip line". Commissioner M. Briggs - Question: "So if you held the building back to the drip line you couldn't do that? Property Owner - Answer. "... we could of course do that; but you're losing area of the building and I don't think we've got any kind of guarantee that that the tree is going to live..." Comment: Again, the drip line is the acceptable standard. City Planning Staff Member: "Originally there was a two-story footprint discussed by the developer; but it was not presented in the formal application." This member then went on to give all of the reasons why a two- story building would be best suited to the development. Commissioner A. Howe - Question: "... two-story plan... can you tell me what the thinking was that turned away from that design?" Property Owner -Answer: "Yeah I can. It's really a market driven decision... the design of a single story building is being driven by our prospective tenants... of national prominence... who will ultimately occupy the building." Comment: Who are the tenants of national prominence? What is the business that they bring to our city? Where are the leases/letters of intent to lease? What is the duration of the leases and options for renewal? Why is the City's appearance and character being determined by outsiders? b. Functional Landscaping, pages 3-4: 9 _ Page 3 NOV � 2, 1998 November 11, 1998 1) Page 3, "... Major gateways to the City and key travel routes through the City and its urbanized areas give a lasting impression to the visitor and resident alike. " Comment: This particular landscape, with its majestic trees, is one of the more beautiful and lush pieces of real estate within the City of Ashland and it is located directly on the City's Southern "Gateway." As residents we are disturbed by the lack of Ashland's character in the redevelopment design. 2) Page 3, "Trees... maintain physical health and mental equilibrium by fulfilling an instinctive need for contact with the natural environment." Comment: In our judgement the elimination of the trees in question will irrevocably alter the natural environment and disrupt the equilibrium of the community, particularly in that locale. 2. "Section II, Approval Standards and Policies". a. "C. Commercial... Development", pages 17-26. 1) Page 17, 1" paragraph, "Commercial... developments should have a positive impact upon the streetscape." Comment: The "streetscape" of Siskiyou Boulevard and Walker Avenue is the Southern Gateway to the City. While in close proximity to the "strip mall" architectural design of the other side of the Boulevard it, more than any other approach to the City, is a rural/suburban landscape that invites one to the center of town. The proposed redevelopment dramatically shifts that reality to one that is reflective of the Ashland Street/Highway 66 Corridor. 2) Page 17, 2nd paragraph, "... primary function (landscaping and site design) is to improve the project's appearance, enhance the visual and climatic impact..." Comment: Quote - Commissioner J. Fields. "It will take 25 years for the new trees to reestablish the corner." This is unacceptable given the appearance and design of the proposal. 3) Page 17, 3`d paragraph, "One area in which Ashland's commercial development differs from that seen in many other cities is the relationship between the street, buildings, parking areas, and landscaping." Comment: At some point in the past someone thought a great deal of the Ashland planning process. Given the decision to approve this project as it is, there doesn't appear to be any difference between Ashland's commercial development and that of many other cities. /4 _ Page 4 140Y 12 19984ovember 11, 1998 4) Page 17, 4t' paragraph, " The alternative desired in Ashland is to design the site so that it makes a positive contribution to the streetscape and enhances pedestrian and bicycle traffic." Comment: This project, rather than enhancing the community, is disruptive to it. It destroys mature landscape, interrupts the flow or the continuity from the South through the church's property, with its mature trees and spire, North to the University and further erodes the already sad appearance of the Ashland Street and Siskiyou Boulevard intersection. 5) Page 17, 5'" paragraph, "... areas that are visible from highly traveled arterial streets, ... are held to a higher development standard... projects in the Zone have to comply with both Basic and Detail Site Review Standards." Commissioner M. Briggs - Statement: "I had no idea about this two-story plan until we saw it tonight... I do remember last month asking could you make the footprint smaller... that was not satisfactorily answered." Comment: That not all members of the Commission knew of or where aware of the two-story design appears to "fly in the face" of the "higher development standard" notion; and it lends credence to the possibilities for saving the trees through creative architecture. 6) Page 18, "APPROVAL STANDARD: Development in all commercial and employment zones shall conform to the following development standards." a) "II-C-1. Basic Site Review Standards" (1) "II-C-1 c) Landscaping" - "1) ... shall be designed so that 50% coverage occurs after one year and 90% coverage occurs after 5 years." Commissioner J. Fields - Statement: "... it will take 25 years for the new trees to reestablish the corner." Comment: 25 years does not meet the directive for "90% coverage within 5 years". This is a specific approval criteria. - "2) ... use deciduous and evergreen trees..." Comment: Most of the evergreen trees will be eliminated. "5) Efforts shall be made to save as many existing healthy trees and shrubs on the site as possible." Commissioner M. Briggs - Statement: r _ Page 5 40V 1. 21998 November 11, 1998 "The applicant has not honored and respected these trees... They came back and didn't do any modifications (per 09/08/98 Planning Commission Meeting) to the proposal except change the caliper of the trees (new trees)." "... further under Title 18, Chapter 18.72, Paragraph 18.73.100, the commission has the power to require the retention of existing trees and other natural features." "Our staff writes (Planning Staff Report)... specifically concerned with the removal of some of the larger conifers 30 feet in height and greater around the perimeter of the site, including the evergreen adjacent to the Siskiyou Boulevard entrance; and the two tall Cedar trees nearest the intersection of Siskiyou Boulevard and walker Avenue." 7) Page 20, "Developments that are within the Detail Site Review Zone shall, in addition to complying with the standards for Basic site Review, conform to the following standards:" a) "II-C-2. Detail Site Review" (1) "II-C-2a) Orientation and Scale" (a) "2) Building frontages greater than 100 feet in length shall have offsets, jogs, or have other distinctive changes in the building fagade." Commissioner J. Fields - Statement: "... the design isn't there yet; but I'm willing to take the reach that they will make it come together..." (b) "4) Buildings shall incorporate lighting and changes in mass, surface or finish to give emphasis to entrances." Comment: None of the questions asked by either Commissioners M. Briggs or J. Fields were answered with any statement of fact regarding the preceding two items. The entire matter was left opened-ended. B. Procedural irregularity in the conduct of the public hearing, outlined in paragraph 18.108.100 Public Hearing Procedure, subparagraph B. 1. Subparagraph B States: "After the statement required by section 18.108.100.A is made, the commission members shall declare any actual or potential conflicts of interest..." Comment: One commissioner was late arriving at the hearing and was not afforded the opportunity to "declare any actual or potential conflicts of interest." The absence of the opportunity for the Commissioner to "declare" creates doubt as to 112,- _ Page 6 40u 1. 2 199November 11, 1998 the validity of the hearing vis-A-vis any undue influence that commissioner had upon the remaining members of the Commission during the course of the hearing. Respectfully, John Fre dom Enclosu (2) - List of Petitioners Appeal Fee/$250 Check "We will not let our state grow at the expense of our livability, especially when we're smart enough to have both." - Governor Kitzhaber /3 yy tTl Do ZIx I �• I N - I I hI F�•1 I I I I I _ � �'� I • Iq � Imo, I . I I I I I I I 1 I I �I( I`• I I I I I I I' Ib � •� f�. ;� 7 m ; rn I I I I I I 11 I I I I I I I I I I I I I I I I I I I I I I I I I I � I01 I I I I I I I I I I �.I I ♦� I I I I I I /1'1. I I I may F.y I I I I I I I I I I I I y/',1 I V I I I I I I I t 1 z r I I I I I I I I I I /`�1 `�-• I I I I I I I I I I I I I I I I I I I I I I I I f I I I I � I I � • I r' I I I I I I I I I I I I I I I I O I I I I I I I I I I I S I I I I I I I I I I I Ip I M1� I I I I I I I I I I V/ I M1 r ly I� Imo, 00 X ilk ;"l I i� ) (l pp I I I I I I I I I I{ qp LA I I I I IV� T r 1 tTl I I I i I I I IY I 1� V I I I I y I T I I k,-t- : . ^ I✓ xS! 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I I I I 1 1 I 1 I 1 l9 I 1 1 I I 1 1 1 1 I 1 I 1 1 1 I I I 1 1 I - I I I I 1 1 I I I a 1 I I 1 z 1 I 1 I I I I I 1 I I I 1 I z I I I I I I I I 1 I I I 1 I 1 I 1 I I I I I I I 1 I I 1 I 1 I I I I I I 1 1 I I I 1 I 1 I I I I I I I I I 1 I I I 1 I I I I I I 1 I 1 1 I I 1 1 I I 1 I I I I 1 S I 1 I I 1 I 1 I 1 I I I I 1 1 1 1 1 1 I I I I 1 r I I I I 1 I 1 1 1 1 I I 1 1 1 1 1 I O 1 I 1 1 I I I 1 I 1 1 I I I 1 I I 1 1 I 1 1 I I I I I 1 I I 1 1 1 I I I 1 yam, I 1 I 1 I 1 1 I I I I I 1 1 l.J 1 I I I 1 I I I I I I I 1 1 I I 1 1 1 I I 1 I I 1 0 1 I I I I I I I I 1 I I I I 1 I I I I I I I 1 1 I I I I I I I I I I I 1 I I I I I I I I 1 I I I I 1 1 ;.V mN I 1 1 1 I I I I I I � C f I I I I I I I I 1 1 I I I 1 I 1 I I 1 1 I I I 1 1 1 1 AMU 1 I I 1 I I I I I I I •x 1 I I I I I I I I I I I I I I 1 I 1 I I I I I I I I I 1 I I I I I I I I I I I I I 1 I I I 11� I 1 1 I I I I 1 I 1 1 I I 1 I I 1 I 1 I I 1 I 1 1 I I 1� yyy I I I 1 1 I I I 1 I 1 I I 1 1�1 1 I I I 1 1 1 I I I I I I 1 I I 1 1 I 1 I I 1 1 I 1 I I I I 1 I 1 1 I 1 I 1 I 1 I 1 1 1 I 1 I SJ.Of A5/7� City of Ashland Department of Community Development °REGO�:' Planning Division City Hall 20 East Main Street (541)488-5305 Ashland, Oregon 97520 fax (541)488-5311 October 28, 1998 RE: Planning Action H 98091 Dear Alex Jansen: At its meeting of October 13, 1998, the Ashland Planning Commission approved your request for a Site Review for the property located at 1520 Siskiyou Boulevard Assessor's Map N 39 1 E 15BA, Tax Lot(s) 2000. The findings, Conclusions and Orders document, adopted at the October 27, 1998 meeting, is enclosed. Please note the followin(circled items: 1. A final map prepared by a registered surveyor must be submitted within one year of the date of preliminary approval; otherwise, approval becomes invalid. 2. A final plan must be submitted within 18 months of the date of preliminary approval; otherwise, approval becomes invalid. /// 3.,. There is a 15 day appeal period which must elapse before a building permit may be issued. 4. All of the conditions imposed by the Planning Commission must be fully met before an occupancy permit may be issued. C5. Planning Commission approval is valid for a period of one year only, after which time a new application would have to be submitted. Please feel free to call me at 4885305 if you have any questions. Sincerely, / Bill Molnar Senior Planner cc: Property Owner, People Who Testified, People Who Submitted Letters / 7 BEFORE THE PLANNING COMMISSION October 13, 1998 IN THE MATTER OF PLANNING ACTION #98-091, REQUEST FOR SITE ) REVIEW TO DEMOLISH THE EXISTING HOTEL AND CONSTRUCT A 10,901 ) FINDINGS, SQUARE FOOT RETAIL BUILDING, AND CONVERT THE EXISTING 24 ) CONCLUSIONS HOTEL UNITS TO STUDIO APARTMENTS FOR THE PROPERTY LOCATED ) AND ORDERS AT 1520 SISKIYOU BOULEVARD. ) APPLICANT: ALEX JANSEN ) --------------------------------------------------------------------------------------------------------- RECITALS: 1) Tax lot 2000 of 391E 15 BA is located at 1520 Siskiyou Boulevard and is zoned C-1; Commercial. 2) The applicant is proposing to demolish the existing hotel and construct a 10,901 square foot retail building, and convert the existing 24 hotel units to studio apartments for the property located at 1520 Siskiyou Boulevard. Site improvements are outlined on the Site Plan and Elevations on file at the Department of Community Development. 3) The criteria for Site Review approval are as follows: A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. C. The development complies with the Site Design Standards adopted by the City Councilfor implementation of this Chapter. D. That adequate capacity of Cityfacilitiesfor water,sewer,paved access to and through the development,electricity, urban storm drainage,and adequate transportation can and will be provided to and through the subject property. 4) The Planning Commission, following proper public notice, held a Public Hearing on October 13, 1998, at which time testimony was received and exhibits were presented.The Planning Commission approved the application subject to conditions pertaining to the appropriate development of the site. Now, therefore, The Planning Commission of the City of Ashland finds, concludes and recommends as follows: SECTION 1. EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits,data, and testimony will be used. Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with a "P" Opponent's Exhibits, lettered with an "O" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M" SECTION 2. CONCLUSORY FINDINGS 2.1 The Planning Commission finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 2.2 The Planning Commission finds that the proposal to demolish the existing hotel and construct a 10,901 square foot retail building, and convert the existing 24 hotel units to studio apartments meets all applicable criteria for Site Review approval described in the Site Design and Use Chapter 18.72. 2.3 The Commission finds that all necessary public facilities are of adequate capacity and available to serve the project.City electric,water and sewer service exists on the property and can be upgraded to serve the commercial building. Additional trips generated by the project will use Siskiyou Boulevard and Walker Avenue to exist and enter the property. Siskiyou Boulevard and Walker Avenue, an arterial and collector respectively, have adequate capacity to serve the development. Further,the recent installation of a traffic signal at the intersection of Walker Avenue and Siskiyou Boulevard insures that all turning movements can be made at acceptable levels of service (LOS). 2.4 The Commission finds that the project is consistent with the City's adopted Site Design and Use Standards.The building will be constructed up along Siskiyou Boulevard with at least two main entrances oriented toward the street. In accordance with City standards,distinctive jogs and off-sets have been incorporated throughout the length of the structure, and scored concrete pavement will be used to highlight entrance locations and outdoor patio areas. 2.5 Numerous mature trees.are located on the site. Site Review Standard II-C-lc 5) states that "efforts shall be made to save as many existing healthy trees and shrubs on the site as possible." The City's Site Design and Use Standards strive to balance building design and site improvement requirements with the reasonable retention of the site's significant natural features. Given the extensive grading of the site, the Commission believes that the significant trees within close proximity to the building's footprint and outdoor patio areas may be significantly impacted. In order to mitigate the impacts of extensive tree removal, the Commission has required that several large stature trees be installed as indicated on the approved landscaping plan. SECTION 3. DECISION 17 3.1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that the proposal to demolish the existing hotel and construct a 10,901 square foot retail building, and convert the existing 24 hotel units to studio apartments is supported by evidence contained within the record. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action#98-091. Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever,then Planning Action#98-091 is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant be conditions of approval unless otherwise modified here. 2) That a revised site,size and species specific landscaping plan, incorporating the recommendations of the Ashland Tree Commission, be submitted for approval by the Staff Advisor prior to issuance of a building. All landscaping to be installed in accordance with the approved plan prior to issuance of a certificate of occupancy. 3) That recycling facilities be identified on the site plan prior at the time of issuance of a building permit and installed in accordance with 18.72.110 prior to the issuance of a certificate of occupancy. 4) That a revised landscaping plan be submitted including the following amendments:That street trees, 1 per 30 feet of street frontage and 4 inches in caliper be installed along Siskiyou Boulevard and Walker Avenue prior to the issuance of a certificate of occupancy. Street trees along Siskiyou Boulevard shall be located behind the sidewalk and any sidewalk cuts be covered by permeable hard surfaces such as pavers or grates and be irrigated. All street trees shall be chosen from the adopted Street Tree List and shall be installed in accordance with the specifications noted in Section E of the Site Design and Use Standards and incorporate root barriers if applicable. 5) That bicycle parking be installed in accordance with the design provisions in chapter 18.92 prior to the issuance of a certificate of occupancy. Final location and rack design to be submitted for review and approval at the time of submission for a building permit. 6) That electric load data and meter location be provided for review and approval by the Electric Department prior to the issuance of a building permit. 7) That the location and final engineering for all storm drainage improvements associated with the project be included as part of Building Permit submission for review and approval by the Planning and Engineering Divisions. 8) That all requirements of the Ashland Fire Department be complied with prior to the issuance of a certificate of occupancy, including but not limited to the installation of a security key lock system. 9) That the driveway along Walker Avenue be shifted to within five feet of the southerly property line. This modification including landscaping to be reflected on a revised site plan and be reviewed and approved by the Staff Advisor prior to the issuance of a building permit. as 1 10) That temporary fencing be installed around the drip line of all trees noted to be saved on the submitted plans prior to any site preparation (i.e. grading), storage of materials or the use of construction vehicles on the property. 11) That the following measures be incorporated during the project's development to ensure the health of mature trees to be preserved: a. A limitation on the amount of fill within the dripline. Fill to consist of a sandy composition, rather than clay, to enhance drainage. b. Cuts within the dripline being kept to a minimum. C. No fill to be placed around the trunk/crown root. 12) That any violation of the condition noted above caused by the applicant,property owner or general contractor, resulting in the death of a tree within two years, requires that the dead tree be replaced by a comparable tree (2" in caliper) that will grow to a comparable maximum height with a similar canopy spread. 13) That 10 percent of the residential units shall be affordable for moderate income persons in accord with the standards established by resolution of the Ashland City Council. 14) That pedestrian-scaled lights no greater than 14 feet in height, or functional equivalent, be installed adjacent to the sidewalk along Siskiyou Boulevard and Walker Avenue at regular intervals prior to the issuance of a certificate of occupancy. 15) That construction details for proposed seating/benches, transit shelter, retaining walls and covered bicycle structures be provided for review and approval at the time of issuance of a building permit. 16) That the area defined for installation of interlocking pavers (adjacent to the cedar tree) be expanded by approximately 8'to 10'to include the tree's entire drip line and beyond.This modification to be included on the site plan at the time of issuance of a building permit. 17) That the site plan be amended, prior to the issuance of a building permit,to include 1,090 square feet of"public space" as noted under Site Design Standard II-C-3b (1), excluding walkway area. /0- 27-9F 'Planning Cornmissionk-pllioval Date ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES OCTOBER 13, 1998 CALL TO ORDER The meeting was called to order by Chairman Steve Armitage at 7:05 p.m. Other Commissioners present were Russ Chapman, Chris Hearn, Alex Amarotico, Mike Morris, Marilyn Briggs, Mike Gardiner, and Anna Howe. Staff present were John McLaughlin, Bill Molnar, Mark Knox, Maria Harris and Susan Yates. Armitage introduced Alex Amarotico, the newest Commissioner who has taken Ron Bass' place. APPROVAL OF MINUTES AND FINDINGS Briggs said page 4, paragraph 2, "Richardson said there would be no'fiat' roof..."should read "...no 'metal' roof. Howe moved to approve as corrected, Chapman seconded and the minutes of the September 8, 1998 meeting were approved. PUBLIC FORUM - No one came forth to speak. Changes to agenda: PA98-106 has been postponed. PA98-109 will be heard before PA98-105. McLaughlin announced there will be a public hearing before the Planning Commission regarding the Transportation Plan on October 27, 1998 at 7:00 p.m. at the Council Chambers. TYPE II PUBLIC HEARING PLANNING ACTION 98-091 REQUEST FOR A SITE REVIEW TO DEMOLISH THE EXISTING HOTEL AND CONSTRUCT A 10,901 SQUARE FOOT RETAIL BUILDING,AND CONVERT THE EXISTING 24 HOTEL UNITS TO STUDIO APARTMENTS FOR THE PROPERTY AT 1520 SISKIYOU BOULEVARD APPLICANT: ALEX JANSEN Site Visits and Ex Parte Contacts Previous site visits were made by Fields, Chapman, HeaRn and Morris. Briggs, Gardiner, Howe and Armitage had current site visits. Amarotico abstained. STAFF REPORT Molnar reported the applicant has supplied an addendum to their application addressing several items from the last meeting. The Planning Commission suggested removing trees and installing several large caliper trees (6"dbh). The applicants have submitted a revised landscaping plan. They are proposing installing eight, four inch caliper red oak trees throughout the site, situated at the rear of the structure, close to the entrance and along Siskiyou Boulevard. An additional retaining wall has been introduced alongside the driveway entrance off Siskiyou Boulevard enabling the existing red maple and cedar trees to be retained. The revised plan shows the driveway location has been pushed further up Walker but it appears they could push it another five feet. A2 The applicant has increased the public space. The revised plan shows 1,015 sq. ft. provided which does not include the walkways. If the Planning Commission agrees that it should not include the walkways, that is a minor issue. There is an existing large cedar tree behind the structure off the parking lot. There have been some revisions to the plan in order to reduce the impervious surface in the dripline of the tree by introducing pavers. Staff felt the paver area should be expanded to include the entire dripline. The applicant has highlighted the building entrances by recessing the windows and using a wider and deeper awning above the entrances and a narrower awning over the window areas as well as incorporating columns adjacent to the double door entrances. Molnar suggested Condition 4, dealing with the revised landscaping plan. The street trees along Siskiyou be four inch caliper. The Tree Commission recommended not having the vine maples four inch caliper. Include street trees at four inch caliper with the exception of the vine maples. Strike the second sentence of the Condition. Go on to say: "Street trees along Siskiyou Boulevard shall be located within the sidewalk and planted in the ground." On Walker, it would be as stated in the first sentence--behind the sidewalk. Howe does not see any plans for planting while moving the driveway up Walker. Molnar said there should be some obligation to replace plants. Molnar noted the two letters in the packet that were submitted. Molnar received a letter from Mr. and Mrs. Peter VanFleet. They have purchased a new historic property in Talent and could be interested in taking any mature trees from the applicant if it would work. PUBLIC HEARING DAVE RICHARDSON. project architect, 1105 Siskiyou Boulevard ALEXJANSEN LEO JANSEN JOHN GALBRAITH, landscape architect. 815 E. Jackson Richardson said they overlooked providing the square footage of the public space and the extra 65 square feet can be added. Moving the driveway five more feet can probably be done as well but that will require a retaining wall. Briggs said there is a double trunked cedar tree where there is a proposed patio off Walker. Could the cedar be saved if the patio were on the level of the parking and cut a corner of the building out to ' accommodate the cedar? Richardson said the patio is down about six feet from grade. He could not get an opinion from anyone on how far back the building would have to be cut to save the tree. Briggs wondered if they could hold the building back to the dripline? Richardson said yes, but it is still no guarantee the tree will survive. Galbraith said the four inch tree will look good initially but will not grow as fast. A smaller caliper tree will grow faster. The Tree Commission agreed. He agreed to re-planting at the Walker entrance. Fields wondered if all the planters on Siskiyou are at grade. Richardson said yes, however, there will be some slope because the road slopes but they will be at grade. ASHLAND PLANNING COMMISSION 2 REGULAR MEETING MINUTES OCTOBER 13,1998 a3 Fields wondered what light fixtures they would use. Richardson said they would be placed out by the sidewalk. Molnar said an appropriate design will need to be discussed internally since this will establish a pattern on Siskiyou. C Howe asked Richardson if he is agreeable to extending the rear permeable surface around the tree. Richardson agreed. RALPH LEPRE, 2605 Ashland St, #631, is opposed to this project. The cedar is majestic. Site review says as many healthy trees need to be saved as possible . The Planning Commission has the power to require retention of the existing trees. This is a major intersection into town. The large trees anchor the property. LePre put a sketch up on board. He does not buy the fact that there should not be a two-story building.. The original plan encompassed everything. He wants the trees saved. JOHN FREEDOM, 150 Nursery, drove by the site today and looked at the trees. It is a shame to bulldoze the trees. He gathers there is no clear policy in the City of Ashland regarding the management of old trees. It would seem if there had been discussion, the building design would have taken into consideration the trees. Before approving the plan, they ought to see what the possibilities are of maintaining the health of the trees on this site. He agreed with the comments of the previous speaker. We should avail ourselves of other opinions before deciding the fate of the trees. Staff Response Molnar met several times with the applicant and there was originally a two-story footprint proposed. Rebuttal Howe said the two-story plan addresses a lot of the problems the Commission is having with retaining the trees. What was thinking that turned you away from this plan? JANSEN said the first approach was to save the trees and try a two-story concept. They have done their homework for the last six months and the design of the single story building is being driven by prospective tenants. They found it would be more difficult to find tenants to rent a two-story design. COMMISSIONERS' DISCUSSION AND MOTION Howe moved approval of PA98-091 with the recommendations of Staff with the following modifications: That a requirement be included that the public open space for the commercial property be brought up to the 1,090 square foot level. Condition 4, the second sentence should read: Street trees along Siskiyou Boulevard shall be located behind the sidewalk and any sidewalk cuts be covered by permeable hard surfaces...(continue sentence). Condition 9 read: This modification including landscaping be reflected on the revised site plan. Chapman seconded the motion. Briggs feels the applicants have not honored and respected the magnificent trees. They did not bring any modifications except change the calipers of the trees. She referred to page 3 of the Staff Report where it refers to the trees and efforts be made to save as many healthy trees as possible. Howe said the applicants have tried to mitigate the removal of these trees by installing larger than required trees. She respects the applicants desire for market driven spaces. Chapman believes the Jansens have been such responsible caretakers of this property and to say now that there are changing market conditions and it will no longer be beautiful is something he cannot accept. ASHLAND PLANNING COMMISSION 3 REGULAR MEETING MINUTES OCTOBER 13,1998 He trusts the applicants will continue to care take. Fields sympathizes with the applicant. It is a terribly difficult site to develop with removal of buildings and landscaping and he believes there has been a lot of thought that has gone into this project. The details of the elevations have not been worked out so it is important to have the building work but he is willing to take the reach that they will make it come together. The motion carried with Gardiner and Briggs voting "no". Amarotico abstained. TYPE III PLANNING ACTION PLANNING ACTION 98-109 LOCAL STREET STANDARDS The basis for the street design standards is traditional neighborhood design. It is a blend of land uses arranged in manner so that travel by walking, bicycling, transit or auto are all options. It is based on the design of neighborhoods before WWII and tried to bring the best of those features and combine them with the conditions today to make livable neighborhoods. Harris gave a brief overview of the draft Street Standards. Hams reviewed the current street standards(page 19). The main changes for the arterials and collectors are the sidewalks, planting strips and bike lanes which are larger. In the neighborhood collector the curb- to-curb pavement width is a little narrower but still two travel lanes with no parking, parking on one side or parking on both sides. The old standard was 42 feet for parking on both sides. The proposal is for 32 to 34 feet in a residential setting. The travel which was 13 feet in the old standard has been reduced. The most changes are proposed for the neighborhood streets. It is limited primarily to single family zones. The proposal is for 18 to 20 foot wide street with no parking, five to six foot sidewalks and eight foot planting strips. There are cuing streets where there is parking one side with an 11 to 14 foot cuing, so if by chance there are two cars parked directly across from each other and two cars coming from opposite directions, one might have to pull over and let the other car come through. Hams said that the narrower streets seemed to be working well in other cities. Briggs wondered why not leave the width at 20 feet instead of 18 feet because we don't know when a neighborhood street might become a collector. Harris said typically when a street gets built the city knows what the long-term classification will be. If a street is built residential, it will be residential for the next 20 years. A national manual states that using a nine foot travel lane is workable. There are a couple of standards in town where the 18 foot standard seems to be working (Hillcrest). Briggs thinks 20 feet would be safer. McLaughlin said the 18 foot standard would be on streets with the lowest of the low volume so at the peak hour might have 100 trips per day. The conflicts would be low. The Commissioners made other comments and corrections that will be incorporated in the draft. Howe mentioned the 20 foot street width in the area on Iowa between the two ball fields. Why isn't it comfortable? With the 20 foot width in a car, you are at the mercy of whatever car is coming at you. There is no way to get away from a dangerous situation. Hearn too has some level of discomfort with skinny streets and feels they can be dangerous. PUBLIC HEARING ASHLAND PLANNING COMMISSION 4 REGULAR MEETING MINUTES OCTOBER 13,1998 C;215 Oct. 19 , 1998 Ralph Lepre 2305-C Ashland St , #631 MAYOR Catherine Shaw Ashland, OR 97520 City of Ashland Tel .800-9318038 20 E. Main Street Ashland OR 97520 RE: Hillside Inn - case No.98-091 Dear Mayor Shaw, I am writing to you about a Planning Commission decision on Oct.13 , 1998 to approve and permit the destruction and removal of some giant old growth cedar and fir trees at the corner of Siskiyou and Walker. High- way 99 at Walker is one of three major entrances to Ashland. It is a big intersection and the Hillside Inn project will leave a lasting im- pression good or bad. Despite checks and balances errors in judgement do occur and the Hillside Inn project is a case in point. If this practice of cutting down big beautiful trees continues it will be impossible for Ashland to keep the title of "Tree City USA" . Also "Arbor Week" and the accompanying "Tree of the Year" contest will be in jeopardy. Some how these events could become meaningless and rather moot when one considers the magnitude of this loss. I have included excerpts from the minutes of the Sept. 8 1998 Planning Commission meeting which clearly indicates city planning staffs concern with the removal of the larger conifers. Page 3 , "Removal of Significant Trees" . There does exist an attractive alternate site plan for this location that was to be submitted by the applicant which would' nt have affected the trees. Unfortunately it was withdrawn before it got to the Planning Commission for review. This project is one of many that will continue to come down the Pike as pressures of growth and development continue to transform and decide the future of Ashland for generations to come. For this reason I find it vital and important that this decision be reconsidered. The Planning Commission will meet Tuesday evening Oct. 27 to adopt and finalize the aforementioned decision. Yours Truly, cc: City Council Planning Commission Tree Commission Conservation Commission Ms.Jessica L Smith Ashland Daily Tidings Mr. Nick Toomey Lithiagraph Mr.John Freedom TESTIMONY REQUEST If you wish to provide evidence, please indicate if you are in favor of or opposed to the proposal. If you are in favor of the proposal, your evidence should show that the approval criteria is satisfied by the facts you are providing. If you are an opponent, your testimony should show that the applicant has not introduced evidence which satisfies all the approval criteria or your testimony rebuts the applicant's testimony by showing the facts relied upon are incorrect. NAME ADDRESS �L2JOS-G 46{ \ WV,4 !�V. �3 �CS> i OAL 9 7 S PLANNING ACTION # q9 " Oc' 1 I am in favor of the proposal. am against the the proposal. �I wish to give oral testimony. I do not wish to give oral testimony. I do not wish to give oral testimony, but wish to make the following comments: PLEASE GIVE THIS FORM TO A STAFF PERSON AT THE HEAD TABLE. � 0 COPY 150 Nursery Street Ashland,Oregon 97520 Telephone/FAX: (541)488-1016 E-mail: jmfreedom@sprintmail.com October 16,,1998 'fiu ,. .. Y. _ Ms. Catherine Shaw Mayor, City of Ashland 20 East Main Street Ashland,Oregon 97520 Dear Mayor Shaw, The purpose of this letter is to bring to your attention the Planning Commissions 10/13/98 approval for the removal of the mature trees on the property known as the Hillside Inn located at the intersection of Siskiyou Boulevard and Walker Avenue. This particular landscape, with its majestic trees,is one of the more beautiful and lush pieces of real estate within the City of Ashland and it is located directly on the City's Southern "gateway". Therefore I knew that you would want to know about this matter soonest. Aswitness to the aforementioned event it is clear to this writer that the Laws, Codes and/or Ordinances of our city apparently are not yet sufficient insure, as a First Priority always the preservation of the City's natural v resources. Throughout other parts of the land towns, cities and mu *dsp 'ties are already leading the way to insure the domestic land lientage of their posterity. It's time for Ashlanders to do the same by taking a' appropriate action at the city government level. You as the City's senior elected official, clearly have a voice and role in city affaus?that is important to effecting the legislation we require now to insure thafi1 a Planning Commission will have clearly defined guidelines with which to execute the long range vision for the development of the City of Ashland. In closing my request of you is that you keep me abreast of your action(s) on this matter and of how I may assist in facilitating the process. Respectfully, John Freedom cc: Planning Commission(7 Copies) plus Ms. Marilyn Briggs Mr. Mike Gardiner Ms. Jessica L. Smith, Ashland Daily Tidings Mr. Ralph Lepre, Attendee 10/13/98 Meeting �' r d�Y ��Ij x i )'F,M1I 4! ti M rag iP • • • • • • • • • • ASHLAND PLANNING DEPARTMENT STAFF REPORT ADDENDUM October 13, 1998 PLANNING ACTION: 98-091 APPLICANT: Alex Jansen LOCATION: 1520 Siskiyou Blvd. ZONE DESIGNATION: C-1 COMPREHENSIVE PLAN DESIGNATION: Commercial ORDINANCE REFERENCE: 18.32 Commercial 102 Site Design and Use Standards REQUEST: Site Review approval to demolish the existing hotel and construct a 10, 901 square foot retail building, as well as convert the existing 24 hotel units to studio apartments. 1. Additional Information This application was reviewed by the Commission at the September 8, 1998 meeting. Several issues relating to the proposal's site and building design were raised, and the application was ultimately continued pending the submission of additional information. The major points of discussion at the September meeting have been highlighted below: • Yard Space in Residential Areas The revised landscaping plan identifies a proposed picnic area between two of the existing eight-plexes that includes a table and seating. This area will need to be excavated and the cut retained using a short rock wall or other means to stabilize the disturbed area. Also, an additional bench seat is proposed at the front of the building, adjacent to the driveway. • Mitigation of Tree Removal with Large replacement Trees The applicant was advised by the Commission to include a minimum of six larger caliper trees on the revised landscaping plan to mitigate the removal of the existing large trees on the site. The revised landscaping plan identifies eight, 4 inch caliper red oak trees. These will be dispersed throughout the site, with two adjacent to the rear parking area, three along Siskiyou Boulevard and three adjacent to the new driveway off Walker Avenue. 3a • Street Trees Street trees have been noted on the plan. Staff would recommend that in addition to the red oaks identified above, that all street trees (i.e. 3 Zelkova) along Siskiyou Boulevard be a minimum of 4 inches in caliper. • Revised Inventory of Trees The revised plan identifies all existing trees to be removed which are greater than 6 inches in diameter at breast height. • Transformer Location The transformer was originally proposed to be located within a planting median inside the parking area. The transformers are now proposed to be installed alongside the driveway off Walker Avenue. A red oak, 4" in caliper, is proposed to be installed within the planting median. • Relocation of Proposed Driveway off Walker Avenue The driveway entrance/exit off Walker Avenue has been shifted further up (to the south)the street to allow for a greater distance from Siskiyou Boulevard. There still appears to be to 8 to 10 feet between the neighboring property to the south and the edge of the new driveway location. Unless there is some physical constraint which prohibits the shifting of the driveway further south, it is Staffs opinion that the driveway should be shifted an additional 5 feet to the south. This still provides 5 feet from the adjoining property line in which to construct a retaining wall to secure the anticipated cut bank. • Disabled Access to the Siskiyou Boulevard and Walker Avenue Sidewalks Disabled parking spaces have been identified on the revised site plan and are proposed to be situated adjacent to the two larger outdoor patio areas to each side of the building. • Grading Plan for Existing Driveway off Siskiyou Boulevard A revised driveway grading plan has been provided. A retaining wall will be installed parallel to the driveway entrance off Siskiyou Boulevard, allowing for the existing red maple and deodor cedar in the adjacent landscaped area to be retained. PA98-091 Ashland Planning Department -- Staff Report Addendum APPLICANT: ALEX JANSEN OCTOBER 13, 1998 31 Page 2 • Building Service Entries Possible service entries have been identified on the revised plan. The two locations include the patio area adjacent to the Siskiyou Boulevard driveway, as well as at the rear of the building off the center walkway. • Public Space Requirement (1,090 sq. ft.) The two larger public areas have been slightly expanded and seating areas have been identified. A total of 1,015 square feet of public space has been identified (not including walkways). • Installation of Bus Shelter A transit shelter has been proposed along the Siskiyou Boulevard frontage. The area will include seating, a trash a receptacle and will be covered with a canvas awning structure. • Protection of Existing Cedar(at rear of building) Paver blocks have been proposed to be installed across the driveway and within much of the dripline of the existing cedar tree. Staff would recommend that the width of this area be enlarged by approximately 8'-10' feet to incorporate the entire dripline and beyond. • Exterior Building Entries (sense of entry) The building entrances have been slightly modified in order to create a better sense of entry and distinguish the entrances from the adjacent window areas. The project architect has proposed that the entrances be recessed back approximately 24 inches. A wider and deeper awning covering will be installed above the two entrances, and columns will be incorporated within the facade to the side of each pair of doors. III. Procedural -Required Burden of Proof The criteria for Site Review approval are described in the Site Design and Use Standards chapter 18.72 as follows: A. All applicable City ordinances have been met or will be met by llte proposed development. PA98-091 Ashland Planning Department -- Staff Report Addendum APPLICANT: ALEX JANSEN OCTOBER 13, 1998 �� Page 3 B. All requirements of the Site Review Chapter have been met or will be met. C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. D. That adequate capacity of City facilities for water, sewer,paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. IV. Conclusions and Recommendations It is Staff s opinion that the applicant has addressed the concerns raised at the initial hearing. Should the Commission chose to approve the revised plan, Staff recommends that the following conditions be attached: 1) That all proposals of the applicant be conditions of approval unless otherwise modified here. 2) That a revised site, size and species specific landscaping plan, incorporating the recommendations of the Ashland Tree Commission, be submitted for approval by the Staff Advisor prior to issuance of a building. All landscaping to be installed in accordance with the approved plan prior to issuance of a certificate of occupancy. 