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2009-1020 Council Mtg PACKET
CITY OF -ASHLAND tmpNOftdflt-;rAny citizen mayoralty address.the Couggbi on agenda items dunng~[heEublic Aorum. Any citizen may submn wntien comments to the Councd on+an i.. tem on the gen, unless it is the opubtheari ng Excetbhe?heangs, ihere~is no absolutriime pemutting, the Presiding OtTcer tmy alto oral testimony; however, public meetings law guarantees onlypoblia ttendance,not public=pertcipa5on f yowwish•to speak, please fill out the Speaker Req'uesufo, located,near e en rice to the Council Chambers. The chair will recognize you and mfortn.you as°~to theamount of tune allot eddo yon, Many ~ejti~me granted will be.dependent tosbmeextent on a naNre of [he iiemrider discussion, thenumber.of==people who wisR to be heard„and [he lehgthof theagenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL October 20, 2009 Council Chambers 1175 E. Main Street 7:00 p.m. Regular Meeting L CALL TO ORDER II. PLEDGE OF ALLEGIANCE Ill. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? [5 minutes] 1. Study Session of October 5, 2009 2. Executive Session of October 5, 2009 3. Executive Session of October 6, 2009 4. Regular Council of October 6, 2009 5. Executive Session of October 13, 2009 Vi. SPECIAL PRESENTATIONS & AWARDS 1. Proclamation of October 24th as United Nations Day VII. CONSENT AGENDA [5 minutes] 1. Does the Council accept the Minutes of Boards, Commissions, and Committees? 2. Does the Council have any questions regarding the Annual Valdez Principles report? 3. Should the Council continue to November 17 the first reading of ordinances amending the Ashland Land Use Ordinance (ALUO) to include Chapter 18.63 Water Resource Protection Zones and make related amendments of the ALUO and Comprehensive Plan regarding the protection of wetlands, streams and riparian corridors? 4. Does the Council wish to authorize the City Administrator to send a letter to Ashland Community Hospital (ACH) that waives the City's right to terminate the Facilities lease and resume responsibility for operation of the Hospital? 5. Will the Council ratify the City Administrator's decision to terminate Stage 1 of Water Curtailment? 6. Should the Council approve a resolution to adjust budget appropriations for changes in operational expenses to remain in compliance with Oregon Budget Law? 7. Will the Council, acting as the Local Contracts Review Board, approve a Contract-specific Special Procurement requesting approval to directly award a contract for Personal Services - specialized and highly technical computer programming, troubleshooting and repair service - to Quality Systems Integration? COtNCIt_ MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CFFY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.ORRUS VIII. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the public hearing. All hearings must conclude by 9:00 p.m., be continued to a subsequent meeting, or be extended to 9:30 p.m. by a two-thirds vote of council {AMC §2.04.050)) None. IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all people wishing to speak to complete their testimony.) (15 minutes maximum) X. UNFINISHED BUSINESS 1. Should the Council approve "A Resolution Adopting Right-of-Way Encroachment Guidelines, Standard Forms, Minimum Standards for Functional Items, and the Downtown Sidewalk Useage Map" (hereafter referred to as'ROW Guidelines')? [30 Minutes] 2. Does the Council wish to have staff continue working with the Planning Commission on amending the Land Use Ordinance with respect to planning application timetable extensions and planning application timetable tolling? [30 Minutes] XI. NEW AND MISCELLANEOUS BUSINESS 1. Does the Council have any questions regarding the information update on the Siskiyou Fire of September 21, 2009 that occured south of Ashland? [10 Minutes] 2.. Does the Council want to direct staff to prepare and submit an application to Oregon Department of Transportation (ODOT) for an Immediate Opportunity Fund (IOF) grant of up to one million dollars to be used for road construction at the Croman Mill site? [20 Minutes] 3. Does the Council approve of the Mayor's appointments to the Economic Development Strategy Policy Group and Technical Advisory Committee, as well as the proposed initial layout of the public involvement? [20 Minutes] 4. Should the Council authorize the signing of a land use application that would include modifications to city-owned, public property along Winburn Way? [30 Minutes] XII. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Should the Council approve second reading of an ordinance titled, "An Ordinance Relating to Liquor License Review and Amending AMC Chapter 6.32"? [5 Minutes] 2. Should the Council approve second reading of an ordinance titled, "An Ordinance Relating to Chain Requirements for Commercial Vehicles"? [5 Minutes] 3. Should the Council approve second reading of an ordinance titled, "An Ordinance Relating to Parking and Amending AMC 11.24.070"? [5 Minutes] 4. Should the Council approve first reading of an ordinance titled, "An Ordinance Relating to Fireworks and Amending AMC 15.28.070" [30 Minutes] XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Discussion regarding AFR letter. 2. Will the Council adopt a Resolution supporting HR3745, the Community Access Preservation Act, which addresses critical and immediate threats to PEG regulation (Public Education, Government) and to contact the Oregon congressional delegation to support passage of the legislation? 3. Discussion regarding default on a Food and Beverage Tax Agreement. 4. Discussion regarding Council Seating. XIV. SUMMARY OF MEETING XV. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT HE CITY OF ASI)LAND'S WEB SITE AT G4'WW.ASI-ILAND.OR.L1S CITY COUNCIL STUDY SESSION October S, 2009 Page 1 of 2 MINUTES FOR CITY COUNCIL STUDY SESSION Monday, October 5, 2009 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 7:35 p.m. Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman were present. 1. Look Ahead Review City Administrator Martha Bennett reviewed the items on the Council Look Ahead. 2. Discussion regarding Fire Prevention and Life Safety Inspections. Fire Chief John Karns provided the staff report that recommended instituting Fire Prevention and Life Safety Inspections for businesses and multi-family residences three units and above. The Fire Marshal and Inspector or Suppression members would execute inspections depending on the expertise required. The State of Oregon requires certification for inspections and the Fire Department was currently going through the training process. Public education would occur in advance of the inspections. The Fire Department would rotate inspections every two years and eventually. the entire department will have inspected all 1,800 buildings. Normally inspections would occur yearly but with the current budget and staffing every two years was reasonable. Chief Kams went on to explain the fee structure was based on the salary of two Fire Department employees, the occupancy type, square footage and inspection time. Penalties for non-compliance would include a fine and business license suspensions or revocations. The Fire Prevention and Life Safety Inspection program would improve the City's fire mitigation rating with the Insurance Services Office (ISO). Revenue generated from the fee collection would pay for associated costs, advanced training for the Fire Department and fund the Fire Inspector position. Council consensus was to move forward with the program. 3. Discussion regarding the Summary of Citizen Feedback on Council Goals, Values, and Vision and the Next Steps. Management Analyst Ann Seltzer handed out additional feedback and summarized the public input received regarding Council Goals, Values and Vision. Public input was supportive of the goals with the exception of the following: • Social Equity Goal #1; Complete the development of affordable housing on Clay Street • Social Equity Goal #2; Conduct a comprehensive study of Ashland's homeless, and • Public Facilities Goal #1; Develop a plan to replace Fire Station #2 Ms. Seltzer noted that the Values section received the most feedback with the majority of responders supportive. The Vision Statement was supportive but based on public comment there seemed to be difficulty distinguishing between a vision as a statement of future condition versus a statement of present condition. Staff went on to discuss next steps. Council could review the public input regarding the goals and incorporate it into the January Goal Setting Session. For Values and Visions, staff recommended CITY COUNCIL STUDY SESSION October 5, 2009 Page 2 of 2 establishing a sub-committee to go through public responses and produce a re-draft for Council prior to the Goal Setting Session. Council and staff discussed sub-committee participant pros and cons and designated Councilor Voisin and Lemhouse to form a sub committee to work on the re-draft. Meeting adjourned at 7:45 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder CITY COUNCIL STUDY SESSION October S, 2009 Page I of2 MINUTES FOR CITY COUNCIL STUDY SESSION Monday, October 5, 2009 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 7:35 p.m. Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman were present. 1. Look Ahead Review City Administrator Martha Bennett reviewed the items on the Council Look Ahead. 2. Discussion regarding Fire Prevention and Life Safety Inspections. Fire Chief John Kams provided the staff report that recommended instituting Fire Prevention and Life Safety Inspections for businesses and multi-family residences three units and above. The Fire Marshal and Inspector or Suppression members would execute inspections depending on the expertise required. The State of Oregon requires certification for inspections and the Fire Department was currently going through the training process. Public education would occur in advance of the inspections. The Fire Department would rotate inspections every two years and eventually the entire department will have inspected all 1,800 buildings. Normally inspections would occur yearly but with the current budget and staffing every two years was reasonable. Chief Karns went on to explain the fee structure was based on the salary of two Fire Department employees, the occupancy type, square footage and inspection time. Penalties for non-compliance would include a fine and business license suspensions or revocations. The Fire Prevention and Life Safety Inspection program would improve the City's fire mitigation rating with the Insurance Services Office (ISO). Revenue generated from the fee collection would pay for associated costs, advanced training for the Fire Department and fund the Fire Inspector position. Council consensus was to move forward with the program. 3. Discussion regarding the Summary of Citizen Feedback on Council Goals, Values, and Vision and the Next Steps. Management Analyst Ann Seltzer handed out additional feedback and summarized the public input received regarding Council Goals, Values and Vision. Public input was supportive of the goals with the exception of the following: • Social Equity Goal # I; Complete the development of affordable housing on Clay Street • Social Equity Goal #2; Conduct a comprehensive study of Ashland's homeless, and • Public Facilities Goal #I; Develop a plan to replace Fire Station #2 Ms. Seltzer noted that the Values section received the most feedback with the majority of responders supportive. The Vision Statement was supportive but based on public comment there seemed to be difficulty distinguishing between a vision as a statement of future condition versus a statement of present condition. Staff went on to discuss next steps. Council could review the public input regarding the goals and incorporate it into the January Goal Setting Session. For Values and Visions, staff recommended CITY COUNCIL STUDY SESSION October S, 2009 Page 2 of 2 establishing a sub-committee to go through public responses and produce a re-draft for Council prior to the Goal Setting Session. Council and staff discussed sub-committee participant pros and cons and designated Councilor Voisin and Lemhouse to form a sub committee to work on the re-draft. Meeting adjourned at 7:45 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder ASHLAND CITY COUNCIL MEETING October 6, 2009 Page I of 5 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL October 6, 2009 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman were present. MAYOR'S ANNOUNCEMENTS Mayor Stromberg gave an update on the 1/186'" Infantry Battalion of the 41" Brigade Combat Team of the Oregon National Guard (1/186) sharing the company is currently making use of some slow time. He went on to announce vacancies on the Tree Commission, Conservation Commission, Housing Commission, Forest Lands Commission, and Citizen Budget Committee. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? The Study Session minutes of September 21, 2009 and Regular Council minutes of September 22, 2009 were approved with spelling correction to the Study Session minutes. SPECIAL PRESENTATIONS & AWARDS Mayor Stromberg's Proclamation of October 8, 2009 as Oregon Day of Culture was read aloud. A plaque was presented to Mike Munter for his assistance in apprehending a prowler that had eluded the Police for two years. CONSENT AGENDA (None) PUBLIC HEARINGS (None) PUBLIC FORUM UNFINISHED BUSINESS (None) NEW AND MISCELLANEOUS BUSINESS 1. Will the Council consent to the transfer of stock from Ashland Sanitary Service, Inc. to Recology, a solid waste collection company based in San Francisco? Management Analyst Ann Seltzer presented the staff report. She explained that the transfer would not affect the current terms of the franchise agreement with the City or the lease agreement. Communities contacted regarding the level of service provided by Recology had only positive feedback. Additionally, working relationships between city and Recology staff were positive. Current Ashland Sanitary Service, Inc. owners Russ Chapman and Gary Rigotti shared their appreciation on working with the City of Ashland. Staff clarified Recology would pay the franchise fee on gross receipts for all services rendered in Ashland. Michael Sangiacomo, President and CEO of Recology introduced himself and key staff members. He briefly explained the history of the company, the company profile, service locations, operations and various programs offered. The company's focus was on service, recycling, composting, energy, alternative fuels and community ASHLAND CITY COUNCIL MEETING October 6, 2009 Page 2 of 5 outreach. Mr. Sangiacomo provided statistical information in regards to the ownership of the company, employee salary and benefits and gave examples of potential changes to Ashland Sanitary. Steven DiFabion introduced himself as the Recology General Manager who would be relocating to Ashland soon to work in conjunction with Ashland Sanitary. Councilor Chapman/Silbiger m/s to approve transfer of stock from Ashland Sanitary Service, Inc. to Recology. DISCUSSION: City Attorney Richard Appicello explained the entity would remain the same and a new contract negotiated when the current one expires. City Administrator Martha Bennett clarified the audit noted in Ordinance 2582 was an audit of the franchise payment and had not occurred for several years but would be scheduled over the next year. Roll Call Vote: Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman, YES. Motion passed. 2. Will the Council direct staff to prepare an ordinance to clarify the Living Wage ordinance by defining "twelve month period" and by determining whether a retroactive penalty is automatic? Parks Director Don Robertson presented the staff report and requested that the statement "twelve month period" be amended to read "during a calendar year" to make it easier to track temporary or seasonal employees. He provided examples of how difficult it has been to manage and asked for clarification on whether the intention was to penalize back pay retroactively to the first hour of employment or the 1,041-hour. City Attorney Richard Appicello recommended adding language stating there was no penalty for making an offer of employment to someone after completing temporary service. Staff explained the current Living Wage was approximately $12.98 per hour and the Parks and Recreation Department scale for temporary and seasonal workers started at $9 per hour. Originally, Council specified a 12-month period instead of using a calendar year to ensure the fair and correct use of the Living Wage. Staff explained paying the back wage was a small percentage of the ending balance but given tight budgets, even small amounts would have an impact. The few times the Parks and Recreation Department had to reimburse back wage the amount was approximately $3,000. Council and staff discussed the impact of hiring temporary and seasonal employees initially at the Living Wage, changing the 12-month period, adding an exception to back pay for temporary employees and moving to a Living Wage after hour 1040. Councilor Jackson/Lemhouse m/s to approve clarification of "any twelve month period" to "a calendar year" and the seasonal nature of the jobs. DISCUSSION: Councilor Chapman thought the motion provided a loophole to hiring part time employees. Councilor Voisin felt seasonal and temporary workers should receive a living wage. Councilor Jackson wanted to know the implications to the contractors and sub-contractors where the living wage applied. Councilor Navickas agreed with Councilor Voisin, keeping the ordinance as written provided incentives for employees to stay on and the budgetary impacts were not significant. Councilor Silbiger supported the motion and thought the penalty check was a disincentive to hire the employee. Roll Call Vote: Councilor Lemhouse, Voisin, Jackson, Silbiger, Chapman and Navickas, YES. Motion passed. Councilor Voisin asked to add two agenda items to the meeting, one regarding the seating arrangement and the other writing a letter from the Council to the Forest Service regarding the Ashland Forest Resiliency (AFR). Councilor Jackson added a Band Committee report to the agenda as well. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Would the Council approve second reading of an ordinance to amend Ashland Municipal Code Chapter 2.41, "Voluntary Contribution and Spending Limits for Candidates for City Offices"? City Attorney Richard Appicello read the ordinance title aloud. City Recorder Barbara Christensen explained and clarified the formula options in the staff report. ASHLAND CITY COUNCIL MEETING October 6, 2009 Page 3 of 5 Councilor Silbiger/Chapman m/s to approve Ordinance #2994 with the following language: 2.41.050 (A) A candidate for public office may file a declaration of limitation on expenditures as described in section 2.41.060 with the recorder stating that the candidate, including the principal campaign committee of the candidate, will not make attributable expenditures in excess of.246 (24.6 cents) times the number of registered voters in the City on April 1 of each year. 2.41.050(D) The recorder shall adjust annually on April 1st of each year the expenditure limits imposed by this section to account for inflation, based on the Consumer Price Index - All Urban Consumer Portland Index (CPI- U) December to December. DISCUSSION: Councilor Silbiger explained staying with the original formula and adjusting the numberof voters the amount came to $3,500 or 24.6cents per registered voter that would adjust to future changes in registered voters. Councilor Voisin expressed concern on the impact Political Action Committee's (PACs) have on elections and how tactics used by a PAC could push candidates over the spending limit. Councilor Chapman did not want PACs driving elections in the City but thought a candidate could fight an attack from a PAC with $3,500. Councilor Jackson added there were no penalties attached to the ordinance due to state law. Councilor Lemhouse explained in a situation where a candidate was under attack from a PAC, they had the right to go over the spending limit to clear their name. He thought the proposed limit was fair. Councilor Navickas supported the motion noting there were other means for getting messages out. He agreed that PACs have a lot of influence in the elections and was not beneficial to the community as a whole. Roll Call Vote: Councilor Silbiger, Lemhouse, Chapman, Voisin, Navickas and Jackson, YES. Motion passed. 2. Should the Council approve second reading of an ordinance titled, "An Ordinance Amending the Uniform Administrative Appeals Process AMC Chapter 2.30 and AMC 1.04.010 Definitions,"? City Attorney Richard Appicello read the ordinance title aloud. Councilor Voisin/Silbiger m/s to approve Ordinance #2992. Roll Call Vote: Councilor Navickas, Silbiger, Jackson, Voisin, Lemhouse and Chapman, YES. Motion passed. 3. Should the Council approve second reading of an ordinance titled, "An Ordinance Relating to Exclusions from Park Property and Amending AMC 10.68.350? City Attorney Richard Appicello read the ordinance title aloud with changes to the language in Section 10.68.350(6) Exclusion to read as follows: "In addition to other remedies provided for violation of this Codes, or of any of the laws of the State of Oregon, any peace officer, or park official or city code compliance officer may exclude any person who violates any applicable provision of law in a city park from any or all city parks for a period of 30 days for any violation or for a period not to exceed 120 days for criminal offenses. If the person to be excluded from any park has been excluded from a city park on tow or more occasions within two years before the date of the present exclusion for criminal offenses, the exclusion shall be for a period not to exceed 180 days." Councilor Chapman/Voisin m/s to approve Ordinance #2993 with changes as stated by the City Attorney. Roll Call Vote: Councilor Voisin, Jackson, Silbiger, Chapman, Navickas and Lemhouse, YES. Motion passed. 4. Should the Council approve first reading of an ordinance titled, "An Ordinance Relating to Liquor License Review and Amending AMC Chapter 6.32"? City Attorney Richard Appicello read the ordinance title aloud and provided the staff report. Councilor Voisin/Lemhouse m/s to approve first reading and place on agenda for second reading of Ordinance. DISCUSSION: Staff clarified Section 16.32.050 City Council Delegation; City Recorder Duties that Council would be delegating the City Recorder to handle minor processes and would strike the second "...to the City Recorder," from the first sentence. Roll Call Vote: Councilor Jackson, Lemhouse, Chapman, Silbiger, Navickas and Voisin, YES. Motion passed. ASHLAND CITY COUNCIL MEETING October 6, 2009 Page 4 of 5 5. Should the Council approve first reading of an ordinance titled, "An Ordinance Relating to Chain Requirements for Commercial Vehicles"? City Attorney Richard Appicello read the ordinance title aloud. The ordinance would require commercial vehicles to carry chains whenever the Oregon Department of Transportation (ODOT) posts signs on the Interstate requiring vehicle traction tires or chains. This was a request from the Police Department after a commercial vehicle turned sideways on a city street and did not have chains. ODOT also sends out teletypes to commercial trucking companies and agencies notifying them when chains are required and where. The ordinance also includes Taxi Cabs. Council requested that the same chain requirements extend to school buses. Staff will follow up with the school district regarding chain standards for school buses. Councilor Jackson/Navickas m/s to approve first reading and place on agenda for second reading of Ordinance that includes school buses and corrects a typographical. Roll Call Vote: Councilor Navickas, Voisin, Silbiger, Chapman, Jackson and Lemhouse, YES. Motion passed. 6. Should the Council approve first reading of an ordinance titled, "An Ordinance Relating to Parking and Amending AMC 11.24.070"? City Attorney Richard Appicello read the ordinance title aloud. Council directed staff to delete the following language from Section 1 11.24.070 Moving Vehicle: "...except that the time period shall be terminated if such vehicle is moved to a block that does not have a specified time period for parking." Councilor Jackson/Chapman m/s to approve first reading and place on agenda for second reading of Ordinance with the amendment to strike phrase "except that the time period shall be terminated..." Roll Call Vote: Councilor Chapman, Silbiger, Navickas, Voisin, Lemhouse and Jackson, YES. Motion passed. 7. Should the Council approve first reading of an ordinance titled, "An Ordinance Amending Ashland Municipal Code Chapter 2.04.090, 2.04.100 and 2.04.110 Relating to Council Rules"? City Attorney Richard Appicello presented the staff report and noted the need to standardize the role of the Council Liaison. The direction he received from various Commissions was that the Council Liaison be a non- voting member and gave examples. Council directed staff to create language that had the Council Liaison as an ex officio non-voting member except for quasi-judicial matters before the Planning Commission. Mr. Appicello continued regarding term limits and suggested five 3-year terms except when the Council unanimously agrees not to apply the tern limit to an appointment. Council suggested three 3-year terms instead with the Mayor giving preference to a new qualified applicant if applicable. Councilor Silbiger/Chapman m/s to adjourn meeting. Roll Call Vote: Councilor Silbiger, Chapman and Jackson, Yes; Councilor Voisin, Navickas and Lemhouse, NO; Mayor Stromberg, NO. Motion failed 4-3. The ordinance discussion continued and Council discussed the removal ofa commissioner agreeing it should be transparent, with cause, and with a majority of the Council's vote. Giving the Mayor the ability to remove people he or she appoints was briefly addressed. Councilor Navickas/Chapman m/s to continue first reading of ordinances Part I and Part II to the November 4, 2009 Council meeting. Roll Call Vote: Councilor Lemhouse, Jackson, Navickas, Chapman and Voisin, YES; Councilor Silbiger, NO. Motion passed 5-1. 8. Should the Council approve first reading of an ordinance providing for uniform policies and operating procedures for advisory commissions, committees and boards? Delayed until the November 4, 2009 Council meeting. ASHLAND CITY COUNCIL MEET/NC October 6, 2009 Page 5 of 5 OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Report on League of Oregon Cities Conference Councilor Jackson shared highlights from the Conference and noted the only vote was to ratify the Board of Directors. Councilor Navickas added points regarding green infrastructure, certification, and other revenue sources for cities. Mayor Stromberg noted two measures on the State ballot for corporate taxes and taxing incomes over $350,000 that would generate over $700million out of the needed Million if they passed. The State Speaker of the House encouraged elected officials to go to their communities and actively support both measures. 2. Conservation Commission Councilor Jackson explained the Conservation Commission had taken on three Council Goals, the strategy for avoiding the tier two purchases, input to the water master plan and input to the code changes and incentives for increased energy standards. There was also a vacancy on the Commission. 3. Ashland Emergency Food Bank Councilor Jackson noted the Food Bank participated with Rotary First Harvest and planted an organic garden that has generated 3,100 pounds of fresh produce. The need for food has increased dramatically, currently the Food Bank is serving over a 1,000 people monthly. Bagley Orchards has arranged to deliver fruit. The Postal Carrier Food Drive was coming soon and is the main drive that generates cash donations. 4. Band Committee Councilor Jackson commented on the band member's tenure adding as the primary users of the band shell they were discussing painting improvements and a new sound system. The Lions Club sells ice cream to help raise money for the school band programs in both the middle and high schools. The Band maintains a large music collection at the schools and shares music and musical instruments with the school band programs. 5. Ashland Forest Resiliency (AFR) Councilor Voisin voiced concern and urged the Council to write a letter to the Forest Service demanding they take some form of action regarding the AFR. Councilor Voisin motion to write letter a letter to the Forest Service. Motion died due to meeting time limit. ADJOURNMENT Meeting was adjourned at 10:30 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor t PROCLAMATION a The United Nations was founded in 1945, and the anniversary of its founding is observed each year on October 24. One of the principal mandates of the United Nations - "To achieve international cooperation in solving problems of an economic, social, cultural, or humanitarian character: - remains as valid today as when those words were written in the /Charter more than a half century ago. In September of 2000, 189 countries, including the United States, agreed on the Millennium Development Goals. j The fourth of the Millennium Development Goals focuses on the reduction of child mortality, and seeks to reduce by two-thirds the mortality rate among children under five by 2015. The United States must continue to work with the United Nations and UN agencies a in order to provide a coordinated, multilateral effort in both assessing the current. problem of children's health and survival and determining the strategies and mechanisms best suited to reduce child mortality an improve children's health. NOW THEREFORE, the City Council and Mayor, on behalf of the citizens of Ashland, hereby proclaim October 24, 2009 UNITED NATIONS DAY and encourage the citizens of Ashland to participate in all activities related to United Nations Day. Dated this 20'h day of October, 2009 John Stromberg, Mayor ® f a Barbara Christensen, City Recorder C I T Y OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES SEPTEMBER 15,2009 CALL TO ORDER Chair Pam Marsh called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Larry Blake Bill Molnar, Community Development Director Michael Dawkins Derek Severson, Associate Planner Dave Dotterrer Richard Appicello, City Attorney Pam Marsh Adam Hanks, Project Manager Debbie Miller April Lucas, Administrative Assistant Melanie Mindlin Mike Moms John Rinaldi, Jr. Absent Members: Council Liaison: Tom Dimitre Eric Navickas ANNOUNCEMENTS Community Development Director Bill Molnar noted Jackson County has begun the process to update the Economic Element of their Comprehensive Plan. Additional information is available on their website at www.co.iackson.or.us. Mr. Molnar also announced the City Council will be reviewing two ordinances that deal with proposed changes to the Council Rules and adopting uniform policies and operating procedures for City commissions, committees, and boards. He stated the two ordinances were emailed to the commissioners earlier this week and the Council will hold first reading on October 6, 2009. Commissioner Marsh requested this topic be tentatively placed on an upcoming agenda and requested staff prepare a brief summary of the proposed changes. CONSENT AGENDA A. Approval of Minutes 1. July 28, 2009 Study Session Minutes 2. August 11, 2009 Planning Commission Minutes 3. August 25, 2009 Study Session Minutes Commissioner Blake requested the following correction be made to the July 28, 2009 Study Session minutes: On Page 1 under Announcements, it should read: "One neighborhood meeting has been scheduled for October and the Master Plan Update will likely return to the Planning Commission later this fall." Commissioners DotterrerlMorris m/s to approve the Consent Agenda with the noted correction. Voice Vote: All AYES. Motion passed 8.0. PUBLIC FORUM No one came forward to speak. Ashland Planning Commission September 15, 2009 Page 1 of 6 TYPE III PUBLIC HEARINGS A. PLANNING ACTION: #2009.00784 SUBJECT PROPERTY: 615 Washington Street APPLICANT: Ron Rezak DESCRIPTION: A request for Annexation and Zoning Map change from Jackson County zoning RR-5 (Rural Residential) to City of Ashland zoning E-1 (Employment) for an approximately 1.02-acre parcel located at 615 Washington Street. The application is for a warehouse facility to serve the adjacent Modern Fan business at 709 Washington Street. The application includes a request for the Site Review Approval for the 17,650 square foot warehouse building and associated parking areas and landscape installation. A Tree Removal Permit is requested to remove twelve trees greater than six inches diameter at breast height or greater. COMPREHENSIVE PLAN DESIGNATION: Employment; PROPOSED ZONING: E-1; ASSESSOR'S MAP 391E 14 AC; TAX LOT: 200. Commissioner Marsh read aloud the public hearing procedures for land use hearings. Declaration of Ex Parte Contact Commissioner Morris asked to be excused from the hearing. He stated he recently completed a project for the Applicant and also has ties with the business across the street. Morris left the meeting at 7:13 p.m. Commissioners Blake, Dawkins, Dotterrer, Marsh, Miller, Mindlin and Rinaldi all declared site visits; no ex parte contact was reported. Staff Report Associate Planner Derek Severson presented the staff report on the planning application. He explained this application is for an annexation and zone change which would bring the property into the City as E-1 employment zoning. The application also includes site review approval to construct a 17,650 sq. ft. warehouse building, and a tree removal permit to remove 10 of the site's 17 trees. Mr. Severson stated the property is located near the intersection of Washington St. and Jefferson Ave and noted the wetland area on the adjacent property to the north. Mr. Severson reviewed the site plan and explained the proposed structure would be built to the north of the existing Modem Fan building. He noted landscaping will be installed between the building and the street, parking will be located along the north property line, and there will be a pass-through between the two buildings. In terms of parking, staff has observed that the existing parking lot, which has 18 spaces, is typically empty and are proposing the light manufacturing parking requirement be applied instead of the warehouse packing demand. This would allow for a reduction in the parking requirement from 18 spaces to 6 or 8 spaces. Mr. Severson clarified the Applicant's proposal does not involve adding additional employees. Mr. Severson reviewed the Tree Removal and Protection Plan and commented on the wetland area to the north. He explained this wetland is fed by rainwater runoff from the drainage ditch adjacent to Washington Street. Staff has contacted the Department of State Lands regarding this and while they have indicated the piping of this drainage would not adversely affect the wetland, they want assurance that stormwater runoff flows are maintained in the ditch at the current levels in order to continue feeding the wetland. Mr. Severson noted staff has drafted a condition to address this. Mr. Severson commented on the proposed street improvements and explained annexation requirements call for a half-street improvement to be provided. He stated Washington Street is classified as a commercial collector and a minimum right-of-way of 63 ft. is necessary to accommodate the improvements. As such, staff is recommending the Applicant dedicate an additional 9 ft. of right-of-way in order to accommodate these improvements. Mr. Severson suggested the Commission consider amending Condition 5b to allow the Applicant to bond for the required improvements along their frontage. He stated rather than having the Applicant install the improvements at this time, this would allow the City to comprehensively plan the street improvements along that frontage and the bond would support their installation at a later date once the issues on the street have been dealt with. Mr. Severson noted questions were raised about possibly retaining the multi-trunked Elm tree that fronts Washington Street, and stated the Commission could consider modifying Condition 6a to require this tree be retained and incorporated into the final landscape/irrigation plan. He added if these condition modifications are made, Conditions 6b and 6d would also need to Ashland Planning Commission Septernbee 15, 2009 Page 2 of 6 be updated to keep the language consistent. Mr. Severson concluded his presentation and stated staff is recommending approval of the application with the conditions outlined. Questions of Staff In response to whether it is necessary to have a sidewalk on the side of the street nearest the drop-off, Mr. Severson clarified City standards call for this, but there may be a better way to address this in a comprehensive manner. Commissioner Dotterrer commented on Condition 4 and suggested staff provide a clear definition for "office space." He also commented on Condition 6a and questioned why a certified arborist is required to prepare the Tree Preservation and Protection Plan. Mr. Severson explained the Applicant did not submit a typical tree inventory that identified the types of trees on the site and their condition, which is what staff uses to evaluate whether the condition of the tree merits its removal or whether the species or condition of the tree is sufficient to accommodate the proposed development. Because of this, both staff and the Tree Commission are recommending verification from an arborist that the trees can accommodate the proposed development and no additional measures are necessary to ensure their survival. Dotterrer asked about obtaining the solar setback calculation in Condition 6i and received clarification that it would not be difficult for the Applicant to demonstrate compliance with Solar Setback B. Mr. Severson also clarified Condition 6j was included at the request of the Building Division to ensure that any excavation to construct the new building would not undermine the footings for Modem Fan 1. Commissioner Rinaldi suggested the arborist inspect the multi-trunk Elm tree at the front of the property and determine whether it is suitable for saving. He also suggested Condition 5b be clear that the entire parkrow needs to be irrigated, not just the trees. Commissioner Mindlin asked whether the multi-trunk Elm tree and cattails would be in the public right-of-way and requested they include a condition requiring this area to be maintained. Commissioner Blake asked about the Stormwater Drainage Plan listed in Condition 5a and asked how these are normally accomplished for commercial developments. Mr. Severson stated this is typically accomplished through engineering and noted the City's Engineering Division has asked for revised plans that will ensure post development peak flows do not exceed pre-development levels. Applicant's Presentation Bruce Abeloe/827 Alder Creek Drive, Medford/Applicant's Representative/Addressed the question about stormwater drainage and stated it is standard to meet pre-development flows with control structures. He stated the water will be stored in a pipe before it flows into the wetland and this enables them to have control over it. He acknowledged his submittal regarding this was preliminary and stated it will be taken care of when the engineering building plans for the project are finalized. Mr. Abejoe thanked staff for reducing the initial parking requirement, but stated he would like to hear from the City's Fire Marshall on whether this would affect fire truck access. He added given this change he would also like to move the trash area closer. Mr. Abeloe stated the Elm at the front of the property will need to be evaluated by an arborist and they will have the Oak tree in the back evaluated as well. He clarified the Landscape Plan will be modified to include the drainage swell and the Elm tree, and suggested some type of pathway be installed from the existing sidewalk to the front door and driveway. Mr. Abeloe concluded his presentation and voiced his support for staffs recommendations. Public Testimony None. Advice from Legal Counsel & Staff Mr. Severson noted he had spoken with Fire Marshall Margueritte Hickman about the fire truck access and she had indicated if the paved area is extended to the landscape bay, that would be sufficient for fire access as long as the landscaping did not impair a firefighters ability to get through that area on foot. Mr. Severson stated the Fire Marshall's other concern was ensuring access via an easement to the rear parking lot of Modem Fan 1. Applicant's Rebuttal Bruce AbeloeNoice his support for the conditions and modifications recommended by staff. Ashland Planning Commission Septernher 15, 2009 Page 3 of 6 Commissioner Marsh closed the record and the hearing at 7:52 p.m. Deliberations & Decision Commissioner Dotterrer commented on the parking requirement and stated he is not convinced this project requires any additional parking. He suggested the Commission consider removing the parking requirement and include a condition that preserves the area in case it is needed at a future time. Staff clarified this type of amendment would require a variance approval. Commissioner Marsh noted this application requires two motions: 1) approval of the site design proposal, and 2) a recommendation to the City Council on the annexation. Commissioner Dawkins/Blake m/s to approve the site design proposal for Planning Action #2009.00784 with the modifications discussed. DISCUSSION: Mr. Severson recited the modifications that would be included in this approval: 1) Condition 5b - Modify to require the Applicant to post a cash deposit or similar approved security instrument for the outlined half-street improvements; for installation of the street improvements to be deferred in order to comprehensively plan the street system; and for the Applicant to provided a right-of-way dedication for the full 63 ft. necessary to improve the street to City standards. 2) Condition 6a - Modify to require the Applicant to provide a Tree Preservation and Protection Plan for all existing trees; and for the multi-trunk Elm tree nearest the Washington St. right-or-way be retained and incorporated into the final landscape/irrigation plan (subject to the arborist's recommendation). 3) Condition 6b - Modify the number of trees approved for removal if the Elm tree can be retained. 4) Condition 6d - Remove the language "to Washington Street and for future improvements". This would still require the Applicant to agree to participate in any future LID for improvements to the Ashland Street intersection. 5) Condition 6e - Modify to require the Landscape/Irrigation Plan to address the landscaping for the frontage, ditch or swale, and walkway to the street. 6) Condition 6a - Modify to require the arborist report address the Siberian Elm along Washington St. 7) Condition 5b - Modify to read "irrigated parkrows" instead of "irrigated street trees." Mr. Severson clarified the fire access issues are addressed in Condition 6k, and he would add the relocation of the trash enclosure to the Landscape Plan on Condition 6a. Roll Call Vote: Commissioners Rinaldi, Blake, Dawkins, Marsh, Dotterrer, Miller and Mindlin, YES. Motion passed 7.0. Commissioners Dawkins/Dotterrer m/s to recommend annexation of this project to the City Council. Roll Call Vote: Commissioners Dotterrer, Mindlin, Dawkins, Blake, Miller, Rinaldi and Marsh, YES. Motion passed 7.0. NEW BUSINESS A. Tolling and Extension Ordinance Initiation Commissioner Rinaldi asked to be excused due to a financial interest in one of the projects that could be affected by these proposals. Commissioner Marsh clarified this item was referred to the Commission by the City Council and asked that they not discuss the ordinance language, but deal with this on a conceptual level. Mr. Molnar noted this issue went before the City Council in July and he provided a brief overview of the two proposals. He stated the questions before the Planning Commission are: 1) Should the Municipal Code include a provision that tolls or suspends approval timetables if a project is appealed to LUBA or Circuit Court, and 2) Due to the recent economic downtown, should the City enact legislation that extends the expiration date of land use applications that were approved between January 1, 2006 and July 1, 2009. In regards to the first item, Mr. Molnar stated the Municipal Code is silent on this subject and when these situations occur staff has encouraged applicants to apply for an extension to protect themselves. He clarified site review approvals for commercial buildings are good for 12 months, and applicants can receive one 18 month extension. Approvals will expire if project construction has not commenced within that 30 month timeframe. Mr. Molnar noted LUBA appeals can take several months or more and an applicant's approval could expire even if they prevail in court. Ashland Planning Commission Septerrrber 95, 2009 Page 4 of 6 Mr. Molnar explained the second item stems from comments made by applicants about their inability to obtain financing for approved projects due to the economic downtum. He stated a list of projects that are in jeopardy of losing their approval status was handed out at the beginning of the meeting and noted the City of Portland recently adopted a similar ordinance. Mr. Molnar stated Project Manager Adam Hanks and City Attorney Richard Appicello are here tonight and can provide further information on these two proposals. Mr. Hanks came forward and commented on the proposal to extend the approval period due to the recent economic downturn. He asked the Commission to discuss whether the changes in the economy and the commercial credit problems warrant a one- time, date specific extension, or whether applicants should have to resubmit their projects and go back through the approval process. City Attorney Richard Appicello stated the reason for development timetables is to not contract away the police power and stated timetables are necessary to ensure projects are built to the current laws. In regards to the proposal to extend timetables for projects that are appealed, he noted that he frequently gets calls about this and because our Municipal Code does not specifically speak to this, there is no such provision. He stated this is more of a policy question and stated if they agree with the tolling proposal, they may want to consider beefing up the timetable itself so it is more specific as to what is due when. Comment was made questioning what would happen if the conditions for approval change. Mr. Hanks stated this is up for discussion, but currently in order to qualify for the 18 month extension, conditions must be the same or the applicant has to show how they meet the new conditions. Comment was made that the extension for projects that are appealed to LUBA seems to be mixed in with the economic development timetable. Staff clarified this was not the intent and these are two separate proposals. Philip Lang/758 B Street/Questioned where the timetable extension proposal originated from and stated it has nothing to do with LUBA appeals or residential construction. He stated this is a very bad idea and should be dropped from consideration. Mr. Lang stated in a years time, major changes can happen to City standards and this proposal would allow developers to build to the lower and older standards. He stated if older plans are reviewed for compliance with new standards, where are the fees and staff to support such a review, and how does the public know this will be done. Mr. Lang stated this proposal constitutes an indirect giveaway to developers and it is bad public policy. Colin Swales/143 Eighth Street/Stated when the Commission approves a planning action they assume the building will be built and this is not always the case. He stated developers often try to maximize what they can place on their land and soon after Planning Commission approval is received you will see a "For Sale" sign on the property. Mr. Swales acknowledged the economic downtown, but stated developers do not want an extension so they can build the project, they want an extension so they can continue to market it. He recommended these projects come back through the approval process in order to ensure the proposal is in line with the current economic environment, which may mean downsizing if necessary. In regards to the tolling proposal, Mr. Swales questioned how many planning actions this has really affected and questioned the need for this provision. Commissioner Marsh requested the Commission separate their deliberations for the two proposals. Tolling Ordinance (LUBA/Circuit Court Appeals) The commissioners shared their opinions on the proposed tolling ordinance. Dawkins stated this proposal seems fair to him and it is common sense for those projects to receive an extension. Dotterrer was surprised that the City of Ashland did not already have a provision for this and stated he views this as a clean-up measure. Moms agreed that the City should adopt a provision. Blake stated this is a faimess issue and if it is out of the applicant's hands, there should be some adjustments to the timeframe. Miller stated it should be made clear to all parties what the situation is. Marsh agreed with the other comments that have been made and stated there is a faimess issue here and we should not punish the person who has been subject to the appeal. She stated there seems to be consensus from the Commission that the Council should proceed with this ordinance. Ashland Planning Commission September 15, 2009 Page 5 of 6 Extension due to Economic Downturn The commissioners shared their opinions on the proposed extension ordinance. Dawkins stated does not know why they are considering this and does not see a problem with current process. Miller stated applicants should have their ducks in a row before they get started and feels the current 30 month timeframe is adequate. Dotterrer disagreed and feels the Council should take this up. He stated this proposal identifies applications approved during a specific timeframe and does not agree with the argument that this is a subsidy. He stated applicants would still be subject to any changes in the code and voiced his support for the Council looking into this proposal. Moms stated he could go either way, but feels this proposal has some merit and should be looked at further. Blake stated there are compelling arguments on both sides and given the difficultly to obtain construction financing there may be cause for the City to provide some relief at this time. Mindlin stated she is on the fence. On one side she is sympathetic to applicants who are ready to build, but can't receive financing; but on the other side if an applicant has to go back through the City's approval process, the bulk of the work (and expense for preparing the documents) has already been completed and it is just a matter of checking the application for consistency with the current code requirements. Marsh stated she believes these are extraordinary times and feels the Council should look into some sort of additional extension process. She added a lot of details would need to be worked out, but feels this proposal is worth pursuing. Mr. Molnar stated he would report back to the City Council on these two proposals, provide the Commission's comments, and get direction. Marsh clarified the Commission's support for the tolling ordinance and stated while there is not overwhelming support to pursue the extension ordinance, the Commission would be willing to look at this further if directed to do so by the Council. ADJOURNMENT Meeting adjourned at 8:56 p.m. Respectfully submitted, April Lucas, Administrative Assistant Ashland Planning Commission Septernbei 15, 2009 Page 6 of 6 CITY OF ASHLAND ASHLAND PLANNING COMMISSION SPECIAL MEETING MINUTES SEPTEMBER 29, 2009 CALL TO ORDER Chair Pam Marsh called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Lary Blake Bill Molnar, Community Development Director Michael Dawkins Brandon Goldman, Senior Planner Tom Dimitre April Lucas, Administrative Assistant Dave Dotterrer Pam Marsh Melanie Mindlin , Mike Morris John Rinaldi, Jr. Absent Members: Council Liaison: Debbie Miller Eric Navickas ANNOUNCEMENTS Community Development Director Bill Molnar announced Southern Oregon University will be holding a meeting on the Campus Master Plan Update on Monday, October 5'^. He stated if the commissioners want to attend, they are free to do so but will have to declare it as ex parte contact. He added commissioners can go and observe, but they should not participate in the actual discussions. Commissioner Marsh noted the Commission's annual retreat is scheduled for Saturday, October 31. It was noted that Commissioner Dotterrer will not be able to attend. Marsh stated they are still developing the agenda and encouraged the commissioners to submit their ideas to staff. PUBLIC FORUM No one came forward to speak. UNFINISHED BUSINESS A. Approval of Findings for PA #2009.00784, 615 Washington Street. Commissioners Morris and Dimitre stated they would abstain from voting since they did not participate in the hearing. No ex parte contact was declared by any of the commissioners. Commissioners Dotterrer/Blake m/s to approve the Findings for PA #2009.00784. Roll Call Vote: Commissioners Blake, Dawkins, Dotterrer, Marsh, Mindlin and Rinaldi, YES. Motion passed 6.0. DISCUSSION ITEMS A. Croman Mill District Plan. Commissioner Marsh provided a brief summary of Croman process thus far. She stated two years ago the City was awarded a state grant for the Croman Mill site and engaged with consultants Crandall & Arambula to develop the draft plan. The scope of work for the project included several goals, including: 1) to involve owners, residents, government, and others interested in the area in the process of developing a master plan, 2) to develop an identity and vision for the area, and 3) to maximize opportunities for business development and employment consistent with the Economic Opportunities Analysis (EOA). Marsh noted the public meetings that occurred during the plan development process and stated in February, 2008 the final draft was Ashland Planning Commission September 29. 2009 Page 1 of 5 submitted to the City. She noted the final draft included goals that were based on input that had been gathered throughout the process and included: 1) to provide for a large number of family wage jobs, 2) to allow for light industrial and manufacturing uses, 3) to create parcels with a flexibility to support local new businesses, business expansions, and large employers, and 4) to consider a range of housing options. Marsh stated this package went before the Council in February, 2009 and at that point Council directed staff to begin the process of adopting the Croman Mill Redevelopment Plan. Commissioner Marsh stated tonight's meeting has been reserved for the Commission to put forward issues they feel warrant more discussion and her hope is for the Commission to get a clear sense of direction on the master plan elements. She stated as they work through the discussion outline they need to determine whether the Commission as a whole is supportive, whether they wish to make minor modifications, or whether they will recommend major changes that require City Council approval. Mr. Molnar clarified at the end of this meeting, staff will distribute the draft AMC language and draft Site Design & Use Standards. He noted these two documents touch on some of the items to be discussed tonight and if necessary can be adjusted based on the outcome of tonight's discussion. Commissioner Marsh clarified what tonight's deliberations will include and how they will proceed. Commissioner Dawkins expressed his frustrations and questioned the ramifications of moving forward with the Croman Plan. He submitted an outline of his questions and concerns to the Commission and stated economic development should occur within the downtown area. Comment was made that if Dawkins wants to propose major changes to the plan he should make a motion and let the group vote on it. Mr. Molnar clarified if their interest is to ensure a certain amount of land will develop as manufacturing, a master plan is the only tool to ensure that occurs. He added right now there is no guarantee on what will occur on that land and two of the last three developments in that M-1 zone have been for professional offices. Commissioner Marsh referred to the Discussion Outline that was included in the packet and suggested they begin with the Land Use issues. Question: Are the CMD land use designations of "Office Employment" and "Compatible Industrial" appropriately located? Commissioners Dotterrer and Rinaldi voiced their support for the proposed layout of uses. Blake quoted sections from the EOA and noted it says that the Croman site should be retained in an industrial designation. Mr. Molnar clarified the purpose of the EOA was to create a standardization for communities to look at their long term employment needs and ensure they have a 20-year supply of land within their UGB to accommodate this. He added this document talks about trends and where the community might have competitive advantages in certain industries, however it is up to the community to decide which direction they want to go. Mr. Molnar added the EOA and State Goal 9 are not suppose to be prescriptive to the community, but rather the EOA provides information and allows communities to make their own decision. Council Liaison Navickas noted that the City Council unanimously approved the draft plan and suggested the Commission discuss the specifics within the plan and not these big picture items. Marsh agreed, but stated in order for the group to move forward they need to tackle this question and come to an agreement. Commissioner Mindlin stated she has a lot of questions about whether this plan meets the goals of the EOA and presented a summary of her issues. She voiced her disagreement with the assumptions that rezoning from industrial to employment will create more jobs, that office jobs will be higher paying than industrial jobs, and that the new jobs would be held by Ashland residents. Mindlin also commented on the job sectors identified in the EOA for potential growth and recommended the City complete an economic development plan to guide this master plan. Comment was made that most of the uses Mindlin is recommending are currently located in E-1 zones, and disagreeing that the Croman site needs to be an industrial zone for these uses to occur. Commissioner Morris shared his concerns with not having enough employment options available and stated when Ashland kids leave here and go to college, there is no place for them to work when they return. He stated Ashland needs this sector of employment and manufacturing jobs will not fill this void. Marsh agreed and voiced her support for office employment. She Ashland Planning Commission September 29. 