3) That recycling facilities be identified on the site plan prior at the time of issuance of a building permit and installed in accordance with 18.72.110 prior to the issuance of a certificate of occupancy. 4) That a revised landscaping plan be submitted including the following amendments: That street trees, I per 30 feet of street frontage and 4 inches in caliper be installed along Siskiyou Boulevard and Walker Avenue prior to the issuance of a certificate of occupancy. Street trees along Siskiyou Boulevard shall be located within the sidewalk in square planters 42 inches x 42 inches (12.5 square feet), covered by a permeable hard surface such as pavers or grates and be irrigated. All street trees shall be chosen from the adopted Street Tree List and shall be installed in accordance with the specifications noted in Section E of the Site Design and Use Standards and incorporate root barriers if applicable. 5) That bicycle parking be installed in accordance with the design provisions in chapter 18.92 prior to the issuance of a certificate of occupancy. Final location and rack design to be submitted for review and approval at the time of submission for a building permit. PA98-091 Ashland Planning Department -- Staff Report Addendum APPLICANT: ALEX JANSEN OCTOBER 13, 1998 �2 Page 4 6) That electric load data and meter location be provided for review and approval by the Electric Department prior to the issuance of a building permit. 7) That the location and final engineering for all storm drainage improvements associated with the project be included as part of Building Permit submission for review and approval by the Planning and Engineering Divisions. 8) That all requirements of the Ashland Fire Department be complied with prior to the issuance of a certificate of occupancy, including but not limited to the installation of a security key lock system. 9) That the driveway along Walker Avenue be shifted to within five feet of the southerly property line. This modification to be reflected on a revised site plan and be reviewed and approved by the Staff Advisor prior to the issuance of a building permit. 10) That temporary fencing be installed around the drip line of all trees noted to be saved on the submitted plans prior to any site preparation(i.e. grading), storage of materials or the use of construction vehicles on the property. 11) That the following measures be incorporated during the project's development to ensure the health of mature trees to be preserved: a. A limitation on the amount of fill within the dripline. Fill to consist of a sandy composition, rather than clay, to enhance drainage. b. Cuts within the dripline being kept to a minimum. C. No fill to be placed around the trunk/crown root. 12) That any violation of the condition noted above caused by the applicant,property owner or general contractor, resulting in the death of a tree within two years, requires that the dead tree be replaced by a comparable tree (2" in caliper) that will grow to a comparable maximum height with a similar canopy spread. 13) That 10 percent of the residential units shall be affordable for moderate income persons in accord with the standards established by resolution of the Ashland City Council. 14) That pedestrian-scaled lights no greater than 14 feet in height, or functional equivalent, be installed adjacent to the sidewalk along Siskiyou Boulevard and Walker Avenue at regular intervals prior to the issuance of a certificate of occupancy. PA98-091 Ashland Planning Department — Staff Report Addendum APPLICANT: ALEX JANSEN OCTOBER 13, 1998 �LL Page 5 15) That construction details for proposed seating benches, transit shelter, retaining walls and covered bicycle structures be provided for review and approval at the time of issuance of a building permit. 16) That the area defined for installation of interlocking pavers (adjacent to the cedar tree)be expanded by approximately 8' to 10' to include the tree's entire drip line and beyond. This modification to be included on the site plan at the time of issuance of a building permit. PA98-091 Ashland Planning Department-- Staff Report Addendum APPLICANT: ALEX JANSEN OCTOBER 13, 1998 3 S Page 6 ASHLAND STREET TREE COMMISSION SITE REVIEW Applicant 3A KIGCNl Date (O ,4 Address el Sol YOU RL Cp Commercial_�_Residential Proposed Action: G I7E R-ei/ k/ Recommendation: / Pp (ha ibrGG GO My�+ygioY/ WocJ�� PYtY r l r NaG / P' fir Qnd Z crdc4ws could be scwej= bat concur-s AXA,fi A/5 i5 not /iKe(� 5ivch toe, pro Pos�cp cpnsfrur� ovl �/ -��Pri n t . T c n aces., 'Y' o r /APP''°pY��.fcNC55 c�� c�/✓�, tt�PecwS _ onoQ our J �r,sdiGt�cy 'Ta Ki►,, iLhe FG„q ah r�jtt a s PrCSesr _6te 6,e e1 /" J S P6 W e l lD All d u Y pr,'vY- YG �umppmrv,ki w)1 5 , WL tvv4e - racomrneoej Swilt�ii�ad �liL Pen�vla JacKon�atc�-�' Street Tree q>dmmis8ion Representative Date Follow-up: , iF 'I• l 1�. '` •�: is �II�I��IrJrd�Y, t mom TP " ',� ' ;I►\11r'! II011MOVJf-J'/IJ��I�r7i��� RAqma a „ Ir • M II ., � •o . Opp ' a Cp . P � :1.�. 1 :Y• .a � J t•VY 1 ?, �; •* . LYM• •l' Q 6 , ,, aa - F;. e V M � �'1= f f �� L f�Y p a .p a 6 < a �p p � c � �� 39 Ta4*w I D 104 VALLEY VIEW AVE. AREA CODE 541 - 535-1529 P.O.BOX TALENT,OREGON 97540 SCI , s8 September 28, 1998 City of Ashland Attn: Planning Commission 20 East Main Street Ashland, Oregon 97520 To the Planning Commission; After review of your planning actions on the October Blurbs, the following has been determined. Planning Action 98-094 - TID has no concerns or comments Planning Action 98-097 - TID has no concerns or comments Planning Action 98-098 - TID has no concerns or comments Planning Action 98-100 - TID has no concerns or comments Planning Action 98-091 - TID has no concerns or comments Planning Action 98-099 - TID has no concerns or comments Planning Action 98-105 - TID has no concerns or comments Planning Action 98-102 - TID has no concerns or comments Planning Action 98-101 - TID has no concerns or comments Planning Action 98-104 - TID has no concerns or comments Thank you for your consideration in these matters. Sincerely, Ka hleen Marshall Talent Irrigation District /�b Jack and Judith Brown Telephone(206)842 3772 Fax 206 780 0299 14906 Sunrise Drive N.E. Bainbridge Island,Washington 98110 1 _ jubrovv n@hnknet.kitsap.lib.vra.us September 23, 1998 City of Ashland Planning Commission Ashland, Oregon 97520 Dear Members of the Planning Commission, I am writing to suggest that to many persons who do not live in Ashland the Hillside Inn is a kind of historic landmark, and should be allowed to remain as close to what it is now as possible. Last week in the pool at the Hillside Inn another couple from California and ourselves compared notes on the way the Inn has been since the days it was the White Motel and we were bringing our families every year to enjoy its swimming pool and cabins. We all agreed that the place has historic meaning for us and it would be a terrible shame if because it has to change the location of its entrance access road it had to remove the pool and the cottages near it and build something more commercial. We made the turn coming from the south by automobile off Siskiyou Blvd. into the office area and recognize it is not ideal, but neither did it seem unduly dangerous to us. We would very much regret losing the Hillside Inn as a quiet, tree-shaded place to stay, and hope some adjustments can be found that are acceptable to all the parties, so that we do not lose it. Sincerely yours, Judith and Jack Brown copy to Alex Jansen 411 Ralph lepre 2305-C Ashland St. #631 (800) 931-8038 Ashland, OR 97520 PogeNoicemoil *Toil O S E P 1 ii 1998 A9guW �t Q�J►Jt n�� l oAA Vtl 5 h l O 'Re: HILL-�710>= ll� ► � I ►�j2o �i��iKlr�ov ��. �� a8-o� t �� M Q• /�Q,c�clm�.� l Are. L�u2ert"`7 to rAocD tJNy oc>r Xt >= To I4r-m� -tilz �71� 8 lit-d�rJn>�ti`� Cv+�•�•�•�t�i�ittxv tix.�3`S1�vc7 'R��T 'fit-Av?c -C���-�J ,&ate - o j -r S .0 I�J� s ��c� �,� mot" 47A(T-X-� w Ukt T(1ic K(ht�t-TLi 1. Ct�ll G�j�' �ivti��Gic�c� c��,�s 1 ,J �k1B 'g�w�t�S Sl2E I� otz�2 `/��� I�,c�1✓aat�s� �1� /1R�1�-�.T'" �,At c� t� w.��. mss.= '�t��cv�-l-- �('o eiAvl? GaeMI0 glc,NPr�G.r.S( '�f h o Cautiti��s� rr �2lc� s sv�i�,tcstE�� � l/�lo.�/attele-7 h�� of TIC � V TIk)e, LL) -f12 s Q rna��il'lC , la�il-�� la►-�s� t�A�'��v� o�� G.(zow'�1,� '�f��S o�J '[lJ� k�\u1-�t� 1 ti ►-> rP�'-�C��``'�, �°��u� �2�����.. 1�►�l� �c-tJ�r �t�l� ti'(�C°tL\�T Dliv� 2�Ct�l�czpsor�� 2�1�f2Aw \-�\�, '��l.A� `j Q�I►,x111 G��Tt I t>�J I \-C - 1 C sT)�T�i �t'1•lAr ��o2T� t3� 1./ln l�E Tb Slsv� A 5 t(l�ti►-� c�F �t-1J� N�n.�-�tav� ���rti� T1z_�S �� -��SS� r��>� 6 Gt90vt to 1.1 Y-e� �b �� W 1 rJR c Ua� o OCT - 1 1998 Supplementary Information for Hillside Inn Site Review: October 10, 1998 Meeting The following items were revised, or provided with additional information as noted: 1. Public Space in Residential Area: See the Resubmitted Landscape Plan for the designated recreational public space near the residential units. 2. A minimum of six large trees are shown as replacements for the cedar and fir trees that are to be renioved. See the Resubmitted Landscape Plan. 3. Street Trees: See the Resubmitted Landscape Plan. , 4. Inventory of trees: See the attached drawing showing the existing trees on the proposed site. 5. Transformer Location: The transformers were moved to a different location. See the resubmitted site plan and the attached 8.5"x 11"sheets 4 and 5 for the new location. These were taken out of the landscape island at the parking area to allow for a nice tree in that island. 6. Relocated Drive way from Walker Avenue: See the resubmitted Site Plan and the attached 8.5"x 11" sheets 4 and 5 for this revised configuration. 7. Handicap access to the Siskiyou Boulevard and Walker Avenue sidewalks: See the resubmitted Site Plan and the attached 8.5" x 11"sheets 1 and 4 for this revised configuration. Note that Sheet 1 shows the grades on the existing driveway at a more gentle slope and the relocation of a handicap parking space to this location. New handicap ramps are shown. Sheet 4 shows a new handicap parking space and a handicap aisle and walk to the Walker Avenue sidewalk. 8. Re-grading of existing entry driveway from Siskiyou: See the resubmitted Site Plan and the attached 8.5"x 11" sheets 1 for this revised configuration. New grades are shown. Also a new retaining wall is designated for the west side of the drive to ease this new driveway slope and allow the existing landscape to the west to remain. 9. Service Lo Building: y—A OCT - 1 1998 Service to the buildings can be accomplished at a number of locations. With the re-shaping of the entrance drive from Siskiyou and the new handicap ramps, it is anticipated that some service can be done from the parking lot near parking space #21. We have also shown possible future service halls and supply dumb waiters or lifts at the rear center of the building. See the resubmitted Site Plan and the attached 8.5" x 11"sheets 6 showing these future items. 10. Public Space: See the resubmitted Site Plan and the attached 8.5" x 11" sheets 1, 2, 3, and 4 showing additional area for public space and a reconfiguration of the buildings entry walks better defining sitting areas etc.The Patio Areas shown on Sheets 1 and 4 have been expanded. The plan currently shows over 1000 Square Feet of public space within the property lines, not including areas that would be defined as a walkway. 11. Bus Shelter: We have shown a space for a bus shelter. See the resubmitted Site Plan and the attached 8.5"x 11" sheets 2 for this revised configuration. We proposed to cover the shelter with an awning matching those used on the building. There would also be seating and a trash dispenser. ` 12. Protection of Existing Cedar: See the resubmitted Site Plan and the attached 8.5"x 11" sheet 6. We have proposed pavers in the driveway area near the cedar tree to allow the roots water and air. We also reconfigured the walk and covered bike parking so that it would disturb the area less.Also shown on sheet G is an additional planting area for another tree. See the resubmitted Site Plan. 13. Exterior Building Entry: See the attached 8.5" x 11" Sheet 7 for a detail of a typical entry and window treatment. The awning we are proposing for the windows will only project approximately 36" from the wall face. We have revised the treatment at the entries to include a wider "column" treatment and a wider awning that would project approximately Go" from the wall face. Also the storefront entry would be recessed back approximately 24". OCT ° 11999 W W 0 i -�. _ -------- - =O LU N - - Qp ymrn N N O W N cu P__4 (;V Qr -n X --\ — 7u m 3 \ N W I � � W +o . --- .._. . - - .. _..._... . 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APPROVAL OF THE MINUTES AND FINDINGS August 11 1998 Regular Meeting Minutes-On Page 8, strike"John Fields stated: He agrees with Kramer that this [541 A Street] is the tear down of a classic building". Howe moved to approve as corrected, Briggs seconded and the minutes were approved. August 11, 1998 Regular Meeting Findings PA97-072- Briggs moved to approve, Fields seconded, and approved. PA98-001 - Hearn moved to approve, Briggs seconded, and approved. August 11 1998 Hearings Board - Briggs moved to approve, Howe seconded and the minutes were approved. August 11, 1998 Hearings Board Findings PA98-041 -Chapman moved to approve, Briggs seconded and approved. PA98-070- Briggs moved to approve, Chapman seconded and approved. PA98-077 -Chapman moved to approve, Briggs seconded and approved. PUBLIC FORUM - No one came forth to speak. TYPE II PUBLIC HEARINGS PLANNING ACTION 98-091 REQUEST FOR A SITE REVIEW TO DEMOLISH THE EXISTING HOTEL AND CONSTRUCT A 10,901 SQUARE FOOT RETAIL BUILDING,AND CONVERT THE EXISTING 24 HOTEL UNITS TO STUDIO APARTMENTS. 1520 SISKIYOU BOULEVARD APPLICANT: ALEX JANSEN Site Visits and Ex Parte Contacts Site visits were made by all but Gardiner and Armitage, however, Armitage stated he is familiar with the site. STAFF REPORT Molnar said the property, a mature site with heavy vegetation, is located at Siskiyou and Walker Avenue and there are presently seven structures on the property with the the three newest buildings at the rear of the property consisting of 24 motel units. The proposal involves retaining the three structures at the rear of the property with those units being converted to 24 studio apartments with the remaining four buildings to be demolished and a new commercial structure constructed along Siskiyou Boulevard. The current access and parking to the new project will be somewhat modified with the driveway closest to 52 Walker being eliminated and a new driveway opening constructed on Walker Avenue. A total of 55 parking spaces, including on-street parking on Walker will be provided. The commercial building will be single story with a covered walkway separating the walls of the structure that will lead from the sidewalk on Siskiyou Boulevard back to the parking area and the rear units. Staff believes there many elements to the project positively representing an infill project right on Siskiyou Boulevard in the Detailed Site Review Zone, incorporating many of the standards in the DSR, as well as maintaining a residential component on the property with an appropriate density near commercial areas and transit and the University. Existing Trees- With an overhead, Molnar showed the trees proposed for retention and removal. There is an abundance of smaller stature trees that have not been identified. The Site Review requires that efforts be made to incorporate significant trees into the project design, at the same time, looking for a balance between the project design, parking, and accommodation of more intense development allowed in the commercial zone. Staff believes there are some opportunities to retain one or two of the larger trees in the project by making some slight changes to the building footprint(refer to overhead exhibits), however, one of the trees marked for retention may not survive, due to grading during construction. Entrance from Walker-The applicant states the new entrance off Walker Avenue meets the minimum standards from the intersection, however, Staff is concerned that since the creation by ODOT of the wider radius at the intersection which facilitates the movement of autos off Siskiyou Boulevard at higher speeds, it would be safer to shift the Walker entrance up another 25 to 30 feet or as far up the property as possible. Public Space- In the Detailed Site Review zone for buildings in excess of 10,000 square feet, there is a minimum requirement for public space. The purpose is to incorporate outdoor public areas along the frontage of the building giving employees or patrons a place to congregate with a minimum requirement of 1, 100 square feet. Some of the smaller areas are scored concrete leading to building entrances and Staff feels will only marginally function as outdoor space. Some subtle changes such as widening the scored concrete areas into some of the building offset areas would more clearly meet the public space requirement. Building Entrances-The design standard in the DSR specifically states around entrances either lighting, changes in the mass surface or texture should be incorporated to highlight entrances to the building. As proposed, the entrances match in proportion to window areas (size, awning covering, and texture)with not even a subtle change to highlight the entrance. There could be a change in relief in the exterior of the wall or change in the type of covering. Transit Route-The applicant is proposing along Siskiyou Boulevard a number of cutouts for incorporation of benches. Given the size of the project and the number of trips it could ultimately generate, perhaps some of the alcoves could be deepened and serve as a bus shelter. Molnar read the Tree Commission's comments into the record. Briggs said when she walked the property she found many more trees and changes in location that are indicated on the site plan. ASHLAND PLANNING COMMISSION 2 REGULAR MEETING MINUTES SEPTEMBER 8,1998 5 PUBLIC HEARING DAVE RICHARDSON, Architectural Design Works, 1105 Siskiyou Blvd. said many hours have been spent working on this project. ALEX JANSEN, 12466 S. E. Spring Mountain Drive, Portland, OR 97236, said the impetus for the project has been a decline in revenues in the hotel business due to the increased room counts in Ashland and deterioration in some of the front buildings. They decided to consider a commercial element. The main issue they have because parking is in the rear is the accessibility to the front areas. He is concerned with the steep incline entrance near Dairy Queen. He believes that it needs to be graded out with one consistent incline and add a handicap ramping system. Jansen believes they need between four and five spaces per 1,000 square feet. They are now at the minimum according to the ordinance. He is concerned that by moving the Walker entrance up they may lose two parking spaces. Richardson said the public space can be reconfigured to make it work as well as the building entrances. They will do whatever is required for street trees. They would prefer the trees be behind the sidewalk as there is a better chance for survival. It will be difficult to save certain significant trees. If they jog the building around the tree, they will lose a significant corner. He is also concerned about losing the trees during grading. They can do some reconfiguring of the building but they cannot afford to lose floor area. Briggs noticed the tree level is about three to four feet higher than the sidewalk. Is the applicant going to make the retail shops on the same plane as the sidewalk and the area will be graded out? Richardson said they will be cutting into the site and on the back side of the site will be a retaining wall. Richardson said the Tree Commission pretty much conceded that the tree nearest the Dairy Queen is doomed. He is concerned about the tree in the center of the property but believes there is enough space around it that it may have a chance to survive. Howe noted that the City's minimum parking requirement is 32 spaces. Chapman wondered how individuals using the handicap spaces could access the retail spaces: Jansen believes the handicap spaces should be moved. Fields expressed a concern about servicing the building; there is no place to off load on the street and up to an eight foot grade elevation in the parking. The trash enclosure is up the stairs way to the back(300 feet)with deliveries happening in the back. He is having a hard time seeing the split elevation working. It would seem a rear access is needed. Richardson said it will be difficult. Jansen said they considered having a second retaining wall and creating a well area giving a rear entrance. The applicants agreed to move the Walker entrance at least 20 feet to the south (Condition 9). Richardson asked if the fixed street lighting can be eliminated. McLaughlin said the light at the corner has to remain but he would check on the others. Richardson wondered if the City had a standard for lights or can they make suggestions on what they can be as well as the spacing of the lights. Molnar said there is some flexibility in the Conditions in order to explore the appropriate standard for the location. On "A" Street, the spacing is about 60 feet. The applicant was agreeable to the wording of Condition 14. ASHLAND PLANNING COMMISSION 3 REGULAR MEETING MINUTES SEPTEMBER 8,1998 LEO JANSEN, 1520 Siskiyou Boulevard, said they have tried to keep the property as green as possible. They will have to remove some trees and he assured the Commission that any trees that are planted will be cared for. He is very concerned about site vegetation. Briggs wondered if the flat metal roof will cause a glare. Richardson said there is no metal roof and there will be no glare. Fields said it is stated so in the packet. Howe said they have nothing identifying all the trees and which ones will be saved. In order to know which trees have died, it is important to have them identified. Jansen agreed to provide a bench for the bus stop as long as it can be incorporated. He would rather not have to build a structure. Molnar said the building at Siskiyou and Highway 66 provided a concrete slab covered with a fabric awning. Howe suggested modifying Condition 2 to include all existing trees. McLaughlin said the landscaped areas that are going to be disturbed need to be clearly indicated, especially the regrading of the western approach. Fields does not see any private or combined outdoor use for the studio apartments. Molnar said there is no outdoor recreation space required in C-1 for multi-family. Jansen said they could make use of the areas in between the units. Fields wondered if the applicants could be given the option of eliminating all the trees and just replanting trees and vegetation in appropriate places. McLaughlin said that was a possibility. Jansen said he would be willing to replace the trees with substantial caliper trees, assuming they could get six inch caliper trees in there. Fields thought it would be nice to have six$500 trees in the development. Armitage added, at least six large caliper trees on the property. McLaughlin said in exchange for not requiring retention of these natural features, a Condition can require it be part of the revised landscaping plan. Part of the landscaping plan can incorporate these suggestions. Fields wondered about the location of the electric and gas meters. Jansen said they are shown on the plan but if they cannot go in the noted area (near the middle rear of the building) they will be put near Walker. Staff Response Molnar said Staff would like the Walker entrance placed as far to the south as possible. With regard to tree retention, without knowing exactly how much protection is needed around the trees, that information could change their minds on tree removal and the alternatives mentioned are good. Armitage believes it would be worthwhile for Staff to study and find out what is technically possible for tree replacement and the costs involved. Fields feels strongly about public outdoor space shortage. He would also like to see some space dedicated in the residential area. Molnar suggested wording of a Condition: That the plan be revised to include 1,090 square feet of usable public space associated with the commercial uses and an additional usable residential outdoor space (distinguish between the two). Rebuttal Richardson does not see a problem with arranging outdoor space. Fields envisions a picnic table in the outdoor space. ASHLAND PLANNING COMMISSION q REGULAR MEETING MINUTES SEPTEMBER 8,1998 - COMMISSIONERS' DISCUSSION AND MOTION Hearn moved to approve PA98-091 with the attached Conditions and those Conditions expressed. Those include a bus stop with at least a bench and awning, large caliper trees, public space revisions, and treatment around the entrances. Gardiner seconded the motion. Howe believes the Commission is asking for things that she would like to see again such as the distinctive entrances, trees behind the sidewalk, public and residential space, transformer location, and the bus stop. Fields is still having trouble with no guardrails and access problems from the parking area to the building. Molnar said if the action is continued, Staff could come back with prepared findings which would then not delay the applicant. Heam, Morris, Gardiner and Armitage did not wish to Continue and Briggs, Howe, Chapman, and Fields wished to continue. The applicant agreed to a 30 day extension to the 120 rule. Hearn withdrew his motion. The Commission agreed to a continuance. McLaughlin said the hearing will be continued at 7:00 p.m. on October 13, 1998. No notice will be mailed out since this was announced publicly. OTHER Briggs distributed an article from Preservation magazine discussing civic building standards. McLaughlin said that could be discussed at the meeting. McLaughlin said a study session is scheduled for September 29, 1998 with the City Council to review and discuss portions of the Transportation System Plan. They will also talk about the retreat with the Council to talk about civic projects. Govemor's Task Force on Growth - McLaughlin reported there will be a video conference public hearing held including seven topics subject to testimony by people around the state. This is an opportunity for testimony. If any Commissioner is interested in any of the topics, contact McLaughlin. Ron Bass has submitted his resignation from the Planning Commission as he is taking a professional leave from the community. Briggs felt Philip Lang made a good point in his letter. If the property on Fourth & B would copy the window boxes at Peerless, it would help considerably. ADJOURNMENT-The meeting was adjourned at 9:15 p.m. ASHLAND PLANNING COMMISSION 5 REGULAR MEETING MINUTES SEPTEMBER 8,1998 ASHLAND PLANNING DEPARTMENT STAFF REPORT September 8, 1998 PLANNING ACTION: 98-091 APPLICANT: Alex Jansen LOCATION: 1520 Siskiyou Boulevard ZONE DESIGNATION: C-I COMPREHENSIVE PLAN DESIGNATION: Commercial ORDINANCE REFERENCE: 18.32 Commercial 18.72 Site design and Use Standards REQUEST: Site Review approval to demolish the existing hotel and construct a 10, 901 square foot retail building, as well as convert the existing 24 hotel units to studio apartments. I. Relevant Facts 1) Background - History of Application: In February 1977, the Commission approved a Conditional Use Permit and Site Review(PA77-190) to construct a 27-unit motel in two phases, replacing all 16 existing motel units. In September 1984,the Commission approved a Conditional Use Permit and Site Review(PA84-076) for a 16-unit expansion of the existing White Motel. In January 1988, the Commission approved a Conditional Use Permit and Site Review(PA88-005) to construct 24-motel units along the southern portion of the lot and remove 10 existing units. There are no other actions of record for this site. 2) Detailed Description of the Site and Proposal: This 1.24 acre site is located on the southwest corner of the intersection of Siskiyou Boulevard and Walker Avenue. Seven buildings are situated throughout the property. Three buildings comprising 24-motel units are located adjacent to F the rear(south) property line and were constructed in 1989. The remaining four structures up along Siskiyou Boulevard and around the existing pool are considerably older and will be removed as part of this application. The existing landscaped areas are densely covered with shrubs and large, mature deciduous and conifer trees. There exists two separate driveway entrances/exits along Siskiyou Boulevard, one at the northwest corner of the site (adjacent to Dairy Queen) the other near the intersection with Walker Avenue. Off-street parking for the existing motel use is located off the existing circular driveway. Proposal The proposal involves demolishing the four older structures surrounding the pool area, while retaining the three newer structures at the rear of the site. A new single-story, commercial building will be constructed along Siskiyou Boulevard consisting of approximately 10,900 square feet of gross floor area. In addition, the application proposes to change the use of the 24-motel units to 24 studio apartments, allowing for long term residential use. With the exception of the area surrounding the three rear buildings, the remainder of the site will undergo a major overhaul. The site will be extensively re-graded in order to construct the new building with interior floor levels at or above the elevation of the adjacent public sidewalk. Additional off-street parking will be provided to the side and rear of the new building through the re-alignment and widening of the existing driveway. In addition, the existing driveway adjacent to the intersection will be eliminated and replaced with an entrance/exit up along Walker Avenue. The majority of existing mature trees will be removed in order to accommodate the re-development plans for the property. As noted above, the application proposes to construct a single story building consisting of approximately 10,900 square feet. The exterior materials for the building include an EIFS wall system with a flat metal roof. A decorative cornice feature will follow the perimeter of the roof line, and will also serve to screen any roof top mechanical equipment. PA98-091 Ashland Planning Department -- Staff Report Alex Jansen September 8, 1998 .`9 Page 2 A covered walkway will be installed between the two buildings, connecting the rear parking lot with the public sidewalk along Siskiyou Boulevard. A gabled roof covering will be installed above the walkway, and include skylights to allow natural light into the area. A brick veneer will be installed along portions of the base of the building. Canvas awnings will be installed above the majority of windows and over entrances along the Siskiyou Boulevard side of the building. Two small outdoor patio areas, comprised of a scored concrete pattern, are proposed at the northwest and southeast comers of the building. II. Project Impact Overall, Staff believes the application represents an attractive re-development proposal for the site. The applicant's findings indicate that the motel operations have been marginal, while the only economic success is due to the longer term leasing of rooms during the off-season. The proposal will add approximately 11,000 square feet of general retail or office space along Siskiyou Boulevard and convert the rear 24-units to long term residential use. For the most part, Staff believes that the proposed site improvements and building design embrace the majority of the City's Site Design and Use Standards noted in the Detail Site Review(DSR) zone, as well as standards for Large Scale Development. The building will be constructed up along Siskiyou Boulevard with at least two main entrances oriented toward the street. In accordance with City standards, distinctive jogs and off-sets have been incorporated throughout the length of the structure, and scored concrete pavement will be used to highlight entrance locations and outdoor patio areas. Removal of Significant Trees Numerous trees are proposed to be removed as part of the proposal. With the exception of the existing landscaped areas alongside the Dairy Queen Restaurant and surrounding the three back buildings, only two other trees are noted for retention(one cedar& one maple). In addition, the drip line of the cedar tree to be retained will be encroached upon due to the new driveway re-alignment and the addition of parking spaces. Site Review Standard II-C-1c 5) states that "efforts shall be made to save as many existing healthy trees and shrubs on the site as possible." Further, under the Site Design and Use chapter 18.72.100, the Commission has the power to require the retention of existing trees and other natural features. Staff is specifically concerned with the removal of some of the larger conifers (30 feet in height & greater) around the perimeter of the site, including the evergreen adjacent to the Siskiyou Boulevard entrance and the two tall cedar trees nearest the intersection of Siskiyou Boulevard and Walker Avenue. PA98-091 Ashland Planning Department -- Staff Report Alex Jansen September 8, 1998 0 Page 3 The City's Site Design and Use Standards strive to balance building design and site improvement requirements with the reasonable retention of the site's significant natural features t is Staffs opinion the overall site plan ignores and fails to adequately incorporat some of the site's most prominent trees. We believe that the building footprints can be modified, without significant hardship to the applicant, in order to retain two or three of the large mature trees identified in the photographs below. Cedars to be removed Existing conifer to be removed We believe that the trees noted above can be retained through a minimal reduction in the building's total floor area, and with subtle changes to building footprints. Further, the maximum amount of parking has been provided, representing the cumulative total for both the residential and commercial use. No reduction in the total number of spaces is being requested based on the mix of residential and commercial uses, as provided for under the Off-street parking chapter. Any reduction in floor area caused by the modification of the current building footprint could be recouped through only a minor reduction in the total number of parking spaces. New Exit/Entrance Driveway - Walker Avenue A extremely positive element of the proposal involves the removal of the existing driveway along Siskiyou Boulevard adjacent to the intersection,and replacing it with a new driveway off of Walker Avenue. The current driveway location is non-conforming due to its close proximity to the intersection. PA98-091 Ashland Planning Department — Staff Report Alex Jansen September 8, 1998 61 Page 4 While the application notes that the new driveway location off of Walker Avenue exceeds the City's minimum distance requirement of 50 feet from an intersection,it is Staffs opinion that this driveway should be located even further away from the intersection (further up Walker Avenue).As a result of the installation of a new traffic signal at this intersection two to three years ago, the right turning radius (i.e. curb radius) onto Walker Avenue from Siskiyou was increased dramatically. This increase in curb radius facilitates the speed at which cars can proceed around the corner and up Walker Avenue. Consequently, the closer the driveway is to the intersection,the less time a motorist has to avoid a potential conflict when exiting the site left onto Walker Avenue and heading toward Siskiyou Boulevard. Existing entrance to be abandoned Staff s rec mended location versus proposed driveway location - Walker Ave Miscellaneous Design Issues Provision of public space This project is required to provide 1,090 square feet of public space, incorporating areas which include sitting space, shade and sunlight, protection from the wind, trees, etc. Two public spaces with outdoor seating have been identified on the plan, one adjacent to the northwest entrance off Siskiyou Boulevard and the other just below the entrance off Walker Avenue. The combined area for both spaces is approximately 600 square feet. The application states that the full requirement is fulfilled through the provision of "several smaller type plaza areas." It is Staff s opinion that most of the smaller areas include scored concrete walkways leading to proposed and future building entrances, and are marginal for PA98-091 Ashland Planning Department -- Staff Report Alex Jansen September 8, 1998 6 Page 5 public space use. It is Staff's opinion that additional hard scape (scored concrete) area be added along the Siskiyou Boulevard frontage, unless it can be demonstrated how these smaller areas comply with the ordinance requirement for public space.In any case,it appears that by slightly expanding the area devoted to hard scape near thejoint walkway or alongside some of the building's offsets or jogs, this requirement can be easily met. Building entrances Detail Site Review standard II-C-2a 4) states: "Buildings shall incorporate lighting and changes in mass, surface or finish to give emphasis to entrances." It is Staff's opinion that subtle changes should be made to the exterior of the building to embellish the proposed building and walkway entrances to clearly differentiate them from the window pattern(with canvas covering) established along the frontage. III. Procedural- Required Burden of Proof The criteria for Site Review approval are described in the Site Design and Use Standards chapter 18.72 as follows: A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. IV. Conclusions and Recommendations It is Staff s opinion that more opportunities exist to retain some of the site's more prominent trees. The City's commercial Site Design and Use Standards recognize that the retention of significant trees is part of good site planning and building design.The standards are intended reach a reasonable balance between the more intensive development options allowed in PA98-091 Ashland Planning Department -- Staff Report Alex Jansen September 8, 1998 6 3 Page 6 r I commercial zones and the important role significant natural features play in forming our community's character. Overall, Staff believes the project can be a tremendous asset to the area. While a significant number of shrubs and trees will need to be cleared to allow for re- development of the site, a stronger effort should be made toward the retention of healthy large trees before Staff can fully support the project. It is our opinion that with some relatively minor adjustments to the configuration of building footprints, two to three of the largest conifers on the site can be protected and incorporated into the plan. Also, as mentioned above, the maximum amount of parking is being provided, representing the cumulative total for both the residential and commercial use.We believe additional trees can be saved through minor reductions in the building footprint, or by expanding the footprint into areas identified for additional parking. Staff strongly recommends that the driveway entrance proposed along Walker Avenue be located further up Walker Avenue.We believe this can be accomplished with minor changes to the configuration of the driveway and little or no reduction in the number of parking spaces. By moving the entrance/exit approximately 20 feet further up Walker Avenue, the motorist exiting the parking area has additional time(albeit a second or so)to make the left turn toward Siskiyou Boulevard across the on-coming lane.We believe this relatively minor adjustment will result in a safer turning movement and be well worth it in the long term. Should the Commission choose to approve the application, Staff has recommended that the following conditions be attached: 1) That all proposals of the applicant be conditions of approval unless otherwise modified here. 2) That a revised site, size and species specific landscaping plan, incorporating the recommendations of the Ashland Tree Commission, be submitted for approval by the Staff Advisor prior to issuance of a building. All landscaping to be installed in accordance with the approved plan prior to issuance of a certificate of occupancy. 3) That recycling facilities be identified on the site plan prior at the time of issuance of a building permit and installed in accordance with 18.72.110 prior to the issuance of a certificate of occupancy. 4) That a revised landscaping plan be submitted including the following amendments: That street trees, 1 per 30 feet of street frontage be installed along Siskiyou Boulevard and Walker Avenue prior to the issuance of a certificate of occupancy. Street trees along Siskiyou Boulevard shall be located within the sidewalk in square planters 42 inches x 42 inches(12.5 square feet), covered by a permeable hard surface such as pavers or grates and be irrigated. All street trees shall be chosen from the adopted Street Tree List and shall be installed in accordance with the specifications noted in Section E of the Site Design and Use PA98-091. Ashland Planning Department -- Staff Report Alex Jansen September 8, 1998 �i� Page 7 Standards and incorporate root barriers if applicable. 5) That bicycle parking be installed in accordance with the design provisions in chapter 18.92 prior to the issuance of a certificate of occupancy. Final location and rack design to be submitted for review and approval at the time of submission for a building permit. 6) That electric load data and meter location be provided for review and approval by the Electric Department prior to the issuance of a building permit. 7) That the location and final engineering for all storm drainage improvements associated with the project be included as part of Building Permit submission for review and approval by the Planning and Engineering Divisions. 8) That all requirements of the Ashland Fire Department be complied with prior to the issuance of a certificate of occupancy, including but not limited to the installation of a security key lock system. 9) That the driveway along Walker Avenue be shifted approximately 20 feet to the south.This modification to be reflected on a revised site plan and be reviewed and approved by the Staff Advisor prior to the issuance of a building permit. 10) That temporary fencing be installed around the drip line of all trees noted to be saved on the submitted plans prior to any site preparation(i.e. grading), storage of materials or the use of construction vehicles on the property. 11) That the following measures be incorporated during the project's development to ensure the health of mature trees to be preserved: a. A limitation on the amount of fill within the dripline. Fill to consist of a sandy composition, rather than clay, to enhance drainage. b. Cuts within the dripline being kept to a minimum. C. No fill to be placed around the trunk/crown root. 12) That any violation of the condition noted above caused by the applicant, property owner or general contractor, resulting in the death of a tree within two years, requires that the dead tree be replaced by a comparable tree(2" in caliper)that will grow to a comparable maximum height with a similar canopy spread. 13) That 10 percent of the residential units shall be affordable for moderate income PA98-091 Ashland Planning Department -- Staff Report Alex Jansen September 8, 1998 5 Page 8 persons in accord with the standards established by resolution of the Ashland City Council. 