2009 Page 2 of 5 stated the EOA was predicated on existing uses and it did not set out a vision for what kind of community we want and what we want to build. She voiced her support for providing family wage jobs that will allow more families to live in Ashland and stated she is comfortable with the layout of uses. Dotterrer agreed with Marsh and commented on keeping the plan flexible. He added there are a lot of industrial opportunities that would be allowed on the Croman site. Dimitre stated he agrees with the issues mentioned by Mindlin and stated he is concerned with the arrangement of uses and Plexis picking the site they want. Mindlin restated her position that this plan ignores the EOA and what it says are going to be Ashland's growth sectors. Moms disagreed and stated this plan would not preclude those activities from happening. Dawkins commented that the strict design standards would likely discourage these types of uses. Mr. Molnar noted that they will be discussing the design standards at an upcoming meeting and the Commission can determine how flexible they want them to be. Commissioner Marsh asked if there are members who are unable to move forward with the layout of uses plan as presented. She stated if they want to change the land use designation to all industrial this is a major shift and will need to be taken back to the City Council for approval. Councilor Navickas expressed his disappointment that there are commissioners who seem unwilling to compromise and stated there are still a lot of opportunities for adjustments. Comment was made that this land could be purchased today and almost anything could be built there, and then the City would have no choice but to build around what's there. Suggestion was made for someone to make a motion so they can move forward. Commissioners Mindlin/Dawkins m/s to eliminate the employment zone and revert the entire plan to a modified M•1 zone that is meant to have flexibility, include employment uses, and exclude the heavier/dirtier manufacturing uses to be yet determined. DISCUSSION: Marsh clarified if this motion passes the plan will need to go back to the City Council because this is in direct conflict with what they were instructed to do. Roll Call Vote: Commissioners Dawkins, Dimitre, and Mindlin, YES. Commissioners Blake, Dotterrer, Marsh, Morris and Rinaldi, NO. Motion failed 53. Commissioner Blake noted a suggestion made by the Croman Advisory Committee to possibly rezone the two blocks southwest of the park to industrial land and make the two blocks closest to the residential area office employment land. He stated this would create the potential for a larger industrial lot and might be a good compromise. Hearing no real support for this suggestion, Marsh stated the Commission will move forward with the current layout while keeping in mind that they will stay flexible and adjustments may be made as they move forward with the public hearing process. Questions: Is the addition of "Mixed" land use designation that requires ground floor employment use while permitting some upper floor residential appropriately located? Should any limitations for upper story uses be considered? Is too much or too little area allocated to the "Mixed Use" designation? Staff briefly reviewed the areas on the Croman site that have been allocated for mixed use. It was clarified the ground floor would be for an employment use, and the upper floors could be either residential or employment use. Mindlin stated she is hesitant about designating the area outside the city limits at the south end of the property for mixed use. Marsh stated they have yet to decide whether this area will be included in the master plan, and asked that Mindlin set aside this concern until they reach that point in the discussion. Dotterrer voiced his support for the mixed use area along the creek and stated it makes a lot of sense to allow for this flexibility. Question: Should the most southerly portion of the CMD Plan area be annexed as part of the CMD Plan adoption process? Mr. Molar clarified including this area in the Croman master plan may facilitate changes in this area quicker than they might like. Mindlin stated this area was not on the table for discussion during the plan development process with Crandall & Arambula. She recommended this area remain as is and not be included in the master plan. Several commissioners expressed agreement with Mindlin. Moms stated he supports including the portion that has the central boulevard passing through it. Marsh questioned the implications of having a city street pass through county land. Mr. Molnar clarified the street could still be constructed to City standards. He added the applicants are currently looking at grant opportunities to build this central boulevard and if they receive a grant, the road would likely be built all at once. Several comments were made about the farm currently located on that piece of property and expressing desire for it to remain. Marsh stated there does not seem to be support from the Commission to pursue annexation of this area as part of the master plan. Ashland Planning Commission September 29. 2009 Page 3 of 5 Questions: What type, if any, night-time or evening uses should be allowed? Should land uses that are typically land are intensive and accommodate a relatively low number of employees per acre, such as lumber yards, sorting yards and recycling centers, be permitted within the CMD? Commissioner Marsh stated these issues would be pushed to their next meeting when they will be talking about kinds of uses and refinements. Question: How does the CMD Plan protect opportunities for utilizing future rail freight? Mr. Molnar noted the design standards, which will be addressed at their next meeting, includes a map and language that speaks to this issue and ensures land is reserved and this option remains viable. Question: Are the CMD's Plan assumptions related to "parking" appropriate? Mr. Molnar clarified the plan includes the City's standard parking requirements but also includes the ability for shared and mixed parking. He stated certain areas like the neighborhood commercial might have reductions in parking beyond the current parking standards and there is also a placeholder for a parking structure. Marsh asked for the Commission's general direction on the parking issue. Blake noted the LEED neighborhood program and commented on providing less than ample parking in hopes of encouraging people to use public and alternative transportation. Mindlin agreed with this and voiced support for looking at some of the suggestions in the LEED standards. Marsh agreed with the comments made and stated they should do everything they can to move in this direction. Questions: How will solar access be provided in the CMD Plan? What types of green building or sustainable development standards should be incorporated within the adopted plan implementation package? Mr. Molnar stated staff has been working under the assumption that this project will be subject to the City's solar setback standards and have also conducted research and held discussions with architects out of Portland that have a lot of experience in solar orientation. He explained what they have found is in terms of street orientation, there is a big distinction between residential and commercial/industrial developments. Mr. Molnar stated for industrial and employment buildings, street orientation is not so much of a consideration for passive heat gain, but is a major consideration for rooftop solar photovoltaic systems. He stated architects are often recommending industrial and employment buildings be elongated along an east-west access in order to limit the length of the west facing facade. He added the primary issue for these buildings is the energy costs to keep them cool, and the second major energy cost is lighting. Mr. Molnar explained staff is not looking at relocating the proposed streets, but rather are looking to protect access to rooftop solar collection systems and enacting standards that minimize west facing building facades. Mr. Molnar commented on sustainable standards and listed possible methods that could be used to encourage green building. He commented on providing incentives for buildings built to LEED standards, or they could consider a "menu" of options and require developments to perform a certain number that would increase the efficiency of the building. Mr. Molnar added some communities are exploring fee reductions or an expedited permitting process for projects that meet a green standard. Mr. Goldman noted the draft plan also outlines several options for incorporating sustainability. Rinaldi suggested certain green attributes (such as rainwater catchment and solar orientation) be required, and then have a menu of options for applicants to choose from in order to qualify for incentives. Commissioner Marsh questioned how green streets fit into this. Mr. Molnar explained the plan will show which streets are going to be designed as green streets, and clarified they are working with the Public Works Director to develop a green streets standard. Dawkins expressed concern with taking the cement on the site and grinding it up for road base, and stated he does not believe this meets the definition of sustainable. Mindlin commented that she is tom between requiring high standards and offering incentives. She explained she also feels they are doing a disservice with the proposed street orientation and feels they are making a major mistake by not pursuing an east-west layout. Dotterrer questioned if it is possible in the Site Design & Use Standards to give applicants more flexibility in terns of setbacks to allow them to orient their building differently. Rinaldi voiced his support for this suggestion. Mr. Molnar stated if there is consensus from the Commission, staff can look into these issues further and bring back possible adjustments. B. Comments on Proposed Council Rules Ordinance and Uniform Policies and Operating Procedures Ordinance. Postponed to next meeting due to time constraints. Ashland Planning Commission September 29, 2009 Page 4 of 5 ADJOURNMENT Meeting adjourned at 9:35 p.m. Respectfully submitted, April Lucas, Administrative Assistant Ashland Planning Commission September 29, 2009 Page 5 of 5 CITY OF ASHLAND Council Communication 13`h Annual Report on Implementation of the Valdez Principles Meeting Date: October 20, 2009 Primary Staff Contact: Dick Wanderscheid Department: Electric E-Mail: wandersd@ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Martha Bennet I~ Estimated Time: Consent Question: None. This is for informational purposes only. Staff Recommendation: None. Background: The Ashland City Council adopted the ten Valdez Principles in May, 1990. The 10`h principal requires an annual report on the progress of implementation. The report consists of listing programs, initiatives and City activities that support each of the principles. It is an ongoing growing list with new items and descriptions added in Italics. Inactive or completed items are put in parentheses to show their inactive status. Related City Policies: Not applicable. Council Options: No action required. Potential Motions: Not applicable. Attachments: Valdez Principles 13`h Annual Report Page I of 1 City Activities and Initiatives that Support the Valdez Principles September, 2009 Items in Italics are new to the list this year (Items in parenthesis are completed or no longer active) 1. PROTECTION OF THE BIOSPHERE a) Environmental and Physical Constraints Ordinance Section 18.62 of the Ashland Municipal Code's (AMC) purpose "is to provide for safe orderly and beneficial development of districts characterized by diversity of physiographic condition and significant features." Features that can be considered include but are not limited to: slope, natural drainage ways, wetlands, soil characteristics, potential land slide areas, natural and wildlife habitat, forested areas, significant trees and significant natural vegetation. b) Flood Plain Ordinance Section 18.62.070 of the Ashland Municipal Code (AMC) regulates all development in the flood plain corridor. It regulates fill, material placement and amounts, culverting and bridging, structures, storage of hazardous materials, and transportation facilities. C) Herbicide Policy Section 9.28.020 of the AMC outlines the City's policy for the use of pesticides by City Departments. It is designed to "reduce the risk of illness or injury resulting from city employees and citizen's exposure to pesticides used on the course of performing city operations." The policy requires city workplace practices designed to reduce or eliminate the use of, and exposure to, pesticides. d) (Ashland Watershed Partnership Participation and Policy) Following the flood in 1997, a local group of citizens formed a group named the Ashland Watershed Partnership (AWP) to work with the City on flood related and environmental issues. The City staff and AWP held a number of meetings and devised changes in City policies and operation. AWP also helped with flood restoration by providing input on City plans and activities related to flood cleanup, restoration and remediation. e) (Roca Creek Project) The city funded a study in 1996 which resulted in City funding and implementing a project that day lighted ROCA Creek, diverted some water to Paradise Creek and improved the riparian habitat for both creeks. f) (Ashland WTP Wetlands Demonstration Project) Prior to rebuilding the City's Waste Water Treatment Plant in 2002, the City developed a demonstration wetland to try and determine if Wetland treatment could be utilized to meet the new more stringent state standards regulating the quality of the water that was produced by the City Waste Water Plant. The Plant reconstruction ultimately did not utilize this type of technology. g) Hillside Development Ordinance Section: 18.62.080. regulates development on hillsides to "ensure that development occurs in such a manner as to protect the natural and topographic character and identity of these areas, environmental resources, and aesthetic qualities and restorative value of lands and the public health, safety and general welfare by insuring that development does not create soil erosion, sedimentation of lower slopes, slide damage, flooding problems and sever cutting or scarring. h) (Ashland Creek Restoration Project) Following the flood in 1997, the City undertook replacing the Winburn Way Culvert and the Water Street Bridge with new facilities that offer protection for the current 100 year flood designation. Page 1 of 17 i) Air Quality Programs Section 9.24 of the AMC regulates Solid Fuel heating device installation, creates a Solid Fuel Burning Devise Emission standard, restricts wood burning emissions on high pollution days, and prohibits the burning of anything but firewood in solid fuel heating devices. Also in 1990, the City implemented the SOLVE program (Save our Livability, View & Environment Program). This program created a wood stove rebate removal and loan programs to help with the removal of old non certified woodstoves. A total of 222 stoves have been removed under this program as of September, 2009. D Storm Water Master Plan The City developed a storm water master plan in 1999 and it was updated in June 2002. This plan identifies specific storm water projects and their costs. It also defines water quality corridor areas and will be updated with the new non-point discharge elimination system permits for storm water discharge (NPDES Plan B). k) Fire Department Vehicle Washing Policy The Fire Department washes their vehicles either at the City yards or inside the Fire station where runoff is processed through a grease separator and then enters the waste water system instead of the storm water system. This ensures no detergent or harmful oils or fluids enter the City's storm water system. 1) Riparian Ordinance Revisions-Water Resources Ordinance Section 18.62.075 of the AMC regulates developments in areas indicated for Riparian Preservation. The Planning staff and Commission have been working on updating this ordinance and hopes to complete this work by council adoption in 2009. m) (Ashland WWTP Upgrade) The City completely rebuilt the City's Wastewater Treatment plant in 2002. This upgrade cost about $31,000,000 and resulted in the City meeting exceedingly stringent State and Federal standards for chlorine and phosphorous reductions to discharge to Bear Creek. n) Street Standard Revisions Section 18.88.050 sets standards for newly constructed roads in developments in Ashland. The Ashland Planning staff and Planning Commission worked with Public Safety staff to develop standards that minimize pavement and promote alternative transportation while still ensuring access for Public Safety vehicles and personnel. o) Storm Drainage Cleaning and Maintenance The City has a regularly scheduled storm drain maintenance and cleaning programs which are designed to keep our storm drainage system operable during time of high water flows. P) Erosion control planning and bank stabilization measures in Public Works projects Public Works plans in advance all projects where bank stabilization is necessary to ensure that these measures are implemented during construction of these projects. Planning regulations also have extensive requirements for developers located in section 18.62. of the AMC. q) (Installation of storm ceptor in new Winburn Way Bridge) During reconstruction of the Winburn Way Bridge after the 1997 flood, a storm captor was installed. This device filters storm water runoff and removes contaminates before the water enters Ashland creek. r) Construction Training for creek protection by Public Works The PW Department provides periodic training for their crews about the importance of creek protection whenever their projects involve working in Riparian areas. S) (Granite Street Quarry Restoration Project) The old quarry has been restored and converted for use for residential development. t) (Pistol range restoration project) Page 2 of 17 The City did extensive work to restore the old pistol range located above the City. The land has been restored to pre range conditions. U) Tree Preservation Ordinance Section 18.61 of the AMC regulates the preservation and removal of trees in the City. It defines heritage trees, created a tree removal permit process, and created tree protection standards and establishes penalties for violations. V) (Installation of storm ceptor in Gresham Street as part of the Library Project) During work performed on Gresham Street in conjunction with the Library addition, a storm ceptor was installed. This device filters storm water runoff and removes contaminates before the water enters the storm drainage system. W) (Bioswale on the Elk's parking lot) During reconstruction of the Parking Lot located north of the Elks building, a bio swale was installed. The purpose of this facility to slow down, filter, and clean storm water run off from the parking lot. X) (Oil and grease separator at the new Fire Station) This separator ensures that any runoff of oil or grease at the station is contained and prevented from entering the storm water system. Y) (Riparian & Wetland Area Inventory) The City commissioned a study to identify these areas of the City. The report was completed by Fishman Associates in June, 2005. Z) Tree Replacement Rebate Program The City's electric utility has a rebate program which pays cash rebates to citizens who replace trees which have grown or will grow and interfere with power lines, with power line friendly trees which will not be tall enough to cause power line problems even at full growth. aa) (Riverwalk Ponds) As a part of the subdivision developed on Mountain Ave. south of Bear Creek, ponds were constructed to help control and clean storm water runoff. bb) (Siskiyou Blvd Reconstruction) The reconstruction of Siskiyou Blvd has improved its appearance, provided bike lanes, installed new landscaping and irrigation systems, and greatly improved pedestrian crossings, especially in the SOU area which has a considerable amount of crossing traffic during SOU operating hours. cc) Dewatering Centrafuge at WWTP This machine was installed to remove the water from waste water sludge to reduce its volume and weight and hence reduces the costs incurred for disposal. dd) (Purchase of New Bio-fuel Tank) When the City began experimenting with Bio Diesel in some selected vehicles in 2003, we purchase a 500 gallon tank to store this fuel. ee) (Bear Creek Drainage Enhancement Project) This project included the restoration of a filled-in remnant channel, armoring and reconstruction of approximately 500-feet of degraded stream channel and the construction of a series of ponds with wetlands to control storm run-off and improve water quality. The project is situated on approximately 6-acres within the Bear Creek Floodplain Corridor that was dedicated as public parkland through the River Walk residential development. Page 3 of 17 ff) North Mountain Neighborhood-Park Land Dedication and Storm Water Treatment Project As part of the Meadowbrook residential development, approximately 3-acres within the Bear Creek flood plain was dedicated a City park land. A small portion of the land was set aside for the construction of a wetland water quality feature, intended to treat and reduce the velocity of storm water prior to being deposited into Bear Creek. gg) Lithia Park Duck Pond Restoration The Park's Department has cleaned up both duck ponds and have installed a filtering system on the lower pond to enable recycling of the water. They have also installed a new pipe to enable TID water to be used in the upper pond instead of treated city water. TID water is now used in the upper pond. hh) The Ashland Parks Department will be replacing the practice of painting the ice at the City's Ice Rink with reusable film. 2. SUSTAINABLE USE OF NATURAL RESOURCES a) Renewable Resource Generation Policy (net metering) The City passed one of the first net metering policies in the US, back in 1996. This policy encourages the installation of net metered solar electric systems by creating easy and straight forward connection requirements and also pays full retail prices for excess generation of up to 1,000 kWh's per month. b) City's Solar Water Heating Program The City has provided rebates and loans for solar water heaters installed under the City's Bright Way to Heat Water program since 1998. C) Performance Standards Development Ordinance The City has used performance standards to guide residential development since the early 1980's. It includes increased density for desirable development characteristics. d) Transportation System Plan (TSP) The city's transportation plans lays out various strategies to improve transportation choices and attempts to promote multi-model ways to move people and goods within the City. This plan is scheduled to be updated in 2010-2011. e) Bicycle Commission, Transportation Commission activities This City Commission has worked on a number of efforts to promote, pedestrian and bicycle use in Ashland. Bicycle and pedestrian movement will also be updated as a part of the TSP. f) City Open Space Acquisition Plan The City has an adopted open space plan and utilizes I% of the Food and Beverage Tax to acquire property identified in that plan. g) (Comprehensive Water Supply Study) Carollo Engineers worked with the City to develop a 2050 Water Supply Study in 1998. This plan has aggressive Water Use Efficiency Target that project that water demand in 2050 will be 20% lower because of the City's Water Use Efficiency initiatives and programs. h) (Ashland Solar Pioneer Program) This was a program where 30 kW of solar electric generation was developed at Southern Oregon University, The Oregon Shakespeare Festival and the Ashland Civic Center & Police Station. Outside funding from the Bonneville Environmental Foundation, the Bonneville Power Page 4 of 17 Administration, AVISTA, SOU, OSF, the City's Electric Utility and nearly 260 Ashland Citizens and businesses provide funding to help install these systems. i) (New bike path along Railroad ROW) In 1998, the City completed the Bike Path located along the railroad tracks that runs from 41h Street to Tolman Creek Road. j) (Certified Wood Program) The Ashland City Council approved Resolution 99-22 in 1999. This resolution required using certified wood on City projects that exceeded $15,000 if the incremental costs of the work didn't exceed standard wood costs by 10%. This resolution sunseted on July 3, 2001, 18'h months after adoption. k) 20% Water Conservation Goal of Comprehensive Study The Carollo report that projected water supply needs, assumed that demand will be reduced by 20% because of city water use efficiency programs and initiatives. 1) (Chamber of Commerce Wise Resource Usage Booklet provided to every household in Ashland was distributed in the spring of 2005) The City help fund this booklet which was marked to all Ashland addresses in 2005. It has information to help Ashland citizens and business reduce their use of resources. m) (Water efficient landscaping tour) n) (Green Power purchase by the City) From 2001 to 2005, the City purchased 1aMW of Environmentally Preferred Power from BPA. 1aMW represents 5% of the 20aMW total electric load and annually cost the city about $91,000 in additional wholesale power costs. o) (City Natural gas vehicle) The City's Building Department used a natural gas powered vehicle for building inspectors for 8 years to complete building inspections. P) (Transportation, Transit and Parking Initiative) In the spring of 2000, an ad hoc committee was formed to tackle transportation related problems in the downtown, Ashland Community Hospital, Southern Oregon University and their surrounding residential areas. Topics included parking traffic congestion, opportunities for increased use of alternate transportation, walk ability and traffic safety. This plan was never fully implemented q) "B" Street subsurface drip irrigation system and signage The landscaped park rows around the City's Yard at the corner of 'B' street and Mountain Avenue was landscaped with Water Wise Vegetation and a subsurface drip irrigation system and also signage was installed to inform pedestrians about the Water Conserving techniques used there. r) Irrigation signage at Copeland lot and Wilderness Charter School This parking lot and high school facility had signage installed to educate the public about water wise landscaping and irrigation techniques. S) Solar Electric Rebate Program The City pays rebates to Ashland citizens and businesses who install net metered solar electric systems. t) (Rate Mitigation Agreement with BPA) During the energy crises of 2001, the City worked with BPA to voluntarily curtail energy usage by shutting off a number of street lights and curtailing other discretionary energy usage. U) (Use of certified wood in Hillah Temple Project) Page 5 of 17 The City used certified wood as a part of the remodel of the Hillah Temple into the Community Development/Engineering Building. V) (Solar electric system installation at Ashland Middle School) In 2001, The City and BPA jointly funded a 560 watt solar electric system at the Ashland Middle School. w) Affiliated Marketing agreement with the Bonneville Environmental Foundation (BEF) for the sale of Green Tags The City entered an agreement with BEF to jointly market BEF Green Tags to Ashland Citizens and Businesses who desire to green up electric supply. This agreement was signed in 2003 and the City receives a $1.00/tag rebate for each tag sold. As of July 2009, a total of 9,154 tags has been sold under this program. This program was renewed in June, 2007. X) (New Solar Electric System at Wilderness Charter School) BEF provided an upfront payment of $2,500 from the sale of green tags and the City's electric utility provided $990 in solar rebate funds to help fund this 660KW system which was installed in 2003. Y) Efficient Refrigerator Incentive The City pays rebates for the purchase of energy efficient refrigerators. Z) Earth Advantage, Energy Star Program The city purchases the license to use the Earth Advantage Program to certify sustainable new homes. As of September 2009, 47 homes have been certified as Earth Advantage Homes aa) (Siskiyou Blvd Reconstruction) The reconstruction of Siskiyou Blvd has improved its appearance, provided bike lanes, installed new landscaping and irrigation system and greatly improved pedestrian crossings, especially in the SOU are which has a considerable ampunt of crossing traffic during SOU operating hours. bb) Renewed 3-year purchase of Environmentally Preferred Power(EPP) The City Council renewed our purchase of 1 aMW of EPP for 3 years in 2006. The EPP purchase represents 5% of our total wholesale power supply and made up of 100% NW Wind resources and runs until 2009. This purchase was extended by the City Council until 2011 in 2009. cc) LEED Fire Station Commitment The Ashland City Council committed to build and certify the proposed new Fire Station No 2 to LEED Silver Standards. dd) (Bonneville Environmental Foundation (BEF) Direct Mail Campaign) BEF and the city conducted the first in a series of direct mailing promoting the sale of BEF Green Tags in late 2006 & 2007. ee) (New Solar Electric System at North Mountain Park) The Parks Department installed a new solar PV system and educational kioski at North Mountain Park. The City's Electric Utility helped to fund this through the City's PV rebate program ff) (Clean Renewable Energy Bond (CREB) Application) The City submitted a Bond application to the IRS for $500,000 to construct a new solar Electric Generation System on City owned facilities located at 90 N. Mountain Ave. The City was granted approval of the application in December 2006, and the system was completed in June 2008. gg) (Public Bike Path Construction) In accordance with the guiding policies set forth in the Transportation Element of the comprehensive Plan with implementation through the Land Use Ordinance and the City's Transportation Plan, the Billings Ranch Subdivision designed and installed approximately 1700 lineal feet of multi-use pathway adjacent to the railroad tracks. This section will ultimately provide a northerly link to the Bear Creek Greenway via Jackson Road. Page 6 of 17 hh) (Installation of Variable Frequency Drives at the WWTP) The City has installed four variable frequency drives on the pumps at the City's Waste Water Treatment Plant. These drives will reduce electric energy consumption and demand costs for the plant and also increase the lifetime of the pumps. ii) Use of Recycled Water for Sewage Lane Maintenance The City's Waste Water Department now uses treated waste water from the Plant for maintenance and cleaning of sewer lines through out the City. This reduces potable water use and costs. jj) (Purchase of Ford Hybrid Escapes) The City added 3 new Ford Hybrid Escapes to the City Fleet. 2 went to the police Department and 1 to the Computer Service Staff in 2007. They were added to the 3 existing hybrids used by Water, Electric and Purchasing Departments. kk) Energy Smart Water Program The City's Conservation Division is operating a new program in conjunction with the Bonneville Power Administration to provide Energy Auditing services to Ashland's Large Grocery Store and Small Convenience Stores with significant refrigeration loads. The program also provides financial incentive to install identified conservation measures. II) Solar Pioneer II The City installed a 63.5 kW solar electric system at 90 N. Mountain Ave. The system was funded by low interest Clean Renewable Energy Bonds and a Business Energy Tax Credit Pass thru purchased by Bank of the Cascades. Citizens and businesses can purchase a portion of the virtual output of the system for 19 years. mm) Lithia Park Ice Skating Rink Retrofit The Ashland Park's Department is retrofitting the ice making coils in the skating park. The new coils will save a considerable amount of electricity in making and maintaining the ice and will also reduce the amount of labor needed to setup and take down the rink each season. 3. REDUCTION AND DISPOSAL OF WASTE a) City's recycling programs The City's Solid Waste Franchise, Ashland Sanitary and Recycling offer a vast array of curbside and depot recycling programs. b) Styrofoam Ban Section 9.20.030 of AMC banned the use of Styrofoam in Ashland beginning in 1990. This ordinance was amended in 1998 to allow the use of Styrofoam for meat, poultry, and seafood because it arrived packaged in Styrofoam at the various markets in town. C) Composting Programs The City's recycling task force started the City's backyard composting program back in 1990. The task force later became the City's Conservation Commission and they have continued to provide free classes and free compost bins for over 19 years. d) Conservation Commission activities 1) (Tree free paper utility bill insert) The Commission funded an insert in the City's utility bill that was printed on Tree Free Paper. The intent of the insert was to educate citizens about the availability of paper that was made from non tree material. Page 7 of 17 2) (Green Schools Program) The commission worked with various Ashland Schools on waste redirection, recycling and composting to help green up their operations. 3) (Conservation Commission video productions) The commission funded, scripted and worked with RVTV to produce Water Conservation, Energy Conservation and source reduction and recycling video to help educate Ashland citizens and businesses on these subjects. 4) (Jefferson Monthly articles) The Commission wrote a series of articles entitled "Living Lightly" in the Jefferson Monthly Magazine of JPR to educate readers on various sustainability issues. 5) Green Business Program The commission worked with an SOU graduate student to develop a Green Business Certification Program with Ashland Businesses. The Conservation Department's staff now operates this program and to date 15 businesses have been certified by this program. 6) Adopt-A-Street Program The Commission worked with an interested citizen and developed a program where individuals, neighborhoods, organizations, or business could adopt a street section and then they would periodically pick up liter on the street section. 7) (Water efficient landscaping tour) The commission sponsored a tour of homes and businesses that had installed water efficient landscaping plant methods and irrigation system to educate the public on this subject. 8) (Water wise newspaper articles) The Commission wrote a series of articles in the Ashland Daily Tidings about water use efficiency. 9) (Energy conservation newspaper article series) The Commission wrote a series of articles in the Ashland Daily Tidings about energy efficiency. 10) (TID education project) The Conservation Commission spent some of their meeting time with Public Work's staff to learn about the Talent Irrigation District and how their water effects Ashland's Water situation. 11) (Newspaper article series on recycling) The City's Conservation Commission members took turns writing a series of articles in the Ashland Daily Tidings about recycling programs and opportunities available in the Rogue Valley. 12) Earth Day event at North Mountain Park The City's Conservation Commission and Conservation Division have helped to sponsor and staff this annual Earth Day event since 2003. 13) (Rain Water Catchment Class) The City's Conservation Commission held a class exploring various rain water catchments methods. 14) Solar Home Tour held in 2003, 2004, 2005, 2006, 2007, & 2008 The City's Conservation Commission has sponsored annual solar and energy efficient home tours since 2003. 15) (Greening the World Wellness Weekend) The City's Conservation Commission used a portion of their budget to purchase Green Tags from the Bonneville Environmental Foundation to offset the energy usage and travel energy of the key note speaker of this event which was held in Ashland in 2005. Page 8 of 17 16) Cities for Climate Protection (ICLEI) The City became a voluntary member of ICLEI back in 2004. The conservation Commission and staff worked with Southern Oregon University students in Environmental Education Program to do a greenhouse gas emission inventory for the city. This study identified transportation as the primary carbon emission culprit. Lesser contributions were generated by the use of natural gas for space and water heating. ICLEI in 2006, transitioned from a voluntary program to a fee based organization. The City's Conservation Division provides funding to cover ICLEI participation membership fees. e) Minimize the use of chemicals in City Public Works operations The City's public works department has worked to reduce the use of harmful chemicals in their day to day operations. f) Asphalt reuse by Public Works The City recycles used asphalt by having it re-crushed into % minus that is used in other City Project. g) Revision to City's Styrofoam Ordinance IN 1998, the city revised its outright ban on the use of Styrofoam by amending the ordinance exempt meant, poultry, and seafood packaging at the request of local grocery stores. This was done because these items were being sent to Ashland packaged in Styrofoam and then being repackaged in cardboard. This resulted in additional handling of the product, reduced shelf life and the original Styrofoam packaging being thrown in the garbage. h) Water based street paint The City has switched from oil based to water based paints for the majority of our painting needs. i) Switch from diesel fuel to propane for fire extinguisher training conducted by Fire Department The City's Fire Department switched from diesel fuel to propane to conduct Fire Extinguisher training. j) Ashland Sanitary Yard Debris Pick-Up Program Ashland Sanitary offers a green waste pickup service for a fee to all Ashland residential customers. k) Recycled Paper The City now uses 100% post consumer recycled paper for our copiers and printers. 100 % recycled with 60% post consumer in bathroom tissue, and multifold/roll towels, and 100% recycled , 40% post consumer for facial tissue. 1) Increase Recycling Opportunities Ashland Sanitary offers commingled curbside collection of a wide array of materials at no charge to Ashland residents. m) ' Temperature study for the WWTP Effluent The City hired Corallo Engineers because of a DEQ requirement to reduce our effluent temperature. The consultant is working with staff and a citizen committee on this subject. n) Piping of Filter Backwash Water to the WWT Plant. The City installed a wastewater line so that water that is used to back wash the filters at the City's water treatment plant is sent to the City's wastewater treatment plant for treatment. o) Green Waste Paper Bag Program Last fall the City in conjunction with Ashland sanitary provided reduced fee paper bags that Ashland citizens could use to place leaves in for pick-up and composting by Ashland Sanitary. Page 9 of 17 P) In coordination with the Conservation Division, the City's Administration and IT Departments are networking and linking the various weather stations maintained by the City and Parks Dept to provide neighborhood specific weather data. This data will also be used to assist in providing incentives for the installation and use of "smart-controllers" for irrigation systems. Additionally, Utility Billing customers will see the usage charts and graphs displayed as weather adjusted to more accurately compare water and electric consumption from year to year. 4. WISE USE ENERGY a) Performance Standards Development Ordinance The City has used performance standards to guide residential development since the early 1980's. It includes increased density for desirable development characteristics. b) Transportation Plan The City's transportation plans lays out various strategies to improve transportation choices and attempts to promote multi-model ways to move people and goods within the City, C) Conservation Commission activities (Tree free paper utility bill insert) The Commission funded an insert in the City's utility bill hast was printed on Tree Free Paper. The intent of the insert was to educate citizens about the availability of paper that was made from non tree material. (Green Schools Program) The Commission worked with various Ashland Schools on waste redirection, recycling and composting to help green up their operations. (Conservation Commission video productions) The Commission funded, scripted and worked with RVTV to produce Water Conservation, Energy Conservation and source reduction and recycling videos to help educate Ashland citizens and businesses on these subjects. (Jefferson Monthly articles) The Commission wrote a series of articles entitled "Living Lightly" in the Jefferson Monthly Magazine of JPR to educate readers on various sustainability issues. Green Business Program The Commission worked with an SOU graduate student to develop a Green Business Certification Program with Ashland Businesses. The Conservation Department's staff now operates this program and to date 15 businesses have been certified by this program. Adopt-A-Street Program The Commission worked with an interested citizen and developed a program where individuals, neighborhoods, organizations, or business could adopt a street section and then they would periodically pick up liter on the street section. (Water efficient landscaping tour) The Commission sponsored a tour of homes and businesses that had installed water efficient landscaping plant methods and irrigation system to educate the public on this subject. (Water wise newspaper articles) The Commission wrote a series of articles in the Ashland Daily Tidings about water use efficiency. Page 10 of 17 (Energy conservation newspaper article series) The Commission wrote a series of articles in the Ashland Daily Tidings about energy efficiency. (TID education project) The Conservation Commission spent some of their meeting time with Public Work's staff to learn about the Talent Irrigation District and how their water effects Ashland's Water situation. (Newspaper article series on recycling) The Commission members wrote a series of articles in the Ashland Daily Tidings about recycling programs and opportunities available in the Rogue Valley. Earth Day annual event held in 2003, 2004, 2005, 2006, 2007, 2008, & 2009 The City's Conservation Commission and Conservation Division have helped to sponsor and staff booths at annual Earth Day events since 2003. (Rain Water Catchment Class) The City's Conservation Commission held a class exploring various rain water catchments methods. Solar Home Tour in 2003, 2004, 2005, 2006, 2007, & 2008 The City's Conservation Commission has sponsored annual solar and energy efficient home tours since 2003. (Greening the World Wellness Weekend) The City's Conservation Commission used a portion of their budget to purchase Green Tags from the Bonneville Environmental Foundation to offset the energy usage and travel energy of the key note speaker of this event which was held in Ashland in 2005. Cities for Climate Protection (ICLEI) The City became a voluntary member of ICLEI back in 2004. The Conservation Commission and staff worked with Southern Oregon University students in Environmental Education Program to do a greenhouse gas emission inventory for the city. This study identified transportation the primary carbon emission culprit. Lesser contributions were generated by the use of natural gas for space and water heating. ICLEI in 2006, transitioned from a voluntary program to a fee based organization. The City's Conservation Division provides funding to cover ICLEI participation membership fees. d) (Resource Conservation Manager Program (City, SOU, School District and Ashland Chamber of Commerce)) The City and our partners took part in a BPA sponsored 2 year program where each of the above organizations appointed a Resource Conservation Manager (RCM) to track resource costs and work to implement operational changes and access programs which could help to install conservation initiatives within the institutions. e) Energy and Water Conservation Programs The City has a vast array of programs which help citizens and businesses use resources (electric & water) more efficiently. f) (Certified Wood Program) The Ashland city Council approved Resolution 99-22 in 1999. This resolution required using certified wood on City projects that exceeded $15,000 if the incremental costs of the work didn't exceed standard wood costs by 10%. This resolution sunseted on July 3, 2001, 18`" months after adoption. g) (City's natural gas vehicle) Page 11 of 17 The City's building Department uses a natural gas powered vehicle for building inspectors. This vehicle needs to be refilled about every 4 days at the RVTD facility in Medford. h) Conservation Augmentation Agreement with BPA The City has been operating various energy conservation programs that are funded by the Bonneville Power Administration under this agreement. i) Council allocation of money to provide reduced fee bus services in Ashland The City has provided funding to RVTD for the past few years which has resulted in expanded service and lower bus fees than would have existed without the City's monetary support. j) (New Commercial Resource Conservation Audit cost-share program conducted in conjunction with Oregon Manufacturing Extension Partnership (OMEP)) The City partnered with OMEP to provide energy audit service for any City Manufacturing business. Because these are very few of these types of forum in Ashland, this program has not been utilized so far. k) (Ashland/BPA Power Shift Pilot Program) In 2005, the City and BPA implemented the pilot Power Shift Program where 100 homes were outfitted with load management devices which could control thermostat and water heater via the internet and Ashland Fiber Network. This 2 year pilot successfully ended in December, 2006. BPA learned the technology was reliable and could shift about 2kW of residential demand by thermostat set backs and water heater curtailment. 1) Use of Bio Diesel in the City Fleet After experimenting with a few vehicles, the City has switched the majority of our diesel fleet to Bio Diesel. m) Use of Soy Oil in Electric Transformers The City's specification now require all new transformers to use FR3 the brand name soy oil made specifically for transformers. This oil has superior operating characteristics and poses little environmental threat should a leak occur. n) (The City's Public Works Department purchase of New Hybrid vehicles) Information Technology, Water treatment, Purchasing, Police and Electric operations all now use Hybrid Escape Vehicles. o) (Fluorescent Bulb Recycling Grant by the Conservation Commission) The City of Ashland s Conservation Commission has provided funding to cover the costs of recycling florescent tube and compact fluorescent bulbs. This allows Ashland Citizen's to recycle these items without charge at the recycling Depot on Water Street. P) Diesel Fleet Retrofit Public Works and Administration secured a grant to retrofit the majority of the City's diesel fleet with aftermarket emission reduction devices. This project should be completed by the end of 2009. q) Electric's New Line Truck The City is replacing its 17 year old Line Truck with a new truck. We purposely waited for the 2007 model to be available because they have higher safety and emission standards then the 2006 models. The plan is to request bids for this truck in both standard and hybrid models before deciding on which version to purchase. r) (New Economizer on Fire Station No 1) The City installed a new economizer on the HVAC system at Fire Station No. 1. S) (New Soft Start Equipment at the WWTP) Page 12 of 17 The City installed soft start equipment on the large motors at the City WWTP plant. This should not only save energy and demand, but also preserve equipment life. t) Subsidized Bus Fares The City Council authorized a $250,000 subsidy to RVTD to provide $1.00 fares, better services and low income fare subsidies in Ashland during FY09-10. U) (Business Energy Tax Credit (BETC)) The City received a BETC pass through tax credit for our bus subsidies and Solar Pioneer II project. V) (Installation of Variable Frequency Drives at the WWTP) The City has installed four variable frequency drives on the pumps at the City's Waste Water Treatment Plant. These drives will reduce electric energy consumption and demand costs for the plant and also increase the lifetime of the pumps. W) Use of Recycled Water for Sewage Lane Maintenance The City's Waste Water Department now uses treated waste water from the Plant for maintenance and cleaning of sewer lines through out the City. This reduces potable water use and costs. X) (Purchase of Ford Hybrid Escapes) These were added to the 3 existing hybrids used by Water, Electric and Purchasing Departments In FY 08-09. Y) Energy Smart Grocery Program The City's Conservation Division is operating a new program in conjunction with the Bonneville Power Administration to provide Energy Auditing services to Ashland's Large Grocery Store and Small Convenience Stores with significant refrigeration loads. The program also provides financial incentive to install identified conservation measures. Z) The City approved 15 units of "zero net energy ready" affordable housing townhouses in Rice Park (part of Verde village). These units are serving as a state model for statewide affordable housing developments. aa) The City approved the Snowberry Brook development on Clay Street. This 60 unit affordable housing development includes wetland preservation, construction of a green street & rental units built to the Earth Advantage Standards. bb) The City of Ashland staff competed in the statewide Bike Commute challenge. The Team completed 141 team commutes totaling 913 miles for a 17.4% commute rate. This team was one of only two agency teams outside of Portland Metro to finish in the top ten of their category., The City was among the first southern Oregon teams to participate in this event and thus have helped shift the focus from Portland to a more statewide event that now draws teams from Medford, Grants Pass, RVCOG and other local businesses. Over 1.9 million people participated in 2009. cc) The City was awarded $33,560 in Recovery Act Funds that were directed by the Ashland City Council to the Conservation Division to improve the energy efficiency of Ashland's low income housing. do) The city signed a contract with a private vendor to provide pickup and recycling of old refrigeration and freezers for Ashland citizens and businesses. The units will be picked up and the owners will receive $30 rebate and free removal & recycling of the old unit. ee) The City's Electric Department is soliciting bids for a new electric bucket Truck in both standard & Hybrid Models. This unit is scheduled to replacement in FY09-10 and we hope to determine the costs and benefits of each type of vehicle before replacing this equipment. fo The City is creating an inter-departmental sustainability team to develop an internal operational sustainability plan for the City. The team will be a forum for communication/sharing of sustainable Page 13 of 17 initiatives from department to department and it will be the steering group for the development of our sustainable baseline to build on in the future and track/measure progress. gg) In coordination with the sustainability team, staff is collecting all types of usage data (electric, natural gas, water, garbage/recycle, hazardous chemical, fuel, etc) be fed and tracked in an accredited/recognized software system to establish a carbon measurement for the City. hh) An SOU intern has completed a draft review of a dozen different climate calculators and has provided a recommendation and ranking to assist in selecting the right tool for the scope and scale of the City's operational sustainability efforts. 5. RISK REDUCTION a) Herbicide Policy Section 9.28.020 of the AMC outlines the City's policy for the use of pesticides by City departments. It is designed to "reduce the risk of illness or injury resulting from city employees and citizen's exposure to pesticides used on the course of performing city operations. The policy requires city workplace practices designed to reduce or eliminate the use of, and exposure to, pesticides. b) EMF Policy City Resolution 91-15 sets forth a sitting and construction policy with respect to EMF for electrical facilities in Ashland. C) Revisions to City Emergency Management Plan The City has an extensive Emergency Management Plan which is living on going document that is constantly being updated and amended as emergencies and emergency simulations unfold. d) Ongoing training and simulations of emergency situations The City periodically will simulate various emergencies to order to practice dealing with real world emergencies. This helps employees learn how to implement our Emergency Management Plan and practice the various roles need to implement the plan should a real emergency occur. e) Ongoing safety training of City field personnel City field personnel have monthly meeting dedicated to safety and ensure that our employees have to knowledge to help them safely perform their work duties. f) (Y2K preparedness) The City has an extensive plan to prepare for Y2K and it was implemented, and the change over went very smoothly. g) Community Emergency Response Team Program (CERT) The program that is operated by the City's Fire Department has trained numerous volunteers trained to aid the City in responding to future emergencies. h) (Fire and Police Department videos) The City worked with RVTV to produce Video that could be used to educate Ashland citizens about Police & Fire Department operations and programs. i) (School safety programs) The City for a number of years funded or partially funded an Ashland Police officer to work in at the Ashland School District as the School Resource Officers. Also officers have operated DARE programs in the grade school for a number of years. j) (New fuel tanks at the City yards and airport) The city replaced old fuel tanks at the airport and 90 N. Mountain Ave in Ashland. The aging single walled tanks were replaced with modern double wall tanks. Page 14 of 17 k) (Riparian video) The City's Community Development Department worked with RVTV to develop a video which could be used to educate Ashland Citizens and Stakeholders on Riparian issues, rules and proposed changes to our regulations. 1) (Riparian workshops) The City's planning department held a couple of public open houses to discuss the city's riparian inventory study and also had a couple planning commission study sessions ion this topic where the public was encouraged to attend and participate. m) (Wildfire forums) The City's Fire Department has held both City Wide and neighborhood forums to educate Ashland citizens about wildlife risks, prevention, mitigation and response. n) (Siskiyou Blvd Reconstruction) The reconstruction of Siskiyou Blvd has improved its appearance, provided bike lanes, installed new landscaping and irrigation system and greatly improved pedestrian crossings, especially in the SOU are which has a considerable amount of crossing traffic during SOU operating hours. o) Community Wildfire Plan The Community Wildfire Protection Plan (WPP) was completed and adopted by the City Council in 2004. This document synthesizes issues relevant to homeowners in the W ildland Urban interface as well as our municipal Watershed. The plan was submitted to the US Forest Service and accepted as an official CWPP under the Healthy Forest Restoration Act of 2003. P) Water Street Bridge The City has replaced the Water Street Bridge over Ashland Creek between "B" Street and Van Ness. This new bridge is designed to improve water passage during high water events. q) New Pedestrian Bridge Over Ashland Creek The replacement of the old wooden pedestrian bridge adjacent to the new Shasta Building is designed to improve water passage during high water events. r) Participation in Community Rating System (CRS) The City is an active participant in the a National Flood Insurance Program's (NFIP) Community Rating System (CRS). This is a voluntary incentive program that recognizes and encourages community floodplain management activities that exceed National Flood Insurance Program requirements. As a result, flood insurance premium rates are discounted to reflect the reduced flood risk resulting from the community actions meeting the three goals of the CRS: (1) reduce flood losses; (2) facilitate accurate insurance rating; and (3) promote the awareness of flood insurance. 6. SAFE PRODUCTS AND SERVICES a) Herbicide Policy Section 9.28.020 of the AMC outlines the City's policy for the use of pesticides by City Departments. It is designed to "reduce the risk of illness or injury resulting from city employees and citizen's exposure to pesticides used on the course of performing city operations. The policy requires city workplace practices designed to reduce or eliminate the use of, and exposure to, pesticides. b) Environmental training for Public Works field personnel The City's Public Works Department holds periodic training on ensuring that sound environmental safeguards are employed when dong public works construction projects. Page 15 of 17 C) (Consultation by Public Works with AWP members or other local experts on appropriate environmental techniques) After the flood in 1997, the city has a series of meetings with AWP members and other local environmental experts on not only flood related restoration efforts but other City projects to gain their perspective on how best to implement City projects. d) Construction notices to affected properties in advance of Public Works projects The City routinely notifies effected citizens and businesses when City construction projects will disrupt their place of residence or employment. e) (Certified Wood Program) The Ashland City Council approved Resolution 99-22 in 1999. This resolution required using certified wood on City projects that exceeded $15,000 if the incremental costs of the work didn't exceed standard wood costs by 10%. This resolution sunseted on July 3, 2001, 18th months after adoption. 7. DAMAGE COMPENSATION a) (Ashland Creek Restoration Project) Following the flood in 1977, the City undertook replacing the Winburn Way Culvert and the Water Street Bridge with new facilities which wouldn't be as flood prone as the older facilities. 8. DISCLOSURE a) Herbicide Policy Section 9.28.020 of the AMC outlines the City's policy for the use of pesticides by City Departments. It is designed to "reduce the risk of illness or injury resulting from city employees and citizen's exposure to pesticides used on the course of performing city operations. The policy requires city workplace practices designed to reduce or eliminate the use of, and exposure to, pesticides. b) EMF Policy City Resolution 91-15 sets forth a sitting and construction policy with respect to EMF for electrical facilities in Ashland. C) Environmental training for Public Works field personnel The City's Public Works Department holds periodic training on ensuring that sound environmental safeguards are employed when dong public works construction projects. d) Construction notices for City projects The City routinely notifies effected citizens and businesses when City construction projects will disrupt their place of residence or employment. e) (1998 Water Quality Report (published July 1999)) The city has developed and mailed water quality reports to Ashland Citizens since 1998. These reports required by Federal law gave details about water supply and water quality. f) (1999 Water Quality Report (published June 2000)) The city has developed and mailed water quality reports to Ashland Citizens since 1998. These reports required by Federal law gave details about water supply and water quality. g) (2000 Water Quality Report) The city has developed and mailed water quality reports to Ashland Citizens since 1998. These reports required by Federal law gave details about water supply and water quality. h) (2001 Water Quality Report) Page 16 of 17 The city has developed and mailed water quality reports to Ashland Citizens since 1998. These reports required by Federal law gave details about water supply and water quality. i) (2002 Water Quality Report) The city has developed and mailed water quality reports to Ashland Citizens since 1998. These reports required by Federal law gave details about water supply and water quality. D (2003 Water Quality Report) The city has developed and mailed water quality reports to Ashland Citizens since 1998. These reports required by Federal law gave details about water supply and water quality. k) (2004 Water Quality Report) The city has developed and mailed water quality reports to Ashland Citizens since 1998. These reports required by Federal law gave details about water supply and water quality. 1) (2005 Water Quality Report) The city has developed and mailed water quality reports to Ashland Citizens since 1998. These reports required by Federal law gave details about water supply and water quality. m) (2006 Water Quality Report) The City has developed and mailed water quality reports to Ashland Citizens since 1998. These reports required by Federal law gave details about water supply and water quality. n) (2007 Water Quality Report) The City has developed and mailed water quality reports to Ashland Citizens since 1998. These reports required by Federal law gave details about water supply and water quality. c) 2008 Water Quality Report The city has developed and mailed water quality reports to Ashland citizens since 1998. These reports required by Federal law gave details about water supply and water quality. P) (City Source Energy Conservation video) The City worked with RVTV to develop a video to educate Ashland citizens and businesses about energy conservation in general and the City programs and activities available to them. q) (City Source Water Conservation video) The City worked with RVTV to develop a video to educate Ashland Citizens and businesses about water conservation in general and the City programs and activities available to them. r) Wildfire Hot Line The City established a wildfire hot line (541-552-2490) which provides information on local wildfires and controlled burning. 9. ENVIRONMENTAL DIRECTORS AND MANAGERS Dick Wanderscheid has Environmental Affairs as a designated responsibility. 10. ANNUAL ASSESSMENT This is the thirteenth annual report submitted to the City Council as required by the 10th of the Valdez Principles. Page 17 of 17 CITY OF ASHLAND Council Communication Postpone First Reading of Ordinances Adopting Chapter 18.63 Water Resource Protection Zones and Related Ordinance and Ashland Comprehensive Plan Amendments Meeting Date: October 20, 2009 Primary Staff Contact: Bill Molnar Department: Community Development E-Mail: molnarbCo)ashland. or.us Secondary Dept.: None ~ Secondary Contact: Maria Harris Approval: Martha Benne ~17 Estimated Time: Consent Question: JJ Should the Council continue until November 17, 2009 the first reading of ordinances amending the Ashland Land Use Ordinance (ALUO) to include Chapter 18.63 Water Resource Protection Zones and make related amendments of the ALUO and Comprehensive Plan regarding the protection of wetlands, streams and riparian corridors? Staff Recommendation: The complete package of ordinance amendments was not available for distribution to the Council approximately two weeks prior to the October 20th meeting on 1st Reading. Consequently, staff recommends the Council announce that I" Reading on the proposed amendments will be continued to the November 17th, 2009 meeting. Background: The package of amendments for distribution prior to the November 17th Council meeting will include four components. • Adding Chapter 18.63 Water Resource Protection Zones to the ALUO. • Modifying Chapter 18.62 Physical and Environmental Constraints of the ALUO. • Amending the Ashland Comprehensive Plan to include a Water Resources Map, to revise the Physical and Environmental Constraints Floodplains Map, and to adopt the Local Wetlands Inventory (LWI) as a technical study supporting the Ashland Comprehensive Plan. • Modifying Chapter 18.108 Procedures to include the land use approvals in Chapter 18.63 (i.e. Limited Activities and Use Permits, Water Resource Protection Zone Reductions and Hardship Variances) The record for Chapter 18.63 Water Resource Protection Zones and the related ALUO and Comprehensive Plan amendments is available on the project web page - www.ashland.or.us/waterresources. The record is over 600 pages in length and is too large to be provided as a hard copy to the City Council unless requested. Related City Policies: Chapter IV Environmental Resources, Ashland Comprehensive Plan Chapter 18.72 Physical and Environmental Constraints, ALUO Chapter 18.88 Performance Standards Option, ALUO Chapter 18.72 Site Design and Use Standards, ALUO Page 1 of 2 ~r, CITY OF ASHLAND Section 18.108.Procedures, ALUO Council Options: The Council should continue I" Reading on the proposed package of ordinance amendments. related to Ashland's water resources to November 17, 2009. Potential Motions: Move to continue 1" Reading on the proposed package of ordinance amendments related to Ashland's water resources to November 17, 2009. Attachments: 1. None at this time. The complete record can be viewed on the city's website at: www.ashland.or.us/waterresources Page 2 of 2 ~r, CITY OF ASHLAND Council Communication Ashland Community Hospital Lease Meeting Date: October 20, 2009 Primary Staff Contact: Martha Bennett Department: Administration E-Mail: bennettm@ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Martha Bennett Estimated Time: Consent T Question: Does the City Council wish to authorize the City Administrator to send a letter to Ashland Community Hospital (ACH) that waives the City's right to terminate the Facilities lease and resume responsibility for operation of the Hospital? Staff Recommendation: Staff recommends that the Council authorize the Administrator to waive the right to assume responsibility for ACH operations under paragraph 3.1.6 of the Agreement between the City and Ashland Community Healthcare Services because of financial issues they faced in fiscal year 2009. Background: ACH is audited each year by an independent, third party firm. As part of their work, the auditors review compliance with the agreements and contracts that govern ACH operations, including the agreement with the City from 1996 that transferred operations from the City to Ashland Community Healthcare Services. The auditors cannot complete and issue their opinion letter on the audit unless ACH is in compliance with these agreements. In that Agreement, the City gave itself the right to terminate the lease and resume operation of ACH under several conditions, including if ACH's debt service coverage was ever less than 1.25 to 1. On June 30, 2009, Ashland Community Hospital's working capital ratio was 1.89 and the debt service coverage was .79, which are considered an Event of Default. Given that ACH is below the amounts required by the lease for both ratios, the City has the right to declare ACH in default of the 1996 agreement. For the second year in a row, ACH's auditors have asked the City to declare whether it wishes to exercise its rights under this agreement. Hospital Board Chair Marie Donovan and Chief Executive Officer Mark Marchetti covered the financial issues related to the failure to meet these ratios in their annual meeting with the City Council in July 2009. As was the case in FY 2008, City staff are not concerned that the hospital's financial condition is sufficient to warrant resumption of hospital operations by the City. Therefore, staff recommends that the Council authorize the City Administrator to send a letter to ACH waiving our right to terminate the lease so the audit can be completed. Because this is the second year that this issue has arisen and because many of the issues faced by the hospital are the result of Federal reimbursements for Medicare and Medicaid, City staff has begun working with Hospital Staff to see if there is a way to re-negotiate this part of the lease. The City needs to be assured that the ACH is in a strong financial position. The City also needs the right to resume operation of the hospital should there be a condition that threatens ACH viability. At the same Page I of 2 1 L, CITY OF ASHLAND time, these two ratios appear to no longer meet our needs of insuring good financial management. Staff will return to Council at a later date for a discussion of this issue. Council Options: • Accept the staff recommendation. • Request additional information • Reject the staff recommendation and request information about how to exercise the "default" provisions in the contract so that they City ■ Other option, potentially a combination of the above options. Potential Motions: ■ I move that the City Attachments: None. Page 2 of 2 CITY OF ASHLAND October 21, 2009 Mark Marchetti, Chief Executive Officer Ashland Community Hospital 280 Maple Street Ashland, Oregon 97520 SUBJECT: City Waiver of Right to Terminate Lease Agreement for FY 2009 Audit of Ashland Community Hospital Dear Mr. Marchetti: In 1996, the City of Ashland and Ashland Community Healthcare Services signed an agreement for the Lease of the Ashland Community Hospital. The agreement includes several provisions related to default and termination of the agreement. Paragraph 16.1.4 of this agreement states that Ashland Community Healthcare Services must a working capital ratio of 2 to 1, and 16.1.5 of this agreement states that Ashland Community Healthcare Services must also maintain a debt service coverage ratio of at least 1.25 to 1. Based on information you have provided, the City understands that on June 30, 2009, Ashland Community Hospital's working capital ratio was 1.89 and the debt service coverage was .79, which are considered an Event of Default. The City understands the reasons for this financial position. At its October 20, 2009 Meeting, the Ashland City Council authorized me to send this letter stating that at June 30, 2009 and during the following year ending June 30, 2010, the City of Ashland agrees to waive the right to exercise the options outlined in Section 16.2 of the Facilities Lease, which would include the right to terminate the lease, immediately enter the premises and exercise full authority and control over the operation of the Hospital, or dissolve the Hospital's corporation due to the breach of the working capital and debt service coverage ratio in the Hospital's fiscal year 2009. This in no way represents an agreement by the City to waive other rights in the Facilities Lease, including future violations of Paragraph 16.1.4 and16.1.5. Please let me know if you have questions. Sincerely, Martha J. Bennett City Administrator C. Richard Appicello, City Attorney Lee Tuneberg, Administrative Services/ Finance Director 20 East ADMINISTRATION DEPT. Tel: 541488-6002 20 East Main Street Fax: 541-488-5311 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us CITY OF ASHLAND Council Communication Termination of Stage 1 Water Curtailment Meeting Date: October 20, 2009 Primary Staff Contact: Martha Bennett Department: Administration E-Mail: bennettm@ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Martha Benne Estimated Time: Consent Question: Will the City Council ratify the City Administrator's decision to terminate Stage 1 of Water Curtailment? Staff Recommendation: Staff recommends the City Council ratify the decision. Background: On August 25, 2009 Stage 1 Water Curtailment was initiated. Ashland businesses and residents responded well to the curtailment and significantly reduced water use over the past several weeks. Of the 6,457 utility accounts billed as of October 13, 70 residential accounts and nine business accounts exceeded the allotment. Of those accounts with separate irrigation meters, 10 residential and forty businesses accounts exceeded the allotment. The water curtailment rates will be phased out by October 23. Bills received up until that date will show water use for September and reflect curtailment rates for those accounts that exceeded allotted water use. Ashland Municipal Code provides for the City Administrator to terminate water curtailment and requires the City Council to ratify the decision. The determination of the City Administrator under this section shall be effective until the next council meeting following such determination at which time the council shall either ratify or invalidate the determination. The decision to terminate is based on the following: Demand for water in the City: The demand for water no longer exceeds the supply. October average production is 2.6 MGD and the October average demand is 2.6 MGD. Volume of water in Reeder Reservoir: As of October 13, 2009 the reservoir is at 62.3% full as compared to 59% on August 23, 2009. As a reminder, the minimum desirable draw down level is 35%. With the Stage 1 Curtailment in place and the addition of TID water, the level of the reservoir has increased. Standard drawdown curve for Reeder Reservoir: The reservoir is now above the standard drawdown curve (see attached Reeder Reservoir standard drawdown curve graph). The drawdown curve estimates the volume of the reservoir at 50% by mid October. Page I of 2 PF&, CITY OF ASHLAND Curtailment date for Talent Irrigation District (TID) water: The TID Board set October 15, 2009 as the actual curtailment date of TID water. Flows in the east and west forks of Ashland Creek: The October average daily flows from the east and west forks of Ashland Creek are 2.6 MGD. In addition to the east and west forks of Ashland Creek, the October average TID flows are 1.7 MGD. Please note that the TID water will discontinue October 19, 2009. Related City Policies: AMC 14.06.020 Council Options: Ratify the decision of the City Administrator to terminate water curtailment. Do not ratify the decision and provide new direction to staff. Potential Motions: I move to ratify the decision of the City Administrator to terminate water curtailment effective as of Monday October 13, 2009. I move to deny the decision of the City Administrator to terminate water curtailment and Attachments: Reeder Reservoir Drawdown Chart AMC 14.06 Page 2 of 2 ~r, 2009-10-12 Reeder Reservoir Drawdown 100 ' 10/17/2001 Ended Mandatory 90- Water curtailment., Average drawdown rate = 0.42 % per day. 80 [ .j Lf 70 - FL 17 T 8/16/2001 Started Water Curtailment a 60 8/25/2009 Started Water Curtailment & v TO supplemental supply started w 50 tM ~o c 40 - 1 so % Non. IDI soambft L awsO 30 -r 2002 10 yr Hist. Low 20 2001-2008 Average Target 10 --6-2009 2001 Last Curtailment 0 A -1 ~o~JC ~~~JC 0~J ~ti~J~ hPJA ~~PpA ti~e~ ~65eQ ~~oo ~~Oeo ~~ao ~~a G:\pub-wrks\eng\08-54 Right Water Right Use\Engr\Backgroud\Supply\2009-10-12 Reeder Drawdown.xls CHAPTER 14.06 WATER CURTAILMENT SECTIONS: 14.06.010 Definitions. 14.06.010A Exhibits. 14.06.020 Determination of water shortage. 14.06.030 Water curtailment stages. 14.06.060 Exemptions and Appeals. 14.06.080 Excess water consumption surcharge. 14.06.090 Penalties and enforcement. SECTION 14.06.010 Definitions. The following words and phrases whenever used in this chapter shall be construed as defined in this section unless from the context a different meaning is intended. A. "Billing period" means that period used by the City for the reading of water meters consisting of approximately 30 calendar days. B. "City water" means water sold or delivered by the City of Ashland and includes Talent Irrigation District water delivered through the City's water system. C. "Cf' means cubic feet. D. "Customer" means that person or persons designated in City records to receive bills for water service. E. "Multi-family dwelling" means a building containing two or more residential units. F. "Outside plants" means grass, lawns, ground-cover, shrubbery, gardens, crops, vegetation and trees not located within a fully enclosed building. G. "Permanent resident" means a person who resides at the dwelling at least five days a week, nine months a year. H. "Temporary or Drop-In Guest" means a person who resides at the dwelling less than 3 consecutive months per year. I. "Water Allocation Table" means that table of meter types and sizes and maximum volumes of water set forth in Exhibit "A" attached to this Ordinance.(See section 14.06.010 Exhibits for water table) J. "Waste" means: 1. To use City water to irrigate outside plants: a. Between the hours of 10:00 a.m. and 8:00 p.m. May through July or between 10:00 a.m. and 7:00 p.m. August through October, except that drip irrigation systems may be used during these times. b. in such a manner as to result in runoff on a street, sidewalk, alley or adjacent property for more than five minutes. 2. To use City water to wash sidewalks, walkways, streets, driveways, parking lots, open ground or other hard surfaced areas except where necessary for public health or safety. 3. To allow City water to escape from breaks within a plumbing system for more than 24 hours after the person who owns or is in control of the system is notified or discovers the break. 4. To use City water to wash cars, boats, trailers, aircraft, or other vehicles by hose without using a shutoff nozzle except to wash such vehicles at commercial or fleet vehicle washing facilities using water recycling equipment. 5. To serve City water for drinking at a restaurant, hotel, cafe, cafeteria or other public place where food is sold, served or offered for sale, to any person unless expressly requested by such person. 6. To use City water to clean, fill or maintain decorative fountains, lakes or ponds unless all such water is recirculated. 7. Except for purposes of building construction, to use City water for construction, compaction, dust control, cleaning or wetting or for building washdown (except in preparation for painting). 8. To use City water for filling swimming pools or for filling toy, play or other pools with a capacity in excess of 100 gallons, provided, however, that water may be added to swimming pools to replace volume Ins due to evaporation. (Ord 2869, Amended, 05/15/2001) SECTION 14.06.010A Exhibits. The Water Allocation Table set forth below is substituted for the Water Allocation Table adopted as Exhibit A and defined in section 14.06.010.I. WATER ALLOCATION TABLE IN CUBIC FEET CATEGORY METER METER STAGEI STAGE2 STAGE3 STAGE4 TYPE SIZE Res IrriA 0.75 1800 600 100 0 Res Irri B 1.00 1800 600 100 0 Res Irri C 1.50 1800 600 100 0 Res Irri D 2.00 1800 600 100 0 Com Irri A 0.75 3200 1100 100 0 Com Irri B 1.00 6100 2100 200 0 Com Irri C 1.50 10400 3700 400 0 Com Irri D 2.00 15200 5300 500 0 Com Irri E 3.00 30400 10600 1100 0 Gov Irri A 0.75 3200 1100 100 0 Gov Irri B 1.00 6100 2100 200 0 Gov Irri C 1.50 10400 3700 400 0 Gov Irri D 2.00 15200 5300 500 0 Gov Irri E 3.00 30400 10600 1100 0 Gov Irri F 4.00 48100 16800 1700 0 TO IrriF 4.00 48100 16800 1700 0 Comm=1 A 0.75 6400 4800 3200 1600 CATEGORY METER METER STAGEI STAGE2 STAGE3 STAGE4 TYPE SIZE Comm=1 B 1.00 12200 9200 6100 3100 Comm=1 C 1.50 20900 15600 10400 5200 Comm=1 D 100 30400 22800 15200 7600 Comm=1 E 3.00 60800 45600 30400 15200 Comm=1 F 4.00 96200 72200 48100 24100 Comm=1 G 6.00 186400 139800 93200 46600 Comm=1 H 8.00 304400 228300 152200 76100 Condo All All 2700 2000 1300 700 Resid=1 A 0.75 3600 2500 1800 900 Resid=l B 1.00 3600 2500 1800 900 Resid=1 C 1.50 3600 2500 1800 900 (Ord 2869, Amended, 05/15/2001) SECTION 14.06.020 Determination of water shortage. A. The City Administrator is authorized to prohibit waste as defined in section 14.060.010 or implement water curtailment stages upon determination that a water shortage emergency conditions exists. Such determination shall be based on an analysis of the demand for water in the City, the volume of water in Reeder Reservoir, the standard drawdown curve for Reeder Reservoir, the projected curtailment date for Talent Irrigation District water and flows in the east and west forks of Ashland Creek. The determination of the City Administrator under this section shall be effective until the next council meeting following such determination at which time the council shall either ratify or invalidate the determination. B. The City Administrator is authorized to terminate waste prohibitions or water curtailment stages upon determination that a water shortage emergency condition no longer exists. Such determination shall be based upon factors listed in section 14.06.020. The termination shall be effective until the next council meeting following the determination of the City Administrator at which time the council shall either ratify or invalidate the determination. (Ord 2869, Amended, 05/15/2001) SECTION 14.06.030 Water curtailment stages. Depending on the severity of the potential water shortage, the City Administrator may implement the following water curtailment stages. During any stage, no person shall waste City water. Stagel. The following restrictions are effective during water curtailment Stage 1: 1. No customer shall receive through the water meter assigned to such customer more than the maximum volume of water for such meter indicated for Stage 1 in the Water Allocation Table. 2. Government agencies, including but not limited to parks, schools, colleges and municipalities may have separate account allotments combined into one "agency" allotment and are exempt from Stage 1 restrictions if their water consumption is otherwise reduced by 20% from the volume of water delivered in the same billing period for the first previous non-water curtailment year. Stage2.The following restrictions are effective during water curtailment Stage 2: 1. No customer shall receive through the water meter assigned to such customer more than the maximum volume of water for such meter indicated for Stage 2 in the Water Allocation Table. 2. Government agencies, including but not limited to parks, schools, colleges and municipalities may have separate account allotments combined into one "agency" allotment and are exempt from Stage 2 restrictions if their water consumption is otherwise reduced by 30% from the volume of water determined under Stage 1. Stage3.The following restrictions are effective during water curtailment Stage 3: 1. No customer shall receive through the water meter assigned to such customer more than the maximum volume of water for such meter indicated for Stage 3 in the Water Allocation Table. 2. Government agencies, including but not limited to parks, schools, colleges and municipalities may have separate account allotments combined into one "agency" allotment and are exempt from 3 restrictions if their water consumption is otherwise reduced by 40% from the volume of water determined under Stage 2. Stage4.The following restrictions are effective during water curtailment Stage 4: 1. No customer shall receive through the water meter assigned to such customer more than the maximum volume of water for such meter indicated for Stage 4 in the Water Allocation Table. 2. Government agencies, including but not limited to parks, schools, colleges and municipalities may have separate account allotments combined into one "agency" allotment and are exempt from Stage 4 restrictions if their water consumption is otherwise reduced by 50% from the volume of water determined under Stage 3. 3. No City water shall be used to irrigate outside plants, except for trees, shrubs and food plants. If the customer has an irrigation meter, the irrigiation meter shall not be used. The watering of trees, shrubs and food plants shall be through the non-irrigation meter and the total allocation shall not exceed the amount allowed for the non-irrigation meter. SECTION 14.06.060 Exemptions and Appeals. A. Any person who wishes to be exempted from a restriction imposed by any water curtailment stage shall request an exemption in writing on forms provided by the City and file the request for exemption in writing with the Utility Billing Office. B. Requests will be reviewed after a water audit is conducted by the City and a determination made by the utility billing account representative as to the validity of the request for an exemption. No exemptions will be considered until the City has conducted a water audit. C. Exemptions may be granted for the following: 1. Any person with substantial medical requirements as prescribed in writing by a physician. Examples would be hydrotherapy pools or life support systems. 2. Residential connections with more than four permanent residents in a single family residence or three permanent residents per unit in a multi-family dwelling can receive up to 350 cf per month per additional permanent resident. A census may be conducted to determine the actual number of permanent residents per living unit. Temporary or drop-in guests will not be considered for additional allocations. 3. For commercial or industrial accounts where water supply reductions will result in unemployment or decrease production, after confirmation by the City that the account has instituted all applicable water efficiency improvements. 4. For any other reason upon showing of good cause and where necessary for public health or safety. 5. For commercial accounts where water meter is undersized (as determined under the Uniform Plumbing Code) for the current occupancy, the allocation for such accounts may be increased up to the allocation for the water meter size designated for such occupancy in the Uniform Plumbing Code. D. Exemptions will not be allowed for steam cleaning or similar uses of water. The amount allocated for any given customer will include such uses and no additional allocation will be allowed. E. The utility billing account representative shall report to the Director of Public Works the findings and conclusions resulting from the review. The Director shall approve or deny the request for exemptions and may impose conditions. Such conditions may include the amount volume restrictions may be exceeded and that all applicable plumbing fixtures or irrigation systems be replaced or modified for maximum water conservation. If the Director and the applicant are unable to reach accord on the exemption, or if the applicant is dissatisfied with the decision, the applicant may appeal to the City Administrator in writing who will make the final determination. F. Except for an exemption granted under section 14.06.060.C.1, C.2 and C.5, the water consumption surcharge specified in section 14.06.080 shall apply to all exemptions. (Ord 2869, Amended, 05/15/2001) SECTION 14.06.080 Excess water consumption surcharge. For any full billing period that begins after the City Administrator's determination is made and ratified as provided in section 14.06.0060: A. Any customer who exceeds the maximum volumes established in the Water Allocation Table for Stages 1,2 or 3 shall pay a surcharge of four times the rate for water delivered in excess of the established maximum volume. B. During Stage 4, any customer who exceeds the maximum volumes established in the Water Allocation Table shall pay a surcharge of ten times the rate for water delivered in excess of the established maximum volume. (Ord 2869, Amended, 05/15/2001) SECTION 14.06.090 Penalties and enforcement. The penalties for violations of this chapter shall be cumulative in that they may be in addition to, not in lieu of, other penalties, remedies or surcharges established by this chapter. A. A person shall not violate or procure, aid or abet in the violation of any provision of this chapter. A violation of any provision of this chapter is an infraction and shall be punished as set forth in section 1.08.020 of the Municipal Code. B. If a customer exceeds the maximum volume for more than one billing period, the City may install a flaw restricting device at the service meter which reduces water flow and pressure. For services up to one and one-half inch size the City may install a flow restricting device of two gallon-per- minute capacity, and for larger services, comparatively sized restricting devices for larger services, for a period of seven days. Before normal service will be restored, a flow restrictor installation and removal charge of $100 shall be paid by the person who subscribes for the water service. C. Service may be terminated to any customer who knowingly and willfully violates any provision of this chapter. (Ord. 2736, 1994) Memo CITY OF ASHLAND Date: August 21, 2009 From: Michael R. Faught, Public Works Director To: Martha Bennett, City Administrator Re: Determination of Water Shortage - AMC 14.06.020 The Public Works Department is recommending that the City Administrator declare a water shortage and implement Stage 1 of the Water Curtailment Ordinance. This recommendation is based on the following findings as outlined in the ordinance: Demand for water in the City: The demand for water exceeds the supply. The average daily production which includes a'h million gallons to produce the water and an additional %z million gallons for Ashland Creek is as follows: July: 6.82 MGD (Million Gallons per Day) August: 6.71 MGD Note: In July there were 13 days where water production exceeded 6 MGD. On the Supply side there has only been .18 inches of rain since June 30, 2009. Volume of water in Reeder Reservoir: As of August 23, 2009 the reservoir is at 59%. The Minimum desirable draw down level is 35% and the daily reservoir drawdown has been between .8% and 1%. At the current draw down rate, the reservoir will lowered to 35% by September 23, 2009. Standard drawdown curve for Reeder Reservoir: The reservoir dropped below the standard drawdown curve on August 8, 2009. In an attempt to correct the steep drawdown curve, the City imposed a voluntary 20% water usage reduction on August 11, 2009. While the community responded to the request to reduce water usage by about 1 MGD per day, flows from the east and west fork were also reduced by 1 MFG during the same time period. Projected curtailment date for Talent Irrigation District (TID) water: The projected curtailment date of TID water is October 15, 2009. 1 will be meeting with the TID Board September 1, 2009 to request that TID extend the curtailment date to October 30, 2009. We are not currently using TID water to supplement the water in Ashland Creek however; staff tested the pumps and piping system and is now simply waiting for the lab test results. If the tests meet the source water standards, staff may be able to use TID water by August 26, 2009. Flows in the east and west forks of Ashland Creek The current daily flows from the east and west forks of Ashland creek is 3.14 MGD. That is an approximate 60% reduction in flows over the last 24 days. While the flows have flattened out to 3.14 since August 20, 2009, staff is concerned that the flows will continue to decrease at the same rate over the course of the next month and a half. ENGINEERING DIVISION Tel: 5411488-5347 20 E. Main Street Fax: 5411488-200 0 Ashland OR 97520 TTY: 800/735-2900 www.ashland.orms CITY OF -ASHLAND Memo TO: Michael Faught, Public Works Director FROM: Martha J. Bennett, City Administrator DATE: August 24, 2009 RE: Water Curtailment Order Based on the information that you have provided about current water consumption, the supply in Reeder Reservoir, and the draw down of Reeder Reservoir, I find that a water shortage exists as defined by Ashland Municipal Code (AMC) 14.06.020. I therefore order Water Curtailment, stage one, as defined by AMC 14.06.030. This order includes implementation of Water Curtailment rates defined by AMC 14.06.080. City staff should notify water customers and the news media of this order as quickly as possible. Staff should also provide information to customers about the process for reviewing appeals and exceptions as defined in AMC 14.06.060. This order will be discussed with the Ashland City Council at a Special Meeting on Tuesday, August 25, 2009. At this meeting, Council will review findings related to water supply and consumption. Council will then either ratify of invalidate this order. C. Mayor Stromberg and the Ashland City Council Barbara Christensen, City Recorder Richard Appicello, City Attorney City Department Directors ADMINISTRATION Tex: 5414888002 20 East Main Main Street Fax: 541-88-5311 Ashland, Oregon 97520 TTY: 800-735-2900 w .ashland.or.us CITY OF ASHLAND Council Communication A Resolution Transferring Appropriations Within the FY 2009-2010 Budget Meeting Date: October 20, 2009 Primary Staff Contact: Lee Tuneberg Department: Finance E-Mail: tuneberl@ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Martha Benne Estimated Time: Consent Question: Should Council approve a resolution to adjust budget appropriations for changes in operational expenses to remain in compliance with Oregon Budget Law? Staff Recommendation: Staff recommends approval of the attached resolution to transfer appropriations within specified funds for stated reasons. Background: There are three ways in which to change appropriations after the Budget is adopted. 1. A transfer of appropriations decreases an appropriation and increases another. This is the simplest budget change allowed under Oregon Budget law. This does not increase the overall budget. This is approved by a City Council resolution. 2. A supplemental budget of less than 10 percent of total appropriations within an individual fund follows a process similar to the transfer of appropriations. This process includes a notice in the paper prior to Council taking action. 3. A supplemental budget in excess of 10 percent of total appropriations requires a longer process. This process includes a notice in the paper and a public hearing prior to the council taking action. A transfer of appropriations (Item #1 above) is needed to adjust the FY 2009-2010 budget for the following reasons: • A Transfer of $50,000 will be needed from the General Fund Contingency to Administration Department, Materials & Services in the same fund, to provide appropriations for a study of current downtown core parking issues, recommendations to resolve issues and future parking needs. This will be a charge against the $121,000 currently set aside in the fund for parking studies and improvements. • A Transfer of $20,000 will be needed from the Street Fund contingency to Public Works Department, Street Operations, and Capital Outlay to purchase and install poles to display banners over Main Street. This will eliminate the need to anchor banners to buildings on each side of the street and provide better access for installation and removal of banners. • A Transfer of $50,000 from Water Fund, Public Works, Water Distribution Division, Capital Outlay to Water Fund, Public Works, Water Treatment Division, Capital Outlay to fund the completion of a water plant process improvement project installing four flocculators. Page 1 oft t`, CITY OF ASHLAND • A Transfer of $12,000 will be needed from the Central Services Fund Contingency to Administration Department, Materials & Services in the same fund, to provide appropriations for unanticipated professional services. This is the first transfer of appropriations request for FY 2009-2010. Attached is a resolution for your approval. The recommended changes in the budget are explained after each request and in the accompanying departmental memoranda. Related City Policies: None. Council Options: Council may accept this transfer of appropriations as presented, recommend modifications as discussed or defer acceptance (takes no action) awaiting further information or clarification. Potential Motions: Council moves to adopt the transfer of appropriations resolution, amending the FY 2009-2010 budget. Attachments: Resolution transferring appropriations within the 2009-2010 Budget Memo from Administrative Services requesting transfer for parking study Memo from Administration requesting transfer for banner poles Memo from Public Works requesting transfer for water treatment project Memo from Administration requesting transfer for professional services Page 2 of 2 W`, RESOLUTION NO. 2009- A RESOLUTION TRANSFERRING APPROPRIATIONS WITHIN THE 2009-2010 BUDGET THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Because of the circumstances stated below, the Mayor and City Council of the City of Ashland determine that it is necessary to transfer appropriations as follows: General Fund To: Administration Department - Material & Service $50,000 From: Contingency $50,000 To Transfer appropriations from Contingency to Administration, Material & Services to fund a parking study of the downtown core. This is a reduction to the money set aside from parking ticket revenue for studies and improvements. Street Fund To: Public Works, Street Operations - Material & Service $20,000 From: Contingency $20,000 To Transfer appropriations from Contingency to Street Operations to purchase and install poles on Main Street for displaying banners, removing the need to attach such banners to private property Water Fund To: Public Works, Water Treatment - Capital Outlay $50,000 From: Public Works, Water Distribution - Capital Outlay $50,000 To Transfer appropriations from the Water Distribution Division to the Water Treatment Division to pay for a capital project held over from the prior year. Central Services Fund To: Administration Department - Material & Service $12,000 From: Contingency $12,000 To Transfer appropriations from Contingency to Administration, Material & Services to fund unanticipated professional services in FY 2010. Total To: Department Appropriations 132 000 Total From: Department Appropriations 50 000 Contingency 82 000 I SECTION 2. This resolution was duly PASSED and ADOPTED this day of October, 2009 and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this - day of October, 2009: John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney CITY OF ASHLAND Memo DATE: October 9, 2009 TO: Martha Bennett, City Administrator FROM: Lee Tuneberg, Administrative Services/Finance Director DEPT: Administrative Services RE: Transfer of Appropriations Request - Parking Study This memorandum is to request $50,000 be transferred from the General Fund Contingency to the Administration Department 110.01.02.00.606100 for Fiscal Year to conduct a study on the City's core parking area to: 1. Identify problems, 2. Recommend solutions, 3. Analyze future parking needs. Problems with parking in the downtown and adjacent areas are well known and documented. Enforcement of parking regulations has proven to be problematic in that alternatives to the status quo have not been identified, the impact of changes have not been determined and future parking needs have not been explored. The General Fund sets aside monies for such studies, improvements and payments toward debt service for changes in core parking as identified in AMC 11.28.120. As of June 30, 2009, the City self-imposed restricted total for this purpose was $121,017. Because of recent issues about parking and the need for change, staff has issued a Request for Proposals to evaluate items 1 - 3 above. Staff is in the process of reviewing eight proposals. This study was not specifically identified as the FY 2009-2010 budget was proposed in April but the need for information has caused staff to propose gather information through the study to aid in budget preparation for the next two fiscal years. The study would likely go on through next summer to ensure parking issues during those months are adequately considered. Since this study was not identified in the budget a $50,000 transfer from the General Fund's$400,000 Contingency is requested. L. TuSTRATNE SERVICES DEPARTMENT D. L D. L. Tuneberg, Director Tel: 541-088-5300 20 East Main Street Fax: 541-552-2059 Ashland, Oregon 97520 TTY: 800-735-2900 w .ashland.or.us CITY OF ASHLAND Memo DATE: October 13, 2009 TO: Lee Tuneberg, Administrative Services Director CC: Mike Faught, Public Works Director FROM: Adam Hanks, Administration Project Manager RE: Transfer of Appropriations Request - Street Fund Request Transfer $20,000 of the existing $88,000 from Street Fund contingency to Capital Outlay in the Street Operations Budget. Proposed Use Installation of two independent 30 foot Sternberg style poles on East Main Street between First and Second Streets to replace existing cable system between buildings (Elks Building and Columbia Building). The poles would be located either on the outer edge of the sidewalk or between parking spaces in the on- street parallel parking. Exact placement will be determined by footing/foundation design, existing utilities within the project area and traffic safety review by Public Works/Engineering Staff. Backttround The City of Ashland has for years provided a service to the community for the placement of a banner across the traffic lanes of East Main Street to display information regarding upcoming community events. This past year, the cable system supporting the banner detached from the side of the Elks Building requiring a temporary re-installation for the summer season. In the process of reviewing permanent solutions for the banner support, it was discovered that there were no formal agreements or easements for the use of the buildings as support components. Any re- installation would require specific engineering for a permanent re-attachment to the structures, along with agreement and easement from the building owners. Project Benefits The use of poles rather than the cables to buildings connection results in a more efficient, cost effective and safe installation and removal process with the use of vertical pulleys on the poles rather than horizontal pulleys at the elevated banner height. This eliminates the need for the cherry picker for installation. Clty of Ashland ADMINISTRATION DEPT Tel: 541-552-2048 20 East Main St Fax: 541488.5311 Ashland, Oregon 97520 TTY: 800-735-2900 x .ashland.or.us adarn ashland.ocus CITY OF ASHLAND Memo DATE: October 13, 2009 TO: Lee Tuneberg, Administrative Services Director FROM: Michael R. Faught, Public Works Director RE: Transfer of Appropriations Request The Public Works Department is requesting a transfer of $50,000 from the Water Distribution budget (Internal Projects line item 670.08.18.00.704100) to the Water Treatment Plant budget (Capital Project line item 670.08.19.00.704200) in order to complete a water plant process improvement project (installation of 4 flocculators). The total cost of the flocculator project is $200,000 of which 75% of the project is funded with Water System Development Funds. While staff is recommending a transfer of funds from the Water Distribution budget to the Water Treatment Plant budget ($50,000) there are sufficient funds available in the Water SDC Improvement budget to cover the balance of the project. Background At the November 20, 2007 Council Meeting, the Council awarded the construction of the Water Treatment Plant Process Improvement project for $969,322 to Triad Mechanical, Inc. This project included a Sodium Hypochlorite Conversion, the installation of a new 30" waste line, a new sump pump, 30" waste pond crossing, new 24" magmeter and 24" transit time meter, 10" steel chemical feed line conduit, overflow weir and collection box, 10" overflow line and a new soda ash feed system. The Brown and Caldwell Technical Memo #1 dated January 12, 2007 recommends an additional process improvement project (installation of flocculators) be constructed at the plant to improve process control, water quality and filter productivity. Flocculation is an important process control as it gathers small contaminant particles into a larger particle for efficient removal at the filter. To that end, the 2008-09 Water Treatment Plant budget included $200,000 to construct new flocuulators. While staff anticipated that this project would be completed by June 30, 2009, that did not occur. Therefore, no funds were allocated for the flocculator project in the adopted 2009-10 budget. This project continues to be a high priority project and as such staff is recommending that other water projects (radio read water meters) be deferred to next year in order to complete the flocculator project. cc: Terry Ellis, Public Works Superintendent Terry Oldfield, Water Distribution Supervisor Daryl McVey, Water Treatment Plant Supervisor Pieter Smeenk, Associate Engineer Pub CityofAshiand Public ic Works Department Tel: 541-552-2411 20 East Main St Fax: 54148&6006 Ashland, Oregon 97520 TTY: 800-7352900 w .ashland.or.us faughrm@ashland.onus CITY OF -ASHLAND Memo TO: Lee Tuneberg, Administrative Services Director FROM: Martha J. Bennett, City Administrator DATE: October 12, 2009 RE: Transfer of Appropriations for Mayor and Council Budget I request a transfer of $12,000 from Central Services contingency to the budget for the Mayor and Council for FY 2010. We have had over $7,200 in unanticipated professional services expenses to support Mayor and Council, and these funds were not included in the Budget. I expect to incur about $5,000 in additional professional services expenses before the end of the year. As you know, in the past couple of years, we have reduced the Mayor and Council budget to cover health insurance for Mayor and Council, to reflect $1,000 per person in travel and training expenses, to pay the general membership dues for the City for several organizations, and to cover sister city expenses. There are no funds available if the Council needs to undertake a special project, which occurred in September and October of this year. Please let me know if you have any questions. C. Ann Seltzer, Management Analyst Diana Shiplet, Executive Secretary ADMINISTRATION Tex: 54IA88-6002 20 East Main Street Fax: 547-08&5311 Ashland, Oregon 97520 TTY: 800-7352900 w .ashland.or.us CITY OF -ASHLAND Council Communication Approval of a Special Procurement - Quality Systems Integration (Specialized and highly technical computer programming services for WWTP) Meeting Date: October 20, 2009 Primary Staff Contact: Michael Faught Department: Public Works - WWTP E-Mail: faughtm a ashland.or.us Secondary Dept.: Purchasing Secondary Contact: David Gies Approval: Martha Berne Estimated Time: Consent Agenda C/ 11 J Question: Will the Council, acting as the Local Contract Review Board, approve a Contract-specific Special Procurement requesting approval to directly award a contract for Personal Services - specialized and highly technical computer programming, troubleshooting and repair services - to Quality Systems Integration? Staff Recommendation: Staff recommends that the Contract-specific Special Procurement for highly technical computer programming services be directly awarded to Quality Systems Integration and be approved for a term of three fiscal years expiring on June 30, 2012. Background: A Special Procurement is a contracting procedure that differs from the procedures required for an Intermediate Procurement (3-written quotes), Invitation to Bid, Request for Proposal, Sole Source or Emergency. The proposed procedure being recommended is direct award per the attached Request for a Special Procurement. For more information, please see the attached Request for a Special Procurement. Related City Policies: The related rules of procedures are included in the attached Request for a Special Procurement. Council Options: The Council, acting as the Local Contract Review Board, can approve the Special Procurement or decline to approve the Special Procurement. Potential Motions: The Council, acting as the Local Contract Review Board, moves to approve the request for a Special Procurement. Attachments: Request for a Special Procurement Written Findings Page 1 of 1 ~r, CITY OF ASHLAND REQUEST FOR APPROVAL SPECIAL PROCUREMENT To: City Council, Local Contract Review Board From: Michael Faught, Public Works Director David Gies, Waste Water Treatment Plant Supervisor Date: October 9, 2009 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS27913.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Public Works Department, Waste Water Treatment Plant 2. Department Contact Name: Michael Faught and David Gies 3. Type of Request: Class Special Procurement X Contract-specific Special Procurement 4. Time Period Requested: From Upon approval To: 06/30/2012 5. Total Estimated Cost: FY 2010 -Not to exceed $10.000.00 (Hourly rate $90.00) Note: If all factors remain the same, an individual contract will be processed for each of the three fiscal years. 6. Supplies and/or Services or class of Supplies and/or Services to be acquired The Personal Services - specialized and highly technical computer programming, troubleshooting and repair services - are to be provided by Quality Systems Integration. These services are required to support the SCADA (Supervisory Control and Data Acquisition) system which is a very unique and complicated system that controls most of the Waste Water Treatment Plant. The intended services will be utilized for recurring, emergency and/or on an as needed basis to support the SCADA system 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may, but is not required to, also include the following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Direct Award Form #9 - Special Procurement - Request for Approval, Page 1 of 4,10/13/2009 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. Quality Systems Integration has been working on the City's W W"IP SCADA system for many years and has extensive knowledge and experience with how this unique and sensitive system works. For example, the QSI programmer wrote a program to set up the W WTP pumps on "flow pace" instead of "constant speed" so when the flow increases, the system adds more chemical and when the flow decreases, the system adds less chemical vs. having "constant speed" which adds chemical continuously. Another reason that supports the need for this level of service is if the SCADA system were to go off-line.. Going off-line could mean the plant will not run, pumps might not go on and off, excessive water could run into the creek, or another issue and/or problem could occur. Any one of these issues and/or problems could cause the plant not to meet the permit limits and therefore could result in costly fines to the City. Therefore, it is imperative that a potential issue and/or problem receive immediate attention and be resolved in a manner that will keep the W WTP operating in a manner that meets and/or exceeds the requirements of any and all associated permits. The additional cost and labor associated with locating and/or training another potential individual and/or firm could be costly with no guarantee that the services to be provided would meet and/or exceed the current level of services being provided by QSI. Staff highly recommends continuing to contract with Quality Systems Integration because of their extensive knowledge of the system and their proven ability and capabilities to immediately respond to the needs of the W WTP. 9. Findings to Satisfy the Required Standards: This proposed special procurement: X (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: QSI has extensive knowledge of this unique and complicated system that runs most of the W WTP and has the capabilities to respond immediately to the needs of the W WTP. And, the staff at the W WTP is not aware of any other individual and/or firm that have the extensive knowledge, highly technical skills and capabilities to respond immediately to the needs of the W WTP. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and X (b)(i) will result in substantial cost savings to the contracting agency or to the public because: The additional cost and labor associated with locating and/or training another potential individual and/or firm to provide these services could be costly with no guarantee that the services to be provided would meet and/or exceed the current level of services being provided by QSI. (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or X (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 27913.055, 279B.060, 279B.065, or 27913.070, or any rules adopted thereunder because: Form #9 - Special Procurement - Request for Approval, Page 2 of 4,10/13/2009 Quality Systems Integration has extensive knowledge and experience working with the complicated and sensitive system that runs most of the W WTP. Therefore, the cost and labor associated with locating and training another contractor, with no guarantee that the level of service would meet and exceed the current levels of services being provided by QSI, would not be in the City's best interest. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement. The Contracting Agency shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. Date Public Notice first appeared on www.ashland.or.us - (October 21. 20091 * * * PENDING APPROVAL OF CITY COUNCIL ON OCTOBER 30. 2009*** PUBLIC NOTICE Approval of a Special Procurement First date of publication: October 21. 2009 A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on October 20. 2009. The Contract-specific Special Procurement was processed to request approval to directly award a contract to Quality Systems Integration for a term of three fiscal years expiring on June 30, 2012. The Personal Services - specialized and highly technical computer programming, troubleshooting and repair services - to be provided by Quality Systems Integration are required to support the SCADA (Supervisory Control and Data Acquisition) system which is a very unique and complicated system that controls most of the Waste Water Treatment Plant. The intended services will be utilized for recurring, emergency and/or on an as needed basis to support the SCADA system. It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 27913.055, 279B.060, 279B.065, or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 279B.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, Kan Olson, Purchasing, 90 N. Mountain Avenue, Ashland, OR 97520. The seven (7) day protest period will expire at 5:00pm on October 28, 2009. This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form #9 - Special Procurement- Request for Approval, Page 3 of 4,10/13/2009 Authority to enter into a Special Procurement: AMC 2.50.0 70 Procedures for Competitive Bids All Public Contracts shall be based upon Competitive Bidding pursuant to ORS 279A - 279C and the Attorney General Model Rules, OAR Chapter 137 Divisions 46 - 49, exceptfor the following: G. Special procurements as set forth ORS 2798.085 and herein. ORS 279B.085 Special procurements. (1) As used in this section and ORS 2798.400: (a) 'Class special procurement" memo a contracting procedure that differs from the procedures described in ORS 279B. 055, 2798.060, 279B.065 and 2798.070 and is for the purpose of entering into a series of contracts over tune for the acquisition of a specified class ojgoods or services. (h) "Contract-specific special procurement"means a contracting procedure that differs from the procedures described in ORS 279B. 055, 279B. 060, 1798.065 and 279B.070 and is for the purpose of entering into a single contract or a number of related contracts for the acquisition of specified goods or services on a one-time basis or for a single project. (c) "Special procurement " means, unless the context requires otherwise, a class special procurement, a contract-specific special procurement or both. (2) Except as provided in subsection (3) of this section, to seek approval ofa special procurement, a contracting agency shall submit a written request to the Director of the Oregon Department of Administrative Services or the local contract review board, as applicable, that describes the proposed contracting procedure, the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use oja special procurement under the standards set forth in subsection (4) of this section. (3) When the contracting agency is the ofice of the Secretary ojStale or the office of the State Treasurer, to seek approval oja special procurement, the contracting agency shall submit a written request to the Secretary ojStnte or the State Treasurer, as applicable, that describes the proposed contracting procedure, the goods or services or the class ojgoods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth in subsection (4) of this section. (4) The director, a local contract review board, the Secretary of State or the State Treasurer may approve a special procurement if the director, board. Secretary of State or State Treasurer finds that a written request submitted under subsection (2) or (3) of this section demonstrates that the use ofa special procurement as described in the request, or an alterative procedure prescribed by the director, board. Secretary of State or Slate Treasurer, will: (a) Be unlikely to encourage favoritism in the awarding otrpublic contracts or to substantially diminish compelition for public contracts; and (b)(A) Result in substantial cost savings to the contracting agency or to the public; or (B) Otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with requirements that are applicable under ORS 279B. 055, 279B. 060, 279B. 065 or 279B. 070 or under any rules adopted thereunder. (5) Public notice of the approval oja proposed special procurement must be given in the same namner as provided in ORS 279B. 055 (4). (6) If a contract is awarded through a special procurement, the contracting agency shall award the contract to the offeror whose offer the contracting agency determines in writing to be the most advantageous to the contracting agency. (7) When the director, a local contract review board, the Secretary of State or the Sate Treasurer approves a class special procurement under this section, the contracting agency may award contracts to acquire goods or services within the class ofgoods or services in accordance with the terms of the approval without making a subsequent request for a special procurement. [1003 c. 794 §57; 1005 a 103 §8d] OAR 137-047-0285 Special Procurements (I) Generally. A Contracting Agency may Award a Contract as a Special Procurement pursuant to the requirements of ORS 279B.085. (1) Public Notice. A Contracting Agency shall give public notice of the Contract Review Authority's approval ofa Special Procurement in the same manner as public notice of competitive sealed Bids under ORS 179B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement. The Contracting Agency shall give such public notice ofthe approval of a Special Procurement at least seven (7) Days before Award oft he Contract. (3) Protest. An Affected Person may, protest the request jor approval oja Special Procurement in accordance with ORS 279B. 400 and OAR 137-047-0700. Form 99 - Special Procurement - Request for Approval, Page 4 of 4,10/13/2009 Memo DATE: October 7, 2009 TO: Terry Ellis, Public Works Superintendent FROM: David Gies, Wastewater Systems Supervisor RE: Written findings- Quality Systems Integration (QSI) Background: The City of Ashland's wastewater treatment plant is largely operated in automatic mode. Our SCADA (Supervisory Control and Data Acuquistion) system controls most of the plant. This is a very unique and complicated type of system. Quality Systems Integration has been working on Ashland's SCADA system for many years and is very familiar with the system and how it works. It is in the City of Ashland best interest to work with one company. To bring in multiply companies would not be economically feasible. Time would be required to learn the system, thus costing the city money. Procurement Procedures: Since Quality Systems Integration has been working on the City of Ashland's SCADA system for many years, we request to utilize it as a special procurement. Under Ashland Municipal Code (AMC) 2.50.070 Procedure for Competitive Bids, item (J) (2) Contracts for maintenance of computer hardware and software, we request to use Quality Systems Integration. Attached you will find the letter from Quality Systems Integration stating the cost of their service. Quality Systems Integration will honor this price for our current budget year, 2009-10. Since the cost of the product fell under the intermediate procurement guidelines ($5,000.00 and $74,999.00), the following recommendation is made: It is recommended that we utilize Quality Systems Integration to work on the City of Ashland's SCADA system. This request is for a blanket purchase order to cover the entire budget year 2009-10. Funds were budgeted in WW Treatment under Professional Services. Thank you David Gies Wastewater Systems Supervisor CITY OF -ASHLAND Council Communication Right of Way.Encroachment Guidelines Meeting Date: October 20, 2009 Primary Staff Contact: Mike Faught Department: Public Works E-Mail: faughtm@ashland.or.us Secondary Dept.: Legal Secondary Contact: Richard Appicello Approval: Martha Bennett Estimated Time: 30 minutes Question: Should the Council approve "A Resolution Adopting Right-of-Way Encroachment Guidelines, Standard Forms, Minimum Standards for Functional Items, and the Downtown Sidewalk Usage Map"(Hereafter referred to as "ROW Guidelines)? Staff Recommendation: Staff recommends Council approval of the above titled resolution. Background: In 2008, the Downtown Task Force recommended to the City Council that it address concerns for more equitable allowance for use of the public right of way for private commercial use and better control over the placement and maintenance of miscellaneous publication racks and news-racks within the downtown area. In an effort to address the Downtown Task Force recommendations, staff presented proposed revisions to Chapter 13 to the City Council at both study sessions and City Council meeting. At their July 2l, 2009 City Council Meeting, the Council adopted Ordinance 2990 "An Ordinance Amending AMC Chapter 13 Adding Uniform Sidewalk Regulations and Repealing AMC 6.44", and Ordinance No. 2989 "An Ordinance Amending AMC Chapter 13 To Establish Standard Forms For Right-of-Way Regulation and Providing For Donation or Loan of Function Items". - Both Ordinances include language that delays the effective date to November 1, 2009 in order to allow time for the City Council to adopt standard forms and implementing documents. To that end, Public Works staff has developed corresponding ROW Guidelines as required by Ordinance No. 2989 and 2990. In addition to those items discussed by the Council for sidewalks, the new ROW Guidelines include standards for on street bike racks. While the new ROW Guidelines are comprehensive they have not been field tested. As a result, staff does anticipate that the new ROW Guidelines will have to be amended in the future in order to adapt to the challenges or problems as staff administers the new rules. A summary of the new ROW Guidelines are as follows: Right of Way Encroachment Guidelines The Guidelines provide a summary of the information needed to implement the adopted ordinances (no 2989 and 2990). It will function as the basis for determining what types and sizes of objects are placed in our sidewalk areas (benches, bollards, trash receptacles, sidewalk dinning, news paper racks, etc). The guideline also includes standards for each type of object and whether or not a permit and fee is Page] of 2 CITY OF ASHLAND required for the ultimate placement of the object. Additionally, the guideline provides details about maintenance and legal responsibility of the object. It is not an all inclusive document at this point, and revisions will need to be made to the document to include additional functional items if they are requested (e.g. way faring signage). Standard Specification and Details There are existing standards for many types of functional objects currently in the sidewalk areas downtown, including trash receptacles, benches, bike racks, street lights, etc. As noted in the intent statement, the standards focus on the safety durability placement and usability of the objects for the users of the spaces. In some situations, decisions may need to be made as to the degree of consistency of appearance of public objects. Some objects are appropriate to limit to one particular standard for maintenance reasons (e.g. publicly maintained benches or tree grates). Where variety of visual appearance is preferred, performance standards are appropriate to ensure the minimum levels of safety and function, while allowing variation in the appearance of each object. Downtown Sidewalk Usage Map A final version of this map is included as an appendix to the ROW Guidelines. A draft of this map and description of its intended use was provided at earlier Council meetings. Since then, the map has been updated and now includes 6 foot clearance zones for sidewalks less than 11 feet wide, and 8 foot wide clearance zones for locations where the total sidewalk width is greater than 11 feet. The intent of the map is to identify available downtown areas in excess of the minimum pedestrian clearance requirements and also provide an accurate inventory of the placement of the various functional objects located in the downtown area. This map will allow the Public Works Director to proactively target and specify locations where certain types of functional objects can be placed and meet the needed safety and clearance standards. If a request from a business or property owner is made to place an additional item in the sidewalk, the Public Works Director can use the map and other code sections to determine if the placement is appropriate and legal. Related City Policies: Ashland City Charter Article X Council Options: 1) The City Council could approve the Resolution 2) The City Council could decide to modify the ROW Guidelines. Potential Motions: 1) Move to approve the resolution. 