14) That pedestrian-scaled lights no greater than 14 feet in height,or functional equivalent, be installed adjacent to the sidewalk along Siskiyou Boulevard and Walker Avenue at regular intervals prior to the issuance of a certificate of occupancy. PA98-091 Ashland Planning Department -- Staff Report Alex Jansen September 8, 1998 6;'( Page 9 AFFIDAVIT OF MAILING STATE OF OREGON 1 County of Jackson ) The undersigned being first duly sworn states that: 1 . I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On August 19 , 1998, 1 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for Planning Action # 98-091 s Signa ure of E ployee SIGNED AND SWORN TO before me this 19 day of August 1998. K OFFK IALSEAL f � ��✓� NJA N AKERMAN ARY PUBLIC - OREGON Notary bIIC for $tats Of Oregon MISSION NO. 310793 M Commission Ex fires: -U ' 03- MMISSION EXPIRES APRIL S.2002 y p � 7 Notice is hereby given that a PUBLIC HE. AG on the following A copy of the application,a uments and evidence relied upon by the applicant and leq66st with respect to the ASHLAND LANs,USE ORDINANCE will applicable criteria are avail.-.d for inspection at no cost and will be provided at reasonable cost, if requested. A copy of the Staff Report will be available for be held before the ASHLAND PLANNING COMMISSION on inspection seven days prior to the hearing and will be provided at reasonable cost,if September 8, 1998 at 7:00 p.m.at the ASHLAND CIVIC CENTER, requested. All materials are available at the Ashland Planning Department,City Hall, 1175 East Main Street, Ashland, Oregon. 20 East Main Street,Ashland,Oregon 97520. The During the Public Hearing,the Chair shall allow testimony from the applicant and those awsta ordinance criteria to raise able tojectio concerning this attached to this notice. Oregon in attendance concerning this request. The Chair shall have the right to limit the law states that failure to raise an objection concerning this application,either in person length of testimony and require that comments be restricted to the applicable criteria. or by letter,or failure to provide sufficient specificity right afford the decision maker an Unless there is a continuance,if a participant so requests before the conclusion of the opportunity to respond to the issue, precludes your right of appeal to the Land Use hearing,the record shall remain open for at least seven days after the hearing. If you Board of Appeals ILUBA) that issue. Failure to specify which ordinance criterion have questions or comments concerning this request,please feel free to contact Susan the objection is based on also precludes your right of appeal to LUBA on that criterion. Yates at the Ashland Planning Department,City Hall,at 552-2041. WAUM J � t� ,� + a C'I� N� pvr.I r- DREMIN �t p c sfsfl� l bi r. a sC 'r'�1I a � :C F C IaHC IQI a.0 far \1 r �TINN R . tar �y Proposed 10,901 Building era oat. c c •'-- I crt C Y 2Nlalp C-t � � � O � $' C • AM6 J: - +�/ frmw� r In —^ ______ c a c • • a i w a . a te 7C mrwi i . u.r. .non.^vneea Conversion of 24 motel units to studio apartments NOTE: This Planning Action will also be heard by the Ashland Tree Commission on September 3, 1998 in the Council Chambers located at 1175 East Main Street at 5:00 p.m. PLANNING ACTION 98-091 is a request for a Site Review to demolish the existing hotel and construct a 10,901 square foot retail building, and convert the existing 24 hotel units to studio apartments for the property located at 1520 Siskiyou Boulevard. Comprehensive Plan Designation: Commercial; Zoning: C-1; Assessor's Map#: 39 1 15 BA; Tax Lot: 4600. APPLICANT: Alex Jansen 6 � SITE REVIEW 18.72.070' Criteria for At -The following criteria shall be used to approve or application ' ' .t a° t :., J applicable City ordinances have been met or wall-6e mef)bylthe r proposed development ;B i, ` °AII'regwrements dfdthe Site`.;Review Cheib er''have 6°eeh met pr will'be w ,'_ >'' " - � . .,:•> "`'met. �'• r. C :•The:dev_elopnient'complies with-the-Site Design.Standards adopted by";, WCity Council for implementation.of this Chapter,,,..,,, D "That adequate capacity of City facilities for water, sewer, paved access to R rand=through the;development;4ectricity,. urban:storm drainage,}and { t transportation cana nd through=thdequate, nd wilhbelprovidedto a yr sublectproperty :(Ord` 2655, 1991) �t," r H - z .r '+,f y , r,-. Y Y'• st �F. .. �, F � � Kfi .t it � -^ •..k1 = x• } � J x •Y 9 1 'F y !! ., t A i f ?k Ph w tt N r'� •3`1'2 at �i iw 4,� ♦ , .: rft4„ �:7 r •1J t tP �t i �Ti a } tt4 ark d � .� Vv •ltr H �.{,. � ti J �Y. t+ ) V. J .. K .) � y it > <. iv.d, f`° t ,`t x' w i Y i{t )t �•Jt� r )'W Vn' ,� i �:- _,j; r}i f ° .""r. W _[.e +�•. e,•,2 Et "j. h f S, C,'.(`3�L e 4J ,•t c•' � S<si{..{ ti. r�• vµ 43 h: f( <. . a 3 ., F .+ �'� ;I. . SS+�� e... F.,. ,r i t . •: ` r ) e t'K t } j 4tp•(LY t(tyEK`E fi� v.5�?��I Ta }�YVb''t V f y � �i 4f '{�.r al �r k� h � N' r I.�k} t ` 5 4> y� �7`,� —4. '. iAy� , :& ` J li _ )� f ,i t�+vf ?''.. t :�x )k �' r t Y+ •� } , .i `"# { ^- !E,: ;}c y ! •.}i. 1 '� r 7 r 'r "3` ! x t �!.• A �r 9 x t r o * t' #a ,. e� tt"vr+ + K t 'j�t 5 r t•- = P.} )•l V f Iry � d � P 4 to aa x r� 4'u� J[ P ,t '1[ t 4_ S f i i '7 $ S�>✓ ,f F V t a' '�i� 4 F4 Yt` 'WJt<t '.YJ i � tx M S �{` eta,, td •rt#. �`B J '� ^t ♦tr�e � x r � r �,li t , .k° � .�fi.r � 1T "42 r�� a T 3 ck J �.. rt•• .i. <v ';, i J ,G ..+r" l} k fS tt I 1t �'�t.5ti Y t' h e a .t yt kt� * < < Y •T t '` th i. 'I e 2 t ? It Ik , !}_ t t � • i 3 .r}i' s+ ) r X t.- t' t lit.. ' ti a` ."< t r t ! .+ft' . ! c. •A" .0 r<T-� F 1 t^y°� S. r �!•A t ti t A�,_ � f �tH pI ! a' r °.:'ll b ,0 1 t< ) yllCiT L I a•.I !K I. • { V L �•5t1 4 , 4:. d �{ .� a :.' .. t ', a .•�: kr2 �'`t ! I ( 1 t : i y i ✓ lam. 1. 1 rr r r' ASHLAND STREET TREE COMMISSION SITE REVIEW (� ^ Applicant Agi�J0_,y\Se* _ Datela Address S(5-� ( �,lJ�-tkQ,(— Commercial ✓ Residentialt� Proposed Action: Recommendation: M°-'- 4 Street Tree Commissio Representative Date Follow-up: 7d �9 � _ • �a� o " 4doa v • , „� , .,� , ;r w ?•:„ , ' ` a � J f aQ •D . 9 .� t 1 •• .��.� r � r r• r. ,�.*. < yS ppp i. d s a a� "n/ . C� � / i= {-�� i::•�.H91�; iw � �, . i , Ag eemw r \ B Y B M/ eu / RRCC 0 R,i f� C � 1 T O s + ► I( .' f Orr :C e l C mnc 1 — am ffi 0 27.W f m ee Tr:°R I TOM Am - 10,901 ffi oar .. ni Y Rlra Rte:. x 'C __�_` .. x �&SGE 6170 ffi 0 f0.10'. 5ez CC _____�... C N e e Q ' C C A. TRAMS eG Jiui "' TRAM F! Y A b YC ------ _ I C /C C C ° I — ____ C Y I I Y Y 6 I 7 T/ eTWu e s�. �i OftOlo AI!ATReftt.1' --�p� .a nc wro . Wpfe, rPOM17e9 q _ ' tah Ni0 � + ETIi�10 Y ii "GD' Y LQ�@7G C—t I 1� P L A N N I N G A C T 1 0 N (Notice not received. ) TO Aforo Address: r t�c0 A.SZ41V : Applicant ro �1180 FIR S �RTW4' P C.I JOX ,-T-.RTAN CH./ASI-I DR. 9-11Z-11 y aa ❑ §§ @ t 6 �gg ld o Yo o y e 3 @ e E 3 P 6 N � ®® C 0 •' x F ! a t j 1 r - I Iki r 1A R• l 4 r @ • 1� 11 - � I i-I)", i7l4- /�jS M LL 1. a i Yt ♦ � r j�l!�IIIIII 'I I!�i I1!I �. __�� II IIi��� MRR•9qq !i III III �I�� � �1 r'!��i I I�I ■�a �= �r�F, r�f s loll rar ' iTl:ru li I B!■! � C II CSCff. a. *I �!C rG I ■ l lies � �V�JiI .■fi�I•Mi ' �'� r ' .!i 4w3 ^n; ■ ' ■ ,; III r Zia MIN r� 1l •I I� tt �a'c �al lip, w• „I ru .. o co LLJ o =1 U Az u —Jjl=_ in n C / lamlL ,11. s i l l I l 5 e 71 lot i o • - � +i a i. � i Si � 1 i k A .•;�p �. # A � 8 1 � 1 C' Y OF ASHLAND PLANNING 'PPLICATION 77 :4�of �sN4i. Type Date Received File No. Filing Fee Zoning Comp Plan Designation Receipt # /9G� APPLICATION IS FOR: ❑ Minor Land Partition ❑ Outline Plan (# Units ) ❑ Zone Change ❑ Variance ❑ Final Plan ❑ Comp Plan Change ❑ Conditional Use Permit 9, Site Review ❑ Staff Permit ❑ Boundary Line Adjustment ❑ Annexation ❑ Solar Waiver Application pertains to of the Ashland Municipal Code. chapter, section, subpart APPLICANT Name 1,10t"X �Ihr.] Phone 2.74- (oZbCo Address4aF450 S . l'7b{,V7 SU tTCZ- ZI01. Pbvej"&VOpo _ °t� 2 01 PROPERTY OWNER Named 11 re-Fa 4=i fJrA � ALgY, E SGti7 Phone 5S5-91 3-1 Address 7_980 YYIC't la()Ur2 UN. X17504 SURVEYOR ENGINEER ARCHITECT, LANDSCAPE ARCHITECT (may need to use back page) Name ��G�411'�i.�1C. r;bi1:D4►V W61&�. _ Phone 488-071 c1 Address /j,0e5 StS k l Lfou 13L yo QS i4,LA/y">t or�.c-4y&j G7SZd DESCRIPTION OF PROPERTY Street Address /570 SlSk1 `'IOU C3LV12, A4SI� A Q 0/ 01t&,1_r0 fV Assessor's Map No. 39 1 E 15-6A Tax Lot(s) ,90 When was the above described property acquired by owner? On a separate sheet of paper, list any covenants, conditions or restrictions concerning use of property or improvements contemplated, as well as yard set-back and area or height requirements that were placed on the property by subdivision tract developers. Give date said restrictions expire. FINDINGS OF FACT Type your response to the appropriate zoning requirements on another sheet(s) of paper and enclose it with this form. Keep in mind your responses must be in the form of factual statements or findings of fact and supported by evidence. List the findings criteria and the evidence which supports it. 19 I heraby cot fily that Uto SIR k ncnts and iniru.,trrtiorr cantairurd in this apprication, Including the enclosed drowinys and the required linr.iirry s ot foc(, are in all respects true and correct. I understan that all property pins must he Shawn on the drawings and visible upon site inspection. In the event rile pins tyre not shown or their louwian loom/ to be incorroct, the owrrr_r assumes full responsibility I further undonstand that if (his request is strhsequen(1y contested, tho hurdon will be on me to establish: i) (ha( I produced strfficiant Inr:trrrd evidence of Ilia hearinh to support this request; 2) (hat file findings of lacf fofrrisihod justifies the granting of the roquost; 3) !11,11 the findings ref fa(,i lotirished by lire are adequate; and further 4) fhaf all stiur.(ures or itnproven1was are properly locatod on the ground. Failure in th;s royard will result rnosr l)kefy in nor only the request being set aside, but also possibly any structures bcirry built in rcriiance (hereon being roquired to be removed at my expense. if I hav, any doubts, I arrr advised to sack eonrpctenr frroross;utinl adv;i:e Will assistance. Applicmlls's Sim• Date . As owner of the property involved in this request,reuest, I have read and understood the complete applica(;on and its cotrsequoncaS to lire as ;+ properly owner. 1'ropoly gwner;'ti'. 7. ' urc Datc NUIICIi, $'echoes )5.04.240 (mile Anhlu,tri AAturirtpal C(nie prohibits the occrgrancy of a balldurg or a release rrtililics pries ru the issuance. of rt C:erti)R:nre uJ Urruparr(.-y by fire. !funding Division AND the l�o►t of all zoning requirerrnerrr.v and conditions unposed ht• fl+r; Planning Cnnmrisaien ilM.IsSS a satisfactory a 0►ntartCP. bond has been posted to ertstire ,:ornplc(iun. Vi(II,AI7UNS nia), reside in profecutio►t andlrrr tlisconnec(ipn nJ trrililiev. ----------------- ----------------------- -------- - - ----- r----- --- ----------- ------------- TOTAL-------------F a ^ e e c s $• c • o e ^ t e4 ! p Tj 9 E � 0 • Aw AM 36 ♦ A ❑ �� � _ J� srwv n �t m m s ■ � R il� � CY) lei V �� CO CD m INV fill a *LM I 04 vV Ama,i ret V 0 I Est; Wail PA, .139 H i. SM mgm H i tn7 �7 IBM NMI! JIM ` i I Or I im:I NIKKEI[ KECEIVED AUG 7 1998 5UMMARY OF PROP05ED IMPROVEMENTS FOR THE HILL5IDE INN 1520 515KIYOU BLVD A51-ILAND, OREGON 8/7/98 HIStORY: The Hillside Inn, an existing motel property, has been located in Ashland for over 50 years. The property is located on the Southwest corner of 5iskiyou Boulevard and Walker Street on approximately 1.24 acres. There are seven buildings currently on the site. The buildings in the rear of the site were built nine years ago and have a total of 24 rooms. The group of buildings in the center of the site were built 20 years ago and have a total of 6 rooms plus storage and a laundry facility. the manager's house and office facility have been on the site since the motel originated many years ago. GOAL5: Over the years,the motel has operated on an "almost" break even margin. Its ability to rent the rooms out in the off season months as studio apartments has been the only means of keeping it afloat. The marginal success of the motel is due partly to its location, its visibility and partly to the overall aesthetics of the individual rooms and site. Even trying to operate a motel in a great location with up-to-date furnishings and amenities can be shaky during the shoulder months in Ashland. Upgrading the older buildings on the site, which are in need of extensive repair and redecorating, would help with some of the curb appeal, but the location and visibility still play a major factor on the marginal success of the business. The intentions of the applicant are to raze the older buildings on the site and construct a new single story commercial building in its place. In addition,the applicant would like to convert the newer 24 units at the rear of the site into studio apartments. This would be an easy conversion as the units are already set up with kitchenettes in the rooms. RECEIVED AUG 7 1998 CRITERIA FOR 51TE REVIEW FOR THE HILL5IDE INN 1520 515KIYOU BLVD A51-11-ANP, OREGON A. All applicable City ordinances have been met or will be met by the proposed development. The site plan meets all the requirements of the C-1 zone and the City ordinances including get backs, parking, covered bike parking, building coverage, building heights and landscape. The property, which io located on the 5outhwect corner of 5iskiyou Boulevard and Walker 5treet, io in the C-1 Retail Commercial District zone. In the C-1 zone, many retail and commercial business types are permitted outright. Included in these are "gtorco and ghop5" which is what the applicant is trying to target. The existing 24 motel units at the rear of the property, which are proposed to, will be converted into studio apartments and are permitted outright under the"5pecial Permitted UgeS' in the C-1 zone. These units will meet all the criteria of this section which includes the requirement that 10 percent of the units (2) will be affordable for moderate income tenants. In the C 71 zone, there are no minimum lot areas, width, coverage,front yard, Bide yard or back yard requirements. Under the "5pecial Permitted UgeS' in the C-1 zone it ig required that"at least 65% of the total gross area of the ground floor, or at least 50% of the total lot area if there are multiple buildingg, shall be designated for permitted or special permitted uses, excluding regidential". This project meets both of the these requirements along with other City requirements as shown on the attached site plan. In the C-1 zone under General Regulations "no minimum lot area, width, coverage (except under 5pecial Permitted Ugeg ag stated above), front yard, side yard or back yard is required. Also, no structure shall exceed a maximum height of 40 feet. The highest point on the proposed building is 25 feet. Not having any signed lease arrangements,the required parking for the proposed building is based on "retail use" using 1 space for every 350 square feet of floor area which calculates to be 31 spaces. The existing 24 motel units, which are proposed to be converted into studio apartments, would require 1 space per each apartment or 24 spaces. A total of 55 spaces are required and a total of 55 gpaceg are shown which include a credit for one on gtreet parking space on Walker 5treet. There are 3 accessible parking spaces required and they are shown. There are 11 bicycle parking gpaceg required based on the 55 required vehicle parking gpaceg. Fifty percent (6) of the gpaceg are required to be covered. The site plan ghowo 8 covered gpaceg at the rear entrance and 4 uncovered gpaceg along the sidewalk which rung parallel with 5igkiyou Boulevard. The C-1 zone require515% landscaping and the applicant i5 providing 25%. The 51te Review 5tandardo require a .35 floor to area ratio and the proposed buildingg have a .38 floor to area ratio based on the designated area for the permitted use. P--s :, .. ECEIVED AUG 7 1999 B. All requirements of the 5ite Review Chapter have been met or will be met. In reviewing the 5ite Review Chapter, it is believed that all requirements have been met. In this chapter, the landscaping area required for the C-1 zone is 15%. The applicant proposes to provide 25% which will be visible from public right-of-ways and will also provide a buffer from adjacent uses. The landscaping will all be irrigated and maintained. The parking lot landscaping will have well above the 10% required and will be a proper mixture of deciduous trees and shrubs. There will also be at least one street tree ever 30 feet as show on the attached landscape plans. A recycling area, as required in the Site Review Chapter, is located in the rear of the property adjacent to the proposed studio apartments. The area is enclosed with a 6' high wood fence and gate and contains 2 containers; one for recyclable products and the other for trash. The area is well screened from adjacent properties. There is an existing 24 foot wide curb cut on 5iskiyou Boulevard which is approximately 28 feet Northwest of the Northeast property corner. This curb cut will be closed off and a new 24 foot wide curb cut will be installed off Walker 5treet, 82 feet South of the Northeast property corner at the curb. The 76 feet is to the beginning of the curb cut. The Site Review Chapter, under"Controlled Access", requires driveways on collector streets (Walker 5treet) to be 50 feet from an intersection. The other existing 24 foot wide curb cut, which is also located on 5iskiyou Boulevard , is approximately 254 feet Northwest of Northeast property corner at the curb. This is well beyond the requirement for driveways on arterial streets (5iskiyou Boulevard) to be a minimum of 100 feet to any intersection. There will be no direct light or glare projected on the proposed studio apartments or on any of the adjacent properties which are also zoned C-1. The proposed lighting will consist of low pole lights and landscaping lighting designed to cast downwards to the ground. All conservation measures will be taken into consideration in the design of the proposed project including water, electric and gas. No disc antennas are proposed for the project at this time. C. The development complies with the 5 1te Oeslgn Standards adopted by the City Council for implementation of this Chapter. On August 4, 1992, the City Council adopted 5ite Design and Use 5tandards (referred to herein as the "5tandards"). To comply with the 5tandards, this project must satisfy both the Basic 5tandarcd6 (5ection II-C-1), the Detail 5tandards (5ection II-C-2) and Large Scale Projects (5ection 11-C-3). RECEIVED AUG 7 1998 Basic 5tandard5 (section 11-C-1) Section II-C-1a concerns building orientation and scale. The proposed project consists of two separate buildings that are connected with a common roof that covers a walkway between them. Both buildings have the flexibility of being divided into multiple spaces with each having an entrance facing 5iskiyou Boulevard directly off the public sidewalk that parallels the Boulevard. All of the entrances are within 30' of the sidewalk and are designed to meet handicap accessibility requirements. Each entrance will be articulated with attractive awnings. Although there are no contractual agreements with future tenants at this time, it is the applicant's intent to have the businesses open to the publio:during all business hours. Section II-C-1b requires one street tree for every thirty feet of street frontage. This requirement has been met as shown on the attached landscape plan. Section II-C-1c requires the use of low water trees and shrubs. As shown on the landscape plan, low water trees and shrubs will be planted. Section II-C-1c also requires the installation of an irrigation system. The landscape plan provides for a drip irrigation system. Finally, Section II-C-1c also requires that efforts be made to save as many of the healthy existing trees as possible. The C-1 zone is a commercial zone which is zoned for a much higher intensive use and in order to make the economics of the this project work; and to meet the floor to area ratio for a single story building, a certain size of building must be placed on the site. In doing so, some of the existing trees must be removed. The applicant will make every effort to maintain as many existing trees and shrubs as possible while trying to achieve the necessary square footage. He has also agreed to work with a consultant to look into the feasibility of relocating any of the existing trees and shrubs to other locations on the site. It should be noted that even though some of these trees will be removed,there are still many existing trees that will remain that are large, healthy and well established. Section II-C-td requires parking areas to be located behind the building or to the side. All of the parking is located either on the side or in the back of the new buildings. There is an existing parking lot on the West side of the new building which will be added to. The existing drive behind the structures will be re-configured, re-graded and re-paved to adapt to the new configuration. Much of the existing landscaping along the parking lots provide shade and buffer from non-residential uses. All new landscaping around the parking lot will provide shade with deciduous trees which will also buffer and screen. Section II-C-1e is not applicable because the property does not contain a creek or riparian area. �s RECEIVED AUG 7 1998 • 5ection II-C-1f concerns noise and glare. There will be no excessive noise or glare generated by the use of the proposed building. 5ection II-C-g concerns expansions of existing sites and buildings. The proposed studio apartments will not be expanded in any way. All other existing buildings will be razed and replaced with a new structure. That portion of the site will be upgraded to meet the requirements of the Basic Review 5tandards. Detail Standards(Section 11-C-1) 5ection II-C-2a concerns building orientation and scale. Based on the designated area for permitted use the floor area ratio is .38, which is above the .35 minimum required. The two buildings connected with a common roof have frontage that is over a 100' in length. There is a 3' change in the finish floor elevation between the two buildings. The buildings also have offsets, angles, and jogs as shown on the site plan and on the exterior elevations. There are display windows along the entire North elevation which faces 5iskiyou Boulevard. In addition, there are two entrances shown, one for each building. Depending on how the spaces are leased, additional entrance doors could replace some of the windows. There are also display windows and entrance doors on the 5outh elevation facing the patio and on the West elevation. The total area of windows and doorways is well over the 20% required. There is a change in mass, surface and finish at each entrance and the entrances are covered with an awning which protects pedestrians from the sun and rain. The entire frontage of the site is infilled with the building leaving no voids between the structures. 5ection II-C-2b requires "hardscape" paving material to designate "people" areas. "Hardscape" is defined to include unit masonry, scored and colored concrete and grasscrete. As shown on the site plan, a hardscape path connects the public sidewalk to the entrances of the building. Should more entrances be required due to the leasing arrangements, additional hardscape will be added. The site plan also shows a hardscape path connecting the proposed studio apartments to the walkway that separates the two buildings and connects to the public sidewalk along 5iskiyou Boulevard. The hardscape will be a tan colored, scored concrete. The color and pattern will be coordinated with the City's standard specifications. 5ection II-C-2b also requires buildings to be set back no more than 20'from the public sidewalk. Well over 25% of the two buildings are within the required 20'from the public sidewalk. 5ection II-C-2c, concerning parking and on site circulation, does not apply because there is not one parking area on the site that has 50 or more parking spaces. The one area that is over a 100' in length is part of the existing parking lot on the West side. The F6 ,DECEIVED AUG 7 1998 parking is spread out on the West and South sides of the site and separates buildings , and landscaping. Item C. concerns Developments over 1 acre. The designated area for the permitted use is less than 2/3" of an acre. Even so, all pedestrian walkways link directly to entrances and the internal circulation of the building and will be provided with sufficient light so they may be used by night employees, residents, and customers. Section II-C-2d concerns buffering and screening which requires landscaping to buffer and screen parking lots and incompatible uses. This requirement is satisfied because the landscape plan shows landscaped buffer areas on all sides of the proposed buildings, parking lot and proposed studio apartments between the buildings, parking lot and adjacent properties. The existing parking lot entrance on the West is also buffered from 5iskiyou Boulevard with new and existing landscaping. 5ection II-C-2e concerns lighting standards greater than 14' in height along pedestrian path ways. The standards will be scaled for pedestrians being no greater than 14'and all lighting will be directed downward. 5ection II-C-2f concerns building materials, colors and changes in relief. The building materials will consist of a brick veneer base and synthetic plaster walls with awnings over the entrances and many of the North facing windows. No bright or neon paint colors will be used to attract attention to the buildings. The buildings will have a cornice detail at the top of the parapet wall and at the top of the windows which will run as a band around the entire perimeter of the structure. The multitude of angle changes, offsets,fenestration and relief well exceeds the 15% required. Addition Standards For Large 5ca/e Projects (5ection 11-C-3) 5ection II-C-3a concerns orientation and scale. The two buildings, one being approximately 5700 square feet and the other 5200 square feet, have a 3'difference in finish floor elevation and are connected together by a common roof with a sky light over the walkway between the two. The buildings are both single story, of human scale and have many changes in mass, direction, sheltered entries, a distinct pattern of divisions on surfaces along with many trees and windows. The lighting as discussed above will be of human or small scale lighting. These proposed buildings do not exceed 45,000 square foot or a contiguous building length of 300'. The buildings are connected by a common roof with a sky light walk between them. The interior parking lots will incorporate curbs, sidewalks, street trees, and human scale light standards. 5ection II-C-3b concerns public space. There are 2 outdoor patios along with several smaller plaza type areas which meet the 10 square foot per gross floor area. Both of the patios, one on the North and one on the 5outh, are designed as outdoor areas and will feature tables with umbrellas. The patio on the North side will receive morning and some late afternoon sun, but will be shaded by the building during the noon hours. The �7 • RECEIVED AUG 7 1998 patio on the 5outh side will receive early morning and early afternoon sun. This patio will be shaded from the noon sun with deciduous trees which will let the Winter sun in. The North patio will also have deciduous trees to protect it from the West sun. Both patios will be protected from the wind by the buildings. The other smaller plaza areas will incorporate bench seating. Section 11-C-3c concerns transit amenities. There are 2 bus stops in close proximity to the site. One isjust East of Omars Restaurant, which is not sheltered, and the other is at the corner of Highway 66 and Walker Street, which is sheltered. Section II-C-3d concerns recycling. There is an enclosed recycling container located at the 5outhwest corner of the site as shown on the site plan. O. That adequate capacity of City facilities for water, urban-form drainage, and adequate transportation can and will be provided to and through the subject property. The property is presently and adequately serviced with water, sanitary and storm sewers, gas and electricity. The water, sanitary and storm sewers and gas are located on 5iskiyou Boulevard. There is a existing curb inlet located just East of the existing West drive and another at the access on Walker 5treet which will need to be moved slightly North. New catch basins with oil separators will be located on the site and connected in the existing storm drain system. The exact location of these will be determined by Civil Engineer during the construction document phase. Presently, the underground electrical service comes off a pole that is located on Walker 5treet as shown on the attached site plan. The service runs to 2 existing transformers on site which will need to be relocated. The property is located in close proximity to both city police and city fire protections. The proposed structure will require some upgrading of the existing utilities, but the proposal will not adversely impact the capacity of public facilities and services. The proposal will result in the relocation of an existing access driveway. An existing curb out which enters off 5iskiyou Doulevardjust West of Walker 5treet will be closed. A new 24 foot curb cut, which enters the site off Walker 5treet, will be located 30 feet North of the South property line. This new location will be a great improvement on safety for pedestrians and vehicle traffic using the intersection at 5iskiyou Boulevard and Walker 5treet. This new access will also significantly improves the traffic patterns to and through the property. During pre-app, the idea came up of moving this access even closer to the South property line or possibly sharing a curb cut with the neighboring property. These were not practical solutions due to the 6' or more grade change in elevation. C !7 I • MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL December 15, 1998 Civic Center Council Chambers, 1175 E. Main Street PLEDGE OF ALLEGIANCE Mayor Shaw called the meeting to order at 7:00 p.m., in the Civic Center Council Chambers. ROLL CALL Councilors Laws, Reid, Hauck, Hanson, Wheeldon and DeBoer were present. APPROVAL OF MINUTES Regular meeting minutes of December 1, 1998,and Executive meeting minutes of December I, 1998 were approved as presented. SPECIAL PRESENTATIONS& AWARDS 1. Mayor's Proclamation declaring January 9, 1999,as"Christmas Tree Recycle Day in Ashland." Mayor Shaw read the proclamation in its entirety. CONSENT AGENDA 1. Minutes of Boards,Commissions and Committees. 2. Monthly Departmental Reports. 3. Confirmation of Mayor's appointment of Lowe Ann Belford to Senior Program Board for a term to expire April 30,2000. 4. Confirmation of Mayor's reappointments of Darrel Jarvis, Tom Giordano, Darrell Boldt, Dale Shostrom and Carol Horn Davis to Building Appeals Board for terms to expire December 31, 1999. 5. Approval of Liquor License Application from Julie T.Aldwell/Tera M. Wood dba/Whistle Stop CaN &Catering Company. Councilors Hauck/DeBoer m/s to approve consent agenda. Voice vote: all AYES. Motion passed. PUBLIC HEARINGS 1. Public Hearing,Staff recommendation and City Council motion regarding the City's long-term water supply. City Administrator, Mike Freeman, gave synopsis, recommendation and background information from the memo submitted to council regarding the City's long-term water supply. PUBLIC HEARING OPEN: 7:10 p.m. Bob Arago/370 Courtney/Voiced support of staff recommendation and urged council to vote yes on recommendation. Mary-Kay Michelsen/2810 Diane Street/Opposed inter-tie to Talent. Shouldn't look at growth as something that has to happen. Feels there is a lot of conservation methods that could be done, along with working with Talent Irrigation District. She doesn't see a need to hook-up with Talent. Joanne Eggers/221 Granite/Feels there are many unknowns at this time and acknowledges that council has a hard decision to make. Requests that council listen to individuals in the community and take more time to research the issue. Russ Silberger/562 Ray Lane/Doing nothing is not sustainable and is in favor of inter-tie. Bob Taber/97 Scenic/Recommends not voting on any recommendation that involves taking water from the Rogue River. Feels this is a threat to the eco-system and diminishes the health and degradation of the eco-system. Urges council to look at options that keep water resources in our community. Shouldn't use water as a control mechanism for our city. Feels citizens have a right to dictate what happens in their community. Should be able to tell the State what City Council Meeting 12-15-98 1 size our city should be and how we use our water. Stated that subsidized growth for 28,000 new homes is a financial burden,which is unfair. Urges council to not vote and open the door for growth. Doesn't believe that the public has had a chance to look and review option seven from the Medford Water Commission. Rick Nagel/450 Siskiyou Blvd/Representing Chamber of Commerce,read statement by members. Ashland Chamber Board feels that the water inter-tie is a good solution to emergency situations. While the board felt it was important to secure water rights, they also felt it was important to utilize the other three options. Felt there was a need to keep the Ashland residents and business owners secure in emergency situations. Urged council to endorse water inter-tie option. Cate Hartzell/881 E Main/Feels the council has not had time to understand the problems that face them. Sited several things that she felt was information that the council did not have to make a decision. Feels without this information council could not make a coherent plan. Urged council not to make decisions based on pleas of emergency. Stated that there is no current water need in Ashland,and to only invest in Ashland's infrastructure. Commented on the investment of$8 million and that there are better things to invest in for our own infrastructure. Commented on storage capacity below Reeder Reservoir that was recommended by the Water Advisory Group. Requested that council explain their rationale based on their decision that they make this evening. Jim Moore/1217 Park Street/Commented on how the WAG was unable to come to any consensus because of the complexity of the issue. Explained his background in science and how after researching the issue, it has shown time and time again that taking the most least expensive solution doesn't take care of the problem. Reviewed options to temporarily take care of the problem through conservation,TID etc. Looking at the long term,utilize Lost Creek Dam which is available. Solution may not be available 50 years from now, but is available now. Should utilize and take advantage of resources available now,growth should be addressed through our comprehensive plan,not,the water issue. Tom Kennedy/209 Crowson Road/Read statement which noted our current water supply needs and noted our needs to connect to the water inter-tie,which he stated may not be available to do in the future. Commented that growth is a different issue,and that the issue is water supply until the year 2050. Believes that environmentally, the inter-tie is good. Stated that with conservation and education,there can be environmental improvement. Stated that if something would happen to our water treatment plant,we have no options for water supply. Commented that other options should be followed up on as time and money allow. Commented on how the water in Shady Cove was not a contributing factor in growth because they have no water. Ron Roth/6950 Hwy 99S/Submitted packet to council which gave irrigation water amounts compared to treated city water. Commented that he has been told that we need a 20%reduction in peak demand 52 years from now. Packet included previous articles involving usage of treated water,prior year photos with comments about water supply. Noted information on cost of water from the city utility department on large water users;commented on the differences of costs associated with treated water, irrigation (TID)water and Medford treated water. Would like to see the council say no to what he referred to as"California methods". John Fields/845 Oak/Commented that if we all started to drink treated sewage water it may be a way to discourage people from moving here. Commented on the duplicate system that is a backup system by TAP. Knows that there is lots of water and many different resources. Commented on the emergency situation if we lost our water treatment plant and how we have no solution to water supply if that should happen. Commented that there are other similar situations with other city services. Issue is that the pipe is going in now and a decision needs to be made now. Not in a rush to connect to pipe,as$8 million is a huge expenditure for an insurance plan. Recommends that we buy into TAP, feels that time is running out,and that there is large sense of concern that we will be left out and will not have this chance again. B.G.Hicks/190 Vista/His critical issue dealt with the Ashland Creek Water Shed. Commented on his involvement and appreciation for this terrain and what his background of expertise is. Believes minimal water supply is necessary for emergency needs,as a separate source of water would be valuable insurance against a seismic event. Current issue of inter-tie is due to lack of water storage, commented that water shed supplies the water supply, but has no storage capacity. Canyon storage may be a simpler solution. Agrees that there are potential problems,but these have been dealt with in the past. Understands rationale for inter-tie, but for emergency purposes only. Paul Copeland/462 Jennifer Street/His concern of spending$8 million for an insurance policy. Feels that citizens are being rushed to make a decision before all the options are presented and knowing what the right decision is. Feels that the real answer lies in the Ashland Water Shed for future storage possibilities. City Council Meeting 12-15-98 2 Susan Hunt/220 Nutley/Commented on table of impact on water options which was handed out by Director of Finance. Feels that Ashland does not need the water supply now. Commented on how water rates would go up in the near future by 25%, requiring citizens to pay for water now that isn't needed until the future. Phil Selby/550 Ray Lane/Commented on how not too long ago,the city was faced with hooking up with the Bear Creek Sanitary and used this as a comparison for current issue. Feels it is wrong to not look at this as a valley issue. Would like to see inter-tie move forward. The idea to pay now for our future is a good idea,and is a benefit for the future and future population. To notjoin would be short-sighted. Rick Landt/PO Box 874/Submitted letter to council with concerns related to the council's consideration of water options. Should focus on options that focus on taking advantage of gravity,not work against it,used example of water running downhill. To move forward on sustainability, and to save money on maintenance costs, like electricity. Commented on problems with Neil Creek and suggests that this be looked into further. Commented that he is not generally in favor of dams. In this instance,after all environmental costs are considered,believes that it maybe a viable option. Questioned if environmental costs had been considered in global perspective. Commented that Ashland does a great job of conservation,and that there are many opportunities for further significant water conservation. Evan Archerd/120 N 2"/This is an opportunity to secure reasonable water supply at reasonable water costs, and the City should take advantage of it. Need to look at the welfare of future generations. PUBLIC HEARING CLOSED: 8:10 p.m. Councilor Hanson commented that while storage would be the most viable way to address water needs,environmentally it is not feasible. Given that, the intertie to Talent is pro-active and cost effective. Recommends that City take opportunity that has been presented and pursue option 44, all-out City participation in the TAP project. Councilor DeBoer supports staff recommendation in up-sizing to Talent,looking at securing water rights to Lost Creek Reservoir, and looking at option #7 to work with the City of Talent. Emphasized his support of the staff recommendation. Councilor Laws commented on the excellent information that has been given by consultants and staff,and the thoughtful consideration of this issue by members of the community. Concluded that there is still along list of questions that need to be answered before the ideal decision is made, but it will be years before these questions can be answered. Noted these issues involve growth,weather patterns,conservation,future state and federal regulations,legal decisions on this issue,feasibility of additional reservoirs,and future costs of reclamation. Originally wanted to wait to make a decision, but that would mean possibly losing some of the available options. Suggests deciding to upsize the pipe to Talent,as recommended by staff,to keep all of the options open and allow time to make the right decision in the future. Councilor Hauck commented on statements made by Jim Moore about the environmental pro's and con's of the TAP project. Feels that the staff recommendation is the best option at this point. Allows the opportunity to leave options open,answer necessary questions and rely on available resources. Councilor Wheeldon questioned staff report on cost of different options and how costs would encompass costs for future needs. Director of Finance,Jill Turner, explained that this would be determined by what decision is made by council. Explained that she used the dollar numbers cost of operation and converted these to rates, but that timing is uncertain as to whether it would be now or in the future,depending on what option was chosen by council. Noted that water rights would have a purchase price and probably a maintenance/operations fee as well. City Administrator Freeman noted that costs would be$1.2 million to upsize the pipe,$1.3 million for systems development charges,and $1 million to purchase water rights. The systems development and water right purchase could be significantly later in the process. Explained that System Development Charges would be figured into the costs in the future. Questions regarding how to secure water rights and the process involved will need to be explored further,as details are uncertain at this time. Wheeldon would prefer to avoid the TAP project, as so many other viable options are available. Cited storage and reclamation as real possibilities that should be explored. However, given the uncertainties of the next 50 years feels that the TAP option needs to be left open. Not in favor of taking all our water from the TAP project, and likes the potential of the TID option;feels the City should commit to these types of options. Recognizes people's concern about opening the door to growth,and feels that this has started a good debate. Her choice,under duress,would be to accept staff recommendation and support the inter-tie. After a decision on TAP participation,the City needs to aggressively City Council Meeting 12-15-98 3 look at what the next steps are,and plan on using sustainable options. Emphasized that she is not in favor of using the ' TAP in the immediate future. Councilor Reid commented on the amount of mis-information that has been put out to the public. Stated that this has not been a decision that is being made quickly,as the issue has been considered for nearly four years,and this decision itself has been worked on for over a year. Feels that this is an option to be kept open for the future and supports staff recommendation. Would like to see continued progress in looking at other options,though federal regulations would likely prevent pursuing additional storage in the form of dams. Council Laws commented that the reason dams were being taken out had to do with fish issues. Noted how the speakers were evenly distributed as to their points of view, illustrating a lack of consensus on this issue. Feels that the decision the Council is leaning toward will be almost unanimous, but will only be to keep options open. Emphasized that this will allow the community to work toward consensus. Councilor Wheeldon emphasized that the Council is not putting off a decision,or taking this matter lightly. Feels that this is a big step and not a"non-decision",and that there is a lot of work to be done once this decision is made. Feels that it is important right now to begin to make a master plan while we have the information and to continue with our progress. Councilor Hauck agrees with Wheeldon and looking at all the internal sources is important. Tonight's decision will mean aggressively pursuing looking at internal sources before looking at other options for water supply. Confirmed that Councilors generally are in agreement to make a decision and then continue to look at the options. Mayor Shaw commented on the appreciation of the community input over the past months and years. Stated that this has been a difficult issue and that the community response has shown both the level of concern in the community and how attentive the community has been to the issue. Commented on concerts that there may have been some belief that growth would shape this decision. Used the example,by Tom Kennedy,of Shady Cove with 100%growth despite lack of water. Emphasized City's efforts to mitigate the effects of growth,and noted the Land Use Rules and Guidelines that require the City to accommodate growth. Limits on available water will not have any effect on limiting growth. Thanked the Council,consultants and the community for their contributions to the process to date. Councilors Reid/DeBoer m/s to approve the staff recommendation. Roll call vote: Laws, DeBoer, Hauck, Hanson, Reid,and Wheeldon, YES. Motion passed. PUBLIC FORUM Cate Hartzell/881 E Main/Called attention that at the next meeting, the Parks Commission will make a request to waive bidding requirements. Requested clarification of and history of waivers for bidding requirements. City Attorney Paul Nolte explained the rules the council adopted involving construction the limit is$25,000,but does not involve personal services. For services,such as an architect or other professional, the limited amount is$15,000. UNFINISHED BUSINESS 1. Presentation and Council action regarding the implementation of measures for changes to the Local Improvement District(LID) process. Director of Planning,John McLaughlin presented to council a synopsis and recommendation for changes to the Local Improvement District process. Explained that council had accepted the Ad Hoc LID Committee report, and directed staff to address funding and ordinance implementation. The report recommended that the City participate in LID's at 40% of the total costs, that assessments be based on potential units, that deferments be allowed, and that a cap be established for lots of$4,000. Stated that changes to the City's LID ordinance and anew resolution outlining the City's policies regarding LID's have been prepared,which set into place the recommendations of the committee. Discussed the financial options to address the City's participation,using a combination of methods to meet the estimated needs. Using the city's match on different street components, with the $4,000 cap per unit, the city match for improvements for streets over the next ten years would be about $1.5 million, which would require raising about $152,000 per year. To raise that amount,a 20¢ increase in the monthly stormwater utility fee is recommended,a 30¢ increase in the transportation utility fee,and a$125 per unit increase in the transportation system development charges for new residential units and an $88 per unit increase in the stormwater system development charges. This would combine with the$233,000 set aside by council would meet the needs for street improvements over the next ten years. City Council Meeting 12-15-98 4 Wheeldon questioned the City's lands in the projects over the next ten years that would result in additional cost to the City. McLaughlin explained that the amount of City lands involved overthis timeframe is negligible.During the second ten year period, there would be more City involvement. . 