2) Move to Modify ( ) the ROW Guidelines. Attachments: • Resolution • The Ashland Right of Way Encroachment Guidelines • The Downtown Sidewalk Usage Map (DSUM) Page 2 of 2 RESOLUTION NO. 2009- A RESOLUTION ADOPTING RIGHT-OF-WAY ENCROACHMENT GUIDELINES, STANDARD FORMS, MINIMUM STANDARDS FOR FUNCTIONAL ITEMS, AND THE DOWNTOWN SIDEWALK USAGE MAP. WHEREAS, On July 21, 2009, the Ashland City Council adopted Ordinance #2989 "An Ordinance Amending AMC Chapter 13 To Establish Standard Forms For Right-of-Way Regulation and Providing For Donation or Loan of Functional Items", and WHEREAS, On July 21, 2009 the Ashland City Council adopted Ordinance #2990 "An Ordinance Amending AMC Chapter 13 Adding Uniform Sidewalk Regulations and Repealing AMC 6.44", and WHEREAS, In order to allow time to adopt standard forms and implementing documents the ordinance becomes effective November 1, 2009, and WHEREAS, the Ordinance requires that standard forms, identifying and establishing Minimum Standards for Functional Items, and a Downtown Sidewalk Usage Map (DSUM) be established by Resolution, THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The Right-of-Way Encroachment Guidelines, which includes standard forms and identifies and establishes Minimum Standards for Functional items and the DSUM, marked "Exhibit A" and attached to this Resolution, is adopted. SECTION 2. Pursuant to AMC Chapter 13:03, the City Council ratifies the City Administrator's Order concerning the timing of submission of publication box applications, specifically: Publication box applications under interim regulations in AMC 13.03 may be submitted to the City between October 21, 2009 and December 1, 2009. All applications must be received and deemed complete by December 1, 2009. Between December 1, 2009 and December 15, 2010, the City will, by lottery in accordance with AMC 13.03, assign spaces on the Downtown Sidewalk Usage Map. All boxes shall be moved into assigned spaces or to the Publication (NO FEE) zone by January1, 2010. Fees for occupancy of spaces will commence on January 1, 2010. SECTION 3. This Resolution shall be effective November 3, 2009. SECTION 6. This resolution was duly PASSED and ADOPTED this day of , 2009, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder Page 1 of 2 SIGNED and APPROVED this day of October, 2009. John Stromberg, Mayor Reviewed as to form: Richard Appicello, Assistant City Attorney Page 2 of 2 iS N= N iii Right-of-Way Encroachment Guidelines CITY OF -ASHLAND Right-of-Way Encroachment Guidelines Table of Contents 1. Tntroduction and Purpose Ti. Process Flowchart M. Abbreviations and Definitions TV. General Guidelines for all Encroachments A. Design Guidelines for all Encroachments B. Placement, Clearance, and Spacing Standards C. Materials and Construction Standards D. Maintenance and Safety Standards E. Procedures for Abatement / Removal F. Penalties V. Functional Item-Specific Guidelines A. Sidewalk Cafes B. Bicycle Racks C. Receptacles D. Planters E. Benches F. Publication Racks G. Bollards H. Bus Shelters VI. Appendices A. Standard Specifications & Details B. Permit Application Pack C. Ordinances 2989 and 2990 D. Downtown Sidewalk Useage Map (DSUM) cl Right-of-Way Encroachment Guidelines L Introduction In 2008 the Ashland Downtown Task Force made several important recommendations to the City Council concerning the use of City sidewalks for commercial and other purposes. As a result. Ashland Municipal Code (AMC) 13.06 was repealed and Chapter 13.03: Sidewalk Cafe, Special Event and Publication Box Regulation (Effective 11/1/09) was adopted. This ordinance protects and promotes a safe environment on public sidewalks (public right-of- way) within the C-1-D, C-1 and E-1 Zoning Districts. Placement of objects on sidewalks is considered an encroachment in the public right of way and, as such, requires adequate regulation to guarantee uninhibited pedestrian access on sidewalk, sufficient access for passengers entering and exiting parked vehicles, maintenance of utilities, and emergency service access. Standard form templates and fees (application, square feet or gross sales rates) including insurance and maintenance/hold harmless/indemnity agreements as well as the "Downtown Sidewalk Usage Map" (DSUM) were adopted by City Council Resolution on October 20th, 2009. Purpose The purpose of this document is to prescribe the place and manner for requirements for the placement of encroachments upon any public right-of-way within the City of Ashland. These requirements are set forth to protect and promote the public health, safety, and welfare of citizens of the City. This is accomplished by eliminating potential hazards to motorists and pedestrians using the public streets, sidewalks, and rights-of-way. Property values are safeguarded and enhanced by consistent application of design standards. Goals and Objectives of an Encroachment Policy • To ensure the public continues to have aesthetically pleasing views and safe areas to walk and drive. • To protect and preserve the sidewalks, streets and open space. • To increase community awareness regarding encroachments and open space use. • To promote a consistent policy of reducing and minimizing encroachments into the public right-of-way. • To establish a uniform application process and solution for all encroachment in the public right-of-way. All of the items listed in this document, (e.g. benches, newspaper racks, sidewalk cafes, planters, way-finding features/facilities, etc.) that are not owned or donated to the City, require a permit that can be obtained from the City of Ashland Public Works Department (PW). For information regarding the permit process, please contact the PW staff, (541)488-5347. The basic permit process is shown in the flow chart that follows: G:\4)ub-wrks\eng\09-25 ROW Encroachment Ord\B_Eng\2009-10-14\ROW Guidelines.doc Page 2 of 44 Right-of-Way Encroachment Guidelines IL Process Flowchart for Functional Items Individual contact City to determine steps needed to place object in ROW'&, 541-488-5347 Is object a loan or donation? Loan Donation Non-Standard Individual submits Specification Ilan completed permit application Standard Specification Item sip Process Art or application Public Works Sign? OII Engineering processes City Administrator Planning the application reviews Ad Ilan goes before Public The application is Arts Commission for reviewed against the Administrator ROW Encroachment Approval Ordinance Guidelines Yes No PA Ifapplicalionisapproved anoro val? NO Public Works Engineering Individual End Issues a Permit receives receipt yes End for tax Applicant provides Lain or LM necessary insumnce forms Donation? 10 to City and agrees to Item is placed in mai ntain encroachment for appropriate a period of I year section of Right of Way. City maintains item Item is placed in continuously (exception appropriate section of Right of Way planters) Yes Public Works Engineering enforces the Permit for a period of I year Resubmit No following year? Remove Ilan G:lpub-ATksle4t09-25 ROW Entrenchment Ord113 _Engt2009-10-141ROW Guidelines.doc Page 3 of 44 Right-of-Way Encroachment Guidelines III. Abbreviations and Definitions Abutting Property Owner: Any owner or occupant of property which abuts the subject adjacent sidewalk permit area. Adjacent sidewalk area: That portion of the public sidewalk between the curb line and the property line demarcated by extending the side building lines of the premises until they intersect the curb. Bench: A bench is an object placed to provide opportunity for sitting. A bench has a seat and may have an armrest and a back. Chair: A chair is a movable piece of furniture consisting of a seat, legs, back, and sometimes armrests, for use by one person. Plastic Chairs are not permitted as encroachments in the Right of Way. City owned functional items: Functional items identified by Resolution of the City Council to be allowed to encroach in the Public Right of way. The purpose of this guideline is to identify specific functional items and establish minimum standards for such items. City-owned items do not require a permit. See below for definition of "Functional Items". Donated or Loaned Functional Items: An abutting property owner together with the occupant may donate or loan to the City of Ashland a City standard functional item for use in an adjacent sidewalk permit area. Other persons or entities may also donate or loan functional items for use in non adjacent public areas. Items accepted on loan require insurance and a maintenance/hold harmless/indemnity agreement in the standard approved form. Donated items do not require insurance or a maintenance agreement, but the donations must be accepted by the City to be eligible for placement. Sidewalk cafe tables and chairs do not qualify for this program. The City Administrator is the delegated authority to accept or reject donations and loans for Public Art purposes. After demonstrated compliance with this section, the City Public Works Director may authorize in writing the placement of a donated or loaned city standard functional item in locations meeting the a minimum the six foot or eight foot clearance requirement of AMC 10. or in approved locations shown on an adopted Downtown Sidewalk Usage Map. Items not strictly complying with minimum standards for such City functional items, (e.g. a decorative art bench or commercially integrated sip/bench) may be permitted through the public art process in AMC Chapter 2.17 or AMC Chapter 18.96 (Sign Regulations). An accepted donated item can be placed without a permit and without required insurance. Downtown Sidewalk Usage Map: (DSUM) A detailed map of the Ashland Downtown District adopted by Resolution of the Ashland City Council. The DSUM graphically demonstrates the sidewalk areas available for occupancy or encroachment under Ordinance 2989 and 2990. Temporary Encroachment: An encroachment is any structure, building, fixture, sign, or other object belonging to any person which has been constructed, installed, or placed on any public street, public sidewalk, or public right-of-way, other than encroachments which will remain in GApub-wrks\eng109-25 ROW Encroachment Ord\B_Eng12009-10-141ROW Guidehnes.doc Page 4 of 44 Right-of-Way Encroachment Guidelines place for a temporary period of time not in excess of thirty (30) days that have been approved by the City in connection with an event for which the City has issued a permit. Functional items: Outdoor fumishings that include, but are not limited to, benches, water fountains, planter boxes, garbage receptacles, ash cans, bike racks, bollards, publication boxes, way-finding features/facilities, and other miscellaneous outdoor items identified by the City. They are often called "Site Furnishings" in standard specifications. Historically Significant Item: (e.g. Haskins Pump on 4'h St) Construction in the Right of Way that has been in its current location for more than 40 years and/or is identified in the City's Historic Inventory. Historically Significant Items may not be modified or altered without review and approval by the Ashland Historic Commission and Public Works Department. Multiple unit news racks (MUNR): A multiple unit news rack is a structure designed to hold newspapers and publications and to facilitate the sale or distribution of for fee or free publications. Sidewalk Cafe. An outdoor extension of an existing premise licensed as a restaurant used for serving food or beverages from a restaurant to patrons seated at tables located within the adjacent sidewalk area, including, in the case of a Permittee in possession ofa valid license for the sale of alcohol beverages covering such sidewalk, the service of such beverages, or providing seating for patrons in the adjacent sidewalk area Sidewalk Permit Area: That area of a City public sidewalk being lawfully utilized by a person or entity pursuant to a permit or agreement with the City of Ashland for the limited purposes set forth in these Guidelines. Lawful use for purposes of this Guideline means compliance with all applicable Federal State and local laws and regulations including but not limited to full payment of fees, rates, and charges, if any. Temporary: As used here, temporary defines an object that can be placed in the right-of-way that is not a permanent fixture and can be removed at any time. Temporary sidewalk planter. An object suitable for growing plant material that can be placed in the right-of-way that is not a permanent fixture and can be removed at any time. Permit holders are responsible for maintenance of plantings. Sidewalk cafe: An outdoor extension of an existing premise licensed as a restaurant. Litter receptacle: A container placed in the public right-of-way for trash collection or Recycling. Historic structure: As used in regulations pursuant to the Tax Reform Act of 1986, a historic structure is any building listed individually in the National Register of Historic Places, or a building located in a registered historic district and certified by the Secretary of the Interior as being of historic significance to the district. G:\pub-wrks\eng\09-25 ROW Encroachment Ord\B_Eng\2009-10-14\ROW Guidelines.doc Page 5 of 44 Right-of- Way Encroachment Guidelines IV General Guidelines for all Encroachments A. Design Guidelines The following information has been assembled to aid in locating and choosing Functional Items in the public and private-public areas that lie between the street curb and either the front face of buildings or the from property line of abutting parcels, which ever i4 closer to the curb. The Ashland Street Standards and the Site Design and Use Standards publications provide guidance in laying out whole streets, blocks, corridors, and districts. Specific information about street trees and street lighting is provided. Functional Items should be considered secondary to street lights, utility poles, street trees, and tree grating. Street tree and lighting placement define the major rhythm of design elements along the street, and functional items should be placed in relation to the trees and lighting, after the best locations for these objects have been located. Additional guidance for furnishing layout at transit stops is available from RVTD. All functional items must be accessible per ADA guidelines and City regulations, including the 2002 Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG), as well as 2005 revised access Board Draft Guidelines, and in general the following: 1. Functional items must maintain the minimum 4 foot ADA required clear accessible route, and should leave the minimum through widths described in Section 4 of the ADAAG. 2. Objects mounted on walls or posts with leading edges above the standard sweep of canes (27 inches) and below the standard head room clearance (80 inches) should be limited to a 4 inch maximum protrusion.(e.g. hanging planters) 3. No sidewalk element may interfere with pedestrian access to the entrance of any building; this includes the path of travel and disabled access requirements of ADA and Dtle 24. This includes all paths of travel or exiting. No functional items may be located below a fire escape or over a utility valve or utility box. 4. Wherever possible, functional items should be of a contrasting color to the sidewalk so as to aid pedestrians with visual impairments. 5. Functional items should leave a minimum 8' of clearance adjacent to disabled parking and passenger loading zones. A Placement, Clearance, and Spacing Standards 1. The minimum clearance between permit area boundary and fixture or structure is 8 feet where sidewalk is more than 11 feet wide or 6 feet where sidewalk is less than 11 feet wide. The Public Works Director may require more clearance if necessary for public safety and ADA Access. 2. Except as specified on the DSUM, no object shall be placed within : a) Six feet (6') of outer edge of any roadway b) Two feet (2) from face of curb for publication boxes c) Ten feet (10) of any crosswalk d) Fifteen feet (15') of an intersection (add to ORD. 2990) e) Six feet (6') of any fire hydrant or other emergency facility G:\pub-wrkskng109-25 ROW Encroachment 0rd1B_Eng\2009-10-14\R0W Guidelines.doc Page 6 of 44 Right-of-Way Encroachment Guidelines f) Ten feet (10') of any driveway or alley entrance g) Three feet (3') from bike rack h) The designated footprint of a bus stop. 3. Placement of functional items should consider car overhangs and door swing. When placed near the curb, Functional Items should be located at the edges of the delineated on-street parking stalls rather than at the center wherever possible. C. Materials and Construction Standards Functional Items shall be constructed of durable, high quality materials that can resist the maximum physical forces (design loads) imposed on them without losing functionality or endangering the safety of the public. Evidence of adequate structural strength and conformance with other applicable requirements must be demonstrated before an encroachment permit can be issued. Manufacturers of site furnishings can normally provide specifications for their products that confirm their structural adequacy. Custom designs may require written confirmation by a licensed design professional, upon request by the Public Works Department. Two Standard Colors (Black and Evergreen per Timberform's standard paint palette) are strongly encouraged for the metallic components, except where there is a specialized streetscape pattern or palette with a particular design scheme. 1. All temporary objects or shall be structures weatherproof and sturdy construction (i.e. solid wood, iron, non corrosive metal, cement, or similar material). In addition, the following applies: a) No plastic. b) No object shall be chained bolted to each other or to the surface c) Objects must be movable by one person d) All objects that fall under the category of signs in City Ord. 18.96.040 must meet the requirements of that chapter, regardless of their location (private property vs. public right of way). e) Objects shall be labeled with name/address/phone number of the owner f) Objects must be clean and in good repair g) Objects must maintain a weather proof or weather resistant quality h) Objects shall be self supporting under a wind load of at least 20 pounds/square foot and be structurally stable as defined for structures in the current structural building code. Evidence of the item's structural integrity may be required, and may consist of stamped calculations by an Architect or Engineer licensed in the state of Oregon or other verifiable evidence of the safety of the item's design and construction. i) These requirements for Sidewalk Cafes, functional items and publications boxes apply to items placed in C-1-D, C-1, E-1 zoning designations only. 2. The Property Owner of the adjacent building rrmst consent to placement. (See permit form.) 3. Submit, a Signed Permit and comply with all required conditions of the permit. 4. Furnish and maintain personal injury, property damage and general liability insurance in the amount of $1,000,000 (municipal tort liability under Oregon Tort Claims). List City as additional insured. Insurance cannot be canceled without 30 days written notice. 5. Submit the following information for issuance ofa permit: G:1pub-wrkskng109-25 ROW Encroachment OrdU _Eng\2009-10-141ROW Guidelimes.doc Page 7 of 44 Right-of-Way Encroachment Guidelines 6. Pay appropriate fee based on square footage (50 sq ft minimum) 7. Submit diagram with dimensions and the locations and description of all structures, materials and activities shown as well as any pre-existing nearby obstructions (see example). A Maintenance and Safety Standards - See Appendix A for an Operation and Maintenance Plan example. E. Procedures for Abatement/Removal Permit Conditions • Permit card must be prominently displayed • ROW Encroachment Permits expire December 31n of year permit applied for • Permits are not transferable • Permit can be temporarily suspended for the good of the City upon 48 hour notice; the City assumes no responsibility for loss, but permit costs shall be prorated and refunded • Permits are limited to the area shown on approved site plan • Any functional items not used for 72 hours must be removed • Food service and liquor licenses must be obtained prior to issuance of permit • Permits must comply with City sign regulations • No smoking is allowed in utilized sidewalk area • All required supervision is the responsibility of the Permittee or employees Revocation of Permit Denial, Revocation or Suspension: • Permit is null and void if not paid within 3 working days of due date • Permittee has 30 days to appeal in writing; City Administrator renders final decision Violations: • If functional items or sidewalk cafe furniture is placed without a permit, violators are subject to a Class C Misdemeanor (AMC 1.08) and a one year penalty. • Violations associated with not paying city fees (business license, food and beverage tax transient occupancy tax, etc) is considered a Class A violation. • If cited then permit is revoked and cannot be reinstated for two years. • City can abate serious risks to persons or property. Owner/operator is responsible for any/all costs associated with an abatement. F. Penalties Any violation of this chapter shall be an infraction as defined by AMC 1.08.020.and punishable by a fine as set forth in that section The City Administrator or designee is authorized to issue a citation to any person violating the provisions of this chapter. After two infractions, the sidewalk cafe permit shall be revoked for a period of at least one year. G:\pub-wrks\eng\09-25 ROW Encroachment 0rd\B_Eng\2009-10-14\R0W Guidetines.doc Page 8 of 44 Right-of-Way Encroachment Guidelines .II.Item-Specific Guidelines Wpub-wrWeng\09-25 ROW Encroachment Ord1B_Eng12009-10-14\ROW Guidelines.doc Page 9 of 44 Right-of-Way Encroachment Guidelines Sidewalk Cafes Purpose The purpose of this chapter is to permit sidewalk dining that is compatible with other uses of the public sidewalk. The City finds that sidewalk cafes encourage a pedestrian-oriented environment, help to create a visually attractive atmosphere and streetscape, and promote overall commerce. Background A. Private commercial use of public sidewalks for the purpose of operating a sidewalk cafe in the City is prohibited unless a permit is obtained from the Public Works Department. The annual permit fees shall be established by resolution of the City Council and adjusted annually by the CPI for the previous calendar year. Permits expire December 31st- B. There are no variances or exceptions allowed to this ordinance. C. The maximum occupancy of the outdoor licensed premises shall be determined by the Building Code and shall be posted per the Code. Generally speaking, the Code limits the occupancy to I occupant per 15 square feet. If, for example, the dimensions of an outdoor licensed premise is 30 feet wide and 15 feet deep, the maximum occupancy would be: 30 feet x 15 feet = 450 squarefeet 450 squarefeet / 15 square feet per occupant = 30 occupants D. The Public Works Director shall forward all applications for review by the Fire Marshall, Building Official, Director of Community Development and the City Recorder (if alcohol will be serviced.) The Director shall determine the zoning of the request, and determine whether the proposed use is in conformance with the requirements of the Land Use Ordinance. Requirements In determining the proposed layout for your sidewalk cafe or functional item, consider all existing sidewalk obstructions such as sign and signal poles, bike racks (leave room for the bikes in your measurements), bus zones, fire hydrants, existing sidewalk furniture, street trees, tree wells, phone booths, mail boxes, newspaper racks, etc. The Public Works will review the application for compliance with the following criteria: 1. Sidewalk Cafes can be placed in C-1-D, C-1, E-1 zoning designations only. 2. The Property Owner of the adjacent building must consent to the placement. (See permit form.) 3. The minimum clearance between permit area boundary and fixture or structure is 8 feet where sidewalk is more than 11 feet wide or 6 feet where sidewalk is less than 11 feet wide. Public Works Director may require more clearance if necessary for public safety. 4. Except as specified on the Downtown Sidewalk Usage Map (DSUM), no object shall be placed: a. within 6' of outer edge of any roadway (24" for publication boxes) G1pub-wrks\cng\09-25,_ ROW Encroachment Ord1B_Eng\2009-10-145ROW Guidebms.doc Page 10 of 44 Right-of-Way Encroachment Guidelines b. within 10' of any crosswalk c. within 15' of an intersection d. within 6' of any fire hydrant or other emergency facility e. within 10' of any driveway or alley entrance f. within 3' from bike rack g. within footprint of bus stop 5. Sign the "Release, Hold Harmless and Indemnity Agreement". 6. Furnish and maintain such public liability, food products liability, liquor liability and property damages insurance as will protect Permittee and City from all claims for damage to property or bodily injury, including death, which may arise from operations under the permit or in connection therewith. Such insurance shall provide coverage of not less than the amount of ($1,000,000?) municipal tort liability under the Oregon Tort Claims Act. Such insurance shall be without prejudice to coverage otherwise existing, and shall name the City, its officers and employees, as additional insureds, and shall further provide that the policy shall not terminate or be canceled prior to the expiration of the permit without 30 days written notice to the City. 7. Submit the following information for issuance of a permit: • Complete and sign application form (including sign hold harmless agreement) • Pay appropriate fee based on square footage (50 sq R minimum) • Submit diagram with dimensions and the locations and description of all structures, materials and activities shown (see example). • Submit Certificate of Insurance and Endorsement Form Permit Terms & Conditions (partial summary) • Permit card must be prominently displayed. • ROW Encroachment Permits terminate December 31" of year permit applied for. The Public Works Director may approve, approve with additional conditions, or deny the request for renewal. An annual permit fee based on the square footage is due at the time on renewal. • The permit issued shall be personal to the Permittee only is not transferable in any way. • Permit can be temporarily suspended for the good of the City (use of right-of-way for a public event, construction, repair, or any other purpose) upon 48 hour notice; the City assumes no responsibility for loss, but permit costs shall be prorated and refunded. • Permits is specifically limited to the area approved or as modified by the Public Works Director. And will include a scaled diagram indicating the area approved for the sidewalk cafe and the location of the tables and materials permitted to be in the right of way. • The sidewalk and all things placed there shall at all times be maintained in a clean and orderly condition. Only those things authorized by the permit and shown on the diagram may be stored in the public right- of-way when the sidewalk cafe is not in operation. Should the Permittee not utilize the sidewalk as authorized for a period of 48 hours or more, all the tables and materials shall be removed therefrom. • The operation of a sidewalk caf6 required that trash containers be provided on site. • All required building modifications or parking improvements shall be competed prior to the commencement of the operation of the sidewalk cafe. G:\pub-wrks\eng\09-25 ROW Encroachment 0rd\B_Eng\2009-10-14\R0W Guidehms.doc Page 11 of 44 Right-of-Way Encroachment Guidelines • No signs shall be attached to any furniture, umbrellas, awnings, or other structure related to the operation of the sidewalk cafe. • Tables and chairs shall be weatherproof and sturdy construction (solid wood, iron, non-corrosive metal, cement or similar material - no plastic allowed) • Any functional items not used for 72 hours must be removed • Food service and liquor licenses must be obtained prior to issuance of permit • Permits must comply with City sign regulations • No smoking is allowed in utilized sidewalk area • All required supervision of the sidewalk cafe is the responsibility of the Permittee or employees Maintenance 1. Outdoor premises shall be kept broom clean at all times; planters must be kept clean of debris and dead plant life; painted improvements on public right-of-ways must be kept freshly painted and free from rust. 2. Materials for sidewalk cafes can be left out year round per the discretion of the business owner(s). Materials for the sidewalk cafe must be in compliance with the maintenance section requirements at all times. 3. The owner of the sidewalk cafe is responsible to maintain the property during all seasons, including the removal of snow and ice. 4. To promote security, staff recommends that tables and chairs be taken inside every evening to prevent theft and damage. 2. No object shall be chained bolted to each other or to the surface 3. Objects be movable by one person 4. Objects meet sign code 5. Objects shall be labeled with name/address/phone number of the owner 6. Objects must be clean and in good repair 7. Objects must maintain a weather proof or weather resistant quality 8. Objects shall be self supporting under a wind load of at least 20 pounds/square foot G:\pub-wrks\eng\09-25 ,ROW Encroachment Ord\B_Eng\2009~10-14\ROW Guideliries.doc: Page 12 of 44 Right-of-Way Encroachment Guidelines Bicycle Racks T Purpose Bicycle racks are an important element of the streetscape, both as an aesthetic aspect of the streetscape and as a functional element for those who travel by bike. Bicycle racks are also opportunities for distinctive design and public art objects. Where part of a special maintenance or public art program, uniquely designed, yet functional bicycle racks may be submitted for approval.. Requirements See standard detail CD173. See City Ord. 18.92 for placement of bike racks on private property. Location Bicycle racks should be located according to the following guidelines: 1. Placement and spacing of bicycle racks should consider dimensions when occupied 2. Bicycle rack placement should be frequent in active commercial districts. 3. Racks should be provided near major destinations such as schools, libraries, transit stops, major shopping and service destinations, and other locations with high pedestrian traffic 4. Racks should not be placed a accessibility (blue paint) zones. 5. A rack should not be located closer to the curb than (24") two feet. Three feet from the curb is ideal, although in certain circumstances, the distance may be greater. 6. Bicycle racks should not be located directly in front of a storeibuilding entrance or exit or in a driveway. 7. There must be at least 3 feet of clearance between bicycles parked at racks and any other street furniture, with the exception of other bike racks, which should be placed a minimum of every 3 feet on center. 8. Street utility vaults must have a 12 inch clearance from a bicycle parked at a rack. 9. An aisle for bicycle maneuvering shall be provided and maintained between each row of bicycle parking. Bicycle parking shall be designed in accord with the illustrations used for the implementation of this chapter. 10. Each required bicycle parking space shall be accessible without moving another bicycle. 11. Areas set aside for required bicycle parking shall be clearly marked and reserved for bicycle parking only. 12. Bicycle parking shall be located to minimize the possibility of accidental damage to either bicycles or racks. Where needed, barriers shall be installed. 13. Bicycle parking shall not impede or create a hazard to pedestrians. They shall not be located so as to violate vision clearance standards. Bicycle parking facilities should be harmonious with their environment both in color and design. Facilities should be incorporated whenever possible into building design or street furniture. GApub-wrks\eng109-25 ROW EncroachmentOrd\B_Eng\2009-10-I4\ROW Guidelines.doc Page 13 of 44 Right-of-Way Encroachment Guidelines Planters Purpose The purpose of this section is to provide for consistent application of design guidelines for planters in the public right-of-way. Planters are a desirable element as they can be decorative and can add an element of beauty and identity to individual shops and street comers. For the purpose of these guidelines, temporary planters are distinguished from permanent planters by the function of movability and structure. Background At the time these guidelines were created, temporary planters in the City did not have consistent requirements for structure, weight, or placement. Planters were considered a tripping hazard and were typically not well maintained. Requirements See standard Detail CD175. Required height: Temporary planters will have a height of not less than eighteen inches and not more than 54 inches. Required weight: Temporary planters will have a minimum gross weight of fifty (50) pounds, but once full of material, the weight will not be such that sidewalk damage will occur. Required Placement: Temporary planters may be placed flush against a building. Structure and plant material must allow a six-foot clearance for pedestrians. Required plant materials.- Temporary planters should be well maintained. Required structure: Temporary planters should be able to withstand gusting winds and attempts to kick them over. GApub-wrksleng109-25 ROW Encroachment Ord1B_Eng\2009-10-141ROW Guidelims.doc Page 14 of 44 Right-of-Way Encroachment Guidelines Benches Purpose The purpose of this section is to provide for consistent application of design guidelines for benches in the public right-of-way. Benches are a desirable element, as they can be decorative, and they can be functional sculptural pieces. The provision of public seating is encouraged in appropriate locations in the public right-of-way. Public seating is an important element in furnishing outdoor rooms. Plazas, squares, and wide sidewalks are all intended for pedestrian use and should be furnished in a manner that promotes that use. Benches can combine with planters and other elements of street furniture. Coordinated street furniture is encouraged. Requirements: See standard detail CD177. Bench structure: A bench should have a sitting area of about thirty six (36) inches and a backrest that extends at least twenty four (24) inches above the sitting area. A backrest is not a required feature. A bench should have an armrest, although an armrest is not a required feature. A bench, or a planned sitting area, should be about seventeen (17) inches off the ground. Implementation: The City standard benches have been chosen by the Public Works Director. These bench styles are chosen to deter vandalism, such as abuse by skateboarders or roller bladers. The Public Works Department will coordinate with those seeking to place benches inside C-1-D Zone to locate the benches in suitable locations. Benches can be placed against the face of a building. Placement of benches must allow for both adequate legroom and pedestrian clearance. Public seating requires particular attention to pedestrian traffic flow in order to design a comfortable, useable, and active public environment where people can rest, socialize, read, or simply watch. Location Seating arrangements should be located and configured according to the following guidelines: 1. Seating should be located under trees where possible to provide shade and comfort and to integrate multiple objects. 2. Informal seating (low walls, etc.) can also be incorporated into other objects in the right of way, such as at planter edges. Where space allows, benches can be built into planters. GApub-wr1csleng109-25 ROW Encroachment Ord\B_Eng\MO9-10.14\ROW Guidelines.doc Page 15 of 44 Right-of- Way Encroachment Guidelines 3. Where seating is oriented parallel to the curb, it should face toward buildings when located in the Functional Items zone, or away from buildings when located in the &antage zone. 4. Seating should be provided on curb extensions in an organization that is grouped to create social spaces. 5. Seating incorporated into building form, such as seat-walls, is an ahernative to free- standing benches, and should be encouraged as a strategy to activate the front of larger developments as part of the streetscape. Given the visual character and amenities in Ashland and the areas around it, there are many scenic locations where varying from some of these guidelines may be appropriate in order to take full advantage of a street's setting. Design Design of seating should complement and visually reinforce design of other streetscape objects. At least one public bench in a group must be ADA accessible. See Section 4.37 of the ADAAG. Seating should be designed as an integrated part of other streetscape objects where possible, including: Integrated seat walls in pedestrian refuges Seat walls and benches around trees and landscaping Part of public art and gateway monuments GApub-wrkslmO09-25 ROW Encroachment OrdU3 _Ent2009.10-14UtOW Guidehnes.doo Page 16 of 44 Right-of-Way Encroachment Guidelines Publication Racks (Newspaper Stands) .,y' Purpose The purpose of this section is to provide guidelines for consistent application of newspaper stands. Newspaper stands are an element of street furniture that can change rapidly. There are currently more than twenty daily, weekly, and monthly publications in the City of Ashland. All need distribution space. Some are free and are distributed off of shop counters. Some publications are for sale and need a distribution source where money can be exchanged for the product. These guidelines provide codification for the design of structures to promote consistent standards for newspaper distribution structures in the public right-0f--way. Background Private companies are prohibited from chaining, locking, or attaching in any way a newspaper box or stand in the public right-of-way in the Downtown area. To prevent theft of newspaper boxes and reduce clutter, it is desirable to assemble them in designated areas in coordinated MUNRs that can be bolted to the sidewalk by the City of Ashland. Reducing the amount of clutter in the public right-of-way works to promote public safety, clear passages, and simplify sidewalk maintenance. Requirements See standard detail number CDl 79 for the draft MUNR. Should a company desire to secure a newspaper rack, box, or stand in the public right-of-way in the areas within the Downtown, Public Works promotes the use of MUNR. The units must be expandable. The Public Works Director must approve the design. The design of MUNR should prevent abuse, damage, and attempt at vandalism. The Public Works Department is responsible for the installation of MUNR. The City will designate locations for MUNR in areas of good visibility and pedestrian traffic. Should a newspaper distributor elect to be part of a MUNR, the newspaper distributor will enter into a written agreement with the City to use the MUNR exclusively in all areas where the units are provided. No MUNR shall be located in whole or in part on private property without the express written consent of the property owner or the owner's representative, and in no case shall a MUNR be located at any location so as to obstruct the vision clearance area at intersections or street and driveway intersections, or so as to otherwise interfere with the clear and unobstructed vision and cross view of motorists at street intersections, driveways, or alleys. Interim Regulations for Publication Boxes G:Vub-%Tkskngk09-25 ROW Lacro bment ChdU3_L{ngUOLy)-t0-I4%ROW Guidetulmdoc Pop 17 or 44 Right-of-Way Encroachment Guidelines • Boxes will be placed in locations as shown on DSUM. (Boxes shall be placed in groupings no greater than 12 lineal feet and 200 feet from nearest grouping.) • Shall not be placed closer than 24' from the curb face • Shall not exceed 5' in height, 30" in width, 2' thick. • Shall have a system in place to prevent spilling • Shall be projected from weather • Fronted with clear glass or plastic window * Interim (privately-owned boxes will be phased out by 7/1/12) Considered "City Functional items" therefore provided by the City of Ashland G:\pub-wrks\eng\09-25 ROW Encroachment Ord\B_Eng\2009.10-14\ROW Guidefiries.doc Page 18 of 44 Right-of- Way Encroachment Guidelines Bollards Bollards are primarily a safety element to separate pedestrians or streetscape objects from vehicles or hazards such as out-swinging doors. Attractively designed bollards add color and interest to streetscapes, help define pedestrian spaces, and provide a spot to lean on or rest at. Requirements See Detail CD 181 for Downtown Area Rights of Way. See Detail CD182 for Bike Paths and locations with heavy bicycle traffic. See Details CD141 for locations that require periodic access by vehicles for maintenance, or where bollards are used for closing a street or parking space temporarily. See Details CD140 for other locations. Location Bollards should be located according to the following guidelines: 1. Bollards should be used at sidewalk locations where vehicles attempting to park are damaging sidewalk structures, trees or plantings (e.g. property, especially on alleyways). 2. Bollards should be considered for installation on median islands, curb extensions (but not on the boarding side of transit loading islands or extensions), and midblock curb extensions, where there is a risk of danger to pedestrians due to proximity to travel lanes. 3. Bollards can also be used in special locations, including pedestrian-oriented spaces such as pedestrian pathways, to designate unique spaces. 4. Lighted bollards can create a special pedestrian environment, and may be particularly useful to provide additional pedestrian lighting in median refuges. 5. Removable bollards should be placed at entrances to streets that are closed to vehicles for pedestrian use, to alert drivers to the changed nature of the street. Similarly, removable bollards can define the outside edge of flexible parking spaces (see Section 5.6) where the space has been converted to pedestrian use. 6. Bollards should be placed 18-inches (or 24"?) from the back of the curb. If there is no parking in the bollard placement area, the bollard may be installed immediately adjacent to the back of the curb. Standard bollard spacing is approximately 10 feet on center, but may need to be reduced where there is a need to block vehicular traffic. Spacing should vary to sync with the rhythm of lighting fixtures, trees and landscaping, or other objects in the streetscape. GApub-wrks\eng109-25 ROW Encroachment OrdS_Enga009-1014\ROW Gui&hrtes.doc Page 19 of 44 APPENDIX A Appendix A: Standard Specifications And Details G:\pubwrks\eng\09-25 ROW Encroachment Ord\B_Eng\2009-10-14\ROW Guidelines.doc Page 20 APPENDIX A STANDARD SPECIFICATION SECTION 01095 - FUNCTIONAL ITEMS ("Site Furnishings") Description 01095.00 Scope - This work consists of constructing items such as listed below and other Functional Items as shown or directed. Materials 01095.10 General: -Conform with following standard details in accordance with the most current version of the Ashland Engineering Design Standards for Public Improvements, as well as these Special Provisions for Functional Items: DETAIL ITEM Preferred Alternate CD171 Pedestrian Clearances Maximize Pedestrian Area See "Downtown Sidewalk . .111 ~ available while maintaining Usage Map for ceptions minimum clearances CD172 Sidewalk Cafes Annually permitted Not permitted in other by Public Works Dept. Zones. In zones C-1, C-D-1, & E-1 CD173 Bicycle Racks Hitching Post Bike Rack Submit on street designs Purchase from City to Engineering for 541-552-2290 pre-approval CD174 Trash Receptacles Timberform "Plaza" Victor Stanley "H-Series" . Model # 2770 DT-P Model # U-24 8007547-1940 800-368-2573 CD175 Planters Timberform Craftsman" Eagle One Catalina" Model # 2669-06 Model 4 C505 _ . 800-547-1940 1-800-448-3160 CD176 Tree Grates Neenah Foundaries Poly-Grate II Model # R-8707390 Model # TSB55 800-558-5075 (800 523-6899 CD177 Benches Timberform "Restoration" Victor Stanley "Classic" Model # 2118-6 Model # C-138 800-547-1940 800-368-2573 CD178 Publication Racks Shorack Modular Rack Shorack Broadsheet Model #49-16/100 Model TK-80 800-527-1134 800-527-1134 CD181 Bollards Trystan "Park Avenue" CD182 at bike paths www.trystanprocucts.com CD141 temporary closures 877-348-5845 CD140 elsewhere CD183 Bus Shelters Handi Hut'Yosemite Engineered Structure to Model # 4-2H match structure at 800-603-6635 132 Ashland St. CD184 Water Fountains Murdock "Old Style" Murdock _ Model # M-C76 1- AVAF Model # C-30 800-591-9880 800-591-9880 Construction 01095.40 General - Install all functional items as indicated as follows and in full accordance with the manufacturers installation procedures, recommendations, and requirements. G:\pub-wrks\eng\09-25 ROW Encroachment Ord\B_Eng\2009-10-14\ROW Guidelines.doc Page 21 m SHADING INDICATES ITEMS THAT APPENDIX A REQUIRE AN ANNUAL ENCROACHMENT § PERMIT UNLESS DONATED TO AND ACCEPTED BY THE CITY. - - DASHED LINES 3 INDICATE EDGES OF 8 , - PEDESTRIAN CROSSWALK ` i - - CLEARANCE AREA. PLACE BOLLARDS I THE MINIMUM WIDTH TO PROTECT I W ("W') SHALL BE: 8 PEDESTRIANS- 6' IF SIDEWALK IS SEE DETAIL CD 181 I I 1 1 ' OR LESS, 8' IF d TREE GRATES MAY / SIDEWALK IS MORE m THAN 1 1 ' WIDE PROTRUDE INTO mml~l~~G ALL FUNCTIONAL ITEMS a PEDESTRIAN w, CLEARANCE AREA IF MUST BE AT LEAST 6 FLUSH WITH 15' AWAY FROM a SIDEWALK. I ( INTERSECTIONS AND UNGRA TED TREE \ E WELLS AND RAISED 10' AWAY FROM CROSSWALKS, ALLEYS, GRATING MAY NOT - & DRIVEWAYS. w SEE DETAIL CD 176 (EXCEPTIONS: ALL FUNCTIONAL W BOLLARDS, WATER " ITEMS SHALL FOUNTAINS, AND ate', REMAIN AT \ STREETLIGHTS) a LEAST 2' MOVEABLE PLANTERS FROM FACE OF ON THE GROUND CURB AND 6' \ MAY NOT ENCROACH FROM ROADWAY INTO PEDESTRIAN PUBLICATION CLEARANCE ZONE RACKS SHALL I SEATING SHALL BE GROUPED IN W MAINTAIN 1.0' MODULAR UNITS LEGROOM -SEE PER DETAIL CD 178 DETAIL CD 177 MAINTAIN 3' TRASH RECEPTACLES CLEARANCE SHALL BE PER AROUND BIKE w / DETAIL CD 174 RACKS - SEE DETAIL CD 173 _ W BUILDING CORNER MAINTAIN 6' AROUND I "C"~ HANGING PLANTERS CLEARANCE I MAY PROJECT 4" HYDRANTS & INTO CLEARANCE EMERGENCY I ZONE IF AT LEAST FACILITIES 27" ABOVE GROUND -SEE DETAIL CD 175 PEDESTRIAN CLEARANCE AREA CITY of PUBLIC WORKS ENGINEERING '"I' . ASHLAND www.ashland.ar.us 541-488-5587 fox 488-6006 CD171oF APPENDIX A S SEE DETAIL ADDITIONOR j / / X1 e Y1/////////j L L L I L L ' _~BUILDING CORNER m L L ` DIAGONAL HATCH LL F7-/] W INDICATES NO CAFE OPERATIONS INSIDE w THE CORNER VISION L CLEARANCE AREA \ - - DASHED LINE 3 INDICATES PEDESTRIAN 10 L 4 W CLEARANCE AREA. THE MINIMUM WIDTH a m 1~~~ ~ L ~/L L L ("W') SHALL BE }m L L LL: z- 6' IF SIDEWALK IS b / L LL L L L: w Q 11' OR LESS, 8' IF L L L L L: SIDEWALK IS MORE THAN 11' WIDE L t '00 _4LLLLL: m~ LL~.._LL 2.0( ' I L L` HATCH WITH DOTTED L ? - EDGE INDICATES SIDEWALK CAFE L - - PERMITTED AREA L =(X1*Yl)+(X2*Y2) L +(X3*Y3)+..... ~1 L X3= AVERAGE Or L L DEPTH AT \ L "tL DIAGONAL } \ 11 ` TRANSITIONS w I I N I, SIDEWALK CAFE W EXAMPLE PLAN CITY of PUBLIC WORKS ENGINEERING IDmwm"o' ASHLAND ~ www.ashland.or.us 541-488-5587 fax 488-6006 CD172 F f a APPENDIX A PRE-APPROVED MODELS : City of § Ashland Hitching Post Type 2.50' Finish: Sandblast to Bore Metal, a Powder Coat Forest Green. CF~ 8 518" ASTM, A36 1 112" 0 ASTM Steel Plate A120. Grade "B" Steel 1 112" 0 STD. Pipe with 3.5" Steel Pipe 8 Inside Radius 1/4" b jn d, Option 1 at m ry concrete N N (sidewalks): Weld 314" 0 Hole For m Base Plate and O 112" 0 Red Head bolt down. o HN-5830 Hexnut ` E Option 2 at Sleeve Anchor, asphalt: Omit 3" Or Approved Equal base Plate and em a min 0 I I into 6" Diom by P4 i Bose _Plate - I t° 15" Concrete Pier I I I Detail m I.II.I ~`ll.l L.'II I I II.I O O y I Elevation b P_ I I I O O Plan View BICYCLE RACK REV 10/20/09 BIKE STENSIL 12 STRIPING ® ENDS EACH END & OUTSIDE EDges 5 15 15 5' -2 6' CURB STOP EACH END E1 N 8.5' Locate Racks ® 8.5' FACE OF CURB .11 q[ 1.75' 4.25' On Center 1.75' ON-STREET MULTIPLE PARKING REV 10/20/09 CITY of PUBLIC WORKS ENGINEERING ORMwNONO. ASHLAND of www.ash/and.or.us 541-488-5587 fox 488-8008 CD173 APPENDIX A PRE-APPROVED MODELS. (Evergreen or Black) Timberform Plaza 2770-OT-P ° Pedestal mount by Timberform or $ BorcoProducts: RH-55 Pedestal mount by GC Dome Lid (Powder-coat o Evergreen colored): Omit o AAA r except at bus shelters o 8 N C W a Steel Frame: 6 Powder-coat Forrest Green L WOOD SLAT- Cedar or $ dark stained (walnut) recycled plastic slats ~ N yJ O L ~ al H C O ~_oU PEDESTAL MOUNT.. (Downtown Only) APPROVED MODELS. Timberform Plaza 2770-DT-P Pedestal mount by Timberform or Fits Std BorcoProducts: RH-55 Metal Trash Pedestal mount by GC Can LITTER RECEPTACLE REV 04/02 CITY of Aa PUBLIC WORKS ENGINEERING mOF ASHLAND ire, www.ashlandor.us 541-486-5587 fox 488-6006 CD174 APPENDIX A N C O T n 8 •W AT b WALL BEYOND BUILDING WALL AT WIDENED SIDWALK BEYOND - SEE CD 171 8 CEILING OR AWNING a a N I C W m I 0 Z O O g ni E m 0 14) MOVEABLE PLANTERS ON THE GROUND MAY NOT ENCROACH C-4 I INTO PEDESTRIAN r CLEARANCE ZONE 0 HANGING PLANTERS a MAY PROJECT 4" INTO CLEARANCE ZONE IF AT LEAST MOVABLE PLANTERS 27" ABOVE GROUND -SEE DETAIL CD175 NOTES: 1) CLEAR ZONE AND THE CIRCULATION PATH MAY BE COMBINED PROVIDING A 6 FOOT MINIMUM SIDEWALK WIDTH IS MAINTAINED. 2) DEFLECT SIDEWALK AROUND AREA OF OBSTRUCTION WHEN OVERHANGS EXCEED ALLOWABLE LIMITS. 3) WHEN OBSTRUCTIONS ARE LOCATED WITHIN THE SIDEWALK AREA THE DIMENSION APPLIES IN ALL DIRECTIONS. 4) EXCEPTIONS TO THE REQUIREMENTS IN THIS DRAWING MUST BE APPROVED BY THE ENGINEER AND MUST COMPLY WITH AMERICANS WITH DISABILITY ACT. CITY OF PUBLIC WORKS ENGINEERING DMWING NO. pro 41 1 -ASHLAND of www.osh/and.or.us 541-488-5587 fax 488-6008 CD175 K APPENDIX A a 0 ALL SLOTS ARE 1/4" WIDE MAX. DIMENSIONS A, B, AND C 8 L ` TO BE DETERMINED BY f DESIGNER AND A T o AND APPROVED BY Y AGENCY in -I \ TREE GRATE HALVES o % ~~~~►~1~~~~\\\~`\~ BOLTED TOGETHER w/ „ j //////1111111\\\\\ STNLS. STL. HEX. BOLT AND HEX NUT w/ WASHERS V W 3 0 A=5'-0' MIN MATERIAL: CAST GRAY IRON ASTM A-48, CLASS 35B FINISH: NOT PAINTED 7" 3 1/2» PRE-APPROVED MODELS L /4~ r 18" n Neenah R-8707390 V' o o 314"~~ 6 I/4.. / (2) GUARD LUGS REQ'D L p R 1 80' SECTION TREE GRATE CITY of PUBLIC WORKS ENGINEERING jDpAwmNo- OF ASHLAND a~ www.ashlond.orus 541-488-5587 /ox 488-6006 CD176 APPENDIX A 2'-2 172' cr~ (TYP. -12) Sr, 8 SLAT (TYP.-2) 1 SUPPORT STRAP TO SLATS 14 #10 X 1 PAN H ~a 8 HEAD D SCREW EW D a PLAN VIEW 2 FRAME TO SLATS 14 #10 X 1 211- 114" PAN HEAD SCREW , 3,'- 9 1 12 N J 17 m CENTER SUPPORT STRAP FIELD DRILL 8'" DIA. X 1 END VIE FRAME E d e e-x DEEP PILOT H E.) 9FDOWNWARD.) TRETCHER PIPE TO FRAMES /8"-16 X 318" SET 'a 3 EW (INSTALL PIPE WITH GRADE SCREWS FACING d, " DIA. HOLE FOR STRETCHER 5'-8 112' ANCHORING DEVICES (BY PIPE OTHERS, TYP.-4) ° Installation Notes: 1. Before anchoring, assemble cast iron frames, slots, and stretcher pipe per notes 2-5. Use assembled bench to locate anchors. 2. Install stretcher pipe so that the ends are flush with the frames. 3. Each slat should be positioned so that the best face is exposed when assembled. Note that the backrest has two (2) visible faces. Therefore, those slats having one blemished face should be installed on the seat portion of the bench with the best face visible. 4. Attach slats to end frames after drilling pilot holes. 5. After slats are fastened to end frames, align all slats for uniform spacing center support strap to back of slats. Remove shims after attaching strap. In center area. We recommend the use of temporary shims as necessary. Attach 6. PRE-APPROVED MODEL: Timberform 2118-6 (Evergreen or Block). Slots Alaska Yellow Cedar. In the downtown area, all other models are subject to approval through the public art approval process or the sign regulation process in advance of approval by the public works director BENCH REV 07/02 CITY of PUBLIC WORKS ENGINEERING °F -ASHLAND www.ash/and.or.ue 541-488-5587 fox 488-6006 CD177 a APPENDIX A PRE-APPROVED MODEL : SHORACK / 49-161100 (Evergreen or Black) No Decals or signage shall be a on the top or sides 99 o m w m' a u 0 V i \ W \ d 3 b 0 v l7 MODULAR PUBLICATION RACK REV 6/18/09 CITY of PUBLIC WORKS ENGINEERING ASHLAND " www.ashland.or.us 541-488-5587 fax 488-6006 CD178 F P APPENDIX A 0 0 0 N O a PRE APPROVED MODEL: TRYSTAN "PARK AVENUE" DARK GREEN, 6 BLACK, OR OTHER BOLLARD APPROVED BY oPUBLIC WORKS DIRECTOR. BOLT DOWN WITH (4) 0.75"X4" DIAMETER PLUS HOOK ANCHOR BOLTS OR EXPANSION ANCHORS OF EQUAL OR GREATER PULLOUT CAPACITY. n o iN THE DOWNTOWN AREA, ALL OTHER MODELS ARE SUBJECT TO APPROVAL d THROUGH THE PUBLIC ART APPROVAL PROCESS OR THE SIGN REGULATION o PROCESS IN ADVANCE OF APPROVAL BY THE PUBLIC WORKS DIRECTOR rn c w o EXCEPTION: FLEXIBLE TOP MODEL SHOWN IN STANDARD DETAIL SD182 FOR BIKE PATHS a V O I BASE PLATE WIDTH IN ANY DIRECTION SHALL BE 12" MAX. THE VERTICAL PROJECTION - ABOVE THE BASE PLATE 2 SHALL BE BETWEEN 4" & 12" IN ANY DIRECTION w 3 0 s N FINISHED GRADE m a m c i a n -III III iv I=I q '..r -I -III + n III= UNDISTURBED EARTH II- .I V I -I "a. I-I I CONCRETE TO BE COMMERCIAL GRADE _ _ _ _ _ III CONCRETE (CGC) PER 2002 ODOT/OREGON I I-I I-III-III-III-I I-I I APWA SECTION 00440.00 -1 I I III-1 I I-1 I (-1 I I III- EXCEPTION: BOLLARD MAY BE BOLTED TO EXISTING CONCRETE WHERE ADEQUATE STRUCTURAL CAPACITY CAN BE DEMONSTRATED. 18' DIAM DOWNTOWN BOLLARD DETAIL CITY of w. PUBLIC WORKS ENGINEERING DM"NG ND OF ASHLAND sin www.ashlond.or.us 541-488-5587 /ax 488-6006 CD181 N BASE APPENDIX A s j"m ~ 40 MM PRE, o mO w ON BOTH mos a oM "o N 89 (U M n 8 VIEW ^ rnn 2 - 1' uttac Op aos ro eowno m b T 0W11 D, YlEd IMDm Olu 0 N 5'1. D. all BULLARD ARD CAP P BOLT 0.25'0.D. D) c DRILL AND X 28 (3 RETAP EQ) E EQUALLY SPACED Y u 0 W 0 IN 3 M I FLEXIBLE 81 plyt C TRAFFIC 0 ROD o In D TOR n M BEVEL END 0 ° RILL" HOLE b 0.31' n N ALIGN HOLE PARALLEL TO MIKE PATH CENTERLINE CONCRETE CL 5000 BIKE PATH FLEXIBLE BOLLARD REV 04/02 CI7Y of PUBLIC WORKS ENGINEERING ASHLAND OF Rial www.ashland.or.us 541-488-5587 fax 488-6006 CD182 APPENDIX A M § PRE-APPROVED MODEL : HANDIHUT Historical Roof jf4-2H (Black) a 0 8 ~ 1 v2• 2' 2' HOLE n 1 l/2' ] /2• 8 30 AMP BREAKER BOX p b WITH MOUNTING BRACKET 7/8' ABOVE 8'0' HEIGHT HOLES 2' X 4' 48 WATT FLOUR. MATCH STD LIGHT WITH SEISMIC BRACING VERT LEG & w~ BY SHELTER SUPPLIER HOLE PATTERN 0 5' Out/Out Verify 1/2' ALUM PL with Shelter Supplier E CUSTOM ANCHOR Q 5' X 10' PREFAB ALUMINUM FLANGE DETAIL o V) BUS SHELTER (HANDI-HUT w YOSEMITE 4-2 WITH HISTORICAL O ROOF (800-603-6635X212) (2) 1/2' X 4 1/2' a HILT] KWIK BOLT II 00 #1-KD CLEAR BULL-NOSED w/ WASHERS & ZO F w/#4 HOOK AT EACH ^ CEDAR 4 X 4 PREDRILLED o U FOR 1/2' CARRIAGE BOLTS CORNER THUS: 15' d 00 W/SIKKENS 3-COAT FINISH 12 w ¢ 15' r 3 H n x FULL DEPTH SLOPE 1% EXPANSION JOINT ° ALL SIDES 44 1141 / Illy 1 1/2" ELECTRICAL CONDUIT .ADDITIONAL 1 1/2" EMPTY CONDUIT 6' SLAB W/ #4 @ 12' OC EW @ MID-DEPTH OVER 2' SAND LEVELING COARSE OVER MIN 4' OF 3/4' MINUS CRUSHED ROCK OVER FIRM DRY NON-EXPANSIVE NATIVE SOIL. COMPACT SOIL & ROCK TO 95% BUS STOP SHELTER FOOTING REV e/W CITY OF PUBLIC WORKS ENGINEERING MAY= ND. OF ASHLAND www.oshlond.or.us 541-486-5587 fax 466-6006 CD183 APPENDIX B Appendix B: Encroachment Permit Application Form Packet G ouDwrks\ena+09.25 ROW Encroachment Ord1B FjidQ009.10.14%ROW Guidelines.doc Paw 23 of 44 APPENDIX B COMMERCIAL ROW ENCROACHMENT Permit Application Form Packet o ry. h• ~ V 1 x i e Table Of Contents What Is A Downtown Right Of Way Encroachment? Sidewalk Width Requirement Things To Consider Publication Boxes General Requirements Conditions Of Permit Important Definitions Revocation Of Permit ROW Encroachment Permit Application Terms, Conditions, & Hold Harmless Site Plan Form and Example Plan General Liability Insurance Requirements General Liability Insurance Endorsement Form G:Ux6-wftlerw109-25 ROW Eneroechment Ofd1B Enai2IX19.10.141ROW Guiddnes.doc. Paae 24 of 44 APPENDIX B WHAT IS A DOWNTOWN RIGHT OF WAY ENCROACHMENT? In 2008 the Ashland Downtown Task Force made several important recommendations to the City Council concerning the use of City sidewalks for commercial and other purposes. As a result Ashland Municipal Code (AMC) 13.06 was repealed and Chapter 13.03 was adopted. Chapter 13.03 Sidewalk Cafe, Special Event and Publication Box Regulation (Effective 11/1/09) This ordinance protects and promotes a safe environment on public sidewalks (public right-of-way) within the C-1-D, C-1 and E-1 Zoning Districts. Placement of objects on sidewalks (an encroachment) require adequate regulation to guarantee uninhibited pedestrian access on sidewalk, sufficient access for passengers entering and exiting parked vehicles, maintenance of utilities, and emergency service access. Goals and Objectives of an Encroachment Policy • To ensure the public continues to have aesthetically pleasing views and safe areas to walk and drive. • To protect and preserve the sidewalks, streets and open space. • To increase community awareness regarding encroachments and open space use. • To promote a consistent policy of reducing and minimizing encroachments on public right-of-way. • To establish a uniform application process and solution for all encroachment on the public right-of-way. Standard form templates and fees (application, square feet or gross sales rates) including insurance and maintenance/hold harmless/indemnity agreements as well as the "Downtown Sidewalk Usage Map" (DSUS) were adopted by City Council Resolution on October , 2009. SIDEWALK WIDTH REQUIREMENT Minimum Clearance between the permit area boundary and fixture or structure: 8 feet where sidewalk is more than 11 feet wide; 6 feet where sidewalk is less than 11 feet wide. The Public Works Director has the authority to require more clearance if necessary for public safety and ADA access. THINGS TO CONSIDER In determining the proposed layout for your sidewalk cafes or functional item, please consider all existing sidewalk obstructions such as sign and signal poles, bike racks (leave room for the bikes in your measurements), bus zones, fire hydrants, existing sidewalk furniture, street trees, tree wells, phone booths, mail boxes, newspaper racks, etc. PUBLICATION BOXES (Newspaper stands)' Publication boxes assigned by lottery Any box empty for more than 30 days is deemed abandoned G1Dub•wrkslena109.25 ROW Encroachment OrdtB Ena12009-10.141ROW Guidelines.dac Pane 25 of44 APPENDIX B Interim Regulations for Publication Boxes • Boxes will be placed in locations as shown on DSUM. (Boxes shall be placed in groupings no greater than 12 lineal feet and 200 feet from nearest grouping.) • Shall not be placed closer than 24' from the curb face • Shall not exceed 5' in height, 30" in width, 2' thick. • Shall have a system in place to prevent spilling • Shall be projected from weather • Fronted with clear glass or plastic window Interim Requirements will be phased out by 7/1/12 Considered "City Functional items" therefore provided by the City of Ashland GENERAL REQUIREMENTS (No variances or exceptions allowed) 1. Sidewalk Caf6s, functional items and publications boxes can be placed in C-1-D, C-1, E-1 zoning designations only. 2. The Property Owner of the adjacent building must consent to placement. (See permit form.) 3. The minimum clearance between permit area boundary and fixture or structure is 8 feet where sidewalk is more than 11 feet wide or 6 feet where sidewalk is less than 11 feet wide. Public Works Director may require more clearance if necessary for public safety. 4. Except as specified on the DSUM, no object shall be placed: a. within 6' of outer edge of any roadway (24" for publication boxes) b. within 10' of any crosswalk c. within 15' of an intersection d. within 6' of any fire hydrant or other emergency facility e. within 10' of any driveway or alley entrance f. within 3' from bike rack g. within footprint of bus stop 5. Furnish a signed "Release, Hold Harmless and Indemnity Agreement" (See permit form). 6. Furnish and maintain personal injury, property damage and general liability insurance in the amount of $1,000,000 (municipal tort liability under Oregon Tort Claims). List City as additional insured. Insurance cannot be canceled without 30 days written notice. 