33100 of 10,6" Councilor Wheeldon stated that the$233,000 set aside was to be a payback to the sidewalk fund,and was not to be included in this project. Expressed concerns that the sidewalk retrofitting policy needs to be retained. Suggested that money needs to be put aside annually for the system plan,and for the consideration of other goals, including bicycle paths and railroad crossings. Happy to see that SDC's can be used in this way. McLaughlin noted that the amounts discussed are relatively small amount compared to overall SDC's Wheeldon questioned wording used regarding cost allocation under number four in the neighborhood planning process. McLaughlin commented on how neighbors have different ideas about development and how costs are shared. Wheeldon questions whether this opens the process to unnecessary"poking"? Discussion of whether language used opens the issue up too far,or merely gives opportunity for comment and discussion of the potential units. Describe how this changes the handling of street paving and LIDs in general. McLaughlin explained that there will need to belong range planning in the capitol improvement plan to meet with neighborhoods and determine which streets will be paved. With the City's match in place, the City will want to move forward with LIDS. Emphasized the need to recognize that there will be remonstrances,but that improvements will be made after the six months remonstrance period has passed in order to complete the list of projects over the ten year planning period. Commented that there is heavy staff involvement in the street paving process,and priorities will have to be looked at to determine where staff is most needed. DeBoer hopes intention is not to go out and force neighborhoods to form LIDS and pave. Expressed concerns with the thought of expecting remonstrances, and hopes that neighborhoods will come forward to be paved under the new process. Laws suggested that situations will need to be dealt with by future councils as they arise. Reid noted that paving is a goal, but situations will need to be looked at one at a time. Emphasized her desire to take citizen input into account in each unique project. McLaughlin explained that any improvements would fall within the I A}t� street gandards,and that council would have a final decision with regard to any waiver of standards. n L`+.Wheeelldoonn stated that it is important to support staff and recognize that they need to do be allowed to conduct an efficient WWWWW public involvement process. If the City is going to require certain standards, need to be consistent. Hopes that improvement projects will go from being development driven to neighborhood driven. Would like to send resolution back to staff to look for ways to find additional dollars for other transportation projects, such as retrofitting existing �jart, sidewalks. Questioned if there was a need to assign any portion of the$233,000 to other projects at this point. V'm DeBoer stated that if staff recommendations are followed,it would create an opportunity to look at financing issues as part of the budget process. Discussion on further looking at budgetary needs, with Mayor Shaw suggesting the need for clear directives at this point to provide guidance in the budget process. Hauck agreed with Wheeldon that the$233,000 was to help meet certain goals that have not been addressed. Noted concerns with allowing those who pre-pay to retain the right to remonstrate and with superseding previous efforts to repair sidewalks. Will wait to discuss these items, and the 10% discount on current LIDS, when ready to make a decision. Laws suggested that the$233,000 question is a timing question,and asked that City Administrator indicate where this $233,00 went in the coming budget process. Freeman stated that his understanding is that there are three sources of funds that are not tied to specific projects: the $233,000 for non-specific transportation projects, $450,000 for fire stations and$500,000 for water supply. His thinking was to look at those funds as they were available this year,and submit suggestions for projects staff feels merit using these monies. . Freeman suggested that the coming capitol improvements planning process will allow Council to identify priorities for project funding. Hauck stated that it was his understanding that these funds were set aside for the Council to make a decision on their use,and suggested that Council needs to have some idea of funding options to make their decision for the use of that $233,000. Noted that schedule could be extended,or the fee structure increase could be altered. Wheeldon reiterated that the sidewalk assistance monies and transportation project funding needed to be looked at further. City Council Meeting 12-15-98 5 Laws agreed with Wheeldon that the$30,000 in sidewalk assistance funds should not all go into this project. Discussion \, of how to split these funds between projects. McLaughlin noted that in the past sidewalk monies have been used in LIDS and the proposed plan includes a sidewalk match. Wheeldon questioned mechanism which carries lots that are not paying'in,for instance where only one lot is developed when there is a potential for ten. Director of Finance Jill Turner explained that this doesn't happen often. Noted that currently there is no one using the low-income deferral option. Turner explained that the lien would be placed at the first development, and banks would likely not provide any financing until the lien was paid off. Emphasized that in twenty years,she has seen only two low-income deferrals. Very unlikely to have this occur,and the remaining parcels would have few lots to defer. In the rare instance that this might occur, it would be a timing issue as to when the property is deferred, for how long, and this should balance against pre-payments. Feels that this is not an issue with which to be too concerned. Concluded that there will likely be more instances where partitions are required to pre-pay for improvements than deferrals. Dennis DeBey/2475 Siskiyou Blvd./Pleased with the information he has received. Questioned re-zoning of property that might create more lots. McLaughlin explained that the assessment would be allocated out between the larger number of lots, and that the overall assessment would most likely not be increased. McLaughlin stated that he has discussed this issue with the City Attorney,and that the language used should be adequate to address these situations. McLaughlin requested that staff be given some direction with regard to how they should proceed with regard to language, funding, and handling of the four existing LIDS. Mayor Shaw stated that while there seemed to be a general consensus on the approach, there needed to be some clarification regarding funding. Explained that her recollection was that the $233,000 was to be applied toward transportation plan. Suggested that some portion of the budget needs to be committed to the advancement of transportation goals and transportation plan. Wheeldon suggested that some clarification could occur in the strategic planning process. Stated that she does not feel urgency to make these decisions now. Councilor DeBoer/Laws m/s to direct staff to bring back the resolution and ordinance implementing the recommendations of the Ad Hoc LID Committee for adoption,as well as the necessary steps to provide funding in response to the Councils' discussion tonight for the meeting the City's match requirements and to provide a 10% discount to the four existing LID'S, that the Council move to direct staff to implement that discount. Discussion:Wheeldon asked for clarification of the last portion regarding the City's match. DeBoer stated that' his motion was a verbatim reading of the staff's recommendation,with the addition that the funding will be as per Council discussion tonight to avoid using all of the$233,000 discussed. Laws suggested that staff present alternatives for using the$233,000 to meet Council goals and provide information on other sources for funding t LIDS. Roll call vote: Reid,Wheeldon, Laws,and DeBoer, YES. Hauck and Hanson,NO. Motion passed 4-2. � 1 NEW AND MISCELLANEOUS BUSINESS 1. Council Meeting Look Ahead. Item presented to Council for informational purposes. 2. Update from City Administrator regarding Y21K. Brief update on the Year 2000 issue: Project A is working as consultant to conduct an initial assessment which will be completed by the end of December. This will be shared with Council and posted to the web-page. Money has been set aside in the budget th is year to replace legacy system software(finance/payroll/utility billing programs)and this process is well underway. Utilities are working with BPA and Pacific Power to ensure that their planning processes meet with the City's requirements for manual wheeling of power. Water and wastewater systems are reliable and require no electricity to run. Ashland Y2K Preparedness Project requested that Ashland Coalition take a leadership role in helping community understand issues and help package information in an understandable way. They have agreed to produce a web-page,with help from Project A,that will link to all relevant sites on this issue. City Council Meeting 12-15-98 6 ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Reading by title only of"A Resolution Dedicating Property for Park Purposes pursuant to Article XIX, Section 3, of the City Charter(Rob Cain property located immediately above Granite Pit on Granite Street)." Noted that theAshland Parks&Recrealion Commission hadgiven approval ofthis item at their meeting December 14'. Councilors Hauck/Reid m/s to approve Resolution #98-30. Roll call vote: DeBoer, Laws, Wheeldon, Reid, Hanson and Hauck;YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS Reid noted reading the Downtown Ashland Business Association survey response comments. DeBoer noted that he would be absent from the Study Session to be Friday,December 18'and suggested that Councilor- elect David Fine be invited to sit in on this meeting as it is not a decision making session. Shaw acknowledged that tonight would be Councilor DeBoer's last meeting,and thanked him for his hard work on the Council over his term. ADJOURNMENT Meeting was adjourned at 9:48 p.m. Barbara Christensen, City Recorder Catherine M. Shaw,Mayor City Council Meeting 12-15-98 7 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL December 18, 1998 CALL TO ORDER Mayor Shaw called the meeting to order at 12:30 p.m. in the Civic Center Council Chambers. IN ATTENDANCE Councilors Laws, Reid, Hauck, Hanson, Wheeldon, and Councilor-elect David Fine were present. Staff present included City Administrator Mike Freeman, Assistant City Administrator Greg Scoles, City Attorney Paul Nolte, Administrative Services Director Dick Wanderscheid,Director of Community DevelopmentJohn McLaughlin,Director of Electrical Utilities Pete Lovrovich,Director of Finance Jill Turner,Fire Chief Keith Woodley,Chief of Police Scott Fleuter,and Telecommunications& Marketing Manager Ann Seltzer. CITIZEN SURVEYS Administrative Services Director Dick Wanderscheid introduced Tammy Scudder, of Scudder&Associates,who had conducted this survey. City Administrator Mike Freeman explained the agenda and gave a brief overview of how the citizen survey fits into preparing for the upcoming strategic planning effort. Scudder explained that the 1998 Community Attitude and Opinion Survey is to serve as a benchmark for similar surveys in 1999 and 2000. Noted work with staff to determine what was really needed,and the fact that despite the initial intention to use the previous survey for comparison,this benchmark study ended up not using many comparisons. Noted that sampling had been random,with the only criteria being that those surveyed were Ashland residents over the age of 18. Highlighted six key objectives of this research effort: 1)Measure community satisfaction with quality of life in Ashland. 2)Measure the level of satisfaction with the current level of key city services. 3)Determine the community's view of city government and the city council. 4)Identify methods used to gather information about the city. 5)Measure the level of use of RVTD bus service. 6) Explore the level of community awareness with regard to the Ashland Fiber Network. . Explained findings of the study,objective by objective,beginning with the"quality of life"question. Noted that based on the survey results,30%like Ashland for its small town atmosphere,22%for its natural beauty,and 19% for the nice people. 23%feel that life in Ashland has improved in recent years,and 58%feel that the city is moving in the right direction. 52%feel that the city is responsive to community needs. The three biggest issues identified in the survey were water supply(37%),pacing of growth(37%)and traffic congestion(20%). 22%feel that life in Ashland has gotten worse,and 30%feel things are on the wrong track. 57%feel the city is growing and developing too fast. Scudder commented on trends observed among those polled. Explained that demographic statistics were not done, but that this may be needed in future surveys. Suggested that this might be handled by a question on which elementary school district the respondent resides in. Discussed research objective of measuring the community's satisfaction with the current level of city services. On the plus side,63%of those surveyed were satisfied with the overall level of services, less than 20%rated the delivery of any service as poor,40%feel that their neighborhood is safer than it was 1-2 years ago, and 52%feel the city is responsive in addressing the needs of the community and working on problems. The highest rated services were ambulance,fire protection and electric. Ashland City Council Study Session Minutes 12-18-98 1 Negative items for this objective included the fact that the quality of water service was not rated as high as on the past survey,and is seen as on of the biggest issues. Maintenance of city streets received the lowest mean score (3.46). Overall,there is room to improve the mean scores for all city services. Explained that some citizens had not lived here long enough to rate all of the services,and are thus not included in the scores. With regard to the determination of how the community views the city government,41%feel trust,50%are satisfied with the opportunity they have to give input to the city,24%have attended a public meeting,63%have watched council meetings on cable access television,and 35%are willing to participate. 2/3 of those surveyed have had contact with the city in the past year,and 86%rate city staff as highly courteous(highest response in survey). 74%rate the quality of work performed by city employees as good to excellent,and 4%rated it as excellent. On the negative side of this item,24%feel no trust in local government. Stated that there is room to educate the community about how city money is being used. Discussed the possibility of pushing for a response to get beyond the large number of responses that were neutral, but noted that this would eliminate the scale system used here. Suggested that perhaps those areas with significant neutral response were areas where extra effort could be put forth to improve services and/or educate the public. Discussed citizen responses to possible future services such as the Ashland Fiber Network and"green energy". Stated that the concept,and likely higher price,of a"green energy"alternative was explained during the survey. Noted positive responses: that 66%of respondents would like Ashland to offer"green energy"and 68%feel that the city should develop solar power locally. 44%stated that they would be willing to pay more for"green energy", 72%were aware of the Ashland Fiber Network,and 58%identified cable television and cable modem connections as some of the services to be offered. 17%had heard of the Fiber Network,but didn't know specifics. However,while the majority liked the idea of green energy,32%were unwilling to pay more for it. At least among the sample,the feeling is that green energy should be optional rather than mandatory. Concerns were also expressed regarding weather issues, as some felt that conditions were not optimal for development of solar energy in Ashland. Scudder noted results relative to the use of RVTD transit service and perceived barriers to its use. On the plus side, noted that 7%are frequent riders, and 3%car pool regularly. However,23%feel that routes do not go near enough to their home,school or work,and 23%have problems with the frequency or timing of the bus schedule. 79%of those surveyed do not ride the bus in a typical month, and 13%of those would never consider riding. The biggest barrier to using transit was the need to have a car available for errands. 20%identify traffic congestion as one of the three biggest issues facing the city,and 60%find parking downtown difficult to extremely difficult. It was noted that future surveys might ask about other modes of transportation,and specifically question the primary reason for not using the bus. It was noted that in some cases,growth is perceived through the problems with traffic congestion. Scudder explained the responses that had indicated sources most commonly used to get information. Utility bills were used by 2/3 of the sample as a source for obtaining information,and 70%of the sample rely on the city's web- page. 65%of the sample households have a personal computer,and 78%of those have internet access. Scudder also noted that roughly one quarter of those surveyed do not seek information,and newspapers are one of the least- used sources of information. Discussion of items for future surveys included suggestions to find out how children get to school, age, income, party affiliation. Ashland City Council Study Session Minutes 12-18-98 2 I Fine questioned the refusal rate,and inquired whether a qualitative verification survey was necessary. Scudder stated that there was a very high rate of responsiveness,emphasizing that data collection took only ten days. While she did not have a refusal rate available,she could find this out with a little checking. Reid expressed interest in finding out employment status, and whether people worked inside or outside of Ashland. Discussed demographics. Fine questioned whether there was a need for statistical adjustment because 57%of respondents were female. Councilor Wheeldon suggested that Council may want to have another session for further discussion of these results at a later date. STRATEGIC PLANNING Explained that this will look at the City's planning process. Noted that meeting will begin at 6 p.m. on January 5'by trying to identify issues from the surveys and what needs to be done about them through the strategic planning workshops on January 29-30th. The January 19`h meeting will look at how to relate these issues back to the Comprehensive Plan, looking at various elements and identifying"gaps"(items not addressed, such as long term financing and long term organizational vision). This will include a public hearing and a survey with comments taken for consideration by the council on January 29'". Noted that the January 22nd study session will look at board/commission surveys,review the workshop agenda and begin to map out the budget process. For January 29"strategic planning,have identified three tasks:to develop a value statement,work on the vision statement, and work on short, middle and long term strategies to address goals. On February 2nd,statements from workshop will be adopted so that the budget process for the next fiscal year can be tied to the strategic plan as much as possible. Noted that the will enable the city to test values,visions and planning and prepare for a more public process of strategic planning next year. Freeman noted for Wheeldon that the budget process will begin around strategic planning if Council approves the time directions set for strategic planning. Explained that a strategic plan will be the first building block,with the budget process to start from this initial step. Discussed timing of the budget process,noting it would likely not be able to begin prior to mid-March,and that April was a more likely date. Discussion of the use of a facilitator for strategic planning. Freeman assured the Councilors that he had an individual who is very accomplished from CDR Associates, out of Boulder,Colorado. Freeman asked whether Council wants to use information from the boards and commissions,and Council consensus was that these surveys should be used. Noted that surveys should identify the board or commission on which the respondent serves. Concluded that there would be more public input for the strategic planning process next year,and that Council will be receiving results from the employee surveys. ADJOURNED The meeting was adjourned at 1:55 p.m. Submitted by Barbara Christensen,City Recorder/Treasurer Ashland City Council Study Session Minutes 12-18-98 3 ASHLAND HISTORIC COMMISSION Minutes December 2, 1998 CALL TO ORDER The meeting was called to order at the Community Center by Chairperson Jim Lewis at 7:35 p.m. Members present were Jim Lewis, Terry Skibby,Gary Foil, Keith Chambers,Joyce Cowan,Curt Anderson and Vava Bailey. Also present were City Council Liaison Steve Hauck and Secretary Sonja Akerman. Members Dale Shostrom and Joan Steele were unable to attend the meeting. APPROVAL OF MINUTES Skibby moved and Cowan seconded the Minutes of the November 4, 1998 meeting be approved as submitted. The motion was unanimously passed. PUBLIC HEARINGS None BUILDING PERMITS Permits reviewed by members of the Historic Commission and issued during the months of October and November follow: 389 East Main Street Herbert Good Addition 71 Scenic Drive Deborah Dryden Garage Re-Roof 122 Church Street Tim Sargent Accessory Residential Unit 664"A" Street Jim& Cheryl Lewis Slab 323 High Street Heycke/Geismar Re-roof 95 Scenic Drive Treg Scott& Laura Roll Remodel 95 Scenic Drive Treg Scott& Laura Roll Garage Remodel 169 East Main Street Martin Levine Interior Remodel 220 Meade Street Stephanie Pollard Single Family Residence 854"A" Street Ilene Rubinstein SFR Conversion to Medical Office 595 North Main Street Ashland Comm. Hosp. Foundation Medical Office Building Shell 298 Hargadine Street Maddalena's Sign 348 East Main Street John Paul's Salon Sign 35 Third Street Capital Property Sign 611 Siskiyou Boulevard#2 Infostructure Sign 40 Water Street Atrium Sign 357 East Main Street Provost Furnishings Sign 105 East Main Street More Fun Sign 176 East Main Street Christian Science Reading Room Sign REVIEW BOARD Following is the December schedule for the Review Board, which meets every Thursday from 3:00 to at least 3:30 p.m. in the Planning Department: December V Skibby, Anderson and Cowan December 10'" Skibby, Chambers and Lewis December 170 Skibby, Foil and Lewis December 24'" Skibby, Bailey?and Cowan? December 31" Skibby, Foil and Anderson OLD BUSINESS Project Assignments for Planning Actions PA# Address Persons Assigned 96-086 685"A" Street Curt Anderson/Jim Lewis 97-018 661 "B" Street Jim Lewis 98-022 112 Helman Street Vava Bailey 98-034 221 Oak Street Dale Shostrom 98-039 Holly Street Joan Steele and Joyce Cowan 98-045 122 Church Street Vava Bailey 98-047 Between 548 &628 North Main Street Joyce Cowan 98-070 595 North Main Street Terry Skibby and Dale Shostrom 97-072 440 East Main Street Joyce Cowan 98-075 542 "A" Street Jim Lewis 98-091 559 Scenic Drive Vava Bailey Grant for National Register Web Site The Commissioners reported they had contacted owners of the National Register properties and all have been agreeable. Some requested letters. Goals Goals the Commission will be working on include: X continue to strive for the establishment of a permanent Southern Oregon Historical Society site in an appropriate public location X continue to work with the Electric Department regarding the placement of utility meters X work with the schools in offering historic walking tours, especially during National Historic Preservation Week X continue to support National Register status for the Downtown Commercial District X seek reinstatement of$750 budget to support education, training, information material, etc. X contribute to City's long term strategic planning process which will begin January 2, 1999 Ashland Historic Commission Minutes December 2, 1998 2 November 18'" Meeting Regarding Downtown National Register Nomination Lewis reported all the building owners in attendance were in support of the nomination. He said the federal tax credit and the tax freeze are made for areas such as the Downtown Commercial District because commercial buildings gain so much benefit. George Kramer answered questions mostly relating to real estate concerns. The Commercial District can only benefit from National Register status. Location of Utility Meters Skibby will draft a letter to Electric Department Director Pete Lovrovich in order to determine the status of his proposal of criteria and procedures regarding the location of utility meters. Lovrovich had met with Skibby and then Commissioner Abrahamson last May and was going to submit a proposal that will involve the Electric Department, Planning Department and Historic Commission. The Commission would like to gain momentum on this once again. Library Plans Skibby reported the library is planning an addition and he wants the Historic Commission to keep up with the progress. Currently, the library has approval for assessment of the adjacent property and Hauck noted the request for qualification of architects is ready to be mailed. Lewis stated he was invited by Mayor Shaw to be on the committee to assess these requests after they are submitted to the City, as was Knox. The Commission agreed it is important to save the Carnegie Library, as it is a very special building. Skibby stressed the fact that all those involved with the library want it to remain in its current location. NEW BUSINESS Mark Antony Proposed Name Change After discussion, Anderson moved and Chambers seconded to have the Historic Commission encourage the new owner of the Mark Antony Hotel to rename it Lithia Springs Hotel, which was its original name. The motion was unanimously passed. Anderson will write a letter. ADJOURNMENT With a motion by Bailey and second by Chambers, it was the unanimous decision of the Commission to adjourn the meeting at 9:15 p.m. Ashland Historic Commission Minutes December 2, 1998 3 ASHLAND AIRPORT COMMISSION Noon, Wednesday, December 2, 1998 MINUTES MEMBERS PRESENT: Paul Mace, Chairman, Lillian Insley, Paul Rostykus, Don Fitch, Ken Ehlers, Alan Hassell, Mary Jacobsen, Councilor Alan DeBoer; Staff present: Paula Brown, Bob Skinner, FBO; and Dawn Curtis MEMBERS ABSENT: William Skillman I. CALL TO ORDER: Meeting 12:00 Noon II. APPROVAL OF MINUTES: Wednesday, November 4, 1998 Minutes approved with changes. III. ADDITIONAL AGENDA ITEMS: IV. OLD BUSINESS: A. Pending Projects: 1) Goal Selling: Commission reviewed the previous goals and decided to redirect focus of goals to the commercial growth of the airport. With the addition of the fiber optic line and the sewer/water lines, we become much more attractive to businesses. The new goals and their deliberations are below (ST- Short Term; IT- Long Term): 1. Install Sewer Line - ST Design is complete, funding procured. 2. Secure AIP Grant- LT Grant needs to apply to: (1) Fencing around Airport for Security (2) Taxiway Extension 3. Develop New T-Hangar Space - ST 4. Add Live Camera to Internet Link - ST 5. Complete Landscaping - ST 6. Actively Search Aircraft Related Manufacturing Businesses that could Develop the Five Acres 7. Publish Article to Advertise the Expansions to the Airport - ST Commission discussed adding this to the goals to fit in with the advertisement for the commercial business. G:Daw \A"\Minute\Gctoba 98.wpd 8. GPS System - ST Medford has one that may cover our airport. RVCOG has be doing their GPS through the Forest Service. We should investigate tapping these resources. Mace suggested talking to Bern Case at the Medford International Airport. We need to develop the approaches and receive the FAA approval and certify our airport. 9. Identify and/or Enhance New Revenue Sources - LT Work with Finance and staff to review the current financial issues and plan for the future in terms of financial stability and reliable income. The camera will be implemented shortly and the article will be drafted and presented to Commission before it is published. 2) T-Hangar Development. This topic will be revisited next month after the sub-committee has a chance to meet. 3)Fuel Tank Status. Olson explained that the State Fire Marshal approval was received on the condition that we separate the tanks. The new design will have two round tanks in place of one. The Fire Marshal felt the Engineering and sizing were too precarious for one tank. This lowered the cost from $207,000 to $200,000. Skinner gave UST letter to Paula to submit. B. Maintenance Issues: Staff None IV. NEW BUSINESS: A. AIP Fundine Priority Settine: Done and sent in, awaiting response from Gary Viedorfer, FAA. B. Dave Everson: Request to construct hangar in the area near the Tara Labs/David Givens Hangars. The Commission would not grant this request because of the size limitations in this area. The master plan calls out for a hangar of 39 X 42'(?). The Commission was not comfortable with deviating from this plan. Measurements and footprint deviations will need to be furthered discussed. Commission would like to see a written proposal to present to Council. The proposal should include the preliminary pre- fabricated plans for the hangar and include any additional requests wanted reflected on the lease. Commission directed policy changes that did not meet the minimum standard requirements must be approved by City Administration. Everson asked if there were any shared expenses with the City for the cost of excavation and site work/prep. Day had covered all of those expenses himself. The work was planning to be done in the spring for the additional T-hangars by the City. If the timing was done right, this could be a shared cost depending on the different variables. C. John Day Ground Lease Proposal Skinner reported that two turnkey price inquiries have been made on the remaining three pads adjoining the John Day Hangar. Scott Toll, Environmental Mapping Services, LLC representative spoke for his company. They are interested in a turnkey purchase or contracting their own construction of a hangar in a space near the John Day hangar. They would mostly likely be storing aircraft and operating an office from this location. The Commission discussed the contract rates that should be discussed for the optional additions for the leases. The rate should reflect the additions and the amount of revenue and business being conducted within the hangar proper. Discussions will be carried further at the next meeting to start outlining rates for the individual leases. The Airport Commission should set up a guideline to use for pricing leases. Commission suggested inviting Greg Scoles, Assistant City Administrator to the next meeting to help G:Daw kAirp\Minut=\0dober 99.wpd set these rates and review the different variables. Discussion ensued regarding the John Day lease to settle an inconsistency found in the rate. This will be reviewed. Commission did agree that the process for the proposals will be same as presently followed. The Commission would like a preliminary proposal to review before it is brought before Administration and Council. DeBoer emphasized that the proposal makers must be aggressive and come forward, the City won't be advertising for construction. Blank lease forms will be included in next month's meeting packets to discuss this issue further. All proposals will be held over until that time. V. AIRPORT MANAGER REPORT/FBO REPORT/AIRPORT ASSOCIATION: A. Status of Airport. Financial Report. Review of Safety Reports: Business steady, no accidents. OAMA Meeting on November 12-13, Bob Skinner will participate in panel discussion regarding self-serve fuel stations. B. Ashland Airport Association: Status Report C. Other: VI. INFORMATIONAL ITEMS: A. OAMA Agenda and Registration Forms to November 12-13 Convention B. OAMA Proposed By-Laws to be Presented C. The Airports Approach D. Oregon Flightlines VII. NEW: VII. ADJOURN: Meeting was adjourned at 1:45 PM. G:DawnWirp\MinutesWovember 9a.wpd City of Ashland PARKS AND RECREATION COMMISSION REGULAR MEETING MINUTES November 16, 1998 ATTENDANCE: Present: Al Alsing, Teri Coppedge, JoAnne Eggers, Laurie MacGraw, Director Ken Mickelsen, Councillor Wheeldon Absent: Commissioner Bob Bennett I. CALL TO ORDER Chair MacGraw called the meeting to order at 7:00 p.m. at the Council Chambers, 1175 E. Main. 11. ADDITIONS or DELETIONS TO THE AGENDA None 111. APPROVAL OF MINUTES A. Regular Meeting - October 19, 1998 Commissioner Alsing noted that under Public Participation that the minutes reflected that Bob Bernard had made a presentation. He said that that should be corrected to read that Dave Bernard had made the presentation. Commissioner Coppedge made a motion to approve the minutes of the October 19, 1998 Regular Meeting as corrected. Commissioner Eggers seconded. The vote was: 4 yes - 0 no - IV. REVIEW OF FINANCES A. Approval of previous month's disbursements Commissioner Alsing made a motion to approve the previous month's disbursements as indicated by checks #21405 through #21699 in the amount of$317,991.03. Commissioner Eggers seconded. The vote was: 4 yes - 0 no B. Approval of September 30, 1998 Quarterly Financial Statement Commissioner Eggers made a motion to approve the September 30, 1998 Quarterly Financial Statement as presented. Commissioner Coppedge seconded. The vote was: 4 yes - 0 no V. PUBLIC PARTICIPATION A. Request by Phoenix Hi ph School for use of Butler Bandshell Students from Phoenix High School made a brief presentation to the Commission requesting use of the Butler Bandshell in Lithia Park for its 1999 graduation ceremonies. After brief discussion, the Commission granted the request under similar guidelines as were granted to PHS previously. Chair MacGraw asked students work with Department staff on details and to be certain to coordinate with Ashland High School prior to firming up plans. Regular Meeting- November 16, 1998 Page 2 of 7 Ashland Parks and Recreation Commission PUBLIC PARTICIPATION -continued B. Presentation by the Oregon Office of Film & Video on filming in Lithia Park David Wolson, Executive Director of the Oregon Office of Film and Video, was present to speak with the Commission regarding its policy which prohibits commercial filming in Lithia Park. He introduced Mark Dumond, current president of the S.O. Film and Video Association, and Lenny Nymark, a film location manager based in'Ashland, who were also present to offer a local perspective related to the film industry in Oregon. Mr. Wolson said that the policy prohibiting filming in Ashland's parks had come to his attention after the Commission had denied the request by Where We Live Productions, an Ashland based film company, to film scenes for "The Ruby Princess" in Lithia Park. He said that the policy raised serious concerns for his office because he believed that the restrictive policy which amounted to a ban would have a negative impact on the filming industry in Oregon and, in particular, the Rogue Valley. Giving a brief overview of the state agency he represents, Mr. Wolson said that the Film and Video office is responsible for marketing Oregon as a location and acting as liaison with the film industry. He said that it was a fiercely competitive, sophisticated, global industry; an environmentally friendly industry which brought high-paying jobs and generated $125 million dollars a year to Oregon's economy. Mr. Wolson said that a substantial portion of the industry's work takes place in public locations; that is, streets, parks, buildings. For that reason, a large share of the state office's business is to act a liaison between the film industry and governmental agencies of all levels. Economically speaking, he said that when a film company uses a location that there are a wide number of local businesses - from restaurants and motels to lumber yards - that benefit from a company being in town. He said that the City of Astoria has benefitted greatly from its pro-active policy related to the film industry and, over the last seven years has been able to bring about$35 million dollars into its local economy. Mr. Wolson indicated that although the blanket policy prohibiting "commercial activities and fund raising events in all Ashland's parks" provides the option for a waiver from the Commission, he said that he felt that the recent instance when Where We Live Productions was denied use of Lithia Park has made the policy appear more of a ban than a working policy. He said that it is the only blanket ban on filming that he knows of in the state of Oregon. He said that beyond losing Ashland parks as a potential location it gives a clear signal that the City of Ashland may not want this kind of economic activity and that film producers should expect a relatively low level of cooperation from the City of Ashland's government. He said that he respected the role of Lithia Park in the community and also the Commission's role in that role. He said that he believed that it was possible, however, to protect the park without totally banning the film industry from using it. Mark Dumond and Lenny Nymark spoke briefly about the film industry in southern Oregon. Both offered to assist the Commission as resource persons concerning the film industry if they could be of assistance. Mr. Wolson concluded the presentation indicating that it was not his intent to impose the "will of the state" on the City of Ashland but what it was offering was an economic opportunity. If the community is interested in the kind of dollars that the film industry can bring to the community, the current policy prohibiting filming in Ashland's parks is counterproductive to that. He said that ultimately what he needs in guidance from the City of Ashland government whether or not filming is an industry that it is interested promoting. Regular Meeting- November 16, 1998 Page 3 of 7 Ashland Parks and Recreation Commission Discussion of commercial filming in Lithia Park -continued Following the presentation, Chair MacGraw asked for comment from Commissioners. Commissioner Eggers indicated that the Commission had chosen to fully review the policy after the first of the year. However, briefly stating where she stands at this point in time, she said that she is very protective of Ashland's parks and believes that they are for the people who live here and for visitors so that they are able to have an experience which is separated from everyday commercial life. She said that she is not opposed to the film industry and believes there are many other locations in the southern Oregon area which are very conducive to film-making. In fact she had heard that the producers of"The Ruby Princess" had found another location which was very suitable to their needs. Commissioner Alsing reiterated that it was the Commission's intent to study the policy after the first of the year but briefly commented that he was confident that there are questions of degree to consider. For