8. Submit the following information for issuance of a permit: • Complete and sign application form (including sign hold harmless agreement) • Pay appropriate fee based on square footage (50 sq ft minimum) • Submit diagram with dimensions and the locations and description of all structures, materials and activities shown (see example). • Submit Certificate of Insurance and Endorsement Form • G:loub4rkslendY39.25 ROW Encroachment OrdS Ena12W9-1 D-1 AROW Guidelines.doc Paw 26 d44. APPENDIX B 9. Materials and Construction Standards (taken directly from Ordinance 2990) All temporary structures weatherproof and sturdy construction (ie solid wood, iron, non corrosive metal, cement, or similar material). • No plastic. • No object shall be chained bolted to each other or to the surface • Objects be movable by one person • Objects meet sign code • Objects shall be labeled with name/address/phone number of the owner • Objects must be clean and in good repair • Objects must maintain a weather proof or weather resistant quality • Objects shall be self supporting under a wind load of at least 20 pounds/square foot CONDITIONS OF PERMIT • Permit card must be prominently displayed • ROW Encroachment Permits expire December 31 s' of year permit applied for • Permits are not transferable • Permit can be temporarily suspended for the good of the City upon 48 hour notice; the City assumes no responsibility for loss, but permit casts shall be prorated and refunded • Permits are limited to the area shown on approved site plan • Any functional items not used for 72 hours must be removed • Food service and liquor licenses must be obtained prior to issuance of permit • Permits must comply with City sign regulations • No smoking is allowed in utilized sidewalk area • All required supervision is the responsibility of the Permittee or employees IMPORTANT DEFINITIONS "City functional items" include, but are not limited to, a City standard bench, water fountain, planter box, garbage receptacle, ash can, bike rack, bollard, publication box, or other functional items identified by Resolution of the City Council. The City Council Resolution shall identify functional items and establish minimum standards for such items. City-owned items are not required to obtain a permit. "Donated or Loaned Functional Items" An abutting property owner together with the occupant may donate or loan to the City of Ashland a City standard functional item for use in an adjacent sidewalk permit area. Other persons or entities may also donate or loan functional items for use in non adjacent public areas. Items accepted on loan require insurance and a maintenance/hold harmless/indemnity agreement in the standard approved form. Donated items do not require insurance or a maintenance agreement, but the donations must be accepted by the City to be eligible for placement. The City Administrator is the delegated authority to accept or reject donations and loans for purposes of this Chapter in the Administrator's sole discretion. After demonstrated compliance with this section the City Public Works Director may authorize in writing the placement of a donated or loaned city standard functional item in locations meeting at a minimum the six foot or eight foot clearance requirement of AMC 10.64.010 or in approved locations shown on an adopted Downtown Sidewalk Usage Map. Items not strictly complying with minimum standards for such City functional items, (e.g. a G:1%oul>wrkslena109.25 ROW Encroachment OrcRB. Ena12009.10-141ROW Guidelines.dac Paae 27. or 44 APPENDIX B decorative art bench) may be permitted through the public art process in AMC Chapter 2.17. An accepted donated item can be placed without a permit and without required insurance. REVOCATION OF PERMIT Denial, Revocation or Suspension- 0 Permit is null and void if not paid within 3 working days of due date • Permittee has 30 days to appeal in writing; City Administrator renders final decision Violations: • If functional items or sidewalk cafd furniture is placed without a permit, violators are subject to a Class C Misdemeanor (AMC 1.08) and a one year penalty. • Violations associated with not paying city fees (business license, food and beverage tax, transient occupancy tax, etc) is considered a Class A violation. • If cited then permit is revoked and cannot be reinstated for two years. • City can abate serious risks to persons or property. Owner/operator is responsible for any/all costs associated with the abatement. +GAoubbwrksXene109.25 ROW Encroachment OrdS Ene12009-10.141ROW Guidelines.doc Pace 28 of 44 CITY OF APPENDIX B -ASH LAN D Application For: 12 Month Rental Rate per Sci Ft $4.00 (50 Scl Ft Minimum) ROW Encroachment Permit Chapter 13.03 Sidewalk Cafd, Special Event and Publication Box Regulation (Effeclive 11/l/09) Protects and promote a safe environment within the public sidewalks in the C-1-D, C-1 and E-1 Districts. The applicant must submit [his application along with a scale diagram of the sidewalk permit area, with dimensions and the location and description of all structures, materials and activities shown (sec example). In addition a certificaic of insurance arid endorsement form must be provided. All permits expire December 31a of the year obtained. For nwre infr ation call 4&9,-5347 or volt hffp.Ilmmv.uxhlandnr.u✓Pageap?Na lD=t.. Type of Permit. D Sidewalk CaMs C "Functional Item" C Publication Box Property Owner Information Business Owner Information Owner's Name Name Mailing Address Mailing Address Phone Number Office/ Cell Phone Number I hereby consent to the place functional item in the right-of-way adjacent to my property: Permit Holder consents to Terms and Conditions including RELEASE/HOLD HARMLESS attached: Applicant Name Applicant Signature Date Site Information eased on demonstrated compliance with the applicable criteria in AMC Chapter 13.03, as reflected In the application materials and supporting documentation provided by the applicant and contained in the record maintained In the offices of the City of Ashland Public Works Department, the application for occupancy/use of the right-of-way is hereby approved, subject to compliance with all applicable terms, conditions and limitations specified herein, attached standard terms and conditions as well as all applicable requirements of the City of Ashland Municipal Code. Date Public Works Director or designee Fire Marshall: Date: Bldg Official: Date: Comm Dev: Date: City Recorder: Date: Disclaimer: This Functional Item/ROW Encroachment Permitgranted by the City shall not in any way be interpreted as a waiver, modification, or grant of any othercity, state, county or federal agency permits or authorizations, including specifically applicable land use DEPARTMEtrrOF PUBLIC 20 East Main ain St St Faz: 541-4855006 Ashland, Oregon 97520 TTY 800-735-2900 www.ashland.or.us ,G:1oub-wft%erwl0&25 ROW Encroachment OM1B Enoi2009-1 P141ROW GukleUhes.doo Pace 29 of 44 APPENDIX B CITY OF ASHLAND ROW ENCROACHMENT STANDARD PERMIT/CONCESSION TERMS AND CONDITIONS AND RELEASE/INDEMNITY AND HOLD HARMLESS AGREEMENT Proposals of Applicant: The permit holder/concessionaire agrees that occupancy/use shall be as proposed in the application and as finally approved, including supporting documentation as entered into the record. All proposals of the permit holder/concessionaire are conditions of approval for purposes of enforcement Term; The term of this Permit shall commence upon approval by City and shall terminate as provided on the face of the permit, unless terminated or revoked earlier as provided for herein. The City shall have no obligation to hereafter grant any future permit or license. Regardless of the end of the term or early termination, the obligations of the permit holder/concessionaire continue in full force and effect until full payment of all financial obligations to the City, removal of items from the permit area and the complete resolution and satisfaction of any claims. Compliance with Law. Permit holder/concessionaire shall comply with all applicable federal, state and city and county [local] laws, rules, and regulations, including specifically but not limited to, as applicable, City business license laws, food and beverage license laws, County applicable public health regulations, OLCC regulations, and all such laws and regulations concerning non-discrimination in employment and provision of services, public health and safety regulations and the policies, ordinances, rules and regulations of the City of Ashland and /or Ashland Parks and Recreation Commission in effect on date of occupancy and use. Compliance with the Americans with Disabilities Act all applicable regulations and administrative rules established pursuant to those laws, in the construction, remodeling, maintenance and operation of any structures and facilities, as applicable, and in the conduct of all programs, services, training, educational or otherwise, shall be required Responsibility for Compliance. Permit holder/concessionaire shall obtain all federal, state and local permits, licenses and authorizations as necessary for the occupancy and use contemplated; Applicant shall be solely responsible for obtaining all such approvals, permits, licenses, insurance, and authorizations from the responsible Federal, State, County, and local authorities, or other entities, necessary to use the property in the manner contemplated, including all authorizations necessary to perform placement of personal property in the location and manner contemplated. All costs of compliance and permitting are to be borne by permit holder/concessionaire and not the City. Further, it is expressly agreed and understood that the City has no duty, responsibility or liability for requesting, obtaining, ensuring, or verifying permit holder/concessionaire's compliance with the applicable state, county and federal agency permit or approval requirements. Any permit or authorization granted by the City, shall not in any way be interpreted as a waiver, modification, or grant of any other city, state, county or federal agency permits or authorizations or permission to violate any city, state, county or federal law or regulation. Permit holder/concessionaire shall be held strictly liable and responsible, and shall hold the City, its officers, employees, and agents harmless for administrative, civil and criminal penalties for any violation of federal state, county and city statutes or regulations. Nothing herein shall be interpreted as restricting or limiting the City from bringing any criminal, civil or administrative enforcement action under the Ashland Municipal Code or Oregon State Statute. Land Use Approvals and Permits. Permit holder / concessionaire shall strictly abide by existing land use laws, authorizations approvals and conditions as applicable. Permit holder/ concessionaire is not authorized by this permit to make application for any new land use approvals, including signage permits. Similarly, applications for building department permits or other applications concerning city property are not authorized by this Agreement. No banners, flags, signage and/or marking of any kind shall be placed on City property. This Permit grants no permit or authorization for signage or banners. Applications for signs on City Paris property can only be submitted by the City Parks Director and shall only be for governmental purposes. Banners on City right-of-way must be applied for at City Administration. Summary Abatement. When the City Public Works Director, or designee, believes upon inspection, that the maintenance provisions of this Permit or the Code re violated, or that some other unsanitary or public health and /or public safety condition exists which was caused by, permitted by or allowed to occur by .G1Dulswrksleno\09.25 ROW Encroachment Ord\9 Ene12009,1 o-141ROW Guidelines.doa Pane 30 of 44 APPENDIX B CITY OF ASHLAND ROW ENCROACHMENT STANDARD PERMIT/CONCESSION TERMS AND CONDITIONS AND RELEASE/INDEMNITY AND HOLD HARMLESS AGREEMENT Permit Holder/ Concessionaire, Director may immediately cause the violations and conditions to be summarily abated using City employees or City contractors. Permit holder/concessionaire shall be responsible to reimburse the City for the actual cost [including overtime costs] to remedy the violation or condition. Director or Director's designee will attempt to contact permit holder/concessionaire to demand permit holder/concessionaire remedy the violation but Director is not required to wait to perform summary abatement Reimbursement shall be made to the City within five (5) working days after the performance of the abatement and delivery of the charges to Concessionaire. Non-Interference with Retail Businesses, Residences, and other authorized Permits/ Concessions. Permit holder / concessionaire shall use and occupy the right-of-way in a manner that does not damage, conflict with, or interfere with adjacent or abutting businesses or residences, and other approved concessions / permits, including permitted vehicular and pedestrian access ways and normal business / domestic functions. Payment of Fees. Permit holder / concessionaire shall pay a fee as established by City Council by Resolution for the use and occupancy of the City right-of-way based either upon the square footage of the concession /permit area awarded or upon gross sales. The permit/ concession fee will not change once the permit is executed; however the fee will likely change every year, (only upward) at least by CPI, and Permit holder/Concessionaire has no right to challenge the mount or type of fee. All required payments must be made and verified by the City before any new permit / concession will be authorized with the Concessionaire. Failure to remit the amounts owed the City under this Agreement, or submission of falsified returns or other falsification of records, shag be submitted to the Jackson County District Attorney for consideration of criminal prosecution, in addition to other remedies available to the City identified in this Agreement. Food and Beverage Taxes. If the use/occupancy of the right-of-way concerns food service, the concession shall be operated in accordance with applicable law, including payment of all local taxes, fees and charges. Permit holder/ concessionaire shall pay all food and beverage taxes associated with the business furthered by this concession/ permit The records inspection provisions above apply fully to City verification of compliance with this requirement No concession shall be granted to an individual or entity, if the person, entity, its owner or operator is in arrears, in collection, or in administrative or litigation concerning amounts owed to the City of Ashland under the Food and Beverage Tax provisions of AMC 4.34, regardless of whether the obligation concerns a business using a different name. Similarly, no individual or entity shall be awarded a permit or concession if the individual/ entity, its owners or operators have pending criminal prosecutions for theft of city food and beverage taxes or are otherwise involved in violation proceedings under AMC 1.08 for violation of provisions of the food and beverage tax ordinance. Failure to maintain current food and beverage payments, the existence of atrearages, collections, administrative, civil or criminal actions arising out of failure to strictly comply with the City food and beverage tax shall result in default and revocation of the license /permit to use the permit area and termination/ revocation of the permit/concession Business License Taxes, Utilities and fees. Permit holder/ concessionaire shall pay all business license taxes associated with the business utilizing the right-of-way furthered by this permit/ concession A Permit holder/Concessionaire shall obtain a City business license in accordance with AMC 6.04 and maintain as valid said license during the concession period. No application for a permit/concession shall be accepted from a business entity or individual owner or operator without a current business licenses and without full payment for any arrearages owed by said business entity or individual owner or operator regardless of whether the obligation concerns a business using a different name. In addition, violation of Chapter 6.04 is punishable by daily fines in accordance with AMC Chapter 1.08. Failure to maintain a valid a business license by payment of the business license tax, failure to pay all utilities fees and charges, shall result in default and revocation of the license to use the right-of-way and termination of the permit/concession. G:1Dub-wrksXendW9.25 ROW Encroachment OrdY3 Ena%2D09-10.14\R0W Guidelines.doc Paoe 31 .ar 44 APPENDIX B CITY OF ASHLAND ROW ENCROACHMENT STANDARD PERMIT/CONCESSION TERMS AND CONDITIONS AND RELEASE/INDEMNITY AND HOLD HARMLESS AGREEMENT Insurance: Permit holder /concessionaire shall procure and maintain insurance in accordance with the requirements of the application in full force and effect throughout the term of this permit/ concession. Permit Holder/ concessionaire shall provide the City with copies of said insurance certificates and shall name the City of Ashland as an additional insured. Any request to modify or waive the insurance requirements stated herein must be approved in writing by the City Administrator. RELEASE / INDEMNITY AND HOLD HARMLESS: Permit Holder/ Concessionaire, for itself, Its officers, members, employees, and agents, does hereby release and forever discharge the City of Ashland, Its Commissions, Boards and Committees, officers, employees, agents, contractors, successors and assigns, from any and all claims or causes of action which Permit Holder/ Concessionaire, Its officers, members, employees, and agents, now have or which may hereinafter accrue againstthe City, Commissions, Boards and Committees, officers, employees, agents, contractors, successors and assigns, in connection with or arising out of the this permit / license/concession, including without limitation, personal Injury or death, damages to property, by any cause, including trespass, conversion or other property loss, and including specifically damage or theft of personal property placed or located on city right-of-way. Permit Holder / Concessionaire, for itself, its officers, members, employees, and agents, shall hold harmless, indemnify, and defend the City of Ashland, Its Commissions, Boards and Committees, officers, employees, agents, contractors, successors and assigns, from any and all liability, actions, claims, costs, losses, damages or other costs including attorney's fees and witness costs (at both trial and appeal level, whether or not a trial or appeal ever takes place) that may be asserted by any person or entity, including permit holder, concessionaire, patrons, other permit holders/concessionaires or adjacent businesses, as well as other participants, arising from, during or in connection with the Permit holder/ Concessionaire's entry onto, occupancy and use of City property, and the operation of the permit area, except liability arising out of the sole negligence of the Ctty, its officers or employees. The Permit holder/ Concessionaire specifically agrees to Indemnify the City of Ashland, H3 Commissions, Boards and Committees, City officers, employees, contractors and agents against all loss injury or damage to concessionaire or permit holder/concessionaire's property sustained by reason of occupancy of the premises or any portion hereof. Such Indemnification shall also cover claims brought against the City under state or federal workers compensation laws. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Indemnification. In the event any action or claim is brought against the City of Ashland, its Commissions, Boards and Committees, officers, employees, agents, contractors, successors and assigns, the Permit holder/Concessionaire shall, if the City so elects, and upon tender by the City, defend the same at the Permit holder/Concessionaire's sole cost and expense, and Permit Holder/ Concessionaire shall promptly satisfy any judgment adverse to the City, and the Permit Holder/ Concessionaire, jointly, and reimburse the City of Ashland, its Commissions, Boards and Committees, officers, employees, agents, contractors, successors and assigns for any loss, cost damage or expense, including attorney fees, suffered or incurred. The Permit holder/ Concessionaire is not required to indemnify for damages caused solely by the negligence of the City The obligation to Indemnify is expressly understood to survive termination of the permit/ license/concession for any reason, and includes reasonable attorneys' fees, including attomeys' fees on appeal, and investigation costs and all other reasonable costs, expenses and liabilities Incurred by City or its attorney from the first notice that any claim or demand Is to be made or may be made. Termination: ~Wnubwdcs\eno\09.25 ROW Encroachment Ord16. Enc\2009.10.141ROW Guidelines.doc Pane 32of 44 APPENDIX B CITY OF ASHLAND ROW ENCROACHMENT STANDARD PERMIT/CONCESSION TERMS AND CONDITIONS AND RE LEASE/INDEMNITY AND HOLD HARMLESS AGREEMENT Notwithstanding any other provision hereof to the contrary, this permit/ license/ concession may be terminated as follows: a. This permit/ concession may be terminated by mutual consent by both parties at any time, or by either party upon fifteen (15) days notice personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to the Party. b. The City shall have the right in its sole discretion, to immediately terminate this Permit/Concession at any time, with cause, by giving written notice to Permit holder/Concessionaire. "Cause" means any failure to perform any of the obligations or requirements of this permit/concession, including but not limited to compliance with the Code, any specified default provision or any other violation of the terms of this Permit by Permit holder/ concessionaire. C. Notwithstanding any other provision in this agreement, City may terminate this agreement immediately upon Permit holder/ Concessionaire's failure to have in full force and affect any insurance required by this Agreement The City may provide the Concessionaire with an opportunity to secure replacement insurance, (not to exceed 48 hours) but the permit area shall not be used, occupied, operated or maintained for any reason whatsoever while Permit holder/ concessionaire's required insurance protection is not in full force and effect. d. Notwithstanding any other provision in this agreement, in the event of termination, City may at its option and sole discretion, direct Concessionaire to remove any or all improvements, equipment, and furnishings installed pursuant to this Agreement. Default: The Permit Holder/ Concessionaire may be declared in default by the City if: • Permit holder/ concessionaire vacates, deserts or abandons the permit area for two or more consecutive weeks; or • Permit holder / concessionaire violates any material provision of this permit/concession, including but not limited to, those provisions specifically identified as triggering default, violation, revocation, termination or breach. • Permit holder/ concessionaire fails to keep the premises in a safe and sanitary condition or operates the concession in a manner which is hazardous or offensive to the public; or • Permit holder/ concessionaire fails to comply with any of the statutes, ordinances, rules, orders, regulations or requirements of the federal, state, county, city government, including specifically city regulations, health department regulations, fire and building codes and planning laws and conditions; or • Permit holder/ concessionaire becomes insolvent; or • A voluntary or involuntary petition in bankruptcy is filed by or against the Permit holder/ concessionaire; or • A receiver is appointed to take charge of the Permit holder/ concessionaire affairs, or • Permit holder/ concessionaire fails to maintain compliance with requirements concerning payment of taxes, fees and charges, or Permit holder /concessionaire fails to provide access to adequate financial records. City will protect the confidentiality of the concessionaire's financial records to the extent allowed by law except where access to such records is material to pending litigation. In such event of a default(s) as set forth above, if permit holder/ concessionaire has failed to remove its property from the permit/ concession area, whether or not the permit/concession is terminated or not, the Permit holder/ concessionaire agrees to surrender to the City the entire permit area immediately upon the G:1oub-wrksXendY)9.25 ROW Encroachment 0rdY3 Eno%2009-1 D-141R0W Guidelines.doe Pace 33 of 44 APPENDIX B CITY OF ASHLAND ROW ENCROACHMENT STANDARD PERMIT/CONCESSION TERMS AND CONDITIONS AND RE LEASE/INDEMNITY AND HOLD HARMLESS AGREEMENT completion of a 15 day notice of default /cure period and the City may order vacation of the premises or immediately thereafter remove the permit holder/ concessionaire or any other person who may be occupying the premises without resort to courts for an Order sanctioning such action. Removal includes complete removal of personal property using City forces, or pursuant to this Permit and permit holder/ concessionaire expressly consents to such removal. City is expressly authorized to remove all Permit holder/ Concessionaire property from the premises at the permit holder/ concessionaire's expense. The City is relieved and discharged from any and all loss, damage or claim occasioned by such removal, and shall not be responsible for safe-keeping of property so removed. SURRENDER: Upon the expiration of the original term, Permit holder / Concessionaire shall surrender to the City the premises in as good or better condition and order as was originally received, except as allowed for within the typical wear and tear. Surrender is considered complete only upon approval of site conditions as determined by the City. City will inspect site within 48 hours written notice by Permit holder/ Concessionaire of readiness for inspection. The 48 hour period does not apply to Saturday, Sunday, or any recognized City holiday. Upon expiration, abandonment, termination, or cancellation of this Agreement for any cause, Permit holder/ concessionaire shall immediately quit the premises and shall remove its personal property not affixed to the land and leave the site in a clean and tidy condition acceptable to the City. Any personal property not removed within that time shall be deemed abandoned and shall become at once the property of the City. Any buildings, alterations, or other improvements affixed to the land, except for movable furniture and trade fixtures, shall become a part of the land and shall belong to the City upon the expiration or termination of this agreement for any cause. In the event of termination of this contract prior to its expiration for reasons other than breach, or default on the part of Permit holder/ Concessionaire or other than abandonment by Permit holder/ concessionaire or other than for cause, or other than wrongful termination or repudiation, City shall pay permit holder/ concessionaire such sums as the parties agree represent the reasonable value of improvements made by Permit holder/ concessionaire on the property and existing at the time of termination of the agreement, provided such improvements were made with authorization Permit holder/ concessionaire shall in such event accept said sum in complete and full satisfaction of any claim If the parties cannot agree on the value, the matter shall be resolved by reference to a mediator. Status of Concessionaire. Permit holder/ concessionaire is not to be considered an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus, or similar benefits City provides its employees. Permit holder/ concessionaire will not be eligible for any federal social security, state worker's compensation, unemployment insurance, or Public Employees Retirement System benefits from this permit. Nothing in this Agreement shall be construed to render the City in any way or for any purpose a partner, joint venturer, or associate in any relationship with Permit holder/ Concessionaire other than that of Licensor and Licensee/Concessionaire, nor shall this Agreement be construed to authorize either party to act as agent for the other Entry for Inspection. Permit holder/ concessionaire consents to and provides an irrevocable right of entry to permit inspection by City personnel, City contractors, City authorized representatives and other governmental authorities for purposes of regulatory compliance inspection and determination of compliance with this permit, federal, state and local laws as well as the general condition of premises, equipment and facilities. Entry by City personnel, City contractors, representatives and other governmental authorities on official business shall not be deemed a trespass. City also reserves to itself the unqualified and irrevocable right-of-entry for the inspection of the premises to determine compliance with this Agreement and for emergency purposes. G:loutrwrkslena%09.25.ROW Encroachment Ordte Ena12009-1 D•1 AROW Guidelines.doc Paoe 34 of 44 APPENDIX B CITY OF ASHLAND ROW ENCROACHMENT STANDARD PERMIT/CONCESSION TERMS AND CONDITIONS AND RELEASE/INDEMNITY AND HOLD HARMLESS AGREEMENT Notice. Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this Permit or by law to be served on or given to a party of this Agreement shall be in writing and shall be deemed duly served and given when personally delivered to the party, any managing employee of the party, or, in lieu of personal service, when deposited in the United States mail, first class postage prepaid, addressed to the appropriate party as follows: City: City of Ashland Martha Bennett, City Administrator 20 East Main Street Ashland, Oregon 97520 (Telephone 541-488-2100, Fax: 541-488-5311 ) Copy to: Mike Faught, Public Works Director 20 East Main Street Ashland, Oregon 97520 (Telephone: 541-552-2100;) Permit holder: See address on face of permit And when so addressed, shall be deemed given upon deposit in the United States Mail, postage prepaid. In all other instances, notices, bills, and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills, and payments are to be given by giving notice pursuant to this paragraph. Assignment/Delegation. Neither party shall assign, sublet, transfer any interest in, or delegate any duty under this Permittconcession without the written consent of the other, and no assignment or delegation shall be of any force or effect whatsoever unless and until the other party has so consented. Any attempt to assign, sublet, transfer any interest in, or delegate any duty under this Permit /concession without the written consent of the other, shall result in default and the license and concession authorized pursuant to this Agreement may then be immediately be revoked and terminated Emergency. Nothing in this Agreement prohibits or restricts the power of the City of Ashland governing body, the Mayor, the City Administrator or other City Official from exercising regulatory power or other authority over City property pursuant to the City emergency operations ordinance, AMC Chapter 2.62. No Waiver. Failure or delay of the City to require performance of any provision of this permit and contract shall not limit, waive or prejudice the right of the City to later enforce that or any other provision of this Agreement. The enforcement provisions of this permit are non-exclusive, and enforcement by the City may be by any means provided by law, including but not limited to criminal prosecution for violation of city ordinance pursuant to City or state law. Governing Law. This Agreement, and all matters relating to this Agreement, shall be governed by the laws of the State of Oregon in force at the time any need for interpretation of this Agreement or , any decision or holding concerning this Agreement arises. The parties to this Agreement do not intend to confer on any third party any rights under this Agreement. Severability. If any provision of this Permit/ concession is held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect unimpaired by the holding G:buawrks%ena109.25 ROW Encroachment OrdY3 Ena12009-10.141ROW Guidelines.dae Paae 35 of 44 APPENDIX B CITY OF ASHLAND PUBLIC RIGHT-OF-WAY ENCROACHMENT PERMIT A. Permittee Name: B. Premises: Address: Phone: C. Permit begins: D. Payment : $58.00 E. Purpose: F. Special Conditions: 1. DESCRIPTION OF PREMISES: City permits Permittee to use the property described in Box B above Cthe premises') on the terms and conditions stated below. 2. TERM: This permit shall begin on the date specified in Box C above and continue until terminated as provided in paragraph 11, 3. PAYMENT: Permittee shall pay City the sum specified in Box D above. 4. PURPOSE: The premises shall not be used for any other purpose than stated in Box E above. Permittee shall not use or allow the premises to be used for any unlawful purpose whatsoever. 5. SPECIAL CONDITIONS. The special conditions set forth in Box F above are made apart of this agreement. 6. INDEMNIFICATION. Permittee shall defend, indemnify and save the City of Ashland, its officers, agents, and employees harmless from any losses, claims, expenses, judgments, or other damages resulting from injury to any event participant or other person or damage to property, of whatsoever nature, arising out of or incident to this permit. 7. IMPROVEMENTS. Except for the purposes described in Box E above, no improvements shall be placed in or on the premises, and no alterations shall be made on the premises without the prior written consent of City. All improvements shall be made at the sole expense of Permittee. All improvements made by Permittee on the premises shall be and remain the property of Permittee. Permittee shall secure all necessary permits and licenses required in connection with the premises and shall comply with all federal, state, and local statutes, ordinances, and regulations that may concern, in any way, Permittee's use of the premises. 8. TAXES, UTILITIES, MAINTENANCE. Permittee shall be responsible for all taxes and assessments, if any, on all real and personal property and improvements on the premises, including real property belonging to City. Permittee shall pay for all utility services furnished to the premises. Permittee shall, at its sole expense, keep and maintain the premises at all times in an orderly, clean, and safe condition. 9. ASSIGNMENT. The provisions of this permit and all of its obligations and rights shall bind any assignee or legal successor of Permittee, and any purchaser or transferee of any interest of Permittee's in the property described in box E above. Permittee shall execute and acknowledge a memorandum of this permit as it affects the property described in Box E above in a form suitable for recording, and City may record the memorandum. G9oub•wrk9WMD9.25 ROW Encroachment Ord1B EncA2009.110-MROW.Guidelines.doc Paoe 36 of 44 APPENDIX B 10. RIGHT OF ENTRY. City specifically reserves the right to enter and occupy the right of way upon failure of Permittee to comply with any provision of this permit. City also reserves the right to enter the right of way for purposes of inspection and to determine whether Permittee is complying with the provisions of this agreement and to perform acts necessary or proper for the protection, preservation, maintenance, reconstruction, and operation of the public right-of-way. 11, TERMINATION. In the event of breach of any of these permit terms, City shall have the right to immediately terminate this permit, to re-enter and repossess the premises, and to hold the same as though this permit had never been made or issued. In addition, this permit may be terminated as to all or part of the premises when needed for public purposes, or when the City determines that it is in the public's best interest, upon giving of a 30-day written notice to Permittee of its intent to terminate same. In the event of such termination, Permittee waives its rights to make a claim for any losses or damages suffered thereby. In the event of termination, regardless of how effected, Permittee shall, by the date of the termination, peaceable and quietly leave, vacate completely and surrender the premises, removing those improvements and fixtures placed or made by Permittee. If any improvements or fixtures are not removed from the premises and the premises are not completely vacated by the termination date, City may proceed to remove the same, and Permittee shall pay City, upon demand, the reasonable cost to City of such removal. 12. WAIVER. Time is of the essence of every provision of this permit. Failure of City to object to the violation of any provision of this permit shall not be deemed a waiver by City of a subsequent similar breach or of City's right to demand strict performance by Permittee. Date: Date: Signed: Signed: Permittee, Permittee, Permit granted this day of , 2009, for the above named Permittee to use the premises on the terms specified above. Title: City Surveyor G:Vubwrksteng109.25 ROW Encroachment Ordl3-Eng12009-10-14%ROW Guidelines.doc Page 37 of 44 APPENDIX B SITE PLAN AND OPERATION & MAINTENANCE PLAN Issued. PUBLIC WORKS ENGINEERING Revised '.ash/and.ords 541-488.5587 Fax, 541-488.6006 G:\pub-wrks\eng\09-25 ROW Encroachment Ord\B_Eng\2009-10-14\ROW Guidelines.doc (11.18.2008) 38 of 44 --EXAMPLE FORM FOR SITE PLAN AND MAINTENANCE LANSUBMITTAL-- APPENDIX B SITE PLAN AND OPERATION & MAINTENANCE PLAN Issued. PUBLIC WORKS ENGINEERING Revised www.ashland.or:us 541-488-5587 Fax: 541-488-6006 G:\pub-wrks\eng\09-25 ROW Encroachment Ord\B_Eng\2009-10-14\ROW Guidelines.doc (11.18.200 39 of 44 --EXAMPLE FORM FOR SITE PLAN AND MAINTENANCE LANSUBMITTAL-- APPENDIX B .inspection Maintenan Ch~e~ckl st F - $ P/811tiS f CONDITIONS TO CHECK FOR ACTION NOTE MAN-HR M 1. Vegetation is overgrown or Trim, prune, and weed to provide appealing none 2-4 dominated by weeds. aesthetics. Follow City vegetation mh/100 sf management guidelines. M 2. Weeds occupy more than 20% of the Remove weeds to less than 5% of the 2 0.5-1 landscaped area. landscaped area. mh1100 sf M 3. Invasive Species, Poison ivy, other Remove poisonous vegetation or insect nests 2,5 1-2 poisonous vegetation, or insect nests using best professional judgment of methods mh/100 sf resent a safety hazard. and safety precautions. S 4. Unsightly accumulation of trash or Remove and dispose of trash or debris. 2 0.5 mh/cf M debris M 5. Noticeable erosion such as rills in Identify cause of erosion. Slow down or 4 1-2 S landscaped areas spread out surface water flow. Fill, contour, mhRree and seed eroded areas. A 6. Limbs or part of trees or shrubs are Trim or prune trees or shrubs to restore 2 2-4. split or broken, affecting more than 25% shape. Do not top. Replace severely mhltree of the total fa a of the lant damaged trees or shrubs. M 7. Trees or shrubs have been blown Inspect for injury to stem or roots; replant if none 1-2 over or knocked down. possible. Replace if severely damaged mhAree A 8. Trees or shrubs are leaning over, Place stakes and rubber-coated ties around none 0.5-1 exposing the roots. young trees or shrubs for support. mh/tree f = Inspection frequency A= ally, Af=monthly, S=e ter stormy 0.8" per hour or more " See the discussions in this chapter on work in sensitive areas and on permits and regulations prior to performing work in streams or wetlands. NOTES: 1. Procedures-Consult the City Engineer prior to performing work. 2. Waste management-Dispose per Oregon Department of Environmental Quality standards. 3. Sensitive area-Consult the appropriate section of this chapter prior to performing work. 4. Timing-Check for optimum seeding/planting time. 5. Safety-Follow all safety protocols. 6. Water quality-Perform during prolonged dry periods or install temporary erosion and sediment control (TESC) features prior to performing work. Issued: PUBLIC WORKS ENGINEERING Revised www.ashlend.or.us 541-4885587 Fax: 541-488-6006 IC0170b G\pub-w0s\eng\09-25 ROW Encroachment 0rd\B_Eng\2009-10.14\R0W Guidelines.doc (11:18.2008) 40 of 44. APPENDIX C Appendix C: Resolution and Ordinances 2989 & 2990 G:\pub-wrks\eng\09-25 ROW Encroachment Ord\B_Eng\2009-10-14\ROW Guidelines.doc (11.18.2008) 41 of 44 ORDINANCE NO. AN ORDINANCE AMENDING AMC CHAPTER 13 TO ESTABLISH STANDARD FORMS FOR RIGHT-OF-WAY REGULATION AND PROVIDING FOR DONATION OR LOAN OF FUNCTIONAL ITEMS Annotated to show cl 'tee and additions to the code sections being modified. Deletions are bold 4ned4hfGugh and additions are in bold underline. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the . foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. Ci of Beaverton v. International Ass'n of Firefighters Local 1660, Beaverton Shoo, 20 Or. App. 293, (1975); and WHEREAS, the 2008 Downtown Task Force made several recommendations to the City Council concerning the use of City sidewalks for commercial and other purposes, including: Issues 5 - 7, as outlined on the Task Force Summary Report which concern, inter alia, more equitable allowance for use of the public right-of-way for private commercial use, a more consistent encroachment permit process, including standards for placement of functional objects (planter boxes, benches, trash cans, etc - with allowance for private placement of such public use items), control over the placement and maintenance of miscellaneous publication racks and news-racks within the downtown; and WHEREAS, the City of Ashland wishes to modify and update City Ordinances relating to use of City right-of-way to provide for standard forms and to make allowance for donation or loan of functional items; and THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS SECTION 1. The recitals set forth above are true and correct and are incorporated herein by this reference. SECTION 2. AMC Section 13.02.040 is hereby amended to read as follows: 13.02.040 Permission Required Page 1 of 3 A. Prohibition. Except as provided in AMC 13.02.040.C. no No person or enti may occupy or encroach on a public right-of-way without the permission of the city. The city grants permission to use public rights-of-way, by franchises, licenses, concessions and permits. B. Standard forms. Franchises, licenses, concessions and permits for use of public rights-of-way. shall comply with all applicable requirements for occupancy or encroachment of such areas as set forth in Chapter 13.03 and other applicable provisions of the Ashland Municipal Code. Franchises, licenses concessions and permits shall be submitted on a City standard form franchise, license, concession, or permit template, together with reauired fees, if any. Such standard form templates and fees may be adopted and amended by the City Council by Resolution. C. City Functional Items. The City of Ashland is not required to obtain permits or other City authorizations to place City utilities, facilities or other structures, in the right-of -way, including "functional items" intended for public usage. City functional items include, but are not limited to, a City standard bench, water fountain, planter box, garbage receptacle, ash can, bike rack, bollard, publication box, or other functional items identified by Resolution of the City Council. The City Council Resolution shall identify functional items and establish minimum standards for such items. D. Donated or Loaned Functional Items. An abutting property owner together with the occupant may donate or loan to the City of Ashland a City standard functional item for use in an adjacent sidewalk permit area. Other -persons or entities may also donate or loan functional items, for use in non-adjacent public areas. Items accepted on loan require insurance and a maintenance / hold harmless / indemnity agreement in the standard approved form. Donated items do not require insurance or a maintenance agreement but the donations must be accepted by the City to be eligible for placement. The City Administrator is delegated authority to accept or reject donations and loans for purposes of this Chapter, in the Administrator's sole discretion. After demonstrated compliance with this section, the City Public Works Director may authorize in writing the placement of a donated or loaned city standard functional item, in locations meeting, at a minimum, the six foot or eight foot clearance requirement of AMC 10.64.010 or in approved locations shown on an adopted Downtown Sidewalk Usage Map. Items not strictly complying with minimum standards for such City functional items, (e.g. - a decorative art bench) may be permitted through the public art process in AMC Chapter 2.17. E. Penalty. Knowingly occupying or encroaching upon a public right-of-way without the permission of the City shall be considered a Class C misdemeanor offense, subject to the limitations of AMC 1.08. Violation of any code requirement, agreement, permit, license, or provision thereof. Page 2 of 3 Including any term, standard, requirement, or condition shall be considered Class A violation punishable as provided in AMC 1.08. SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and . clauses. SECTION 4. Savings. Notwithstanding this amendmentfrepeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 5. Delayed Effective Date. In order to allow time for the City Council to adopt standard forms and implementing documents, this Ordinance shall not be effective until November 1, 2009. SECTION 6. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 1, 3-6) need not be codified and the City Recorder is authorized to correct any cross- references and any typographical errors.. The foregoing ordinance was first read by title only in acc rdance with Article X, Section 4) of the City Charter on the day of 2009 and du ASSED and ADOPTED this day of 2009. Barbara M. Christensen, City Recorder SIGNED and APPROVED this 7-7- day of , 2009 J" Stromberg, Mayor Reviewed as to form: Rich d App II ' "ty Attorney Page 3 of 3 ORDINANCE NO. olft2O AN ORDINANCE AMENDING AMC CHAPTER 13 ADDING UNIFORM SIDEWALK REGULATIONS AND REPEALING AMC 6.44 Annotated to show deletions and additions to the code sections being modified. Deletions are bold Uned-thrGugh and additions are In bold underline. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v. International Ass'n of Firefighters, Local 1660. Beaverton Shop. 20 Or. App. 293, (1975); and WHEREAS, the City of Ashland does not ban constitutionally protected speech and expression on City sidewalks, provided such speech and expression does not obstruct pedestrian traffic, consistent with AMC Chapter 10; and WHEREAS, the City of Ashland prohibits all commercial activity (sidewalk vending) on City sidewalks except for certain limited activities (i.e. the sale of only certain narrowly drawn categories of goods) which have been shown, based on the record of this proceeding, to fulfill a special public need for such goods. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS SECTION 1. The recitals set forth above are true and correct and are incorporated herein by this reference. SECTION 2. AMC Chapter 6.44 [SIDEWALK CAFES] is hereby repealed. SECTION 3. A new Chapter AMC 13.03 [Sidewalk Cafe', Special Event and Publication Box Regulations] is hereby added to read as follows: 13.03 Sidewalk Cafe. Special Event and Publication Box Regulation 13.03.010 Purpose. Page 1 of 12 The Purpose and intent of this chapter is to protect and promote a safe environment within the public riahts•of way of the City of Ashland, specifically on City sidewalks. The purpose of this chapter is to recognize a special public need for sidewalk dining as It relates to economic development and tourism in Ashland. Similarly, this chapter recognizes the special public need for Citv sponsored special commercial sales events to promote tourism and economic development. Finally, this chapter recognizes the special public need for publication boxes to guarantee the free exchange of information. Notwithstanding this public need, the placement of objects on the public right of way requires adequate regulation to ensure its primary purposes, which include: Uninhibited pedestrian access on sidewalks Access enterina and exitina vehicles parked in the right of way Maintenance of utilities within the right of way Emergency service access to persons both within the right of way and on private property. It is also the intent of this chapter to recognize the importance of the aesthetic quality of the public rights of way by providing minimum standards to maintain a positive visual streetscape for the City of Ashland that promotes the enjoyable use of the right of way for all of its intended and legal purposes. This is achieved through the following: Materials and Construction Standards Maintenance and Safety Standards Placement. Clearance and Spacing Requirements Procedures for Abatement / Removal Penalties 13.03.020 Definitions A. Abutting property owners and occupants. Any owner or occupant of property which abuts the subject adjacent sidewalk permit area. B. Adjacent sidewalk area. That portion of the public sidewalk between the curb line and the property line demarcated by extending the side building lines of the premises until they intersect the curb. C. Downtown Sidewalk Usage Map IDSUMI. A detailed map of the Ashland Downtown District adopted by Resolution of the Ashland City Council. The DSUM graphically demonstrating the sidewalk areas available for occupancy or encroachment under this Ordinance. D. Sidewalk Permit Area. That area of a City Public sidewalk being lawfully utilized by a person or entity pursuant to a permit or agreement with the City of Ashland for the limited purposes set forth in this ordinance. Lawful use for Page 2 of 12 purposes of this Chapter means compliance with all applicable Federal. State, and local laws and regulations, including but not limited to full payment of fees, rates and charges, if any. 13.03.025 Limited Applicability to Designated Zones Permits and agreements for occupancy or encroachment of the sidewalk permit area are available only if the property is located in one of the following zoning districts: C-1-D (Commercial Downtown). C-1 (Commercial), or E-1 (Employment). Only lawful use is permitted. Lawful use means only the limited uses and activities identified herein (sidewalk dining and special event) and consistent with and in compliance with all other applicable laws, including City land use regulations and controls, and all other applicable Federal. State. County and City regulations. All other sidewalks outside the above designated zones are not available for sidewalk usage by permit or concession, other than exempt activities and uses. (functional itemsl. or interim uses specifically provided for herein. 13.03.030 Exempt Activities: City Seasonal Event usage Notwithstanding any provision to the contrary in this Ordinance, the City Council may, at Its discretion and upon such conditions as it deems appropriate, grant permission to adjacent owners and occupants, by special permit for free use of the sidewalk permit areas in the commercial zones of the City for designated seasonal events. Such seasonal events shall be designed and structured to fulfill a special public need to promote tourism and economic develonment. Such Seasonal Event permits shall be initially limited to three days the week before the Memorial Day weekend and three days the week after Labor Day weekend and shall require a Sponsor to Qrovide Insurance. The City Administrator is delegated authority to grant permits for the above-referenced three-day events. The Council may by Resolution establish additional seasonal event days and may also establish standard forms with terms and conditions for Participation in such events. 13.03.035 Interim Regulations for Publication Boxes (News-Racks and Publication Racks The City intends to provide standard publication boxes as City functional items )See AMC 13.02.040.C & Dl for use by Individuals and entities desiring to distribute written materials, regardless whether such publications are offered for free or for a charge. Said publication boxes to be Provided by the city shall be located on sidewalks or other public areas in designated locations meeting placement clearance and separation standards or as otherwise designated on the adopted Downtown Sidewalk Usage Map. City standard Publication boxes will at first supplement and later replace privately owned boxes meeting minimum dimensional standards at approved public locations. Until City Placement of Page 3 of 12 such City standard publication boxes fanticioated to take a number of yearsl interim regulations and controls on existing Publication boxes (inclusive of news- racks, boxes and other publication racks) shall apply. Unless extended by Council action, all publications must use City publication boxes or be located on private property or in designated areas or free publication zones by July 1, 2012. Unless compliance is exempted, Interim Regulations require compliance with all applicable provisions of AMC 13.03, all special regulations noted therein, and standard forms adopted pursuant to AMC 13.02. Modest fees and charges (sufficient to cover maintenance) may be assessed for use of City publication boxes. City boxes shall be assioned by loh Privately owned publication boxes will continue to be permitted on private property, with the permission of the owner, and in designated areas and free publication zones, provided they do not interfere with ingress and egress pursuant to Building and Fire Codes. 13.03.040 Application. Permit Fees and Rates The form of the application for occupancy or encroachment on sidewalks shall be established by Resolution of the Council. The application fees and square footage rates or oross sales rates, if any, shall also be established by resolution of the City Council. The Resolution approving such fees and rates shall provide for the annual adjustment of fees and rates by the CPI for the Previous calendar year, without the need to formally amend the resolution. Notwithstandinq the above the City Administrator may establish separate applications for exempted or limited activities or interim regulations or waive the application requirement for specified occupancies by written Order: 13.03.050 Permit Application A. Application for an annual permit or agreement to occupy or encroach on sidewalk for the limited purposes authorized herein shall be made at the Public Works Department on an approved application form together with the required fees and charges. The application for permit or agreement shall minimally contain: (11) A completed application form. signed by the abutting property owner and occupant: and. (2) A submittal in full of the rental rate equal to the annual (12 month) rental rate for the square footage of the adiacent sidewalk Dermlt area requested: and. (3) A scale diagram of the sidewalk permit area, with dimensions and the location and description of all structures. materials and activities shown: and (4) An executed standard form release, hold harmless, and Indemnity agreement as well as certificates of insurance and endorsement form. (S)Other information shall be provided as required by the Public Works Director to carry out the purpose of this chapter. Page 4 of 12 The Public Works Director shall forward all applications for review to the Fire Marshall. Building Official and the Director of the Community Development Department. Reviewing Departments shall provide Input as to conflicts with City codes, including but not limited to Building. Fire and Land Use Codes. If the proposed use is not in compliance with zoning and land use regulations and approvals the use shall be denied. 13.03.060 Criteria A. The Public Works Director shall review the application for its strict compliance with the mandatory criteria listed below. There are no variances or exceptions to the criteria of this ordinance. 1. Location Within a Permitted Zone. Permits and agreements for occupancy or use of the sidewalk permit area are available only if the property is located in one of the following zoning districts: C-1-D Commercial Downtown C-1 (Commercial), or E-1 (Employment). 2. Use of Building Occupant. A sidewalk permit area may be approved only for use of the adiacent occupant, with the consent of the property owner, if different 3. Minimum Si*-Fe*LClearance Except as specified on the Downtown Sidewalk Usage Map, when the sidewalk is eleven feet or more in width, there shall be at least eight (8) feet clear and unobstructed passageway between the sidewalk permit area boundary and any City owned or controlled fixtures or structures: when the sidewalk is less than eleven feet in width, there shall be at least six (6) feet clear and unobstructed passageway between the sidewalk permit area boundary and any City owned or controlled fixtures or structures. Fixtures or structures includes but not limited to fire hydrants, benches barriers street trees, bike racks, lamp posts, sign posts, or the curb edge, whichever is closest. The Public Works Director may require more clearance if necessary to' accommodate pedestrian movement and ADA access. 4. Other Placement Standards. Except as specified on the Downtown Sidewalk Usaae Map, neither the sidewalk permit area itself, nor any obiectlocated therein shall be placed, installed, used or maintained: a) Within six feet W)of the outer edge of any roadway. b) Within ten feet (10'lof any crosswalk cl Within six feet (6') of any fire hydrant or other emergency facility d) Within ten feet (101 of any driveway or alley entrancelexit e) In the public right of way within any un-authorized zoning district, including all residential zoning districts Page 5 of 12 f) Within 3 feet (3') from either end of approved bicycle parking U-racks g) Within the footprint of any bus stop areas. h) Within fifteen feet of an Intersection. Notwithstanding the above, certain functional items fe.g. publication boxesl may be located within 24 inches of the roadway edge/ curb face. 5. Materials and construction standards. All temporary structures or object (including furnishings such as tables and chairs), placed in the sidewalk permit area shall be of a weatherproof and sturdy construction, (i.e. solid wood, iron, non-corrosive metal, cement, or similar material). Except when otherwise specified in a Council Resolution, plastic is prohibited as suitable materlal for structures and furnishings: similarly, materials which stain or damage the sidewalk are prohibited. Said items shall comply fully with all applicable regulations, including building codes, land use ordinances and Resolutions of the city. The City Council may adopt by Resolution material and construction standards, fincluding tvpicalsl, for public furnishings placed in the sidewalk permit area. 6. Maintenance and installation standards. Any item placed, installed or maintained within the sidewalk permit area shall be subject to the following maintenance standards: a) No ob'ect shall be chained bolted or otherwise attached to an fixture tree or city functional item located in the public right of way, nor shall any object be attached to the surface of the right of way. b) Objects shall be designed and constructed to be movable by one person and where practical, wheels shall be attached or attachable to allow for ease of movement. c) Objects placed in a sidewalk permit area shall not be used to viola any other applicable code, including provisions and limitations on signage. d) Objects, such as furnishings, placed In the sidewalk permit area shall have information affixed to the exterior of the object Including the name and address of the owner and the name of the establishment with which the object is associated includina an emergency contact number. e) Objects occupying the sidewalk permit area shall be maintained In a clean and orderly condition and in good repair at all times. This includes but is not limited to maintaining a condition which is reasonably free of dirtrust and -grease. The Item Is reasonably free of chipped faded peeling or cracked paint. All structural and/or moving parts are in working order and pose no safety hazard to the public. Any class or plastic (such as displav windows) are unbroken and reasonably free of cracks, dents, blemishes and discoloration. Q Objects must maintain a weather proof or weather resistant quality. Page 6 of 12 g) Objects shall be designed to be stable and self supporting under a wind load of at least 20 pounds per square foot without attachment to the pavement or any other object. 7. Illegal structures or usage. No sidewalk permit area will be approved if the permit area or six foot clearance area adlacent to the permit area contains structures, fixtures, obstructions or materials which have been Illegally placed or affixed to or in the City right-of-way. For purposes of this ordinance Illegal structure or usage Includes not only items placed or activities conducted without a permit but also items or activities which were initially placed or conducted lawfully but for which the owner/operator has failed to maintain current payment to the City. 8. Minimum Square Footage. Except for functional objects, the sidewalk permit area is a minimum of fifty (50) square feet or as otherwise designated on the Downtown Sidewalk Usage Map. This provision does not apply to interim regulations for publication boxes. 9. Minimum Duration. The minimum duration of the permit is Yearly (twelve months, whether or not the entire year is available for use). This provision does not apply to interim regulations for publication boxes. 10. Arrearages to the City or Pending City Violations. No sidewalk permit area will be approved for one year after a person or entity applying for the permit has been found in violation or is currently subject to an active violation proceedings for violation of the City of Ashland Municipal Code concerning or relating to the activity to be conducted in the permit area. This includes but is not limited to actions for failure to maintain business license, arrearages of other delinquency in food and beverage tax receipts, transient occupancy taxes or unpaid balances under the prior sidewalk dinina ordinance. 11. Alcoholic beverages. The Public Works Director shall forward all applications for review by the City Recorder for any proposed use which involves alcoholic beverages. Written approval of the designated City official in accordance with City ordinances is required for any such proposed use. in addition to state regulatory requirements. 12. Liability Release. Indemnity. Hold Harmless, and Insurance. No sidewalk permit area will be approved without an executed release agreement and insurance certificates as required by AMC 13.03.070. 13.03.070 Liability Release. Indemnity. Hold Harmless Agreement and Insurance Prior to the issuance of permit. Permittee shall: Page 7 of 12 A. Furnish a sinned Release. Hold Harmless and Indemnity agreement, in the City standard form, that the Permittee shall release and hold the Citv of Ashland harmless, as well as defend, indemnify and hold harmless the City, its officers and employees, from any and all claims for damages to property or Injury to persons which may occur in connection with an activity carried on under the terms of the permit. The agreement shall also release the City from any and all liability to the Permittee. B. Furnish and maintain such personal iniurv, property damage and general liability insurance as will protect Permittee and City from all claims for damage to Property or bodily injury, including death, which may arise from operations under the permit or in connection therewith. Such insurance shall provide coverage of not less than the amount of municipal tort liability under the Oregon Tort Claims Act. Such insurance shall be without Prejudice to coverage otherwise existing and shall name the City, its officers and employees, as additional insured, and shall further provide that the policy shall not terminate or be canceled orior to the expiration of the permit without 30 days written notice to the City.. C. For functional items and items subject to interim regulations, the standard agreement lanquane may be incorporated into standard applications and//or permits forms and insurance requirements to add the city as additional insured shall be deemed waived. . 13.03.080 Conditions of Permit. A. Requirements for all sidewalk permit areas: 1. Each permit issued shall terminate December 31st of the year in which it is issued, or earlier as specked on the face of the Permit Requests for renewals shall be filed with the Public Works Department prior to the expiration of the original Permit. Renewals filed prior to expiration require a deposit of bniv six (6) months rental rate, unless the applicant has Previously been In arrears in which case the deposit shall be the full annual rental rate. The Public Works Director may approve, approve with additional conditions, or deny the request for renewal Unless fees are waived for the type of request no application shall be accepted for renewal without a renewal application fee as specified on the City Council Fee resolution. 2. The Permit issued shall be personal to the Permittee only and is not transferable in an manner. 3. The permit may be temporarily suspended by the Public Works Director in the event of an emergency as provided in AMC 2.62 or upon approximately forty- eight hours advance notice if the public interest requires use of the right-of-way or sidewalk permit area for a public event construction repair, or any other purpose. The City will attempt to provide notice of sald suspension as soon as Page 8 of 12 practical. The City shall not be responsible for any loss or damage claimed by the Permittee for such closure, except that Permittee shall be entitled to a refund of the rental rate based on a pro rated calculation of rates based on days of closure. 4. The permit is specifically limited to the area approved or as modified by the Public Works Director, and will include a diagram indicating the area aooroved and the location of the materials permitted to be in the right-of-way. 5. Only those things authorized by the permit and shown on the diagram may be placed in the sidewalk permit area. Should the Permittee not utilize the sidewalk permit area as authorized for a period of seventy-two (72) hours or more, all the materials shall be removed. 6.All required federal, state, and local permits and authorizations for the proposed use, [e.g. food service OLCCI shall be obtained and complied with prior to the occupancy, including specifically any access modifications or parking improvements required to be completed prior to the commencement of the occupancy. 7. Issuance of this permit does not authorize violation of any federal, state or local law. including Cltv sign regulations. 8. Smoking shall not be allowed in any sidewalk permit area. 9. Sidewalk permit areas must be supervised by Permittee or its employees. except for functional items or items subject to temporary regulations. (but see special reculationsl 10. The permit authorizing use of the sidewalk permit area must be visibly displayed during occupancy of the permit area. 11. The City of Ashland has the right to repeal or amend this Chapter and thereby terminate or modify all private sidewalk usage or operations. No Permittee shall obtain any property right in the continued private use of the public sidewalk. 13.03.090 Denial. Revocation, or Suspension of Permit. A. The Public Works Director may deny, revoke or suspend the permit upon finding that any provision of this chapter or condition of approval has been violated. The permit or agreement shall be suspended if the rental rate is not fully paid within three working days of the due date or if the Permittee fails to maintain required insurance. The permit or agreement shall be suspended if the Pennittee fails to strictly abide by the boundaries of the sidewalk permit area. Page 9 of 12 B. The Public Works Director shall give notice of denial, revocation, or suspension to the applicant or Permittee in writing stating the action which has been taken and the reason therefore. The action shall be effective immediately for a denial and upon the expiration of the appeal period f10 davsl for a suspension or revocation. Appeals shall be processed as provided in AMC 2.30. if an appeal of a suspension or revocation is properly filed, the suspension or revocation shall be staved until resolution of the appeal. Upon hearing the matter, the City Administrator shall render a final written decision. This remedy Is not exclusive, the City may also cite violations to Court fincludina daily fines) in addition to the remedy sot forth above. 13.03.095 Constitutionally Protected Activity. Nothing in this ordinance prohibits or restricts constitutionally protected speech and expression which does not obstruct the free flow of pedestrian traffic on the sidewalk and right-of-way. 13.03.100 Interim Special Regulations for Publication Boxes. In addition to all other applicable criteria, standards and requirements in AMC 13.02 and 13.03, the following special regulations for publication boxes are imposed. A. Unless otherwise designate on the Downtown Sidewalk Usage Map, any publication box placed in whole or partially within the right of wav shall be located in aroupinas with a linear dimension of no greater than twelve feet. Publication boxes shall be placed immediately abutting other publication boxes within the approved grouping location. A publication box grouping shall be placed a minimum of 200 feet from the closest existing grouping on the same side of the street. All publication boxes shall be 24 inches off the curb face to minimize conflicts between vehicle doors opening into the sidewalk. B. Unless otherwise designated In the Resolution establishing standards for functional items, no individual publication box shall exceed five feet in height, thirty inches in width or two feet in thickness unless specifically approved by the Public Works Director for publication boxes that serve multiple publications/vendors/distributors. C. Publication boxes shall contain a system to prevent contents from spilling out of the container such as clasping door systems, spring loaded auto closing doors, etc. D. Each publication box shall be designed, installed and maintained to protect the contents from weather related hazards such as wind, rain, snow, etc Page 10 of 12 E. Each publication box shall display only its contents in a clear glass or plastic window. F. In the event a publication box remains empty of its contents and unused by its owner for a period of more than 30 consecutive days, the publication box shall be deemed abandoned and is subject suspension or revocation or summary abatement as outlined herein. 13.03.110 Penalties A. Knowingly occupying or encroaching upon a public right-of-way without the permission of the City shall be considered a Class C misdemeanor offense subject to the limitations of AMC 1.08. B. Any violation of the requirements of this chapter, not addressed in A above. shall be a Class A violation as defined by AMC 1.08 and punishable as set forth in that section. C. The City Administrator or designee is authorized to issue a citation to any person violating the provisions of this chapter. Issuance of a citation shall trigger revocation of the permit or agreement under Section 13.03.100 and in the event of conviction, no permit shall be issued to the same person, entity or address, for a period of at least two years. 13.03.115 Summary Abatement. If the condition of any item tin the City right of way, including any street or sidewalk is such that it creates a risk of serious injury to the persons or property the Public Works Director is authorized to pursue summary abatement in accordance with Chapter 1.08 and to charge against the responsible owner/operator the full costs of such abatement. SECTION 4. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION S. Savings. Notwithstanding this amendmentfrepeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. Page 11 of 12 SECTION 6. Delayed Effective Date. In order to allow time for the City Council to adopt standard forms and implementing documents, this Ordinance shall not be effective until November 1, 2009. SECTION 7. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 1, 4-7) need not be coded and the City Recorder is authorized to correct any cross- references and any typographical errors.. The foregoing ordinance was first read by title only in acco dance with Article X, Section 2(C) of the City Charter on the 6i?S day of 2009 and duly P SSED and AD/OOPTED this m'.L_ day of _,2009. Barbara M. Christensen, City Recorder SIGNED and APPROVED this ZZ- day of 2009 J Stromberg, Mayor Reviewed as to form: - Ir'n, / Richard Appicello C Attorney Page 12 of 12 APPENDIX C RESOLUTION NO. 2009- A RESOLUTION ADOPTING RIGHT-OF-WAY ENCROACHMENT GUIDELINES, STANDARD FORMS, IDENTIFYING AND ESTABLISHING MINIMUM STANDARDS FOR FUNCTIONAL ITEMS, AND THE DOWNTOWN SIDEWALK USAGE MAP. WHEREAS, On July 21, 2009, the Ashland City Council adopted Ordinance #2989 "An Ordinance Amending AMC Chapter 13 To Establish Standard Forms For Right-of-Way Regulation and Providing For Donation or Loan of Functional Items", and WHEREAS, On July 21, 2009 the Ashland City Council adopted Ordinance #2990 "An Ordinance Amending AMC Chapter 13 Adding Uniform Sidewalk Regulations and Repealing AMC 6.44, and WHEREAS, In order to allow time to adopt standard forms and implementing documents the ordinance becomes effective November 3, 2009, and WHEREAS, the Ordinance requires that standard forms, Indentifying and Establishing Minimum Standards for Functional Items, and a Downtown Sidewalk Usage Map (DSUM) be established by Resolution, THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The Right-of-Way Encroachment Guidelines which includes standard forms and identifies and Establishes Minimum Standards for Functional items, and the DSUM," marked "Exhibit A" and attached to this Resolution, is adopted. SECTION 2. Pursuant to AMC Chapter 13.03, the City Council ratifies the City Administrator's Order concerning the timing of submission of publication box applications, specifically: Publication box applications under interim regulations in AMC 13.03 may be submitted to the City between October 21, 2009 and December 1, 2009. All applications must be received and deemed complete by December 1, 2009. Between December 1, 2009 and December 15, 2010, the City will, by lottery in accordance with AMC 13.03, assign spaces on the Downtown Sidewalk Usage Map. All boxes shall be moved into assigned spaces or to the Publication (NO FEE) zone by January1, 2009. Fees for occupancy of spaces will commence on January 1, 2009.R SECTION 3. This Resolution shall be effective November 3, 2009. SECTION 6. This resolution was duly PASSED and ADOPTED this day of , 2009, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder G:\pub-wrks\eng\09-25 ROW Encroachment Ord\B_Eng\2009-10-14\ROW Guidelines.doc (11.18.2008) 42 of 44 APPENDIX C SIGNED and APPROVED this _ day of September, 2009. John Stromberg, Mayor Reviewed as to form: Richard Appicello, Assistant City Attorney G:\pub-w&\eng09-25 ROW Encroachment Ord\B_Eng\2009-10-14\ROW Guldelines.doc 111.18.2008) 43 o144 APPENDIX D Appendix D: The Downtown Sidewalk Useage Map (DSUM) G:\pub-wft\eng\09-25 ROW Encroachment Ord\8_Eng\2009.10-14\ROW Guidelines.doc (11.18.2008) 44 of 44 r @ Y NrL o'rE 9 Q fr O g~ O 0 £aa n Z~ E 4 f IF. Y ~ xn V per. L.1 ri II r~ ~ rz. ~~,~,4 ' f E ~~~i,. BAs" ` . l y< ir 1'r fill m?01 11 J p 1( \ J 1 -f ~ - I ~4 y naeon e ff~jeciaE Ba Oo - CITY OF ASHLAND Council Communication Timetable Extension and Timetable Tolling - Ordinance Initiation Meeting Date: October 20, 2009 Primary Staff Contact: Bill Molnar Department: Community Development E-Mail: molnarb ,ashland.or.us Secondary Dept.: Administration Secondary Contact: Adam Hanks Approval: Martha Bennep/~J Estimated Time: 30 minutes Question: Does the Council have further direction to the Planning Commission with respect to planning application timetable extensions and planning application timetable tolling? Staff Recommendation: Staff believes that it would be fair to amend the Land Use Ordinance so that the approval timetable would be suspended or tolled for appeals outside the local approval process, as is the case with appeals to LUBA or the circuit court. In such cases, the planning application has been found by the local approval authority, on more than one instance, to have met all applicable approval standards described in the Land Use Ordinance. It would seem unfair in the mind of an applicant that after having complied with the City's land use process, to have the application deemed invalid because the approval expired during an extended appeal process. Staff also originally recommended that the city grant a one-time extension for projects in response to the economic downturn and restrictive commercial lending. Does the Council have further direction on this item, such as a suggested length of extension? Should a decision on whether or not to grant an additional time extension take into account ordinance changes that became effective after the initial planning application approval? Background: At the August 4`h meeting, the Council discussed the idea of amending Ashland's Land Use Ordinance with respect to extending the timetables for previous approved planning applications due to the economic recession, and tolling the timetable for decisions appealed to LUBA and/or appellate court. Rather that evaluate the merits of a draft ordinance, the Council requested that staff put the two issues before the Planning Commission. Research by staff has identified the cities of Portland, Newberg and most recently Eugene as having passed ordinances extending the timetable of previously approved planning applications. This council communication is intended to provide a brief update on the Commission's discussion as well as any direction they provided staff. The two issues can be summarized as follows: Land Use Approval Timetable Extension The global economic downturn starting in 2006 has resulted in a significant slow down in the submission of development applications and general building activity. Constrained financing for projects has resulted in applicants having to forego initial timelines for project completion, putting approved proposals in an indefinite holding pattern. In an effort to be responsive to new challenges Page 1 of 3 CITY 'OF ASHLAND related to obtaining project financing, the city could consider enacting legislation that automatically extends the approval period. Land Use Approval Timetable Tolling/Suspension The Ashland Municipal Code does not expressly toll or suspend approval timetables should a project be subject to an appeal to LUBA or the Circuit Court. Often Planning Division staff receives inquiries from applicants or their legal counsel regarding whether or not the approval period for the project is automatically suspended, while under appeal at the State or Circuit Court. Appeals may take several months or more, and without a tolling provision, an approval may expire even if the applicant prevails in Court or at the Land Use Board of Appeals (LUBA). Planning Commission Discussion - September 15, 2009 Staff placed this item on the Commission's agenda at their regular meeting on September 15, 2009, not to solicit input on the draft ordinance language presented to the Council, but merely to have a general discussion related to the possible merits or drawbacks from such a proposal. The Commission supported the concept of tolling or suspending the planning application timetable during the appeal process to LUBA or circuit court. The Commission was split on the proposal to grant an additional extension to the application timetables of previously approved actions due to circumstances related to the economic downturn in the national economy. Proponents felt the economic conditions necessitated extensions, while those opposed to an additional extension were concerned about potential ordinance changes in the interim that could result in changes to the proposal. Related City Policies: Comprehensive Plan Goal 7.07.03, Policy VII-4 - The City shall take such actions as are necessary to ensure that economic development can occur in a timely and efficient manner. Council Options: The Council could direct staff to continue working with the Planning Commission on developing amendments to the Land Use Ordinance - Chapter 18 - with respect to timetable exteysions and timetable tolling or suspension. The Council could direct staff to continue working with the Planning Commission on developing amendments to the Land Use Ordinance - Chapter 18 - with respect to timetable extensions or timetable tolling or suspension. The Council could direct staff to take no further action with respect to amending the land use ordinance. Potential Motions: 1. 1 move to direct staff to continue working with the Planning Commission on developing amendments to the Land Use Ordinance - Chapter 18 - with respect to timetable extensions and timetable tolling or suspension. Page 2 of 3 CITY OF ASHLAND 2. I move to direct staff to continue working with the Planning Commission on developing amendments to the Land Use Ordinance - Chapter 18 - only with respect to clarifying under what circumstances should planning application timetables be suspended or tolled.. 3. I move to direct staff to continue working with the Planning Commission on developing amendments to the Land Use Ordinance - Chapter 18 - only with respect to timetable extensions necessary to respond to a change in conditions brought about by the economic recession. 4. I move that staff takes no further action in proposing amendments to the Land Use Ordinance with respect to timetable extensions and timetable tolling or suspension. Attachments: • Planning Commission Meeting Minutes - September 15, 2009 • City Council Meeting Minutes -August 4, 2009 Page 3 of 3 Commissioner Marsh closed the record and the hearing at 7:52 p.m. Deliberations & Decision Commissioner Dotterrer commented on the parking requirement and stated he is not convinced this project requires any additional parking. He suggested the Commission consider removing the parking requirement and include a condition that preserves the area in case it is needed at a future time. Staff clarified this type of amendment would require a variance approval. Commissioner Marsh noted this application requires two motions: 1) approval of the site design proposal, and 2) a recommendation to the City Council on the annexation. Commissioner Dawkins/Blake m/s to approve the site design proposal for Planning Action #2009.00784 with the modifications discussed. DISCUSSION: Mr. Severson recited the modifications that would be included in this approval: 1) Condition 5b - Modify to require the Applicant to post a cash deposit or similar approved security instrument for the outlined half-street improvements; for installation of the street improvements to be deferred in order to comprehensively plan the street system; and for the Applicant to provided a right-of-way dedication for the full 63 ft. necessary to improve the street to City standards. 2) Condition 6a - Modify to require the Applicant to provide a Tree Preservation and Protection Plan for all existing trees; and for the multi-trunk Elm tree nearest the Washington St. right-or-way be retained and incorporated into the final landscape/irrigation plan (subject to the arborist's recommendation). 3) Condition 6b - Modify the number of trees approved for removal if the Elm tree can be retained. 4) Condition 6d - Remove the language "to Washington Street and for future improvements". This would still require the Applicant to agree to participate in any future LID for improvements to the Ashland Street intersection. 5) Condition 6e - Modify to require the Landscape/Irrigation Plan to address the landscaping for the frontage, ditch or swale, and walkway to the street. 6) Condition 6a - Modify to require the arborist report address the Siberian Elm along Washington St. 7) Condition 5b - Modify to read "irrigated parkrows" instead of "irrigated street trees." Mr. Severson clarified the fire access issues are addressed in Condition 6k, and he would add the relocation of the trash enclosure to the Landscape Plan on Condition 6a. Roll Call Vote: Commissioners Rinaldi, Blake, Dawkins, Marsh, Dotterrer, Miller and Mindlin, YES. Motion passed 7.0. Commissioners Dawkins/Dotterrer m/s to recommend annexation of this project to the City Council. Roll Call Vote: Commissioners Dotterrer, Mindlin, Dawkins, Blake, Miller, Rinaldi and Marsh, YES. Motion passed 7.0. NEW BUSINESS A. Toiling and Extension Ordinance Initiation Commissioner Rinaldi asked to be excused due to a financial interest in one of the projects that could be affected by these proposals. Commissioner Marsh clarified this item was referred to the Commission by the City Council and asked that they not discuss the ordinance language, but deal with this on a conceptual level. Mr. Molnar noted this issue went before the City Council in July and he provided a brief overview of the two proposals. He stated the questions before the Planning Commission are: 1) Should the Municipal Code include a provision that tolls or suspends approval timetables if a project is appealed to LUBA or Circuit Court, and 2) Due to the recent economic downtown, should the City enact legislation that extends the expiration date of land use applications that were approved between January 1, 2006 and July 1, 2009. In regards to the first item, Mr. Molnar stated the Municipal Code is silent on this subject and when these situations occur staff has encouraged applicants to apply for an extension to protect themselves. He clarified site review approvals for commercial buildings are good for 12 months, and applicants can receive one 18 month extension. Approvals will expire if project construction has not commenced within that 30 month timeframe. Mr. Molnar noted LUBA appeals can take several months or more and an applicant's approval could expire even if they prevail in court. Ashland Planning Commission September 15. 2009 Page 4 or 6 Mr. Molnar explained the second item stems from comments made by applicants about their inability to obtain financing for approved projects due to the economic downturn. He stated a list of projects that are in jeopardy of losing their approval status was handed out at the beginning of the meeting and noted the City of Portland recently adopted a similar ordinance. Mr. Molnar stated Project Manager Adam Hanks and City Attorney Richard Appicello are here tonight and can provide further information on these two proposals. Mr. Hanks came forward and commented on the proposal to extend the approval period due to the recent economic downturn. He asked the Commission to discuss whether the changes in the economy and the commercial credit problems warrant a one- time, date specific extension, or whether applicants should have to resubmit their projects and go back through the approval process. City Attorney Richard Appicello stated the reason for development timetables is to not contract away the police power and stated timetables are necessary to ensure projects are built to the current laws. In regards to the proposal to extend timetables for projects that are appealed, he noted that he frequently gets calls about this and because our Municipal Code does not specifically speak to this, there is no such provision. He stated this is more of a policy question and stated if they agree with the tolling proposal, they may want to consider beefing up the timetable itself so it is more specific as to what is due when. Comment was made questioning what would happen if the conditions for approval change. Mr. Hanks stated this is up for discussion, but currently in order to qualify for the 18 month extension, conditions must be the same or the applicant has to show how they meet the new conditions. Comment was made that the extension for projects that are appealed to LUBA seems to be mixed in with the economic development timetable. Staff clarified this was not the intent and these are two separate proposals. Philip Lang/758 B StreetlQuestioned where the timetable extension proposal originated from and stated it has nothing to do with LUBA appeals or residential construction. He stated this is a very bad idea and should be dropped from consideration. Mr. Lang stated in a year's time, major changes can happen to City standards and this proposal would allow developers to build to the lower and older standards. He stated if older plans are reviewed for compliance with new standards, where are the fees and staff to support such a review, and how does the public know this will be done. Mr. Lang stated this proposal constitutes an indirect giveaway to developers and it is bad public policy. Colin Swales1143 Eighth Street/Stated when the Commission approves a planning action they assume the building will be built and this is not always the case. He stated developers often try to maximize what they can place on their land and soon after Planning Commission approval is received you will see a "For Sale" sign on the property. Mr. Swales acknowledged the economic downtown, but stated developers do not want an extension so they can build the project, they want an extension so they can continue to market it. He recommended these projects come back through the approval process in order to ensure the proposal is in line with the current economic environment, which may mean downsizing if necessary. In regards to the tolling proposal, Mr. Swales questioned how many planning actions this has really affected and questioned the need for this provision. Commissioner Marsh requested the Commission separate their deliberations for the two proposals. Tolling Ordinance (LUBA/Circuit Court Appeals) The commissioners shared their opinions on the proposed tolling ordinance. Dawkins stated this proposal seems fair to him and it is common sense for those projects to receive an extension. Dotterrer was surprised that the City of Ashland did not already have a provision for this and stated he views this as a clean-up measure. Morris agreed that the City should adopt a provision. Blake stated this is a fairness issue and if it is out of the applicant's hands, there should be some adjustments to the timeframe. Miller stated it should be made clear to all parties what the situation is. Marsh agreed with the other comments that have been made and stated there is a fairness issue here and we should not punish the person who has been subject to the appeal. She stated there seems to be consensus from the Commission that the Council should proceed with this ordinance. Ashland Planning Commission September 15, 2009 Page 5 of 6 Extension due to Economic Downturn The commissioners shared their opinions on the proposed extension ordinance. Dawkins stated does not know why they are considering this and does not see a problem with current process. Miller stated applicants should have their ducks in a row before they get started and feels the current 30 month timeframe is adequate. Dotterrer disagreed and feels the Council should take this up. He stated this proposal identifies applications approved during a specific timeframe and does not agree with the argument that this is a subsidy. He stated applicants would still be subject to any changes in the code and voiced his support for the Council looking into this proposal. Moms stated he could go either way, but feels this proposal has some merit and should be looked at further. Blake stated there are compelling arguments on both sides and given the difficultly to obtain construction financing there may be cause for the City to provide some relief at this time. Mindlin stated she is on the fence. On one side she is sympathetic to applicants who are ready to build, but can't receive financing; but on the other side if an applicant has to go back through the City's approval process, the bulk of the work (and expense for preparing the documents) has already been completed and it is just a matter of checking the application for consistency with the current code requirements. Marsh stated she believes these are extraordinary times and feels the Council should look into some sort of additional extension process. She added a lot of details would need to be worked out, but feels this proposal is worth pursuing. Mr. Molnar stated he would report back to the City Council on these two proposals, provide the Commission's comments, and get direction. Marsh clarified the Commission's support for the tolling ordinance and stated while there is not overwhelming support to pursue the extension ordinance, the Commission would be willing to look at this further if directed to do so by the Council. ADJOURNMENT Meeting adjourned at 8:56 p.m. Respectfully submitted, April Lucas, Administrative Assistant Ashland Planning Commission September 15. 2009 Page 6 of 6 ASHLAND CITYCOUNC/L MEETING August 4, 2009 Page 2 of 6 PUBLIC HEARINGS (none) PUBLIC FORUM Mark DiRienzo/1500 E Main Street/Introduced himself as the Executive Director at Science Works Museum and explained that some of the money received from an economic and cultural development grant was going to fund a regional LEGO ROBOTICS competition in December. Prior to that event, NASA has agreed to come to Science Works with a touring trailer truck for an exhibition September 18-20, 2009. In addition to moon rock exhibits, there is an educational component involving LEGO ROBOTICS that would help promote the LEGO ROBOTICS Competition. Mr. DiRienzo was there to ask Council direction on diverting some of the funding for the'competition to support the three-day NASA event. Staff recommended Council provide a formal acknowledgement of reallocating monies due to the grant process. Councilor Navickas[Voisin m/s to allow Science Works to use grant money for the alternative purposes that have been presented. DISCUSSION: Councilor Chapman noted the Budget Committee had originally approved the grantmonies. City Administrator Martha Bennett clarified since the grant was an agreement between the City and the grantee, Council could authorize the reallocation of funds. Voice Vote: all ayes. Motion passed. UNFINISHED BUSINESS 1. Does Council wish to direct Staff to initiate an ordinance to modify the expiration dates of land use application approvals? Project Manager Adam Hanks presented the staff report and explained how a tolling provision would prevent an applicant's approval to expire during the appeals process and the timetable extension would allow a one-time 18- month extension for land use applications approved January 1, 2006 through July 1, 2009. City Administrator Martha Bennett added other jurisdictions initiated this ordinance in response to what occurred to the lending market September 2008 in an effort to avoid duplicating the application process due to only the finance market changing. Currently there were 40-50 applications where tolling or extensions could potentially apply. Colin Swales/Voiced his surprise that the item was on the agenda since it had come from staff without initiation by the Planning Commission or the Council. Recent changes to the land use ordinance included granting an additional6 months to the 12-month extension. Adding another I8 months seemed unnecessary, would apply to commercial projects since residential single family improvements rarely required a land use application and seemed to cater to a specific section of the community. Council discussed concerns with tolling not havinga limit, a re-approval process instead ofaglobal extension and the possibilityof the approval extension taking years with different conditions developing that require consideration and suggested the ordinance go to the Planning Commission for consideration. Councilor Lemhouse motion to direct staff to initiate the Timetable Tolling and Timetable Extension ordinance as proposed, with the understanding that changes may be made throughout the Staff, Planning Commission and Public review. Motion failed due to lack of second. Councilor Silbiger/Chapman m/s to take the proposal to the Planning Commission and not develop an ordinance until the Planning Commission deems one necessary. DISCUSSION: Councilor Lemhouse and Voisin agreed with the motion. Councilor Navickas thought it was a more appropriate way for staff to work with Council and the Planning Commission. Mayor Stromberg referred to an earlier conversation with Councilor Chapman and Ms. Bennett where it was decided that staff would wait for Council direction on drafting ordinances in the future. Roll Call Vote: Councilor Lemhouse, Voisin, Chapman, Silbiger and Navickas, YES. Motion passed. 2. Does Council approve the second reading of an ordinance titled, "An Ordinance Relating to Food and Beverage Tax, Extending the Tax to 2030, and Amending Chapter 434?" Does Council approve the ballot measure? Does Council approve the resolution calling for a special election for November 3, 2009? Council Communication Information Update - Siskiyou Fire Meeting Date: October 20, 2009 Primary Staff Contact: John Kams Department: Fire Department E-Mail: kamsj@ashland.or.us Secondary Dept.: Administration Secondary Contact: Martha Bennett Approval: Martha Bennet Estimated Time: 10 minutes Question: Does the Council have questions about the Ashland Fire and Rescue report on the Siskiyou Fire of September 21, 2009, that occurred south of Ashland? Background: At 1032 hours on Monday morning, September 21, 2009, Ashland Fire and Rescue responded to a reported grass fire near Weisinger's Winery on Siskiyou south of Ashland. All AF&R resources responded to the incident and off-duty personnel were called in to staff reserve apparatus. These resources responded to additional calls within the City, as well as assisting with the Siskiyou Fire and the Green Meadows Fire. The Siskiyou Fire involved local and regional mutual aid efforts as well as SFM strike teams. Deployed resources were challenged by the two significant fire events that were wind driven and difficult to suppress. Ultimately, the Siskiyou Fire was held to 190 acres with only one unoccupied home lost. The fire provided a number of challenges for crews due to the weather and fuel load involved. A unified command was set up with Jackson County Fire District #5 assuming the role of Incident Commander. The immediate concern was the need for a quick evacuation of potentially threatened neighborhoods. As with any major event, many lessons were learned and an opportunity presents itself to make improvements at many command and operational levels. • Structural protection efforts were very successful in concert with aerial operations. AF&R was in charge of structural protection. 4 AF&R engines were utilized in the structure protection branch. • The value of previous vegetation management was realized by homeowners, hand crews, and structure protection resources. • CERT mobilized 54 volunteers and effectively provided evacuation notification to 108 homes in a very timely manner. • Activation of the State Conflagration Act went well. • Public Works did a good job of water updates as well as other utility information. • GIS mapping capabilities were very helpful. • The tactical opportunities map that had been created was utilized with good success • Lessons learned in terms of communication both reinforced some existing protocols as well as highlighted opportunities for improvement in others • IT is investigating options for improving the existing wildfire hotline as well as replacing the system. Page I of 2 11TAX, • IT is looking at streaming the 1700 am radio message on the City's website. • Several mass notification vendors are being evaluated. • Need to develop a policy for updating the City's website in such emergencies. • Need to have a stronger Fire Department presence in internal/extemal communications as well as EOC operations. • Need for AF&R to better utilize command personnel. • Need for better AF&R training for Administration personnel for large scale emergency events. • Need to utilize volunteers in additional support areas. Attachments: None. Page 2 of 2 CITY OF ASHLAND Council Communication Economic Development Strategy Appointments Meeting Date: October 20, 2009 Primary Staff Contact: Adam Hanks Department: Administration E-Mail: adam@ashland.or.us Secondary Dept.: N/A Secondary Contact: John Stromberg Approval: Martha Bennetyy/ Estimated Time: 20 Minutes Question: Does Council approve of the Mayor's appointments to the Economic Development Strategy Policy Group and Technical Advisory Committee, as well as the proposed initial layout of the public involvement? Staff Recommendation: Staff recommends that the Council confirm the Mayor's appointments to both groups and support the proposed public involvement process with the understanding that the Policy Group may adjust the framework as the process unfolds. Background: The development and adoption of an Economic Development Strategy has been a Council goal for several years. In 2008, the City Council increased lodging tax rate from 7% to 9% to provide a funding source dedicated to economic development activities. Most recently, the Council included funds for the Economic Development Strategy in allocating transient occupancy tax revenue (February 17, 2009 and Resolution 2008-35) and in the FY 2010 Budget. On June 17, 2009, the City Council formally adopted its 2009-2010 Goals. The theme of these goals was to improve Ashland's ability to be sustainable well into the future in six major areas. Under the "Economy" section, Council adopted the following goal: The development and implementation of a comprehensive economic development strategy for the purpose of • Diversifying the economic base of the community • Supporting creation and growth of businesses that use and provide local and regional products • Increasing the number offamily-wage jobs in the community • Leveraging the strengths of Ashland's tourism and repeat visitors In the July 2009 Council Study Session, Staff presented proposed starting and ending points for the project, as well as a process, public involvement and overall timeline recommendations which Staff has used to move the project forward to this point. Public Process - Mayor's Appointments The public process will be guided by two groups appointed by the Mayor and confirmed by the Council. The Policy Group is made up of representatives from various community partners and other key stakeholders and will be charged with laying out the framework of the strategy based on the initial Page 1 of 2 CITY OF -ASHLAND work of the Economic Opportunities Analysis from 2007 and the accompanying draft implementation plan that Council agreed on as a starting point for the process. The Technical Advisory Committee (TAC) is made up of staff members of the community partners and other local, regional and state agencies involved in various aspects of economic development in our community and region. This group will provide an understanding and working knowledge of current economic development tools and practices and will be a resource to the Policy Group and the City Council in providing feedback on potential strategies and action items discussed throughout the process. The Mayor's list of appointments for Council confirmation is provided as an attachment. Timeline It is anticipated that the groups, upon approved appointment on October 20t°, will begin meeting in mid-November, with each group meeting one to two times a month for the next six to eight months. At some point near the mid-way point, meeting times may be suspended while the focus group portion of the public involvement process occurs. Related City Policies: Ashland Comprehensive Plan, 3.03, 3 - Citizen Involvement Ashland Comprehensive Plan, 7.07.03, 3 - Develop and implement an economic development program Council Options: 1) Confirm the Mayor's list of appointments to the Economic Development Policy Group and the Economic Development Technical Advisory Committee. 2) Provide alternate potential member names for discussion and appointment/confirmation at a future meeting date Potential Motions: I move to confirm and approve the Mayor's list of appointments to the Economic Development Policy Group and Technical Advisory Committee Attachments: Mayor's list of appointments to the Economic Development Strategy Police Group and TAC Council Communication 7/20/09 - Economic Development Strategy Kick off Page 2 of 2 ~r, City of Ashland Economic Development Strategy Mayor Stromberg's Committee Member Appointments Policy Group Russ Silbiger City Councilor, Chair John Stromberg Mayor Wendy Siporen Executive Director, THRIVE Ric Holt Southern Oregon University, Economics Dept Dean Cropper Owner, Cropper Medical/BioSkin Technologies Mark Marchetti CEO Ashland Community Hospital Jim Klein, Provost Southern Oregon Unversity Tom Bradley Bradley Properties/Board Member Ashland Community Land Trust DeeAnn Everson Executive Director, United Way of Jackson County Pam Hammond President, Ashland Chamber of Commerce Board of Directors Annie Hoy Board Member, Ashland Chamber of Commerce John Fields Golden-Fields Construction Emile Amarotico Citizen* Laurie Gibbs, Owner Winchester Inn* * Tentative Appointments Technical Advisory Committee Sandra Slattery Executive Director, Ashland Chamber of Commerce Larry Holzgang Oregon Business Development Department Ron Fox Executive Director, SOREDI Jim Fong Executive Director, Job Council of Southern Oregon Bill Molnar, Community Development Director, City of Ashland John Rinaldi Citizen/Planning Commission Jeff Griffin Regional Coordinator, Economic Revitalization Team, OR Business Dev Dept Ross Finney RHT Energy Solutions/Conservation Commission* * Tentative Appointment CITY OF ASHLAND Council Communication Economic Development Strategy Meeting Date: July 20, 2009 Primary Staff Contact: Adam Hanks Department: Administration E-Mail: adamnashland.or.us Secondary Dept.: N/A Secondary Contact: Martha Bennett Approval: Martha J. Bennett Estimated Time: 90 Minutes Question: What direction does Council wish to provide about Staff's suggestions for kicking off the Economic Development Strategy development for the City of Ashland? Staff Recommendation: Staff recommends Council direct Staff to move forward with the complete development of a public involvement plan and timeline that will be based upon the conceptual agreement of the project starting point and ending point, i.e. what does the Council want to end up with at the completion of the project, and are we starting from scratch or are we building on existing plans and documents? Background: The development and adoption of an Economic Development Strategy has been a Council goal for several years. In 2008, the City Council increased lodging tax rate from 7% to 9% to provide a funding source dedicated to economic development activities. Most recently, the Council included funds for the Economic Development Strategy in allocating transient occupancy tax revenue (February 17, 2009 and Resolution 2008-35) and in the FY 2010 Budget. On June 17, 2009, the City Council formally adopted its 2009-2010 Goals. The theme of these goals was to improve Ashland's ability to be sustainable well into the future in six major areas. Under the "Economy" section, Council adopted the following goal: Develop and implement a comprehensive economic development strategy for the purpose of. • Diversifying the economic base of the community • Supporting creation and growth of businesses that use and provide local and regional products • Increasing the number offamily-wage jobs in the community • Leveraging the strengths of Ashland's tourism and repeat visitors Proposed Ending Point Staff recommends that the City's economic development strategy include: o A broad description of Ashland's vision for its economy. Staff recommends that the City begin with the draft vision statement developed by the City Council at its April 2009 retreat. This vision has broad statements related to the economy, and staff recommends that the Strategy include a refined, more detailed vision of the type of economy that Ashland is hoping to develop. Staff believes there is probably strong consensus about a desirable economic future for the community at the "macro" level, and that starting with the big picture will bring people together at the outset. This should make the specific decisions about strategies and actions Page] of 5 CITY OF ASHLAND (which could be more divisive) easier later in the process, as they will be measured against whether they move Ashland towards or away from its vision. o A Traditional "Strengths, Weaknesses, Opportunities, and Threats" analysis to identify the boundaries of the strategy. As outlined below, much of this work was done as part of the Economic Opportunities Analysis done by the Community Development Department in 2007. The Strategy needs to clearly identify Ashland's core advantages (e.g., strong, loyal visitor base, very high quality of life, high quality workforce) and constraints (e.g., limited land supply, limited water supply, etc.) and relate them to the type of businesses that we want to retain, attract, and turn away. The data from the 2007 EOA will need to be updated to reflect permanent changes in Ashland's strengths and constraints due to the current recession and related long-term economic condition. o A limited set of specific goals for the economy. As with most strategic plans, the success of Ashland's economic strategy will depend on our ability to agree on a short list of the most critical items that need to be achieved. These goals will likely not include everything that could be done, but rather will contain the actions most likely to have a positive effect. o A specific set of actions tied to each of the goals. These actions should be as specific as possible, and should include a timeline, a responsible entity, a proposed budget, and a description of the outcome desired by the action (what is "success?"). A specific outline of the roles of the various entities that are engaged in economic development in Ashland (e.g., City of Ashland, SOREDI, Ashland Chamber of Commerce, THRIVE, Southern Oregon University, Job Council, State of Oregon, Small Business Development Center, Rogue Community College, Jackson County, etc.) is also essential in achieving the intended results. o Performance Measures. The City needs to build measures into the strategy to track key economic trends. This will provide feedback about whether the action plan is taking Ashland towards its vision of its economy. o Update process. The strategy needs to clearly identify a timeline and process for updates. Proposed Starting Point While there is a plethora of data available from various state, regional, county, city and partner agencies, the Economic Opportunities Analysis (EOA), completed in March of 2007 provides a great deal of information relevant to the economic status of our community, including demographic, housing, employment and land needs and availability. This document not only includes key data, but it also outlines the existing policies from the City's Comprehensive Plan, includes the results of community outreach, and recommends a framework for a strategy. Staff proposes that these documents, including the recommendations from ECONorthwest be the starting point. The key documents from the EOA process are available on the City's website at www.ashland.or.uslecondev . Staff specifically suggests that Council review pages 14 through 27 of the Preliminary Implementation Plan memo dated June 28, 2007 from Bob Parker of ECONorthwest to the City. Staff will want to discuss whether this document provides a good launching point for Ashland's strategy. Staff strongly recommends that we use this document as a starting point. The work done on this project was thorough, included participation of over 300 people, has clear recommendations, and will also assist the City in complying with state land use regulations. . Even though two years have passed and the national economic landscape has changed significantly, the general categories and suggested strategies still seem very relevant to our current economic climate locally. Staff recommends that the Page 2 of 5 ~r, CITY OF ASHLAND City contract with ECONorthwest to provide a white paper that updates the 2007 data and analyzes how changes in the economy in the world, nation, state, and region affect their recommendations. Otherwise, the seven strategies identified on pages 15 through 18 of the June 28, 2007 Preliminary Implementation Plan seem like a good first proposal for the economic strategy. Process, Public Involvement & Timeline Staff has developed a proposed timeline that would have a draft strategy available for formal public and stakeholder review by March/April 2010. To achieve this goal and ensure a high level of community, business and civic input and involvement, a clear understanding of the starting point and ending point is essential. The following are the primary components in the process with a draft timeline to meet the target date for the final draft document of spring 2010. Governance Group Staff recommends that the process be led by the formation of a governance group that would make decisions about the key elements of the Economic Development Strategy and would recommend the draft strategy to the City Council. This group of no more than 15 people would include an appointed Council member, representatives of groups that the City expects to carry out the strategy when it is complete (Chamber, Thrive. SOU, RCC), other interest groups (such as the Planning Commission or Transition Towns Ashland) and other key stakeholders. Staff has included a list of interests that could be represented on this group as an attachment to this Council Communication. Technical Advisory Committee Staff recommends formation to of a technical advisory committee (TAC) to provide support for the Governance Group and "reality checks" to staff on the elemenbts of the strategy. Staff recommends the TAC to get at some of the technical issues that affect the strategy. This group would be made up of various staff of the organizations that most likely would have formal actions and tasks assigned in the strategy. Members of the eight to twelve member TAC would include staff from organizations such as the Chamber of Commerce, SOU, City of Ashland, THRIVE, SOREDI, Oregon Economic & Community Development Dept(OECDD), Jackson County, and Ashland School District. Focus Groups In addition to these formal groups with specific roles, staff recommends that the Council consider using focus groups as a specific public outreach method for this project. Staff has been contacted by several specific people with expertise one or more aspects in Economic Development. Some of these people have backgrounds in business. Others have theoretical or research expertise. Many of these people have particular ideas of what the strategy should contain. Staff believes it is very important to engage these people in the process and to capture their ideas. At the same time, they may not be the right people to put on the governance body or on the TAC as they may not have specific implementation roles. It is quite likely, too that some of these people have opinions in direct conflict with on another. Staff currently thinks that the proposed implementation document from ECONorthwest provides a structure to form focus groups. The report summarized the input from the Page 3 of 5 CITY OF ASHLAND public workshop into six main categories, and these categories could be used to create focus groups made up of individuals with a keen interest or expertise in that particular category, such as housing, transportation, sustainability/environmental issues, etc. Staff recommends including these focus groups after the governance group has made some decisions about the vision for the economy and about the most critical strategies, but before the specific action steps have been defined. Draft Conceptual Timeline The following chart represents a general project timeline that will be fine tuned as the project components and public process elements become more concrete with the formation of the TAC and the Governance Group. REEMERgi hu ust ...tember . 1N5yem6. (pecembe o Febrq March nl JS N !Staff Dmft Slra erson Document IPormation of TAC IPormation of Gmemance Grou list Goremance Gmu Meetin [2nd Gmemance Gmu Meetin !3rd Gavemance Gmu Meetin !4th Gmernance Gmu Meetin 1 sl TAC Meetin !2nd TAC Meetin ;3rd TAC Meetin !4th TAC Meeting 55th TAC Meeting !Focus Gmu Meetings (Focus Umup Meetings ICiI Council Update Meeting !Staff Draft of Final Doc for Council !Initial Cit Council N,aw for Adottan Related City Policies: Economic Opportunities Analysis, March 2007 Ashland Comprehensive Plan Chapter III, Citizen Participation Chapter VII, The Economy City Council Goals, 2009-2010 Council Options: 1) Provide feedback to Staff on the general agreement and understanding among the Council to move forward with the development of a complete public involvement plan and associated project timeline based on the starting and ending points proposed by Staff. This would also include the drafting of a "strawperson" outline/draft document, a framework for the appointment of members of the TAC and Governance Group 2) Request Staff to return to Council with modified starting and ending points and direct staff to adjust the public involvement plan and project timeline to incorporate the additional project elements desired by Council' Page 4 of 5 !r, CITY OF ASHLAND Attachments: Recommended Economic Development Framework - ECONorthwest, June 28, 2007 Ashland Community Workshop Summary - ECONorthwest, April 19, 2007 Sample Action Plan - Corvallis-Benton County "Prosperity That Fits" - October 2006 Additional background information can be accessed at www.ashland.or.us/econdev Page 5 of 5 CITY OF ASHLAND Council Communication Ordinance Amending the Liquor License Review Chapter Meeting Date: October 20, 2009 Primary Staff Contact: Megan Thornton Department: Legal E-Mail: thomtm@ashland.or.us Secondary Dept.: City Recorder Secondary Contact: Barbara Christensen Approval: Martha Berme Estimated Time: 5 minutes Question: Should the City Council approve the Second Reading of an ordinance titled, "An Ordinance Relating to Liquor License Review and Amending AMC Chapter 6.32"? Staff Recommendation: Staff recommends Council approve the Second Reading and adopt this Ordinance. Background: On October 6t°, 2009, the Council approved First Reading with proposed changes; the changes are incorporated into the attached Ordinance. Related City Policies: City Charter Article X, Ordinance adoption provisions. Council Options: 1) Move to approve Second Reading and adopt the Ordinance. 2) Postpone consideration of the proposed ordinance. Potential Motions: Staff: [Conduct Second Reading of the ordinance by title only][Read changes from First Reading. Four words were deleted from the end of the following sentence in AMC 632.050, and the sentence now reads: The City Council hereby delegates to the City Recorder the ability to process all OLCC liquor license applications or requests, except for applications for new or renewal licenses to the Git) Reeer-de Council: Motion to approve Second Reading and adopt the Ordinance. Attachments: • Amended ordinance Page 1 of I ORDINANCE NO. AN ORDINANCE RELATING TO LIQUOR LICENSE REVIEW AND AMENDING AMC CHAPTER 6.32 Annotated to show d s and additions to the code sections being modified. Deletions are bold ' and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession; WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop, 20 Or. App. 293, 531 P 2d 730, 734 (1975); WHEREAS, the OLCC chapter currently establishes criteria for denying an OLCC application that are inconsistent with state law; WHEREAS, the Uniform Administrative Appeals process should be adopted to provide a hearings process in the case of an appeal of an unfavorable recommendation to the OLCC; WHEREAS, the duties of the City recorder and the application process need to be adapted to be consistent with these changes; and. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 6.32.050 [City Recorder Duties] is hereby amended to read as follows: 6.32.050 City Council Delegation; City Recorder Duties The City Council hereby delegates to the City Recorder the ability to process all OLCC liquor license applications or requests, except for applications for new or renewal licenses. Upon receipt of an application for a new or renewal liquor license, the City Recorder shall: A. Coordinate and conduct an investigation of each application for the purpose of determining what recommendation shall be made to the Page 1 of 5 City Council. The city recorder may require the applicant to supply additional information that is relevant to determine if there is a sufficient basis for an unfavorable recommendation to the OLCC as provided by Oregon liquor laws. B. Refer the application to the Department of Community Development who shall determine if the location of the licensee's business complies with the City's land use requirements. C. Determine if the licensee has met the criterion for an unfavorable recommendation in accordance with AMC 6.32.067. a business liGense and has r gister^d as a restaurantr if appliGablee i^r the City's food and beyeFage tax. D. Report to the city council as to the filing of the application and prepare sufficient documentation and/or findings to support an unfavorable recommendation to the OLCC if there is a basis for such recommendation. the determona•i^^° ^--d^ , nd^r this E. Mail a letter or personally contact the applicant if an unfavorable recommendation will be made to the City Council. F. Make a recommendation and place the license on the consent agenda at the next regular council meeting. G. After the recommendation is approved by the City Council, forward the recommendation and any necessary supporting documentation to the OLCC. H. Endorse the application, if approved by the City Council. 1. Maintain a record of all OLCC applications. SECTION 2. Sections 6.32.065 [Criterion for Recommendation of Approval] and 6.32.065 [License Application] are hereby added to read as follows: 6.32.065 License Application. Any person or business requesting a city recommendation to the OLCC on a liquor license application shall apply upon suitable forms furnished by the OLCC. The city recorder shall accept liquor license applications only when the following conditions are met: A. An applicant for an initial license or modification of a current license provides legible copies of the following forms supplied by the OLCC: liquor license application forms, individual history forms, and business information forms. An applicant for a temporary sales license (TSL) provides the temporary sales application form supplied by the OLCC. Page 2 of 5 B. The applicant has obtained a valid city business license when applicable. C. The application is complete. D. The applicant has provided any relevant additional information the city recorder requests to determine the qualifications of the applicant. E. The application is accompanied by the appropriate fees, as established by resolution of the city council. 