instance, everyone should understand that during the summer months when there park was heavily used that blocking off streets or areas would be undesirable. He also said that during the presentation regarding "The Ruby Princess" it was indicated that lots of people would want to use the park, so frequency of usage could be an issue. Commissioner Coppedge said that she would like for the out-of-town guests to know that the Commission and the City Council are two separately elected bodies within Ashland's government. And that it was important to realize that a decision by the Commission to prohibit commercial filming in Ashland's parks should not be construed to mean that the entire city government did not support promoting the film industry within the community as a whole. She also said that she felt it was important to clarify that the policy covers all kinds of commercial ventures, not just the film industry; that the Commission sought to keep visitors from the park free from commercial experience and _ "bombarded with selling snow cones." She said that she had been to those kinds of parks and she was not interested in having that kind of experience representative of Ashland's parks. She also said that she had questions about the criteria which could be legally set to determine what kinds of commercial ventures could use the parks and what kind could not. Council Liaison Carole Wheeldon said that she would look forward to discussing with Commissioners and others about the community's receptivity to the film industry. She said that at this time the Council does not have a policy nor has it had discussions around the topic. Chair MacGraw thanked the gentlemen for attending and for their informative presentation. She said that she also thanked them for giving the Commission the opportunity to pursue the discussion which has sparked the Commission to review a long-standing policy. She thanked the participants for offering their expertise to the Commission and indicated that she would be very interested in using their expertise as a resource when the Commission undertook a full review of the policy. Mr. Wolson indicated that that was part of their reason for attending. C. Open Forum Impact of Oak Knoll Driving Range construction on nearby homes. Chair MacGraw indicated that there were several people present who wished to address the Commission on the topic of the new Driving Range which was under construction at Oak Knoll. She indicated that she would allow thirty minutes for public comment to those who would like to speak to the Commission on this topic. Regular Meeting - November 16, 1998 Page 4 of 7 Ashland Parks and Recreation Commission Driving Ranee a Oak Knoll -continued Carl Rudy (1132 Augusta Cf.) indicated that he had a written statement which he read to Commissioners. The statement outlined the neighbors' concerns in relationship to their homes because of the "large, unappealing structure" which was being constructed near or adjacent to their homes. Among the concerns stated were that it was like looking out at "a forest of denuded trees", that the structure blocked the view of the golf course and Grizzly, and safety factors related to stray balls which would go over the net. Among the requests for the Commission to consider were that it look at the project from the community's point of view, reconsider the need of a driving range - perhaps "practice cages" or an "indoor range" would work as well, consider other improvements to the course - fairways and greens - as a means of drawing more golfers rather than constructing a driving range. Several other neighbors spoke reiterating the comments and ideas expressed in Mr. Rudy's statement. Other comments included concerns that their property values would decrease because of the destroyed view and the fact that many of them had paid an additional cost for their homes because of the view. And, although the Commission had held several public meetings over the last two years in which the Driving Range was discussed and had sent notices to the neighbors last spring, that they either had not received the notices or were unaware of the size and location of the driving range until the "poles" were being set in place. Speakers indicated that they were left feeling "blind sided", "shot in the foot" and "gored in the side". Essentially, the neighbors asked the Commission to visit the site so that they would have a good idea of the impact it was having on their homes, to revisit its decision to place the Driving Range in its current location, to try to find another location, and, if no other location could be found, to choose other improvements as a mean to upgrade the course rather than a driving range. Following public comment, Chair MacGraw asked for Commissioners to comment if they chose to do SO. Commissioner Eggers said that when the Commission had discussed the driving range that it had received opinions from experts who indicated that it would be an important asset to the course and its long term viability. She said that she had anticipated that if there were objections to having it constructed that the Commission would have heard about them sooner and that she regretted that this dialogue had not come sooner. She said that at this time she was grasping for the right thing to do and that, at this point, did not have a recommendation. Commissioner Alsing said that this is a problem that has come up that he did not anticipate. He said that discussions and meetings related to the golf course master plan and the driving range had been underway for a couple of years. He said that an experienced golf course architect had assisted the Commission in adopting a master plan for the course and that he had indicated that a driving range was essential to meet the long term goals for the course which included financial viability, and, that its current location was the only place where it could be located. He said he was certainly willing to take another look but at this time he felt that it would be difficult to go back because a lot of work which is currently planned or begun is predicated on the current location of the driving range. Commissioner Coppedge reiterated statements made by Commissioners Eggers and Alsing. She also added that she could sympathize with the neighbors' point of view and did not find the poles which had been but in place "particularly scenic." However, not having the vested interest that the Regular Meeting- November 16, 1998 Page 5 of 7 Ashland Parks and Recreation Commission Driving Ranee a Oak Knoll -continued homeowners did, that she did not find it all that appalling. She said that it definitely was not pretty but, having examined the netting which would be used felt that you would be able to see through it, the view would not be completely blocked. Commissioner MacGraw said that at this time she would reserve her comments except to let the neighbors know that she had gone to the course and walked the area to get a perspective from their point of view. She said that she also valued views and that, from personal experience, knows the feeling when construction occurs which blocks a view one is accustomed to. It definitely affects ones quality of life at that point in time. She said that as a Commissioner balancing the responsibility to the community as a whole -- wanting the golf course to be a viable entity -- and being sensitive to the individual is the Commission's challenge at this point. Commissioner Coppedge made the recommendation that the Commission take no action at this meeting. She indicated that it was her understanding that there was not a dire urgency to continue construction of the driving range immediately and if the Commission took the next month to study the topic it would not impact the project dramatically if the decision were to move forward. Cotrunissioner Alsing said that he would not be opposed to holding off making a decision for a month but to delaying too long on a decision would put other projects unnecessarily on hold for too long. Chair MacGraw indicated that the topic would be placed on the agenda for the December Regular Meeting and that possibly a Study Session would be held some time during the month to further have opportunity to discuss all aspects of the driving range, its relationship to the master plan of the course, and the neighbors' concerns. VI. OLD BUSINESS A. Update on application for SOHS grant to refurbish auto camp building Commissioner Alsing reported that the S. Oregon Historical Society had awarded the Department a $2,500 grant for refurbishing the old auto camp building just up from the office buildings in Lithia Park. He said that the grant monies would provide the materials and the Department would provide the labor. He also passed around some photos which had been discovered illustrating how the building had looked sometime during the 1920's - 30's. He said that the intent was to refurbish the structure to that look. Commissioners expressed their excitement over this project and thanks to SOHS for their contribution. VII. NEW BUSINESS A. Review and approve rules for BMX track Commissioners reviewed a memorandum from staff which outlined proposed rules and regulations for the newly constructed BMX track on the Greenway property. Overall, the rules and regulations were similar in content to those previously adopted for the new Skate Park and would be similarly posted with a sign. In discussion, Commissioners made modifications to the proposed rules indicating that the facility should be named "Ashland's BMX Park", that conduct rules regarding safety and using safety equipment should be prominently displayed, that specific behaviors related to "respecting the park" should be listed, and that the word "drugs" should be included in the list of things prohibited at the park. Regular Meeting- November 16, 1998 Page 6 of 7 Ashland Parks and Recreation Commission Rules and Regulations for BMX Park-continued MOTION Commissioner Alsing made a motion to approve the rules and regulations for the BMX facility as outlined in the memorandum dated October 28, 1998 and amended in discussion. Commissioner Coppedge seconded. The vote was: 4 yes - 0 no VIII. COMMUNICATIONS and STAFF REPORTS Director Mickelsen reported that the joint Study Session with the Council and Commission concerning the Calle Guanajuato area will not take place until after the first of the year. Due to scheduling conflicts, it was not able to be arranged for the month of December. He said that the committee comprised of Councillor Wheeldon, Commissioners MacGraw and Coppedge, City Administrator Mike Freeman and himself had met to work out a preliminary process and schedule for meetings had done so. Copies had been sent to all Councillors and Commissioners for their comments. Commissioner Eggers suggested that the preliminary information be made available to the public so that they can be informed as soon as possible that the topic will be under discussion early in the year. Councillor Wheeldon said that she felt that some pre-notification was important also since once the process started the aim was to have it move quickly so that work could begin as early as March 1999. After several options were discussed, it was decided that a mailing of the preliminary outline for initial meetings would be made to all those parties who had attended earlier meetings indicating that further information would be forthcoming. IX. ITEMS FROM COMMISSIONERS Commissioner Coppedge inquired about an "official opening" of the east side trail in Lithia Park. Director Mickelsen said that now that the work has been pretty much completed and the trail was passable at all locations, staff would work on setting a date for an official opening. She also inquired about an official opening of the Skate Park and the BMX Park. Director Mickelsen said that once the Skate Park was completed, a date would be set for official openings of both facilities. Commissioner Coppedge also inquired about any discussion about the access route from Nevada Street into the park node. Director Mickelsen said that the Public Works Department has just completed the needed survey to continue that discussion and the committee looking into it shortly. X. 'UPCOMING MEETING DATES and PROPOSED AGENDA ITEMS December Regular Meeting Due to the third Monday in December falling on Christmas week, the December meeting will be moved to Monday, December 14, 1998. Having checked into the availability of the Council Chambers on that date, staff reported that they were unavailable so the meeting would be held at the Department Office. Among the agenda items would be: setting golf course fees for 1999, reviewing the preliminary design for the new clubhouse, and additional discussion or decision related to the issues surrounding the driving range. Regular Meeting-November 16, 1998 Page 7 of 7 Ashland Parks and Recreation Commission UPCOMINGMEECING DATES AND PROPOSED AGENDA ITEMS-CONTINUED Study Session related to Oak Knoll and issues related to the Driving Range During discussion of upcoming agenda items for December, Commissioners discussed the possibility of holding a meeting to review, affirm, re-evaluate the mission statement and goals for Oak Knoll. Chair MacGraw suggested that it might be an opportune time for all interested parties - golfers, neighbors, Commissioners, and staff to stand back and review how we got where we are today related to goals for the course, and, in particular, how the driving range fits into those goals. She said that she felt that it was time to "re-visit the vision"; analyze it, solidify it, change it if appropriate. She said that she believed that a thorough discussion would be beneficial when it came to making some difficult decisions that will affect people and the future of the golf course. A tentative date of November 30, 1998 was set for a Study Session to review golf course issues. XI. ADJOURNMENT With no further business, Chair MacGraw adjourned the meeting. Respectfully submitted, � Ann Benedict, Business Manger _ Ashland Parks and Recreation Department - l City Council Communication January 5, 1999 Submitted by: Jill Tumer Approved by: Mike Freem Title: Public hearing and Council motion regarding financing for the Ashland Fiber Network. Synopsis: On September 1, 1998,the City Council approved the Ashland Fiber Network"Most Likely Case" scenario and directed that the staff begin with the implementation of the Ashland Fiber Network project. Since Council approval,the City has awarded two contracts, one to Packet Engines for the high-speed business applications and the second to the Communications Group of Ashland for marketing and branding of services on AFN. The last major issue that needs to be resolved is the financing of the overall project. The staff has completed an application to the State Economic Development Department to request that they finance $4.6 million in bonds on behalf of the City through the Special Public Works Fund(SPWF), for the completion of the Ashland Fiber Network. In this program, the State would aggregate the loan amount the City is requesting with other loans from other local governments, and thereby significantly reduce the issuance costs for the participants. The City would then be obligated to repay the State the loan amount. Recommendation: The staff recommends that Council hold a public hearing on the application and then move to pursue financing through the State Economic Development Department by directing the Mayor to sign the SPWF application on behalf of the City of Ashland. Background: Earlier this year,the staff became aware that the State had an interest in providing financing for this project. Staff made a presentation to the State Economic Development Department to further investigate this possibility at which time the City was encouraged to submit a formal SPWF application. While the State has not funded a telecommunications project with "Special Public Works Funds,"the State appeared receptive to the idea. Staff recommends that the City pursue this method of financing because the issuance of debt through the Economic Development Department results in cost savings to the City over other conventional financing approaches. In addition, the staff believes that the AFN meets the economic development goals of the State, meets the approval criteria outlined in the application process and is therefore a viable project to be funded. OREGON COMMUNITY DEVELOPMENT PROGRAMS FINAL APPLICATION Oregon Economic Development Department SPECIAL PUBLIC WORKS FUND(SPWF) 775 Summer Street NE Salem, Oregon 97310 Phone: (503) 986-0122 ❑ Capacity Building PLEASE SUBMITAN ORIGINAL AND 3 COPIES ❑ Firm Business Commitment SECTION 1: APPLICANT SECTION 2: FIRM BUSINESS COMMITMENT Applicant: City of Ashland Business: Address: 20 E. Main Street Address: Contact Person: Mike Freeman Contact Person: Phone: 541-552-2003 Phone: Fax: 541-488-5311 Site Address: IRS Employer ID #: 93-6002117 PROJECT TITLE: Ashland Fiber Network Jobs to be created/retained: (AFN) Number of family-wage jobs: SECTION 3: CAPACITY BUILDING Acreage to be benefited: Entire City Estimated job creation as result of project: Unknown SECTION 4: FUNDS REQUESTED AND PROJECT COSTS For Department Use Only: SPWF Funds Requested*: $ 4,600,000 plus deferred interest _Referred to W/W Applicant: $ 800,000 _Referred to CDBG Benefited Properties: $ -0- _Other: Other funds: $ _0_ Total Cost of Project: $5.400,000 * Grants will be awarded after a financial review of the economic need of the applicant and specific circumstances of the project. SECTION 5: BRIEF PROJECT SUMMARY (Answer only in space provided. Detailed description is to be provided on page 3. Please address the need for both the infrastructure and financial assistance.) BRIEF DESCRIPTION OF NEED: To ensure the long-term economic vitality of Ashland, it is essential that the City keep pace with the latest developments in the telecommunications industry. Ashland must provide a means for existing businesses to compete in the global economy or risk losing those businesses to large metropolitan areas where advanced telecommunication infrastructure is available. BRIEF DESCRIPTION OF SOLUTION: The construction of an advanced telecommunications infrastructure will enable existing and future businesses to expand and compete by utilizing broadband services,which includes high-speed data transmission for business,high-speed Internet for residential use and other business data applications. The availability of these services allows the City to attract new businesses creating new employment opportunities. The City proposed to construct a fiber optic telecommunications infrastructure to provide a number of services to Ashland businesses, educational institutions and residences. Special Public Works Final Application Page I i SECTION 6: PUBLIC WORKS EXPENDITURES: SOURCES SPWF Other Properties Funds Public Benefitted/ Project Infrastructure Activities Requested Funds* Private Inv. Total Land acquisition and clearance (infrastructure only) Water system improvements Sanitary sewer improvements Storm sewer improvements Road and bridge improvements Public transportation Dock facilities Engineering and architectural Contingencies 457,000 457,000 Project administration 61,000 61,000 Other—Telecommunications Infrastructure 4,600,000 282,000 4,882,000 Total Infrastructure Project $4,600,000 $800,000 1 $5,400,000 *Specify Source Amount Terms 97-98 Electric Fund $508,000 Paid in full 97-98 Electric Fund $110,000 Paid in full Interfund Loan $182,000 5% TOTAL $800,000 PRIVATE FUNDS: Activities Sources Total Public Infrastructure $ Private infrastructure $ (access roads, sewer collectors,etc.) Private improvements $ Other(specify) $ Total Private Investment $ -0- Special Public Works Final Application Page 2 SECTION 7: A. NEED FOR THE PROJECT: Explain in detail the need for the infrastructure and the need for financial assistance. Ashland is a small community of 19,000 located about 300 miles from the Portland metropolitan area. Ashland has prospered in the past because tourism and education have had a major impact on our economy. To ensure the long-term economic vitality of the community, it is essential that Ashland keep pace with the telecommunications industry expansion and acknowledge its influence on economic development. Ashland must provide a means for existing businesses to compete in the global market or risk losing those businesses to metropolitan areas where telecommunication infrastructure is currently being built or already available. Ashland's current economy is primarily based on tourism and higher education. These industries will always remain critical to Ashland however, they provide few new employment opportunities and tourism offers primarily lower wage jobs. The City is convinced that the construction of the Ashland Fiber Network will provide unparalleled opportunities for the varying sectors of the local economy that require advanced telecommunications services. The city's electric,water and sewer utility, which have similar needs for equipment monitoring and control, automated meter reading, automated user activation/deactivation, and billing automation. City government, which is already seeing considerable cost savings from running data and voice traffic over fiber provided by the electric department. Ashland residents, who are comparatively heavy telecommunications users. 65% of households report having a computer and of those 78%report using the Internet-- another 16% anticipate starting service this year. 25% of households report hosting a home business, and 19% of households report a strong interest in telecommuting (note: it is likely that those interested in telecommuting do not have a home business,thus a total of 44% of households are strong prospects for business-oriented services). Also note the high percentage of university students and faculty living in Ashland—representing a large block of potential users. Ashland's schools,which have already installed local area networks (LANs) and servers in all schools, and are purchasing both inter-building data transmission services and Internet access. Current services operate at low speeds and limit the schools ability to make use of their computers and in-building networks—with the primary inhibitor being the prohibitive cost of high-speed connections. A fiber network could provide the schools with much higher performance for LAN-to-LAN data transfers, and access to distance learning resources at affordable costs. Similar benefits would be available to Ashland's private schools. Ashland's medical community: Hospitals across the country are beginning to provide physicians with 24-hour access to patient records. Smaller hospitals are using networks to allow consultations with specialists at regional medical centers—without patients having to drive long distances. A fiber network would allow Ashland's medical community to make use of such services, as well as to provide closer ties between medical facilities and school nurses, nursing homes, and the homes of patients with a need for ongoing monitoring. Special Public Works Final Application Page 3 The Oregon Shakespeare Festival, which could use the network to distribute video programming to area schools, hotels, and to audiences around the world. Southern Oregon University, which could provide high-speed Internet access to students and faculty living off-campus, could access and originate distance learning programs, and access advanced network services such as Internet 11. Ashland's growing base of software and telecommunications companies, such as Starseed, Project A, Open Door Networks and numerous Internet Service Providers would greatly benefit from this project. A fiber network would allow aggregated purchase of high-speed access to Internet "backbone" networks—providing these firms with higher-speed service, at costs lower than they now pay individually for lower speed links. Implementation of cable-modem service would allow Ashland's ISPs to offer high-speed service to their end users (ISPs are likely to purchase cable modem service on behalf of their customers, in much the same way that they purchase ISDN service from the telephone company). Ashland's growing base of architects, graphic designers, photographers, printers, and publishers, all of whom face an increasing need to deliver work by wire. Graphic materials, in particular, require high bandwidth network services well beyond what can be provided by dial-up Internet providers. Similar speeds are required by real estate agents, hotels, and tourist facilities that wish to reach potential customers (e.g. by providing on-line video tours of available houses). As noted above, smaller rural communities will receive advanced telecommunications services later than larger urban communities, if they receive them at all. Only through direct action, are smaller communities likely to receive these services in a timely fashion—and communities with public or cooperative power utilities are in the best position to take such action. With a public power utility already moving to deploy a high-reliability, high-capacity network, Ashland is in a particularly fortunate position. The City has selected and begun construction of a fiber optic infrastructure for its core "backbone" network. The selected fiber is 172-strand, single-mode fiber—a choice that both meets immediate needs, and provides capacity for expansion (including a capability to support the stringent requirements of a SONET ring). The selected route for the core network passes electric facilities, and the sites of the most likely large, early users (e.g. schools, hospital, Southern Oregon University(off-campus solutions), Oregon Shakespeare Festival, high-tech businesses, vacant industrial lands, municipal buildings, etc.). The City requests that the State of Oregon Economic Development assist the City in the financing of this project. This is an important project for the City of Ashland and the Southern Oregon economy. In addition, the City believes that the State should assist with this project because it meets the intent of the State's strategic plan and Senate Bill 994. The proposed Ashland Fiber Network meets the intent of the State's strategic plan, Oregon Shines 1I. Oregon Shines H recognizes the benefit to the State of having high technology jobs and a technology based economy. Subsequently, the following goals were created: 1. "Oregon will be one of the top ten states in America to start and grow a technology company. Special Public Works Final Application Page 4 2. More Oregon companies will export higher-valued products. "I The provision of advanced telecommunications infrastructure is one of the most pressing needs facing the United States. Telecommunications infrastructure has been described as one of the defining elements that will determine the future economic success of our nation. This has not gone unnoticed in Oregon. In 1995, the State Legislature passed Senate Bill 994 creating the Oregon Telecommunications Forum Council. The mandate of the Oregon Telecommunications Forum is: "To improve the quality of life and economic development in Oregon communities by enhancing the delivery of education, health care, government services, and supporting the further development of business through: • Affordable telecommunications solutions for every Oregon community; • Training and support necessary to effectively utilize telecommunications." The Oregon Telecommunications Forum Council was appointed in 1996 by Governor Kitzhaber to ensure that all Oregonians share in the potential benefits of telecommunications technology. Participants in the Council work to ensure affordable access to telecommunications solutions for all Oregon communities and the utilization of telecommunications in the service of economic development, education, healthcare, government services and civic involvement." (emphasis added). The goals of the Telecommunications Council are: • "Ensure that all Oregonians have affordable access to telecommunications solutions that provide voice, data and image information services. • Ensure that all Oregonians have adequate support to make effective use of voice, data, and image services. • Expand access to lifelong education and training opportunities so that Oregon's citizens and workforce can function in the emerging information society. • Increase the quality of local healthcare available in all areas of the state through telecommunications. • Enhance governmental efficiency and expand citizen access to government services and information through telecommunications. • Enhance the private sector's ability to compete in a global economy through telecommunications. • Enhance community building and civic life through telecommunications." Summary of Economic Development Benefits: • Provides existing businesses unparalleled access to high-speed data services. • Initial fiber ring is designed to pass the City's largest organizations, vacant industrial/commercial properties, the University, schools, Oregon Shakespeare Festival, etc. • The City met with many businesses that may wish to take advantage of the fiber ring and all have expressed interest in being served. This project is of significant benefit to local businesses and their ability to continue growing their business. • Two new businesses recently decided to relocate in Ashland to have access to the City's fiber plant. • Greatly enhances the ability of the Crowman Mill site and the Railroad District of Ashland to 1 Oregon Shines II:Updating Oregon's Strategic Plan,January,21,1997 Special Public Works Final Application Page 5 redevelopment their property. B. SOLUTION: Explain in detail the solution, including a summary of the requested infrastructure and financial assistance. Ashland can meet the employment, education, government and healthcare needs necessary to move the community into the 2151 century with the construction of an advanced telecommunications infrastructure, known as the Ashland Fiber Network (AFN). AFN will provide connectivity capability including broadband data, video, Internet, and video conferencing. This high-speed network will interconnect with other government, municipal, educational and health-care institutions and businesses and enable the City to provide numerous new products and services to the citizens of Ashland. These services will stimulate economic development, improve educational systems and public services and safety. AFN will enable existing businesses to expand and compete by utilizing these services. These same services will also serve to attract new businesses to our area and thus create new employment opportunities. Telecommunication services are traditionally available only in metropolitan areas and are provided by private companies. -Because AFN will be offered to citizens, businesses, and institutions as a city service, it can be priced affordably and thus be more accessible to everyone. Telecommunications infrastructure has been described as one of the defining elements that will determine the future economic success of our nation. Telecommunications innovations and infrastructure will be very important in the future. It is essential that these services be available as soon as possible to keep Ashland and Southern Oregon's economies healthy. The City is fully committed to constructing this project having already invested $800,000 in the construction of the initial fiber optic ring that is approximately 1 I miles in length. The City is seeking financing for the construction of the distribution system that is approximately 110 miles and for the head-end equipment. SECTION S: ECONOMIC DEVELOPMENT BENEFITS Attach additional pages as needed to provide complete answers to all questions. A. Capacity Building Projects: 1. Describe how the lack of the proposed infrastructure prevents industrial or eligible commercial development. Without an advanced telecommunications infrastructure, the City of Ashland will continue to be reliant on a tourist based economy. It will become increasingly difficult for Ashland's rg owing high- tech community to remain competitive with urban areas like Eugene, Portland, Seattle and San Francisco. 2. Describe existing advantages to the area that will promote future industrial/commercial development and the creation of family-wage jobs. Special Public Works Final Application Page 6 The defunct Crowman Mill site is a perfect example of this. This mill closed in 1995 and has remained closed since then The property owners are in the process of putting together a redevelopment plan for the 75 acre site that calls for commercial/high-tech development. The City purposefully installed the main fiber optics trunk adjacent to this property to help spur the redevelopment process and to help ensure that this critical type of commercial development would remain viable in the City. 2. Document recent interest in the area through letters of interest in benefited properties. Numerous businesses individuals and institutions have spoken in favor of this project, including: (please see attached official City Council meeting minutes for more detail) March 17, 1998 Public Hearing on AFN Charley Lanusse, CEO Starseed, Inc. George Stephan, General Manager Infostructure Allan Oppenheimer, President Open Door Networks Suzanne Stevens Stevens Design & Starsees, Inc. Steven Belsky Project A September 1, 1998 Public Hearing on AFN Steve Smickland OMNI A non-profit organization, which encourages multimedia, projects in Southern Oregon. Megan Mitchell Ashland Stock trader Jim Watson, Executive Director Ashland Community Hospital John Daggett, Superintendent Ashland School District Special Public Works Final Application Page 7 Loren Luman Ashland School district David Fine Ashland Attorney Tom Garland Citizen Ashland Relocated to the area in anticipation of the AFN John Husky, Director of Communications Southern Oregon University Students Association Mike Stallcop, VP of Interactive Media Project A Jim Tecce, President and CEO Project A Bud Kaufman, Owner Croman Corporation 3. Describe ongoing efforts to market the area. Ongoing efforts to market Ashland. The Ashland Chamber of Commerce assists and encourages a diversified economic development that creates jobs and stimulates local economy by: • Promoting Ashland to prospective businesses by providing economic demographics and the rules and regulations affecting business development in Ashland. • Producing and distributes the Living&Doing Business Guide, a comprehensive guide about Ashland and its residents. • Coordinating the Rapid Response Team, a group of experts from the community who has expertise in their chosen field or profession. The team provides information to business owners that are interested in expanding or modifying their businesses and to individuals or companies interested in establishing a new or relocating an existing business in Ashland. • Acting in partnership with other promotional organizations including Southern Oregon Regional Strategies, Southern Oregon Visitors Association, the Oregon Shakespeare Festival, Southern Oregon University, and the Oregon Tourism Commission. • Coordinating the Regional Marketing Committee to promote Ashland through a variety of media, including print, television, radio and more. B. Finn Business Commitment Projects: 1. Describe the benefited business(es)and how the Special Public Works Fund assistance allows the business(es)to expand or locate in the community. Special Public Works Final Application Page 8 2. Attach commitment letter(s)from the business(es). The letter(s) must identify the number,classification and wage levels of all new jobs to be created. SECTION 9: ENGINEERING FEASIBILITY A. Attach an Engineering Feasibility analysis prepared and stamped by a registered professional engineer. At a minimum, the report must include: • An explanation of the basis for the size and/or capacity of the proposed facility(see Business Plan) Project alternatives considered and a demonstration that the proposal is the most cost-effective(see Revised Financial Projections) • Detailed cost estimate including all items necessary to achieve the project(see Revised Financial Projections) • Preliminary design drawing of the project(see Business Plan) • Maps showing the general location of the project,tax lots or parcels in the project area,and the specific location of the project, including, if applicable, line sizes,road widths,etc.(see Business Plan) Environmental concerns None Needed permits and/or licenses to construct the infrastructure(PUC Permit expected in January,City of Ashland Telecommunications Permit(attached)). B. What jurisdiction(s)will own, operate and/or maintain the proposed infrastructure? City of Ashlan d C. Anticipated projected schedule: Start date Final engineering,/design 10/15/97 Construction 1/1/98 1. Drawdown schedule: SOURCE ITEM MONTH/YEAR Electric Fund Interfund Loan SPW Final Engineering 1. I Is Is is 2. Construction I. Jan 98-Jun 98 $618,000 $o $0 2, Jul 98-Dec 98 0 160,000 0 3, Jan 99-Jun 99 0 0 2,640,000 4. Jul 99-Jun 00 0 0 1,855,000 5, Jul 00-Jun 01 0 22,000 105,000 6. Special Public Works Final Application Page 9 ' E. Consulting Professionals contributing to the project: Kevin Harper(Engineering and Financial Modeling) R.W. Beck 21014 lh Ave. Suite 600 Seattle, WA. 98121-2375 (206) 695-4436 R.H. Jake Jacobstein (Implementation, Services) The Network Address 2003C Commerce Park Drive Annapolis, MD 21401 (410) 841-9100 Miles Fidelman (Feasibility) President Center for Civic Networking 53 N. Mead Street, C-5 Charlestown, MA 02129 (617) 241-9205 SECTION 10: FINANCIAL INFORMATION In order to make the Applicant's job easier, an assortment of financial information will be collected by the Department from available resources, mainly the Applicant's Comprehensive Annual Financial Report. This information includes municipal taxes and levies, tax collection rates, general fund revenues, expenditures and balances, municipal debt position, and demographic information. All this information will be included in the financial feasibility analysis. Information that only the Applicant can provide is included in the next five pages. A. Full Market Valuation for the three most current fiscal years: Fiscal year ending 1996 $1,204,700,940 Fiscal year ending 1997 $1,035,683.650 Fiscal year ending 1998 $1,089,540,390 B. Has there been an operating deficit in the last 5 years? If so, what actions were taken? No. C. Specify the funds pledged as loan repayment. "Telecommunications Fund" and"General Fund". D. Does the project involve the formation of a local improvement district (LID)? If so, provide the status of negotiations with benefited property owners, an engineer's report on the LID formation and assessments, and any resolutions creating the district. No. Special Public Works Final Application Page 10 2. Are the benefited property owners participating in the cost of construction of the publicly owned infrastructure? If yes, list the benefiting property owners and corresponding participation. If no, explain why. Benefited property owners will pay for the infrastructure development and services received through monthly user fees. F. Would the payment of this loan be superior, on a parity basis, or subordinate to other debt that is serviced by the revenues pledged to this loan? Parity. G. Has the applicant ever defaulted on a debt? If so, provide a complete summary of all circumstances relative to the default. No. H. How will the ongoing maintenance, operation and replacement of the requested infrastructure be financed? Provide a copy of the facility plan documenting the ongoing operations, maintenance and replacement efforts. This infrastructure will be self-funding through use fees. The Business Plan shows that rates are more than adequate to pay for operations and maintenance costs and capital. I. Summarize any pending litigation that may affect the ability of the applicant to repay a loan. None. J. What is the current employment level, by full-time equivalent, of the applicant? 222. K. Is the applicant experiencing any financial complications as a result of Ballot Measure 5? No Ashland was able to combine older continuing levies with General Fund tax base and gained usable taxing authority. SECTION 11: ECONOMIC DATA A. Five Largest Employers of the applicant's jurisdiction: (ten or more employees) Number of Employer Type of Business Employees Southern Oregon University Higher education 765 Ashland School District Education 395 Oregon Shakespeare Festival Entertainment 350 Ashland Community Hospital Health Care 245 City of Ashland Government 222 Estimated total employment in jurisdiction 5,700 Data source: City of Ashland Year: 1998 Special Public Works Final Application Page I 1 B. Ten Largest Taxpayers of the applicant's jurisdiction: Current Taxpayer Type of Business Total Taxes Assessed Value US West Communications, Inc. Utility $143,376 $10,035,220 Windmills Inns of America, Inc. Motel 116,845 8,178,240 Washington Water Power Utility 74,739 5,231,120 Mountain Meadows LLC Housing Development 73,956 5,176,330 Michael D. & Beverly Rydbom Retail 63,984 4,478,400 Lloyd M. Haines Housing 60,032 4,201,750 Ashlander, Inc. Apartments 59,991 4,198,890 Brodeur&Brodeur, Inc. Motels 47,993 3,359,140 Warren Family Limited Partnership Motels 47,304 3,310,920 Summit Investment Retail 44,707 3,129,150 Total $732,927 $51,299,160 Data source: Jackson County Assessor Year: 1998 C. Building Permit History of the applicant's jurisdiction for the current year and the past four years: (Not applicable for ports and special districts.) Number of Number of Year Residential Valuation Permits Non-Residential Valuation Permits 1993-94 $10,978,551 107 $3,998,590 16 1994-95 $15,449,240 91 $3,667,162 14 1995-96 $9,787,069 91 $10,176,287 28 1996-97 $25,559,489 140 $7,531,135 11 1997-98 1 $24,364,300 154 $18,453,404 14 Data Source: City of Ashland-Building Division Year: 1998 Special Public Works Final Application Page 12 SECTION 12: UTILITY/REVENUEISSUES (Complete this section only when a specific fund is pledged for loan repayment.) A. Specify the Fund: "Telecommunications Fund" and "General Fund" B. Expected Connections End of First Year: Proposed in the Business Plan Residential CATV 2,631 Residential Internet 2,436 Business Internet 344 Business Data Services $115,000 Yr. C. Projections: Provide financial projections of fund activity as available. FYE: 98-99 FYE: 99-00 FYE: 00-01 Connections 1. Residential CATV 2,631 2,631 2. Residential Internet 2,436 2,884 3. Commercial & Other 344 378 Self-Supporting Debt Outstanding 5,300,000 5,300,000 5,300,000 Debt per capita 275 271 267 Total Revenues 0 1,650,000 2,489,000 Operating Expenses 442,170 1,444,620 1,953,422 Accounts Receivable % % % Top Ten Rate Payers as a Percent of Revenues unknown % Utility Service Rate Increase (Decrease) NC if No Change % Inflation% Inflation % Consumption (as a percentage of total consumption) Commercial/Industrial % Residential % Other D. Specify any enterprise or utility funds that are not available to service this loan. Water Fund Sewer Fund Electric Fund - Electric Division Ambulance Fund Special Public Works Final Application Page 13 E. Rates: ❑ Telecommunications 1. What are the rates for: Residential CATV Residential High-Speed Internet Business Data Services 2. When were the rates last changed? Will be adopted in February, 1999. 3. Who sets the rates? City Council 4. What approval is required to change rates? City Council 5. Is a rate increase expected for this project? New rate schedule for new service is planned. F. Ten largest potential customers The City has done a tremendous amount of research on this project and anticipate that the following organizations will participate in the Ashland Fiber Network. Name Southern Oregon University(off-campus solution) Ashland Community Hospital Oregon Shakespeare Festival City of Ashland Ashland School District Starseed Open Door Networks Project A Data Source: City of Ashland Special Public Works Final Application Page 14 Attach the following items with the application: 1. Public hearing notice, minutes of the public hearing and minutes of the meeting at which submission of this application was approved. 