6.32.067 Criterion for Unfavorable Recommendation The City may make an unfavorable recommendation to the OLCC if it finds sufficient basis for such a recommendation under Oregon liquor laws, including but not limited to, the Oregon Revised Statutes and the Oregon Administrative Rules. SECTION 3. Section 6.32.050 [City Recorder Duties] is hereby amended to read as follows: 6.32.070 HeaFing and No Appeal Procedures An appeal of the City Recorder's recommendation pursuant to AMC 6.32.050 shall be processed in accordance with the Uniform Administrative Appeals Ordinance AMC 2.30, except that the appeal shall be filed and processed in the office of the City Administrator. The appeal must be filed within ten (10) calendar days of the date of the letter or personal notice from the city recorder stating that an unfavorable recommendation will be made to the City Council. has GOMplied with AMC 6.32.067- the Gity'S land use FeqUiMnents, has , SGhedule a publiG hearing and give nGtlGe as provided below. Applicant Net7se OF by GeFtified mail e°t""rked no later than ten days i the hearing The netuse shall Gontamn; 1. A statement of the tome and plaGe of the hear!W, 2 A state ment from, the w0w rewwrde.r as to the findings made; , Page 3 of 5 3. A statement that the applicant may be represented by legal rounsel a the heaRng, at the expeRse of the . PubliG NGtise least ten days nriGF to the 'late of the hearing Thn nn4:rn stall speGify thee date, H me and lewation of hearing, and the business name and address of the • testimony Fn ay hepresented either far OF against the a nl:r..ti..n and On the Gase of denial OF , shall speGify the The GUY GOURGOI Fnay Ferommend denial of an appliGation if: The a nl:..ati....: nlete , infermat:nn that is . ably requested. lend . nts The a nl:rant has failed to obtain a business I:sense er failed to r iste" a . Any reason, whinh On the sole Gpinion of the Gity GGUnGiI, WaFrants an adverse renommend.N:nn based on n..bliw health safety, welfare r , , nonyeninn wn n city. Findings Transmitted recommends denial, it shall : rl..de a finding OF findings, based e" the r:ty re..nr:l m utes shall be transmitted to the A 1 r r with the reGOMmendat* n. Blanket Renewals At the tame of annual r ne...al of existing licenses the wit.. r..werder shall , Page 4 of 5 the GFiteFla set forth on seGtoon 6.32.065 50. .uithholdinr. of endersement of the renewal r ntel A--r-h dpArienr ps s approval of all IiGense Fenewals-. SECTION 4. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 5. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 6. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word 'ordinance' may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 4- 6) need not be codified and the City Recorder is authorized to correct any cross- references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of 12009 and duly PASSED and ADOPTED this day of 2009 Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of , 2009. John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Page 5 of 5 i CITY OF ASHLAND Council Communication An Ordinance Requiring Chains for Commercial Vehicles Meeting Date: October 20, 2009 Primary Staff Contact: Megan Thornton Department: Legal E-Mail: thomtm@ashland.or.us Secondary Dept.: Police Secondary Contact: Terry Holdemess Approval: Martha Bennett Estimated Time: 5 minutes Question: - Should the City Council conduct and approve the Second Reading of an ordinance titled, "An Ordinance Relating to Chain Requirements for Commercial Vehicles"? Staff Recommendation: Staff recommends Council approve Second Reading and adopt the Ordinance. Background: On October 6`h, 2009, the Council approved First Reading with proposed changes; the changes are incorporated into the attached Ordinance and identified by highlighting. Related City Policies: Ashland City Charter Article X, Ordinance Adoption Procedure. Council Options: 1) Move to approve Second Reading and adopt the Ordinance. 2) Council can postpone Second Reading. Potential Motions: Staff. [Conduct Second Reading of the ordinance by title only][Read changes from first reading. The following sentence was added to the de coition o commercial vehicle in AMC 11.32.010.B: •ommercial .ehicle also includes a14 school buses re ardless of whether flee school for whit the bu s nts is u l'ie ri„a Lslaw,sp~3FEW Council.: Motion to approve Second Reading and adopt the Ordinance. Attachments: ■ Amended Ordinance Page 1 of 1 ~r, ORDINANCE NO. AN ORDINANCE RELATING TO CHAIN REQUIREMENTS FOR COMMERCIAL VEHICLES Annotated to show deletions and additions to the code sections being modified. Deletions are bold ' and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession; WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v. International Ass'n of Firefighters Local 1660, Beaverton Shop, 20 Or. App. 293, 531 P 2d 730, 734 (1975); WHEREAS, the conditions on roadways within the City can be such during the winter that larger commercial vehicles may have difficulty safely navigating the City streets; WHEREAS, there have been situations in which commercial vehicles without chains have blocked the roadway making it impossible for emergency services to respond to calls; and THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 11.22 is hereby added to read as follows: Chapter 11.22 Vehicle Chains Required 11.22.010 Definitions A. Chains: link chains, cable chains or any other devices that attach to the wheel, vehicle or outside of the tire and that augment the traction of a vehicle. B. Commercial Vehicle: a vehicle that is used for the transportation of persons or property for compensation or profit, or that is used in conjunction with a business and the commercial vehicle weighs 10,000 pounds or more. Page 1 of 2 Commercial vehicle also mcludestalltschoolib ises f,'egafdless of1wheth6K1thd seW6661110 which the_busfls transporti gs'student s public or private 11.22.020 Failure to Carry Chains. A person commits the offense of failure to carry vehicle chains if the person drives or moves, or causes or knowingly permits to be driven or moved a commercial motor vehicle on any public way within the City, without carrying vehicle chains, when Interstate 5 is posted as requiring vehicle traction tires or chains to be carried or used to proceed over the Siskiyou Mountains. 11.22.030 Penalty. The offense described in this chapter, failure to carry chains, is a Class C violation as that class is defined under Oregon law. Subject to the Charter limitation, failure to carry chains shall be a Class A violation as that class is defined under Oregon law if such failure prevents emergency services from responding to a call. SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 2-3) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of 2009 and duly PASSED and ADOPTED this day of 2009 Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of , 2009. John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Page 2 of 2 CITY OF ASHLAND Council Communication Ordinance Relating to Parking Meeting Date: October 20, 2009 Primary Staff Contact: Megan Thornton Department: Legal E-Mail: thorntm@ashland.or.us Secondary Dept.: Legal Secondary Contact: Richard Appicello Approval: Martha Benne Estimated Time: 5 minutes Question: Should the City Council approve the Second Reading of an ordinance titled, "An Ordinance Relating to Parking and Amending AMC 11.24.070"? Staff Recommendation: Staff recommends Council approve Second Reading and adopt the Ordinance. Background: On October 6`h, 2009, the Council approved First Reading with proposed changes; the changes are incorporated into the attached Ordinance and identified by highlighting. Related City Policies: City Charter Article X, Ordinance adoption provisions Council Options: 1) Approve the Second Reading and adopt the ordinance. 2) Postpone consideration of the proposed ordinance. Potential Motions: Staff. [Conduct Second Reading of the ordinance by title only][Read changes from first reading. Words were deleted from the end of the following sentence in AMC 11.24.070 and the sentence now reads: If a vehicle is moved and re-parked within the same block, as defined by AMC 11.08.080, T the time period shall continue to run if *e .eiiisle : moved to other Parking space within the , e bleelF .J Council.: Motion to approve Second Reading and adopt the ordinance. Attachments: ■ Proposed ordinance Page 1 of 1 I`, ORDINANCE NO. AN ORDINANCE RELATING TO PARKING AND AMENDING AMC 11.24.070 Annotated to show ~'°'~ns and additions to the code sections being modified. Deletions are bold lined and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession; WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop, 20 Or. App. 293, 531 P 2d 730, 734 (1975); WHEREAS, it is unclear whether AMC 11.24.070 is enforceable without proof of intent that a person is moving their vehicle to avoid a parking citation; WHEREAS, the City would like to clarify that re-parking a vehicle within the same block will result in a parking citation regardless of the driver's intent because the time will continue to run; and THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 11.24.070 [Moving vehicle] is hereby amended to read as follows: 11.24.070 Moving vehicle dpfffinpd in AMC 11.08.080, in ordeF to avoid a paFklAg tome 11 regulation. If a vehicle is moved and re-parked within the same block, as defined by AMC 11.08.080, T the time period shall continue to run Of the SECTION 2. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, Page t of 2 shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 2-3) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of 12009, and duly PASSED and ADOPTED this day of 2009. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of , 2009. John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Page 2 of 2 CITY OF ASHLAND Council Communication Revision of Fireworks Ordinance 15.28.070 Meeting Date: October 20, 2009 Primary Staff Contact: John Karns Department: Fire Department E-Mail: karnsj@ashland.or.us Secondary Dept.: Administration Secondary Contact: Martha Bennett Approval: Martha Benne Estimated Time: 10 minutes Question: Should the Council approve first reading of an ordinance titled, "An Ordinance Relating to Fireworks and Amending AMC 15.28.070" and move the ordinance on to second reading? Background: The City of Ashland is a geographically and topographically diverse city. While this offers a highly desirable living environment, it presents challenges in terms of fire prevention and fire suppression. Fuel loading, terrain slope and aspect, and narrow steep streets make fires both more likely and more difficult to fight. Moreover, all of these issues will make it challenging to evacuate residents in the event of a large fire. This is particularly true in the areas "above the Boulevard." The danger of an uncontrolled fire in this area is exacerbated on the Independence Day Holiday. During the period when live and dead fuel moistures are falling, the air temperature is rising, and the relative humidity is down, we allow a variety of celebratory "ignition sources" in and near our wildland interface and edge of our forest watershed. Some of the metals used in legal fireworks have a combustion temperature that can reach 1700°C, well above the ignition temperature of the most common fuels such as wood, pine needles, and litter. During the Independence Day holiday in 2009, Ashland experienced two fires caused by legal fireworks in the City. Fortunately the start of the fires was witnessed by residents and fire suppression resources were summoned quickly and the fires suppressed. Understanding that the residents of Ashland have a right to express their support of Independence Day and enjoy the celebration with friends, neighbors, and relatives, staff recommends that the City Council modify the City's fireworks code to reduce the risk of fires, large and small, that threaten our community. Staff recommends banning the use of all fireworks in the area of Ashland west of Siskiyou Boulevard and Main Street throughout the year, including during the two weeks leading up to Independence Day, when they are currently allowed. Staff recommends that the current policy remain in place for the areas east and north of Siskiyou and Main. This restriction would be in concert with an aggressive and multi-tiered education program targeting residents and visitors of Ashland. Public service announcements, the city website, local print media, civic and social group meetings would be targeted. While the risk of wildland interface fire varies east of Siskiyou/Main, a clean well-defined delineation for this restriction is important for several reasons. Siskiyou Boulevard and Main Street provide a viable fire-break if an accidental fire starts. With the limited resources available to Ashland Fire and Rescue, having a defensible space, prior to a fire entering the wildland interface and potentially the Page ] of 2 r, CITY OF ASHLAND forest watershed, is critical for suppression efforts. This is akin to a fuel break being created in the wildland. A clear delineation of the restricted zone will also make citizen understanding and City enforcement easier. There will be no confusion about where fireworks are restricted and where they are allowed as there would be if the borders of the Wildfire Lands Zone were used. It is for these reasons that staff recommends utilizing Siskiyou Boulevard and Main Street as the border of the restricted zone. Related City Policies: Section 10.24.010 of the AMC deals with the adoption of Oregon Revised Statutes addressing the sale and use of fireworks, specifically Sections 480.110 through 480.170. Additionally AMC 15.28.070 amends several sections of the Oregon Fire Code. The specific amendment regarding fireworks reads as follows: C. Section 3301: Notwithstanding ORS 480.110 through ORS 480.165 and OAR 837-012-0600 through OAR 837-012-0675, the sale of retail fireworks as defined in OAR 837-012-0610 is prohibited within the City of Ashland. The use of retail fireworks within the City of Ashland is prohibited during any declared fire season when the sale off reworks is permitted within the State of Oregon pursuant to ORS 480.127 (June 23 to July 6 of each year). Staff Recommendation: It is staff's recommendation to prohibit fireworks in the area of the City west ofSiskivou Boulevard and North Main St. at all times. Council Options: Council can direct staff to: • Schedule the proposal for Council Action • Revise the proposal prior to Council Action • Table the proposal The use of fireworks is prohibited at all times in the area of the City west of Siskiyou Boulevard and North Main Street. Attachments: 1. Medford Municipal Code 7.022 2. Photo of Ashland (overhead) -provided by Google Earth 3. Photo of Ashland Watershed - provided by Google Earth 4. Power Point Hand Out Page 2 of 2 11FAW"A, ORDINANCE NO. AN ORDINANCE RELATING TO FIREWORKS, AND AMENDING AMC 15.28.070 Annotated to show d 's and additions to the code sections being modified. Deletions are bold and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession; and WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v. International Ass'n of Firefighters Local 1660. Beaverton Shop, 20 Or. App. 293, 531 P 2d 730, 734 (1975); and WHEREAS, fuel loading, terrain slope and aspect, and narrow steep streets make fires both more likely and more difficult to fight in some areas of Ashland; and WHEREAS, the City should protect against fires caused by fireworks by limiting the geographic area in which fireworks are allowed; THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 15.28.070 [Amendments to the Oregon Fire Code] is hereby amended to read as follows: 15.28.070 Amendments to the Oregon Fire Code The Oregon Fire Code is amended in the following respects: A. Section 506.1 Replace the second sentence as follows: The key box shall be of an approved type, installed and maintained in accordance with manufacturers instructions, and shall contain keys to gain necessary access as required by the fire code official. B. Section 508.5.1 & Exceptions: Delete: and replace with the following: The approved fire apparatus operating area must be located within 300 feet from a hydrant, as measured by an approved route, along an approved driving surface. With the installation of an approved automatic fire sprinkler system, hydrant distance may be increased to 600 feet. C. Section 3301: Notwithstanding ORS 480.110 through ORS 480.165 and OAR 837-012-0600 through OAR 837-012-0675, the sale of retail fireworks as Page 1 of 2 defined in OAR 837-012-0610 is prohibited within the City of Ashland. The use of retail fireworks within the City is prohibited, s wi in e a e of O e The use of fireworks is prohibited at all times in the area of the City west of Siskiyou Boulevard and North Main Street. D. Appendix D105.1 Change first sentence as follows: Buildings or portions of buildings or facilities exceeding 24 feet in height above the lowest level of fire department vehicles access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Appendix D105.2 & 105.3 Change 30 feet to 24 feet. SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 3. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word `ordinance' may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 2-4) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of 12009 and duly PASSED and ADOPTED this day of 2009 Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of , 2009. John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Page 2 of 2 Municipal Code 7.022 The Use of All Types of Fireworks in this Jurisdiction are Prohibited within the Hazardous Wildfire Areas, the Bear Creek Greenway, any City Park, and any Public School. The Retail Sales of Fireworks are Prohibited within this Jurisdiction. (1) Section 3302 of the Oregon Fire Code "Fireworks" definition is retained as originally published. (2) To offer for sale, expose for sale, or sell at retail any fireworks within this jurisdiction is specifically prohibited. (3) To use or explode any fireworks within the wildland urban interface areas (which for the purposes of this section are the hazardous wildfire areas as defined by Jackson County), the Bear Creek Greenway, any city park, or any public school within this jurisdiction is specifically prohibited. EXCEPTION: The use of fireworks for display is allowed as set forth in Sections 7.023 (14-15) and 7.023 (19) of the Medford Code in conformance with NFPA 1123 "Code for Fireworks Display", 2006 edition. [Added, Sec. 3, Ord. No. 5435, May 2, 1985; Amd. Sec. 5, Ord. No. 7395, June 3, 1993; Amd. Sec. 7, Ord. No. 8271, Feb. 6, 1997; Amd. Sec. 3, Ord. No. 2005-58, Apr. 7, 2005; Amd. Sec. 5, Ord. No. 2009-91, May 7, 2009.] ?i f y,• il"'Y_r it L 1`~ifl 1l roF-O~ I n r e M '.n \ / ~ ~ / ` ' ~ ~ r '~a' .C7r C:I.Gr ~'stf ~ r •1 ~ ✓ t iT 7r` ~ ' I \ !.t f,7~F~iTY-'~f` ~ ~=~•~r j~r~ Z ~ fti`~ ~z i?_-aL s'lims` , 7r~..._ .T.•,~7 < '~J l ••`ya~ t y ~ p°~"'S~L-F rl , i~~~~}~~. ~ ii,;F.~c :•~a' 'a r ~ y/~~„~~rl~ jl .I': ra'i .fYt' ~~fJ,~~ • i'~t` T* r 7i i, j lr. oft, w I'M X71 ~y yq 3 .l. A~~~~~'~"•C.. '~~~'~'t1'rT ~ry..7~~' y 't.t 1.f ~ I ~t Y L: sl tiS• or,~TU(~7 q 1 •f~ K rrt i I 'I ~ ~ 1V~f. • Y`A ♦ V Y2~'~t'• _ l J ~ ,i} Y," Iti a I ~ r• 't `p t1 r T. Pl?T;, t r to fit J(,~{ti ~dFr` 1 t ;~rti J In/ h7t.'..t'! ri.•', ~Y: 41 C / M ~'`~~y' 1{x...11` ~i5`%y "I 3 1 V J. Y . , n I • ~ ~ Rf, I y 1~ r s .`7 h~ ryA'Ctr CI / 1 i Alf; t qq/f r '?a ~`n11".t~'.n 1'll ~t32r/~, q.17 ~nl,r/ r~• d1 r t ,.ri 3~ylT I''r 7~ `f i G7r7~ L r~/ ]r--..CC ry' 1, ~ ry 1 ,~{'~~1[~ Aryl ya; r 1'~~ L~.F~I~ -t 11t~~~• ~~1~ 1 5 ~~1Y h 1 ~7~~' FFFF y ~ 11 yLiiY~ >14 ,~"r I Alk lid Slide I FNEWORIGINASHLAND Slide 2 FIREWORKS FACTS 2006, According to the National Fire Protection Association: On Independence Day in a typical year, more U.S. ~,,es are reported than on any other day, and anevvarks account for half of those fires, more than ry other cause of fires. re ted fires, includin 1,700 total structure fires, 0 vehicle fires, and 90,300 outside and other fires. These fires resulted in an estimated 6 CivOian deaths, 70 civilian injuries and $34 million in direct property damage. Slide 3 FIRE FACTS United States Fire Administration Slide 4 Ashland Fireworks Ordinance .h'. 1 480. riefinea In OAR /837-012-0610 i-~ptoffibited mthla tile C11Y of A5111and. Pic U50 of Oregon buisudtit 1 Slide 5 Fire Facts Fire behavior is affected by: Fuel load, fuel model, and fuel moisture Wind Humidity Temperature (each rise in humidity i temperature reduces the Aspect Slope (evice the intensity at . Slide 6 "It's About Managing the Risk" responsibly How can we Ashland fireworks in and protect still our most . resource? We Use the basic principle of fire prevention: Separate the ignition sources from the fuel load Slide 7 0 Slide 8 esnms Slide 9 S✓ OPPO prupan o~''"rn"~°m® Slide 10 Slide I 1 Slide 12 ©--yam-- w. ~J Slide 13 r 4~~ J a Slide 14 Why a year-round restriction? Air/Brentwood Bel Fire, November 6, 1961, 6090 acres Oakland 20, 1991, acres Cedar Fire, October 28, 2003, 100,000 acres Homes are flammable all year long CITY OF ASHLAND Council Communication Croman IOF Grant Meeting Date: October 20, 2009 Primary Staff Contact: Adam Hanks Department: Administration E-Mail: adam a,ashland.or.us Secondary Dept.: Public Works Secondary Contact: Mike Faught Approval: Martha Berm Estimated Time: 20 minutes CA Question: Does the Council want to direct staff t prepare and submit an application to Oregon Department of Transportation (ODOT) for an Immediate Opportunity Fund (IOF) grant of up to one million dollars to be used for road construction at the Croman Mill site? Staff Recommendation: Staff recommends that the Council direct staff to work with ODOT and the Oregon Business Development Department (formerly Oregon Economic & Community Development Department) staff to prepare and submit an application to ODOT for the IOF grant. Background: IOF Grant Information The stated purpose of the Immediate Opportunity Fund is to support primary economic development in Oregon through the construction and improvement of streets and roads and is funded through State gas tax revenues. The IOF policy guidelines provide three categories of grants: Type A: Specific economic development projects that affirm job retention and job creation opportunities Type B: Revitalization of business or industrial centers to support economic development Type C: Preparation of Oregon Certified Project Ready Industrial Sites City's Role & Involvement The owner/developer of the Croman Mill site has requested that the City of Ashland submit as the local government sponsor for the IOF grant as a way to provide incentive for the development of the Croman Mill site and, more specifically, to assist in road construction costs of the "signature street" that forms the backbone of the project site. The grant request would be for the Type A grant, as the owner/developer has a purchase agreement in progress with Plexis Healthcare Systems who has provided initial indication that development of the Croman Mill site for their headquarters will meet the "job retention and job creation opportunities" of the Type A IOF grant If the grant is awarded, an Intergovernmental Agreement (IGA) would be created and executed between the City and ODOT assigning the grant obligations. The grant funds would be passed through Page] of 3 Ir, CITY OF ASHLAND the City of Ashland to the owner/developer and be limited in use to the road construction at the Croman Mill site. To ensure that the project ultimately meets all requirements and criteria of the IOF guidelines, primarily achieving the job creation numbers stated in the grant submittal, the City would enter into a development agreement with Plexis that provides the City with the ability to re-pay ODOT should Plexis not meet the job creation targets within the timeframe specified in the grant submittal. Owner/Developer Role & Involvement The Croman Mill site owner/developer will be responsible for the road construction, which will meet all City requirements through the standard Public Works permit and inspection program in place for any public infrastructure construction project. The owner/developer will also be responsible for the required matching funds for the grant, an amount equal to the total grant award. It is anticipated that the matching funds will come from the donation of private land for public right-of-way dedication for the road construction. Grant Timeline The IOF grants are discretionary and are awarded on a first come, first served basis until the total funding for the biennium has been awarded. The owner/developer is very anxious to get the application submitted and is prepared to provide all required data and documentation for the submittal in the next several weeks. It is anticipated that City staff will meet several times with the owner/developer, ODOT and Business Oregon staff and Plexis ownership in the coming weeks to coordinate efforts and ensure that all required submittal elements are in place for review and recommendation by the Area Commission on Transportation and the Director of Business Oregon and final award determination by the Director of ODOT. While the timeline requested is tight, the submittal of an application does not bind the City into any financial obligations. Contractual obligations and procurement of security interests to fully protect the City occur at the time of the drafting and signing of the IGA and development agreements, which will come before Council for approval and signature. Related City Policies: Ashland Comprehensive Plan VII-4 b Utilization of available grants and loans to finance the extension of public facilities to lands zoned or planned for commercial or industrial use Council Options: 1) Direct Staff to proceed with data collection and coordination with other involved agencies to prepare grant submittal for review and potential approval. 2) Direct Staff to prepare grant submittal and provide opportunity for Council review prior to formal submittal. Page 2 of 3 CITY OF ASHLAND 3) Decline the request of the Croman Mill Site owner/developer to pursue the IOF grant. Potential Motions: 1) I move to direct Staff to coordinate and submit an application to ODOT for potential IOF grant award to be used for the "signature street" road construction at the Croman Mill site. 2) I move to direct Staff to coordinate and submit an application to ODOT for potential IOF grant award to be used for the "signature street" road construction at the Croman Mill site and to provide the Council with a presentation of the final submittal packet prior to filing the formal application with ODOT. 3) 1 move to direct Staff to communicate with the Croman Mill Site owner/developer that the City chooses not to pursue the IOF grant at this time. Attachments: ODOT lOF Policy Guidelines Letter from ODOT to Owner/developer Agent Page 3 of 3 Oregon Department of Transportation Immediate Opportunity Fund Policy Guidelines Revised October 10, 2006 1. Purpose of the Immediate Opportunity Fund The purpose of the "Immediate Opportunity Fund" (IOF) is to support primary economic development in Oregon through the construction and improvement of streets and roads. The 1987 Oregon Legislature created state funding for immediate economic opportunities with certain motor vehicle gas-tax increases. Access to this fund is discretionary and the fund may only be used when other sources of financial support are unavailable or insufficient. The IOF is not a replacement or substitute for other funding sources. The IOF is designed to meet the following objectives: A. Provide needed street or road improvements to influence the location, relocation or retention of a firm in Oregon. B. Provide procedures and funds for the Oregon Transportation Commission (OTC) to respond quickly to economic development opportunities. C. Provide criteria and procedures for the Oregon Economic and Community Development Department (OECDD), other agencies, local governments and the private sector to work with the Oregon Department of Transportation (ODOT) in providing road improvements needed to ensure specific job development opportunities for Oregon, or to revitalize business or industrial centers. The use of the iOF is limited to: Type A: Specific economic development projects that affirm job retention and job creation', opportunities. Type B: Revitalization of business or industrial centers to support economic development, Type C: Preparation of Oregon Certified Project Ready Industrial Sites. 2. Funding levels For the biennium beginning July 1, 2005, the ]OF will be financed at a level of $7 million. Up to $2 million may be committed in support of Type B projects, and up to $2 million may be committed in support of Type C projects. Fund consideration is restricted to potential economic development projects and associated access management and right-of-way preservation projects that require a quick response and commitment of funds. As a guideline, the maximum amount available for a single project of Type A is $1,000,000, the maximum amount available for a project of Type B is $250,000, and the maximum amount available for a project of Type C is $500,000. Immediate Opportunity Fund Policy Guidelines (continued) October 2006 Project proposals are normally expected to provide a match of 50 percent or more of the total funds used for public roadway improvements. Public or private sources may provide the match. Donations of right-of-way will be considered to be part of the match. Normally, applicants for projects off the State Highway System will provide the right-of--way. (ODOT's Right-of-Way Section will verify right-of-way estimates.) 3. Program criteria Key factors in determining eligibility for funds are whether an immediate commitment of funds is required, and whether a transportation problem exists or can be prevented. Projects must meet all the following criteria: A. The results of an economic impact analysis must be acceptable to the OECDD Director, who will provide recommendations to the ODOT Director. B. The application must identify the direct benefits in terms of primary jobs created or retained by the development, a revitalized central business or industrial district, or certification of an industrial site through the construction of a road improvement. C. The improvements must be on a public right-of-way (right-of-way must be acquired before project completion), must serve general transportation needs, and must conform to access management policies. D. The OECDD Director will review the application and make a recommendation to the ODOT Director on the validity of the data presented, and that a project's decision hinges on an immediate commitment to construct the road improvement. E. The project and development must meet all necessary land use and environmental requirements, and have or can obtain all necessary permits. F. For Type A projects, the jobs created by the development must be primaryjobs such as manufacturing, production, warehousing, distribution, or others that create new wealth for the Oregon economy. Normally, retail and service jobs do not meet this definition. G. The project must be consistent with the following Governor's Oregon Principles: a. Oregon has a positive business climate and invests in economic development in order to create and retain sustainable businesses and family-wage jobs; and b. Oregon has a healthy balance between growth, infrastructure development and environmental protection. 2 Immediate Opportunity Fund Policy Guidelines (continued) October 2006 4. Program requirements For projects to be eligible for Immediate Opportunity Funds, private businesses or their local government sponsors requesting assistance must: i. Be in the process of certifying an industrial site, or negotiating a location, retention, expansion, or revitalization project and involve OECDD and ODOT early in the process. ii. Demonstrate the transportation problem, and the benefits of the proposed project as a solution. iii. Document that the decision to locate, relocate, or expand in Oregon hinges on an immediate commitment of road construction resources. iv. Document the arrangements for other infrastructure needed for successful development, such as water, sewer, police, fire, etc. v. For Type A projects, demonstrate jobs created by economic development projects are "primary" jobs. vi. Dedicate any new road right-of-way to public use, indicate which local government agency will assume ownership, and illustrate how they have adequate ability for future maintenance. (The state will maintain the sections of projects on state highways. Local government will be responsible for roads and streets off the state system.) vii. Provide assurance of matching funds as required by the OTC. (ODOT's Right-of-Way Section will verify right-of-way estimates.) viii. Describe how the project is consistent with the Governor's Oregon Principles listed in the program criteria above. In evaluating the requirements, OECDD is responsible for evaluation with regard to job impact and economic merit. ODOT will assess the proposed transportation eligibility and merit. 5. Immediate Opportunity Fund request process The OTC requires a rapid five-step procedure for project requests using the IOF. The five steps to be undertaken in conjunction with OECDD are as follows: - OECDD Business Development Officer receives requests, reviews for economic merit, and forwards recommendation to ODOT Region IOF Coordinator. - OECDD reviews proposal with other Economic Revitalization Team regional field team members for consistency with the Governor's Oregon Principles. - ODOT Region IOF Coordinator reviews project request for transportation merit and with OECDD, jointly recommends action to ODOT Region Manager for approval. - OECDD Director receives ODOT and OECDD joint recommendation And makes a formal recommendation to ODOT Director for OTC approval. 3 Immediate Opportunity Fund Policy Guidelines (continued) October 2006 - Upon approval, ODOT Director notifies the OECDD Director and the local government sponsor and ODOT Region develops a project agreement between the local government and ODOT. The OECDD Director and the local government sponsors also will be notified of requests not approved. 6. OTC decisign and implementation The OTC's judgment on eligible projects will include consideration of the size of each project in relation to the availability of immediate opportunity funds, number of project requests, local community support, private participation, proportion of matching funds, scheduling of the development project and other factors such as employment generation, revitalization, improved industrial site access, and certification of industrial sites. Preference will be given to projects having a positive impact an safety, access and capacity of the State Highway System. The OTC will decide the commitment of funds within forty-five (45) days ofa request received from the OECDD Director. If approved, a project agreement between ODOT and the local government sponsor (and other participants, if necessary) will then be developed. The agreement will cover factors such as, but not limited to, project engineering, contracting, land use and environmental approvals, funding, and future maintenance and use. The agreement will also provide for reimbursement to ODOT by the local government sponsor if the promised number ofjobs created or retained does not materialize or is not documented. This may occur on a pro-rated basis, and time extensions may be allowed. When the OECDD Director indicates, in writing, that business conditions for the firm(s) cited in an IOF agreement have changed significantly, ODOT may re-negotiate the required number of jobs with the local government sponsor, and amend the agreement to address the change. Re-negotiation must be approved, in writing, by the ODOT Director and referred to the OTC for approval. Generally, the local government sponsor is expected to manage the development and construction of the project, and work directly with the private firm(s) involved. 7. Program administration The OTC will review the status of the Immediate Opportunity Fund with each project proposal. An annual evaluation of the program will be conducted, including any recommendations for changes, and presented to the OTC. It is the OTC's policy that no uncommitted balances accumulate in the Immediate Opportunity Fund. The highest balance available per biennium is $7 million. The OTC reallocates uncommitted amounts to the Statewide Transportation Improvement Program (STIP). The Statewide Section of the STIP document will list the annual fund allocation in each document update. For projects off the State Highway System, this program provides grants for project completion contingent upon job creation and other factors contained in this document. This is distinct from the usual focus on reimbursements for ODOT-sponsored construction activity. 4 F Y~On Department of Transportation Region 3 rhendom R Kulongmk6 Gavemar RECEIVED 3500 NW Stewart Parkway s Roseburg, OR 97470 JUN 16 20M (541) 957-3500 FAX (541) 957-3547 June 15, 2009 File Code: Mike Montero 802 Nadia Way Medford, OR 97504 Mike: You asked about the current Immediate Opportunity Funds (IOF) employment retention and creation obligations as they may pertain to Plexis. I understand you will review these with your client for the Kaufinan Crossing project / Croman Mill site in Ashland. First, I need to emphasize that the sooner Ashland submits an application the better. July, 1 is the beginning of our biennium, and with it a renewed funding of the IOF program. Last biennium's program received only $7M for the state. IOF funds are first-come, first-served for qualifying applications. Second, there are no specific threshold criteria for job retention or creation. That target is negotiated among the Oregon Economic and Community Development Department (OECD), sponsoring city, and developer. The target and other obligations are then recommended to the Oregon Transportation Commission for approval. ODOT and the city are signatories to as Intergovernmental Agreement that assigns the obligations, in exchange for the IOF Funds. Usually, a city will sign over those obligations (e.g., employment and retention targets) to the developer in an IGA between the two. On a related topic, the Oregon Economic and Community Development Department will soon start a pilot project using updated methods and criteria for industrial site certification. They will test these on a sample of three to five potential sites across the State. In May, and after your concurrence, I recommended to the Department, the Kaufman Crossing property. I also forwarded the Kaufman Crossing land use application packet that was submitted to Ashland. Site selection for the pilot is scheduled after July 1. Selected sites must have but one development hurdle (e.g., connective to a state highway) to achieve after certification. That's why I recommended the Kaufman Crossing property. I understand that all major development issues, with the exception of the connection to OR 66, are planned, or are resolved. I will keep you informed of the project's progress. Sincerely, Terry Harbour, Manager Planning Unit CITY OF ASHLAND Council Communication Council Authorization of a Land Use Application Involving City Properties Meeting Date: October 20, 2009 Primary Staff Contact: Bill Molnar Department: Community Development E-Mail: molnarb(cDashland.or.us Secondary Dept.: Administration Secondary Contact: Derek Severson Approval: Martha Benn Estimated Time: 30 minutes Question: Should the Council authorize the signing of a land use application that would include modifications to city-owned, public property along Winburn Way? Staff Recommendation: In September, City staff conducted a pre-application conference with the representative of a potential buyer at 85 Winburn Way, the private property between the Ice Rink and Pioneer Hall. The project would involve portions of city-owned property, and the applicant proposes improvements to the City's property, which may enhance the Ice Rink and Winburn Way. Staff believes it is worthwhile to continue to explore where this could benefit the community. If the Council wishes to authorize the consideration of public property in the formulation and design of a redevelopment plan for 85 Winbum Way, through co-signing the land use application, the Council should be clear that such authorization is not an endorsement of any future planning application. It is only a recognition that coordinated planning between the properties, City and private, may result in opportunities beneficial to the citizens of Ashland. As is always the case, the final decision on a future planning application will be based on the applicable approval standards described in the Land Use Ordinance, with public notice provided in accordance with the Ashland Municipal Code and the prospect for an appeal of the final decision. Background: On September 9, 2009, a pre-application conference was held at the Community Development Department regarding the property located at 85 Winburn Way. The pre-application involved a request for staff input on a conceptual proposal to rezone the property from Residential to Commercial. Staff's written comments from the pre-application conference have been attached. The property in question, 85 Winburn Way, is situated between publicly-owned properties, the ice- skating rink to the south and Pioneer Hall to the north. The agent for a potential buyer of 85 Winburn Way has indicated that his client is interested in a redevelopment proposal for the property. The agent has requested time before the Council to present more specific details of the proposal, as well as to describe the possible opportunities and advantages to the City by agreeing to a coordinated planning and design effort. Related City Policies: Ashland Comprehensive Plan - Public Services Element Page 1 of 2 ~r, CITY OF ASHLAND Goal: To provide public utilities, services and facilities in an orderly, efficient and environmentally sensitive way and in sufficient quantity to meet city needs now and in the future. Council Options: The Council could describe what additional information and details are needed before they can make a decision on whether or not to authorize city-property to be involved in a land use application for the redevelopment of 85 Winbum Way. The Council could authorize the Mayor to co-sign a land use application, so that city-owned property may be considered in the design of a redevelopment plan for 85 Winbum Way. The Council may decide that the City is not interested in having public property considered as part of a land use application for the redevelopment of 85 Winbum Way. Potential Motions: 1. Move to request that the following information be provided to the Council prior to determining the City's desire to be part of a land use application for the redevelopment of 85 Winbum Way. 2. Move to authorize the Mayor to sign a land use application, permitting consideration of city-owned property in the design of a redevelopment plan for 85 Winbum Way. 3. Move that the Council take no further action with regards to this request. Attachments: Area vicinity Map Area zoning designations Submittal from applicant's agent - dated 9.30.2009 Planning Division pre-application comments - September 9, 2009 Page 2 of 2 ~r, 0 51 Winburn Way City of Ashland (Comm Dev &.Eng. Bldg) 59 Winburn Way City of Ashland (Community Center) Pr~ a/e t 73 Winburn Way O City of Ashland (Pioneer Hall) 85 Winburn Way ' LITHIA PARK Z % Ice Rink/Public Parking City of Ashland i ' O Nutle St HIA PARK 0 50 100 200 Feet \ \ RNV' O O O O N N O O t0 N O h O V/ ~ 4 ~ ~ ~ 7 v? ~ N N M d' ` U U W 2 Z K 2 K K K a 1U R BAN DEVELOPMENT SERVICES, LLC LAND USE PLANNING AND DEVELOPMENTSER VICES September 30`s, 2009 City of Ashland Attn: Martha Bennett, City Administrator 20 E. Main Street Ashland, OR 97520 Subject: 85 Winburn Way (Parkside Cafe) As you know, over the past number of months preliminary discussions and planning efforts have occurred regarding the property at 85 Winbum Way (cafe site located between Pioneer Hall and the ice skating rink/public parking lot). Unfortunately, the property has fallen into disrepair and has become a negative distraction to its neighbors, the citizens of Ashland and its many visitors. The building has had no maintenance work for many years and is literally falling apart. Instead of an attractive and active use that compliments Lithia Park, the Ice Rink or Pioneer Hall, the building appears as if it is vacant and lifeless. However, the property is "for sale" and I represent the potential buyers of the property who are also neighbors to this site. The buyers are very sincere regarding the acquisition and would like to propose an application that would not only be acceptable to the City Council, but would be realized as a philanthropic gesture to the citizens of Ashland. Preliminary discussions with various civic leaders and many of the site's adjacent neighbors have already occurred - all of which were enthusiastic regarding the proposal. Proposal: The proposal would include the redevelopment of the property with the same use - a private restaurant / cafe. However, unlike the current building and site elements which have been severely altered numerous times since 1896, the proposed building's architecture and site layout would incorporate common opportunities and be respectful to its adjacent neighbors - Pioneer Hall, the Ice Skating Rink, Lithia Park and the residential neighbors along Granite Street. At the present time, there are no plans for the site's proposed building -just a vision of a contextually compatible, civic minded, park-like, iconic, human scale and an emotionally accepted building that will enhance its surroundings. The applicants intend to form a local team of design professionals, form a committee of citizens and neighbors and execute the vision as described above. Once these plans are finalized, a final application, including a Development Agreement between the City and the property owners, will be submitted and the public hearing process will begin. The Development Agreement with the City is desired by both parties to insure mutual concerns are addressed and project amenities are realized. 485 W. Nevada Street I Ashland, OR 97520 1 phone 541.482.3334 1 fax 541.482.3336 Project Amenities: The principle goal is to design an iconic "park like" structure that incorporates public amenities "on and off' the property with the intent to improve the relationship and synergy between the adjacent properties. Although dependent on Committee input, staff recommendations and final building plans, the public amenities will likely include: - Changing room facilities for ice skaters (within proposed building); - Warming facilities for ice skaters and spectators (within proposed building); - Equipment rental storage (within proposed building),- - Heated office space for Park's staff (within proposed building); - New Zambonie building (south side of skate rink); - Spectator accommodations and viewing areas (within proposed building); - Improved staging area (Pioneer Hall); - Widened sidewalk with street trees; - Hidden trash enclosure; - Public seating areas; - Sustainable and conservation minded building; - Attractive, active and maintained streetscape. Note: It is not the intent of the neighbors to build a massive structure that dwarfs everything around it, but instead it is their intent to design and construct a building that enhances the streetscape, improves the recreational opportunities for the adjacent properties and breaths new life into the business. Public/Private Partnership: Considering the application will involve property owned by the City (Pioneer Hall and skating rink/public parking lot) which will include landscaping and structural improvements, the final application will require authorization by the City Council to proceed in accordance with the requirements of Chapter 18.108, Procedures. Section 18.108.017. A.I.e. which requires the authorization of involved properties owners and specifically states: Complete and signed application form. The application must be signed by one or more property owners of the property for which the planning action is requested, or their authorized agents. The application shall not be considered complete unless it is accompanied by the appropriate application fee. Note: Authorization by the City Council to permit the processing of a land use application involving the adjacent properties will not establish an endorsement of the proposal. The land use application would proceed through the normal procedure with the application being publicly noticed and heard by the Historic Commission, Tree Commission, Park's Commission and Planning Commission. During each public meeting, public comment will occur and the proposed application will either succeed or fail on its own merits. Entitlement Process: The property is zoned R-1-7.5 (Residential) and the existing use operates under the umbrella of a Conditional Use Permit. The adjacent properties to the north (Pioneer Hall, Community Center and the vacant dirt parking lot) are also zoned residential. The zoning designation changes to commercial at the Community Development Department building, where it was recently rezoned from 485 W. Nevada Street I Ashland, OR 97520 1 phone 541.482.3334 fax 541.482.3336 Residential to Commercial during its purchase and entitlement process in 2000-2001 (Zone change from R-1-7.5 to C-1 -D and four Variances from the Downtown Design Standards -PA-2000-124). Unfortunately, because of the residential zoning designation and the fact the use operates under the umbrella and of a Conditional Use Permit (CUP), it appears to have played a "significant" role in why the building has fallen into decay and the use practically vacated. This is compounded by the fact the process for a CUP amendment is expensive, discretionary and difficult to justify. I've spoken to a number of the site's previous property owners and each was very adamant the ability to operate a normal business or adjust to market conditions was severely difficult under the current permit, costly to modify and the end result unknown. So severe, that the property has exchanged hands approximately five times in the last 20 years. Note: It is also important to understand that under the current residential zoning, "no discretion" by the City is permissible if someone proposed a single family house - none. This would also include the privately owned dirt parking lot between the Community Center and the Community Development Department building. In my opinion, and I assume most citizens' opinions, a residential house on either parcel would be unacceptable and a mistake. Nevertheless, the applicants would like to explore with the City Council and Planning Staff what the best approach would be to not only correct the current situation, but to allow the current use and building to expand so that it thrives and reacts similar to any other business. As such, there are three options the Council and the applicants should consider -1) a Conditional Use Permit Modification, 2) a Rezone from Residential to C-1-D or 3) No consideration and abandonment of the proposal. 1) Conditional Use Permit Modification (CUP): The benefit of a CUP is that the issues are isolated to the site in question. Unfortunately, the criteria for a Conditional Use Permit approval are difficult with the principal justification being the "proposed use's impact" must be "similar to the intensity and impacts associated with a single family residence". However, the previously approved Conditional Use Permit appears to allow for a significant amount of flexibility and its modification would be based on previous approvals. 2) Rezone from R-1-7.5 to C-1-D (with Development Agreement): The benefit of a rezone is that the use better reflects the zoning. The business will either fail or succeed on its own merits and can react to market conditions quickly. The ability to construct a single family residence with no design discretion would be eliminated and instead a compatible "park like" structure, open to the public, relating to the neighboring properties, functioning with the neighboring properties and reviewed and approved via a public process. Other than initial perceptions, the applicant's contend the rezoning is far more comprehensive especially with the overlay of a Development Agreement. 3) No consideration and abandonment of the proposal. As stated previously, the applicants are neighbors and are sincere in their commitment in creating a "place" - a place where people want to gather and enjoy watching their kids and friends ice skate or play in the park. The applicants are also committed to re-developing this site in such a way that it's a philanthropic gesture and an opportunity to create a successful business. However, if the Council, Park's Commission and staff believe nothing should occur, the applicants would close the Sale's Agreement and end the discussion. Overall, the applicants and I look forward in partnering with the City to create a logical outcome that benefits the citizens of Ashland for future generations. We appreciate the opportunity to try and explain the proposal and the complex circumstances relating to the zoning and history of the site. Obviously it is 485 W. Nevada Street I Ashland, OR 97520 1 phone 541.482.3334 fax 541.482.3336 far more complex than even addressed herein, but if need be, I would happily attend a meeting with the Council to further explain the details and opportunities. If for any reason staff has a question pertaining to this proposal or there is a need to meet on-site, please do not hesitate to contact me at 821-3752 (cell) or 482-3334 (office). Sincerely, Mark Knox Urban Development Services, LLC. Attachments: Pre-application-8114109 Neighborhood Notice - 8128109 85 Winburn Way-A Brief History 485 W. Nevada Street I Ashland, OR 97520 phone 541.482.3334 fax 541.482.3336 85 Winburn Way-A Brief History TL 391E09BC-3000, Account Number 1-006746-1 Fronting on Winburn Way for 146.33 feet, between 80 and 91 feet deep, and containing .29 acres, this parcel was historically associated with the ASHLAND CREAMERY, located to the 116 south on what is now the City-owned parking lot. < 3000 d o.2e~ n The Ashland Creamery, owned by Domingo Perrozi (who lived „ ? a directly above the subject lot, at 88 Granite Street (TL 2900), ? was a prominent local business, producing milk, ice cream and other product. The creamery was established on this site in Autumn 1896. "By 1905 the operation was distributing milk, butter and other products to a large area over southern Oregon Figure 1: Tax Lot 3000 and Northern California (Atwood, 1988-90). and, according to Sanborn Fire Insurance Maps, remained here at least through 1949. In 1957 the Perrozis donated three lots, apparently including the creamery site, to the City of Ashland. e As shown in the adjacent 1911 Sanborn Map, the S subject parcel at 85 Winburn Way (originally Mill t Street), was occupied by a small warehouse near the center and a small, two-story, building at the NE ° comer, both wood frame. 1928 Sanborn show the col same construction, with the two-story building identified as a garage. Both these buildings are assumed to have been used in association with the Creamery. Jackson County records document that the subject lot (~k was purchased from Joyce E. and Emmett Beeson by William H and Bette D Hampton in May 1952, "...together with all the furniture, furnishings, fixtures and equipment" (JCD 366:50), meaning that the Beeson were likely responsible for the construction of the building on the site. Mr. Hampton operated the Bohemian Club Bar in the Oregon Hotel and so may have run a small cafe here as well. Figure 2: sunburn Map, June 1911 Prepared by George Kramer, Kramer & Company 7/2009 11 Page 85 Winbum Way-A Brief History TL 39 1 E09BC-3000, Account Number 1-006746-1 p a In 1958 the property was sold to U y Donald and Ethel M. Cattanach R o and then, in 1962, the property y z was purchased by May Allen, u s who would retain possession until c a . 1967. The 1964 Polk City Directory lists 85 Winbum as the location of "Dairy Dan," operated by Mrs. Allen. Multiple property transfers after 1967 continued the use of the site } . as a small cafe/ice cream parlor. p Q} Serial modifications and 9 9 expansions to the structure created 11 the present, enlarged, footprint. a By 1985 the business was known u;` Z as "Creekview Caf6," owned and K+ g a operated by Bush and Lori ~4 Yom; ~t Hayden. In 1991 the business was known as the "Lithia Cafe." F ~.~{{G7f9N~ Z3 ~ y • ~4 l J •p @ t A} U 1 tcv_ !aE ,g 9ShL.qjy4g . Cf1'f/IM£Ry u p -.[WAIF ri~5R.- !'OI i.: rXvRI IV:".: YJ p'. fiFM. - FC•EGryUPLi: (h'~%:[FL'+ II li . u Figure 3: Sanborn Map, 1928, UPDATED to 1949 Prepared by George Kramer, Kramer & Company 7/2009 2 I P a g e 85 Winburn Way-A Brief History TL 391E09BC-3000, Account Number 1-006746-1 ~ ssr d M a y Figure 4: Ashland Creamery, circa 1897 51 rt + yty, aye, ,r, ,2 a^ r ~4433~~ - -.F4 '1 T tom" ~ YS'e Y" +6~s~u l~1...,.,L ~ Lo .'-"1' *~~-wM 9E~_~_c3~x .c f'~~+.ic~r2~~~... "7.Py,~a•1'~.h4`i.ll~ n .;;:s,'.. Figure 5: Ashland Creamery Bldg, c1930 (Terry Skibby Image) Prepared by George Kramer, Kramer & Company 7/2009 3 I P a g e 85 Winbum Way-A Brief History TL 391E09BC-3000, Account Number 1-006746-1 ✓ ~,i tk Nj~`r s. ~f.+wyisl~2~ dia`'*~txt"dLfkt~c k~!6 ~ ~~Y"`k~"cn~h {~e~~+ ,r u~^ h54s' y?T v°x' Dry' s ;(t " x t sir's ° '^.at~.'iyrgq•(w~T gwrrgyy K),}+i>yi ( 't3.c ,r uu' t } ,♦xIj L^t,~~~ 1,~ `t .uz -r _ -d~ +R{} j'kM~pe rX`y+TS 3 #~~t~kt~ti ski L~ ~ :k~`M~~f%F~s 5~~r~..,7 ~„~,"4` r l'ME•r.:1 ~~~rr 4~tui Y~a~' ~F~ ~~~i - t ~ y~ =•F ~ ~.:'q~h 43 Y 2 few ti x y@ l r~.. t a ~I t t t i~ ~ 4 C Y t - ik ' I 'f~Y II '4. ~r t~ ti5,r. a.,i~;, "T ,ilC+"„~ t' a t1 l~~ "-S "t' ~aua t ~'~Y ~ , ..,-mss +ya,.y y,~,'. wt v ~ f .~g ~ ~ f: ¢~u+d r+x ,+r iT i Ik53` + _ .,y tx t+ ~ilq" it i Figure 6: "Creekside Cafe" May 1979 (Terry Skibby Image) Prepared by George Kramer, Kramer & Company 7/2009 4 P a g e U R BAN DEVELOPMENT SERVICES, LLC LAND USE PLANNING AND DEVELOPMENT. SERVICES s. K. August 28`', 2009 Granite Street Property Owner Subject: Neighborhood Meeting - 7:30 to 8:00 p.m. on Wednesday, September 2"d, 2009 Regarding: Map and Tax Lot, 391E09BC Tax Lot #3000 Property Address: 85 Winbum Way (Parkside Caf€ - across from Lithia Park) Meeting to be held "°on-site" Hello, My name is Mark Knox and I'm a local Land Use Planning Consultant representing the potential buyers of the property located at 85 Winburn Way with various land use matters regarding this property. I wanted to invite the neighbors to discuss the possible re-development of this property and hear your ideas and concerns prior to formulating any ideas or generating plans. As I'm sure you know, the buildings on this property have fallen into disrepair and have become lifeless. However, the property is extremely special due to it's proximity to Lithia Park and the Downtown, but any consideration warrants input from its neighbors as well as the community. In fact, the buyers are also neighbors of the site and feel strongly about this issue which is one of the principal reasons why they would like to purchase and redevelop it. At the present time, their only desire is to maintain the same use, but with a much more dynamic and pleasant dining experience than the one that exists today - all of which is located in a new building that is both respectful to its neighbors (you, the rink, Pioneer Hall and the park). I don't expect the meeting to last longer than 30 minutes. However, if for some reason you can't attend the meeting or will be outside the area, please feel free to contact me at 541-821-3752.1 look forward to meeting and/or talking with you (some of you I've known so I look forward to seeing you again!). Sincerely, Mark Knox Urban Development Services, LLC Phone: 541-482-3334 Fax: 541-482-3336 URBAN DEVELOPMENT SERVICES, LLC LAND, USE PLANNING AND DEVELOPMENT SERVICES August 14`h, 2009 City of Ashland Community Development Department 59 Winbum Way Ashland, OR 97520 Subject: Pre-application: Winburn Way Zone Change & Comprehensive Plan Map Amendment The applicants would respectfully like to request a pre-application meeting to obtain feedback and direction from City staff regarding a proposed Zone Change and Comprehensive Plan Map Amendment for the three parcels identified below along Winbum Way. As described on the attached map, the subject properties are currently zoned Residential (R-1-7.5) and the proposal would be to rezone the parcels to Commercial (C-1-D) in order to better reflect their current and historical uses. Depending on the outcome of the pre-application, the applicants would then submit a second pre-application for a new building to be constructed at 85 Winbum Way (cafe site). Properties: Parcel 1 R v Address: None Use: Vacan parking f' r ~ y tk r _ m ,M1 Owners: Vacant parking lot (private) !f d x at' 4 f f. Parcel 2 P-h Address: 59 Winbum Way , a Owner: City of Ashland } Use: Community Center & r' Pioneer Hall Buildings r (public) .4 Parcel 3 t! !a,A eIy Address: 85 Winbum Way ' ! Owner: Maya Viknius 4 r,~ - r ,r ¢ •+.Qr Applicant: Mark Knox, t 1 k. (v r. r UDS, LLC. i,r. V f` Use: Cafe (private) r 485 W. Nevada Street I Ashland, OR 97520 1 phone 541.482.3334 fax 541.482.3336 I+J It is not the intent of this proposal to significantly alter the existing uses, but it is the intent of the applicants to seek approval of a zoning designation that better reflects the existing uses and allows these uses to operate and be responsive to market conditions as other business do. However, the applicants are also aware the proposal will likely generate initial public perception and conjecture that certain uses (i.e., a fast food restaurants or drive-thru business) would be permissible, but with staff's input and the applicant's strong desire to not only maintain the "park-pedestrian-like" streetscape, but to also evaluate how the adjacent "public" properties may be enhanced to provide for improved recreational services and streetscape atmosphere for the residents and visitors of Ashland, we're confident these initial concerns will be diminished. Regardless, in order to minimize impact on the surrounding neighbors, the applicants are prepared to consider all options and opportunities. For example, the current physical association of the cafe site and the ice skating rink / parking lot to the south is completely void of a relationship - that at one time existed (albeit minimally), but with thoughtful planning and designing, there could be some synergy created that benefits the two parcels. In this case, the ice rink does not have its own facilities for bathrooms, employees, spectators, beverages, shelter or storage for the skate rentals. In addition, there is no place to park the Zamboni machine (vehicle that refreshes the ice) which now has to cross through pedestrian (mostly children) traffic and tracks-in gravel and petroleum residue from the street. A similar list of limitations could also be created for Pioneer Hall to the north. However, with some creative designing and synergistic connectivity between these three properties, the end result would be far superior to what exists today. The applicants contend this is an incredible opportunity to improve public services and enhance the Winbum Way pedestrian streetscape by planning, designing and possibly constructing these types of facilities at the same time they're designing and constructing the proposed new building. The applicants have also considered how this proposal may also negatively. impact its surroundings and have considered a variety of options such as the creation of a Development Agreement where the approval would solely be for a certain type of business such as a local restaurant / cafe, but with no fast food, no drive-thru, or no major corporate ownership (McDonalds, Starbucks, etc.). Specifically relating to the proposed building at the caf6 site, the applicants are also willing to address with the Planning, Parks and Conservation Department staff a variety of options that would create a better and more conservation minded building which may include a retractable roof and rooftop flower garden for not only thermal heat retention/reduction, but also for it's visioned park-like atmosphere or to add porous concrete in outdoor dining areas which could include the adjacent property improvements. Overall, the applicants are considering a well planned, architecturally creative and civic minded proposal not often seen in modem urban developments. With the Zone Change and Comprehensive Plan Amendment, it is the applicants belief numerous oddities with "all" of the parcels will be resolved. For example, the caf6 / ice cream building has been in operation as a creamery selling milk products as early as 1896. When zoning was established in the late 1960's and the property was initially zoned residential, the property's use was considered "legal" but non-conforming as its "use" was commercial in a residential zone. This created a difficult circumstance where the site's use and its structures could only be altered if a Conditional Use Permit was obtained. Furthermore, at one point in the site's history, possibly in the late 1970's, the use of the property was designated as a "seasonal" business which adds confusion and is unclear within City files as to why the use would be considered "seasonal" when it was a pre-existing "annual" business operation since 1896. And, what is the definition of "seasonal"? Which season? How long is a season and could a season be one hour a day for one day of the week? These questions remain unresolved. 