2. Engineering feasibility (see Section 8). 3. One copy of each of the applicant's last three annual audit reports and one copy of the current budget. 4. Copies of any documents creating any enterprise fund which may be pledged for repayment of the loan. 5. Copies of any ordinances which established any debt which is supported by the enterprise fund referred to in item 4 above. 6. Capital Improvement Plan (if available) and water or wastewater facilities plans as appropriate. 7. Appropriate portions of local comprehensive plan and zoning ordinances. 8. One copy of the applicant's enabling charter as amended. SECTION 13: CERTIFICATION I certify that: We have the authority to request and incur the debt described in this application and upon award, will enter into a contract for the repayment of any Special Public Works Fund loans and/or bonds. We have held the required public hearing and will comply with all applicable state and federal regulations and requirements. To the best of my knowledge, all information contained in this application is valid and accurate and the submission of this application has been authorized by the governing body of the undersigned jurisdiction. Signature Title (highest elected official) Jurisdiction Name Date (type or print) Special Public Works Final Application Page 15 OREGON CABLE January 5, 1999 Mr. Michael Freeman City Administrator City of Ashland 20 E. Main St. Ashland, OR 97520 Dear Mr. Freeman: According to a recent article in the Mail Tribune, public comment will be taken before the Ashland City Council this evening on the financing of a city owned and operated cable television system. The newspaper article reports that Ashland will request a $4.6 million ban from the Oregon Department of Economic Development. The OCTA opposes this request, and will intervene before the Department of Economic Development if the loan request moves forward. The cable industry is not opposed to competition. Today the Industry is faced with significant competition from direct broadcast satellite providers, and this competition will become more intense when local network signals are available to these providers. Furthermore, the cable industry will encounter additional competition from wireless video and local exchange carriers as they upgrade their local networks. The type of competition is what concems us. There is something inherently wrong when your business competitor is also the regulator. This is exactly the case when a qty competes with a private cable company. And to make matters worse, the regulator(City of Ashland) is attempting to use govemment funds to subsidize a cable TV system. As you are aware, Ashland sought both regional rural investment dollars and funding through the Telecommunications and Infonnation Infrastructure Assistance Program (TIIAP). Both proposals were rejected. With regard to the TRAP application, OCTA voiced opposition. The question before you and the Ashland City Council Is whether or not state funds should be awarded to local govemments to compete directly with private business. We think not. The Oregon Department of Economic Development has limited funds to promote economic development projects. Ashland should recognize that these limited dollars can be better spent on other projects, particularly when your local cable company, Faloon Cable, is committed to providing high speed data services to the residents and businesses in the community. And, notwithstanding the many Inherent inequities in using the power of govemment to compete with private enterprise, a city owned cable TV system is still a risky business endeavor.A recent OAn i Ar CF Arc Inn Au eu nR 07.'3M Vnirc F;ni-iri7-AA:1A FAX An..1-MO-102A INWRNFT WWW.OMGCMCABLE.COM £0/zo*d 9b:LT 66. S u?f 6Z0T-66£-£0S:mod del l i uef 11129 study on local government overbuilds of private cable companies"Costs, Benefits and Long- term Sustainability of Municipal Cable Television Systems"demonstrates such investments are not prudent. When a local business is willing to invest private funds in the early stage of the development of broadband local transmission systems, government should not be funding similar networks with lower interest rates and more favorable debt conditions. We urge a"no"vote on using state funds to compete directly with private enterprise. Since z & 1 Mike Dewey Exeo the Director Cc: Roger Harris, Crestview Cable £0/£0'd 90:2 i 66, S Uef 6ZOi-66£-£0S;xej dll �Iuer Hag PUBLIC HEARING ON JANUARY 5 , 1999 FINANCING FOR THE ASHLAND FIBER NETWORK AFN Comments by John W. Nicholson , 1575 Greenmeadows Way, Ashland , OR (Phone: 482-4161 ) Fiduciary Responsibilities - The Governing Body has fiduciary res- ponsibilities to all citizens of Ashland . The electorate will bear the burden of any deficits of the AFN through either fees or taxes. As a matter of equity and fair treatment, the electorate should have the deciding vote on the AFN. Loan from State - On 3-17-98 , the Governing Body approved the AFN "subject to a viable financial plan" . As of 1-5-99, a viable plan does not as yet exist . The public should be advised as to why the City has been unable to finance the AFN through commercial and invest- ment bankers . Seeking a loan from the Oregon Economic Development Department appears to be a last-resort financing effort. Loan Repayment - The loan application (page 10) indicates that the City ' s telecommunication fund and general fund will be pledged to repay the State loan. Doesn ' t this mean that the City will be com- mitted to assess real estate taxes ( if necessary) to pay off the State loan? In substance, the loan repayment commitment appears to be the equivalent of a "double-barreled" bond (see Oregon Bond Manual for definition) . Does such a loan have to be submitted to voters? Keep Faith With The Electorate - City officials have periodically made representations that general funds and the City' s powers to assess real estate taxes would not be used to finance the AFN. The aforementioned pledging of the general fund to repay a State loan would seem to belie those representations . Pledging of the general fund introduces a significant , new component to the AFN proposal . The proposed pledging of general funds further indicates a need for a public vote on the AFN. "Most Likely Case" Scenario - City officials periodically cite the "Most Likely Case" scenario in the Beck report. The scenario shows losses for three years but a cumulative profit of $ 5 .6 million over a ten-year period . The AFN would be a start-up, speculative venture. Historically, start-up ventures have had a high rate of failure. A more likely scenario would probably be that the AFN will prove to be a financial fiasco. Millions of dollars of public monies should not be put at risk on the basis of rosy forecasts in the Beck report. Technoloqical Obsolescence - A revolution is going on in telecommun- ications . The pace of change is rapid , and assets purchased with loan proceeds will soon be obsolete. Obsolescence will , in turn, require further capital investment in the near future. The loan application should , but does not, disclose how the City will handle technological obsolescence of its facilities . (continued) r Public Hearing on AFN Financing - J. W. Nicholson Comments (cont. ) Beck Disclaimer - Beck hedges its reponsibilities for projections in its report with a strong disclaimer. If Beck does not stand be- hind all its financial projections, the Governing Body should not rely on them. (See addendums A and B] Other Infrastructure Projects - The City has a number of other infrastructure projects on its docket. Most of these projects are of more benefit and more importance to average citizens than the AFN. The AFN is a desirable but not a necessary infrastructure. Further- more, at least one private-sector company, Falcon Cable TV, stands ready to finance the AFN. The City should abandon its fixation on maintaining operating control of the AFN and negotiate (in good faith) with Falcon for a public-private partnership for the AFN. John W. Nicholson ;. ADDENDUM A TELECOMMUNICATIONS BUSINESS PLAN REVISED FINANCIAL PROJECTIONS City of Ashland Department of Electric Utilities TABLE OF CONTENTS Section 1 EXECUTIVESUMMARY...........................................................................................1-1 Section 2 SCENARIO INPUT ASSUMPTIONS.........................................................................2-1 Scenario 1: Most Likely Case.......................................................................2-1 Scenario 2: Data Transfer Case.................................................................... 2-3 Section 3 SCENARIORESULTS...............................................................................................3-1 APPENDIX A: INPUT ASSUMPTIONS APPENDIX B: DETAILED FINANCIAL PRO FORMAS This report has been prepared for the use of the client for the specific purposes identified in the report. The conclusions, observations and recommendations contained herein attributed to R.W. Beck, Inc. (R.W. Beck) constitute the opinions of R. W. Beck. To the extent that statements, information and opinions provided by the client or others have been used in the preparation of this report, R.W. Beck has relied upon the same to be accurate, and for which no assurances are intended and no representations or warranties are made. R. W. Beck makes no certification and gives no assurances except as explicitly set forth in this report. Copyright 1998, R.W. Beck, Inc. All rights reserved. 1354/11-00291-10101-0101 07101198 ADDENDUM B •d December 17, 1998 John Enders, Editor of the Ashland Daily Tidings The December 15th Tidings article on Ashland ' s proposed fiber optics network (FON) includes the following statement: "According to figures from a financial study prepared by con- sultant R. W. Beck of Seattle, the City expects to generate a net income of about $ 5 .9 million over the first 10 years of network operation. . . . " The FON is a start-up enterprise of the City. The Beck report sets forth financial projections (not hard financial facts) for the FON. Start-ups have a high rate of business failure. The $ 5.9 million ten-year earnings projection should have been accompanied by a caveat that projected earnings may not be realized. Citizens of Ashland should have been alerted to the risks and uncertainties of the FON projections. They should discount the rosy projections in the Beck report. It should also be noted that Beck hedges its responsibilities for projections with the following disclaimer in the table of contents of its report: "R. W. Beck makes no certification and gives no assurances except as explicitly set forth in this report. " A reading of the report leaves one baffled as to what projections ( if any) that Beck takes responsibility for. : If Beck does not stand behind all financial projections for Ashland 's FON in its report, Ashland ' s governing body should not use those projections to support obligating Ashland citizens for the millions of dollars that will be needed to finance the FON. John W. Nicholson Ashland , Oregon John W.Nicholson 1575 Goren Meadows Way Ashland,OR 97520-3000 LAW OFFICES DAVIS, GELSTRAP,HEARN & SHAW JACK DAVIS A Professional Corporation SAM B.Davis-Reliraa DAVID V.CHRISTIAN E.HEAP 515 EAST MAIN STREET SIDNEY E.AINSWORTH-Relire BARY E.HEARN• BARRY N.SHAW ASHLAND,OREGON 97520 DONALD M.PINNOCK-RetveE SUSAN VOGEL SALADOFF".. (541)482-3111 FAX(541)488-4455 DANIEL L..HARRIS-Rettr DAVID L SMRH• 'A4e AdP to PrdceanCA ^Abe AentieCE W Pnctlre to W M PA 'SAW Adr1IW to Pesdke it DC.MD MIe PA December 22, 1998 JOHN MCLAUGHLIN DIRECTOR OF COMMUNITY DEVEL PMENT CITY OF ASHLAND 20 EAST MAIN ST DEC 2 3 1998 i. 't ILL ASHLAND OR 97520 L-u u RE: Request for Public Hearing and Apjieal of-------_ Ashland Parks and Recreation Land Use Decision . Dated December 14, 1998 Allowing a Driving Range At Oak Knoll Golf Course Dear Mr. McLaughlin: On behalf of Sam Davis, a neighbor who appeared at the Ashland Parks Commissions's December 14, 1998 public hearing and provided testimony in opposition to the proposed Oak Knoll Golf Course driving range, we hereby appeal the decision of the Parks and Recreation Commission and request a public hearing before either the Planning Commission or the City Council, whichever is appropriate under the circumstances. The following information is provided: Decision being appealed: Permit for construction of a driving range at Oak Knoll Golf Course. Appellant's name: Sam Davis Appellant's address: 900 Cypress Point Loop, Ashland, OR 97520 File No. of the Planning Action: This planning action received no file number of which we are aware Grounds for which the decision should be reversed or modified based on the applicable criteria or procedural irregularity: (1 ) Either no notice or improper notice was provided to neighbors concerning the public hearing; (2) The matter was not appropriately handled as a land use decision with a public hearing before the City's Planning Commission; JOHN MCLAUGHLIN Page -2- December 22, 1998 (3) Pursuant to Ashland Land Use Ordinance § 18.20.030(E), recreational uses and facilities, including golf clubs, golf courses, swimming clubs and tennis clubs, require conditional use permits; but such intensive commercial recreational uses such as a drivin¢ range• racetrack or amusement park are not permitted conditional uses in an R-1 single- family residential zoning district. We are simultaneously appealing this matter to LUBA, because we are not certain of the procedural requirements under these unusual circumstances. As always, if you have any questions or concerns, please do not hesitate to call. tVIDTRAP HEARN 8z SHAW Co oration LSTRAP DVG/dc cc: Sam Davis, Client Cathy Shaw, Mayor Laurie McGraw, Chair of Ashland Parks and Recreation Commission Steve Armitage, Chair of Ashland Planning Commission dvg davis Iv m mdaughlin 98.596 LAW OFFICES OF DAVIS,GILSTRAP,HEARN&SHAW A Pmfea l Capmti 515 EAST MAIN STREET ASHLAND,OREGON 975]0 (541)482-0111 FAX(541)488J 55 CITY OF ASHLAND ``��°oFASyZo Administration (541)488-8002 - r y' 20 East Main,Ashland, OR 97520 (541)4885311 -Fax EGO V November 30, 1998 Sherrin Coleman RVTD 3200 Crater Lake Avenue Medford, OR 97501 Dear Ms. Coleman, I enjoyed meeting with you last week and discussing possible ways to begin the SOU Student Ridership Program beginning in January, 1999. The City appreciates your ongoing willingness to look into solving this problem on behalf of the District and District Board. Over the years, the City and RVTD have had a good'working relationship. Many positive things have come from our partnership including the fare reduction program the City currently sponsors, the construction of bus shelters, and added routes to meet increasing demand. As I mentioned to you, the City is concerned that some of the substantial benefits gained from the City/RVTD partnership are being diminished by the inability of SOU and RVTD to reach an agreement on the Student Ridership Program. Because of these concerns, the City makes the following offer to RVTD. The City would like to see the Student Ridership Program begin in January, 1999 in time to provide service to students returning from the holiday break. RVTD would provide the service for the previously agreed upon price of$15,000 (pro-rated for the actual time service is provided). In exchange, the City agrees to negotiate a master service contract for all transit services in Ashland in anticipation of our budgeting processes for FY 1999-2000. It is the understanding of the City that SOU and RVTD are in principal agreement on all but one major issue, that being how quickly SOU reaches the maximum payment of $45,000. It is the opinion of the City that this issue can be negotiated to the mutual benefit of all parties and a solution found. The advantage to RVTD to accept the City's offer is: 1 It allows the SOU Student Ridership Program to begin in January, 1999 in conjunction with the students returning from holiday break; 2 It gives RVTD the ability to negotiate with one entity for transit services, versus two; Sherrin Coleman RVTD November 30, 1998 Page 2. 3 It ensures that all transit needs in Ashland are coordinated with RVTD. I am hopeful that this proposal meets yours and the RVTD Board's needs. The City is very interested in seeing resolution on the Student Ridership Program and believes that this proposal meets all three parties' interests. Given the importance of this issue, I would appreciate your taking the City's proposal to your Board's next meeting for discussion and resolution. Sincerely, Mike Freeman City Administrator cc: Mayor and City Council CL = o ■ Mo ■ - _ a. 2 o ) E o ` c _ ) 0 0 CL k \ \ ) _0 E 2ƒ k § k § CD Q ® _ - ca ~ k $ ^ ° \ 2 ® - k / / r CL \ . \ 0 � £ _ s \ k ) } a / / \ L : FA ƒ ) p7 \ / ) \/ a .2 EE ) - # � CO y g cc k )) ) � f \ p > \5gq _ Ea & OG / k ) § ® �CL a � � _{fc \ k # § %! 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IL - _ & / ; ; » \ 2 }f 2 � � % a ! ) J] / § ■ ) < t � | fa | § ! § � ! « � . Em . _ � § = gat gs2lo § \ . % � / | / , ! | ! ° ] | 0 \ ) a ) �a | �fkk . : . _ - E § � 2a ; ° � � k � ! ` � 2 ; -E 01,5 � - 00 0 0 2kia § | Z \ . ) { ) t; � § 2 § ! ; � � a F ; 0 � � � © ) � ; 2 $ ' , , ® _ , . aa � la � « ■ G ! r ! $% G £2 ; � 7 £� , � � . . �] ; \! . « -0 | k ƒ\ \ / f ) Q-< & � = Ie $ � � ) ! a $ b � £ a ! Council Communication Administration January 5, 1999 Submitted by: Gree Scole Approved by: Paul Nolte Approved by: Mike Freeman Title: Consideration of a request from the Ashland Parks and Recreation Commission to exempt the selection of an architect for the Calle Guanajuato restoration project, from formal competitive selection procedures. Synopsis: The city has received a request from the Ashland Parks and Recreation Commission (see attached) asking that the selection of a Landscape Architect for the Calle Guanajuato restoration project be exempted from formal competitive selection procedures contained in Resolution No. 94-21, Rules for Screening and Selection of Persons to Perform Personal Services (see attached). These rules require the use of a formal competitive procedures for the selection of firms to provide professional services (i.e., architectural services). The rules provide for an exemption to these procedures under the following circumstances: 1)contracts less than $15,000; 2)emergency conditions which require prompt execution of the contract; 3)when there is only one firm/person who could provide the type and quality of service; and,4)contracts subject to State or Federal government selection procedures. It should be noted that the Parks and Recreation Commission has scheduled a Special Meeting for January 4, 1999, to reconsider the waiver request. Any changes to their request will be forwarded to the Council. Recommendation: If after the Special Meeting on January 4, 1999, the Parks and Recreation Commission still desires to pursue the waiver request and should the Council choose to consider approval of the request then the following would be in order. First, the Council should move to place the attached resolution on the Agenda for consideration. This resolution would amend the exemption provisions of Resolution No. 84-21. Second, the Council should consider if the request complies with the provisions contained in the amended Resolution No. 84-21 and if so they can move to allow the contract with Cameron, McCarthy and Gilbert, Landscape Architects to be exempt from formal competitive selection. Background Information: The background information for this request is contained in the attached memorandum from the Parks and Recreation Commission. The Parks and Recreation Commission provided the following justification for their request: To accelerate the Planning Process. An exemption would accelerate the planning process by allowing the Commission to continue to utilize the services of Brian McCarthy of Cameron,McCarthy, and Gilbert without having to take time out for the RFP process. At minimum,the 30-day wait between the time a Request for Proposal is advertised and when proposals can be submitted,would be taken from the time available for the planning process itself. And, once the proposals have been received, they would then need to go through an evaluation and selection process which could easily take an additional month. To provide continuity on the project. Cameron,McCarthy and Gilbert has been involved with the project since the fall of 1997 when Brian McCarthy worked directly with Otak, Inc. on the design of the Winburn Way bridge. The firm is aware of all the flood conveyance and community issues involved in the Calle Guanajuato area. Brian McCarthy has continued to work with City and Department staff and other consultants regarding flood related issues on the Calle, in particular, the FEMA projects undertaken by the Department in 1998. He has played an integral part in the public input meetings which have addressed the Calle. The council has the authority pursuant to ORS 279.051 to adopt additional rules to allow for this exemption. If the council desires to do so, the council, can by resolution, modify the rules and allow for the exemption as requested by the Parks and Recreation Commission. The attached resolution would modify Resolution No. 84-21, by adding the following exemption provision: 12.6. The council finds compelling reasons in a particular case for an exemption and that it is unlikely the exemption would encourage favoritism or substantially diminish competition RESOLUTION NO. A RESOLUTION AMENDING THE CITY OF ASHLAND'S RULES FOR SCREENING AND SELECTION OF PERSONS TO PERFORM PERSONAL SERVICES BY ADDING AN EXEMPTION FROM FORMAL COMPETITIVE SELECTION. THE CITY OF ASHLAND RESOLVES THAT THE FOLLOWING RULE BE ADDED TO THE RULES FOR SCREENING AND SELECTION OF PERSONS TO PERFORM PERSONAL SERVICES: Annotated to show deletions and additions to the rule section being modified. Deletions are thedAhfoagh and additions are shaded. 12. Exemptions from Formal Competitive Selection Procedures. Contracts for personal services shall be exempt from formal competitive selection procedures if any of the following conditions exist: 12.1. The contract amount is anticipated to be $15,000 or less. 12.2. The council, by resolution, may exempt a personal services contract when emergency conditions require prompt execution of the contract. The council shall state in the resolution the emergency conditions necessitating the prompt execution of the contract. The administrator, by declaration, may exempt a contract under $25,000 from competitive bidding if emergency conditions require prompt execution of the contract. The administrator shall make written findings describing the emergency conditions necessitating prompt execution of the contract. 12.3. The council finds there is only one person or entity within a reasonable area that can provide services of the type and quality required. 12.4. The contract for services is subject to selection procedures established by the State or Federal government. 12.5. When a personal services contract is exempted, contract amendments which change the original contract price or alter the work to be performed may be made if the amount of the aggregate cost change resulting from all amendments does not exceed 30% of the initial contract, or $15,000, whichever amount is smaller. 12:6. The council finds compelling,reasons in a particular case for an exemption and that it is unlikelythe exemption would_encourage favoritism or substantially diminish competition. : This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this day of ' 1999. PAGE 1-RULES FOR SELECTION OF PERSONAL SERVICE CONTRACTORS (p:orftemem.ml) §2.04.090 duly PASSED and ADOPTED this day of 1999. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 11998. Catherine M. Shaw, Mayor Reviewed as to form: Paul Nolte, City Attorney PAGE 2-RULES FOR SELECTION OF PERSONAL SERVICE CONTRACTORS (p:ordlpersen.W1) 12/50/98 WED 14:43 FAX 541 488 5914 ASHLAND PRS 0 REC ++4 CITY OF ASHLAND Ia001 ASHLAND PARKS AND RECREATION DEPARTMENT FAX TRANSMITTAL Number of pages including cover sheet: 1 TO: Greg Scoles, Asst. City Administrator FROM: Ann Benedict, Business Manager _ PH# (541) 488-5340 FAX# (541) 488-5314 DATE: December 3 SUBJ T: FYI —Special Commission meeting schedule The Ashland Parks and Recreation Commission will be holding a Special Meeting on Monday, January 4, 199?@ 5:30 p.m. at the Department Office in upper Lithia Park. Agenda Topic: Reconsideration of request to City Council for an exemption from the formal competitive selection procedures In selecting a Landscape Architect for the Calle Guanajuato restoration project. ASHLAND PARKS AND RECREATION COMMISSION 340 SO. PIONEER STREET ASHLAND,OREGON 97520 COMMISSIONERS: •, OF•�N • Kenneth J. Mickelsen Director Allen Alsing � c Bob Bennett Teri Coppedge JoAnne Eggers TEL.:(541)488-5340 Laurie MacGraw ••'•.,�REG��."•, FAX:(541)488-5314 MEMORANDUM TO Honorable Mayor and City Councillors City of Ashland FROM Laurie MacGraw, Chair _ Ashland Parks and Recreation Commission DATE December 29, 1998 SUBJECT Request for exemption from Competitive Request for Proposals process BACKGROUND: Following the 1997 flood, the Council and Commission met to discuss overall parameters related to the work which needed to be done for rehabilitation of the Ashland Creek corridor ranging from upper Lithia Park down through the Calle Guanajuato area. Particular emphasis was placed on the areas of responsibility related to the Winbum Way crossing. Consensus among Councillors and Commissioners was that the Council would take lead related to planning and implementation of work related to the Winbum Way area; the Commission would take the lead for the remaining portion of the creek corridor mentioned above. City staff and Department staff have continued to work together following these general guidelines. Once the initial clean-up related to the flood had been completed, the first major project undertaken jointly by the City and Commission was the Winbum Way crossing. The design for the bridge crossing had to be coordinated with work related to the restoration of the front area of Lithia Park. After the Winbum Way project and the restoration of the front lawn area of Lithia Park was underway, the Commission's next focus was on planning and implementing restoration work related to the upper reaches of Lithia Park. Restoration of upper Lithia Park is nearing completion. Although not the major focus during 1997, the Council and Commission were aware that long- term planning for redevelopment of the Calle Guanajuato area would also need to be a joint effort based upon flood conveyance, environmental concerns, and public interest as to how the area could be improved. The Council and Commission suggested that City and Department staff work with consultants to develop several design concepts which could possibly address restoration of the Calle area. Home of Famous Lithia Park Memorandum to Council Page 2 of 3 Request for Exemption to RFP Process 12129/98 In the fall of 1997, Brian McCarthy of Cameron, McCarthy and Gilbert, worked with Otak, Inc. to develop design concepts for the Winbum Way bridge. As Brian McCarthy had been working with Otak on the bridge design and was very familiar with the issues related to the area, the Commission contracted with him to develop several conceptual options for the Calle that would be reviewed by both the Council and Commission. The anticipated goal is for the Council and Commission to be able to select one concept that they would like to have pursued in detail. Through public meetings information was received about ideas, suggestions and concerns which the community would like to have addressed in an overall long-term plan for the Calle area. Attached is a copy of a summary of public comments that have been divided into three categories: Qualities and Characteristics, Activities Desired, and Facilities Needed. In addition, listed below in no particular order, are elements which the Commission has adopted as important to consider when developing a design plan for the Calle: ❑ The health of Ashland Creek and related habitat _ ❑ The conduit for flood waters ❑ Commercial usage ❑ Recreational opportunities • Health and safety • Cost and long-term sustain-ability • Protecting and enhancing the environment of the area • Maintaining the present functions CURRENT STATUS: In cooperation with consultants, in the spring of 1998, City and Department staff evaluated the Calle area to determine whether or not a limited amount of work related to FEMA projects could be undertaken without impinging on long-term planning for the area. In a public meeting, staff and consultants outlined the work they felt could be done immediately, public comment was taken, and the Commission authorized a limited amount of work on the FEMA projects which were discussed. The Parks and Recreation Department completed those projects this fall. Landscape Architect Brian McCarthy now has several conceptual designs prepared and ready for presentation and review by the Council and Commission. It is anticipated that the original scope of work for Cameron, McCarthy and Gilbert will be completed by early February. The balance of the consulting work related to the Calle will consist of working through the process to develop a master design plan, producing detailed construction drawings and specifications, and facilitating the required permitting process for in-creek work. If a plan can be adopted by the end of March, there is a good chance that the appropriate federal and state permits required for in-creek work can be obtained so that work can take place this summer. Normally, in-creek work is restricted to June 15 through September 15. In our recent experience, the permitting process can take twelve weeks or possibly longer. If ample time is not remaining for the permitting process once the planning process is completed, this year's window of opportunity for in-creek work will be missed. Recently, to help expedite the planning process, Carole Wheeldon, Council Liaison to the Commission, suggested that a joint sub-committee of the Council and Commission be formed to recommend to both bodies a format for the process which would be used for planning on the Calle. Memorandum to Council Page 3 of 3 Request for Exemption to RFP Process 12/29/98 As you are aware, the committee met, developed a proposed Project Purpose statement, a time line goal, and tentative meeting agendas for review and approval by both bodies. (See attached.) REQUEST FOR EXEMPTION FROM RFP PROCESS: The Commission's first priority is to develop the best plan possible for the Calle Guanajuato area. And, without compromising that priority, would like to have a plan approved and adopted no later than March 1999, as stated in the proposed Project Purpose drafted by the sub-committee. To this end, at its December 14, 1998 meeting, the Commission voted to request that the Council approve an exemption from the competitive Request for Proposal for Personal Services process in selecting a landscape architect for the remainder of the project for the following reasons: • To accelerate the Planning Process. An exemption would accelerate the planning process by allowing the Commission to continue to utilize the services of Brian McCarthy of Cameron, McCarthy, and Gilbert without having to take time out for the RFP process. At minimum, the 30-day wait between the time a Request for Proposal is advertised and when proposals can be submitted, would be taken from the time available for the planning process itself. And, once the proposals have been received, they would then need to go through an evaluation and selection process which could easily take an additional month. • To provide continuity on the project. Cameron, McCarthy and Gilbert has been involved with the project since the fall of 1997 when Brian McCarthy worked directly with Otak, Inc. on the design of the Winbum Way bridge. The firm is aware of all the flood conveyance and community issues involved in the Calle Guanajuato area. Brian McCarthy has continued to work with City and Department staff and other consultants regarding flood related issues on the Calle, in particular, the FEMA projects undertaken by the Department in 1998. He has played an integral part in the public input meetings which have addressed the Calle. From the Commission's perspective, the community has been very patient while we worked through the planning and restoration of the front lawn area and the upper reaches of Lithia Park. The plaza area businesses in particular have been patient in their understanding that the Commission's first priority was to Lithia Park proper. The Commission has no desire to move hastily through the planning process for Calle Guanajuato nor to be driven by a time line. But, in the interest of those who have waited two years for the Calle to become a priority, we would like to make a concerted effort to accelerate the planning process and make maximum use of the time available to us early in 1999. If we do so, we believe that it will be possible to actually work on the project this coming summer rather than have to wait until the summer of 2000. If the Council believes that these are valid reasons for granting an exemption from the competitive Request for Proposals process for the remainder of the Calle Guanajuato project, the Commission respectfully requests that it does so. Looking forward to your response. AB:Flood 97\Calle Guanajuato E p'tro ° Q rz rz o n c y c~D <D 0 CD o n A CD Co CD N 2. o �, 0 CD �' i CD tCD 'b h A N „�' 5' O co CM w CD CD y w CCD D "'� h CD CO Poi � � C7 CO o N y y CDD i � b R. y CD N cNO �' G `G O CD CD•CD =' S `G W t'd K a' �y @- C N p N n .0 C N pi CD F4 0 CWD co P 4. w w N 'L d '°+ " w " F (.D N CD N F*.<< Sf w CCD .•n vo, vwi m G , r CD 0 CD 0 N CD N o CD `G CD p ° ° CD CD CD CD w a J J ap Cp1 N.-•eryW a CpD �, � „ 7 ° b w '•. y�A�r yy yr y 000 CDy CDo p vC� CD cD to p. co pti CD CD f �- C o b oQ ° W < Q w °o Z CD Er CD y �" W CD CD C Cl, y b ACi C70 . '��,' '�G�'? co rn 0 CD CD b AD P N Olp n y P 'b4 N w o w CD N y N F' oa N p°� Cr�J O a o OQ ^ w P CD � UQ O N CD � y CD CD y CD F N t7 H cr CD CD CD 'w•r R H N O £ 00 fD CD OCD CD bQ CD � aw ova w `• CD w N N a Project Purpose The overall goal of this planning process is for the Parks Commission and the City Council to develop an agreed upon plan for the restoration of the Calle section of Ashland Creek. The planning process is expected to take several meeting and will have a significant public input component. It is the goal of the Parks Commission and City Council that this plan be approved and adopted no later than March 1999. The purpose of the initial meeting between the Parks Commission and City Council is to focus on Calle redesign "issues" such as: • Areas of Responsibility • Budget Responsibility • Community Value— Park Value/Commercial Value • Flood Protection • Urban v. Natural Stream • Ecology of the Stream/Fish Habitat Meeting #1 Agenda — • Facilitator Describes Proposed Process for Calle Redevelopment • Overview of 1997 Flood/Identification of Issues (Brian M. & Paul F.) • Public Input— Identification of Other Issues to Address • Discussion and Deliberation of Issues to Address • Parks Commission and City Council Resolution of Issues • Identification of Issues Parks Commission and City Council Need Additional Information & Wrap-Up Anticipated Meeting #2 Agenda • Resolution of Outstanding Issues • Discussion of Alternatives • Discussion of Public Input Process RESOLUTION NO. 94-21 A RESOLUTION ADOPTING THE CITY OF ASHLAND'S RULES FOR SCREENING AND SELECTION OF PERSONS TO PERFORM PERSONAL SERVICES. THE CITY OF ASHLAND RESOLVES THAT THE FOLLOWING RULES BE ADOPTED: CITY OF ASHLAND RULES FOR SCREENING AND SELECTION OF PERSONS TO PERFORM PERSONAL SERVICES 1. Use of Competitive Selection Procedures for Personal Services: Except for contracts that are exempt under Rule 12, the formal competitive selection procedures set forth in Rules 3 through 11 shall be used for procurement of personal services. 1.1. If a contract is exempt from formal competitive selection procedures, competitive oral or written informal proposals should be obtained, if feasible. 1.2. Personal services include services that require specialized technical, artistic, or professional skills or talent, including but not limited to contracts for the services of accountants, appraisers, architects, computer programmers, engineers, land surveyors, lawyers, and psychologists. 2. Determinations Required Prior to use of Competitive Selection Procedures: Before procurement of any personal services that are anticipated to cost in excess of$15,000 the department head for the department that needs the services shall make the following determinations: 2.1. that the services to be acquired are personal services. 2.2. that a reasonable inquiry has been conducted as to the availability of city personnel to perform the services, and the city does not have the personnel nor resources to perform the services required under the proposed contract; 2.3. that the department has developed, and fully intends to implement, a written plan for utilizing such services which will be included in the contractual statement of work. 3. Statement of Qualifications: When personal services are needed on a recurring basis, the city administrator may actively solicit persons engaged in providing such services to submit annual statements of qualifications in a prescribed format which shall include the following information: 3.1. technical education and training; PAGE 1-RULES FOR SELECTION OF PERSONAL SERVICE CONTRACTORS (p:ordoemm.ml) 3.2. general or special experience, certifications, licenses, and memberships in professional associations, societies or boards; 3.3. an expression of interest in providing a particular personal service; and 3.4. any other pertinent information requested by the city administrator. 4. Public Notice in Formal Competitive Selection Procedures. Prior to procuring personal services through formal competitive selection procedures, adequate public notice of the need for personal services shall be made by the department requiring the services in the form of a Request for Proposals (RFP) at least 30 days before the proposals are due. The RFP shall be prepared by the department that is requesting the services with the aid of other appropriate city personnel and shall be reviewed by the City Attorney prior to being dispersed. In addition to public notice, the department may distribute RFPs to persons interested in performing the services required by the proposed contract. Adequate public notice for contracts anticipated to be under $25,000 is met when the procurement is publicized in a newspaper of general circulation in the city and Jackson County . Adequate public notice for contracts anticipated to be $25,000 or more is met when the procurement is also publicized in a trade publication of general circulation in the state. 5. Request for Proposal Contents. The RFP shall contain at least the following information: 5.1. the type of services required; 5.2. a description of the work involved; 5.3. an estimate of when and for how long the services will be required; 5.4. the type of contract to be used; 5.5. a date by which proposals for the performance of the services shall be submitted; 5.6. a statement that the proposals shall be in writing; 5.7. a statement that offerors may designate those portions of the proposals which contain trade secrets or other proprietary data which may remain confidential; 5.8. a statement of the minimum information that the proposal shall contain, which may include: 5.8.1. the name of the offeror, the location of the offeror's principal place of business and, if different, the place of performance of the proposed contract; PAGE 2-RULES FOR SELECTION OF PERSONAL SERVICE CONTRACTORS (p orAnmew.wl) 5.8.2. the age of the offeror's business and average number of employees over a previous period of time, as specified in the RFP. 5.8.3. the abilities, qualifications, and experience of all persons who would be assigned to provide the required services; 5.8.4. a listing of other contracts under which services similar in scope, size, or discipline to the required services were performed or undertaken within a previous period of time, as specified in the RFP; 5.8.5. a plan explaining how the services will be performed; and 5.8.6. the factors to be used in the evaluation and selection process and how those factors are to be weighed by the city. 6. Request for Proposal Evaluation: Proposals shall be evaluated only on the basis of evaluation factors stated in the RFP. The following factors may be appropriate to use in conducting the evaluation. The relative importance of these and other factors will vary according to the type of services being procured. The minimum factors are: 6.1. the plan for performing the required services; 6.2. the ability to perform the services as reflected by technical training and education, general experience, specific experience in providing the required services, and the qualifications and abilities of personnel proposed to be assigned to perform the services; 6.3. the personnel, equipment, and facilities currently available or demonstrated to be made available at the time of contracting; 6.4. a record of past performance of similar work; and 6.5. the cost of the services. 7. Discussions . The department head requesting the procurement or other appropriate city official shall evaluate all proposals submitted and may conduct discussions with any offeror. The purposes of such discussions shall be to: 7.1. determine in greater detail such offeror's qualifications; and 7.2. explore with the offeror the scope and nature of the required services, the offeror's proposed method of performance, and the relative utility of alternative methods of approach. 8. Modification or Withdrawal of Proposals: Proposals may be modified or withdrawn at any time prior to the conclusion of discussions. PAGE 3-RULES FOR SELECTION OF PERSONAL SERVICE CONTRACTORS (p:ord4XMw-m1) 9. Selection of the Best Qualified Offerors. After the qualifications of the offerors have been reviewed, the city official requesting the procurement shall select the acceptable offeror deemed to be the best qualified to provide the required services. The reasons for the selection shall be documented. 9.1. If compensation, contract requirements, or contract documents cannot be agreed upon with the best qualified offeror, a written record stating the reasons shall be placed in the file and the city official conducting the procurement shall advise such offeror of the termination of negotiations. 9.2. Upon failure to negotiate a contract with the best qualified offeror, the city official conducting the procurement may enter into negotiations with the next most qualified offeror. If compensation, contract requirements, and contract documents can be agreed upon, then the contract shall be awarded to that offeror. If negotiations again fail, negotiations shall be terminated as provided in Rule 9.1 and commenced with the next most qualified offeror. - 10. Submission of Cost or Pricing Data. The offeror determined to be best qualified shall be required to submit cost or pricing data to the city official conducting the procurement at a time specified prior to the commencement of negotiations. 