485 W. Nevada Street Ashland, OR 97520 1 phone 541.482.3334 1 fax 541.482.3338 Compounding these questions, the current approval, includes a 17 space parking Variance meaning the existing use "could" operate with significantly more tables and chairs without the proposed Zone Change and Comprehensive Plan Amendment, but the combination of the uncertainty of "seasonal" or the fact the process for any Conditional Use Permit can be highly discretionary, litigious and lengthy. Business owners, as evidenced over the last 30+/- years, have been frustrated and have said they can not create a viable business that is economically sustainable nor is there any ability to maintain the building and its grounds. Unfortunately, because of these oddities, the existing cafe can no longer continue to operate under its current "residential zoning" and the entitlement of a Conditional Use Permit. Alternative Option: An alternative option exists where instead of looking at the three identified parcels above, a single lot evaluation for 85 Winburn Way could be considered. Although this appears to be premature and would likely draw some criticism during the public hearings, it is an option and one that is not likely going to end in a result that is much different than the three lot proposal as explained above. The applicants would still desire a holistic approach with its immediate neighbors regardless of which parcels would be included in the zone change and Comprehensive Plan Amendment. Parking: Besides building architecture and permissible uses, a principal issue with a zone change from R-1-7.5 to C-1-D (no parking overlay) will be the impact on the available parking within the immediate vicinity. The applicants believe parking is a legitimate concern, but a concern that should be balanced with smart growth policies as well as the many other policies and goals of the Council (improved recreational services, off-season business attraction, job creation, sustainable business, historic preservation, architectural compatibility, etc.). Considering the cafe site already has approval of a parking space Variance, the proposed zoning overlay essentially legitimizes past approvals from the City's Planning Commission where they felt there was an abundant amount of parking directly across the street or adjacent (In fact, the minutes of these hearings clearly show the Commission's surprise the property wasn't already zoned commercial). Overall, the applicants contend that because of the amount of parking spaces already within the immediate vicinity as well as the fact that most patrons will already be visiting the park, other downtown attractions or will be neighborhood pedestrian trips, the impact on parking will be nominal. Utilities: All of the existing utilities appear to be readily available within the adjacent Winbum Way right-of-way. After brief discussion with staff and local utility providers, there doesn't appear to be a capacity issue of any of the utility services. However, at the time of the formal application, a more thorough analysis will be completed. Procedures: Unless staff directs the alternative approach as described, the application will involve property owned by the City and the final application will require authorization by the City Council to proceed in accordance with the requirements of Chapter 18.108, Procedures. Section 18.108.017. A.l.c. which requires the authorization of involved properties owners and specifically states: Complete and signed application form. The application must be signed by one or more property owners of the property for which the planning action is requested, or their authorized agents. The application shall not be considered complete unless it is accompanied by the appropriate application fee. Authorization by the City Council to permit the processing of a land use application involving the Community Center and Pioneer Hall buildings will not establish an endorsement of the proposal. The land use application would proceed through the normal procedure with a recommendation on the Rezoning and Comprehensive Plan Map Amendment from the Planning Commission to the City Council, and a decision by the Planning Commission on the application for a Site Review Permit for the development of any proposed buildings. 485 W. Nevada Street I Ashland, OR 97520 1 phone 541.482.3334 1 fax 541.482.3336 Parcels in Question: Parcel l Address: Vacant Owners: Roberts / Mattson Use: Parking lot (private) x t fl ~ ~1 h .i a vyy~v ~ fY } F l Y.: S ai~t nSi v~" `P ~s ~ e, ~4i ~'~r~; " t•-~ Nat - = z t n_~r This property has always been an unimproved vacant parking lot privately owned and operated. Its ideal central location and central position between the Community Development & Engineering Services Building and the Community Center as well as its prominent view from Litbia Park make it an important property that warrants consideration and forethought. As it exists today as a private dirt parking lot, the property is underutilized and reflects negatively on the Winbum Way and Lithia Park streetscape. Under current zoning, the property owners could build an approximate 2,860 square foot single family residence. Although the property is within Ashland's Historic District, there is no opportunity for "discretionary" public review of a home's architecture. In essence, the property "could be" developed as a contemporary house with a large garage face and a 30' wide parking pad predominately dominating the streetscape, removing on-street parking, with no public input or appeal opportunity. Fortunately, the current property owners, who own a real estate business in the near vicinity, see the best use of the property, based on their current business circumstances, as a parking lot. Again, there are no immediate plans for this parcel, but its inclusion in the proposal is to simply evaluate it and the other two identified properties in a comprehensive manner. 485 W. Nevada Street Ashland, OR 97520 1 phone 541.482.3334 fax 541.482.3336 Parcel 2 Address: 59 Winbum Way Owner: City of Ashland Use: Civic t r~ Sl ii F 1 k Once on separate tax lots, both the Pioneer Hall Building (left) and the Community Center Building (right) now sit on one tax lot owned by the City of Ashland and managed by the Ashland Parks Department. Both structures were built in 1921 by A.L. Lamb according to Ashland's Cultural Resource Inventory (CRI) and both buildings went through extensive restoration in the mid 1980's. Since their construction, both buildings have been used for various public uses such as men and woman clubs, weddings, recreational classes, educational classes, government meetings, etc. Both buildings are significant to Ashland's history as each were generally funded by two prominent citizens, Gwin S. Butler (Pioneer Hall Building) and Jesse Winbum (Community Center Building). According to the CRI, Pioneer Hall has a "secondary" local ranking and the Community Center a "primary' local ranking. The Community Center was listed on the National Register of Historic Places in 1989. Although built within the same year and by the same contractor, the two buildings have only minor similarities. Both are single story, both have east facing gables and both have their entrances facing the street. In addition, each building is considered "legal non-conforming" as each does not have parking, both appear to exceed their impervious coverage and both do not meet the required front or side yard setbacks. However, each building is very different in materials used (interior and exterior), platform and in their sense of entry. It is not the intention of the proposal to change the use of either building, but instead provide the opportunity for staff, the City Council and the Park's Commission to comprehensively evaluate both buildings as they relate to the adjacent properties. In the applicant's opinion, if this property is also considered for a rezone, the use and architecture would remain as is and the non-conforming elements resolved. Thus, the rezoning has only a logical outcome. 485 W. Nevada Street I Ashland, OR 97520 1 phone 541.482.3334 fax 541.482.3336 Parcel 3 Address: 85 Winbum Way Owner: Maya Viknius Use: Cafe Proposed Use: Cafe yy p y t . Y vneq Z i 1K- Ld r.R Cv. i t: t q . , a q~ ~-*A ~ ~i ~,g,~ rvi nvsav- I ' ' a ~ Yl~'IL9UW.YV ``:YfWJb]{EU '`fi'e.rv 'A~ h ~_4 1 d ~ f9 i; x •,A ~ s t n'Sf4-i ~u ter»,.a S:R° . 151 ,`tT. « YrsiM'~ .i.. r a The proposed use of 85 Winburn Way will essentially remain the same as it exists today, but with a new building that is respectful to Lithia Park, the Ice Rink and Pioneer Hall (further described below). The proposal would allow owners to successfully operate a caf8 business throughout the year instead of its current "seasonal" status under the constraints of a "Conditional" Use Permit. However, the applicants understand this property, as well as the other two properties, are highly sensitive due to their relationship with Lithia Park and its importance to Ashland's livability, beauty and economy and therefore expect to seek approval of the Zone Change and Comprehensive Plan Map Amendment under the umbrella and guidance of a Development Agreement between the private property owners and the City. At the present time, there are no plans or preconceived ideas for the site's proposed building - just a vision of a contextually compatible, civic minded, park-like, iconic, human scale and an emotionally accepted building that will enhance its surroundings. Once this pre-application meeting is completed and the City Council has considered authorization to include the Community Center and Pioneer Hall, a second pre-application will be submitted illustrating the general nature and design of the new building. The applicants intend to form a local team of design professionals, form a committee of citizens and neighbors and execute the vision as described above. Once these plans are finalized, a final application will be submitted which will include a proposal for a Zoning Map Amendment, Comprehensive Plan 485 W. Nevada Street Ashland, OR 97520 1 phone 541.482.3334 1 fax 541.482.3338 Map Amendment, Development Agreement and Site Review Permit and process each through the regular land use procedures as described in Chapter 18 of the Ashland Municipal Code. Summary: Overall, the applicants look forward in partnering with the City to create a logical outcome that benefits the citizens of Ashland for future generations. This pre-application submittal is not an official application for a zone change as the official application will include findings of fact, detailed explanations, and new building design for 85 Winbum Way. Again, it is the applicant's intent to present some preliminary explanation to staff as well as the City Council in hopes that a public / private partnership could occur in order to evaluate the three properties in question in a comprehensive manner. If it is determined, the Community Center and the Pioneer Hall Building do not need to be considered, but the other two properties should, then the applicant will proceed accordingly. If for any reason staff has a question pertaining to this proposal or there is a need to meet on-site, please do not hesitate to contact me at 482-3334. Thank you for your time spent reviewing this pre-application. Sincerely, Mark Knox, Applicant Urban Development Services, LLC. 485 W. Nevada Street I Ashland, OR 97520 phone 541.482.3334 1 fax 541.482.3336 The comments of this pre-app are preliminary in nature and subject to change based upon the submittal of additional or different information. The Planning Commission or City Council are the final decision making authority of the City, and are not bound by the comments made by the Staff as part of this pre-application. ASHLAND PLANNING DEPARTMENT SITE: 85 Winburn Way PRE-APPLICATION CONFERENCE APPLICANT: Urban Development COMMENT SHEET Services September 9, 2009 REQUEST: Comp Plan Amendment and Zone Change (Specific development proposal to follow in second pre-app) ZONING: R-1-7.5 PROPOSED: C-I-D LANDSCAPING REQUIREMENTS: 10% (7% in parking areas - including driveway isles) site, size, and species specific landscaping plan required at time of formal application. Include street trees, I per 30' of street frontage. Also include "shade" trees in parking area - 1 tree per 7 parking spaces. Trees within parking area should be located in landscape fingers or islands. Avoid using lawn. Provide irrigation system for all landscaped areas. Tree requirements for parking areas shall consist of a mixture of deciduous trees and shall shade the parking stalls. Landscaping shall be designed so that 50% coverage occurs after one year and 90% after 5 years. TREES: Submittal requirements shall include items noted in Chapter 18.61.050. In addition, all trees to be removed shall meet the criteria noted in 18.61.080 and all trees to be saved shall meet the requirements noted 18.61.200. If trees are to be removed, the applicant is required to request their removal with the application submittals. PARKING, ACCESS, AND INTERNAL CIRCULATION: No on-site parking is required within the C-I-D zone. SETBACKS: No standard setbacks within the C-I -D zone except for a required 10-foot per story setback in the rear and a 10-foot sideyard when abutting a residential zone. LOT COVERAGE: In the C-I-D zone, there are no lot coverage requirements. Regardless, please identify on site plan and in text all areas of landscaping, impervious surface, patio space, etc. SIGNS: As per 18.96. A separate sign permit will be required prior to installation. PLANNING STAFF COMMENTS/ISSUES: Historic Use of the Site/Approvals: To provide some historical reference... PA #82-88 involved a Variance to a parking requirement of 23-24 spaces for 40 indoor and 50 outdoor seats. With that approval, only 7 auto and 7 bicycle parking spaces were required to be provided for 90 seats at the Creekside Cafe (i.e. a Variance of 16-17 spaces). During discussion of that application in January of 1983, the Planning Commission minutes indicate that the Commission considered the appropriateness of the residential zoning. When it was suggested that a Commercial zoning might be more suitable to the uses in place, the discussion noted that with a zone change to Commercial, controls on commercial expansion of the Cafe would be greatly reduced and it made more sense to retain the residential zoning and the controls associated with a Conditional Use Permit. It was also noted at that time that the other buildings on the block (Parks buildings and fraternal organizations/lodges) were not necessarily commercial in nature and were already established. Demonstrated Public Benefit: The current block layout has maintained public buildings along Winburn Way between the downtown and the park to allow some sense of transition between the high-intensity commercial use and the public recreational uses, and has functioned as a de facto public services zoning. While staff recognize that there could be a place for a commercial component within this transitional area if it were executed in a manner complimentary to the adjacent park and surrounding historic neighborhood, we aren't certain that simply extending the C- ID zoning for the remainder of the block is the best method to achieve this. A final application submittal would need to clearly articulate the proposal in terms ofa public need/public benefit, and how such benefit would be significantly different than simply redeveloping the existing cafe site in a more complimentary manner (i.e. Could the existing cafe be renovated in cooperation with the Parks Department through a development agreement which might allocate some parking in the Ice Rink lot in exchange for restrooms and/or other facilities, allowing a significant renovation of the building and some frontage improvements under a modification of the existing CUP?) Previous applications for similar proposals have been met with some concerns for the potential impacts of drawing more intense commercial use into Lithia Park, a treasured community resource; for increasing the intensity of development within close proximity to the Ashland Creek floodplain; and for the potential increase in parking demand in an area where parking is already frequently at (and often above) 95 percent of capacity even during "the off-season". In staff s view, more detail would be necessary to address these concerns and demonstrate a significant public benefit, which is the most applicable approval criterion. Parking Issues: As noted above, parking in this vicinity is nearly always at or above capacity. With a C-1-13 zoning, no additional parking would be required of the applicants and any additional parking demand created by development of these parcels would need to be absorbed by surrounding on-street parking spaces. This could be significantly amplified if the existing parking lot to the south of the Community Development and Engineering Services Building were redeveloped as an intense commercial use, increasing parking demand while removing existing parking spaces from the existing supply. This is likely to be a concern for park users, Granite Street neighbors, and the plaza-area merchants, many of whom already voice concerns over parking impacts in this vicinity. Staff would suggest exploring options for retaining some parking on-site (4-6 spaces?). Drive-Through Uses: The pre-application narrative provided seems to indicate that the operation of a fast food/drive-through use on the property is a potential concern that could be avoided through the proposal and that they would be willing to forego this potential use in favor of the zone change. Applicants should be aware that Ashland's Land Use Ordinance specifically restricts not only the number of drive-through uses allowed within the city, but also the portion of the city where they are allowed, and no such use could be put in place on the subject property under the existing or proposed zoning without significant legislative modifications to the ordinance restrictions. Staff has no reason to believe that such modifications would be viewed favorably by the Council or the community at large. Form-Based Proposal: In staff's view, the biggest obstacle to the proposal may be the uncertainty that would come with a zone change -the C-1-D zoning provides a wide array of options that could impact the area. Given that the proposal involves only two privately owned parcels, the most effective means to address this uncertainty may be through a form-based approach where the proposed building forms could be identified with the proposal, thereby resolving much of the perceived uncertainty of the proposal and perhaps clarifying some of its benefits as well. Additional performance measures could also be applied to address items including traffic generation, noise, occupancy type, hours of operation, etc. Hillside Development Permit: The subject property is located within the Hillside Lands Overlay zone, and includes some lands with slopes in excess of 25 percent. If any part of the proposal to build on these properties involved development (as defined by ordinance) of Hillside Lands with slopes in excess of 25 percent a Physical & Environmental Constraints Review Permit for Hillside Development would be necessary. Traffic Impacts (TIA): Applicants will need to verify whether a Traffic Impact Analysis will be required by the Public Works/Engineering Division given that the project involves a zone change which could trigger an increase in vehicle trips to a state highway (via indirect access to/from Main Street). Neighborhood Impacts/Outreach: Given ever-increasing levels of scrutiny for each project, Planning staff strongly encourages applicants to approach neighboring property owners to make them aware of the proposal, and try to identify and address any concerns as early in the process as possible. In particular, both the plaza area merchants and the Granite Street neighborhood may merit outreach given potential impacts of the proposal. Commercial Spread into Lithia Park: The extension of commercial zoning further into Lithia Park may present a concern for some. The applicants will want to arrange for a discussion with the Ashland Parks & Recreation Commission to gauge their potential support of this application. Next Steps: To be deemed complete, a final application submittal would need to include a zoning permit application signed by all property owners. The applicants would need to contact the City Administrator's office to request placement of the proposal on a future City Council agenda for an Executive Session to allow Council to determine whether there was willingness on their part in signing onto the application. At the time a development proposal for the site(s) is prepared, the applicants would need to address additional issues including Site Review approval, Physical and Environmental Constraints Review Permit, and Tree Inventory, Tree Preservation and Tree Protection. Information on these components of the application may be found on-line at http://www.ashland.or.tis/comdevdocs and will be provided, along with more specific and detailed comment, at the time a second pre- application is submitted. Written Findings/Burden of Proof: This pre-application conference is intended to highlight significant issues of concern to staff and bring them to the applicant's attention prior to their preparing a formal application submittal. Applicants are advised that written findings addressing the ordinance criteria are required, and the applicable criteria and required plans are explained in writing below. All applicants are encouraged to consider enlisting the services of a private professional land-use planner to prepare their application. The burden of proof is on the applicant(s) to ensure that all applicable criteria are addressed in writing and that all required plans, written findings, and other materials are submitted even if those items were not discussed in specific, itemized detail during this initial pre-application conference. OTHER DEPARTMENTS' COMMENTS BUILDING DEPT: "The applicant suggests a public/private partnership to include existing historic properties with have certain exemptions from full compliance with the requirements of chapter 11 (accessibility) in the Oregon Structural Specialty Code. The proposed new building, while designed to be in character with the existing elements, will need to provide appropriate features which comply with the code cited. In the next pre-application (if provided), comment should address a plan to provide accessible route, means of egress and common area components which will meet those standards." Obtain all necessary permits prior to construction. Please contact Building Official Mike Broomfield at 552-2073 or via e-mail to broom fim(d-ashland.or.us for any further information. FIRE DEPARTMENT: See comments at the end of this document. Please contact Division Chief and Fire Marshal Margueritte Hickman of the Fire Department at 552-2229 or via e-mail to hickmanm a.ashland.or.us for any further information. . ENGINEERING/STORMWATER/STREETS AND TRANSPORTATION: "Engineering Department has no comments pertaining to the zone change but will have comments upon review of subsequent pre-applications." Please contact Karl Johnson of the Engineering Division at 552- 2415 or via e-mail to johnsonknashland.or.us for any further information. WATER AND SEWER SERVICE: "Water: OK." Please contact Terry Oldfield with the Water Quality Division at 552-2326 or via e-mail to oldfielt!iii ashland.or.us for any further information. ELECTRIC SERVICE: Please contact Dave Tygerson for service requirements and fee information at 552-2389 or via e-mail to tvgersond(a,,ashland.or.us . HISTORIC COMMISSION: "Zoning change seems reasonable; what are the owner's plans for this property?" The Historic Commission Review Board meets weekly on Thursday afternoons, and the full Commission monthly on the first Wednesday evening. When the project moves to a design phase, the applicants may wish to call the Planning Department at 488-5305 to arrange for time on one of these agendas for review and comment by the Commission. APPLICATION PROCESS: Type III - Public Hearing before Planning Commission and/or City Council Application Submittal Requirements: 45 days prior to the next available hearing. Two (2) copies of written findings addressing the following criteria for a Zone Change/Zoning Map Amendment from 18.108.060: Zone changes, zoning map amendments and comprehensive plan map changes subject to the Type III procedure as described in subsection A of this section may be approved if in compliance with the comprehensive plan and the application demonstrates that one or more of the following: a. The change implements a public need, other than the provision of affordable housing, supported by the Comprehensive Plan; or b. A substantial change in circumstances has occurred since the existing zoning or Plan designation was proposed, necessitating the need to adjust to the changed circumstances; or c. Circumstances relating to the general public welfare exist that require such an action; or d. Proposed increases in residential zoning density resulting from a change from one zoning district to another zoning district, will provide 25% of the proposed base density as affordable housing consistent with the approval standards set forth in 18.106.030(G);or e. Increases in residential zoning density of four units or greater on commercial, employment or industrial zoned lands (i.e. Residential Overlay), will not negatively impact the City of Ashland's commercial and industrial land supply as required in the Comprehensive Plan, and will provide 25% of the proposed base density as affordable housing consistent with the approval standards set forth in 18.106.030(G) The total number of affordable units described in sections D or E shall be determined by rounding down fractional answers to the nearest whole unit. A deed restriction, or similar legal instrument, shall be used to guarantee compliance with affordable criteria for a period of not less than 60 years. Sections D and E do not apply to council initiated actions. Type III Application Procedures: 1. Applications subject to the Type III Procedure shall be process as follows: a. Complete applications shall be heard at the first regularly scheduled Commission meeting which is held at least 45 days after the submission of the application. b. Notice of the hearing shall be mailed as provided in section 18.108.080. C. A public hearing shall be held before the Commission as provided in 18.108.100: 2. For planning actions described in section 18.108.060.A. 1 and 2, the Commission shall have the authority to take such action as is necessary to make the amendments to maps and zones as a result of the decision without further action from the Council unless the decision is appealed. The decision of the Commission may be appealed to the Council as provided in section 18.108.110. 3. For planning actions described in section 18.108.060.A. 3 and 2, the Commission shall make a report of its findings and recommendations on the proposed action. Such report shall be forwarded to the City Council within 45 days of the public hearing. a. Upon receipt of the report, or within 60 days of the Commission hearing, the Council shall hold a public hearing as provided in 18.108.100. Public notice of such hearing shall be sent as provided in section 18.108.080. b. The Council may approve, approve with conditions, or deny the application. NEXT APPLICATION DEADLINE: 45 days prior to next Planning Commission meeting PLANNING COMMISSION MEETING: Second Tuesday of each month FEES: $2,450 Comp Plan Amendment $2,450 Zone Change $ 917 + /z percent of project value for Comm. Site Review $ 0 Tree Removal Permit $ 917 P & E Permit NOTE: Applications are accepted on a first come-first served basis. All applications received are reviewed by staff, and must be found to be complete before being scheduled at a Planning Commission meeting. Applications will not be accepted without a complete application form signed by the applicant(s) and property owner(s), all required materials and full payment. Applications are reviewed for completeness within 30 days from application date in accordance with ORS 227.178. The first fifteen COMPLETE applications submitted are processed at the next available Planning Commission meeting. Type III applications have additional noticing requirements understate and local laws, reguiringadditional time (45 davs) between the submittal and scheduling of the first public hearing. September 9th, 2009 Derek Severson, Associate Planner Date Ashland Fire & Rescue Pre-Application Comments Project 85 Winbum Date: August 24, 2009 Description: Applicant: Urban Development Fire Department Margueritte Hickman Services Contact: 552-2229 Phone: 482-3334 Permit Number: PL-2009-01089 Fire department comments are based upon the 2007 Oregon Fire Code as adopted by the Ashland Municipal Code: Addressing - Building numbers or addresses must be at least 4 inches tall, be of a color that is in contrast to its background, and shall be plainly visible and legible from the street fronting the property. Additional building numbers or addresses must be plainly visible on the buildings. All premises identification, street signs and building numbers, must be in place with temporary signs when construction begins and permanent signage prior to issuance of any occupancy. Fire Flow - Fire flow is determined by table B 105.1 in Appendix B of the Oregon Fire Code. An increase or reduction as referenced by this code section may be required or allowed. Square footage of a structure for the purpose of determining fire flow includes all areas under the roof including garages, covered decks, basements and storage areas. A fire flow reduction of up to 75% can be allowed with the installation of a fire sprinkler system. Fire Hydrant Distance to Structures - Hydrant distance is measured from the hydrant, along a driving surface, to the approved fire apparatus operating location. Hydrant distance shall not exceed 300 feet. Hydrant distance can be increased to 600 feet if approved fire sprinkler systems are installed. If a fire sprinkler system is installed, the following applies: Fire Department Connection (FDC)-The FDC is required to be a single 5 inch diameter National Standard Thread (NST) female swivel connection with rocker lugs and cap installed 18" to 48" above finished grade. A single 2 '/2" NST female swivel connection with rocker lugs and cap is acceptable if hydraulic calculations are provided that indicate a single 2 %2 " line will adequately serve the system. Note that 2 %2" siamese connections are not accepted in the City of Ashland. Key Box - A Knox Box is required for buildings with fire sprinkler or fire alarms systems. The Knox Box must be a 3200 series or larger and may be either surface mounted or recessed into a wall. The installation location of the Knox Box will be determined by Ashland Fire & Rescue. The Knox Box is required to be installed in accordance with the manufacturers instructions. The Knox Box order form must be obtained from Ashland Fire & Rescue. Final determination of fire hydrant distance, fire flow, and fire apparatus access requirements will be based upon plans submitted for Building Permit review. Changes from plans submitted with this application can result in further requirements. Any future construction must meet fire code requirements in effect at that time. The fire department contact for this project is Fire Marshal Margueritte Hickman. She may be contacted at (541) 552-2229 or hickmanm@ashland.or.us. CITY OF ASHLAND Council Communication Resolution to Support HR 3745 Community Access Preservation Act Meeting Date: October 20, 2009 Primary Staff Contact: Ann Seltzer Department: Administration E-Mail: ann@ashland.or.us Secondary Dept.: None Secondary Contact: Approval: Martha Berm Estimated Time: Consent Question: Will the City Council adopt a Resolution supporting HR 3745, the Community Access Preservation Act which addresses critical and immediate threats to PEG regulation (public education, government) and to contact the Oregon congressional delegation to support passage of the legislation? Staff Recommendation: Staff recommends the City Council adopt the resolution and contact the Oregon Congressional delegation to support passage of this legislation. Background: Mayor Stromberg was contact via email (attached) by RVTV (Rogue Valley Television) asking for City Council support of this legislation. RVTV provides public access television to the Rogue Valley and their ability to provide PEG services could be threatened without passage of this legislation. Federal legislation has been introduced to protect the erosion of PEG channels and the use of PEG funds. Specifically the legislation addresses four main issues: • Allows PEG fees to be used for any PEG related purpose, • Requires PEB channels to be carried in the same manner as local broadcast channels, • Requires the FCC to study the effect State video franchise laws have had on PEG and require operators in states that adopted statewide franchising to provide support equal to the greater of the support required under the state law, or the support historically provided for PEG, • Make cable television-related laws and regulations applicable to all landline video providers. Nationwide many community access television stations have been forced to close or severely limit their operations as a result of a combination of state law changes and FCC decisions, which cable television operators are claiming permit them to eliminate funding and important in-kind support they have traditionally provided to local community access television channels. Related City Policies: Agreement for Services with RVTV to provide community access television Council Options: . Adopt the resolution and direct staff to contact the Oregon Congressional delegation asking for support of HR 3745. Page I of 2 ME CITY OF ASHLAND Do not adopt the resolution and provide new direction to staff. Potential Motions: I move to adopt Resolution 2009_ in support of HR 3745 and direct staff to contact the Oregon Delegation asking for their support of this legislation. Attachments: • Resolution 2009 • Email from RVTV to Mayor Stromberg • News Release from the Alliance for Community Media Page 2 of 2 RESOLUTION NO. 2009- A RESOLUTION SUPPORTING IMMEDIATE PASSAGE OF HR 3745 Recitals: A. Public, educational and government (PEG) channels play a significant role in Ashland. B. PEG channels are a unique and valuable resource for local information and discourse for the residents of Ashland. C. PEG channels televise local government meetings, including city council, planning commission, county board, and school board meetings, so that citizens are informed about the actions taken by local elected officials. D. PEG channels contribute to the democratic process by providing opportunities for candidates and others, such as the League of Women Voters, to discuss local issues during election campaigns. E. PEG channels provide a window through which residents can view the diversity of cultures, recreational activities and artistic endeavors in their local community. F. PEG channels reflect the unique identity of the communities they serve. G. It is important to preserve PEG channels and funding for PEG channels, and to ensure that the channels, such as Rogue Valley Community Television, continue to be available to the entire community to serve the residents of Ashland. H. HR 3745, the Community Access Preservation Act, addresses critical and immediate threats to PEG., THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The City of Ashland, Oregon, supports the immediate passage of HR 3745. SECTION 2. The City of Ashland, Oregon, calls on our Congressional delegation to take all possible actions in support of the passage of HR 3745, including but not limited to endorsing, co- sponsoring and voting for HR 3745, and to work for its rapid passage. SECTION 3. This resolution was duly PASSED and ADOPTED this day of , 2009, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder Page 1 of 2 SIGNED and APPROVED this day of 12009. John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Page 2 of 2 Forwarded Message From: "Nena Heitz" <HeitzN(asou.edu> To: bennettm(cliashland.or.us, msevbold(abci.grants-oass.or.us, "Gary Wheeler" <Gary.Wheeler(oIcityofinedford.org>, dellis(a)co.iosephine.or.us, dtoler(o)co.iosephine.or.us, scassanelliClo co.josephine.or.us, "John Stromberg" <iohn@council.ashland.or.us>, gilmoudr(cbiacksoncounty.org, smithdc(aliacksoncounty.org, walkedw@iacksoncounty.org Sent: Monday, October 12, 2009 4:08:59 PM GMT -08:00 US/Canada Pacific Subject: PEG - Community Access Television - time sensitive Greetings, I am passing along the below message from Community Television's reps in Washington DC asking for your assistance in preserving the rights of PEG television in the country. If you feel so inclined, RVTV would appreciate your support. Nena Heitz Nena Heitz Director / Administrative Manager RVTV Multimedia Center 1525 Webster Street Ashland OR 97520 541 / 552-8777 scuderin@)sou.edu www,roquetv.org Alliance for Community Media <hsoule(a)alliancecm.org> 10/12/2009 3:32 PM JOINT ACM and NATOA CALL TO ACTION! Help Pass the CAP Act Now! Dear Members: We need rapid action on the CAP Act legislation introduced on October 8 by Representative Tammy Baldwin (HR 3745). We urge you to take these steps as quickly as possible: 1. Have your local government: * Adopt a resolution supporting the legislation; forward that resolution and a letter of support to your Congressional delegation. Request that your Congressional member support, and, if possible, become a co-sponsor of the legislation (see sample resolution below); * Urge the state and local municipal groups to which it belongs (communities are often members of the National League of Cities, the US Conference of Mayors, or the National Association of Counties, and state leagues) to support the bill; and * Distribute the legislation, the summary description, and the section-by-section analysis to other communities via listservs, and urge other communities to also support it. The bill, summary, and section-by-section analysis can be found at www,alliancecm.org/CARtoolkit. 2. If you are a non-profit organization, have your Board: * Send a letter to your Congressional delegation (copied to Rep. Tammy Baldwin and to you) emphasizing the importance of preserving PEG channels (sample letters can be found at www.alliancecm.org/CAPtoolkit; * If your non-profit is able to endorse the legislation, please do so by resolution, and send that to your local government, to your Congressional delegation, and to Representative Baldwin; and * If you or any of your Board members have good relations with your local elected officials, have them urge the local elected officials to pursue Step 1 above. 3. Encourage your members and the non-profits that use your channels and access centers to: 1 * Send a letter to the local government and the Congressional delegation (copied to Rep. Tammy Baldwin and to you) emphasizing the importance of preserving PEG channels; and * If the non-profits feel comfortable with endorsing the legislation, ask them to do so; see above. Please let NATOA and the ACM know what has been done, and forward copies of letters/resolutions, etc. to both Rob McCausland, rmccausland(olalliancecm.org and Matt Johnson, mlohnsoneho.natoa.org. Here is the link to a press release to distribute, also: htto: //al liancecm.oro/sites/defa u It/files/Cai)toolkit/l)ressrelease.doc If you need additional briefing materials or want to volunteer, join or contribute to this important campaign, let us know ASAP by phone, email, or website: 202-393-2650, hsouleClaalliancecm.org, http://alliancecm.org Keep Us Connected! Helen Soule Tonya Rideout Executive Director Interim Executive Director ACM NATOA POSSIBLE MODEL RESOLUTION WHEREAS, public, educational and government (PEG) channels play a significant role in [NAME OF COMMUNITY]; WHEREAS, PEG channels are a unique and valuable resource for local information and discourse for the residents of [NAME OF COMMUNITY]; and WHEREAS, PEG channels televise local government meetings, including city council, planning commission, county board and school board meetings, so that citizens are informed about the actions taken by local elected officials; and WHEREAS, PEG channels contribute to the democratic process by providing opportunities for candidates and others, such as the League of Women Voters, to discuss local issues during election campaigns; and WHEREAS, PEG channels provide a window through which residents can view the diversity of cultures, recreational activities and artistic endeavors in their local community; and WHEREAS, PEG channels reflect the unique identity of the communities they serve; and WHEREAS, it is important to preserve PEG channels and funding for PEG channels, and to ensure that the channels continue to be available to the entire community to serve the residents of [NAME OF COMMUNITY]; and WHEREAS, HR 3745, the Community Access Preservation Act, addresses critical and immediate threats to PEG. NOW THEREFORE BE IT RESOLVED: The [NAME OF BODY ADOPTING THE RESOLUTION] supports immediate passage of HR 3745; and The [NAME OF BODY] calls on our Congressional delegation to take all possible actions in support of the passage of HR 3745, including but not limited to endorsing, co-sponsoring and voting for HR 3745, and to work for its rapid passage. 2 Alliance For Community OCTOBER 9, 2009 Media FOR IMMEDIATE RELEASE NATUML DFFU CONTACT: HELEN SOULE - 202-393-2650 1100 G. Street NW Washington DC w .aiiience.oro ALLIANCE APPLAUDS COMMUNITY ACCESS PRESERVATION ACT The Alliance for Community Media applauds Wisconsin Congresswoman Tammy Baldwin for introducing the Community Access Preservation (CAP) Act of 2009 (PDF) to address the challenges faced by public, education, and government (PEG) TV channels and community access television stations. Nationwide, many community access television stations have been forced to shut down or severely limit their operations as a result of a combination of state law changes and FCC decisions, which cable television operators are claiming permit them to eliminate funding and important in-kind support they have traditionally provided to local community access television channels. In addition, several video providers have begun to carry PEG channels differently than commercial channels, broadcasting them in reduced resolution and in a way that makes it impossible for subscribers to select or record them like other channels. In some cases, customers must now pay extra fees in order to receive PEG channels, which were intended by Congress to be available to everyone in the community. In other cases, operators are refusing to pass through PEG closed captioning unless a special request is made. This treatment undervalues PEG channels and their viewers. "Local access channels bring unique voices, perspectives, and programming to television," said Congresswoman Baldwin. "The nature of television programming is changing, as are the methods in which that programming is delivered. These changes should not come at the expense of the diversity and vibrancy of local voices," Baldwin said. "Our office has asked the FCC to address some of these issues immediately. However, while we continue to urge the FCC to act, the FCC cannot address all the immediate problems, and it is important for Congress to do so." PEG channels connect residents with their local government in much the same way C-SPAN connects people to activities in Congress. Local school districts operate channels to reach the community with school board meetings and forums, interviews, lectures, and sporting events not otherwise seen on television. Additionally, community public access stations provide a place where residents can learn video production, check out equipment, and create their own programs. According to a survey conducted by the National Association of Telecommunications Officers and Advisors, religious programming represents 20-40% of the content appearing on local PEG channels. BuWmgC n4 Though Medic Since 1976 3 While the mistreatment of PEG is being challenged in the courts and the FCC, many communities and PEG stations are not in a position to protect their interests effectively. The Community Access Preservation (CAP) Act addresses four immediate issues facing PEG (summary). The CAP Act would: • Allow PEG fees to be used for any PEG-related purpose • Require PEG channels to be carried in the same manner as local broadcast channels • Require the FCC to study the effect state video franchise laws have had on PEG, and require operators in states that adopted statewide franchising to provide support equal to the greater of the support required under the state law, or the support historically provided for PEG, and • Make cable television-related laws and regulations applicable to all landline video providers. "Decisions at the state and federal level have combined to create a crisis for PEG. With the CAP Act, Rep. Baldwin effectively addresses the most immediate problems and opens the door to the future by preserving support for PEG while the FCC conducts its study. This bill is critical to us. Wisconsin's rich community access heritage is on the line," said Mary Cardona, Executive Director of the Wisconsin Association of PEG Channels.. "Community Media has a four decade history of connecting communities with their governments, schools, churches, friends and neighbors. The future existence of community media is being threatened against the intent of Congress for localism and diversity of voices in media. With the CAP Act, Rep. Baldwin addresses immediate needs to preserve and protect the important role PEG channels play in advancing democratic ideals through community uses of media," said Matt Schuster, Chair, Alliance for Community Media. Baldwin's legislation is supported by the Alliance for Community Media (public policy platform) and the National Association of Telecommunication Officers and Advisors. Contact: Helen Soule, Executive Director, Alliance for Community Media 202-393-2650 4 Page 1 of 1 Diana Shiplet - [Council-business] Agenda Item Request From: Russ Silbiger <russ@counci1.ash] and. or.us> To: Martha Bennett <bennettm@ashland.or.us> Date: 10/13/2009 10:10 AM Subject: [Council business] Agenda Item Request CC: Council Business <Council_Business@ashland.or.us> Attachments: Tax-Settlement-Attachments.pdf, Part.003 Martha, I am requesting an agenda item in regards to the following: On March 31. 2005 the owners of Geppetto's signed an agreement in regards to payment of Food and Beverage Taxes. http://www.ashiand.or.us/Page.asp?NavlD=8356 This agreement was approved by the City Council on April 5, 2005. One of the terms was that they agree to remain current on all Food and Beverage payments coming due from the date of the agreement for a period of five years Not doing so would put them in default of the agreement and all monies owed would be due and payable. From the information publicly released yesterday, it would appear they are in default of the agreement. I am requesting the City Council meet in the appropriate setting to discuss with staff the options we have and the direction City Council wishes to provide to staff. Attached is the agreement. Thank you, Russ Silbiger Ashland City Councilor russ@council.ashland.or.us 541-482-6907 This email is subject to Oregon public records law for disclosure and retention. file://C:\Documents and Settings\shipletd\Local Settings\Temp\XPGrpWise\4AD45220AshDomAshP010... 10/14/2009 TAX OBLIGATION SETTLEMENT AGREEMENT BETWEEN, MacRoth, Inc., an Oregon Corporation dba Geppetto's, and Ronald Roth and Kathleen MacMichael, individual shareholders and officers of MacRoth, Inc., Geptoo, Inc, and Oregon Corporation dba Plaza Cafe, and Ronald Roth, Kathleen MacMichael and Mark Rosenkranz, individual shareholders and officers of Geptoo, Inc., hereinafter collectively referred to as "Taxpayers" AND The City of Ashland, an Oregon Municipal Corporation, hereinafter referred to as "City." DATED This 3L day of March, 2005. Premises: 1. Taxpayers operate two local restaurants within the City of Ashland. 2. City imposes a tax on the sale of prepared foods and beverages. 3. Kathleen MacMichael suffered an accidental injury to her knee in March 2001, that resulted in financial hardship for Taxpayers. 4. As a result of the financial hardships, Taxpayers have been delinquent in payment 5. Prior to January 6, 2004, payments received were applied first to outstanding penalties and interest, then to the underlying taxes. This would result in continued delinquencies and the additional imposition of penalties unless a covered entity paid all delinquent taxes, penalties in interest in full. 6. On January 6, 2004, the City of Ashland adopted Ordinance No. 2903, which changed the Ashland Municipal Code to allow a covered entity to make period specific payments, thus limiting the penalties to only those periods in which a covered entity did not pay their tax on time. 7. Taxpayers currently have outstanding, unsatisfied judgments with a balance as of January 31, 2005 as follows: a. Geppetto's - $22,721.24 b. Plaza C66 - $15,860.52 In addition, taxpayers are currently delinquent on the following periods with amounts current to January 31, 2005 for which suit has been filed: Settlement Agreement Page - 1 G:Ucp1\Mike\Food & Beverage Tax\TAX OBUGATION SETTLEMENT AGREEMENT-1 AM a. Geppetto's April 2004 $2,916.81 Oct/Nov 2004 $ 750.25 b. Plaza Cafe Mar/Apr 2004 $3,195.38 August 2004 $2,706.67 Sept/Oct 2004 $4,002.46 Also in addition, Taxpayers have not paid the food and beverage tax for the months of November 2004 and December 2004 for the Plaza Cafe. Taxpayer has submitted returns for the tax due for these periods of $397.83 for the month of November 2004 and $831.29 for the month of December 2004. 8. Since the accident in 2001, Taxpayers have incurred late penalties on delinquent food and beverage tax payments that have either been paid, included in a court judgment against Taxpayers or are still owing in the following amounts: a. Geppetto's $12,879.65 b. Plaza Caf6 $ 4,697.72 9. Taxpayers desire to propose a settlement to take care of the outstanding taxes, penalties and interest. NOW THEREFORE, THE PARTIES AGREE 1. The premises are deemed true and are herein incorporated by reference. 2. So long as Taxpayers comply with the terms and conditions of this agreement, City agrees to stay collection of an amount equivalent to the total amount of penalties assessed against Geppetto's and Plaza Cafi for a period of five years from the date hereof. 3. So long as Taxpayers comply with the terms and conditions of this agreement, City agrees to stay collection of $1,900.00 for a period of five years from the date hereof. Said amount is an estimated adjustment to accommodate some periods in which estimates of taxes owed for particular tax periods may have exceeded the actual amount of taxes collected for those periods 4. In the event that Taxpayers fulfill all of the terms and conditions of this agreement, at the end of the five year term of this agreement, City will forgive the deferred collection amounts set forth in paragraphs 2 and 3 above. 5. After the deferral of the amounts set forth in paragraphs 2 and 3 above, Taxpayers still owe $33,905.08 in unpaid taxes and interest. This amount shall hereinafter be referred to as the base amount. Taxpayers agree to pay the base amount with interest at the rate of three fourths of one percent (0.75%) per month as follows: Settlement Agreement Page - 2 GNephMikeTood & Be mge TWTAX OBLIGATION SMLLMENT AGREEMENr•lAw a. In the event Taxpayers sell the Plaza Cafe, Taxpayers shall, from the proceeds of the sale, pay the total outstanding base amount plus any accrued interest within 15 days of the date the sale closes. b. Until such time as the Plaza Cafe is sold, if at all, Taxpayers agree to pay the base amount plus accrued interest, by making payments as follows: $703.81 per month, beginning July 1, 2005, until all amounts, including principal and interest are paid. Payments shall be applied first to accrued interest, then to the principal amount. There shall be no penalty for early payments. Any full payments received early may be used to offset future payments due. 6. To secure Taxpayer's obligation to comply with the terms and provisions of this agreement, Taxpayers agree to execute a mortgage in the favor of the City of Ashland against the real property located at 7024 Old Highway 99 South, Ashland, Oregon, Township 40 South, Range 2 East of the Willamette Meridian, Section 20, Tax Lot 800, more particularly described in the attached Exhibit A and hereinafter referred to as the "Security Property." When all obligations under the terms of this agreement have been paid, City will execute a release of mortgage for the Security Property. 7. Taxpayers agree to remain current on all Food and Beverage Tax payments coming due from the date of this agreement for a period five years from the date hereof for both Geppetto's and Plaza Cafb. In the event Taxpayers sell either/or both restaurants and retain no ownership interest, either individually or corporately, Taxpayers shall be excused from compliance with this paragraph for the particular restaurant sold for any tax reporting periods after the date of the sale. 8. Time is of the essence in this agreement. 9. In the event Taxpayers default on any of Taxpayers' obligations pursuant to the terms and conditions of this agreement, all sums due and owing under this agreement, including the amounts deferred under paragraphs 2 and 3, shall become immediately due and payable and the City may pursue any remedies under this agreement, at law, or in equity to collect such sums. 10. In the event the City must file suit in a court of law due to a default in the payment or performance of any of its terms, the defaulting party shall pay, the prevailing party's actual fees and expenses together with reasonable attorney fees. 11. This agreement shall be governed and interpreted in accordance to the laws of the State of Oregon. Settlement Agreement Page - 3 GAIepr\Mike\Foud & Beverage Tex\TAX OBLIGATION sErmEMENr AGREEMENr•I.dm 12. All remedies under this Agreement are cumulative and not exclusive. Any election to pursue one remedy shall not preclude the exercise of any other remedy. No delay or omission in exercising any right or remedy shall impair the full exercise of that or any other right or remedy or constitute a waiver of the default. The terms and conditions of this agreement may only be waived in writing, signed by the party waiving. Any waiver of any default in any term or condition shall not be construed to be a waiver of any additional defaults of that term or condition or of any other term or condition of this agreement. IN WITNESS WHEREOF, the parties hereby agree. City of Ashland TAXPAYERS John W. Morrison, Mayor Ronald Roth KatlileenMacMichael Mark Rosenl= STATE OF OREGON ) COUNTY OF JACKSON ) This instrument was acknowledged before me on 3 s 2 - e 5 by Ro s`ue' OFFICIAL SEAL DFENSTERMAKER NOTARY PUBLIC OREGON COMMISSION NO 377699 ,~Fn MY COMMISSION EXPIRES FEBRUARY 23.2098 of Public or egon My commission expires: STATE OF OREGON ) NO COUNTY OF JACKSON ) MY COMMISS This instrument was acknowledged before me on. 3 -31 oS by Kathleen MacMichael. AER MPUBLICOREGON L REGON Pub tc for Oregon 377699 MY COMM ARY 23. 2008 M commission expires: RIET Settlement Agreement Page - 4 GAIepI\MikeTood & Beverage TWTAX OBLIGATION SETTLEMENT AGREEMENT-I.doc STATE OF OREGON ) COUNTY OF JACKSON ) This instrument was acknowledged before me on.-I,zaJ5'by Mark Rosenkranz. OFFICIAL 7 of Public for Ore JANET SMITH gon NOTARY PUBLI:NO. - OREGONMy commission expires: 7 COMMISSION 380569 MY COMMISSION EXPIREJULY 17. 2008 =JULY N 008 Settlement Agreement Page - 5 GNegaRMike\FoW & Bw mgc Tax\TAX OBLIGATION SEITLEMENT AGREEMENT-Ldoc EXHIBIT A A parcel of Property in Jackson County Oregon more particularly described as: Beginning at the Northeast comer of the North Half of the Southeast Quarter of Sec. 20, Twp. 40 South, Range 2 East of the W.M., in JCO; thence South on the East line of said Section, 808 feet to the center line of the Pacific Highway; thence following courses and distances down said center line, North 70° 21' West 64 feet; thence North 85° 02' West 253 feet; thence on the arc of a 36 degree curve to the right, the chord of which curve bears North 33° 42' West 235.3 feet; thence leaving the Pacific Highway North 37° 42' West 753 feet to the North line of said North Half of the Southeast Quarter; thence East 860 feet, more or less, to the point of beginning. EXCEPTING therefrom the following described premises, to-wit: Beginning at a point on the East and West center line of Sec. 20, Twp. 40 South, Range 2 East of the W.M., in JCO, said point being 295 feet west of the East Quarter comer of said Section 20; said point also being 100 feet distant Southeasterly from (when measured at right angles to) the relocated center line of the Pacific Highway at Engineer's Station 519+32.6; thence South 36° 19 feet East, a distance of 30 feet; thence South 53° 41' West, parallel to and 130 feet distant from said center line, a distance of 167.4 feet; thence North 36° 19' West, a distance of 30 feet; thence South 53° 41' West, parallel to and 100 feet distant from, said center line a distance of 282.3 feet to the Southwesterly line of said property; said point being opposite and 100 feet distant from Engineer's Center Station 523+82.3; thence North 37° 42' West, along said property line, a distance of 330.8 feet to the Northwest corner of said property; thence South 89° 32' East along the North line of said property, 564.6 feet to the point of beginning, being land described in Vol. 210, page 406,. Deed Records of JCO. Settlement Agreement Page - 6 GNegatMik6Food R Bo mge TWTAX OBLIGATION SETTLEMENT AGREEMENT-I.doo