11. Negotiation and Award of Contract. The city official conducting the procurement shall negotiate a contract with the best qualified offeror for the required services at a compensation determined in writing to be fair and reasonable. Contract negotiations shall be directed toward: 11.1. making certain that the offeror has a clear understanding of the scope of the work, specifically, the essential requirements involved in providing the required services; 11.2. determining that the offeror will make available the necessary personnel and facilities to perform the services within the required time; and 11.3. agreeing upon compensation which is fair and reasonable taking into account the estimated value of the required services, and the scope, complexity, and nature of such services. 11.4. agreeing upon which specified personnel shall provide the services required. 12. Exemptions from Formal Competitive Selection Procedures. Contracts for personal services shall be exempt from formal competitive selection procedures if any of the following conditions exist: 12.1. The contract amount is anticipated to be $15,000 or less. PAGE 4-RULES FOR SELECTION OF PERSONAL SERVICE CONTRACTORS (P:ordoemm.ml) 12.2. The council, by resolution, may exempt a personal services contract when emergency conditions require prompt execution of the contract. The council shall state in the resolution the emergency conditions necessitating the prompt execution of the contract. The administrator, by declaration, may exempt a contract under $25,000 from competitive bidding if emergency conditions require prompt execution of the contract. The administrator shall make written findings describing the emergency conditions necessitating prompt execution of the contract. 12.3. The council finds there is only one person or entity within a reasonable area that can provide services of the type and quality required. 12.4. The contract for services is subject to selection procedures established by the State or Federal government. 12.5. When a personal services contract is exempted, contract amendments which change the original contract price or alter the work to be performed may be made if the amount of the aggregate cost change resulting from all amendments does not exceed 30% of the initial contract, or $15,000, whichever amount is smaller. This resolution was read by title only in accordance with Ashland Municipal Code § 2.04.090 duly PASSED and ADOPTED this 5th day of April, 1994. /s/ Nan E. Franklin Nan E. Franklin, City Recorder SIGNED and APPROVED this 6th day of April , 1994. /s/ Catherine M. Golden Catherine M. Golden, Mayor Reviewed as to form: /s/ Paul Nolte Paul Nolte, City Attorney PAGE 5-RULES FOR SELECTION OF PERSONAL SERVICE CONTRACTORS (P:ortlNemw.m1) CITY OF ASHLAND y`OF 4Sy �O Administration OR EGO MEMORANDUM TO: Mayor Catherine Shaw, City Counci Memberst Barbar'a`Christensen COPIES TO: Mike Freeman, Greg Scoles, P a own, FROM: Fran Berteau, Executive Secreta DATE: December 17, 1998 RE: Joint Council/Parks Study Session This is to let you know that after checking with all your schedules, the date of January 12, 1999 at 7:00 p.m. was chosen for the Joint Council/Parks Study Session regarding the Calle. It will be held at the Hunter Park Senior Center. This is all the information I have for now, but I am sure there will be materials available closer to the date of the study session. Thanks, Fran. cc Ken Mickelsen Director of Parks Department ASHLAND PARKS AND RECREATION COMMISSION 340 SO.PIONEER STREET ASHLAND,OREGON 97520 COMMISSIONERS: .°"` "" Kenneth J.Mickelsen Allen Alsing e4�. a Director Bob Bennett - --� _ Teri Coppedger; JoAnne Eggers - TEL.:(541)488-5340 Laurie MacGraw �REG��.° , FAX:(541)488-5314 MEMORANDUM TO Honorable Mayor and City Councilors FROM Ashland Parks and Recreation Commission DATE December 15, 1998 SUBJECT Recommendation to acquire land as part of the Open Space/ Park Land Acquisition Program At its December 14, 1998 meeting, the Ashland Parks and Recreation Commission unanimously voted to accept a donation of 4.68 acres of property from Robert Cain for the Open Space/Park Land Acquisition Program. The location of the property is shown on the attached map. This property is included in the Open Space Land Acquisition Plan., Recommendation to Mayor and Council The Commission recommends that the City Council approve the acquisition of the above mentioned property for park purposes per Article XIX of the City Charter. �/Iw, ►./�� /�1,�"_ _ � ,,x,,,,,,.,10 Home of Famous Lithia Park law s I oF WI' ...... I r 45 r ...... j 140 1900�11 Common Drive Lot 2 Co� cc Lot A2 Lot 5 Z Ile-026S c)FEN sf>,lOF Lot I Lot 4 .t Lot 3 ASHLAND PARKS AND RECREATION COMMISSION 340 SO. PIONEER STREET ASHLAND,OREGON 97520 COMMISSIONERS: •°•' °•"" Kenneth J.Mickelsen •OF`ASH Allen Alsing "`� �yQ Director Bob Bennett Teri Coppedge J JoAnne Eggers TEL.:(541)488-5340 Laurie MacGraw ••,••oREGpd.,•• FAX:(541)488-5314 MEMORANDUM TO Honorable Mayor and City Councilors FROM Ashland Parks and Recreation Commission DATE December 15, 1998 SUBJECT Recommendation to acquire land as part of the Open Space/ Park Land Acquisition Program At its December 14, 1998 meeting, the Ashland Parks and Recreation Commission unanimously voted to accept a donation of 4.68 acres of property from Robert Cain for the Open Space/Park Land Acquisition Program. The location of the property is shown on the attached map. This property is included in the Open Space Land Acquisition Plan. Recommendation to Mayor and Council The Commission recommends that the City Council approve the acquisition of the above mentioned property for park purposes per Article XDX of the City Charter. Home of Famous Lithia Park 1800 -rLL -7 14 'j .....I. 14M C000,,an Dflve Lot 2 lkql z Lot 6 i AeefS LI c)mv sp'WE Lot I Lot 4 1 Lot 3 kk O'qARRY CITY OF ASHLAND pFASy" �`�y�-�- X10 Office of the Mayor i EGO�,.' , MEMORANDUM TO: All City Council Members FROM: Cathy Shaw, Mayor DATE: December 30, 1998 RE: Council Liaison Appointments Listed below are the new Council liaison appointments, effective immediately: Airport Commission Cameron Hanson Audit Commission Susan Reid Band Board Don Laws Bear Creek Greenway Committee Susan Reid Bicycle & Pedestrian Commission Carole Wheeldon Cable Access Commission Mayor Shaw Chamber of Commerce Board David Fine Chamber Business Facilitating David Fine Conservation Commission Carole Wheeldon Forest Lands Commission Susan Reid Historic Commission Cameron Hanson Hospital Board Mayor Shaw Housing Commission Steve Hauck ODOT Stakeholders Carole Wheeldon League of Oregon Cities Energy Comm. Susan Reid Parks & Recreation Commission Don Laws Planning Commission Cameron Hanson Regional Planning Effort Steve Hauck Rogue Valley Basin Steering Commission Steve Hauck Rogue Valley Council of Governments Steve Hauck Senior Program Board Susan Reid So. Or Regional Econ. Dev. Inc. (SOREDI) David Fine Oax* .Q, Traffic Safety Commission Don Laws TRADCO Mayor Shaw Tree Commission Cameron Hanson Visitor& Convention Bureau DQ.UtG{ �,yt-e. CITY OF ASHLAND y`OFASyiO Office of the Mayor OREGON...•' MEMORANDUM TO: City Council Members FROM: Mayor Catherine Shaw DATE: December 23, 1998 RE: CITIZENS' BUDGET COMMITTEE You responded as follows regarding the three positions on the Citizens' Budget Committee: Reappoint Regina Stepahin (3 votes) Reappoint Dick Trout (5 votes) Reappoint Martin Levine (6 votes) Appoint Howard Braham (2 votes) Alan DeBoer resigned his application and the remaining applicant did not receive any votes. Accordingly, council are requested to confirm their reappointment of Regina Stepahin, Dick Trout and Martin Levine for terms to expire December 31, 2001. "SMARTWOOD" CERTIFIED SUSTAINABLE FOREST PROGRAMS MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL September 15, 1998 CALL TO ORDER Mayor Shaw called the meeting to order at 7:15 p.m., in the Civic Center Council Chambers. ROLL CALL Councilors Laws, Reid, Hauck, Hagen, Wheeldon, and DeBoer were present. APPROVAL OF MINUTES The minutes of the regular meeting of September 1, 1998 were approved as presented. The study session minutes approved at the previous meeting were discussed, noting that it was Council's understanding that the weight limits on Oak Street were to be revisited after the traffic calming measures are in place. SPECIAL PRESENTATIONS & AWARDS 1. Presentation of Certificate of Achievement in Financial Reporting to Director of Finance Jill Turner. Director of Finance Jill Turner was presented with the tenth consecutive Government Finance Officers Association(GFOA) award. Emphasized that this is the highest award available from GFOA, and it serves to recognize the high standard the City of Ashland holds itself to. Noted that the City's annual audit document has been reviewed by a GFOA panel, and explained that an audit document reflects the financial condition of the City, and provides a narrative of long-range planning, handling of overages and deficits, and points out liabilities. Pointed out that Ashland is among the less than 15% of Oregon cities to receive this award (there are only 35 Oregon recipients). Emphasized that this certification will be important in bonding and financing, is a positive statement about the City as an organization, and is an indication that the City is financially credible to its constituency. Also noted that Turner has received statewide recognition and has been elected to the board of the Oregon Finance Officers Association. 2.2 2. Presentation regarding "SmartWood" Certified Sustainable Forest Programs. to Hartzell/881 East Main Street/Briefly introduced forester Steve Gretzinger, and explained that the City's support of this program would set an example and stimulate markets. Wanted to gauge the Council's interest in the program. Steve Gretzinger, a forester with the Rogue Institute of Ecology and Economy (RIFE), provided some background information on the SmartWood Program. Emphasized the need to convince those in the industry that they can protect environmental values while offering revenues. Stated that the program is a.way to reward good forest managers, an educational tool for urban dwellers, a tool to reach consensus on forest management, and a means to bring environmental and wood products industry groups together. Explained that this is a third party, independent forestry certification program, that is market driven and allows consumers to demonstrate support for good forest management practices. Noted that cities such as Berkeley, Austin, and San Antonio have adopted ordinances to use certified wood products for public works projects, thereby building public awareness of the program. Stated that this evening's presentation is intended to introduce the program, and that he would be willing to assist the City in preparing an ordinance at a later date. City Council Meeting 09-15-98 1 Council discussion of preparing an ordinance, with the suggestion that the ordinance be referred to the Conservation Commission and the possibility of certifying the City's forest management practices be referred to the Forest Lands Commission. Noted the need for a public meeting to bring together timber industry and environmental groups to make them aware of the program. Discussion of how an ordinance of this nature would be applied to the bidding process. It was clarified that up to 10%a more could be paid to get certified Wood,councilor Reid noted tthe need for legal research on competitive bidding id not include certified wood Products- requirements. Councilor Hagen pointed out that the City's buys a lot of wood for voluntary price reference, purchase certified wood. Gretzinger stated that for bids, the ordinance should be a voluntary p P rather than a requirement that certified woods be used exclusively. Mayor.Shaw stated that this issue should be forwarded to both the Forest and Conservation Commissions for a presentation, with the directive that they seek certification of city forests and draft an ordinance as discussed. Minutes of Boards, Commissions and Committees. Financial Report for quarter ending June 30, 1998. 1. Approval of the Jackson-Josephine Region, Rural Investment Fund Program Grant Award Contract for the Ashland Municipal Airport Sanitary Sewer Construction. ouncuors Hauck/Hagen m/s to accept the consent agenda. Voice vote: All AYES. Motion passed. LIC HEARINGS Non PUBLIC UM g g gu y nation Bob Taber/ enic Drive/Unable to attend tomorrow's study sessionreega dhub on Eighth Street, d urged District(RVTD) s ice levels. Noted previous discussion of a transportation Council to consider' tigating the possibility of such a hub again. Also id that od idea.Urged Council' Proposal o of an increased Transpo ' n Utility Fee to support alternative transportation g adopt the proposal, or move issue to a public hearing. David Fine/735 Frances Lane/Not a existence of an on-going problem affecting public safety in Ashland. Explained that he has prepared a report a r meeting speed Chief hawolthrough Ashland from none Medford.Nolte. Provided background that recently, a became aware of the chase as it was approaching senior Ashland Police Department(APD)office duty Ashland. The senior officer made a judgement, an PD officers were directed not to join the pursuit. pursuit However, the senior officer could give no such dd�egcteio Expthe Medford recent court decisions give police continued into Ashland and ended in property statewide authority to continue pursuit. Stated that the Ashlan unicipal Code h.onot given dated with h the. regard to the powers of the APD supervisor. Recommended that PD supervisor with Municipal Code over all police r e e ( ti n Agreement surrounding municipalities, as provided for the Oregon Revised Statutes, this matter. that this would be akin to the Intergovernmental Agreements for fire protection wi a surrounding cotnmunities. Noted that the current agreements are now being renegotiated, and this issue shou addressed now. Also suggested the use of a common radio channel by area police. Councilor Laws noted that both Mr. Fine and Mr. Taber are candidates for Council Position . Stated that the d like input from the Chie Police with issues raised by Mr. Taber are being actively pursued, and that he woul regard to Mr. Fine's recommendations. z City Coumil Mceting 09-15-98 ASHLAND CONSERVATION COMMISSION DRA B MINUTES December 10, 1998 CALL TO ORDER The meeting was called to order by Russ Chapman at 7:05 p.m.in the City Council Chambers. Members present were Russ Chapman, Ashley Henry, Karen Amarotico and Howard Braham. Staff present were Dick Wanderscheid and Sonja Akerman from the City, and Dan Murphy from Ashland Sanitary&Recycling. Members Bruce Moats,Kari Tuck, Russ Otte and Kirk Evans were absent. NEW MEMBER-Wanderscheid introduced Howard Braham,who was appointed by the Mayor to replace John McCort'. APPROVAL OF MINUTES -The October 28, 1998 Minutes were approved as submitted. PUBLIC FORUM-There was no one present who wished to speak. OLD BUSINESS Sustainable Ashland Video-Joe Brett stated he will incorporate the changes discussed by the Commission and will once again provide the members with copies prior to next month's meeting. Green Business Program-Ross Finney discussed various changes and clarifications in the checklists he had e-mailed the members. Wanderscheid remarked Finney has done an incredible job on the program and stated it will be an evolving process. Wanderscheid also noted Moats had commended Finney for all his effort. Finney reported Sue Corp(his professor)had asked him to present the Green Business Program to the Rotary Clubs. He would like to use these presentations to get feed back from the businesses. When asked about the duration of his work on this program at SOU, Finney answered it looks as though he will have until August. Wanderscheid said he would like to have some businesses operating under a pilot program prior to Finney's conclusion in August. He also stated Finney should fold in a policy,probably in the General Standards section,and create a section on how to utilize the checklist. Wanderscheid noted a policy was adopted a few years ago when the Resource Conservation Manager(RCM)Program was initiated. Otte may have a copy of that policy. Cate Hartzell,881 East Main Street,wondered about incorporating the Valdez Principles,which the City already endorses. She also suggested Finney present the Green Business Program at both the Chamber of Commerce and Greeters meetings. Finney stated a concept of awareness is what he is seeking. The program needs to be flexible enough so businesses can participate. Recertification will give businesses the opportunity to make plans and budget for changes that may need to be made. Wanderscheid said he would like the program to not be heavily regulated. He feels the businesses who want to participate are the ones that can be trusted. He commented Commission members should wordsmith the document and get back to Finney via e-mail. Finney noted it will be difficult to figure out points for the businesses. Also,the businesses will need to know what to do in order to become certified. Hartzell suggested the City invest in the program through its resources,for example,hold annual meetings to update businesses on changes in the program,etc. Chapman suggested members volunteer to be on a green business subcommittee. The Commission agreed and Wanderscheid stated the committees are appointed in January. When Hartzell asked about contractors becoming certified,Finney said as new businesses want to become certified,it will be necessary to figure out ways to work them into the program. ASHLAND SANITARY&RECYCLING UPDATE Murphy reported the canned food drive for ICCA was held the first week in November. One lady donated 500 pounds of food. The routes did not produce much, but a lot of food came into the depot. The transfer station has been accepting leaves and grass at no charge. He also noted 42 residences took advantage of the chipper the second week of November,and five customers brought in branches to be chipped at the transfer station. He reported the transfer station is in the process of getting ready for deliveries to the Dry Creek station. Several weeks ago,Murphy stated he went to the Green Schools Conference in Salem and he now has more information which should make it easier for the schools to apply. He confirmed there are three teachers who are interested in applying. He also commented he sees similarities in the Green Schools and Green Business Programs and stated he would like Ashland to set a good example. Henry wondered if there could be a program with Ashland Sanitary and the Public Works Department whereby leaves and debris that plug storm drains can he picked up,as streets in her residential area were recently flooded because of this problem. Wanderscheid stated this would be a good project for next year. MORE ESS Smart Wood Update-Ha ell had provided a memo and copies of a City Council meeting for the members explaining what the Council desires from lu� mission on Smart Wood by the January 5"City Council meeting. She announced she has ordinances from other cities that have endorsed the program. Chapman commented there should be a policy requiring architects to size buildings to fit the timber so there isn't so much wasted trim. He also stressed the importance of communicating with other cities who have a Smart Wood program in place in order to determine mistakes that may have been made and how they were rectified. The Conservation Commission agreed it seems to be a worthwhile program and would help the City to develop the program if desired by the Council. Water Subcommittee-Wanderscheid reported Corolla has recommended upsizing the pipe from 18 inches to 24 inches to Talent for an eventual tie in to the Medford water system. The Council will make a decision at the next meeting,which is December 15". If the Council decides to go along with the recommendation,the City will initially need to pay$1.2 million to increase the pipe size. Additional costs would later be incurred to purchase Lost Creek water and to pay systems development charges to the City of Medford. Green Schools Subcommittee-This was included in Murphy's report. Jefferson Monthly Article-Amarotico's article on Ken Hagen will be used in the January issue. Henry will write the one for February and Brabant will write the March article. Memorial Tree Update-The Commission agreed the best location for the Ken Hagen memorial tree would be the Recycle Center,which is already dedicated to Ken. Wanderscheid and Chapman will meet to determine the most appropriate site. NEW BUSINESS Expense Report-The balance is$1,459.26. Wanderscheid spoke about the success of the composting classes and suggested buying more compost bins for next year. This will be discussed in more depth at a later meeting. COMMISSION ITEMS City Council Liaison-Wanderscheid reported the Council Liaison will be selected in January or February. January Meeting-The Commission will elect officers,decide on goals and volunteer for subcommittees at next month's meeting. ADJOURNMENT-The meeting adjourned at 8:55 p.m. Ashland Conservation Commission Z Minutes December 10, 1998 Council Communication Legal Department January 5, 1999 Submitted by: Paul Nolte l� Approved by: Mike Freeman Title: An Ordinance Amending the Telecommunications Title 16 of the Ashland Municipal Code to Add Provisions Regulating Cable Service and to Simplify and Clarify Requirements for Grantees Synopsis: This ordinance contains numerous amendments to the telecommunications ordinance adopted by the council in March 1998. Major changes include adding a provision imposing the construction and renewal requirements on cable TV utilities and deleting the requirement for a license rather than a franchise for those telecommunication providers using only a small portion of the city's right of ways. The distinction between a license and franchise was not clear and under the proposed amendments only franchises will be issued. The changes also include: 1) a requirement that a telecommunications provider pay a pavement degradation fee when construction within a right of way includes cutting the pavement. Pavement cuts shorten pavement life and this fee is designed to recoup the city's investment in quality paving; 2)a requirement that providers cooperate with other utilities during construction within the right of way so that multiple cutting of the pavement is avoided; 3) a requirement that a provider constructing within the right of way also install conduit and ducts for the city if requested and paid for by the city; 4) a clarification that a provider who is permitted by the city to install facilities above ground may do so with consent of the city or the joint pole owner(US West); and 5) a fee for resellers who have no facilities within the right of way but lease lines from a franchisee. Resellers use leased lines to sell telecommunication services to others. In November the League of Oregon Cities unveiled its extensively revised model ordinance; I have reviewed the League's revisions incorporating changes to our ordinance as appropriate. Recommendation: I am recommending that this proposed ordinance be approved for first reading by title only at the council's January 5, 1999, meeting. Council Communication from Legal Dept. Page 2 January 5, 1999 Background Information: Several months after the adoption of the telecommunications ordinance, representatives of US West met with staff to voice their concerns over some ordinance provisions. US West felt that the city had exceeded its authority in the implied manner the city would charge US West over and above statutory limits. For incumbent local exchange carriers (i.e. US West), cities are limited to charging 7% of a narrowly defined revenue base (about one-third of US West's total revenue). In addition, US West felt that the unreimbursed co-location requirements imposed by the ordinance amounted to a constitutional taking. US West also noted that the ordinance placed in doubt the contractual provisions the city has with it over joint pole ownership. Under a contract dating back to the 1920s practically every pole erected in the city is jointly purchased, installed and owned by US West and the city. US West also pointed out several construction requirements in the ordinance that were impractical, inefficient or uneconomical. Many of the amendments are proposed to alleviate the concerns of US West and clarify some ambiguities leading to those concerns. Some amendments also result from experience in other cities who are attempting to implement their own telecommunication ordinances. F:\USER\sharlene\COUNCIL\Communications\telecommunications ord J99.wpd ORDINANCE NO. AN ORDINANCE AMENDING THE TELECOMMUNICATIONS TITLE 16 OF THE ASHLAND MUNICIPAL CODE TO ADD PROVISIONS REGULATING CABLE SERVICE AND TO SIMPLIFY AND CLARIFY REQUIREMENTS FOR GRANTEES THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: Annotated to show deletions and additions to the'co'de sections being modified. Deletions are Feed threngh and additions are shade . SECTION 1. The following section 16.04.025 is added to the Ashland Municipal Code: 16:04.025 Applicability to Cable Service:-To the extent not specifically precluded°by,-the-Cable Act or anyother federal law this title shall apply to cable seance provided within_the city SECTION 2. Sections 16.04.040.J, K, L, Q, Y and BB of the Ashland Municipal Code are amended to read: J. Franchise or Lmeense means an agreement between the city and a grantee which grants a privilege to use public right of way and utility easements within the city for a dedicated purpose and for specific compensation. K. Grantee means the person to which a franchise or lieemse is granted by the city. L. Gross Revenue means gross revenue derived by grantee from the provision of telecommunications services originating or terminating in the city on facilities covered by the franchise or lieense. For the purposes of this-definition net uncollectiblesfrom revenue included in gross revenues may be excluded from,gross revenues- 1. Net uneo"eefib'es frorn reventie gross revenues. 2. Revenue derived frorn the provision of interstate to" service. 3. Reventie derived from the provision of telecommunicationS serveee on fae"Otoes frarn am end user to an interexehange earrier's point of presenee, provided that at leait 9956 of the annual traffie on the fae'lity 4. Revenue derive I� Q. Public Rights of Way include, but are not limited to,1streets, roads, highways, bridges, alleys, sidewalks, trails, paths, public easements and all other public ways or areas, including the subsurface under and air space over these areas, but only to the extent of the city's right, title, Page 1 — JAN. 99 AMENDMENTFSUSER\PAUL\Telecommunications\Ordinanms\telemmm amend 199 anno.wpd) interest or authority to grant a fieense-or-franchise to occupy and use such streets and easements for telecommunications facilities. Y. To'! Servoee rneans telecernmunieations service provided between ocal exchanges earried on the ptiblie switehed network for whieh charges are made on a per-unit basis. wathon an extend area se _ Reseller means any person that�provides telecommunications serviceNusing a telecommunications facility within,I a public right of way for which service a separate;chargeJs made, where that.person does.not own lease; control or manage the telecommunications faculty-usetl to provide the service? BB. Utility Easement means any easement designated„on a subdlvision,plat or partition:map:as:a utility easement"public utility-easement or "P.U.E1' or any easement granted to or owned by the city and acquired, established, dedicated or devoted for public utility purposes not inconsistent with the telecommunications facilities. SECTION 3. Section 16.08.010 is amended to read: 16.08.010 Purpose. The purpose for registration is: A. To assure that all telecommunications carriers who have facilities or provide services within the city comply with the ordinances, rules and regulations of the city. B. To provide the city with accurate and current information concerning the telecommunications carriers who offer to provide telecommunications services within the city, or that own or operate telecommunications facilities within the city. C. To assist the city in the enforcement of this title and the collection of any city franchise fees charges that may be due the city. laws a �� apply to grantees tinder this titleo SECTION 5. Section 16.08.020 of the Ashland Municipal Code is amended to read: 16.08.020 Registration Required. Except as provided in section 16.08.040, all telecommunications carriers having telecommunications facilities within the corporate limits of the city, and all telecommunications carriers that offer or provide telecommunications service to customer premises within the city, shall register with the city. pursuant to this ehapter on forms t_- I- The appropriate application and license from: a) the OPUC; or b) the FCC qualify as necessary registration information.. Applicants also have the option of providing the following information: Page 2 — JAN. 99 AMEN DMENTFSUSERI PAUL%Telewmmunic tions\Ordinanms\telemmm amend 199 anno.wpd) A. The identity and legal status of the registrant, including any affifiates. W. 1 he the name, address and telephone number of the officer, agent or employee responsible for the accuracy of the registration statement. E B. A description of the registrant's existing or proposed telecommunications facilities within the city, a description of the,_ telecommunications facilities that the registrantintends to construct and a- ). A description of the telecommunications service that the registrant intends to offer or provide, or is currently offering or providing, to persons, firms, businesses or institutions within the city. E. Information stiffie6ent to determine whether the registrant is subject tO publie right of way lieensimg or ffanehising under this title. f Information sufficient to determine whether the transmission, origination or receipt of the telecommunications services provided or to be provided by the registrant constitutes an occupation or privilege subject to any mumiempal telecommunications _ by any business, license.requirements. A copy_of the business license or-license:number must be,;prov_ided G. 'nforrnafien stiffiement to determine that the applieant has applied fe and reeeived any eertificate of authority or permit required by the FGG or the E)PUG to provide te eeommunieabons services within the eity. I. Information stiffieeent to determine that the applieant has applied fo and received any construetion permit, operating lieense or othe approvals required by the FGG to have telecornmunmeations faeolities may- SECTION 6. Section 16.08.040 of the Ashland Municipal Code is amended to read: 16.08.040 Exceptions to Registration. The following telecommunications carriers are excepted from registration: A. Telecommunications carriers that are owned and operated exclusively for its own use by the state or a political subdivision of this state. B. A private telecommunications network, provided that such network does not use or occupy any public rights of way of the city or ather rights of way within the eitr.- Page 3 —JAN. 99 AMEN DMENTIBUSER\PAUL\Telecommunications\Ordinances\telecomm amend 199 anno.wpd) C. Telecommunications carriers that are grantees under a telecommunications franchise with the city.. SECTION 7. Section 16.12.030 of the Ashland Municipal Code is amended to read: 16.12.030 Construction Permits. No._person shall construct or install any telecommunications facilities within a;public rightof_way in,the_city_without first =obtaining a,construction permit,, p .'a_,.__.� ; and paying the ion Permit fee established in section 16:12,070., A. No permit shall be issued foi the construetion or installation e. B. No permit shall be issued for the construction or installation of telecommunications facilities in the public rights of way unless the telecommunications carrier has f_rst#applied for and received alieense err franchise pursuant to chapter 16.20. 6. No peri nit shall be issued for the eonstruction or installation permit fee established im section 16.12.07-G- B No permit shall,be necessary for the installation ofAa customer specific 'wirei("adrop") by a franchise�grdntee Where-node z_cavatton_=withiri:_t_h_e nghCofsway,occurs? G No permit shall be necessary for the installation of telecommunication facilities within a utility easement=that is not oth&wise,within, under,..__ over or.=immediately,adjacenttoa,public_street, road highway,;b(dge alley,_bkeway,sidewalk arail or path: SECTION 8. Section 16.12.040 of the Ashland Municipal Code is amended to read: 16.12.040 Permit Applications_._Applications for permits to construct telecommunications facilities within a_public right of_way.shall be submitted upon forms to be provided by the city and shall be accompanied by drawings, plans, specifications and eamputer maps ' , in sufficient detail to A. Ddemonstrate: 1. That the facilities will be constructed in accordance with all applicable codes, rules and regulations and that the facilities will be constructed in accordance with the franchise agreement. B2. The location and route of all facilities on or in the public rights of Way to be installed aboveground or on existing utility poles. The Page 4 — JAN. 99 AMENDMENTFSUSER\PAUt_t Telecommunications lordinanceslteiecomm amend 199 anno.wpd) location and route of all facilities to be located under the surface of the ground, including the line and grade proposed for the burial at all points along the route which are within the public rights of way.. Existing facilities shall be differentiated on the plans from new construction E3. The location of all of applicant's existing underground utilities, conduits, ducts, pipes, mains and installations which are within the public rights of way along the underground route proposed by the applicant. D. The Iceabon of a" other fae"it"es to be eonstrueted within the City, but notwithin the public rights of,way. E4. The construction methods to be employed for protection of existing structures, fixtures, and facilities within or adjacent to the public rights of way. A cross section shall beprovided showing__ new or existing fac_iIities in reIatlon,to the street, curb,,sld6wAIk or, right of way: The application shall also be.accompanied by.computer,generatedtelectronic maps of the proposed installations In°a format$specfied,bygthe cityunless.the applicant demonstrates that the;,format_utihzed was deyelopedyby,the appllcantand is proprietary' B Show the location, dimension and_typ wh es of all trees ich will'be trimmed; `remov'ed .replaced,or-restored,as a, result of the areas disturbed duping construction and which-are within or adjacent to the public rights of way along the route proposed by the applicant, proteetimg, trim or areas to The applicant=shall submit=a landscape�plam satisfacto_ry_.to the city,°for the Orot6ction,__replacement orrvrestoration of such, trees.; C Show the'utilities and granteesscontacted as prowded_in section, 12_090. SECTION 9. Section 16.12.060 of the Ashland Municipal Code is amended to read: 16.12.060 Traffic Control Plan. All permit applications which involve work on, in, under, across or along any public rights of way which are boulevards (arterials) or avenues (major collector streets) shall be accompanied by a traffic control plan demonstrating the protective measures and devices that will be employed, consistent with Uniform Manual of Traffic Control Devices, to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic. SECTION 10. Section 16.12.070 of the Ashland Municipal Code is amended to read: Page 5 — JAN. 99 AMEN DMEN `ISUSERt PAULITeteeommunicationstOrdinances Relecomm amend 199 anno.wpd) 16.12.070 Construction Permit Fee. Unless otherwise provided in a license 0 franchise agreement, prior to issuance of a construction permit, the applicant shall pay a permit fee equal to $250.00 or six tenths of ane pereemt (0.6%�& is greateF in an amount to be determined by resolution of the city council. SECTION 11. The following section 16.12.075 is added to the Ashland Municipal Code: Section 16.12.075. Diminished pavement life fee. Grantee, for any construction requiring pavement cuts shall,pay to city an amount to reimburse city for the - pavement degradation'and shortened pavement life that results from such cuts. SucWfees shall be set by resolution of the city.council and shall be based upon the-linear feet of the pavement cut, the age of the pavement when cut and Whether the excavation is transverse or longitudinal SECTION 12. Section 16.12.090 of the Ashland Municipal Code is amended to read: 16.12.090 Construction Schedule. The permittee shall submit a written construction schedule to the Department of Public Works before commencing any_work in or about the public rights of way.-The construction schedule shall include a"deadline for completion of construction. The-schedule is subject'to approval by theJDire_-- - Public Works. The permittee shall further notify the Department of Public Works not less than two working days in advance of any excavation or work in the publicrights of way:When advance notice is not possible because of an emergency, the permittee shallgi_ve notice within 24 hours of the excavation or work_When'rfeasible;`' Permittee-shall contact all other grantees or'utilities located within the right of way_where construction is to.occur. The purpose of.tt! contact is to determine if joint;pcojects are feasible in order to allow j 611M ed to minimize duplication of a work and unnecessary excavation. For those grantees or utilities-.expressing interest in a joint'project, permittee shall give them reasonable'notice of the particular dates on which open trenching exists. Upon mutual agreement,` permittee shall make the trench available to grantees and utilities for installation of conduit, pedestals, vaults, laterals, wires, lines or equipment. The payment for the cost of trenching and installation shall be as mutually;agreed to by the parties.' SECTION 13. Section 16.12.100 of the Ashland Municipal Code is amended to read: 16.12.100 Locates. The permittee is responsible for becoming familiar with, and understanding the provisions of ORS Chapter 757, governing the location of underground facilities (the "One-Call statutes"). Grantee shall complywith the terms and conditions set forth in the One-Call statutes. Every grantee under this title shall join and maintain membership in the Oregon Utility Notification Center and shall comply with the rules adopted by the center regulating the notification and marking of underground facilities; Page 6 — JAN. 99 AMENDMEN-fF3uSERt PAUUTeiecommunications\ordinances tteiecomm amend 199 anno.wpd) SECTION 14. Section 16.12.120 of the Ashland Municipal Code is deleted. 16.12.120 Display of Permit. The permittee shall maintain a copy of the eonstruction permit and approved plans at the construetion site, which shall Works or its represemtatives at all firnes when eonstruction work i SECTION 15. Section 16.12.130 of the Ashland Municipal Code is deleted. 6.12.130 Stirvey of Underground Feeilities. If the construetion permit speeifies the 'oeation of facilities by depth, line, grade, proxinifty to other fae"ities e other standard, the permittee shall eause the leeation of sueh faemlities to be verified by a registered Gregen 'and surveyor. The permittee shall relocate any facilities whieh are not leeated On eernplianee with permit requirements a the sale expense of the perrnittee- SECTION 16. Section 16.12.150 of the Ashland Municipal Code is amended to read: 16.12.150 Completion of Construction. The permittee shall promptly complete all construction activities so as to minimize disruption of the city rights of way and other public and private property. All construction work authorized by a permit within city rights of way, including restoration, must be completed within 120 days of the date of issuance unless,the city engmeer_agrees to a longer period. SECTION 17. Section 16.12.160 of the Ashland Municipal Code is deleted: 16.12.16E) As Built Drawings. Within 60 days after eempletion of eonstruetion, the permittee shall furnish the eity with two complete sets of plans and a set on. eonstrueted pursuant to the pernift- SECTION 18. Sections 16.12.170.B and C of the Ashland Municipal Code are amended to read: B. If weather or other conditions do not permit the complete restoration required by this section, the permittee shall temporarily restore the affected rights of way or property if directed to do so by the city engineer. Such temporary restoration shall be at the permittee's sole expense and the permittee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. For the purpose of this subsection, temporary restoration means restoring the property to a safe condition permitting such use of the property as was made prior to the work being,.undertaken_Temporary restoration does not require paving,landscaping,or surfacing;of a permanent nature. Page 7 —JAN. 99 AMENDMENTFSuSER\PAUL\Telecommunications\ordinances\telecomm amend 199 anno.wpd) C. If the permittee fails to restore rights of way or property to as good a condition as existed before the work was undertaken, the city shall give the permittee written notice and provide the permittee a reasonable period of time not exceeding 30 days to restore the rights of way or,, , property. If, after such notice, the permittee fails to restore the rights of way or property to as good a condition as existed before the work was undertaken,,the'city shall cause such restoration to be made at the. expense of the permittee. SECTION 19. Section 16.12.190 of the Ashland Municipal Code is amended to read: 16.12.190 Construction and Completion Bond. Unless otherwise provided in a Reense-arfranchise agreement, or unless the city otherwise specifically approves an alternative security to assure performance, a performance bond written by a corporate surety acceptable to the city, and authorized to transact business in Oregon, equal to at least 100% of the estimated cost of constructing grantee's telecommunications facilities within the public rights of way of the city shall be deposited before construction is commenced. A. The performance bond shall remain in force until 60 days after substantial completion of the work, as determined in writing by the city, including restoration of public rights of way and other property affected by the construction. B. The performance bond shall guarantee, to the satisfaction of the city: 1. timely completion of construction; 2. construction in compliance with applicable plans, permits, technical codes and standards; 3. proper location of the facilities as specified by the city; 4. restoration of thepublic rights of way and other property affected by the construction; and 5. hi 61V drawings aftei earnpletion of the work as timely payment and satisfaction of all claims, demands or liens for labor, material or services provided in connection with the work. Page 8 —.IAN. 99 AMEN DMENTISUSERt PAULtTeiewmmunic tions\ordinanaestteiewmm amend 199 anno.wpd) SECTION 20. Section 16.12.210.A of the Ashland Municipal Code is amended to read: 16.12.210 Coordination of Construction Activities. All grantees are required to cooperate with the city and with each other. A. By January 1_of each year or as soon thereafter,as;is reasonably feasible,(bump'later than February.l5), grantees shall provide the city with a schedule of their proposed construction activities for that calendar year in, around or that may affect the public rights of way. For any additions or other changes to the schedule after the schedule has been provided to'the city,grantees shall'provide a revised schedule` . Within 30 days of the date the proposed addition or change is knouvn, The�Departmentof�Electric,lUtilitie's'shall;'upon"request;i provide grantees of the departments plans,during that calendar year to_. . relocate existing aboveground electric utility facilities by placing them Ltndergrouncl.LO SECTION 21. Section 16.12.200 of the Ashland Municipal Code is deleted. 16.12.200 Responsibility of Owner. The owner of the feeilities to be constructed and, if different, the grantee, are responsible for performanee 0 and eompliance with a" provisions of this chaptei- SECTION 22. Section 16.16.010 of the Ashland Municipal Code is amended to read: 16.16.010 Location of Facilities. All facilities located within the public right of way or utility easements shall be constructed, installed and located in accordance with the following terms and conditions, unless otherwise specified in a tieense-arfranchise agreement: A. Grantee shall install its telecommunications facilities underground unless the city specifically permits attachments to utility poles or other aboveground facilities orunless`the franchise grantee"owns the poles and undergrounding is not'otherw se required as provided in_the following subsections. B. Grantee shall install its telecommunications facilities within an existing underground duct or conduit owned by it whenever surplus capacity exists within such utility facility unless grantee demonstrates to satisfaction of city that such installation is not feasible. C. A grantee with permission to install overhead facilities shall install its telecommunications facilities on pole attachments to existing utility poles only, and then only if surplus space is available as determined by the Department of Electric Utilities or.the owner of the poles. Page 9 — JAN. 99 AMEN DMENTFSUSER\PAUL\Telecommunications\Ordinances\telecomm amend 199 anno.wpd) D. Whenever any existing electric utilities are located.underground within a public right of way of the city, a grantee with permission to occupy the same public right of way must also locate its telecommunications facilities underground. Whenever any overhead electric utilities are relocated underground, any grantee with permission to occupy the same public right of way must also relocate underground. E. Whenever any new or existing electric utilities, cable facilities or telecommunications facilities are located or relocated underground within a public right of way of the city, a grantee that currently occupies the same public right of way shall relocate its facilities underground concurrently with the other affected utilities to minimize disruption of the public right of way, absent extraordinary circumstances or undue hardship as determined by the city and consistent with state law. F. _. grantee 'LO provide addit Mal - --- facilities for non _ fts$ -9 Cairriers. Upon written` request city in,conlunction with any new construction by 6-., grantee, grantee,shall build.and install;conduit or ducts-for the cityin_ connection with grantee's own construction. The city shall not require the construction and installation of city conduit or ducts under,this,-.,-, sea4ion,substantially outside the scope of the grantee's construction, the-city shall own such conduit or ducts in fee simple following `construction:-Grantee shall build,and install such conduit or ducts ata charge of its direct incremental costs of_materials-and labor,_plus ten percenr- i1 The city may access city-owned conduit or ducts provided_ under this-subsection,F at any time,+but shall not interfere with_ grantee's system or facilities, and the city,shall have no r_ights_of physical access to grantee's facilities for construction; interconnections or splicing without grantee's consent.' 2. The city may install or affix and maintain wires and equipment for municipal'purposes within any of grantee' s surplus conduit or ducts, without charge to the city. All work to affix or maintain city wires and equipment shall be performed by'grantee and shall be performed at city expense at a charge of its direct costs of material and labor, plus 10 percent. The city shall not have access to°grantee's surplus conduits or ducts without grantee's prior approval, except in the event of an emergency requiring that the city obtain immediate access to those conduits or ducts. In such an emergency, the city shall exercise its best efforts to notify the grantee as soon as possible of the emergency and the city's need for access: Page 10 — JAN. 99 AMENDMENFT$SER\PAUU7eiecommunicationstordinanms ueiecomm amend 199 anno.wpd) 3. The value of the city's use of grantee's surplus conduits or ducts may not be deducted from grantee's franchise fee or other fees payable to the city, unless otherwise authorized by law. The franchisee shall not be responsible for any damage resulting to the wires'or property of the city occurring,as a result of city's use of grantee's surplus_conduits or ducts.. "Surplus'ducts or:conduitsr' are'ducts or conduits other than those occupied by the grantee, one unoccupied A uct he ld:by grantee as an emergency,use spare, and'other unoccupied ducts that the grantee reasonably expects.to use_within.the next-1 8 months! G. The city engineer may grant exceptions to some or all of the requirements of this section if the engineer determines, in the engineer's sole discretion, that a waiver is necessary to fulfill the purpose and intent of this title. SECTION 23. Section 16.16.030 of the Ashland Municipal Code is amended to read: 16.16.030 Relocation or Removal of Facilities. Within 60 days following written notice from the city, a grantee shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any telecommunications facilities within the public rights of way whenever the city shall have determined that such removal, relocation, change or alteration is reasonably necessary for: A. The construction, repair, maintenance or installation of any city or other public improvement in or upon the public rights of way. B. The operations of the city or other governmental entity in or upon the public rights of way. Notwithstanding the 60 day limit, a grantee shall, at its own expense, relocate overhead facilities within 30 days following written notice from the Electric Utilities Department that the city or a.joint pole owner has space on poles for such purpose. The 60 day limit may be waived by consent of the parties. Waivers shall not be unreasonably withheld. SECTION 23. Section 16.16.040 of the Ashland Municipal Code is amended to read: 16.16.040 Removal of Unauthorized Facilities. Within 30 days following written notice from the city, any grantee, telecommunications carrier, or other person that owns, controls or maintains any unauthorized telecommunications system, facility or related appurtenances within the public rights of way of the city shall, at its own expense, remove such facilities or appurtenances from the public Page 11 — JAN. 99 AMENDMENFT$SER\PAUL\Telecommunications\Ordinances\telecomm amend 199 anno.wpd) rights of way of the city. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances: A. One year after the expiration or termination of the grantee's telecommunications liee�franchise. B. Upon abandonment of a facility within the public rights of way of the city. A facility will be considered abandoned when it is deactivated, out of service, or not used for its intended and authorized purpose for a period of 90 days or longer. A facility will not be considered abandoned if it-is temporarily out of service during performance of repairs, if the facility is excess capacity of a current grantee who is not in___ ul , the facility is being replaced or if the facility has been disconnected because the building or property being served is vacant. C. If the system or facility was constructed or installed without the prior grant of a telecommunications iieense-enfranchise. D. If the system or facility was constructed or installed without the prior issuance of a required construction permit. E. If the system or facility was constructed or installed at a location not permitted by the grantee's telecommunications fieense-enfranchise. F. If the system interferes with or adversely affects existing telecommunication facilities. The 30 day limit may be waived by consent of the parties. Waivers shall not be unreasonably withheld. If all the facilities and appurtenances are not removed within one year after the termination or expiration of the franchise or lieense or such further time as may be granted by the city, they shall be forfeited to the city. The city may notify the grantee, carrier or other person described above that it waives forfeiture and may compel removal from the public right of way and restoration of the right of way and may maintain court suit to require such removal and restoration by the grantee, carrier or other person or the payment of the cost thereof by the grantee, carrier or other person. Page 12 — .IAN. 99 AMENDMENT\SSER\PAUUTeie mmunic tions%OrdinanmsUeieoomm amend 199 anno.wpd) SECTION 25. Chapter 16.20 of the Ashland Municipal Code is amended to read in its entirety as follows: Chapter 16.20 Telecommunications Lieense of Franchise Sections: 16.20.020 Telecommunications Franchise 16.206030 Application 16.20.040 Application and Review Fee 16.20.050 Determination by the city 16.20.060 Rights Granted 16.20.070 Term of Grant 16ze.080 1 eense Route 16.20.090 Franchise Territory 16.20.100 Compensation to city 16620.110 Amendment of Grant 16.20.120 Renewal Applications 16.20.130 Renewal Determinations 16.20.140 Obligation to Cure As a Condition of Renewal 16.20.150 Assignments or Transfers of Grant, Notice to city 16.20.170 Revocation or Termination of Grant 16.20.180 Notice and Duty to Cure 16.206190 Public Hearing 16.20.200 Standards for Revocation or Lesser Sanctions 16.20.210 Other city Costs -halrvc red of any teleeommunications earrier who desires to eecupy specific publi 5 of way of the eity identified by th - 16.20.020 Telecommunications Franchise. A telecommunications franchise shall be required of any telecommunications carrier who desires to occupy public rights of way of the city based an geographie areas within the eity. 16.20.030 Application. Any person that desires a telecommunications +ieense ar franchise pursuant to this chapter shall file an application with the Finance Department which shall include the following information: A. The identity of the applicant, including all affiliates of the applieant deimg business On the State of Oregon. Page 13 — JAN. 99 AMENDMENTBSER\PAUL\Telewmmunications\Ordinanms\telecomm amend 199 anno.wpd) B. A description of the telecommunications services that are or will to be offered or provided by the applicant over its telecommunications facilities within the city. C. A deseription of the transmission medium that is being used or will be used by the applieant to offer or provide stiel-I tLelecorrirritimicateon-S services within the eity. ---E). Preliminary engineering plans, specifications_and.a_network map of the facilities to be located within the 'public rights of way in the;city,_including copies in a computerized format specified by_the city (unless the applicant demonstrates that the format utilized was developed by the 'applicant_and is proprietary)and all in sufficient detail to identify- 1. the location and route requested for applicant's proposed telecommunications facilities; 2. the 'oeafion of a" aboveground and undergrotind publie tllfl;�. telecorrimunieation, eable, water, sewer, storm drainage and othe faei'*tles in the publie rights of way along the proposed ratite, 3. the location(s), if any, for with the teleeorrin-tunmeations 11. the speeifie trees, structures, and obstructions, if any, that appliesn't vtwpwses to temporarily or permaneritly 1-Wrieve or relocate. ED. If applicant is proposing to install aboveground facilities, to the extent that they the applicant will be using utility poles, evidence from the Electric Utilities Department or pole,owner that surplus space is available for locating the applicant's telecommunications facilities on existing utility poles along the proposed route; and if surplus space is not available in some or all service areas, an indication of these locations and a "make ready" schedule for completion. FE. If the applicant is proposing an underground installation in existing ducts or conduits within the public rights of way, provide information in sufficient detail to identify: 1. the excess capacity currently available in such ducts or conduits before installation of applicant's telecommunications facilities; 2. the excess capacity, if any, that will exist in such ducts or conduits after installation of applicant's telecommunications facilities. 6F. If applicant is proposing an underground installation within new ducts or conduits to be constructed within the public rights of way: 1. the location proposed for the new ducts or conduits; 2. the excess capacity that will exist in such ducts or conduits after the installation of applicant's telecommunications facilities. Page 14 — JAN. 99 AMENDMENFTBSERtPAUL%Telecommunications lordinancesUeiecomm amend 199 anno.wpd) HG. A preliminary construction schedule and completion date. F*nan6a' statements prepared in accordanee with generally accepted j. Information in suffi6ent deta" to establish the applieant's technieal elLialifiesti ind expertise regarding the te'eeornrntlni�ati�ns faeilities and services described in the application. KH. Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities and to offer or provide the telecommunications services proposed. L. Whether the applieant intends to provide eable serviee, video dial tone Mi. An accurate map showing the location of any existing telecommunications facilities in the city that applicant intends to use or lease. N. A description of the serviees or facilities that the applieant will offer o miske available to the eity and other publie, edueational and governmental institutions. 0. As Builts, after completion of initial construetiom. Q. The area or areas of the eity the applicant desires to serve a nd a schedule foi build a t to the embre franeMse area. R. Sueh other information as may be reeltiested by the eity administrator o the admonistratees designee- 16.20.040 Application and Review Fee. A. Any applicant for a fieense-or-franchise pursuant to this chapter shall pay an application and review fee in an amount to be determined by resolution of the city council. B. The application and review fee shall be deposited with the city as part of the application filed pursuant to section 16.20.030. 16.20.050 Determination by the city. The city shall issue a written determination granting or denying the application in whole or in part, applying the Standards below. If the application is denied, the written determination shall include the Page 15 — JAN. 99 AMENDMENFT$sER\PAUUTelecommunicationskOrdinances ttelecomm amend 199 anno.wpd) reasons for denial. The standards to be applied by eity are: ie eapaeity of the public rights of way to aeeommodste the applicant'S 1. oroseQ7d�7C5 E). The capaeity of the publie rights of way to acearrimodate additional titility and the fr,anehist�-, � EO The damage or disruption, Of any, of publie or private facilitiesr, '-d I The public interest in rnimimizing the cost and disruption of eonstrueti within the publie rights of war. �`-e serv:ee that applieant will provide to the community and The effeet, if any, an publie health, safety and welfare if the ense franehise is granted. j. Applicable 1�-Uderal and state teleeornmunieations laws, regulations and R. Stjeh other factors as may demonstrate that the grant to use the publie rights of way will serve the earnmunity intel est. 16.20.060 Rights Granted. No license-enfranchise granted under this chapter shall convey any right, title or interest in the public rights of way, but shall be deemed a_ grant to use and_ occupy_the public rights of way for the limited purposes and term`; and upon the conditions'stated in the kense oragreement. Further, no license 0 16.20.070 Term of Grant. Unless otherwise specified in a nfranchise agreement, a telecommunications fieense-enfranchise granted under this title shall be in effect for a term of five years. Page 16 — .IAN. 99 AMENDMENFT$SERtPAULtTele mmunic tions\ordinances\teiec mm amend 199 anno.wpd) 16.20.880 Lqeense Route. A telecommunications license granted tinder this chapter shall be limited to a grant to use specifie public rights of way and defined portions of the rights of wav 16.20.090 Franchise Territory. konless otherwise specified in a--franchise, agreement, telecommunications franchise granted under this chapter shall be limited to the specific geographic area of the city to be served by the franchise grantee, and the public rights of way necessary to serve such areas. 16.20.100 Compensation to city. Each lieense-ate-franchise granted under this chapter is subject to the city's right, which is expressly reserved, to annually fix a fair and reasonable compensation to be paid for the privileges granted; provided, nothing in this chapter shall prohibit the city and a grantee from agreeing to the compensation to be paid. 16.20.110 Amendment of Grant. Conditions for amending a fie�franchise: A. A new application and grant shall be required of any telecommunications carrier that desires to extend or locate its telecommunications facilities in public rights of way of the city which are not included in a fieense ar franchise previously granted under this title. B. If ordered by the city to locate or relocate its telecommunications facilities in public rights of way not included in a previously granted fieense or-franchise, the city shall grant an amendment without further application. A new application and grant shall be required of any telecommunications carrier that desires to provide a service which was not included in a lieense-er-franchise previously granted under this title. 16.20.120 Renewal Applications. A grantee that desires to renew its fieense o franchise under this chapter shall, not less than 90 days before expiration of the current agreement, file an application with the city for renewal of its license er franchise which shall include the following information: A. The information required pursuant to section 16.20.030 that has not previously been provided to the city in connection with grantee's existing franchise agreement. B. Any information required pursuant to the liee�franchise agreement between the city and the grantee. 16.20.130 Renewal Determinations. Within 90 days after receiving a complete application under section 16.20.120, the city shall issue a written determination granting or denying the renewal application in whole or in part, applying the following standards. If the renewal application is denied, the written determination shall include the reasons for non-renewal. Page 17 — JAN. 99 AMENDMENF1 8SER\PAUL\Telecommunications\Ordinances\telecomm amend 199 anno.wpd) A. The financial and technical ability of the applicant. B. The legal ability of the applicant. C. The continuing capacity_of the public rights of way to accommodate the applicant's existing and proposed Jaci Iities. D. The applicant's compliance with the requirements of this title and the Ueense enfranchise agreement. E. Applicable federal, state and local telecommunications laws, rules and policies. F. Such other factors as may demonstrate that the continued grant to use the public rights of way will serve the community interest. 16.20.140 Obligation to Cure As a Condition of Renewal. No license-enfranchise shall be renewed until any ongoing violations or defaults in the grantee's performance of the agreement, or of the requirements of this title, have been cured, or a plan detailing the corrective action to be taken by the grantee has been approved by the city. 16.20.150 Assignments or Transfers of Grant, Notice to city. A. Grantee shall notify the city quarterly of the sale or lease of the capacity, bandwidth, lit fiber, dark fiber or switching services to any other telecommunications carrier. Notice, or city approval, prior to the transaction is not required, so long as grantee remains solely responsible for carrying out its obligations under its franchise agreement and this chapter. Transactions between affiliated interests are not exempt from this notice requirement. B. Ownership or control of a majority interest'a telecommunications system, license or franchise may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of the grantee, by operation of law or otherwise, without the prior consent of the city, which consent shall not be unreasonably withheld or delayed, and then only on such reasonable conditions as may be prescribed in such consent. 1. Grantee and the proposed assignee or transferee of the grant franchise or system shall provide and eertifyAhe-foffowiM ,iforrnat'on to the e0ty not less than 120 days prior to the proposed date of transfer: a. Gornplete information setting forth the nature, terms and eendition of the proposed tramsfer or assignment; Page 18 — .IAN. 99 AMEN DMENf\SSERw AUL\Telemmmuniwlions\OrdinancesUelec mm amend 199 anno.wpd) franchise applicant ptirstiant this chapter with respect to the proposed transferee or assignee— w agree, in writing to anume_and abide a by all of the of-the franchise. 2. No transfer shall be approved unless the assignee or transferee has the legal, technical, financial and other requisite qualifications to own, hold and operate the telecommunications system pursuant to this title. 3. Unless otherwise provided in a fieense-ar-franchise agreement, the grantee shall reimburse the city for all direct and indirect fees, costs, and expenses reasonably incurred by the city in considering a request to transfer or assign a telecommunications fieense-eFfranchise. 4. Any transfer or assignment of a telecommunications grant franchise, system or integral part of a system without prior approval of the city under this section or pursuant to a lieense ar franchise agreement shall be void and is cause for revocation of the grant. 16.20.160 Transactions Affecting Centro' of Grant. Any transactions whieh singulady or eelleetively restilt in a change of ten pereent or more of the ownership or working eomtrel of the gramtee, of the ownership or working eontrel of a teleeeninitineeations V eense or franchise, of the owmership or working control of affiliated entities having ownership or working contra' of the gramtee or of a teleeemmunications systern, 0 of eontrol of the eapaeity or bandwidth of grantee's teleeornmunication systern, fae"Oties or substantial parts of stieh capacity or bandwidth, she" be eemsidered am . nment or transfer requidng eity approval pursuant to seetion 16.20.1 Trar;setwons between affiliated entities are not exempt frorn eity approval. 16.20.170 Revocation or Termination of Grant Franchise. Mit tsevr franchise to use or occupy public rights of way of the city may be revoked for the following reasons: A. Construction or operation in the city or in the public rights of way of the city without a 4eense-er franchise grant of authorization. B. Construction or operation at an unauthorized location. C. . D. Unauthorized assignment of a lieense or franchise. Failure to comply with section with respect to sale, transfer or assignment of a telecommunications system or franchise. Page 19 —JAN. 99 AMENDMENFT\BSER\PAUL\Telecommunications\Ordinances\telewmm amend 199 anno.wpd) E. Unatithor'zed sale, assignment or transfer of grantee's franchise O,r license assets, or a substantial interest an the franehise or Imeense. FD. Misrepresentation by or on behalf of a grantee in any application to the city. GE. Abandonment of telecommunications facilities in the public rights of way. HF. Failure to relocate or remove facilities as required in this title. I.P. Failure to pay taxes, compensation, fees or costs when and as due the city. dH. Insolvency or bankruptcy of the grantee. KII. Violation of a material provision of this title. 0. Violation of a material term of a license or ranchise agreement. 16.20.180 Notice and Duty to Cure. In the event that the city believes that grounds exist for revocation of a liee�franchise, the city shall give the grantee written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing the grantee a reasonable period of time not exceeding 30 days to furnish evidence: A. That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance. B. That rebuts the alleged violation or noncompliance. C. That it would be in the public interest to impose some penalty or sanction less than revocation. 16.20.190 Public Hearing. In the event that a grantee fails to provide evidence reasonably satisfactory to the city as provided in section 16.20.180, the city administrator shall refer the apparent violation or non-compliance to the city council. The city council shall provide the grantee with notice and a reasonable opportunity to be heard concerning the matter. 16.20.200 Standards for Revocation or Lesser Sanctions. If persuaded that the grantee has violated or failed to comply with material provisions of this title, or of a franchise or license agreement, the city council shall determine whether to revoke the license-eFfranchise, or to establish some lesser sanction and cure, considering the nature, circumstances, extent and gravity of the violation as reflected by one or more of the following factors: A. Whether the misconduct was egregious. Page 20 — .IAN. 99 AMENDMENFT`13SER\PAUL\Teiecommunications tOrdinances\teiecomm amend 199 anno.wpd) B. Whether substantial harm resulted. C. Whether the violation was intentional. D. Whether there is a history of prior violations of the same or other requirements. E. Whether there is a history of overall compliance. F. Whether the violation was voluntarily disclosed, admitted or cured. SECTION 26. Section 16.24.040 of the Ashland Municipal Code is amended to read: 16.24.040 Nondiscrimination. A grantee shall make its telecommunications services available to any customer within its heense-enfranchise area who shall request such service, without discrimination as to the terms, conditions, rates or charges for grantee's services; provided, however, that nothing in this chapter shall prohibit a grantee from making any reasonable classifications among differently situated customers. SECTION 27. Section 16.24.050 of the Ashland Municipal Code is amended to read: 16.24.050 Service to the city. tol make its teleeerrimunieetions If the city contracts for the use of telecom munication;facilities;.telecommunication services;installation, cr. maintenancefrom the;grantee, th"gi ante&shall charge the city the�grantee's most favorable rate offered at the time of the request charged to a-similar users within Oregon for a similar volume of service subiect_to any of grantee's tariffs or price lists on file with the OPUC. .With the city's permission';;Grantee may deduct the applicable charges from franchise fee payments. Other terms and conditions of such services may be specified in a separate agreement between the city and grantee. SECTION 28. Section 16.24.060 of the Ashland Municipal Code is amended to read: 16.24.060 Compensation for city Property. If any right is granted, by lease, flee , franchise or other manner, to use and occupy city property for the installation of telecommunications facilities, the compensation to be paid for such right and use shall be fixed by the city. SECTION 29. Section 16.24.070 of the Ashland Municipal Code is amended to read: 16.24.070 Franchise and License Fees. As compensation for the benefits and privileges under its franchise or heense and in consideration of permission to use the right-of-way of the city, the grantee shall pay a quarterly franchise fee Page 21 — JAN. 99 AMENDMENFT$SER\PAUL\Telecommunications\Ordinanres\telecomm amend 199 anno.wpd) to the city, through the duration of its franchise, as follows: A. The minimum quarterly franchise fee shall be set by resolution of the council. B. Except-for_limited-use telecommunication grantees„Tthe franchise fee shall equal a percent of the grantee's gross revenues derived from grantee's provision of telecommunications services and telecommunications facilities to retail customers and one percent (1%) on all other gross revenues derived from grantee's provision of telecommunications services and telecommunications facilities to wholesale customers, _including other telecommunications carriers ifFsuch customers or carriers are also.telecomraunication granteessunder�this,titie If such customers orcarners are not grantee the francbise•fee shall=equal'tFie"fee>for retail'customers. The amount of the percent for,retail customers shall be set by resolution of the council. C. A limitedwsejelecommunication granteeshall pay ajee,based on the numberrof,linearfeet of right ofirway usad i united use telecom munication£grantee is defined�as onerwhose,;franchise limits the amount of linear feet,the granteeRmayioccupy oroneiwho has a franchise as of October 1998 for thef"purpose of long distance telecommunications. The fee per linear foot hallsbe set-by resolution&A.' 'dounciL D:' The annual franchise fee collectable from a telecommunications utility shall not exceed the maximum amount under Oregon Law. The city shall accept from a telecommunications utility, in full payment of the franchise fee, the maximum amount allowed under Oregon law. On request, the telecommunications utility must provide documentation to support its calculation. i3E Grantee shall be "providing" telecommunications services or facilities if it sells, leases, resells, or otherwise conveys such services or facilities for consideration. EF: A grantee providing resold telecommunications services or facilities shall be entitled to a credit against its franchise fee for an amount equal to a percentage of the price paid for such services or facilities at wholesale. Such percentage shall be set by resolution of the council. FG. So long as it registers with the city as required in chapter 16.08 and pays the fees required for grantees set forth is subsections A and B.above, a reseller may use another person's facilities to engage in telecommunications activities in the right-of-way without obtaining a franchise, providing the reseller does not, either itself or through an affiliate, own or lease,control or Page 22 — ,IAN. 99 AMENDMENFTISSERI PAUL\Teiecommunications\ordinances\teiecomm amend 199 anno.wpd) manage any facilities in the right-of-way and is not involved in construction or repair of facilities in the right-of-way. For purposes of calculating the fees to be paid by a reseller, the amount of compensation paid by the resellerto the owner or .manager,;of facilities.in the right-of-way for-the services it resells_ shall be deducted from the reseller'sgross revenues before applying,the percentage rates.described subsection B above: GH. Payment shall be made by each April 25, July 25, October 25 and January 25 for the quarter just ended. Any grantee who fails to remit any fee imposed by this chapter within 30 days of the date it is due, shall pay interest at the rate of one percent (1%) per month or fraction thereof on the amount of the fee from the date on which the remittance first became due until paid. SECTION 30. The paragraph following section 16.24.100.D of the Ashland Municipal Code is amended to read: The liability insurance policies required by this section shall be maintained by the grantee throughout the term of the telecommunications license ar franchise, and such other period of time during which the grantee is operating without a franchise orileense, or is engaged in the removal of its telecommunications facilities. Each such insurance policy shall contain the following endorsement: "This policy may not be canceled nor the intention not to renew be stated until 90 days after receipt by the city, by registered mail, of a written notice addressed to the city's risk manager of such intent to cancel or not to renew." SECTION 31. Section 16.24.110 of the Ashland Municipal Code is amended to read: 16.24.110 General Indemnification. Each heensevr-franchise agreement shall include, to the extent permitted by law, grantee's express undertaking to defend, indemnify and hold the city and its officers, employees, agents and representatives harmless from and against any and all damages, losses and expenses, including reasonable attorney's fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the grantee or its affiliates, officers, employees, agents, contractors or subcontractors in the construction, operation, maintenance, repair or removal of its telecommunications facilities, and in providing or offering telecommunications services over the facilities or network, whether such acts or omissions are authorized, allowed or prohibited by this title or by a grant agreement made or entered into pursuant to this title. Page 23 —JAN. 99 AMENDMENT\SSER\PAUL\Telecommunica lions\Ordinances\telecomm amend 199 anno.wpd) SECTION 31. Section 16.24.120 of the Ashland Municipal Code is amended to read 16.24.120 Performance Surety. Unless the city otherwise specifically approves an alternative security to assure performance, before a licensee franchise granted pursuant to this title is effective, the grantee shall provide and maintain a performance bond, in form and substance acceptable to the city, as security for the full and complete performance of this title, including any costs, expenses, damages or loss the city pays or incurs because of any failure attributable to the grantee to comply with the codes, ordinances, rules, regulations or permits of the city. Page 24 — .IAN. 99 AMENDMENffBSER\PAULtTeiewmmunic tionstordinanmstteiewmm amend 199 anno.wpd) Council Communication City Attorney January 5, 1999 Title: A Resolution Establishing the City of Ashland Programming Committee for the Ashland Fiber Network Cable Television(AFN/CATV) System and Prescribing Its Duties and Responsibilities. Submitted by: Paul Nolte/'✓ Approved by: Mike Freeman/ Synopsis: This ordinance creates a programming committee who will select the commercial programming for the cable television system being developed and implemented by the city. Recommendation: Staff recommends adoption of the resolution by motion of the council. Background Information: The federal act controlling cable television in the United States(Cable Communications and Policy Act of 1984) specifically provides that local government may"hold any ownership interest in any cable system."If the city owns a cable system,however,the federal act requires that the city not exercise any editorial control "regarding the content of any cable service . . . unless such control is exercised through an entity separate from the (city)." There are no cases interpreting the separate entity requirements of this federal law nor has the Federal Communications Commission seen fit to augment the law's requirements through any rules or regulations. It is clear from the legislative history of this provision though that Congress (at least the Senate Committee on Commerce, Science and Transportation) felt that"government officials should not participate in decision making on matters affecting program content." The programming committee resolution was drafted to meet these federal requirements. The committee has unfettered discretion in determining programming content for Ashland's cable system with three exceptions which are in the resolution: 1) the selection of programming must be consistent with the revenue and expense projections involved with the financing of the system - see resolution §4.C; 2)the committee may not exercise its powers in a manner that restricts or interferes with the city's ability to comply with federal and state laws - see resolution §4.D; and 3)the city retains the right to control programming on any channel designated for governmental use- see resolution §5. This right is specifically granted in the federal act. ' 47 U.S.C. 533(e)(2) RESOLUTION NO. 99- A RESOLUTION ESTABLISHING THE CITY OF ASHLAND PROGRAMMING COMMITTEE FOR THE ASHLAND FIBER NETWORK CABLE TELEVISION (AFN/CAN) SYSTEM AND PRESCRIBING ITS DUTIES AND RESPONSIBILITIES. RECITALS: A. The City of Ashland is in the process of establishing a municipally owned cable television system to be known as the Ashland Fiber Network Cable Television (AFN/CATV). B. The city desires to establish a separate entity to ensure that the city does not exercise editorial control regarding the content of any cable service on its cable system as required by section 613(e) of the federal Cable Communications and Policy Act of 1984. C. The city council desires to establish such an entity prior to the time AFN/CAN becomes operational and formally express its intent that neither the council nor the mayor nor any other official of the city shall interfere with programming decisions which are to be made by the entity established by this resolution. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Established — Membership. The AFN/CAN Programming Committee is established and shall consist of seven voting members who shall be appointed by the mayor and confirmed by the council. For the initial appointments, two members shall be appointed to terms expiring April 30, 2000, two members to terms expiring April 30, 2001, and three members to terms expiring April 30, 2002. SECTION 2. Term —Vacancies. The term of the voting members shall be for three years, expiring on April 30 of each year. Any vacancy shall be filled by appointment by the mayor, with confirmation by the city council, for the unexpired portion of the term. terms. Any voting member who is absent for four or more meetings in a one-year period shall be considered no longer active and the position vacant, and a new member shall be appointed to fill the vacancy. SECTION 3. Quorum — Rules and Regulations. Four voting members of the committee shall constitute a quorum. At its first meeting of the year, the committee shall elect a chair, vice-chair and a secretary, who shall hold office at the pleasure of the committee. The committee may make rules and regulations for its meetings, consistent with the laws of the state and city charter and ordinances, and shall meet as necessary. The rules and regulations promulgated by the committee shall provide for receiving input from the residents of the city. SECTION 4 Powers and Duties — Generally. The primary purpose of the committee Page 1 — Resolution (G:tPAUL\Telecommunications\Ordinanoestprogmm committee resmpd) shall be to make programming determinations regarding AFN/CAN. The powers, duties and responsibilities of the committee shall be as follows: A. The committee shall serve as a complete separate entity from the city to achieve separate editorial programming, selection of material and transmissions. B. The committee shall conduct such public hearings deemed helpful to gather information from the residents and citizens in performing its function. The committee may request any necessary special studies on the location, condition, and adequacy of available programs and the desirability of any matters to be so transmitted. The committee may acquire and maintain such information and materials as are necessary to achieve and accomplish its duties. C. The selection of these channels shall be made by the committee in a manner consistent with the revenue and expense projections involved with the financing of the system. D. The committee may not exercise its powers in a manner that restricts or interferes with the city's ability to comply with federal and state laws. SECTION 5. Editorial Control. Neither the city council, the mayor, nor any other official of the City of Ashland shall exercise any editorial control regarding the content of any cable service owned or operated by the city, other than programming on any channel designated for governmental use. SECTION 6. Reports. The committee shall submit copies of its minutes to the city council and shall prepare and submit such reports as from time to time may be requested of it by the city council. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this day of 1999. Barbara Christensen, City Recorder SIGNED and APPROVED this day of , 1999. Catherine M. Shaw, Mayor Reviewed as to form: Page 2 — Resolution (G:\PAUL\Telecommunications\Ordinanoes\program committee resmpd) PUBLIC HEARING ON JANUARY 5 , 1999 FINANCING FOR THE ASHLAND FIBER NETWORK (AFN) Comments by John W. Nicholson, 1575 Greenmeadows Way, Ashland , OR (Phone: 482-4161 ) Fiduciary Responsibilities - The Governing Body has fiduciary res- ponsibilities to all citizens of Ashland . The electorate will bear the burden of any deficits of the AFN through either fees or taxes . As a matter of equity and fair treatment, the electorate should have the deciding vote on the AFN. Loan from State - On 3-17-98 , the Governing Body approved the AFN "subject to a viable financial plan" . As of 1-5-99 , a viable plan does not as yet exist. The public should be advised as to why the City has been unable to finance the AFN through commercial and invest- ment bankers . Seeking a loan from the Oregon Economic Development Department appears to be a last-resort financing effort. Loan Repayment - The loan application (page 10) indicates that the City 's telecommunication fund and general fund will be pledged to repay the State loan. Doesn ' t this mean that the City will be com- mitted to assess real estate taxes ( if necessary) to pay off the State loan? In substance, the loan repayment commitment appears to be the equivalent of a "double-barreled" bond (see Oregon Bond Manual for definition) . Does such a loan have to be submitted to voters? Keep Faith With The Electorate - City officials have periodically made representations that general funds and the City ' s powers to assess real estate taxes would not be used to finance the AFN. The aforementioned pledging of the general fund to repay a State loan would seem to belie those representations . Pledging of the general fund introduces a significant, new component to the AFN proposal . The proposed pledging of general funds further indicates a need for a public vote on the AFN. "Most Likely Case" Scenario - City officials periodically cite the "Most Likely Case" scenario in the Beck report . The scenario shows losses for three years but a cumulative profit of $ 5 .6 million over a ten-year period . The AFN would be a start-up, speculative venture. Historically, start-up ventures have had a high rate of failure. A more likely scenario would probably be that the AFN will prove to be a financial fiasco. Millions of dollars of public monies should not be put at risk on the basis of rosy forecasts in the Beck report. Technological Obsolescence - A revolution is going on in telecommun- ications. The pace of change is rapid , and assets purchased with loan proceeds will soon be obsolete. Obsolescence will, in turn , require further capital investment in the near future. The loan application should , but does not, disclose how the City will handle technological obsolescence of its facilities. (continued ) r Public Hearing on AFN Financing - J. W. Nicholson Comments (cont . ) Beck Disclaimer - Beck hedges its reponsibilities for projections in its report with a strong disclaimer. If Beck does not stand be- hind all its financial projections , the Governing Body should not rely on them. [See addendums A and B] Other Infrastructure Projects - The City has a number of other infrastructure projects on its docket. Most of these projects are of more benefit and more importance to average citizens than the AFN. The AFN is a desirable but not a necessary infrastructure. Further- more , at least one private-sector company, Falcon Cable TV, stands ready to finance the AFN. The City should abandon its fixation on maintaining operating control of the AFN and negotiate ( in good faith) with Falcon for a public-private partnership for the AFN. \FI JJohn W. Nicholson �-� 9 7-r